TITLE 5. Education
Division 1. California Department of Education
Chapter 1. General Provisions
Subchapter 1. Citation and Definitions
Note • History
NOTE
Authority cited: Section 33031(a), Education Code.
HISTORY
1. New Chapter 1 (§§ 1 and 2) filed 9-23-69; effective thirtieth day thereafter (Register 69, No. 39).
2. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Repealer filed 12-14-83; effective thirtieth day thereafter (Register 83, No. 51).
4. Amendment of division heading filed 6-8-2004; operative 6-8-2004 (Register 2004, No. 24).
History
Throughout Division 1 of this title, unless otherwise indicated by the context:
(a) “County superintendent” means the county superintendent of schools having jurisdiction.
(b) “Department or CDE” means the California Department of Education.
(c) “Governing board” means the governing board of a school district maintaining any grade K-12.
(d) “Grade” includes kindergarten, unless otherwise specified.
(e) “High school” includes junior high school, four year high school, senior high school, and continuation high school unless a contrary intention appears, but excludes evening high schools, called “adult schools” in this title.
(1) “Four year high schools” are organized to include grades 9, 10, 11, and 12.
(2) “Junior high schools” are organized to include grades seven and eight; grades seven, eight, and nine; or grades seven, eight, nine, and ten.
(3) “Senior high schools” are organized to include grades 10, 11, and 12; or grades 11 and 12.
(f) “K-12” means kindergarten and grades 1 through 12.
(g) “Pupil” means a person enrolled in any grade K-12, in an ungraded class, or individual instruction.
(h) “Regular day class” means a class maintained during the regular school day, as fixed by the governing board of the school district. Classes in special day and evening and summer schools, juvenile hall schools, remedial classes, and classes for the physically handicapped, mentally retarded, severely mentally retarded, educationally handicapped, and mentally gifted are not regular day classes.
(i) “Regular full-time day school” means a school maintained by a school district during the day, as distinguished from evening or night, for not less than 175 days during the fiscal year and for not less than the minimum school day established by or pursuant to law.
(j) “School” means a public school maintained for a grade or grades, K-12.
(k) “Section” means a section of this code, unless some other code or statute is expressly mentioned.
(l) “State Board or SBE” means the State Board of Education.
HISTORY
1. Amendment of subsection (f) filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Change without regulatory effect amending first paragraph and subsections (b) and (l) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
Subchapter 2. School Sessions [Repealed]
HISTORY
1. Repealer of Chapter 2 (Sections 10 and 11) filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39). For prior history see Register 70, No. 9.
Subchapter 3. Flag of the United States [Repealed]
HISTORY
1. Repealer of Chapter 3 (Sections 20 and 21) filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39). For prior history, see Register 69, No. 39.
Subchapter 4. Affirmative Action Employment Programs
Note • History
It continues to be the policy of the State Board of Education (SBE) to provide equal opportunity in employment for all persons and to promote the total realization of equal employment opportunity through a continuing affirmative action employment program. It is the intention of the SBE to implement that policy and to implement sections 44100 through 44105 of the Education Code as added by Chapter 1090 of the Statutes of 1977 (S.B. 179 ).
NOTE
Authority cited: Chapter 4 (Sections 30 and 31); Article 4 (Sections 44100-44105) of Chapter 1, Part 25, Division 3, Education Code.
HISTORY
1. Repealer of Chapter 4 (Sections 30-36) and new Chapter 4 (Sections 30 and 31) filed 5-17-78; effective thirtieth day thereafter (Register 78, No. 20). For prior history, see Registers 77, No. 39; 75, No. 39; 74, No. 16.
2. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§31. Development and Implementation of Programs.
Each public education agency will develop and implement an affirmative action employment program for all operating units and at all levels of responsibility within its jurisdiction.
Subchapter 5. Public Records
§50. Access to Public Records of the California Department of Education.
Note • History
(a) Inspection of the original copy of any public record of the California Department of Education (CDE) (as defined by Government Code sections 6252(d) and 6254) will be permitted during regular office hours of the CDE, 1430 N Street, Sacramento, California 95814.
(b) Requests to inspect such records should be filed with the Chief Deputy Superintendent of Public Instruction at least five working days prior to the requested inspection date in order to insure availability.
(c) Requests for inspection should be as specific as possible in identifying the records desired.
(d) Original copies of public records shall not be removed from the office of the custodian thereof.
(e) If search by a state employee for the records requested, inspection of the public record will be subject to the payment of the fees required by section 18473 of this title.
NOTE
Authority cited: Section 33031, Education Code; and Section 6253, Government Code. Reference: Section 6253, Government Code.
HISTORY
1. New Chapter 5 (§§ 50-51) filed 1-23-76; effective thirtieth day thereafter (Register 76, No. 4).
2. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Amendment of NOTE filed 12-14-83; effective thirtieth day thereafter (Register 83, No. 51).
4. Change without regulatory effect amending section heading, subsections (a) and (e) and Note filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§51. Obtaining Copies of Public Records.
Note • History
Copies of public records may be obtained from the custodian thereof through the procedure provided in Section 18471.
NOTE
Authority cited: Section 33031(a), Education Code; and Section 6253(a), Government Code. Reference: Sections 6253(a), 6256 and 6257, Government Code.
HISTORY
1. Amendment of NOTE filed 12-14-83; effective thirtieth day thereafter (Register 83, No. 51).
Subchapter 6. California Department of Education--Conflict of Interest Code
Note • History
The Political Reform Act, Government Code sections 81000, et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission (FPPC) has adopted a regulation, 2 Cal. Code of Regulations section 18730, which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the (FPPC) to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 Cal. Code of Regulations section 18730 and any amendments to it duly adopted by the (FPPC), along with the attached Appendix in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the California Department of Education, except as provided below.
Designated employees shall file statements of economic interests with the agency.
Exception: As provided in 2 Cal. Code of Regulations section 18730(b)(1), the definitions contained in the Political Reform Act of 1974 shall apply to the terms used in this Code except that neither the term “investment” nor the term “business entity” shall operate to exclude any private school in California, whether or not such school is operated for profit.
NOTE
Authority cited: Sections 87300 and 87304, Government Code. Reference: Sections 87300, et seq., Government Code.
HISTORY
1. New chapter 6 (sections 70-78) filed 12-17-76; designated effective 2-1-77. Approved by Fair Political Practices Commission 10-6-76 (Register 76, No. 51).
2. Repealer of chapter 6 (sections 70-78) and new chapter 6 (section 70 and Appendix) filed 2-26-81; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 12-1-80 (Register 81, No. 9).
3. Amendment filed 3-2-94; operative 4-1-94. Submitted to OAL for printing only. Approved by Fair Political Practices Commission 1-25-94 (Register 94, No. 9).
4. Amendment of Appendix, list of designated employees, filed 11-8-99; operative 12-8-99. Approved by Fair Political Practices Commission 9-1-99 (Register 99, No. 46).
5. Change without regulatory effect amending subchapter heading, section and Note filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
Appendix
Disclosure
Designated Employees Categories
Headquarters Offices
All educational classifications at or above the level of
Assistant Superintendent. I, II, III
All exempt positions, including those authorized for boards
and commissions I, II, III
All Career Executive Assignment classes I, II, III
All legal classifications I, II, III
All professional education classifications I, II
All field representative classifications in school facilities I, II, III
Senior Architect I, II, III
All positions in curriculum frameworks and textbook
development at or above the level of Staff Services Analyst I, II
All Child Nutrition classifications I, II
All fiscal, management and staff services classifications at or
above the level of Staff Services Manager I II
All supervising data processing or information systems classes I, II
All persons in staff services classes where the duties include
substantial review of local programs and funding or commodities
decisions may be affected I, II
All Business Services Office classifications at or above the
level of Business Service Officer II II
All accounting classifications at or above the level of
Accounting Administrator I II
All audio-visual classifications at or above the level of
Audio-Visual Specialist II
Departmental Construction and Maintenance Supervisor II
All contract consultants *
State Special Schools
Site Superintendent or Director of a Special School or Center I, II
All education positions designated Supervisory, Managerial,
or Excluded II
All physician positions II
All Business Manager positions II
All director of dietetics positions II
All supervising cook positions II
All chief of plant operation positions II
Disclosure Categories:
Category I.
Persons in this category shall report investments, business positions and income to the extent that they know or have reason to know that the business entity in which the investment or business position is held or the source of income is a publisher, manufacturer, or vendor of instructional materials, educational materials, supplies, machines, equipment, food commodities or consulting services offered to educational institutions in the State of California. They shall also report any investments, business positions and income in or from any private school in the State of California.
Category II.
Persons in this category shall report investments, business positions, and income to the extent that they know or have reason to know that the business entity in which the investment or business position is held or the source of income is engaged in the performance of educational, research or professional consulting services, or publishes, manufactures, or sells supplies, books, machines, equipment, food commodities, or other items purchased by the Department.
Category III.
Persons in this category shall report interests in real property in California.
* Contract consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations:
The Executive Deputy Superintendent may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with he disclosure requirements in this section. Such written determination shall include a description of the consultant's duties, and based upon that description, a statement of the extent of disclosure requirements. The Executive Deputy Superintendent's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.
Subchapter 7. Plans to Alleviate Racial and Ethnic Segregation of Minority Students [Repealed]
NOTE
Authority cited: Section 33031, Education Code.
HISTORY
1. Certificate of Compliance as to 6-28-91 order repealing subchapter 7 (sections 90-101) transmitted to OAL 10-16-91 and filed 11-7-91 (Register 92, No. 8).
Chapter 2. Pupils
Subchapter 1. General Provisions
Article 1. Admission and Exclusion of Pupils
§200. Admittance to First Grade from Kindergarten.
Note • History
A child who has been lawfully admitted to a public school kindergarten in California may be placed in the first grade at the discretion of the administration of a school district if it determines that the child is ready for first grade work.
(a) The governing board shall adopt regulations setting forth the procedures to be followed.
(b) The procedures adopted shall insure that a kindergarten pupil placed in the first grade meets the following minimum criteria:
(1) The child is at least five years of age.
(2) The child has attended a public school kindergarten for a long enough time to enable school personnel to evaluate his ability.
(3) The child is in the upper five percent of his age group in terms of general mental ability.
(4) The physical development and social maturity of the child are consistent with his advanced mental ability.
(5) The parent or guardian of the child has filed with the school district a written statement approving placement in the first grade.
NOTE
Authority cited for Article 1: Section 33031 and 33037, Education Code.
HISTORY
1. New Chapter 1 (§§ 200-202, 300-307, 350-353) filed 9-23-69; effective thirtieth day thereafter (Register 69, No. 39).
2. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§201. Admission to High School.
History
The school district maintaining a high school shall admit pupils in accordance with the grade organization of the schools maintained and the maturity and achievement of the pupils as follows:
(a) A pupil shall be admitted to the high school shown if he has completed at least the grade indicated.
Admitting
Grade Completed High School
Grade 6 Junior high school
Grade 8 Four year high school
Grade 9 Senior high school (having grades 10, 11, and 12)
Grade 10 Senior high school (having grades 11 and 12)
(b) A pupil may be admitted to a high school who in the judgment of personnel of the district described in Education Code Section 48020 or 48030, as appropriate, is capable of profiting from the instruction offered, regardless of the grade he has completed.
HISTORY
1. Amendment of subsection (b) filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§202. Exclusion of Pupils with a Contagious Disease.
A pupil while infected with any contagious or infectious disease may not remain in any public school.
Article 2. Duties of Pupils
Every pupil shall attend school punctually and regularly; conform to the regulations of the school; obey promptly all the directions of his teacher and others in authority; observe good order and propriety of deportment; be diligent in study; respectful to his teacher and others in authority; kind and courteous to schoolmates; and refrain entirely from the use of profane and vulgar language.
§301. Duty to Refrain from Certain Conduct. [Repealed]
History
HISTORY
1. Repealer filed 6-23-76; effective thirtieth day thereafter (Register 76, No. 26).
§302. Pupils to Be Neat and Clean on Entering School.
A pupil who goes to school without proper attention having been given to personal cleanliness or neatness of dress, may be sent home to be properly prepared for school, or shall be required to prepare himself for the schoolroom before entering.
§303. Duty to Remain at School.
A pupil may not leave the school premises at recess, or at any other time before the regular hour for closing school, except in case of emergency, or with the approval of the principal of the school.
Every pupil shall leave the schoolroom at recess unless it would occasion an exposure of health.
§305. Pupil Responsible for Care of Property.
A pupil who defaces, damages, or destroys any school property or willfully or negligently injures another pupil or school employee is liable to suspension or expulsion, according to the nature of the offense.
A principal or teacher may require satisfactory explanation from the parent or guardian of a pupil, either in person or by written note, whenever the pupil is absent a part or all of a school day. The explanation shall not be required until the day following.
§307. Participation in School Activities Until Departure of Bus.
A pupil for whom the district provides transportation facilities may be required to remain at school to participate in activities approved by the superintendent of schools or by the governing board until the departure of the pupil in the vehicle to which he has been assigned.
Article 3. Privileges of Pupils
A pupil enrolled in a school shall not be required to pay any fee, deposit, or other charge not specifically authorized by law.
§351. Work or Services Required of Pupils.
A pupil shall not be required to perform any work or services that may be detrimental to his health.
§352. Detention During Recess or Noon Intermission.
A pupil shall not be required to remain in school during the intermission at noon, or during any recess.
Note
A pupil shall not be detained in school for disciplinary or other reasons for more than one hour after the close of the maximum school day, except as otherwise provided in Section 307.
NOTE
Specific authority cited for Section 350: Section 5 of Article IX, California Constitution.
Subchapter 2. Records of Pupils
Article 1. Attendance Records and Accounting
Note • History
Records of attendance of every pupil in the public schools shall be kept for the following purposes:
(a) For apportionment of State funds.
(b) To insure general compliance with the compulsory education law, and performance by a pupil of his duty to attend school regularly as provided in Section 300.
NOTE
Authority cited: Section 46000, Education Code.
HISTORY
1. New Article 1 (§§ 400-408) filed 2-24-70; designated effective 7-1-70 (Register 70, No. 9).
2. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§401. Forms and Procedures for Recording Attendance.
Note • History
(a) Elementary school attendance shall be kept in a state school register, as required by section 44809, except when a central file is maintained as authorized by Education Code section 44809.
(b) High school attendance (including junior high school) shall be kept on forms approved by the California Department of Education.
(c) In all high schools, except those listed in (d) of this section, each teacher shall be required to submit to the principal, at least once each school day, a report of attendance for each period of the day in which he conducts classes, listing the names of all pupils absent in any period.
(d) In all classes for adults, continuation schools, and classes, and regional occupational centers and programs, attendance shall be reported to the supervising administrator at least once each school month.
NOTE
Authority cited: Sections 44809 and 46000, Education Code. Reference: Section 44809, Education Code.
HISTORY
1. Amendment of subsection (a) filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Amendment filed 11-7-79; effective thirtieth day thereafter (Register 79, No. 45).
3. Change without regulatory effect amending subsections (a) and (b) and Note filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§402. Attendance That May Be Counted.
History
For apportionment purposes, attendance of a pupil upon schools or classes maintained by a school district or a county superintendent may be counted when the pupil is present during the time lawfully prescribed for the school or class in which he is enrolled and when such attendance meets the requirements prescribed by Education Code Section 46300. In addition, if the pupil is enrolled in summer school his attendance may be counted only if the summer school meets the requirements of Education Code Section 12400.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§403. Pupils Enrolled for the Minimum School Day.
History
Subject to the provisions of Sections 402, 404, and 405, for apportionment purposes a pupil enrolled in a regular day class or a special day class for the minimum school day applicable to him (except pupils whose attendance is recorded by clock hour) is deemed present for the entire school day, unless he is absent for the entire school day prescribed by the local governing board under Education Code Section 46100.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§404. Pupils Whose Attendance Is Reported by Clock Hour.
Subject to the provisions of Sections 402 and 405, a pupil enrolled in a class described in Section 406 is deemed present, and he shall not be counted or recorded as absent for apportionment purposes, unless he is absent the entire clock hour.
§405. Actual Attendance Counted.
History
For apportionment purposes, in a situation described in (a), (b), or (c) of this section, only a pupil's actual attendance upon regular day school or class shall be counted. Such attendance shall be recorded in clock hours.
(a) Admission Charge.
For some period of time during his regularly programmed school day he attends or engages in a school sponsored function or activity for which he pays a fee, an admission, or participation charge, except for fees authorized for adult education (Education Code Sections 52612 and 52613).
(b) Work Experience Class. He is enrolled in a work experience class. In this case, his attendance is the sum of the hours of his actual attendance upon the regular school plus the hours of attendance in the work experience class which meet the requirements of Section 46300 of the Education Code.
(c) Excused from Regular Schools or Class.
Whenever a pupil is excused from a school or class to attend or participate in a function or activity which does not meet the requirements of Section 46300 of the Education Code.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§406. Attendance Reported by Clock Hour.
History
Attendance shall be reported in clock hours for the following:
(a) Pupils enrolled for less than the minimum school day.
(b) Pupils in classes for adults wherever held pursuant to the Education Code.
(c) Pupils enrolled in work experience programs.
(d) Pupils in continuation education schools or classes.
(e) Pupils in regional occupational centers or regional occupational programs.
(f) Pupils in summer schools.
(g) Physically handicapped pupils.
(1) Adults and minors receiving individual instruction in home or hospital.
(2) Pupils sixteen years of age or over who are enrolled in an occupational training program, i.e., sheltered workshop, pursuant to Education Code Section 46500.
(h) Educationally handicapped minors receiving individual instruction in home or hospital or children's institution pursuant to Education Code Section 46511.
HISTORY
1. Amendment of subsection (g)(1) filed 3-19-71; effective thirtieth day thereafter (Register 71, No. 12).
2. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§407. Attendance Recorded in Minutes. [Repealed]
History
HISTORY
1. Amendment filed 3-19-71; effective thirtieth day thereafter (Register 71, No. 12).
2. Change without regulatory effect repealing section filed 9-19-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 6).
§408. Computation of Attendance for Classes Recorded in Minutes. [Repealed]
History
HISTORY
1. Amendment filed 3-19-71; effective thirtieth day thereafter (Register 71, No. 12).
2. Change without regulatory effect repealing section filed 9-19-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 6).
§409. Deduction of Attendance of Pupils in Remedial Classes Maintained by a County Superintendent. [Repealed]
History
HISTORY
1. New section filed 6-25-70; effective thirtieth day thereafter (Register 70, No. 26).
2. Amendment of subsection (a) filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Change without regulatory effect repealing section filed 9-19-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 6).
Article 1.1. Record of Verification of Absence Due to Illness and Other Causes
§420. Absences Allowable as Attendance.
Note • History
Absence due to any one or more of the following causes, when verified in accordance with this article, is allowable as attendance in a regular full-time day school as defined in Section 2(i) maintained by a district and in a school or class maintained by a county superintendent of schools:
(a) Illness.
(b) Quarantine directed by a county or city health officer.
(c) Having medical, dental, or optometrical services rendered.
(d) Attending funeral services of a member of the pupil's immediate family to the extent of not more than one day if the service is conducted in California and not more than three days if the service is conducted outside of California. Members of an immediate family are, for purposes of this subsection, those relationships set out in Education Code Section 45194 except that references therein to “employee” shall be deemed to be references to “pupil.”
NOTE
Authority cited for Article 1.1: Section 46000, Education Code.
HISTORY
1. New Article 1.1 (§§ 420 through 424) filed 2-24-70; designated effective 7-1-70 (Register 70, No. 9).
2. Amendment filed 9-20-74; effective thirtieth day thereafter (Register 74, No. 38).
3. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
(a) Any of the following persons may verify an absence due to illness or quarantine:
(1) A school or public health nurse.
(2) An attendance supervisor.
(3) A physician.
(4) A principal.
(5) A teacher.
(6) Any other qualified employee of a district or of a county superintendent of schools assigned to make such verification.
(b) The verification shall be made in accordance with any reasonable method which establishes the fact that the pupil was actually ill or under quarantine if the method has been approved:
(1) In the case of a school district, by resolution of the governing board entered in its minutes.
(2) In the case of a school or class maintained by a county superintendent of schools, by resolution of the county board of education entered in its minutes.
§422. Recording of Absence Due to Illness or Quarantine.
(a) Absence due to illness or quarantine shall, in the first instance, be recorded on attendance accounting forms and in state school registers in the same manner as any other absence is recorded.
(b) After a person authorized to make verification has determined that an absence is due to illness or quarantine, such fact shall be recorded as follows:
(1) If attendance records are kept manually and on the negative basis, the absence entry shall be circled with blue or black ink. If attendance records are kept manually and on the positive basis, an attendance entry shall be made and circled with blue or black ink. Circled entries may be recorded as attendance in the total attendance column.
(2) If attendance records are made by machine, an appropriate symbol shall be used to identify verified absences due to illness or quarantine on monthly attendance summary forms. Absences so identified may be recorded as attendance in the total attendance column.
A pupil who contacts an illness of a prolonged nature or who has been a victim of an accident which will prevent attendance for a prolonged period shall be counted as absent due to illness only until such time as he is able and starts to receive instruction in home, hospital, or sanitorium, or is given instruction by other means. No absence due to illness shall be credited as attendance beyond the current school year.
§424. Prior Registration and Attendance Required.
Absence due to illness or quarantine shall not be credited for a pupil prior to his having been registered and in attendance upon a school or class.
Article 2. Emergency Average Daily Attendance*
Note • History
A decrease in the average daily attendance is material for the purposes of Education Code Section 46392 when at least ten percent of the students who would normally attend a school do not attend on any one day. Any decrease in attendance at a necessary small school, as defined in Education Code Section 42283 is material for the same purpose. The average daily attendance of the school during either the month of May or the month of October of the same school year, at the District's option, shall be used to determine the normal attendance of a school for purposes of this section.
NOTE
Authority cited: Sections 33112 (a) and 46392, Education Code. Reference: Section 46392, Education Code.
HISTORY
1. New Article 2 (Section 428) filed 2-24-70 as an emergency; designated effective 7-1-70 (Register 70, No. 9).
2. Certificate of Compliance filed 4-15-70 (Register 70, No. 16).
3. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
4. New subsections (d) and (e) filed 12-6-77; effective thirtieth day thereafter (Register 77, No. 50).
5. Amendment filed 11-16-89; operative 12-16-89 (Register 89, No. 46).
*See Sections 15100-15106 for decrease in A.D.A. due to excessive ratio of pupils to classroom teachers.
§429. Inability to Maintain Schools for the Prescribed Minimum Fiscal Year. [Repealed]
Note • History
NOTE
Authority cited: Sections 33112(a) and 41422, Education Code. Reference: Sections 41422 and 46392, Education Code.
HISTORY
1. New section filed 12-6-77; effective thirtieth day thereafter (Register 77, No. 50).
2. Repealer filed 11-16-89; operative 12-16-89 (Register 89, No. 46).
Article 3. Individual Pupil Records
Note • History
(a) “Pupil” means a person who is or was enrolled in a school.
(b) “Adult Pupil” means a person who is or was enrolled in school and who is at least 18 years of age.
(c) “Eligible Pupil” means a person 16 years or older or who has completed Grade 10.
(d) “Pupil Record” means information relative to an individual pupil gathered within or without the school system and maintained within the school system, regardless of the physical form in which it is maintained. Essential in this definition is the idea that any information which is maintained for the purpose of second party review is considered a pupil record.
(1) “Mandatory Permanent Pupil Records” are those records which are maintained in perpetuity and which schools have been directed to compile by California statute, regulation, or authorized administrative directive.
(2) “Mandatory Interim Pupil Records” are those records which the schools are directed to compile and maintain for stipulated periods of time and are then destroyed as per California statute, regulation, or authorized administrative directive.
(3) “Permitted Pupil Records” are those records having clear importance only to the current educational process of the student.
(e) “District” means a local school district or county or state operated special school or private or out-of-state school for which California tax revenues pay all or part of the tuition.
NOTE
Authority cited for Article 3: Section 33031 and 49062, Education Code and 20 U.S.C. § 1232(g). Reference: Section 49062, Education Code.
HISTORY
1. Repealer of Article 3 (Sections 430-432) and new Article 3 (Sections 430-438) filed 9-27-76; effective thirtieth day thereafter (Register 76, No. 40).
2. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§431. Responsibilities of Local Governing Boards.
History
(a) Local governing boards shall designate a certificated employee as custodian of records. Such employee shall be charged with districtwide responsibility for implementing board policies relating to pupil records.
(b) The principal of each school or a certificated designee shall be responsible for the implementation of board and district policies relating to the pupil records maintained in that school.
(c) Each district shall establish written policies and procedures for pupil records which implement Education Code Section 49060, and Title 5 regulations relating to pupil records. Such procedures and policies shall:
(1) Guarantee access to authorized persons within 5 days following the date of request;
(2) Assure security of the records; and
(3) Enumerate and describe the pupil records collected and maintained by the district.
(d) All anecdotal information and assessment reports maintained as a pupil record shall be dated and signed by the individual who originated the data.
(e) The district shall notify parents in writing at least annually of their rights in regard to pupil records as per Education Code Section 49063.
(f) When a parent's dominant language is not English, the district shall make an effort to:
(1) Provide interpretation of the pupil record in the dominant language of the parent, or
(2) Assist the parent(s) in securing an interpreter.
(g) Neither the pupil record, nor any part thereof, shall be withheld from the parent or eligible pupil requesting access.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§432. Varieties of Pupil Records.
History
(a) The principal of each school shall keep on file a record of enrollment and scholarship for each pupil currently enrolled in said school.
(b) Local school districts shall not compile any other pupil records except mandatory or permitted records as herein defined:
(1) “Mandatory Permanent Pupil Records” are those records which the schools have been directed to compile by California statute authorization or authorized administrative directive. Each school district shall maintain indefinitely all mandatory permanent pupil records or an exact copy thereof for every pupil who was enrolled in a school program within said district. The mandatory permanent pupil record or a copy thereof shall be forwarded by the sending district upon request of the public or private school in which the student has enrolled or intends to enroll. Such records shall include the following:
(A) Legal name of pupil.
(B) Date of birth.
(C) Method of verification of birth date.
(D) Sex of pupil.
(E) Place of birth.
(F) Name and address of parent of minor pupil.
1. Address of minor pupil if different than the above.
2. An annual verification of the name and address of the parent and the residence of the pupil.
(G) Entering and leaving date of each school year and for any summer session or other extra session.
(H) Subjects taken during each year, half-year, summer session, or quarter.
(I) If marks or credit are given, the mark or number of credits toward graduation allows for work taken.
(J) Verification of or exemption from required immunizations.
(K) Date of high school graduation or equivalent.
(2) “Mandatory Interim Pupil Records” are those records which schools are required to compile and maintain for stipulated periods of time and are then destroyed as per California statute or regulation. Such records include:
(A) A log or record identifying those persons (except authorized school personnel) or organizations requesting or receiving information from the record. The log or record shall be accessible only to the legal parent or guardian or the eligible pupil, or a dependent adult pupil, or an adult pupil, or the custodian of records.
(B) Health information, including Child Health Developmental Disabilities Prevention Program verification or waiver.
(C) Participation in special education programs including required tests, case studies, authorizations, and actions necessary to establish eligibility for admission or discharge.
(D) Language training records.
(E) Progress slips and/or notices as required by Education Code Sections 49066 and 49067.
(F) Parental restrictions regarding access to directory information or related stipulations.
(G) Parent or adult pupil rejoinders to challenged records and to disciplinary action.
(H) Parental authorizations or prohibitions of pupil participation in specific programs.
(I) Results of standardized tests administered within the preceding three years.
(3) “Permitted Records” are those pupil records which districts may maintain for appropriate educational purposes. Such records may include:
(A) Objective counselor and/or teacher ratings.
(B) Standardized test results older than three years.
(C) Routine discipline data.
(D) Verified reports of relevant behavioral patterns.
(E) All disciplinary notices.
(F) Attendance records not covered in the Administrative Code Section 400.
HISTORY
1. Amendment of subsection (2)(E) filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§433. Maintenance and Security of Pupil Records.
(a) The custodian of records shall be responsible for the security of pupil records maintained by the district and shall devise procedures for assuring that access to such records is limited to authorized persons.
(b) Records for each individual pupil shall be maintained in a central file at the school attended by the pupil, or when records are maintained in different locations a notation in the central file as to where such other records may be found is required.
§434. Access to Pupil Records.
History
Access to pupil records should be in accordance with Education Code Sections 49069 and 49073 through 49077.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§435. Procedure for Access to Pupil Records.
(a) Authorized organizations, agencies, and persons from outside the school whose access requires the consent of the parent or the adult pupil must submit their request to view the records, together with any required authorization, to the chief school administrator or the custodian of records.
(b) The chief school administrator or the custodian of records or a certificated designee shall be responsible during the inspection for interpretation of the records where necessary and for prevention of their alteration, damage, or loss. In every instance of inspection of pupil records by persons who do not have assigned educational responsibility, an entry shall be made in the access log of said record, indicating the name of the person(s) granted access, the reason access was granted, the time and circumstances of inspection, and the records inspected.
(c) Unless otherwise judicially instructed, the school district shall, prior to the disclosure of any pupil records to organizations, agencies, or persons outside the school pursuant to a court order, give the parent or adult pupil at least three days' notice, if lawfully possible within the requirements of the judicial order, of the name of the requesting agency and the specific records requested. Such notification shall be provided in writing, if practicable. Only those records related to the specific purpose of the court order shall be disclosed.
§436. Rights of Parents and Adult Pupils.
History
A parent or an adult pupil may challenge the content of any pupil record according to the procedures established by Education Code Sections 49069 and 49070. A hearing panel may be convened to aid the superintendent or board in deciding whether a challenge should be sustained, as specified in Education Code Section 49071.
Information shall be corrected or removed if it is: (1) inaccurate, (2) an unsubstantiated personal conclusion or inference, (3) a conclusion or inference outside of the observer's area of competence, or (4) not based on the personal observation of a named person with the time and place of the observation noted.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§437. Retention and Destruction of Pupil Records.
(a) No additions except routine updating shall be made to the record after high school graduation or permanent departure without the prior consent of the parent or adult pupil.
(b) Mandatory permanent pupil records shall be preserved in perpetuity by all California schools according to Chapter 2, Division 16, Part I, of this title.
(c) Unless forwarded to another district, mandatory interim pupil records may be adjudged to be disposable when the student leaves the district or when their usefulness ceases. Destruction shall be in accordance with Section 16027 of this title during the third school year following such classification.
(d) Permitted pupil records may be destroyed when their usefulness ceases. They may be destroyed after six months following the pupil's completion of or withdrawal from the educational program.
The method of destruction shall assure that records are not available to possible public inspection in the process of destruction.
(a) When a pupil transfers to another school district or to a private school, a copy of the pupil's Mandatory Permanent Pupil Record shall be transferred upon request from the other district or private school. The original or a copy must also be retained permanently by the sending district. If the transfer is to another California public school, the pupil's entire Mandatory Interim Pupil Record shall be forwarded. If the transfer is out of state or to a private school, the Mandatory Interim Pupil Record may be forwarded. Permitted pupil records may be forwarded. All pupil records shall be updated prior to such transfer.
(b) If the pupil is a within-California transfer, the receiving school shall notify parents of the record transfer. If the student transfers out of state, the sending district may notify the parents of the rights accorded them. The notification shall include a statement of the parent's right to review, challenge, and receive a copy of the pupil record, if desired.
(c) Pupil records shall not be withheld from the requesting district because of any charges or fees owed by the pupil or his parent. This provision applies to pupils in grades K-12 in both public and private schools.
Article 4. Records Identifying and Accounting for Project-Connected Pupils
§450. Records Identifying Project-Connected Pupils.
Note • History
The following procedure shall be used, and the following records kept, in identifying project-connected pupils defined in Education Code Section 41931:
(a) On October 31 or on the last day of school preceding October 31, each school district contemplating the filing of an application for an apportionment under the provisions of Article 14 of Chapter 5 of Part 24 of the Education Code shall identify each pupil who has enrolled in the regular full-time day schools of the district subsequent to the commencement of any project defined in Education Code Section 41930, and whose parent or guardian has moved into the district subsequent to the commencement of such project. The record of identification shall include, but is not limited to, each of the following items of information which shall be verified by an employee of the school district:
(1) Name of pupil enrolled.
(2) Grade in which enrolled.
(3) Name of parent or guardian.
(4) Address of parent or guardian.
(5) Date parent or guardian moved into district.
(6) Name of employer of parent or guardian.
(7) Address of such employer and location of employment.
(8) Date of beginning such employment.
(9) Signature of school district employee verifying information.
(10) Dates on which re-examinations required by subsection (c) of this section were made.
(11) Date pupil enrolled in the regular full-time day schools.
(b) The pupil identified in (a) above shall include only those pupils whose parents or guardians are employed by a contractor or subcontractor in connection with the project or by the State of California whose work is in connection with the project. Upon verification of the information required in (a) above and the filing of a certification by the parent or guardian of each pupil that such parent or guardian moved into the area subsequent to the commencement of the project primarily for the purpose of securing employment or being employed in connection with the project, such pupil shall be determined to be in addition to the number of children who would otherwise normally be expected to be in the district pursuant to the provisions of Education Code Section 41931.
(c) Periodically throughout the school year, but not less than three times during such year, the district shall re-examine the employment status of the parent or guardian of each project-connected pupil. The date of any change of employment shall be indicated and the new employer noted on the identification record of the pupil.
NOTE
Authority cited: Section 41931, Education Code.
HISTORY
1. Renumbering from Article 6 (Section 450) to Article 4 (Section 450) filed 9-27-76; effective thirtieth day thereafter (Register 76, No. 40).
2. Amendment and new NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Subchapter 3. Health and Safety of Pupils
Article 1. Fire Drills
Note • History
A fire drill shall be conducted in each elementary and intermediate school at least once each month and in each secondary school not less than twice every school year. The fire drill shall be conducted in accordance with either (a) or (b).
(a) The governing board may arrange for a fire department to conduct fire drills for the school.
(b) The principal of each school shall conduct the fire drills. In this case, all pupils, teachers, and other employees shall be required to leave the building.
NOTE
Authority cited: Section 32001, Education Code. Reference: Section 32001, Education Code.
HISTORY
1. New Chapter 3 (§§ 550, 560, 570-576, 590-593)filed 9-23-69; effective thirtieth day thereafter (Register 69, No. 39).
2. New NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Amendment filed 11-7-79; effective thirtieth day thereafter (Register 79, No. 45).
Article 2. Civil Defense Plans and Drills
§560. Civil Defense and Disaster Preparedness Plans.
Note • History
The governing board shall adopt a written policy for use by schools of the district in formulating individual civil defense and disaster preparedness plans.
NOTE
Authority cited: Section 33031, Education Code. Reference: None.
HISTORY
1. Amendment filed 6-28-73; effective thirtieth day thereafter (Register 73, No. 26).
2. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Amendment filed 11-7-79; effective thirtieth day thereafter (Register 79, No. 45).
Article 3. School Safety Patrols (Traffic Safety)
§570. Establishment and Supervision.
Note • History
A school safety patrol established by a governing board pursuant to Education Code Section 49300, shall comply with this article, as well as Article 4 (commencing with Section 49300) of Chapter 1 of Part 19 of the Education Code.
NOTE
Authority cited for Article 3: Sections 49300 and 49303, Education Code.
HISTORY
1. Amendment of Section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§571. Age or Grade of Members.
History
A pupil enrolled in the school who is either less than 10 years old or enrolled in a grade below the fifth grade may not be a member of the patrol.
HISTORY
1. Amendment filed 7-20-73; effective thirtieth day thereafter (Register 73, No. 29).
§572. Where School Safety Patrols May Be Used.
School safety patrols may be used only at those locations where the nature of traffic will permit their safe operation. The locations where school safety patrols are used should be determined by joint agreement between the local school district and the local police agency.
(a) Patrol members shall reach their posts at least 15 minutes before the opening of classes in the morning and in the afternoon, or at such earlier time as the governing board shall authorize, and shall remain on duty until the last bell calls the pupils to class.
(b) At dismissals, patrol members shall leave their classes in time to reach their posts before the dismissal bell.
(c) At dismissals, each patrol member shall remain on duty until all students who are not stragglers have passed his post.
§574. Operating Procedure at Crossings Where School Safety Patrols Are Stationed.
(a) At Crossings Controlled by a Police Officer or a Crossing Guard.
At crossings where traffic is controlled by a police officer or crossing guard, the safety patrol will direct the crossing of the students in conformity with the signal of the police officer or crossing guard.
(b) At Crossings With Automatic Signals.
Patrol members shall hold the students off the roadway until the signals allow them to cross safely. The patrol members should allow only the immediate group to cross. All latecomers should wait for the next cycle.
(c) At Crossings With No Automatic or Pedestrian Signals.
(1) The patrol members shall be so posted as to be clearly visible to approaching traffic. They shall stay out of the moving stream of traffic and where there are parked cars obstructing their view, they shall be posted no farther in the roadway than the outer edge of the parked cars.
(2) Patrol members shall not permit students to enter the roadway until it appears it is safe for them to cross.
(3) When it appears it is safe for them to cross, the patrol members shall direct the students to cross the roadway in a group.
(4) When the students are safely across the roadway, the patrol members shall change the signs so that the normal traffic may proceed and so that the students may be held off the roadway.
(d) At Crossings Where There Are No Automatic Signals and the Roadway Is Designed for More Than Two Lanes of Moving Traffic.
There shall be at least two patrol members. One shall operate as described in section (c) above. The other patrol member shall operate in uniformity similarly on the opposite side of the roadway and give attention to traffic approaching on that side. He shall assist the group of students to reach that side of the roadway safely.
(e) At Crossings Where There Are Pedestrian-operated Signals.
(1) Patrol members shall have the responsibility for the operation of the pedestrians' signals during the hours on duty specified in Section 573.
(2) When there is a break in the traffic stream the patrol member shall activate the signal.
(3) Patrol members shall hold the students off the roadway until the signals allow them to cross. The patrol members shall allow only the immediate group to cross. Latecomers should wait for the next cycle.
(f) Pedestrian Tunnels or Overpasses.
Patrol members shall be stationed on each side of the roadway so that the protection provided shall be used.
(g) Loading on Streetcars.
Patrol members shall hold the students off the roadway until the streetcar or other conveyance which is to be loaded in the roadway has arrived at the loading station and has stopped. The patrol members will then allow the students to cross the roadway to the public conveyance, provided their crossing is not in conflict with a traffic signal, or the direction of a police officer or crossing guard.
§575. School Safety Patrol Crossing Sign.
(a) The crossing sign shall be a rigid disk 18 inches in diameter and brilliant red in color. The word STOP in 6-inch white letters shall appear in the center of the disk. The word SCHOOL shall appear in 2-inch white letters directly above and parallel to the word STOP, and the word CROSSING shall appear in 2-inch white letters directly below and parallel to the word STOP.
(b) The sign shall be fastened to a round pole approximately six feet in length, and at such an angle that when the sign is extended in an operating position the lettering will be horizontal.
(c) In lieu of the crossing sign referred to in subsections (a) and (b) of this section, any other type of crossing sign approved by the Department of Public Works may be used.
(a) A school safety patrol member (except a member of the R.O.T.C. or California Cadet Corps on traffic duty in his official uniform) shall wear, at all times while on duty, the basic standard uniform specified in this section, except that the rainy day uniform may be worn under appropriate weather conditions. Only the optional additions specified in this section may be added to the uniform.
(b) The basic standard uniform for patrol members is the white or fluorescent orange Sam Browne belt and either an overseas type federal yellow or fluorescent orange cap or a yellow or fluorescent orange helmet.
Optional additions to the basic standard uniform are any or all of the following:
(1) Colored piping on the federal yellow cap
(2) Colored striping on the yellow helmet
(3) A red or fluorescent orange upper garment
(4) Insignia or a special badge identifying the organization, to be worn on the left breast, left arm, or cap.
(c) The rainy-day uniform is a federal yellow raincoat and a federal yellow rain hat. The Sam Browne belt may be worn over the raincoat.
(d) The insignia, or special badge and cap shall be worn only during official school safety patrol duty, except that the governing board may authorize members of the school safety patrol to wear the uniform and insignia for special school safety patrol functions.
Article 4. Vision Testing
(Education Code Section 49452)
Note • History
Pursuant to Education Code Section 49452, a county superintendent of schools may contract with an agency duly authorized to provide vision tests, which includes a city or county health department, a local health district, or the State Department of Health Services.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 49452, Education Code.
HISTORY
1. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Amendment of article heading, section heading, section and Note filed 8-9-2004; operative 8-9-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 33).
§591. Employees Authorized to Give Tests.
Note • History
(a) An employee of a school district or of a county superintendent of schools may be authorized to give vision tests pursuant to Education Code Section 49452 and may be designated a “duly qualified supervisor of health” within the meaning of that section if the employee is:
(1) A physician and surgeon or osteopath employed pursuant to Education Code Section 44873.
(2) A school nurse employed pursuant to Education Code Section 44877.
(3) An optometrist employed pursuant to Education Code Section 44878.
(b) Any other certificated employee of the school district or of the county superintendent of schools may be authorized to give vision tests pursuant to Education Code Section 49452 if the employee has one of the following documents:
(1) A statement from a qualified supervisor of health that the employee has satisfactorily completed an acceptable course of in-service training in techniques and procedures in vision testing of at least six clock hours given by the qualified supervisor of health making the statement and that the employee is qualified to administer vision tests to pupils.
(2) A transcript from an accredited college or university evidencing that the employee has successfully completed an acceptable course in vision testing of at least one semester unit.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 44873, 44877, 44878 and 49452, Education Code.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Amendment of section and new Note filed 8-9-2004; operative 8-9-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 33).
§592. Acceptable Course in Vision Testing.
Note • History
An acceptable course in vision testing is one that provides the following:
(a) Basic knowledge of the structure, normal development, and function of the eye and common anomalies of vision and factors influencing visual performance.
(b) Basic knowledge of signs and symptoms suggesting eye difficulty.
(c) Techniques and procedures in administering optotype and color vision tests. Such techniques and procedures shall include training in the following:
(1) Establishing tests rapport with pupils.
(2) Seating of pupil and placing of equipment.
(3) Providing adequate lighting conditions for the testing situation.
(4) Recording test results.
(5) Referring pupils in need of follow-up.
(d) Practice in administering optotype and color vision tests under the supervision of a duly qualified supervisor of health.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 49452, Education Code.
HISTORY
1. Amendment of section heading, first paragraph and subsections (c) and (d) and new Note filed 8-9-2004; operative 8-9-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 33).
§593. Responsibility as to Eligibility.
Note • History
Each school district and county superintendent of schools shall determine and be responsible for the eligibility of personnel employed or permitted by the district or county superintendent of schools to administer vision tests or to conduct inservice training programs in techniques and procedures in administering such tests.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 49452, Education Code.
HISTORY
1. Amendment of section and new Note filed 8-9-2004; operative 8-9-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 33).
Note • History
(a) The test of visual acuity administered pursuant to Education Code sections 49452 and 49455 shall mean a test for visual acuity at the far point. This shall be conducted by means of an optotype test. Test failure for the visual acuity test shall be defined as follows:
(1) For children under six years of age: Visual acuity of 20/50 or worse. The designation 20/50 or worse indicates the inability to identify accurately the majority of letters or symbols on the 20-foot line of the test chart at a distance of 10 feet.
(2) For children six years of age or older: Visual acuity of 20/40 or worse. This means the inability to identify the majority of letters or symbols on 15-foot line of the chart at a distance of 10 feet.
(3) For all children: A difference of visual acuity between the two eyes of two lines or more on the optotype chart.
(b) For pupils who, because of age or special needs are not able to be tested with an optotype test, other types of vision testing, such as a functional vision test, may be utilized, using procedures and criteria of failure as described by the manufacturer.
(c) If a pupil fails a vision test that is conducted by an employee authorized to give vision tests pursuant to subdivision (b) of Section 591, a reevaluation shall be conducted prior to a report being made to the pupil's parent or guardian. This reevaluation shall be conducted by an employee authorized to give vision tests pursuant to subdivision (a) of Section 591.
(d) If a pupil fails a vision test conducted by an employee authorized to give vision tests pursuant to subdivision (a) of Section 591, a report shall be made to the pupil's parent or guardian as required by Education Code Section 49456.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 3308.5, 49452, 49455 and 49456, Education Code.
HISTORY
1. New section filed 1-19-73; effective thirtieth day thereafter (Register 73, No. 3).
2. Amendment filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).
3. Amendment of Section and repealer of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
4. Amendment of section heading and section and new Note filed 8-9-2004; operative 8-9-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 33).
§595. Appraisal of Color Vision.
Note • History
The appraisal of color vision in male pupils pursuant to Education Code sections 49452 and 49455 shall mean a test employing pseudoisochromatic plates. Procedures and criteria of failure as described by the manufacturer shall be used.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 49452 and 49455, Education Code.
HISTORY
1. New section filed 1-19-73; effective thirtieth day thereafter (Register 73, No. 3).
2. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Amendment of section heading and section and new Note filed 8-9-2004; operative 8-9-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 33).
§596. Gross External Observation of the Children's Eyes, Visual Performance and Perception.
Note • History
Gross external observation of the children's eyes, visual performance and perception, pursuant to Education Code sections 49452 and 49455, shall mean continuous observation by teachers of the appearance, behavior and complaints of pupils that might indicate vision problems. Also, periodic investigation where pupils' school performance begins to give evidence that existence of the problem might be caused by a visual difficulty. Such an evaluation shall be done in consultation with the school nurse.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 49452 and 49455, Education Code.
HISTORY
1. New section filed 1-19-73; effective thirtieth day thereafter (Register 73, No. 3).
2. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Amendment of section and new Note filed 8-9-2004; operative 8-9-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 33).
Article 4.1. Administering Medication to Pupils or Otherwise Assisting Pupils in the Administration of Medication During the Regular School Day
Note • History
Pursuant to Section 49423 and subdivision (b) of Section 49423.6 of the Education Code, any pupil who is required to take, during the regular school day, prescribed medication may be assisted by a school nurse or other designated school personnel if both of the following conditions are met:
(a) The pupil's authorized health care provider executes a written statement specifying, at a minimum, the medication the pupil is to take, the dosage, and the period of time during which the medication is to be taken, as well as otherwise detailing (as may be necessary) the method, amount, and time schedule by which the medication is to be taken.
(b) The pupil's parent or legal guardian provides a written statement initiating a request to have the medication administered to the pupil or to have the pupil otherwise assisted in the administration of the medication, in accordance with the authorized health care provider's written statement.
NOTE
Authority cited: Sections 33031 and 49423.6, Education Code. Reference: Sections 49423 and 49423.6, Education Code.
HISTORY
1. New article 4.1 (sections 600-611) and section filed 11-20-2003; operative 11-20-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 47).
Note • History
As used in Section 49423 and subdivision (b) of Section 49423.6 of the Education Code and in this article:
(a) “Authorized health care provider” means an individual who is licensed by the State of California to prescribe medication.
(b) “Medication” may include not only a substance dispensed in the United States by prescription, but also a substance that does not require a prescription, such as over-the-counter remedies, nutritional supplements, and herbal remedies.
(c) “Medication log” may consist of a form developed by the local education agency for the documentation of the administration of the medication to the pupil or otherwise assisting the pupil in the administration of the medication. The medication log may include the following:
(1) Pupil's name;
(2) Name of medication the pupil is required to take;
(3) Dose of medication;
(4) Method by which the pupil is required to take the medication;
(5) Time the medication is to be taken during the regular school day;
(6) Date(s) on which the pupil is required to take the medication;
(7) Authorized health care provider's name and contact information; and
(8) A space for daily recording of medication administration to the pupil or otherwise assisting the pupil in administration of the medication, such as date, time, amount, and signature of the individual administering the medication or otherwise assisting in administration of the medication.
(d) “Medication record” may include:
(1) The authorized health care provider's written statement;
(2) The written statement of the parent or legal guardian;
(3) The medication log; and
(4) Any other written documentation related to the administration of the medication to the pupil or otherwise assisting the pupil in the administration of the medication.
(e) “Other designated school personnel” may include any individual employed by the local education agency who:
(1) Has consented to administer the medication to the pupil or otherwise assist the pupil in the administration of medication; and
(2) May legally administer the medication to the pupil or otherwise assist the pupil in the administration of the medication.
(f) “Parent or legal guardian” means the individual recognized by the local education agency as having authority to make medical decisions for the pupil.
(g) “Regular school day” may include not only the time the pupil receives instruction, but also the time during which the pupil otherwise participates in activities under the auspices of the local education agency, such as field trips, extracurricular and cocurricular activities, before- or after-school programs, and camps or other activities that typically involve at least one overnight stay away from home.
(h) “School nurse” means an individual employed by the local education agency who is a currently licensed registered nurse and is credentialed pursuant to Education Code section 44877.
NOTE
Authority cited: Sections 33031 and 49423.6, Education Code. Reference: Sections 44877, 49423 and 49423.6, Education Code.
HISTORY
1. New section filed 11-20-2003; operative 11-20-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 47).
§602. Written Statement of Authorized Health Care Provider.
Note • History
(a) A local education agency may establish specifications for the authorized health care provider's written statement in order to ensure that:
(1) The pupil is clearly identified;
(2) The medication is clearly identified;
(3) The dosage is clearly specified;
(4) The period of time during which the medication is to be taken is clearly specified; and
(5) Other information is obtained that is relevant to administering the medication to the pupil or otherwise assisting the pupil in administration of the medication.
(b) A pupil's parent or legal guardian may deliver the authorized health care provider's written statement to an authorized representative of the local education agency, such as the schoolsite administrator or his or her designee.
(c) A local education agency may require that an amended or new written statement be provided annually and whenever there is a change in the pupil's authorized health care provider, or a change in the medication, dosage, method by which the medication is required to be taken, or date(s) or time(s) the medication is required to be taken.
NOTE
Authority cited: Sections 33031 and 49423.6, Education Code. Reference: Sections 49423 and 49423.6, Education Code.
HISTORY
1. New section filed 11-20-2003; operative 11-20-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 47).
§603. Written Statement of the Parent or Legal Guardian.
Note • History
(a) A local education agency may establish specifications for the written statement of the pupil's parent or legal guardian in order to ensure that:
(1) The pupil is clearly identified.
(2) Permission is obtained for an authorized representative of the local education agency to communicate directly with the pupil's authorized health care provider, as may be necessary, regarding the authorized health care provider's written statement.
(3) The parent or legal guardian understands what employees of the local education agency will do to administer the medication to the pupil or otherwise assist the pupil in the administration of the medication.
(4) The parent or legal guardian understands his or her responsibilities to enable employees of the local education agency to administer the medication to the pupil or otherwise assist the pupil in administration of the medication, e.g., to ensure that a current authorized health care provider's written statement has been delivered to an authorized representative of the local education agency, or to ensure that the medication is delivered to the schoolsite in a proper container by an individual legally authorized to be in possession of the medication.
(5) The parent or legal guardian understands how he or she may terminate consent for administration of the medication to the pupil or otherwise assisting the pupil in the administration of the medication.
(b) A local education agency may provide reasonable accommodations to a parent or legal guardian who has insufficient English language proficiency to produce a written statement without assistance or who has a disability that makes it difficult to produce a written statement.
NOTE
Authority cited: Sections 33031 and 49423.6, Education Code. Reference: Sections 49423 and 49423.6, Education Code.
HISTORY
1. New section filed 11-20-2003; operative 11-20-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 47).
§604. Administration of Medication to Pupils or Otherwise Assisting Pupils in the Administration of Medication.
Note • History
(a) A school nurse may administer medication to a pupil or otherwise assist a pupil in the administration of medication as allowed by law and in keeping with applicable standards of professional practice.
(b) Other designated school personnel may administer medication to pupils or otherwise assist pupils in the administration of medication as allowed by law and, if they are licensed health care professionals, in keeping with applicable standards of professional practice for their license.
(c) The pupil's parent or legal guardian may administer medication to the pupil or otherwise assist the pupil in the administration of medication as allowed by law.
(d) An individual designated to do so by the parent or legal guardian may administer medication to the pupil or otherwise assist the pupil in the administration of medication as allowed by law. A local education agency may establish rules governing the designation of an individual by a parent or legal guardian in order to ensure that:
(1) The individual is clearly identified;
(2) The individual is willing to accept the designation;
(3) The individual being designated is permitted to be present on the school site;
(4) Any limitations on the individual's authority in his or her capacity as designee are clearly established; and
(5) The individual's service as a designee would not be inconsistent or in conflict with his or her employment responsibilities, if the individual being designated is employed by the local education agency.
NOTE
Authority cited: Sections 33031 and 49423.6, Education Code. Reference: Sections 49423 and 49423.6, Education Code.
HISTORY
1. New section filed 11-20-2003; operative 11-20-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 47).
§605. Self-Administration of Medication.
Note • History
With the approval of the pupil's authorized health care provider and the approval of the pupil's parent or legal guardian, a local education agency may allow a pupil to carry medication and to self-administer the medication. A local education agency may establish rules governing self-administration in order to protect the health and safety both of the pupil and of the whole student body and staff at the schoolsite. Through such rules, a local education agency may describe circumstances under which self-administration may be prohibited.
NOTE
Authority cited: Sections 33031 and 49423.6, Education Code. Reference: Sections 49423 and 49423.6, Education Code.
HISTORY
1. New section filed 11-20-2003; operative 11-20-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 47).
§606. Delivery and Storage of Medication.
Note • History
A local education agency may establish policies governing the delivery of medication to the schoolsite (other than medication a pupil is allowed to carry for purposes of self-administration), as well as the storage of medication in a manner that is secure and maintains the medication's effectiveness.
NOTE
Authority cited: Sections 33031 and 49423.6, Education Code. Reference: Sections 49423 and 49423.6, Education Code.
HISTORY
1. New section filed 11-20-2003; operative 11-20-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 47).
Note • History
A local education agency may establish policies regarding documentation of the administration of medication to pupils or otherwise assisting pupils in the administration of medication to ensure that:
(a) Pupil confidentiality is appropriately maintained;
(b) A medication record is maintained for each pupil to whom medication is administered or other assistance is provided in the administration of medication; and
(c) An appropriate record is kept of pupils who are allowed to carry and self-administer medication.
NOTE
Authority cited: Sections 33031 and 49423.6, Education Code. Reference: Sections 49423 and 49423.6, Education Code.
HISTORY
1. New section filed 11-20-2003; operative 11-20-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 47).
§608. Deviation from Authorized Health Care Provider's Written Statement.
Note • History
A local education agency may establish policies regarding any material or significant deviation from the authorized health care provider's written statement in order to ensure that, as quickly as possible upon discovery, appropriate notification of the deviation is made:
(a) In accordance with applicable standards of professional practice, if the discovery is made by a licensed health care professional; or
(b) To the schoolsite administrator, the pupil's parent or legal guardian, an employee of the local education agency who is a licensed health care professional (if any), and the pupil's authorized health care provider, if the discovery is made by an individual who is not a licensed health care professional.
NOTE
Authority cited: Sections 33031 and 49423.6, Education Code. Reference: Sections 49423 and 49423.6, Education Code.
HISTORY
1. New section filed 11-20-2003; operative 11-20-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 47).
§609. Unused, Discontinued and Outdated Medication.
Note • History
A local education agency may establish policies regarding unused, discontinued, and outdated medication in order to ensure that:
(a) Such medication is returned to the pupil's parent or legal guardian where possible;
(b) Such medication that cannot be returned to the pupil's parent or legal guardian is disposed of by the end of the school year in accordance with applicable law.
NOTE
Authority cited: Sections 33031 and 49423.6, Education Code. Reference: Sections 49423 and 49423.6, Education Code.
HISTORY
1. New section filed 11-20-2003; operative 11-20-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 47).
§610. Applicability of this Article.
Note • History
Nothing in this article may be interpreted as creating a state-mandated local program or as affecting in any way:
(a) The statutes, regulations, or standards of practice governing any health care professional licensed by the State of California in the carrying out of activities authorized by the license;
(b) The statutes or regulations governing the administration of medication to pupils or otherwise assisting pupils in the administration of medication by individuals who are not licensed health care professionals, other than Section 49423 and subdivision (b) of Section 49423.6 of the Education Code;
(c) The use of emergency epinephrine auto-injectors pursuant to Section 49414 of the Education Code;
(d) The content or implementation of a pupil's individualized education program prepared in accordance with applicable provisions of federal and state law, or a pupil's Section 504 Accommodation Plan prepared in accordance with applicable provisions of the federal Rehabilitation Act of 1973.
NOTE
Authority cited: Sections 33031 and 49423.6, Education Code. Reference: Sections 49414, 49423 and 49423.6, and Part 30 (commencing with Section 56000) of Division 4 of Title 2, Education Code.
HISTORY
1. New section filed 11-20-2003; operative 11-20-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 47).
§611. Issuance and Periodic Updating of Advisory.
Note • History
The California Department of Education, with the approval of the State Board of Education, may issue and periodically update an advisory providing non-binding guidance on the administration of medication to pupils and otherwise assisting pupils in the administration of medication. The advisory shall be a program guideline under Education Code section 33308.5, and shall meet the requirements of Education Code section 33308.5 (including the written notification that the guideline is merely exemplary and that compliance with the guideline is not mandatory).
NOTE
Authority cited: Sections 33031 and 49423.6, Education Code. Reference: Sections 33308.5, 49423 and 49423.6, Education Code.
HISTORY
1. New section filed 11-20-2003; operative 11-20-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 47).
Article 4.5. Administration of Emergency Anti-Seizure Medication by Trained Volunteer Nonmedical School Personnel
Note • History
This Article includes guidelines for training and supervision of volunteer nonmedical employees of those school districts, county offices of education and charter schools that elect to participate in a program of providing, in the absence of a credentialed school nurse or other licensed nurse, emergency medical assistance to pupils with epilepsy suffering from seizures, including administration of emergency antiseizure medication.
NOTE
Authority cited: Sections 33031 and 49414.7, Education Code. Reference: Section 49414.7, Education Code.
HISTORY
1. New article 4.5 (sections 620-627) and section filed 3-26-2012 as an emergency; operative 3-26-2012 (Register 2012, No. 13). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
2. New article 4.5 (sections 620-627) and section refiled 9-27-2012 as an emergency; operative 9-27-2012 (Register 2012, No. 39). A Certificate of Compliance must be transmitted to OAL by 12-26-2012 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 9-27-2012 order, including amendment of section, transmitted to OAL 9-20-2012 and filed 10-31-2012 (Register 2012, No. 44).
Note • History
As used in this Article, the following definitions apply:
(a) An “emergency anti-seizure medication” means diazepam rectal gel and emergency medications approved by the federal Food and Drug Administration (FDA), prescribed for patients with epilepsy for the management of seizures by persons without the credentials listed in section 622 below.
(b) “Emergency medical assistance” means the administration of an emergency anti-seizure medication to a pupil suffering from an epileptic seizure.
(c) “Nonmedical school personnel” or “nonmedical school employees” means employees of a school district, county office of education or charter school who do not possess the licenses listed in section 622 below.
(d) “Supervision” means review, observation, and/or instruction of a designated nonmedical school employee's performance, but does not necessarily require the immediate presence of the supervisor at all times.
NOTE
Authority cited: Sections 33031 and 49414.7, Education Code. Reference: Section 49414.7, Education Code.
HISTORY
1. New section filed 3-26-2012 as an emergency; operative 3-26-2012 (Register 2012, No. 13). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 9-27-2012 as an emergency; operative 9-27-2012 (Register 2012, No. 39). A Certificate of Compliance must be transmitted to OAL by 12-26-2012 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 9-27-2012 order, including repealer of subsection (d) and subsection relettering, transmitted to OAL 9-20-2012 and filed 10-31-2012 (Register 2012, No. 44).
§622. Individuals Authorized To Train and Supervise Volunteer Nonmedical School Personnel To Administer Emergency Medical Assistance to Pupils with Epilepsy Suffering from Seizures.
Note • History
One or more of the following licensed health care professionals shall provide the training and supervision:
(a) A physician and surgeon;
(b) A physician assistant;
(c) A credentialed school nurse;
(d) A registered nurse; or
(e) A certificated public health nurse.
NOTE
Authority cited: Sections 33031 and 49414.7, Education Code. Reference: Section 49414.7, Education Code.
HISTORY
1. New section filed 3-26-2012 as an emergency; operative 3-26-2012 (Register 2012, No. 13). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 9-27-2012 as an emergency; operative 9-27-2012 (Register 2012, No. 39). A Certificate of Compliance must be transmitted to OAL by 12-26-2012 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 9-27-2012 order transmitted to OAL 9-20-2012 and filed 10-31-2012 (Register 2012, No. 44).
Note • History
The training provided by a licensed health care professional shall include, but not be limited to, all of the following:
(a) Recognition and treatment of different types of seizures;
(b) Administration of an emergency anti-seizure medication;
(c) Basic emergency follow-up procedures, including, but not limited to, a requirement for the school or charter school administrator or, if the administrator is not available, another school staff member to call the emergency 911 telephone number and to contact the pupil's parent or guardian. The requirement for the school or charter school administrator or other school staff member to call the emergency 911 telephone number shall not require a pupil to be transported to an emergency room;
(d) Techniques and procedures to ensure pupil privacy;
(e) Record-keeping and record retention, including documenting, for each actual administration of an emergency anti-seizure medication, the pupil's name, the name of the medication administered, the dose given, the date and time of administration, the length of the seizure, and observation and action taken after the seizure;
(f) Informing the volunteer that:
(1) his or her agreement to administer an emergency anti-seizure medication is voluntary;
(2) he or she must complete the required training;
(3) he or she will not administer an emergency anti-seizure medication until he or she has completed the required training and documentation of completion is recorded in his or her personnel file;
(4) he or she may rescind his or her offer to administer an emergency anti-seizure medication up to three days after completion of the training;
(5) after three days after completion of the training, he or she may rescind his or her offer to administer an emergency anti-seizure medication with a two-week notice, or until a new individual health plan or Section 504 plan has been developed for an affected pupil, whichever is less;
(6) he or she will be provided defense and indemnification by the school district, county office of education, or charter school for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with section 810) of Title 1 of the Government Code;
(7) he or she will be compensated in accordance with his or her pay scale pursuant to Education Code section 45128, when the administration of an emergency anti-seizure medication and subsequent monitoring of a pupil requires a volunteer to work beyond his or her normally scheduled hours;
(8) if he or she has not administered an emergency anti-seizure medication within the past two years and if there is a pupil enrolled in the school who may need the administration of an emergency anti-seizure medication, the volunteer must be re-trained in order to retain the ability to administer an emergency anti-seizure medication; and
(9) he or she must report every administration of anti-seizure medication to the school or charter school administrator and each report shall be documented.
(10) any agreement by an employee to administer an emergency antiseizure medication is voluntary, and an employee of the school or charter school or an employee of the school district or county office of education, or the charter school administrator, shall not directly or indirectly use or attempt to use his or her authority or influence for the purpose of intimidating, threatening, coercing, or attempting to intimidate, threaten, or coerce any staff member who does not choose to volunteer, including, but not limited to, direct contact with the employee.
(11) the electronic notice described in Education Code section 49414.7(g)(4) shall be the only means by which a school or charter school solicits volunteers.
NOTE
Authority cited: Sections 33031 and 49414.7, Education Code. Reference: Section 49414.7, Education Code.
HISTORY
1. New section filed 3-26-2012 as an emergency; operative 3-26-2012 (Register 2012, No. 13). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 9-27-2012 as an emergency; operative 9-27-2012 (Register 2012, No. 39). A Certificate of Compliance must be transmitted to OAL by 12-26-2012 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 9-27-2012 order, including amendment of subsection (f)(9) and new subsections (f)(10)-(11), transmitted to OAL 9-20-2012 and filed 10-31-2012 (Register 2012, No. 44).
Note • History
The training by a licensed health care professional must be provided in accordance with:
(a) The emergency anti-seizure medication manufacturer's instructions,
(b) The pupil's health care provider's instructions as specified in section 626(a)(3); and
(c) Guidelines established within this Article.
NOTE
Authority cited: Sections 33031 and 49414.7, Education Code. Reference: Section 49414.7, Education Code.
HISTORY
1. New section filed 3-26-2012 as an emergency; operative 3-26-2012 (Register 2012, No. 13). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 9-27-2012 as an emergency; operative 9-27-2012 (Register 2012, No. 39). A Certificate of Compliance must be transmitted to OAL by 12-26-2012 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 9-27-2012 order, including amendment of subsection (b), transmitted to OAL 9-20-2012 and filed 10-31-2012 (Register 2012, No. 44).
Note • History
(a) If a school district, county office of education, or charter school elects to participate in a program described in this Article, training of a volunteer nonmedical school employee shall occur when:
(1) a pupil with epilepsy has been prescribed an emergency anti-seizure medication by his or her health care provider, and
(2) the parent or guardian of the pupil with epilepsy has requested that one or more volunteer nonmedical school employees be trained in the administration of an emergency anti-seizure medication in the event that the pupil suffers a seizure when the nurse is not available, and
(3) a volunteer nonmedical school employee has volunteered to be trained.
(b) A volunteer nonmedical school employee who has previously completed training shall attend a re-training program if:
(1) he or she has not administered an emergency anti-seizure medication within the prior two years;
(2) a pupil with epilepsy has been prescribed an emergency anti-seizure medication by his or her health care provider; and
(3) the parent or guardian of the pupil with epilepsy has requested that one or more volunteer nonmedical school employees be trained in the administration of an emergency anti-seizure medication in the event that the pupil suffers a seizure when the nurse is not available.
NOTE
Authority cited: Sections 33031 and 49414.7, Education Code. Reference: Section 49414.7, Education Code.
HISTORY
1. New section filed 3-26-2012 as an emergency; operative 3-26-2012 (Register 2012, No. 13). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 9-27-2012 as an emergency; operative 9-27-2012 (Register 2012, No. 39). A Certificate of Compliance must be transmitted to OAL by 12-26-2012 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 9-27-2012 order, including repealer of section and new section, transmitted to OAL 9-20-2012 and filed 10-31-2012 (Register 2012, No. 44).
§626. When Emergency Medical Assistance by Trained Volunteer Nonmedical School Personnel Should Be Provided.
Note • History
(a) If a school district, county office of education, or charter school elects to participate in the program described in this Article, emergency medical assistance shall be provided by a volunteer nonmedical school employee when:
(1) A pupil with epilepsy has been prescribed an emergency anti-seizure medication by his or her health care provider;
(2) The parent or guardian of the pupil with epilepsy has provided written authorization for a volunteer nonmedical school employee to administer an emergency anti-seizure medication; and
(3) The school has on file a written statement from the pupil's authorized health care provider, provided by the parent, that shall include, but not be limited to, all of the following:
(A) The pupil's name;
(B) The name and purpose of the prescribed emergency anti-seizure medication approved by the federal Food and Drug Administration (FDA) for administration by non-licensed personnel;
(C) The prescribed dosage;
(D) Detailed seizure symptoms, including frequency, type, or length of seizures that identify when the administration of an emergency anti-seizure medication becomes necessary;
(E) The method of administration;
(F) The frequency with which the medication may be administered;
(G) The circumstances under which the medication may be administered;
(H) Any potential adverse responses by the pupil and recommended mitigation actions, including when to call emergency services;
(I) A protocol for observing the pupil after a seizure, including, but not limited to, whether the pupil should rest in the school office, whether the pupil may return to class, and the length of time the pupil should be under direct observation; and
(J) A statement that following a seizure, the pupil's parent/guardian and the school nurse, if a credentialed nurse is assigned to the school district, county office of education, or charter school, shall be contacted by the school or charter school administrator or, if the administrator is not available, by another school staff member to continue the observation plan as established in section 626(a)(3)(I).
(4) The parent has provided all materials necessary to administer an emergency anti-seizure medication;
(5) The volunteer nonmedical school employee has completed training in the administration of an emergency anti-seizure medication approved by the FDA for administration by non-licensed personnel and documentation of completion has been recorded in his or her personnel file;
(6) The pupil is suffering from an epileptic seizure; and
(7) A credentialed school nurse or licensed vocational nurse is not available.
NOTE
Authority cited: Sections 33031 and 49414.7, Education Code. Reference: Section 49414.7, Education Code.
HISTORY
1. New section filed 3-26-2012 as an emergency; operative 3-26-2012 (Register 2012, No. 13). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 9-27-2012 as an emergency; operative 9-27-2012 (Register 2012, No. 39). A Certificate of Compliance must be transmitted to OAL by 12-26-2012 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 9-27-2012 order, including amendment of subsections (a)(2) and (a)(5), transmitted to OAL 9-20-2012 and filed 10-31-2012 (Register 2012, No. 44).
§627. Supervision of Trained Volunteer Nonmedical School Personnel in Administration of Emergency Medical Assistance, Including the Administration of Emergency Anti-Seizure Medication, to Pupils with Epilepsy Suffering from Seizures.
Note • History
(a) If a school district, county office of education, or charter school elects to participate in the program described in this Article, the licensed health care professional supervising a volunteer nonmedical school employee shall ensure all of the following:
(1) The volunteer nonmedical school employee has completed the required training;
(2) The volunteer nonmedical school employee does not administer an emergency anti-seizure medication until he or she has completed the required training and documentation of completion is recorded in his or her personnel file;
(3) Volunteer nonmedical school employees have ready access to records including identification of eligible pupils, written authorization from the parent, the pupil's health care provider's written instructions, and parent notification to the school that the pupil has been administered an emergency anti-seizure medication within the past four hours on a regular school day;
(4) Volunteer nonmedical school employees report every administration of emergency anti-seizure medication to the school or charter school administrator;
(5) Volunteer nonmedical school employees document the actual administration of emergency anti-seizure medication, including the pupil's name, the name of the medication administered, the dose given, the date and time of administration, the length of the seizure, and observation and action taken after the seizure; and
(6) Volunteer nonmedical school employees review any changes in the pupil's health care provider's instructions with the supervising licensed health care professional.
NOTE
Authority cited: Sections 33031 and 49414.7, Education Code. Reference: Section 49414.7, Education Code.
HISTORY
1. New section filed 3-26-2012 as an emergency; operative 3-26-2012 (Register 2012, No. 13). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 9-27-2012 as an emergency; operative 9-27-2012 (Register 2012, No. 39). A Certificate of Compliance must be transmitted to OAL by 12-26-2012 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 9-27-2012 order, including amendment of subsections (a)(4)-(5) and new subsection (a)(6), transmitted to OAL 9-20-2012 and filed 10-31-2012 (Register 2012, No. 44).
Article 5. School Environment for Pupils
§630. Condition of School Premises.
Note • History
Governing boards, superintendents, principals, and teachers are responsible for the sanitary, neat, and clean condition of the school premises and freedom of the premises from conditions that would create a fire or life hazard.
NOTE
Authority cited for Article 5: Section 33031, Education Code.
HISTORY
1. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39). For prior history, see Register 76, No. 9.
Adequate separate toilet facilities shall be maintained for each sex, and all buildings and grounds shall be maintained according to the regulations of the Board of Health having jurisdiction over the school district.
History
The governing board shall neither purchase nor accept any school crossing sign (except hand signs to be carried by adult crossing guards and hand signs described in Section 575 to be carried by school safety patrols), unless it conforms to the requirements of the Traffic Manual issued by the California Department of Transportation.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Article 6. Pupil Fingerprinting Program
Note • History
(a) “Private funding,” as used in Education Code Section 32390(a), means fund-raising activities by the school district or private persons or entities, or any other form of accepting donated funds.
(b) “Volunteer assistance,” as used in Education Code Section 32390(a), means the voluntary contribution, without charge to the school district, of materials, equipment, or personal time, special knowledge or skill.
NOTE
Authority cited: Section 32390(a), Education Code. Reference: Section 32390(a), Education Code.
HISTORY
1. New section filed 10-8-86; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 86, No. 46).
Note • History
In providing fingerprint services, school districts shall comply with the following standards:
(a) The standard California Department of Justice (DOJ) 8” x 8” personal identification fingerprint form (BID-8) may be used. Other fingerprint forms may be used that are of the card stock, size and format of form BID-8, as specified by the DOJ.
(b) Fingerprint equipment used shall provide for a permanent black finger print impression. Standard fingerprinting ink or inkless equipment shall be used which meet standards specified by the DOJ.
(c) Those specifications referred to in subdivisions (a) and (b) may be obtained from the DOJ, Bureau of Criminal Identification, P.O. Box 903417, Sacramento, California 94203-4170.
(d) A full set of fingerprints shall be taken that includes the ten rolled impressions and the two flat impressions. A notation shall be made on the fingerprint form when fingers are amputated, bandaged or deformed.
(e) A person trained in the taking of fingerprints shall perform the fingerprint process, or if an untrained person is used, a trained person shall inspect each set of fingerprint impressions for quality. A person is deemed to be trained in the taking of fingerprints if he or she has completed a course of instruction in the taking of fingerprints from a law enforcement agency, or a public or private college or university, or from a person who has successfully completed a course of instruction in the taking of fingerprints from a law enforcement agency, or a public or private college or university.
NOTE
Authority cited: Section 32390, Education Code. Reference: Section 32390, Education Code.
HISTORY
1. New section filed 10-8-86; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 86, No. 46).
2. Change without regulatory effect amending subsections (a)-(c) and Note filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
Article 7. Safe Schools Assessment Program
Note • History
(a) “Aggregated data,” means the information contained on all of the completed California Safe Schools Assessment School Crime and Incident Reporting Forms (July 1, 2001) collected during each reporting period by the school district or county office of education from each school, program, or camp within the jurisdiction of the superintendent of the respective school district or county office of education.
(b) Crime classifications
(1) Arson
“Arson” means the willful and malicious setting fire to or burning any structure or property, regardless of the value of the property. Arson does not include one burning his or her own property, unless there is injury to another person or another person's property. Reporting for the purposes of the Safe Schools Assessment Program shall be limited to incidents of arson that result in an economic loss of $100 or more to an individual, the school district or county office of education.
(2) Assault with a deadly weapon
“Assault with a deadly weapon” means the use of a firearm, deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury. A deadly weapon can be a firearm; stun gun or taser; bows and arrows; knives or other cutting instruments; clubs; bottles; explosives; and body parts, such as teeth, hands, fists, and feet used with force likely to produce great bodily injury.
(3) Battery
“Battery” means the willful and unlawful use of force or violence upon the person of another.
(4) Burglary
“Burglary” means any entry with the intent to commit a theft or any felony, even though force may not have been used to gain entry.
(5) Destructive devices
“Destructive devices” means the use of any of the following for criminal purposes:
(A) Projectile containing any explosive or incendiary material or any chemical substance, bomb, facsimile bomb, grenade, explosive missile or similar device or any launching device.
(B) Weapon of a caliber greater than 0.60 caliber which fires fixed ammunition or any ammunition other than a shotgun.
(C) Rocket, rocket propelled projectile, or any similar device of diameter greater than 0.60 inches or launching device.
(D) Breakable container which contains a flammable liquid with a flashpoint of 150 degrees Fahrenheit or less and has a wick or similar device capable of being ignited, other than a device which is commercially manufactured primarily for the purpose of illumination.
(E) Sealed device containing dry ice (CO 2) or other chemically reactive substances assembled for the purpose of causing an explosion by a chemical reaction.
Included in this category also are written or oral threats to use destructive devices. Devices such as snappers or poppers, firecrackers, and fireworks shall not be reported.
(6) Drug and alcohol offenses
“Drug and alcohol offenses” means the possession, use, sale, or furnishing of any drug, intoxicating liquor, controlled substance, or toluene, as well as drug paraphernalia, that is prohibited by law.
(7) Explosive devices
“Explosive devices” means any substance, or combination of substances, the primary or common purpose of which is detonation or rapid combustion with criminal intent. Explosives include, but are not limited to:
(A) Dynamite, nitroglycerin, black powder, propellant explosives, detonating primers, blasting caps or commercial boosters.
(B) Substances determined to be class A and class B explosives by the United States Department of Transportation.
(C) Nitro carbo nitrate substances (blasting agent) as classified by the United States Department of Transportation.
(D) Any material designated as an explosive by the State Fire Marshal.
(E) Certain class C explosives designated by the United States Department of Transportation when listed in regulations adopted by the State Fire Marshal.
Included in this category also are written or oral threats to use explosive devices. Devices such as snappers or poppers, firecrackers, and fireworks shall not be reported.
(8) Graffiti
“Graffiti” means any form of unauthorized painting, writing, or inscription on the property of a school district or county office of education, regardless of the content or nature of the material used in the commission of the act. Reporting for the purposes of the Safe Schools Assessment Program shall be limited to incidents of graffiti that result in an economic loss of $100 or more to an individual, the school district or county office of education.
(9) Hate Crime
“Hate crime” means an act or attempted act against the person or property of another individual or institution which in any way manifests evidence of hostility toward the victim because of his or her actual or perceived race, religion, disability, gender, nationality, or sexual orientation. This includes, but is not limited to, threatening telephone calls, hate mail, physical assault, vandalism, cross burning, destruction of religious symbols, or fire bombings. This paragraph shall include those threats or hate mail sent by electronic communication.
(10) Homicide
“Homicide” means the unlawful killing of a person by another person.
(11) Loitering or trespassing
(A) “Loitering” means to delay, to linger, or to idle about any school location without lawful business for being present.
(B) “Trespassing” means the entering of school grounds during school hours without registering with the site or program administrator, as required by law, and remaining after being asked to leave, or returning to the school grounds within thirty days of being asked to leave or within seven days if the person is a parent or guardian of a student attending the school.
(12) Possession of weapons
“Possession of weapons” means the unauthorized possession of dangerous weapons, which include, but are not limited to, fire arms or knives.
(13) Robbery/extortion
(A) “Robbery” means the taking of personal property in possession of another, from his person or immediate presence, and against his will, accomplished by force or fear.
(B) “Extortion” means the taking of property from another person without their consent. Extortion is induced by a threat of force or wrongful use of fear. Extortion may occur over a period of time. Included in this category are written or oral threats to take property.
(14) Sex offenses
“Sex offenses” mean sexual battery, rape, statutory rape, sodomy, lewd and lascivious conduct with children, oral copulation, and child molestation.
(15) Theft
“Theft” (larceny) means the taking, leading, driving, or carrying away of property (including motor vehicles) belonging to another with the intent to deprive the rightful owner of its use, regardless of the value of the property. Reporting for the purposes of the Safe Schools Assessment Program shall be limited to incidents of theft that result in an economic loss of $50 or more to the individual, school district, or county office of education.
(16) Vandalism
“Vandalism” (to school, student, or employee property on school location) means the malicious defacing, damaging, or destroying of property. Reporting for the purposes of the Safe Schools Assessment Program shall be limited to incidents of vandalism that result in an economic loss of $100 or more to the individual, school district, or county office of education.
(c) “Economic loss” means (except in the case of arson) the gross dollar loss as a result of a crime committed against the property of an individual, school district or county office of education before any insurance claim payments, restitution by students, or restitution by parents or guardians. In the case of arson, “economic loss” means the estimated cost of the economic loss to the individual, school district or county office incurred as a result of the arson.
(d) “Hate motivated incident” means an act or attempted act which constitutes an expression of hostility against a person or property or institution because of the victim's real or perceived race, religion, disability, gender, nationality, or sexual orientation. A hate motivated incident can be using bigoted insults, taunts, or slurs; distributing or posting hate group literature or posters; defacing, removing, or destroying posted materials or announcements; or posting or circulating demeaning jokes or leaflets. This subsection shall include those expressions of hostility sent by electronic communication.
(e) “Intentionally misleading data” means data that the school district or county office of education superintendent intentionally withheld that clearly should have been reported, or data submitted that was known or reasonably should have been known to be misleading or false.
(f) “Location” means the places where, and the times when, school personnel have supervisory responsibility for pupils, that include the following:
(1) On campus, including before or after school, and during lunch and recess.
(2) On a school bus, to or from school, or to or from a school-sponsored activity.
(3) Off campus during lunch or at a school-sponsored activity.
(4) On the way directly to and from school or at a school-sponsored activity.
(g) “Non-student” means a person, regardless of age, not enrolled in the school or program reporting the crime, including hate crime or hate motivated incident.
(h) “Reportable crime” means an act that (1) is a violation of an existing criminal statute, (2) involves school activities or school-sponsored activities conducted by school districts or county offices of education, and (3) is reportable to local law enforcement as a crime, including hate crime, whether or not a crime report is filed with the local law enforcement. The reportable crime classifications are described above in subsection (b).
(i) “Reportable hate motivated incident” means an act or attempted act that (1) is a violation of an existing civil rights statute, and (2) involves school activities or school-sponsored activities conducted by school districts or county offices of education. The reportable hate motivated incident classification is described above in subsection (d).
(j) “Safe schools assessment” means the reporting of crime, including hate crime and hate motivated incidents, committed at a location, as defined above in subsection (f).
(k) “School bus” means a bus that is owned or leased by the school district or county office of education for the purpose of transporting students or staff members to or from school or school-sponsored activities.
(l) “Site or program administrator” means the school or program site person who has responsibility for compiling the school crime and hate motivated incident data and reporting the crime and incident data to the respective school district or county office of education superintendent. The site or program administrator can be, but is not limited to, school site principals, vice principals, counselors, and coordinators or directors of county-operated programs.
(m) “Student” means a person enrolled in the school or program reporting the crime or incident.
(n) “Suspect” means a person reasonably suspected of having committed the crime or incident.
(o) “Victim,” as it relates to crimes against persons, including hate crimes and hate motivated incidents, means a person against whom a crime or incident was committed.
NOTE
Authority cited: Section 33031, Education Code; and Section 628.1, Penal Code. Reference: Section 25608, Business and Professions Code; Sections 44807 and 48900, Education Code; Sections 11014.5, 11018, 11054-11058, 11351, 11357, 11359, 11360, 11364, 11364.7, 11550, 11680, 11681 and 12000, Health and Safety Code; and Sections 71, 148.1, 187, 192, 211, 212, 242, 243.2, 243.4, 244.5, 245, 245.5, 261, 261.5, 286, 288, 288a, 308(b), 380, 381, 417, 417.4, 451, 452, 459, 484, 487, 488, 518, 519, 594, 626.7-626.9, 628-628.6, 640.5, 647(f), 647.6, 653(g), 12020, 12220, 12301(a), 12403.7(d) and 12403.8, Penal Code.
HISTORY
1. New subchapter 3, article 7 and section filed 9-13-95 as an emergency; operative 9-13-95 (Register 95, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-11-96 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction deleting duplicative subchapter 3 heading (Register 96, No. 7).
3. Certificate of Compliance as to 9-13-95 order including amendment of subsections (b)(1), (b)(5), (b)(7), (b)(14), renumbering of (b)(16) to (b)(15), and amendment of subsection (h) transmitted to OAL 1-4-96 and filed 2-13-96 (Register 96, No. 7).
4. Amendment of subsections (a), (b)(10)(B), and (b)(13) and amendment of Note filed 8-4-98; operative 8-4-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 32).
5. Amendment filed 8-1-2001; operative 8-1-2001 pursuant to Government Code Section 11343.4 (Register 2001, No. 31).
§701. School Crime and Incident Reporting Procedures.
Note • History
(a) All school district superintendents and county office of education superintendents who operate educational programs are required to submit to the California Department of Education safe school assessment reports that contain specific numerical data on the incidents of crime, including hate crimes or hate motivated incidents, occurring on their respective school campuses. Each school district or county office of education shall utilize the following procedure to report crime and hate motivated incident data from school or program sites to the respective school district or county office of education superintendent, and to the California Department of Education:
(1) Each administrator of a school site or county office of education program, or designee, shall complete a California Safe Schools Assessment School Crime and Incident Reporting Form (July 1, 2001) for each incident of crime, including hate crime or hate motivated incidents. The information on the form includes, but is not limited to, identification of the crime or hate motivated incident, victim characteristics, suspect characteristics, if known at the time of the incident, and the actual or estimated dollar loss to the school district or county office of education resulting from a criminal act directed against property of the school district or county office of education. The site or program administrator shall use the crime and hate motivated incident classification definitions as specified above in Section 700(b) and (d) and the reporting guidelines as specified below in Section 702(a) to determine if a crime or an incident is reportable for the purposes of the Safe Schools Assessment Program.
(2) The site or program administrator, or designee, shall retain on file for not less than three years the individual reports of crimes and hate moviated incidents on which the aggregate data is based, and any other required documentation, as specified below in Section 702(b).
(3) Each month the data regarding reportable school crimes and hate motivated incidents shall be reported to the designated person at the respective school district or county office of education.
(4) Any school district that has its own police department may have the chief of its police force or other administrator of the police department prepare the California Safe Schools Assessment School Crime and Incident Reporting Form (July 1, 2001) for its schools and submit the aggregated data to the California Department of Education.
(5) On or before February 1 and August 1 of each year, the respective school district or county office of education superintendent, or designee, shall aggregate the school crime and hate motivated incident data reported by schools or programs within their jurisdiction and report the aggregated data to the California Department of Education.
(6) Beginning February 1, 1997 and thereafter, if a school district or county office of education chooses to submit its data to the California Department of Education in an electronic format, it must do so in a format designated by the California Department of Education. For the purposes of this section, an electronic format includes, computer disk, modem transfer, or other electronic means.
(b) Reportable crimes and hate motivated incidents occurring at a school in the jurisdiction of another school district or county office of education shall be reported by the education agency in which the crime or hate motivated incident occurred.
NOTE
Authority cited: Section 33031, Education Code; and Section 628.1, Penal Code. Reference: Section 48902, Education Code; and Sections 628-628.6, Penal Code.
HISTORY
1. New section filed 9-13-95 as an emergency; operative 9-13-95 (Register 95, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-11-96 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-13-95 order transmitted to OAL 1-4-96 and filed 2-13-96 (Register 96, No. 7).
3. Amendment of subsections (a)(1) and (a)(4) filed 8-4-98; operative 8-4-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 32).
4. Amendment of section heading and section filed 8-1-2001; operative 8-1-2001 pursuant to Government Code Section 11343.4 (Register 2001, No. 31).
§702. Guidelines for Reporting and Required Documentation.
Note • History
Site or program administrators and school district and county office of education superintendents shall use (1) crime and hate motivated incident classifications based on existing statutes, as specified above in Section 700(b) and (d), (2) reporting guidelines as specified in subsection (a) below, and (3) guidelines for required documentation as specified in subsection (b) below to complete the reporting procedures as specified above in Section 701.
(a) Reporting guidelines
The site or program administrator or designee shall report a crime or hate motivated incident when it has been determined that a reportable crime or hate motivated incident, as specified above in Section 700(b) and (d), has been committed on a school location, as specified above in Section 700(f). If more than one crime or hate motivated incident is committed during an occurrence, the most serious crime or incident in the judgment of the site or program administrator or designee shall be reported. The suspect(s) need not be apprehended for a crime or hate motivated incident to be reportable. The site or program administrator or designee may consult with local law enforcement to confirm that the occurrences reported on the forms are crimes or hate motivated incidents as defined in statute.
(b) Required documentation
The school district or county office of education superintendent responsible for reporting school crime and hate motivated incident data shall make available, for not less than three years from the date the report was submitted, supporting data which verifies information contained on the California Safe Schools Assessment School Crime and Incident Reporting Form (July 1, 2001). Such data shall include, but not be limited to, reports to local law enforcement officers and suspension and expulsion reports which have been reported to the respective local governing board, for the crime classifications specified in Education Code section 48915(a) through (d); and insurance claims, maintenance records, and other documents to verify economic loss, if applicable. In addition, staff should be available to participate in interviews during site visits from the California Department of Education.
NOTE
Authority cited: Section 33031, Education Code; and Section 628.1, Penal Code. Reference: Sections 628-628.6, Penal Code.
HISTORY
1. New section filed 9-13-95 as an emergency; operative 9-13-95 (Register 95, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-11-96 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-13-95 order transmitted to OAL 1-4-96 and filed 2-13-96 (Register 96, No. 7).
3. Amendment of subsection (b) filed 8-4-98; operative 8-4-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 32).
4. Amendment filed 8-1-2001; operative 8-1-2001 pursuant to Government Code Section 11343.4 (Register 2001, No. 31).
§704. Certification of Report.
Note • History
Each school district or county office of education superintendent or designee shall certify to the best of their knowledge and belief that the information in each crime and hate motivated incident reporting form is true, accurate, and complete prior to submission to the California Department of Education.
NOTE
Authority cited: Section 33031, Education Code; and Section 628.1, Penal Code. Reference: Sections 628-628.6, Penal Code.
HISTORY
1. New section filed 9-13-95 as an emergency; operative 9-13-95 (Register 95, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-11-96 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-13-95 order transmitted to OAL 1-4-96 and filed 2-13-96 (Register 96, No. 7).
3. Amendment filed 8-1-2001; operative 8-1-2001 pursuant to Government Code Section 11343.4 (Register 2001, No. 31).
§705. Failure to Submit or Intentionally Submitting Misleading Data.
Note • History
School districts or county offices of education failing to submit a report or intentionally submitting misleading data may be sanctioned by the Superintendent of Public Instruction. The sanction is withholding a dollar amount not to exceed one-half of the annual salary of the superintendent of either the reporting school district or the county office of education from the school district's or county office of education's next state funding apportionment.
NOTE
Authority cited: Section 33031, Education Code; and Section 628.1, Penal Code. Reference: Section 14044, Education Code; and Sections 628-628.6, Penal Code.
HISTORY
1. New section filed 9-13-95 as an emergency; operative 9-13-95 (Register 95, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-11-96 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-13-95 order transmitted to OAL 1-4-96 and filed 2-13-96 (Register 96, No. 7).
Subchapter 3.5. Leroy Greene Assessment of Academic Achievement
§800. General Testing Provisions.
Note • History
To be eligible for incentive funding available under the voluntary Pupil Testing Incentive Program pursuant to Education Code Section 60640(a), a school district must certify that it administered an approved test to all pupils enrolled in grades two through ten or in as many of those grades as are operated by the school district during the time specified by the State Superintendent of Public Instruction.
(a) Each pupil enrolled in the school district during the school district's testing period shall be given an achievement test of basic academic skills, including pupils in subgroups that may have been exempt from testing in the past.
(b) School districts shall make whatever arrangements are necessary to ensure that pupils in alternative education programs or programs conducted off-campus are tested including, but not limited to, pupils enrolled in the school district's continuation school, independent study, or community day school.
(c) Make-up sessions shall be scheduled to permit pupils who were not present during the initial test administration to complete the achievement test of basic academic skills.
(d) A parent or guardian may submit to the school a written request to excuse his or her child from any or all parts of the achievement test of basic academic skills. Such requests must be initiated by the parent or guardian and no school official shall solicit such a written request on behalf of any child.
(e) If a pupil would not be tested pursuant to Section 802(a), the school in which the pupil is enrolled shall test the pupil upon the written request of the pupil's parent or guardian that his or her pupil be tested with any or all parts of the achievement test of basic academic skills. Such testing must be conducted during the same testing window during which other pupils in the same grade are tested.
(f) Achievement tests of basic academic skills are to be selected from among those currently approved for use by the California State Board of Education pursuant to Education Code section 60604(d).
(g) School districts shall use more than one approved test, if necessary, to produce scores for all pupils in the required curriculum areas of reading, spelling, written expression, and mathematics.
(h) Pupils in special education programs may be tested with an achievement test of basic academic skills with necessary adaptations or accommodations including, but not limited to, large print, braille, extended time or the use of a reader or scribe. Pupils tested with adaptations or accommodations shall be counted for the $5 per-pupil tested apportionment pursuant to Education Code section 60640(a).
(i) Oral language proficiency assessments do not qualify as achievement tests of basic academic skills.
(j) School districts may administer an achievement test of basic academic skills to pupils enrolled in grades other than two through ten, but such pupils may not be counted for the $5 per-pupil tested apportionment pursuant to Education Code section 60640(a).
(k) Pursuant to Education Code section 60641(a), the State Superintendent of Public Instruction has designated that achievement tests shall be administered during the fall, or beginning of the school year, between 5 and 25 percent of the school district's instructional days, or during the spring, or end of the school year, between 70 and 90 percent of the school district's instructional days.
NOTE
Authority: Sections 33031 and 60605(g), Education Code. Reference: Sections 60603(a) and (c), 60604(a)(1), (c), and (d), 60605(b), 60640 and 60641, Education Code.
HISTORY
1. New subchapter 3.5 (section 800) and section filed 5-22-96 as an emergency; operative 5-22-96 (Register 96, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-19-96 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of subsection (b) (Register 96, No. 38).
3. New subchapter 3.5 (section 800) and section refiled 9-19-96 as an emergency; operative 9-20-96 (Register 96, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-21-97 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 97, No. 24).
5. New subchapter 3.5 (sections 800-802) and section filed 6-11-97; operative 6-11-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 24).
Note • History
For purposes of Education Code section 60641(b), school districts shall give a written report of individual pupil results to the pupil's parent or guardian no later than 40 school days following the date on which the school district received the results of the achievement testing of basic academic skills.
NOTE
Authority: Sections 33031 and 60605(g), Education Code. Reference: Section 60641(b), Education Code.
HISTORY
1. New section filed 6-11-97; operative 6-11-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 24).
Note • History
(a) To establish compliance with Education Code sections 60640 and 60641, school districts may request a waiver of the requirement under Education Code section 60640(a) that all pupils be tested from the California State Board of Education pursuant to Education Code sections 33050-33053. The California State Board of Education shall approve the waiver for one or more of the following types of pupils:
(1) Special Education pupils whose Individualized Education Programs (IEP) provide for, and the school district implements, an alternative means for determining the pupils' academic progress.
(2) Pupils who have not received at least thirty (30) months of instruction in the core curriculum, given primarily in the English language, and the school district implements an alternative means for determining the pupils' academic progress. This provision would only apply if an approved test in the pupils' primary language was not available for purchase.
(3) Pupils who entered school with no reading skills in any language and have been enrolled continuously in the school district for fewer than 180 days.
(4) Pupils who were not present during the test administration or at any required make-up sessions.
(5) Pupils in special programs other than continuation school, independent study, community day school, or those programs identified in (1), (2), or (3) of this subsection, who were not tested due to extraordinary circumstances such as home/hospital study or traveling outside the country.
(b) When the California State Board of Education approves a waiver of testing all pupils, school districts shall report the numbers of pupils exempted in each waiver category to the California Department of Education.
(c) When the California State Board of Education approves a waiver of testing all pupils, school districts shall assess the progress in basic academic skills of each pupil not tested using an alternative means appropriate to the pupil's level of language proficiency.
(d) When the California State Board of Education approves a waiver of testing all pupils, school districts shall report the results of the pupil's alternative assessment to the pupil's parent or guardian within 40 school days of the date that the results of the alternative assessment are obtained.
(e) Should the California State Board of Education approve any waiver of testing all pupils under this section, the $5.00 per pupil incentive funds shall be apportioned solely with respect to each pupil actually tested in compliance with Education Code sections 60640 and 60641.
(f) For the 1996-97 school year only, school districts may submit to the California State Board of Education requests to use tests not approved by the California State Board of Education.
NOTE
Authority: Sections 33031 and 60605(g), Education Code. Reference: Sections 33050-33053, 60640 and 60641, Education Code.
HISTORY
1. New section filed 6-11-97; operative 6-11-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 24).
Subchapter 3.75. Standardized Testing and Reporting Program
Article 1. General
Note • History
For the purposes of the Standardized Testing and Reporting (STAR) Program, the following terms shall have the following meanings unless the context indicates otherwise:
(a) “Accommodations” means any variation in the assessment environment or process that does not fundamentally alter what the test measures or affect the comparability of scores.
(b) “Administration period” means one of multiple test administration periods used by school districts with schools or programs on non-traditional calendars that begin and complete the school year at various times and have staggered vacation periods to ensure that all pupils are tested at approximately the same point in the instructional year.
(c) “Alternate assessment” means an assessment as provided in Education Code section 60640(e) and its test materials developed to measure the degree to which pupils with exceptional needs who are unable to take the California Standards Tests (CSTs) even with accommodations or modifications are achieving the state content standards. The alternate assessments for the STAR Program are the California Alternate Performance Assessment and the California Modified Assessment (CMA). The student shall not be allowed to take both the California Alternate Performance Assessment (CAPA) and the California Modified Assessment (CMA). Students shall take CAPA in all subject areas, CSTs in all subject areas, CMA in all subject areas, or a combination of CSTs and CMA in the subject areas being assessed.
(d) “Alternate performance assessment” means an alternate assessment as provided in Education Code section 60640(e) and its test materials for pupils with significant cognitive disabilities. The alternate performance assessment for the STAR Program is the California Alternate Performance Assessment.
(e) “California Alternate Performance Assessment (CAPA)” is the alternate assessment as provided in Education Code section 60640(e) and its test materials for pupils with significant cognitive disabilities.
(f) “California Modified Assessment (CMA)” is the alternate assessment based on modified achievement standards as provided in Education Code section 60640(e) and its test materials.
(g) “California Standards Tests (CSTs)” means an assessment as provided in Education Code section 60642.5 and its test materials that measures the degree to which pupils are achieving the state content standards.
(h) “CDE” means the California Department of Education.
(i) “Eligible pupil” is any pupil who is not otherwise exempted pursuant to Education Code section 60615.
(1) For the primary language test, an eligible pupil is an English learner in grades 2 to 11, inclusive, with a primary language for which a test is required or optional pursuant to Education Code section 60640.
(2) For the California Alternate Performance Assessment, an eligible pupil is any pupil in grades 2 to 11, inclusive, who has an individualized education program (IEP) that designates the use of the alternate performance assessment and is unable to take the CSTs even with accommodations or modifications.
(3) For the CMA, an eligible pupil is any pupil in grades 3 to 11, inclusive, who has an IEP, meets the State Board of Education (SBE)-adopted eligibility criteria described in paragraphs (A) through (E) below, and whose IEP designates the use of the modified assessment in one or more content areas. The SBE-adopted eligibility criteria for guiding IEP teams in making decisions about which students with disabilities may participate in the CMA are based, in part, on Title 34 of the Code of Federal Regulations, Part 200, Title 1, Improving the Academic Achievement of the Disadvantaged. Those criteria are as follows:
(A) Previous Participation.
1. CSTs. The student shall have taken the CST in a previous year and scored Below Basic or Far Below Basic in the subject area being assessed by the CMA and may have taken the CSTs with modifications; or
2. CAPA. The student shall have taken the CAPA Level II-V in two previous years and received a performance level of either Proficient or Advanced. The student shall not be allowed to take both the CAPA and CMA.
(B) Progress Based on Multiple Measures and Objective Evidence. The student's disability has precluded the student from achieving grade-level proficiency, as demonstrated by such objective evidence as the student's performance on the CSTs and other assessments that can validly document academic achievement within the year covered by the student's IEP plan. The determination of the student's progress must be based on multiple measurements, over a period of time, that are valid for the subjects being assessed. The student will not receive a proficient score on the CSTs (even with provision of accommodations) based on evidence from multiple, valid, and objective measures of student progress (or lack of progress).
(C) Response to Appropriate Instruction.
1. The student's progress to date in response to appropriate grade-level instruction, including special education and related services designed to address the student's individual needs, is such that, even if significant growth occurs, the IEP team is reasonably certain that the student will not achieve grade-level proficiency within the year covered by the student's IEP plan.
2. The student who is assessed with the CMA has access to the curriculum, including instruction and materials for the grade in which the student is enrolled.
3. The student's IEP includes grade-level California content standards-based goals and support in the classroom for a subject or subjects assessed by the CMA.
4. The student has received special education and related services to support access to and progress in the general curriculum in which the student is enrolled.
5. The IEP team has determined that the student will not achieve grade-level proficiency even with instructional intervention.
(D) High School Diploma. The student who takes alternate assessments based on modified academic achievement standards is not precluded from attempting to complete requirements as defined by the State for a regular high school diploma.
(E) Parents Are Informed. Parents of the students selected to be assessed with the CMA are informed that their child's achievement will be measured based on modified achievement standards.
(j) “Grade” means the grade assigned to the pupil by the school district at the time of testing.
(k) “Modification” means any variation in the assessment environment or process that fundamentally alters what the test measures or affects the comparability of scores.
(l) “Modified assessment” means an alternate assessment based on modified achievement standards as provided in Education Code section 60640(e) and its test materials. The modified assessment for the STAR Program is the CMA.
(m) “Nonpublic schools (NPS)” are nonpublic, nonsectarian schools as set forth in California Education Code section 56034.
(n) “Primary language test” means an assessment as provided in Education Code sections 60640(f)(1) and (2) and 60640(g) and its test materials in each primary language for which a test is available for English learners. The primary language test for the STAR Program is the Standards-based Tests in Spanish.
(o) “School districts” includes elementary, high school, and unified school districts; county offices of education; any charter school that for assessment purposes does not elect to be part of the school district or county office of education that granted the charter; any statewide benefit charter; and any other charter school chartered by the SBE.
(p) “Scribe” is an employee of the school district, or a person assigned by a nonpublic school to implement a pupil's IEP who has signed a STAR Test Security Affidavit and is required to transcribe a pupil's responses to the format required by the test. A pupil's parent or guardian is not eligible to be the pupil's scribe.
(q) A “significant medical emergency” is a significant accident, trauma, or illness (mental or physical) that precludes a pupil in grades 2 to 11, inclusive, from taking the standards-based achievement tests. An accident, trauma, or illness is significant if the pupil has been determined by a licensed physician to be unable to participate in the tests.
(r) “Standards-based achievement tests” means an assessment that measures the degree to which pupils are achieving the state content standards as provided in Education Code sections 60640(e) alternate assessment(s), Education Code section 60642.5 CSTs and its test materials, and Education Code section 60640(f)(3) Standards-based Tests in Spanish, and its test materials. The STAR Program alternate assessments, the California Alternate Performance Assessment and the CMA, are standards-based achievement tests.
(s) “Standards-based Tests in Spanish” is the standards-based achievement test as provided in Education Code section 60640(f)(3), and its test materials, that is administered as the primary language test as provided in Education Code sections 60640(f) and (g) for pupils whose primary language is Spanish.
(t) “Test examiner” is an employee or contractor of a school district or a non-public school who has been trained to administer the tests and has signed a STAR Test Security Affidavit. For the alternate performance assessment, the test examiner must be a certificated or licensed school, district, or county staff member.
(u) “Test materials” include administration manuals, administrative materials, test booklets, practice tests, and test answer documents provided as part of the administration of the STAR Program assessments.
(v) “Test proctor” is an employee of a school district, or a person assigned by a nonpublic school to implement a pupil's IEP, who has signed a STAR Test Security Affidavit and has received training designed to prepare him or her to assist the test examiner in the administration of tests within the STAR Program.
(w) “Translator” is a person who has been assigned to translate the test directions into the pupil's primary language pursuant to section 853.5(f), who has signed a Test Security Affidavit as identified in section 859(d), and who has received training specifically designed to prepare him or her to assist the test examiner in the administration of the STAR Program assessments. A pupil's parent or guardian is not eligible to be the pupil's translator. A translator must be:
(1) an employee of the school district;
(2) an employee of the nonpublic school; or
(3) supervised by an employee of the school district or an employee of the nonpublic school.
(x) “Variation” means a change in the manner in which a test is presented or administered, or in how a test taker is allowed to respond, and includes, but is not limited to, accommodations and modifications.
(y) “Writing portion of the English-language arts tests” is the performance component of the standards-based achievement tests.
NOTE
Authority cited: Sections 33031 and 60605, Education Code. Reference: Sections 47605, 47605.8, 56034, 60605, 60615, 60640 and 60642.5, Education Code; 34 C.F.R. Sections 200.1(d), (e) and (f); 5 CCR 11967.6.
HISTORY
1. New subchapter 3.75 (sections 850-874) and section adopted by the State Board of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New subchapter 3.75 (sections 850-874) and section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-5-98 order transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
4. New article 1 heading, amendment of subsection (c), new subsections (g)-(h) and amendment of Note filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-26-98 order, including amendment of Note, transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15).
6. Amendment of subsections (a), (c) and (f), repealer of subsections (g)-(h) and amendment of Note filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-14-2000 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4-14-2000 and filed 5-26-2000 (Register 2000, No. 21).
8. Repealer of subsection (d), subsection relettering, new subsections (f)(1)-(g) and amendment of Note filed 11-27-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 11-27-2000 order transmitted to OAL 3-28-2001 and filed 5-9-2001 (Register 2001, No. 19).
10. Amendment of subsections (a), (f)(1) and (g), new subsections (h)-(m) and amendment of Note filed 2-3-2004; operative 2-3-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 6).
11. Amendment filed 8-22-2005; operative 9-21-2005 (Register 2005, No. 34).
12. Amendment of section and Note filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45).
13. Amendment of section and Note filed 4-13-2011; operative 5-13-2011 (Register 2011, No. 15).
§850.5. School District Liability. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031 and 60605, Education Code. Reference: Sections 60603, 60604 and 60613, Education Code.
HISTORY
1. New section filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15).
3. Amendment filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-14-2000 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4-14-2000 and filed 5-26-2000 (Register 2000, No. 21).
5. Repealer of section and amendment of Note filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45).
Article 2. Standards-Based Achievement Tests, Alternate Assessments, and Any Primary Language Test
Note • History
(a) School districts shall administer the standards-based achievement tests and the primary language test, if any, to each eligible pupil enrolled in a school district on the date testing begins in the pupil's school or school district.
(b) School districts shall make whatever arrangements are necessary to test all eligible pupils in alternative education programs or programs conducted off campus, including, but not limited to, continuation schools, independent study, community day schools, county community schools, juvenile court schools, or nonpublic schools.
(c) No test may be administered in a home or hospital except by a test examiner. No test shall be administered to a pupil by the parent or guardian of that pupil. This subdivision does not prevent classroom aides from assisting in the administration of the test under the supervision of a test examiner provided that the classroom aide does not assist his or her own child and that the classroom aide signs a security affidavit.
NOTE
Authority cited: Sections 33031 and 60605, Education Code. Reference: Sections 48645.1, 60605 and 60640, Education Code.
HISTORY
1. New section adopted by the State Board of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-5-98 order, including amendment of subsections (a) and (d), transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
4. Editorial correction of subsection (b) (Register 98, No. 44).
5. New article 2 heading and amendment of subsections (a) and (c) filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-26-98 order, including amendment of subsection (d), transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15).
7. Amendment of article heading filed 11-27-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 11-27-2000 order transmitted to OAL 3-28-2001 and filed 5-9-2001 (Register 2001, No. 19).
9. Amendment of article heading, section and Note filed 8-22-2005; operative 9-21-2005 (Register 2005, No. 34).
10. Amendment of article heading, section and Note filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45).
11. Amendment of article heading, subsections (a)-(b) and Note filed 4-13-2011; operative 5-13-2011 (Register 2011, No. 15).
Note • History
A parent or guardian may submit to the school a written request to excuse his or her child from any or all parts of any test provided pursuant to Education Code section 60640. If a parent or guardian submits an exemption request after testing has begun, any test(s) completed before the request is submitted will be scored and the results reported to the parent or guardian and included in the pupil's records. A school district and its employees may discuss the STAR Program with parents and may inform parents of the availability of exemptions under Education Code section 60615. The school district and its employees shall not solicit or encourage any written exemption request on behalf of any child or group of children.
NOTE
Authority cited: Sections 33031 and 60605, Education Code. Reference: Sections 60605, 60607, 60615, 60640 and 60641, Education Code.
HISTORY
1. New section adopted by the State Board of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-5-98 order, including amendment of section, transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
4. Amendment of subsection (b) filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15).
6. Amendment of subsection (b) filed 11-27-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 11-27-2000 order, including further amendment of subsection (a), transmitted to OAL 3-28-2001 and filed 5-9-2001 (Register 2001, No. 19).
8. Amendment of subsection (b) and amendment of Note filed 2-3-2004; operative 2-3-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 6).
9. Repealer of subsection (a) designator and subsection (b) filed 8-22-2005; operative 9-21-2005 (Register 2005, No. 34).
10. Amendment filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45).
11. Amendment of section and Note filed 4-13-2011; operative 5-13-2011 (Register 2011, No. 15).
Note • History
The standards-based achievement tests and the primary language test, if any, shall be administered and returned by school districts in accordance with the manuals or other instructions provided by the contractor for administering and returning the tests unless specifically provided otherwise in this subchapter including instructions for administering the test with variations, accommodations, and modifications specified in section 853.5. The procedures shall include, but are not limited to, those designed to ensure the uniform and standard administration of the tests to pupils, the security and integrity of the test content and test items, and the timely provision of all required pupil and school level information.
NOTE
Authority cited: Sections 12001, 33031 and 60605, Education Code. Reference: Sections 60605 and 60640, Education Code.
HISTORY
1. New section adopted by the State Board of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-5-98 order, including new subsections (c) and (d), transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
4. Amendment of subsections (a) and (c) filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15).
6. Amendment filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-14-2000 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4-14-2000 and filed 5-26-2000 (Register 2000, No. 21).
8. New subsection (d), subsection relettering and amendment of newly designated subsection (e) filed 11-8-2000; operative 12-8-2000 (Register 2000, No. 45).
9. Amendment of subsections (a) and (b) filed 11-27-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 11-27-2000 order transmitted to OAL 3-28-2001 and filed 5-9-2001 (Register 2001, No. 19).
11. Amendment of subsection (a), repealer of former subsections (b)-(e), new subsections (b) and (c) and amendment of Note filed 2-3-2004; operative 2-3-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 6).
12. Amendment of subsections (b)-(c) filed 8-22-2005; operative 9-21-2005 (Register 2005, No. 34).
13. Amendment filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45).
14. Amendment of section and Note filed 4-13-2011; operative 5-13-2011 (Register 2011, No. 15).
§853.5. Use of Variations, Accommodations, and Modifications.
Note • History
(a) School districts may provide all pupils the following variations on the CSTs, the CMA, and the Standards-based Tests in Spanish:
(1) have test directions simplified or clarified.
(2) write in test booklets; for example, underlining, highlighting, or working math problems. Tests booklets for grades 2 and 3 must have any marks other than those in response circles erased or pupil responses must be transcribed into new test booklet(s) by a school, school district, or nonpublic school employee who has signed the STAR Test Security Affidavit to ensure that the tests can be scored.
(3) test in a small group setting.
(4) have as much time as needed within a single sitting to complete a test or test part on the standards-based achievement tests.
(b) School districts may provide all pupils the following testing variations on the CSTs, the CMA, and the Standards-based Tests in Spanish if regularly used in the classroom:
(1) special or adaptive furniture.
(2) special lighting, special acoustics, noise-canceling devices, visual magnifying equipment or audio amplification equipment.
(3) an individual carrel or study enclosure.
(4) test individually in a separate room provided that an employee of the school, school district, or nonpublic school, who has signed the STAR Test Security Affidavit, directly supervises the pupil.
(5) colored overlay, mask, or other means to maintain visual attention to the test or test questions.
(6) Manually Coded English or American Sign Language to present directions for administration.
(c) Eligible pupils with disabilities who have an IEP and pupils with a Section 504 Plan shall be permitted the following presentation, response, or setting accommodations on the CSTs, the CMA, and the Standards-based Tests in Spanish, if specified in the eligible pupil's IEP or Section 504 Plan:
(1) large print versions.
(2) test items enlarged if the font size is larger than that used on large print versions is required.
(3) Braille transcriptions provided by the test contractor.
(4) audio or oral presentation of the mathematics, science, or history-social science tests.
(5) Manually Coded English or American Sign Language to present test questions on the mathematics, science, or history-social science tests.
(6) for grades 4 to 11 responses marked in test booklet and transferred to the answer document by a school, school district, or nonpublic school employee who has signed the STAR Test Security Affidavit.
(7) responses dictated orally, in Manually Coded English or American Sign Language to a scribe for selected-response items (e.g., multiple-choice test questions).
(8) responses dictated to a scribe, audio recorder, or speech to text converter on the writing portion of the English-language arts tests, and the pupil indicates all spelling and language conventions.
(9) use of word processing software with spell and grammar check tools turned off on the writing portion of the English-language arts tests.
(10) use of an assistive device that does not interfere with the independent work of the student on the multiple-choice or writing portion of the test.
(11) supervised breaks within a section of the test.
(12) administration of the test at the most beneficial time of day to the pupil.
(13) administration of any test or test part to be given in a single sitting over more than one day except for the writing portion of the English-language arts tests.
(14) test administered by a test examiner to a pupil at home or in the hospital.
(15) audio or oral presentation of any prompts or passages present in the STAR writing portion of the English-language arts tests.
(16) Manually Coded English or American Sign Language to present any prompts or passages present in the STAR writing portion of the English-language arts tests.
(d) In addition to the accommodations set forth in section 853.5(c), a pupil who is eligible to take the CMA as defined in section 850(f), shall be permitted the following presentation, response, or setting accommodations on the CMA if specified in the eligible pupil's IEP:
(1) audio or oral presentation of test questions and answer options on the multiple-choice portion of the English-language arts tests.
(2) Manually Coded English or American Sign Language to present test questions on the multiple-choice portion of the English-language arts tests.
(3) use of a calculator on the mathematics test in grade 5.
(4) use of manipulatives on the mathematics and science tests.
(e) Eligible pupils with disabilities shall be permitted the following modifications on the CSTs and the Standards-based Tests in Spanish if specified in the eligible pupil's IEP or Section 504 Plan:
(1) calculators, arithmetic tables, and formulas or mathematics manipulatives not provided in the test materials on the mathematics or science tests.
(2) audio or oral presentation of the multiple-choice portion of the English-language arts tests.
(3) Manually Coded English or American Sign Language to present test questions on the multiple-choice portion of the English-language arts tests.
(4) spellcheckers, grammar checkers, or word processing software programs that check or correct spelling and/or grammar on the writing portion of the English-language arts tests.
(5) mechanical or electronic devices or other assistive devices that are not used solely to record the pupil's responses, including, but not limited to, transcribers, scribes, voice recognition or voice to text software, and that identify a potential error in the pupil's response or that correct spelling, grammar or conventions on the writing portion of the English-language arts tests.
(6) responses dictated orally, in Manually Coded English or American Sign Language to provide an essay response to a scribe and the scribe provides spelling, grammar, and language conventions.
(7) dictionary.
(f) If the school district, pupil's IEP team or Section 504 Plan proposes a variation for use on the standards-based achievement tests or the primary language test, if any, that has not been listed in this section, the school district may submit to the CDE for review of the proposed variation.
(g) Identified English learner pupils shall be permitted the following testing variations if regularly used in the classroom or for assessment:
(1) Tested in a separate room with other English learners provided that an employee of the school, school district, or nonpublic school, who has signed the Test Security Affidavit, directly supervises the pupil.
(2) Additional supervised breaks following each section within a test part provided that the test section is completed within a testing day. A test section is identified by a “STOP” at the end of it.
(3) The test directions printed in the test administration manual may be translated into an English learner's primary language. English learners shall have the opportunity to ask clarifying questions about any test directions presented orally in their primary language.
(4) Access to translation glossaries/word lists for the standards-based achievement tests in mathematics, science, and history-social science (English to primary language). The translation glossaries/word lists are to include only the English word or phrase with the corresponding primary language word or phrase. The glossaries or word lists shall include no definitions, parts of speech, or formulas.
NOTE
Authority cited: Sections 12001, 33031 and 60605, Education Code. Reference: Sections 60605 and 60640, Education Code; 34 C.F.R. Section 300.160(b).
HISTORY
1. New section filed 2-3-2004; operative 2-3-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 6).
2. Amendment of section heading and section filed 8-22-2005; operative 9-21-2005 (Register 2005, No. 34).
3. Amendment filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45).
4. Amendment of section and Note filed 4-13-2011; operative 5-13-2011 (Register 2011, No. 15).
§854. Advance Preparation for the Tests.
Note • History
(a) Except for materials specifically provided by the CDE or its agents, no program or materials shall be used by any school district or employee of a school district that are specifically formulated or intended to prepare pupils for the standards-based achievement tests, or the primary language test, if any. No administration or use of an alternate or parallel form shall be used as practice for any pupils.
(b) Practice tests provided by the contractor as part of the standards-based achievement tests and the primary language test, if any, for the limited purpose of familiarizing pupils with the use of scannable test booklets or answer sheets and the format of test items are not subject to the prohibition of subdivision (a).
NOTE
Authority cited: Sections 33031 and 60605, Education Code. Reference: Sections 60605, 60611 and 60640, Education Code.
HISTORY
1. New section adopted by the State Board of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-5-98 order, including amendment of subsection (b), transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
4. Amendment filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15).
6. Amendment of subsection (a) filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-14-2000 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4-14-2000 and filed 5-26-2000 (Register 2000, No. 21).
8. Amendment of section heading, section and Note filed 8-22-2005; operative 9-21-2005 (Register 2005, No. 34).
9. Amendment filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45).
10. Amendment of section and Note filed 4-13-2011; operative 5-13-2011 (Register 2011, No. 15).
Note • History
(a)(1) The standards-based achievement tests and the primary language test, if any, except as specified below shall be administered to each pupil during a testing window of 25 instructional days that includes 12 instructional days before and after completion of 85% of the school's, track's, or program's instructional days. Testing for all pupils, including makeup testing, is to be completed within this 25 instructional day window.
(2) Each school district shall provide for at least two makeup days of testing for pupils who were absent during the period in which any school administered the standards-based achievement tests and the primary language test, if any. All makeup testing shall occur within five instructional days of the last date that the school district administered the tests but not later than the end of the 25 instructional day period established in subdivision (a)(1).
(3) A school district with schools operating on a multitrack year round schedule may submit a request to the contractor to begin testing no earlier than the fourth Monday in February.
(b) The writing portion of the English-language arts tests shall be administered to each eligible pupil only on the day(s) specified annually by the State Superintendent of Public Instruction. An eligible pupil for purposes of the writing portion is a pupil taking the standards-based achievement tests for a grade at which the writing portion will be administered.
NOTE
Authority cited: Sections 33031 and 60605, Education Code. Reference: Sections 60605, 60640 and 60642.5, Education Code.
HISTORY
1. New section adopted by the State Board of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-5-98 order, including amendment of subsection (c), transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
4. Amendment of subsection (c) filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, No. 51). A Certificate of Compliance must be trans-- mitted to OAL by 4-14-2000 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4-14-2000 and filed 5-26-2000 (Register 2000, No. 21).
6. Amendment filed 11-27-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 11-27-2000 order, including further amendment of subsection (a) and Note, transmitted to OAL 3-28-2001 and filed 5-9-2001 (Register 2001, No. 19).
8. Amendment of section and Note filed 8-22-2005; operative 9-21-2005 (Register 2005, No. 34).
9. Amendment filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45).
10. Amendment of section and Note filed 4-13-2011; operative 5-13-2011 (Register 2011, No. 15).
§856. Sales and Use Tax. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031 and 60605(g) and (h), Education Code. Reference: Section 60640, Education Code; and Sections 6051 et seq. and 6201 et seq., Revenue and Tax Code.
HISTORY
1. New section adopted by the State Board of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-5-98 order transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
4. Amendment filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15).
6. Repealer filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-14-2000 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4-14-2000 and filed 5-26-2000 (Register 2000, No. 21).
§857. District STAR Coordinator.
Note • History
(a) On or before September 30 of each school year, the superintendent of each school district shall designate from among the employees of the school district a district STAR coordinator. The district STAR coordinator, or the school district superintendent or his or her designee, shall be available through August 15 of the following school year to complete school district testing. The school district shall notify the contractor(s) of the identity and contact information, including electronic mail address, if available in the school district, for the district STAR coordinator and for the superintendent and his or her designee, if any. The district STAR coordinator shall serve as the school district representative and the liaison between the school district and the contractor(s) and the school district and the CDE for all matters related to the STAR Program. A school district superintendent may designate a separate STAR program district coordinator for any primary language test.
(b) The district STAR coordinator's responsibilities shall include, but not be limited to, all of the following duties:
(1) Responding to correspondence and inquiries from the contractor and from the CDE in a timely manner and as provided in the contractor's instructions and these regulations.
(2) Determining school district and individual school test and test material needs in conjunction with schools within the district and the contractor, using current enrollment data and communicating school district test material needs to the contractor on or before December 1.
(3) Ensuring delivery of tests and test materials to the test sites no more than ten or fewer than five working days before the first day of testing designated by the district.
(4) Coordinating the testing and makeup testing days for the school district and for those pupils of the district who are enrolled in nonpublic schools within any required time periods with the school test site coordinators. Overseeing the collection of all pupil data as required to comply with section 861.
(5) Maintaining security over the standards-based achievement tests, and the primary language test, if any, and test data using the procedure set forth in section 859. The district STAR coordinator shall sign the security agreement set forth in section 859 and submit it to the contractor prior to receipt of the test materials from the contractor.
(6) Overseeing the administration of the standards-based achievement tests, and the primary language test, if any, to eligible pupils.
(7) Overseeing the collection and return of all test materials and test data to the contractor within any required time periods.
(8) Assisting the contractor and the CDE in the resolution of any discrepancies in the test information and materials, including but not limited to, pre-identification files and all pupil level data required to comply with sections 861 and 862.
(9) Immediately notifying the CDE of any security breaches or testing irregularities in the district before, during, or after the test administration.
(10) Ensuring that an answer document is submitted for scoring for each eligible pupil enrolled in the district on the first day of testing.
(11) After receiving summary reports and files from the contractor, the district STAR coordinator shall review the files and reports for completeness and accuracy, and shall notify the contractor and the CDE of any errors, discrepancies, or incomplete information.
(12) Training test site coordinators to oversee the test administration at each school.
NOTE
Authority cited: Sections 33031 and 60605, Education Code. Reference: Sections 52052, 60605, 60630 and 60640, Education Code.
HISTORY
1. New section adopted by the State Board of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of subsection (b)(5) (Register 98, No. 42).
4. Certificate of Compliance as to 5-5-98 order, including amendment of subsections (a) and (c), transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
5. Amendment filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-26-98 order, including amendment of subsection (d), transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15).
7. Amendment filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-14-2000 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 12-16-99 order, including amendment of subsection (a), transmitted to OAL 4-14-2000 and filed 5-26-2000 (Register 2000, No. 21).
9. Amendment of subsections (a), (b)(2), (b)(5)-(6) and (c) filed 11-27-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 11-27-2000 order transmitted to OAL 3-28-2001 and filed 5-9-2001 (Register 2001, No. 19).
11. Amendment of section heading, section and Note filed 8-22-2005; operative 9-21-2005 (Register 2005, No. 34).
12. Amendment of subsections (a), (b)(3) and (b)(5)-(6) filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45).
13. Amendment of section and Note filed 4-13-2011; operative 5-13-2011 (Register 2011, No. 15).
§858. STAR Test Site Coordinator.
Note • History
(a) At each test site, including but not limited to, each elementary, middle, and high school or other grade-span designated school, each charter school, each court-school, each school or program operated by a school district, and all other public programs serving pupils in any of the grades 2 to 11, inclusive, the superintendent of the school district or the district STAR coordinator shall designate a STAR test site coordinator from among the employees of the school district. The STAR test site coordinator, or the site principal or his or her designee, shall be available to the district STAR coordinator by telephone through August 15 of the following school year for purposes of resolving discrepancies or inconsistencies in materials or errors in reports.
(b) The STAR test site coordinator's responsibilities shall include, but are not limited to, all of the following duties:
(1) Determining site test and test material needs and communicating the site needs to the district STAR coordinator.
(2) Overseeing the acquisition and distribution of tests and test materials at the test site, including but not limited to, distributing test materials to test examiners on each day of testing in accordance with the contractor's directions.
(3) Cooperating with the district STAR coordinator to provide the testing and makeup testing days for the site within any required time periods.
(4) Maintaining security over the standards-based achievement tests, the primary language test, if any, and test data. The STAR test site coordinator shall sign the security agreement set forth in section 859 and submit it to the district STAR coordinator prior to the receipt of the test materials.
(5) Arranging for and overseeing the administration of the standards-based achievement tests and the primary language test, if any, to eligible pupils at the test site.
(6) Overseeing the collection and return of all testing materials to the district STAR coordinator.
(7) Assisting the district STAR coordinator, the contractor, and the CDE in the resolution of any discrepancies in the test information and materials.
(8) Overseeing the collection of all pupil level and other data required to comply with sections 861 and 862.
(9) Ensuring that an answer document is submitted for scoring for each eligible pupil enrolled in the school on the first day of testing for the standards-based achievement tests and the primary language test, if any.
(10) Ensuring that for each pupil tested only one scannable answer document is submitted for scoring, except that for each pupil tested at grades for which the contractor has designated the use of more than one answer document. An answer document for the STAR writing portion of the English-language arts tests administered pursuant to section 855(b) shall be submitted in addition to the answer document for the multiple choice items.
(11) Immediately notifying the district STAR coordinator of any security breaches or testing irregularities that occur in the administration of the standards-based achievement tests or the primary language test, if any, that violate the terms of the STAR Security Affidavit in section 859.
(12) Training test examiners, translators, proctors, and scribes for administering the tests.
NOTE
Authority cited: Sections 33031 and 60605, Education Code. Reference: Sections 60605, 60630 and 60640, Education Code.
HISTORY
1. New section adopted by the State Board of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-5-98 order transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
4. Amendment of subsections (b)(4)-(5) filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15).
6. Amendment of subsections (a), (b)(1) and (b)(7) filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-14-2000 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 12-16-99 order, including amendment of subsection (a), transmitted to OAL 4-14-2000 and filed 5-26-2000 (Register 2000, No. 21).
8. Amendment of subsections (a), (b) and (b)(4)-(5), new subsection (b)(9) and amendment of subsection (c) filed 11-27-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 11-27-2000 order transmitted to OAL 3-28-2001 and filed 5-9-2001 (Register 2001, No. 19).
10. Amendment of section and Note filed 8-22-2005; operative 9-21-2005 (Register 2005, No. 34).
11. Amendment of subsections (a), (b)(4), (b)(5), (b)(9) and (b)(11) filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45).
12. Amendment of section and Note filed 4-13-2011; operative 5-13-2011 (Register 2011, No. 15).
§859. STAR Test Security Agreement and Test Security Affidavit.
Note • History
(a) All STAR district and test site coordinators (coordinators) shall sign the STAR Test Security Agreement set forth in subdivision (b) before receiving any of the test materials or tests administered pursuant to Education Code section 60640.
(b) The STAR Test Security Agreement shall be as follows:
STAR TEST SECURITY AGREEMENT
I acknowledge by my signature on this form that standards-based achievement tests, including the CSTs, the California Alternate Performance Assessment, the CMA, and the Standards-based Tests in Spanish, are secure tests and agree to each of the following conditions to ensure test security:
(1) I will take all necessary precautions to safeguard all tests and test materials by limiting access to persons within the school district with a responsible, professional interest in the tests' security.
(2) I will keep on file the names of all persons having access to tests and test materials. All persons having access to the materials shall be required to sign the STAR Test Security Affidavit that will be kept on file in the school district office.
(3) I will keep the CSTs, the California Alternate Performance Assessment, the CMA, and the Standards-based Tests in Spanish and their test materials in a secure, locked location and will deliver tests and test materials only to those persons who have executed STAR Test Security Affidavits on actual testing dates as provided in section 859(d) with the exception of subdivision (4) below.
(4) I will keep the California Alternate Performance Assessment materials in a secure locked location when not being used by examiners to prepare for and to administer the assessment. I will adhere to the contractor's directions for the distribution of the assessment materials to examiners.
(5) I will not copy any part of the tests or test materials without written permission from the CDE to do so.
(6) I will not disclose, or allow to be disclosed, the contents of the tests or the test instruments. I will not review any test questions, passages, or other test items with any other person before, during, or after the test administration.
(7) I will not develop scoring keys, review any pupil responses, or prepare answer documents except as required by the test administration manual(s) prepared by the testing contractor.
By signing my name to this document, I am assuring that I will abide by the above conditions.
Signed:
Print Name:
Title:
School District:
Date:
(c) All test examiners, proctors, translators, scribes, and any other persons having access to any of the test materials or tests administered pursuant to Education Code section 60640 shall acknowledge the limited purpose of their access to the tests by signing the STAR Test Security Affidavit set forth in subdivision (d).
(d) The STAR Test Security Affidavit shall be as follows:
STAR TEST SECURITY AFFIDAVIT
I acknowledge that I will have access to one or more of the standards-based achievement tests, including the CSTs, the California Alternative Performance Assessment, the CMA, and the Standards-based Tests in Spanish, and test materials, for the purpose of administering the test(s). I understand that these materials are highly secure, and it is my professional responsibility to protect their security as follows:
(1) I will not divulge the contents of the tests to any other person through verbal, written, or any other means of communication.
(2) I will not copy any part of the test(s) or test materials.
(3) I will keep the test(s) secure until the test(s) are actually distributed to pupils.
(4) I will limit access to the test(s) and test materials by test examinees to the actual testing periods when they are taking the test(s).
(5) I will collect and account for all materials following each period of testing and will not permit pupils to remove test materials from the room where testing takes place.
(6) I will not review any test questions, passages, or other test items independently or with pupils or any other person before, during, or following testing.
(7) I will not develop scoring keys, review any pupil responses, or prepare answer documents except as required by the test administration manual(s) prepared by the testing contractor.
(8) I will return all test materials for the CSTs, the CMA, and the Standards-based Tests in Spanish to the designated STAR test site coordinator daily upon completion of testing.
(9) I will keep all the California Alternate Performance Assessment materials in secure locked storage except when I am administering or observing the administration of the assessment to pupils.
(10) I will administer the test(s) in accordance with the directions for test administration and test administration manuals prepared by the testing contractor.
(11) I have been trained to administer the tests.
Signed:
Print Name:
Position:
School:
School District:
Date:
(e) To maintain the security of the program, all district STAR coordinators and test site coordinators are responsible for inventory control and shall use appropriate inventory control forms to monitor and track test inventory.
NOTE
Authority cited: Sections 33031 and 60605, Education Code. Reference: Sections 60605 and 60640, Education Code.
HISTORY
1. New section adopted by the State Board of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-5-98 order, including amendment of subsections (c) and (d), transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
4. Amendment of subsections (b) and (c)-(e) filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15).
6. Amendment filed 11-27-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 11-27-2000 order transmitted to OAL 3-28-2001 and filed 5-9-2001 (Register 2001, No. 19).
8. New subsections (b)(4) and (b)(5) and amendment of Note filed 2-3-2004; operative 2-3-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 6).
9. Amendment filed 8-22-2005; operative 9-21-2005 (Register 2005, No. 34).
10. Amendment filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45).
11. Amendment of section and Note filed 4-13-2011; operative 5-13-2011 (Register 2011, No. 15).
§860. Standard Agreement Between School Districts and Publisher. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031 and 60605(g) and (h), Education Code. Reference: Sections 60640 and 60643, Education Code.
HISTORY
1. New section adopted by the Department of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-5-98 order, including amendment of Note, transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
4. Amendment filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15).
6. Repealer filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-14-2000 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4-14-2000 and filed 5-26-2000 (Register 2000, No. 21).
§861. School-By-School Analysis.
Note • History
(a) Each school district shall provide the contractor for the standards-based achievement tests and the primary language test, excluding (6), (7), and (8), the following information for each pupil enrolled on the first day the tests are administered for purposes of the reporting required by the Academic Performance Index of the Public Schools Accountability Act (chapter 6.1, commencing with section 52050), section 60630, and chapter 5 (commencing with section 60640) of the Education Code:
(1) Pupil's full name.
(2) Date of birth.
(3) Grade level.
(4) Gender.
(5) English proficiency.
(6) Primary language.
(7) Date of English proficiency reclassification.
(8) If reclassified to fluent English proficient (R-FEP) pupil scored proficient or above on the California English-Language Arts Standards Test any three years since reclassification.
(9) Program participation.
(10) Use of accommodations or modifications.
(11) Statewide Student Identifier.
(12) Parent or guardian education level.
(13) School and district California Basic Educational Data System (CBEDS) enrollment.
(14) For English learners, date first enrolled in school in the United States and if they have been enrolled in school less than 12 cumulative months at the time of testing.
(15) Documented eligibility to participate in the National School Lunch Program.
(16) Race/ethnicity.
(17) Primary disability code.
(18) Special Education Exit Date.
(19) County and District for pupils with IEPs if residence is other than where pupil attends school or receives services.
(20) Special testing conditions and/or reasons for not being tested.
(21) Pupil enrolled in NPS by district based on IEP.
(22) NPS school code.
(b) In addition to the demographic data required to be reported in section 861(a), school districts may report if an eligible pupil is not tested due to a significant medical emergency.
(c) The information is for the purposes of aggregate analyses only and shall be provided and collected as part of the testing materials for the standards-based achievement tests and the primary language test.
(d) School districts shall provide the same information for each eligible pupil enrolled in an alternative or off campus program or for pupils placed in nonpublic schools as is provided for all other eligible pupils in grades 2 to 11, inclusive.
(e) If the information required by section 861(a) is incorrect, the school district may enter into a separate agreement with the contractor to have the district's student data file corrected. The district STAR coordinator shall provide the correct information to the contractor within the contractor's timeline. Any costs for correcting the student data shall be the district's responsibility.
NOTE
Authority cited: Sections 33031 and 60605, Education Code. Reference: Sections 52050, 60605, 60630, 60640 and 60643, Education Code; 7 C.F.R. Sections 245.2(a)(1)-(4), 245.3 and 245.6.
HISTORY
1. New section adopted by the Department of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-5-98 order, including amendment of subsection (a), repealer of subsections (a)(10) and (a)(11), and amendment of Note, transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
4. Amendment of subsections (a) and (a)(8) and new subsection (a)(10) filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-14-2000 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4-14-2000 and filed 5-26-2000 (Register 2000, No. 21).
6. Amendment of section and Note filed 8-22-2005; operative 9-21-2005 (Register 2005, No. 34).
7. Amendment filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45).
8. Amendment of section and Note filed 4-13-2011; operative 5-13-2011 (Register 2011, No. 15).
§862. Apportionment Information Report.
Note • History
(a) Annually, each school district shall receive an apportionment information report with the following information by grade level for the standards-based achievement tests and the primary language test, if any:
(1) The number of pupils enrolled in each school and in the school district on the first day of testing as indicated by the number of alternate assessments and CSTs, excluding the STAR writing portion of the English-language arts tests, answer documents submitted to the test contractor for scoring.
(2) The number of pupils in each school and in the school district tested with the alternate performance assessment.
(3) The number of pupils in each school and in the school district exempted from testing at the request of their parents or guardians pursuant to Education Code section 60615.
(4) The number of pupils who were administered any portion of the CST's or the modified assessment excluding the STAR writing portion of the English-language arts tests.
(5) The number of pupils with demographic information only who were not tested for any reason other than a parent or guardian exemption.
(6) The number of English language learners who were administered each designated primary language test pursuant to Education Code section 60640(f).
(7) The number of English language learners who were administered each primary language test pursuant to Education Code section 60640(g).
(b) To be eligible for apportionment payment for the standards-based achievement tests and the primary language test, if any, school districts must meet the following conditions:
(1) The school district has returned all secure test materials, and
(2) the superintendent of each school district has certified the accuracy of the apportionment information report for examinations administered during the calendar year (January 1 through December 31), which is either;
(A) postmarked by December 31, or
(B) if postmarked after December 31, the apportionment information report must be accompanied by a waiver request as provided by Education Code section 33050. For those apportionment information reports postmarked after December 31, apportionment payment is contingent upon the availability of an appropriation for this purpose in the fiscal year in which the testing window began.
NOTE
Authority cited: Sections 12001, 33031 and 60605, Education Code. Reference: Sections 60615 and 60640, Education Code.
HISTORY
1. New section adopted by the State Board of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-5-98 order, including amendment of subsection (a), repealer of subsection (a)(5), subsection renumbering, and amendment of subsections (b)(2) and (c), transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
4. Repealer of subsections (c)-(d) filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15).
6. Amendment of subsections (a) and (b)(2) filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-14-2000 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4-14-2000 and filed 5-26-2000 (Register 2000, No. 21).
8. Amendment of subsections (a)-(a)(3) and repealer of subsection (a)(5) filed 11-27-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 11-27-2000 order transmitted to OAL 3-28-2001 and filed 5-9-2001 (Register 2001, No. 19).
10. Amendment of section and Note filed 8-22-2005; operative 9-21-2005 (Register 2005, No. 34).
11. Amendment filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45).
12. Amendment of section and Note filed 4-13-2011; operative 5-13-2011 (Register 2011, No. 15).
§862.5. Apportionment to School Districts.
Note • History
(a) The amount of funding to be apportioned to the school district for the costs of administering the standards-based achievement tests and the primary language test, if any, shall be the amount established by the SBE to enable school districts to meet the requirements of administering the standards-based achievement tests and the primary language test per the number of tests administered to eligible pupils in grades 2 to 11, inclusive, and the number of answer documents returned with only demographic information for pupils enrolled on the first day of testing who were not tested in the school district. The number of tests administered and the number of demographic answer documents shall be determined by the certification of the school district superintendent pursuant to section 862. For purposes of this portion of the apportionment, administration of the standards-based achievement tests and the primary language test includes the following items:
(1) All staffing costs, including the district STAR coordinator and the STAR test site coordinators, staff training and other staff expenses related to testing.
(2) All expenses incurred at the school district and test site level related to testing.
(3) All transportation costs of delivering and retrieving tests and test materials within the school district and to nonpublic schools.
(4) All costs associated with mailing the STAR Student Reports to parents/guardians.
(5) All costs associated with pre-identification of answer sheets and consumable test booklets, and other activities intended to provide the complete and accurate data required in section 861 of these regulations.
(b) This amount does not include any funding for the purposes of:
(1) reimbursing the costs incurred by any school district pursuant to section 864.5(d) or (e); and
(2) reimbursing any school district for primary language tests for non-eligible pupils.
(c) If at the time a school district's scannable documents are processed by the contractor a student data record is missing any of the data elements required in section 861 of these regulations for the standards-based achievement tests, the school district shall provide the missing data elements within the time required by the contractor to process the documents and meet the contractor's schedule of deliverables under its contract with the CDE. The additional costs incurred by the school district to have the contractor reprocess the student information to acquire the data required by section 861 of these regulations shall be withheld from the school district's apportionment.
NOTE
Authority cited: Sections 12001, 33031 and 60605, Education Code. Reference: Sections 60640 and 60643, Education Code.
HISTORY
1. Renumbering of former section 870 to new section 862.5, including amendment of section and Note, filed 4-13-2011; operative 5-13-2011 (Register 2011, No. 15).
§863. STAR Student Reports and Cumulative Record Labels.
Note • History
(a) The school district shall forward the STAR Student Report for the designated achievement test and standards-based achievement tests and the designated primary language test provided by the contractor(s) to each pupil's test to the pupil's parent or guardian, within no more than 20 working days from receipt of the report from the contractor.
(b) If the school district receives the reports for the designated achievement test and standards-based tests, or the designated primary language test from the contractor after the last day of instruction for the school year, the school district shall send the pupil results to the parent or guardian by U.S. mail at the parent's or guardian's last known address. If the report is non-deliverable, the school district shall make the report available to the parent or guardian during the next school year.
(c) Schools are responsible for affixing cumulative record labels reporting each pupil's scores to the pupil's permanent school records or for entering the scores into electronic pupil records, and for forwarding the results to schools to which pupils matriculate or transfer. Schools may annotate the scores when the scores may not accurately reflect pupils' achievement due to illness or testing irregularities.
NOTE
Authority cited: Sections 33031 and 60605, Education Code. Reference: Sections 49068, 60641 and 60607, Education Code.
HISTORY
1. New section adopted by the Department of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-5-98 order, including amendment of Note, transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
4. Amendment of subsection (b) filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15).
6. Amendment of section heading, section and Note filed 8-22-2005; operative 9-21-2005 (Register 2005, No. 34).
7. Amendment of subsections (a) and (b) filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45).
Note • History
No aggregate or group scores or reports that are compiled pursuant to Education Code section 60641 or 60643 shall be reported electronically, in hard copy, or in other media, to any party other than the school or school district where the pupils were tested, if the aggregate or group scores or reports are composed of ten or fewer individual pupil scores. In each instance in which no score is reported for this reason, the notation shall appear “The number of pupils in this category is too small for statistical accuracy or privacy protection.” In no case shall any group score be reported that would deliberately or inadvertently make the score or performance of any individual pupil identifiable within the meaning of the Family Educational Rights and Privacy Act.
NOTE
Authority cited: Sections 12001, 33031 and 60605, Education Code. Reference: Sections 60605, 60640, 60641 and 60643, Education Code; 20 U.S.C. Section 1232g; and 34 C.F.R. Section 99.3.
HISTORY
1. New section adopted by the Department of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-5-98 order, including amendment of Note, transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
4. Amendment of section and Note filed 8-22-2005; operative 9-21-2005 (Register 2005, No. 34).
5. Amendment filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45).
6. Amendment of section and Note filed 4-13-2011; operative 5-13-2011 (Register 2011, No. 15).
§864.5. Test Order Information.
Note • History
(a) The school district shall provide to the contractor(s), for the standards-based achievement tests and the primary language test no later than December 1 of the year immediately prior to the year of test administration, the following data for each test site of the school district, by grade or course level:
(1) Valid county district school (CDS) codes.
(2) Number of tests.
(3) Numbers of special version tests including, but not limited to, Braille and large print.
(4) Number of Directions for Administration needed, by grade level.
(5) Number of pupils to be tested with the alternate assessments.
(6) Number of test examiners for the alternate assessments.
(7) The first and last date of instruction and all non-instructional days during the school year for each school in the district and all non-working days for the school district.
(b) The school district shall provide to the contractor for the primary language test the following data:
(1) Whether or not the district has eligible pupils for the tests.
(2) For all tests sites in the district with eligible pupils, by grade level, the information in subdivision (a)(1), (2), (3), and (4).
(3) First date of testing indicating the dates for each administration period.
(c) Each school district that elects pre-identification of answer documents shall submit an electronic file that includes all of the information required in section 861. The file must be submitted in accordance with the timeline, format, and instructions provided by the contractor(s).
(d) If the testing materials are lost or destroyed while in the possession of the school district, and the contractor provides the school district with replacement materials, the school district is responsible for the cost of all replacement materials.
(e) If the school district places an order for tests for any school that is excessive, the school district is responsible for the cost of materials for the difference between the sum of the number of pupil tests submitted for scoring including tests for non-tested pupils and 90 percent of the materials ordered. In no event shall the cost to the school district for replacement or excessive materials exceed the amount per test booklet and accompanying material that is paid to the contractor by the CDE as part of the contract for the current year.
NOTE
Authority cited: Sections 33031 and 60605, Education Code. Reference: Sections 60605, 60640 and 60643, Education Code.
HISTORY
1. New section filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15).
3. Amendment filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-14-2000 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4-14-2000 and filed 5-26-2000 (Register 2000, No. 21).
5. Amendment of subsections (a), (a)(7) and (d) filed 11-27-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-27-2000 order transmitted to OAL 3-28-2001 and filed 5-9-2001 (Register 2001, No. 19).
7. Amendment of section and Note filed 8-22-2005; operative 9-21-2005 (Register 2005, No. 34).
8. Amendment filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45).
9. Amendment of section and Note filed 4-13-2011; operative 5-13-2011 (Register 2011, No. 15).
Note • History
(a) Upon arrival of the test materials at a single location designated by each school district, the district STAR coordinator shall provide the contractor with a signed receipt certifying that all cartons were received.
(b) The security of the test materials that have been duly delivered to the school district is the sole responsibility of the school district until all test materials have been inventoried, accounted for, and delivered to the common or private carrier designated by the contractor for return to the contractor.
(c) Secure transportation within a school district is the responsibility of the school district once materials have been duly delivered to the school district. The school district is responsible for secure delivery of test materials to non-public schools.
NOTE
Authority cited: Sections 33031 and 60605, Education Code. Reference: Section 60640, Education Code.
HISTORY
1. New section adopted by the State Board of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-5-98 order transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
4. Amendment of subsection (a) filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-14-2000 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4-14-2000 and filed 5-26-2000 (Register 2000, No. 21).
6. Amendment of section and Note filed 8-22-2005; operative 9-21-2005 (Register 2005, No. 34).
7. Amendment of subsections (a) and (c) filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45).
§866. School District Delivery.
Note • History
(a) No school district shall receive its standards-based achievement test or primary language test materials, if any, more than twenty or fewer than ten working days prior to the first day of testing in the school district. A school district that has not received test materials from the test contractor at least ten working days before the first date of testing in the school district shall notify the test contractor and the CDE on the tenth working day before testing is scheduled to begin that the school district has not received its materials. Deliveries of test materials to single school districts shall use the schedule in section 867.
(b) A school district and the contractor shall establish a periodic delivery schedule to accommodate all test administration periods within the school district. Any schedule established must conform to sections 866(a) and (b) for each test administration period.
(c) No school district shall receive its writing test materials more than ten or fewer than five working days before the day on which the writing portion of the English-language arts tests are to be administered.
NOTE
Authority cited: Sections 33031 and 60605, Education Code. Reference: Sections 60605, 60640, 60642.5 and 60643, Education Code.
HISTORY
1. New section adopted by the State Board of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-5-98 order, including amendment of subsection (a), transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
4. Amendment of subsection (a), repealer of subsection (b) and subsection relettering filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15).
6. Amendment of section and Note filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-14-2000 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4-14-2000 and filed 5-26-2000 (Register 2000, No. 21).
8. Amendment filed 11-27-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 11-27-2000 order, including further amendment of subsection (b), transmitted to OAL 3-28-2001 and filed 5-9-2001 (Register 2001, No. 19).
10. Amendment of section and Note filed 8-22-2005; operative 9-21-2005 (Register 2005, No. 34).
12. Amendment filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45).
13. Amendment of section and Note filed 4-13-2011; operative 5-13-2011 (Register 2011, No. 15).
§867. Test Site Delivery and Return.
Note • History
(a) No school or other test site shall receive any designated achievement test, standards-based tests, or designated primary language test or related test materials more than ten or fewer than five working days prior to the first day of testing scheduled at the school or test site.
(b) All testing materials shall be returned to the school district location designated by the district STAR coordinator no more than two working days after testing is completed for each test administration period.
(c) No school or other test site shall receive any writing test materials more than six or fewer than two working days before the test administration date.
(d) Writing test materials shall be returned to the district STAR coordinator no more than one day after the day scheduled for makeup testing.
NOTE
Authority cited: Sections 33031 and 60605, Education Code. Reference: Sections 60640 and 60642.5, Education Code.
HISTORY
1. New section adopted by the State Board of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-5-98 order transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
4. Amendment of subsections (b)-(c) filed 11-27-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-27-2000 order, including further amendment of subsection (c), transmitted to OAL 3-28-2001 and filed 5-9-2001 (Register 2001, No. 19).
6. Amendment of section heading, section and Note filed 8-22-2005; operative 9-21-2005 (Register 2005, No. 34).
7. Amendment filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45).
§867.5. Retrieval of Materials by Contractor.
Note • History
(a) The school district shall ensure that designated achievement test, standards-based tests, or designated primary language testing materials are inventoried, packaged, and labeled in accordance with instructions from the contractor, and returned to a single school district location for pickup by the contractor within five working days following completion of testing in the school district and in no event later than five working days after each test administration period.
(b) School districts shall return all writing tests and test materials to the contractor no more than two working days after the makeup day specified for the writing test.
NOTE
Authority cited: Sections 33031 and 60605, Education Code. Reference: Sections 60640, 60642.5 and 60643, Education Code.
HISTORY
1. New section filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15).
3. Repealer of subsection (a) designator, repealer of subsection (b) and amendment of Note filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-14-2000 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4-14-2000 and filed 5-26-2000 (Register 2000, No. 21).
5. Amendment filed 11-27-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-27-2000 order, including further amendment of section, transmitted to OAL 3-28-2001 and filed 5-9-2001 (Register 2001, No. 19).
7. Amendment of section heading, section and Note filed 8-22-2005; operative 9-21-2005 (Register 2005, No. 34).
8. Amendment filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45).
§868. Discrepancy Resolution for Standards-Based Achievement Tests and Any Primary Language Test.
Note • History
(a) School districts shall process discrepancies determined by the contractor(s) upon receipt of returned tests and test materials pursuant to this subdivision:
(1) Receipt of a discrepancy notice in writing, via telephone, or via electronic mail by the district STAR coordinator for one or more of the following shall require a response from the district STAR coordinator to the contractor within 24 hours.
(A) A discrepancy between the quantity of tests and test materials shipped to the school district and the number of tests and test materials returned to the contractor from the school district.
(B) Information on scannable documents or test support materials that is inconsistent, incomplete, or missing, according to criteria established with the CDE.
(2) The district STAR coordinator shall acknowledge the discrepancy notice via electronic mail, if available in the school district, to the contractor and to the CDE within 24 hours of its receipt via electronic mail.
(b) The district STAR coordinator shall report any discrepancy in the total amount of the shipment from the contractor within two working days of the receipt of the shipment. If the contractor does not remedy the discrepancy within two working days of the school district report, the school district shall notify the CDE within 24 hours.
(c) Any discrepancy in a shipment of standards-based achievement tests or test materials or primary language test or test materials received by a test site from the district STAR coordinator shall be reported to the district STAR coordinator immediately but no later than two working days of the receipt of the shipment at the testing site. The district STAR coordinator shall remedy the discrepancy within two working days.
(d) The district STAR coordinator shall report to the contractor any discrepancy reported by a STAR test site coordinator within three working days of receipt of materials at the test site. If the district STAR coordinator does not have a sufficient supply of tests or test materials to remedy any shortage, the contractor shall remedy the shortage by providing sufficient materials directly to the test site within two working days of the notification by the district STAR coordinator.
(e) The notices required by this section shall be made by telephone with simultaneous confirmation in writing and by electronic mail.
NOTE
Authority cited: Sections 33031 and 60605, Education Code. Reference: Sections 60605, 60640 and 60643, Education Code.
HISTORY
1. New section adopted by the State Board of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-5-98 order, including amendment of subsections (c) and (d), transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
4. Amendment of section and Note filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-14-2000 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4-14-2000 and filed 5-26-2000 (Register 2000, No. 21).
6. Amendment of subsection (c) filed 11-27-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 11-27-2000 order transmitted to OAL 3-28-2001 and filed 5-9-2001 (Register 2001, No. 19).
8. Amendment of section heading, section and Note filed 8-22-2005; operative 9-21-2005 (Register 2005, No. 34).
9. Amendment of section heading and section filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45).
10. Amendment of section heading, subsections (a)(1)(B)-(c) and Note filed 4-13-2011; operative 5-13-2011 (Register 2011, No. 15).
§869. Performance of Designated Achievement Test Publisher. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031 and 60605(g) and (h), Education Code. Reference: Section 60643, Education Code.
HISTORY
1. New section adopted by the State Board of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-5-98 order transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
4. Amendment of section heading and section filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-26-98 order, including further amendment of section, transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15).
6. Repealer filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-14-2000 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4-14-2000 and filed 5-26-2000 (Register 2000, No. 21).
§870. Apportionment to School Districts. [Renumbered]
Note • History
NOTE
Authority cited: Sections 33031 and 60605, Education Code. Reference: Sections 60640 and 60643, Education Code.
HISTORY
1. New section adopted by the State Board of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-5-98 order, including amendment of subsection (a)(2)(A), transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
4. Repealer of subsections (b)-(b)(2)(E) and subsection relettering filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15).
6. Amendment of section heading and section filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-14-2000 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4-14-2000 and filed 5-26-2000 (Register 2000, No. 21).
8. Amendment of subsection (a), redesignation and amendment of former subsection (b)(1) as subsection (b) and repealer of subsection (b)(2) filed 11-27-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 11-27-2000 order transmitted to OAL 3-28-2001 and filed 5-9-2001 (Register 2001, No. 19).
10. Amendment of section and Note filed 8-22-2005; operative 9-21-2005 (Register 2005, No. 34).
11. Amendment filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45).
12. Renumbering of former section 870 to section 862.5 filed 4-13-2011; operative 5-13-2011 (Register 2011, No. 15).
§871. Payment of Publisher. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031 and 60605(g) and (h), Education Code. Reference: Sections 60640 and 60643, Education Code.
HISTORY
1. New section adopted by the State Board of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-5-98 order, including amendment of section, transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
4. Amendment filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-26-98 order, including firther amendment of section, transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15).
6. Repealer filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-14-2000 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4-14-2000 and filed 5-26-2000 (Register 2000, No. 21).
§872. Performance Bond. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031 and 60605(g) and (h), Education Code. Reference: Sections 60640-60643 and 60646, Education Code.
HISTORY
1. New section adopted by the State Board of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-5-98 order, including amendment of subsection (b), transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
4. Repealer filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-14-2000 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4-14-2000 and filed 5-26-2000 (Register 2000, No. 21).
§873. Standard Agreement Form for the Designated Achievement Test. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031 and 60605(g) and (h), Education Code. Reference: Section 60643, Education Code.
HISTORY
1. New section adopted by the Department of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-5-98 order, including amendment of subsections II., III., VI., X-XII., XIV. and XIX. and amendment of Note, transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
4. Amendment filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-26-98 order, including further amendment of section, transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15).
6. Repealer filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-14-2000 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4-14-2000 and filed 5-26-2000 (Register 2000, No. 21).
§874. Delivery Schedule and Order Form. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031 and 60605(g) and (h), Education Code. Reference: Section 60643, Education Code.
HISTORY
1. New section adopted by the State Board of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of subsection 3. (Register 98, No. 42).
4. Certificate of Compliance as to 5-5-98 order, including amendment of section, transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
5. Repealer filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15).
§875. School District Liability. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031 and 60605(g) and (h), Education Code. Reference: Sections 60603(j), 60604(a) and 60613, Education Code.
HISTORY
1. New section filed 10-14-98; operative 10-14-98 (Register 98, No. 42).
2. Repealer filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15).
Article 2.5. Golden State Seal Merit Diploma
§876. Golden State Seal Merit Diploma.
Note • History
For the purposes of the Golden State Seal Merit Diploma:
(a) “Demonstration of mastery” or “demonstrate mastery” means earning a scaled score of 370 or above on a California Standards Test (CST), as set forth in Education Code Section 60642.5, or a performance level of recognition, honors, or high honors on a Golden State Examination (GSE).
(b) Mastery must be demonstrated on six separate GSEs or high school level CSTs, not including the Algebra I CST, General Mathematics CST, and Integrated Mathematics 1 CST.
(c) Students may not use both a CST and the GSE in the same course of study to demonstrate mastery of the curriculum under Education Code Section 51452.
NOTE
Authority cited: Sections 33031, 51450 and 51451, Education Code. Reference: Sections 51450, 51451 and 51452, Education Code.
HISTORY
1. New section filed 4-22-2004; operative 4-22-2004 pursuant to Government Code section 11343.4(c) (Register 2004, No. 17).
Article 3. Designated Primary Language Test [Repealed]
HISTORY
1. New article 3 (sections 880-904) and section filed 1-4-99 as an emergency; operative 1-4-99 (Register 99, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-4-99 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-4-99 order transmitted to OAL 5-4-99 and filed 6-14-99 (Register 99, No. 25).
3. Amendment of subsection (c) filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-14-2000 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4-14-2000 and filed 5-26-2000 (Register 2000, No. 21).
5. Amendment of subsection (a) filed 11-27-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-27-2000 order transmitted to OAL 3-28-2001 and filed 5-9-2001 (Register 2001, No. 19).
7. Repealer of article 3 (sections 880-904) filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45). For prior history of article 3, see Register 2000, No. 21.
Subchapter 3.8. Quality Education Investment Act of 2006 [Repealed]
HISTORY
1. New subchapter 3.8 (sections 1000-1000.7) and section filed 2-8-2007 as an emergency; operative 2-8-2007 (Register 2007, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-2007 or emergency language will be repealed by operation of law on the following day.
2. Repealer of subchapter 3.8 (sections 1000-1000.7) by operation of Government Code section 11346.1(g) (Register 2007, No. 39).
Subchapter 4. Statewide Testing of Pupils and Evaluation Procedures*
*For “vision screening” testing for pupils, see Sections 590-596.
Article 1. Achievement Testing Programs
§1020. Definitions. [Repealed]
History
HISTORY
1. Repealer filed 7-20-73; effective thirtieth day thereafter (Register 73, No. 29). For prior history, see Register 71, No. 30.
2. Repealer of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Note • History
(a) Each pupil in grade 1 shall be given the entry level test adopted or developed by the State Board of Education (SBE) at a time specified by the California Department of Education (CDE), but not later than the third month of attendance in the first grade.
(b) Each pupil in grades 3, 6, and 12 shall be given the achievement test adopted or developed for the respective grade by the SBE at the times designated for each grade by the CDE.
(c) The adopted tests shall be administered to pupils by school districts in accordance with procedures established by the CDE for the tests. Test answer sheets shall be submitted to the CDE for scoring on dates specified and according to procedures established by the CDE for each grade.
(d) After the tests have been given, the school principal shall certify that the tests were given in accordance with the procedures established for the test, and that all answer sheets have been returned to the CDE for scoring.
(e) In nongraded primary sections, pupils shall be certified as first or third grade pupils for purposes of official enrollment, and are deemed, for purposes of this article, to be enrolled in the respective grade for which they are so certified.
(f) Pupils enrolled in grades 1, 3 and 6 in a school maintaining a year-round program shall be tested when they have completed approximately the same number of weeks of school as pupils who are in regular programs.
NOTE
Authority cited: Sections 33031, 54103, 60602, 60603, 60607 and 60640, Education Code. Reference: Sections 60600-60614 and 60640-60644, Education Code.
HISTORY
1. New NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39). For prior history see Register 74, No. 52.
2. Repealer and new section filed 11-29-79; effective thirtieth day thereafter (Register 79, No. 48).
3. Change without regulatory effect amending subsections (a)-(d) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
History
Scores for individual pupils on these tests shall not be used by school districts or teachers for individual diagnosis or placement, or as a basis for any other decisions which would affect the pupil's school experience. Scores from these tests shall not in any manner be included on a pupil's cumulative school record.
HISTORY
1. Amendment filed 12-26-74; effective thirtieth day thereafter (Register 74, No. 52).
§1023. Security of Test Material.
History
In order to afford protection to the security and reliability of the tests given pursuant to this article, all officers and employees of the district and other persons concerned with the state testing program shall take all reasonable precautions to prevent pupils from learning in advance of the specific content of the tests.
HISTORY
1. Amendment filed 12-26-74; effective thirtieth day thereafter (Register 74, No. 52).
Note • History
No practice exercises other than those specifically designated or approved by the California Department of Education shall be given to pupils in preparation for the testing program or in the particular test used.
NOTE
Authority cited: Sections 33031, 60603 and 60640, Education Code. Reference: Sections 60600-60614 and 60640-60644, Education Code.
HISTORY
1. New section filed 11-29-79; effective thirtieth day thereafter (Register 79, No. 48).
2. Change without regulatory effect amending section and Note filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§1024. Responsibility of the County Superintendent of Schools.
Note • History
The county superintendent is requested to cooperate with and give assistance to each school district under his jurisdiction which seeks such assistance from him in carrying out duties imposed on it by Chapter 5 of Part 33 of Division 4 of Title 2 of the Education Code. In addition for any district which does not have a district superintendent, the county superintendent shall make certain that the tests are administered in accordance with these regulations and with the instructions and testing procedures developed for the tests.
NOTE
Authority cited: Sections 33031, 60603, 60640, Education Code. Reference: Sections 60600-60614 and 60640-60644, Education Code.
HISTORY
1. Amendment filed 9-25-69; effective thirtieth day thereafter (Register 69, No. 39).
2. Amendment filed 12-26-74; effective thirtieth day thereafter (Register 74, No. 52).
3. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
4. Amendment filed 11-29-79; effective thirtieth day thereafter (Register 79, No. 48).
Note • History
Each school district superintendent shall furnish to the California Department of Education (CDE) such other pupil and school information that is requested by the CDE in order to carry out the provisions of Chapter 5 of Part 33 of Division 4 of Title 2 of the Education Code and to properly analyze and evaluate the test results as required by sections 60604.5 and 60660 of the Education Code.
NOTE
Authority cited: Sections 33031, 60603 and 60640, Education Code. Reference: Sections 60600-60614 and 60640-60644, Education Code.
HISTORY
1. New section filed 12-26-74; effective thirtieth day thereafter (Register 74, No. 52).
2. Amendment of section and repealer of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Amendment filed 11-29-79; effective thirtieth day thereafter (Register 79, No. 48).
4. Change without regulatory effect amending section and Note filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§1026. Reporting Test Results. [Repealed]
Note • History
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 60607 and 60640, Education Code.
HISTORY
1. New section filed 12-26-74; effective thirtieth day thereafter (Register 74, No. 52).
2. Amendment filed 9-27-76; effective thirtieth day thereafter (Register 76, No. 40).
3. Repealer of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
4. Repealer filed 11-29-84; effective thirtieth day thereafter (Register 84, No. 48).
Article 1.5. Education Improvement Incentive Program
§1030. Computation of Change in a School's Performance.
Note • History
(a) The formula in subdivision (b) shall be applied by the California Department of Education to all secondary schools eligible to compete in the Education Improvement Incentive Program and whose performance in the prior fiscal year has decreased from that in the next preceding fiscal year. All schools with a 12th grade enrollment of 50 students or fewer and all continuation education schools are excluded from the computation.
(b) The formula:
(1) Subtract the school's prior year composite score on the California Assessment Program (CAP) from the current year score to compute a change score.
(2) Regress the number of students tested in CAP and the square of the number of students tested onto the change score using a standard multiple regression procedure.
(3) Using the results of the multiple regression, compute a predicted change score.
(4) Subtract the actual change score obtained by the school from the predicted change score to obtain a residual.
(5) Studentize the residual to have a mean of zero and a standard deviation of 1.
(6) Identify those schools which have a studentized residual equal to or less than minus 1.5. A studentized residual is the ratio of the residual to its standard error after the model has been fit and predicted change scores and residuals calculated. The predicted change scores are calculated from the estimated regression equation. The residuals are calculated as actual minus predicted.
(7) For those schools identified in paragraph (6) of this subdivision, the incentive award for the current year shall be based on the improvement in performance between the current year and the 1983-84 fiscal year or the fiscal year in which the school first participated in the incentive program.
(c) Any school whose incentive award is adversely affected by a calculation pursuant to subdivision (b) may appeal to the State Superintendent of Public Instruction.
NOTE
Authority cited: Sections 33031 and 54653.6, Education Code. Reference: Section 54653.6, Education.
HISTORY
1. New section filed 5-1-87; operative 5-31-87 (Register 87, No. 20).
2. Change without regulatory effect amending subsections (a), (b)(7) and (c) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
Article 1.6. Immediate Intervention/Underperforming Schools Program (II/USP) and High Priority Schools Grant Program (HPSGP): Definition of Significant Growth and Criteria to Determine Academic Growth for II/USP and HPSGP Schools Without Valid API's
§1030.5. Definition of Significant Growth for II/USP Schools.
Note • History
A school participating in the Immediate Intervention/Underperforming Schools Program (II/USP) of Education Code sections 52053 through 52055.55 achieves “significant growth” as that term is used in Education Code sections 52055.5 and 52055.55 when its schoolwide Academic Performance Index (API) growth is greater than zero and the school does not achieve its API growth target pursuant to Education Code section 52052(c).
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 52052, 52053, 52054, 52055.5 and 52055.55, Education Code.
HISTORY
1. New article 1.6 (sections 1030.5-1030.8) and section filed 7-28-2005; operative 8-27-2005 (Register 2005, No. 30).
§1030.6. Criteria to Demonstrate Significant Growth for II/USP Schools Without Valid APIs.
Note • History
Schools participating in the II/USP without a valid API score pursuant to Education Code section 52052(f) demonstrate academic growth equivalent to significant growth for purposes of Education Code sections 52055.5 and 52055.55 when the weighted average percent proficient across all California Standards Tests in (a) English/language arts and (b) mathematics increased by at least one percentage point from the prior year to the year in which they have an invalid score. For purposes of this calculation, there shall be no rounding (e.g., 0.99 does not round up to 1.00).
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 52052, 52053, 52054, 52055.5 and 52055.55, Education Code.
HISTORY
1. New section filed 7-28-2005; operative 8-27-2005 (Register 2005, No. 30).
§1030.7. Definition of Significant Growth for HPSGP Schools.
Note • History
(a) A school participating in the High Priority Schools Grant Program (HPSGP) of Education Code sections 52055.600 through 52055.662 achieves “significant growth” as that term is used in Education Code sections 52055.650 when its combined growth is equal to or greater than ten Academic Performance Index (API) points on the API over the last three years it participates in the program and also achieves positive API growth in two of the last three years.
(b) A school without a valid API score pursuant to Education Code section 52052(f) in any year of participation in the program demonstrates positive API growth for that year when the school's weighted average percent proficient increases by at least one percentage point from the prior year across all California Standards Tests in (a) English/language arts, and (b) mathematics. For purposes of this calculation, there shall be no rounding (e.g. 0.99 does not round up to 1.00).
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 52052, 52055.600, 50255.640, 52055.645 and 52055.650, Education Code.
HISTORY
1. New section filed 7-28-2005; operative 8-27-2005 (Register 2005, No. 30).
2. Designation of existing section as subsection (a) and new subsection (b) filed 8-15-2006; operative 9-14-2006 (Register 2006, No. 33).
§1030.8. Criteria to Demonstrate Academic Growth Equivalent to Significant Growth for HPSGP Schools Without Valid APIs.
Note • History
A school without a valid API in at least one year that does not demonstrate significant growth as defined in section 1030.7, demonstrates academic growth equivalent to significant growth for purposes of Education Code section 52055.650 when the school's weighted average percent proficient across all California Standards Tests in (a) English/language arts and (b) mathematics increased by at least two percentage points over the prior three year period. For purposes of this calculation, there shall be no rounding (e.g., 0.99 does not round up to 1.00).
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 52052, 52055.600, 50255.640, 52055.645 and 52055.650, Education Code.
HISTORY
1. New section filed 7-28-2005; operative 8-27-2005 (Register 2005, No. 30).
2. Amendment of section heading and section filed 8-15-2006; operative 9-14-2006 (Register 2006, No. 33).
Article 1.7. Award Programs Linked to the Academic Performance Index (API)
§1031. Intent of the Regulations.
Note • History
(a) The Academic Performance Index (API) measures the performance of California public schools, especially the academic performance of pupils, and demonstrates comparable improvement in academic achievement by all numerically significant ethnic and socioeconomically disadvantaged subgroups within schools pursuant to Education Code section 52052 and the Framework for The Academic Performance Index, July 1999 and The 1999 Base Year Academic Performance Index, December 15, 1999, which are incorporated herein.
(b) The purpose of Article 1.7 is to implement the programs established by two statutes relating to the API:
(1) The Governor's Performance Award Program of the Public Schools Accountability Act of 1999 (Education Code sections 52050 et seq.).
(2) The Certificated Staff Performance Incentive Act (Education Code sections 44650 et seq.).
NOTE
Authority cited: Sections 33031, 44650(b) and 52057(a), Education Code. Reference: Sections 44650-44652, 44654(b), 52052 and 52057, Education Code.
HISTORY
1. New article 1.7 (sections 1031-1038) and section filed 12-28-2000 as an emergency; operative 12-28-2000 (Register 2000, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-27-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-28-2000 order, including amendment of subsection (b), transmitted to OAL 4-27-2001 and filed 6-11-2001 (Register 2001, No. 24).
3. Amendment of subsection (b), repealer of subsection (b)(3) and amendment of Note filed 1-8-2002; operative 1-8-2002 (Register 2002, No. 2).
§1032. General Eligibility Criteria for Award Programs Related to API Growth.
Note • History
(a) For purposes of this Article, “schools” shall be defined as all schools, including charter schools, that receive a ranking on the API including schools participating in the Immediate Intervention/Underperforming Schools Program. These schools are eligible to participate in the award programs identified in Section 1031.
(b) For the purposes of these award programs, the API shall be the measure of accountability for all schools, except those that fall under the alternative accountability system, once such a system is adopted by the State Board of Education as required by Education Code section 52052(g). The Superintendent of Public Instruction will develop an alternative accountability system for schools with fewer than 100 valid test scores, schools that fall under the jurisdiction of a county board of education or a county superintendent of schools, community day schools, and alternative schools, including continuation high schools and independent study schools.
Alternative schools may elect to be part of the API accountability system for the purposes of awards and interventions pursuant to the API. If the school elects to be part of the API accountability system, the school shall remain in the system for at least the three subsequent years.
(c) For the purposes of these award programs, growth API means the API in the second year of two consecutive years for which the API is calculated.
(d) In 2001 and subsequent years, a school's API shall be considered invalid under any of the following circumstances:
(1) The local educational agency notifies the California Department of Education (department) that there were adult testing irregularities at the school affecting 5% or more of the pupils tested.
(2) The local educational agency notifies the department that the API is not representative of the pupil population at the school.
(3) The local educational agency notifies the department that the school has experienced a significant demographic change in pupil population between the base year and growth year, and that the API between years is not comparable.
(4) The school's proportion of parental waivers compared to its Standardized Testing and Reporting Program (STAR) enrollment, pursuant to Education Code section 60640 et seq., is equal to or greater than 15 percent for the 2000 STAR. For the 2001 STAR and each subsequent STAR, the school's proportion of parental waivers compared to its STAR enrollment is equal to or greater than 10 percent, except when the school's proportion of parental waivers compared to its STAR enrollment is equal to or greater than 10 percent but less than 20 percent. In this case, the department will conduct standard statistical tests to determine whether the pupils tested at the school represent the school's pupils by grade level. If the standard statistical tests demonstrate that the pupils tested represent the school's pupils, then the school's API shall be considered valid. If the standard statistical tests demonstrate that the pupils tested do not represent the school's pupils, then the school's API shall be considered invalid. There shall be no rounding in determining this minimum parental waiver proportion (i.e., 9.99 percent is not 10 percent).
(5) In any content area tested pursuant to Education Code sections 60642 and 60642.5 and included in the API, the school's proportion of the number of test-takers in that content area compared with the total number of test-takers is less than 85 percent. There shall be no rounding in determining the proportion of test-takers in each content area (i.e., 84.99 percent is not 85 percent).
(6) If, at any time, information is made available to or obtained by the department that would lead a reasonable person to conclude that one or more of the preceding circumstances occurred. If after reviewing the information, the department determines that further investigation is warranted, the department may conduct an investigation to determine if the integrity of the API has been jeopardized.
The department may invalidate or withhold the school's API until such time that the department has satisfied itself that the integrity of the API has not been jeopardized.
(e) If a school's API is considered invalid pursuant to subdivisions (d)(1), (d)(2), (d)(4), or (d)(5), the school is ineligible for participation in any of the award programs for the current and subsequent year. If a school does not receive an API pursuant to subdivision (d)(3), the school is ineligible for participation in any of the award programs for the current year only.
(f) If fewer than 5% of the pupils tested are affected by adult testing irregularities, the school will receive a valid API, however, the school is not eligible for participation in any of the award programs for the current year.
(g) All schools that have an API score increase of at least 5% of the difference between the school's prior year score and 800 or an API score increase of five points, whichever is greater, and have comparable improvement as defined in subdivision (h), and meet the minimum participation rate in subdivision (i), shall be recognized through the Governor's Performance Award Program.
(h) Comparable improvement for numerically significant ethnic or socioeconomically disadvantaged subgroups pursuant to Education Code section 52052(a) shall be defined as an API score increase of at least 80% of the school's API growth target as established pursuant to Education Code section 52052 except when the sum of a subgroup's growth target and the subgroup's API is greater or equal to 800. In these cases, comparable improvement shall be defined as the distance from the subgroup's API to 800. In no case shall comparable improvement be less than 4 points.
(i) For elementary and middle schools, the minimum participation rate for the awards programs shall be 95 percent; for high schools, it shall be 90 percent, with the intention of increasing this rate to 95 percent in the future.
(1) If the test publisher determines, for grades 2 to 11, that a pupil did attempt to take any content area tested pursuant to Education Code sections 60642 and 60642.5 and included in the API, the pupil shall be counted as a test-taker.
(2) No pupil shall be counted more than once as a test-taker.
(3) The participation rate shall be calculated as follows:
(A) Divide the total number of test-takers in grades 2-11 at the school site by
(B) The total enrollment in grades 2-11 minus the number of pupils exempted from taking the test either by their Individualized Education Program (IEP) pursuant to Education Code section 60640(e) or parental waivers pursuant to Education Code section 60615.
(4) For purposes of subdivision (3)(B) above, enrollment shall be determined by the enrollment information collected by the department as part of the Standardized Testing and Reporting Program (STAR), pursuant to Education Code sections 60640 et seq.
(5) In the case of pupil testing irregularities, the scores of affected pupils shall be eliminated from the calculations of the school's growth API, although the pupils are counted as tested and shall contribute to the school's participation rate.
(6) There shall be no rounding in determining this minimum participation rate (i.e., 94.9 percent does not equal 95 percent).
(j) The department will publish on its web site a report of STAR testing and demographic data used in the calculation and reporting of the API. Prior to publishing the report on its web site, the department will announce the report in writing and/or by electronic communication to each local educational agency that appears in the API report. The local educational agency must notify the department and the test publisher via e-mail or in writing whether there are errors in the STAR testing or demographic data. The local education agency's notification must be received by the department and the test publisher within thirty (30) calendar days of the initial date of publication of the STAR testing and demographic data on the department's web-site. The local educational agency must submit all data corrections to the test publisher in writing or e-mail. The test publisher shall specify a deadline for submittal of the data corrections that is no less than forty-five (45) calendar days after the date of publication of the STAR testing and demographic data.
(k) The criteria for awards eligibility based on the 2001 growth API for a school that had its 2000 API invalidated solely because of excessive parental waivers pursuant to subdivision (d)(4) or for a school whose school district obtained a State Board of Education waiver of Section 1032(c) on their behalf will be (1) twice the school's 1999 growth target or 10 points, whichever is greater, and (2) comparable improvement for numerically significant ethnic or socioeconomically disadvantaged subgroups pursuant to Education Code section 52052(a), and the school has met all other 2001 eligibility criteria. Comparable improvement shall be defined as twice the 1999 subgroup target for each subgroup, except when the sum of a subgroup's 1999 growth target and the subgroup's 1999 API is greater than or equal to 800. In these cases, comparable improvement shall be defined as two times the distance from the subgroup's 1999 API to 800. In no case shall comparable improvement be less than 8 points. While being eligible for the Governor's Performance Awards, such a school would not be eligible for awards under the Certificated Staff Performance Incentive Act (Education Code sections 44650 et seq.).
NOTE
Authority cited: Sections 33031, 44650(b) and 52057(a), Education Code. Reference: Sections 44650-44652, 44654(b), 52052 and 52057, Education Code.
HISTORY
1. New section filed 12-28-2000 as an emergency; operative 12-28-2000 (Register 2000, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-27-2001 or emergency language will be repealed by operation of law on the following day.
2. New subsection (d)(4) and subsection renumbering filed 1-30-2001 as an emergency; operative 1-30-2001 (Register 2001, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-30-2001 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-28-2000 and 1-30-2001 orders, including further amendments, transmitted to OAL 4-27-2001 and filed 6-11-2001 (Register 2001, No. 24).
4. Amendment of subsections (d)(4), (d)(6) and (h)(1) and new subsection (j) filed 8-2-2001 as an emergency; operative 8-2-2001 (Register 2001, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-30-2001 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section heading and new subsection (i) filed 11-15-2001; operative 11-15-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 46).
6. Certificate of Compliance as to 8-2-2001 order, including further amendment of section and Note, transmitted to OAL 11-21-2001 and filed 1-8-2002 (Register 2002, No. 2).
§1033. Award Funding Criteria for Governor's Performance Award Program.
Note • History
(a) Schools that meet the eligibility requirements in 2000-01 for the Governor's Performance Award Program (GPA) shall receive a per pupil award amount for each of their eligible pupils. Eligible pupils are those who received a score on any subject matter area test (Total Reading, Total Math, Language, Spelling, Science, or Social Science) of the nationally normed test pursuant to Education Code section 60642 and a score on any standards-based achievement test pursuant to Education Code section 60642.5. A score on the nationally normed test pursuant to Education Code section 60642 can be a percentile, the number correct, a scale score, or a normal curve equivalent. A score on the standards-based achievement test pursuant to Education Code section 60642.5 is defined as the performance level.
(b) The amount allocated for this award shall be determined on a prorata basis from the total amount of funding available in the annual State Budget.
NOTE
Authority cited: Sections 33031 and 52057(a), Education Code. Reference: Section 52057, Education Code.
HISTORY
1. New section filed 12-28-2000 as an emergency; operative 12-28-2000 (Register 2000, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-27-2001 or emergency language will be repealed by operation of law on the following day.
2. Amendment of subsections (a)(3) and (b) and new subsections (b)(1)-(5) filed 1-30-2001 as an emergency; operative 1-30-2001 (Register 2001, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-30-2001 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-28-2000 and 1-30-2001 orders, including new subsection (b)(6), transmitted to OAL 4-27-2001 and filed 6-11-2001 (Register 2001, No. 24).
4. Amendment of section heading and subsection (a), repealer of subsections (a)(1)-(3), redesignation and amendment of former subsection (a)(4) as subsection (b), renumbering of former subsections (b)-(b)(6) to section 1034, subsections (b)-(c) and new Note filed 1-8-2002; operative 1-8-2002 (Register 2002, No. 2).
§1034. Specific Eligibility Criteria for the Certified Staff Performance Incentive Act.
Note • History
(a) To be eligible to receive awards under the Certified Staff Performance Incentive Act, school sites must have attained a statewide decile rank of 1-5 in the base year of the current growth API and must meet all of the relevant statutory requirements and each of the following requirements:
(1) Each school site must have improved by a minimum of two times its annual growth target on its API between the base year and the current growth year.
(2) All numerically significant ethnic or socioeconomically disadvantaged subgroups pursuant to Education Code section 52052(a) at a school must have improved by a minimum of two times their annual growth targets, except when the sum of a subgroup's growth target and the subgroup's API is greater than or equal to 800. In these cases, comparable improvement shall be defined as two times the distance from the subgroup's API to 800. In no case shall comparable improvement be less than 8 points.
(3) Each school site shall have the required participation rate for the current growth API, pursuant to Section 1032(i), as calculated by the California Department of Education. Each school must have been eligible for API awards in the year preceding the current API growth year.
(4) The local educational agency must complete an application on behalf of its eligible schools, which shall include:
(A) Certification that the data used in the API calculations from the schools is accurate, and
(B) The number of certificated positions on an FTE basis at each of the eligible schools pursuant to subdivision (b) below.
(b) To participate in the Certificated Staff Performance Incentive Act (CSPIA) awards, school districts and charter schools shall certify, as appropriate, the number of full-time equivalent (FTE) certificated employees employed by the school district or charter school, whether still resident in the school district or not, as of the second principal apportionment for the year in which the award was earned at each school site under their jurisdiction that is eligible for awards in accordance with Education Code section 44651.
(1) The “number of full-time equivalent (FTE) certificated employees employed by the school district or charter school, whether still resident in the school district or not, as of the second principal apportionment” shall be defined as the number of funded certificated FTE positions at the school site as of the date established annually by the department pursuant to Education Code sections 41335 and 41601 for the submission by school districts of the attendance documents necessary for the department to prepare the second principal apportionment.
(2) “Employees at the school site” shall be defined as positions filled by individuals employed by the school district or charter school at least 50 percent of the school year in which the award was earned, and who spent at least 50 percent of his/her total annual work hours at school sites, and who spent at least 20 percent of his/her total annual work hours at the eligible school site working with pupils in any of grades K-12. County office of education and state employees are not eligible to participate.
(3) “Full-time equivalent (FTE) positions” may include “full-time” and “part-time” positions. A “full-time” certificated position shall be defined as a position filled by a person that is required to work a minimum of a six hour work day. Workdays longer than six hours, if in accordance with local collective bargaining agreements, should be used as the basis for “full-time” and “part-time” FTE calculation. One person cannot generate more than one FTE position. Part-time positions shall generate a partial FTE on a proportional basis.
(4) “Certificated employee” shall be defined as an employee in a position requiring certification and who holds a document issued by the California Commission on Teacher Credentialing authorizing service in the public schools of California.
(5) “Document” shall be defined as a credential, emergency permit, or waiver issued by the California Commission on Teacher Credentialing.
(c) Starting in 2001-02, the deadline for submitting the application, including the certification of FTEs to the department shall be within the close of business on the 45th calendar day after the department's posting on its website of the certified list of schools eligible to receive the Certificated Staff Performance Incentive Act award. If a school's application is not received by the department by the deadline, the school will not receive the award.
NOTE
Authority cited: Sections 33031, 44650(b) and 52057(a), Education Code. Reference: Sections 44650-44652 and 44654(b), Education Code.
HISTORY
1. New section filed 12-28-2000 as an emergency; operative 12-28-2000 (Register 2000, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-27-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-28-2000 order, including amendment of subsection (d)(3), transmitted to OAL 4-27-2001 and filed 6-11-2001 (Register 2001, No. 24).
3. Repealer of former section 1034, new subsections (a)-(a)(4)(B), and renumbering and amendment of former section 1033, subsections (b)-(b)(6) to section 1034, subsections (b)-(c) filed 1-8-2002; operative 1-8-2002 (Register 2002, No. 2).
§1035. Award Funding Criteria for Certificated Staff Performance Incentive Act.
Note • History
Distribution of Certificated Staff Performance Incentive Act awards pursuant to the 2000 growth API shall be as follows, with at least one thousand (1,000) $25,000 awards, three thousand seven hundred fifty (3,750) $10,000 awards and up to seven thousand five hundred (7,500) $5,000 awards being distributed in the process. The total amount of funding for this Act provided in the annual State Budget shall be distributed proportionally across each of elementary, middle, and high schools statewide by the number of certificated staff as reported in the most current CBEDS report.
(a) Schools will be declared eligible or ineligible according to the rank of schools pursuant to Education Code section 52052. An “eligible list” will be determined for each type of school (elementary, middle, and high) for the awards distribution.
(b) Beginning with the school on each of the three “eligible lists” with the greatest raw score API improvement over two times its annual target, the Superintendent of Public Instruction shall apportion $25,000 per certificated school site staff FTE position to be distributed to the certificated school site staff in certificated positions at that school. The number of FTE positions counted shall be subtracted from the awards pool of 1,000 FTE positions.
(c) Beginning with the school on each of the three “eligible lists” with the next greatest raw score API improvement over two times its annual target, the Superintendent of Public Instruction shall apportion $25,000 per certificated school site staff FTE position to be distributed to the certificated school site staff at that school. The number of FTE positions counted shall be subtracted from the awards pool remainder.
(d) This process shall continue until all 1,000 $25,000/FTE awards have been allocated to the eligible school sites. If, before all 1,000 awards have been allocated, an eligible school site has more eligible FTE positions than remain in the 1,000 FTE awards pool, all of that school site's FTE positions shall receive $25,000 awards. If more than one school site has an identical score in this circumstance, the school with the greatest improvement over it's API growth target in the prior year shall receive $25,000 awards.
(e) Beginning with the school on each of the three “eligible lists” with the greatest raw score API improvement over two times its annual target that did not receive $25,000 rewards, the Superintendent of Public Instruction shall apportion $10,000 per certificated school site staff FTE position to be distributed to the certificated school site staff at that school. The number of FTE positions counted shall be subtracted from the awards pool of 3,750 $10,000 awards.
(f) Beginning with the school on each of the three “eligible lists” with the next greatest raw score API improvement over two times its annual target, the Superintendent of Public Instruction shall apportion $10,000 per certificated school site staff FTE position to be distributed to the certificated school site staff at that school. The number of FTE positions counted shall be subtracted from the awards pool remainder.
(g) This process shall continue in consecutive order until all 3,750 $10,000/FTE awards have been allocated to the school sites. If, before all 3,750 awards have been allocated, an eligible school site has more eligible FTE positions than remain in the 3,750 FTE pool, all of that school site's FTE positions shall receive $10,000 awards. If more than one school site has an identical score in this circumstance, the school with the greatest improvement over its API growth target in the prior year shall receive $10,000 awards.
(h) The sum of the awards distributed under subdivisions (b) through (g) shall be subtracted from $100 million, and the remainder shall be divided by $5,000 to determine the maximum number of $5,000 awards to be distributed. The $5,000 awards shall be distributed in the same manner as the $25,000 and the $10,000 awards, with the exception that the distribution process will end when the pool of available $5,000 awards is not sufficient to fully fund the eligible FTE positions of the next school or schools in line for the awards.
NOTE
Authority cited: Sections 33031, 44650(b) and 52057(a), Education Code. Reference: Sections 44650-44652, 44654(b), 52052 and 52057, Education Code.
HISTORY
1. New section filed 12-28-2000 as an emergency; operative 12-28-2000 (Register 2000, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-27-2001 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of Note (Register 2001, No. 4).
3. Amendment of subsections (d) and (g) filed 1-30-2001 as an emergency; operative 1-30-2001 (Register 2001, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-30-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-28-2000 and 1-30-2001 orders, including further amendments, transmitted to OAL 4-27-2001 and filed 6-11-2001 (Register 2001, No. 24).
5. Amendment of subsections (d) and (g) filed 1-8-2002; operative 1-8-2002 (Register 2002, No. 2).
Note • History
Starting in 2000-01, the deadline for submitting to the department a waiver of any of Sections 1031 through 1039 shall be no later than the close of business on the 60th calendar day after the department's posting on its website of the certified list of schools eligible to receive the Governor's Performance Award.
NOTE
Authority cited: Sections 33031 and 52057(a), Education Code. Reference: Sections 52052 and 52057, Education Code.
HISTORY
1. New section filed 12-28-2000 as an emergency; operative 12-28-2000 (Register 2000, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-27-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-28-2000 order, including amendment of subsection (a), transmitted to OAL 4-27-2001 and filed 6-11-2001 (Register 2001, No. 24).
3. Amendment of section heading, repealer and new section and amendment of Note filed 1-8-2002; operative 1-8-2002 (Register 2002, No. 2).
§1037. Exemption from Statutory Benefits Calculations.
Note • History
Certificated Staff Performance Incentive Act awards shall not be considered compensation for the purposes of calculating retirement benefits or contributions, or for any other benefit that an employee is eligible to receive where the benefit or contribution amount is calculated based on compensation.
NOTE
Authority cited: Sections 33031, 44650(b) and 52057(a), Education Code. Reference: Section 44654(b), Education Code.
HISTORY
1. New section filed 12-28-2000 as an emergency; operative 12-28-2000 (Register 2000, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-27-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-28-2000 order transmitted to OAL 4-27-2001 and filed 6-11-2001 (Register 2001, No. 24).
3. Amendment filed 1-8-2002; operative 1-8-2002 (Register 2002, No. 2).
§1038. Exemption from Indirect Costs.
Note • History
Governor's Performance Awards and Certificated Staff Performance Incentive Act awards shall not be subject to school district, county, or school indirect charges or other administrative charges.
NOTE
Authority cited: Sections 33031, 44650(b) and 52057(a), Education Code. Reference: Sections 44650-44652, 44654(b), 52052 and 52057, Education Code.
HISTORY
1. New section filed 12-28-2000 as an emergency; operative 12-28-2000 (Register 2000, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-27-2001 or emergency language will be repealed by operation of law on the following day.
2. Renumbering of former section 1038 to section 1039 and new section 1038 filed 1-30-2001 as an emergency; operative 1-30-2001 (Register 2001, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-30-2001 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-28-2000 and 1-30-2001 orders, including amendment of Note, transmitted to OAL 4-27-2001 and filed 6-11-2001 (Register 2001, No. 24).
4. Amendment of section and Note filed 1-8-2002; operative 1-8-2002 (Register 2002, No. 2).
§1039. Use of Award Funds Allocated to School Sites.
Note • History
Use of funds at the school site for the Governor's Performance Award Program shall be decided by the existing school site governance team/school site council representing major stakeholders and then ratified by the governing board of each local educational agency.
NOTE
Authority cited: Sections 33031 and 52057(a), Education Code. Reference: Sections 52052 and 52057, Education Code.
HISTORY
1. Renumbering of former section 1038 to section 1039 filed 1-30-2001 as an emergency; operative 1-30-2001 (Register 2001, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-30-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-30-2001 order transmitted to OAL 4-27-2001 and filed 6-11-2001 (Register 2001, No. 24).
3. Amendment of section and Note filed 1-8-2002; operative 1-8-2002 (Register 2002, No. 2).
Article 1.8. Inclusion of Alternative Education Program Accountability Results and Middle School Dropouts in the Academic Performance Index (API)
§1039.1. Definition of the Dropout Rate for the Purpose of Inclusion in the API.
Note • History
(a) For the purpose of this article, the “Grade Eight Dropout Rate” and the “Grade Nine Dropout Rate” are one year rates equal to the number of dropouts divided by enrollment.
(1) The Grade Eight Dropout Rate for the purpose of inclusion in the API is calculated for each school and local educational agency (LEA) with a grade eight enrollment greater than zero. The school Grade Nine Dropout Rate for the purpose of inclusion in the API is calculated for each school with grade nine as the highest grade offered at the school with a grade nine enrollment greater than zero. The LEA Grade Nine Dropout Rate for the purpose of inclusion in the API is calculated using dropout and enrollment information from only those schools in the LEA with grade nine as the highest grade offered at the school with a grade nine enrollment greater than zero.
(2) The number of dropouts in the school Grade Eight Dropout Rate is equal to the number of grade eight academic year dropouts. The number of dropouts in the school Grade Nine Dropout Rate is equal to the number of grade nine academic year dropouts.
(3) The number of dropouts in the LEA Grade Eight Dropout Rate is equal to the number of grade eight academic year dropouts plus the number of grade eight transition dropouts. The number of dropouts in the LEA Grade Nine Dropout Rate is equal to the number of grade nine academic year dropouts plus the number of grade nine transition dropouts.
(b) A “grade eight academic year dropout” means a pupil who enrolled in grade eight during the academic school year, left school prior to completing the academic school year, and was not enrolled at any school on the first Wednesday in October of the following academic year. A grade eight academic year dropout is attributed to the grade eight school and the LEA in which the pupil was last enrolled.
(c) A “grade eight transition dropout” means a pupil who was enrolled in grade eight at the end of the academic school year, and did not begin attending grade nine or any other grade in any school by the subsequent academic school year up to the first Wednesday in October of the following academic year. A grade eight transition dropout is attributed to the LEA in which the pupil completed grade eight.
(d) A “grade nine academic year dropout” means a pupil who enrolled in grade nine during the academic school year, left school prior to completing the academic school year, and was not enrolled at any school on the first Wednesday in October of the following academic year. A grade nine academic year dropout is attributed to the grade nine school in which the pupil was last enrolled.
(e) A “grade nine transition dropout” means a pupil who was enrolled in grade nine at the end of the academic school year, and did not begin attending grade ten or any other grade in any school by the subsequent academic school year up to the first Wednesday in October of the following academic year. A grade nine transition dropout is attributed to the LEA in which the pupil completed grade nine.
(f) A pupil is not a grade eight academic year dropout, grade eight transition dropout, grade nine academic year dropout, or grade nine transition dropout if he or she meets any of the following conditions by the first Wednesday in October of the academic year following his or her enrollment in grade eight for grade eight academic year dropouts and grade eight transition dropouts or enrollment in grade nine for grade nine academic year dropouts and grade nine transition dropouts:
(1) The pupil transferred to and attended another public or private educational institution leading toward a high school diploma or its equivalent. This does not include adult education programs;
(2) The pupil received a high school diploma or its equivalent (General Educational Development [GED] exam, California High School Proficiency Examination [CHSPE], or adult education high school diploma program);
(3) The pupil transferred to and attended a college offering a baccalaureate or an associate's program;
(4) The pupil moved out of California;
(5) The pupil has a temporary school-recognized absence due to suspension or illness; or
(6) The pupil died.
(g) Enrollment for the purpose of calculating the Grade Eight Dropout Rate is equal to the number of grade eight academic year dropouts plus the number of prospective grade nine pupils. Prospective grade nine pupils include those pupils who have successfully completed grade eight by the end of the academic school year. Enrollment for the purpose of calculating the Grade Nine Dropout Rate is equal to the number of grade nine academic year dropouts plus the number of prospective grade ten pupils. Prospective grade ten pupils include those pupils who have successfully completed grade nine by the end of the academic school year.
(h) For the purposes of this article “academic year” begins July 1 and ends June 30.
NOTE
Authority cited: Sections 33031 and 52052, Education Code. Reference: Sections 37200, 52052 and 52052.1, Education Code.
HISTORY
1. New article 8.1 (section 1039.1) and section filed 8-4-2011; operative 9-3-2011 (Register 2011, No. 31).
Note • History
For purposes of this Article, the following terms shall have the following meanings unless the context indicates otherwise:
(a) “Alternative education program (AEP)” means a school that is eligible for the Alternative Schools Accountability Model (ASAM) and/or an independent study program within a local educational agency (LEA).
(1) Schools eligible for the ASAM include continuation, district and county community day, opportunity, county community, juvenile court, and California Education Authority, Division of Juvenile Justice schools, and others as identified in the ASAM Alternative School of Choice and Charter School Application (revised April 2011). This document, located at http://www.cde.ca.gov/ta/ac/am/documents/ altapplication.doc, is hereby incorporated by reference.
(b) “Continuously enrolled” for the purposes of Education Code section 52052(a)(4)(C) and this Article means a pupil who was enrolled in the same school, school district, or county office of education with no gap in enrollment of more than 30 consecutive calendar days.
(1) Test scores shall be assigned to the API of a school or LEA if the pupil is continuously enrolled at that school or LEA between the first Wednesday in October through the first day of testing of the academic year.
(2) For purposes of determining if a fall (August through December) test taker on the California High School Exit Examination (CAHSEE) is continuously enrolled, enrollment between the first Wednesday in October of the prior school year and date of the CAHSEE examination shall be used.
(c) “Correctional or judicial officials” includes probation officers.
(d) “Local educational agency (LEA)” means a school district or county office of education.
(e) “Other accountability data” means the dropout rate that is added to the API pursuant to Education Code section 52052.1(a)(3).
(f) “Referred by the school or school district of residence” includes, but is not limited to the voluntary transfer of a pupil to an independent study program or to an AEP charter school.
(g) “School district of residence” means the LEA of the last non-AEP school in which the pupil was enrolled.
(h) “School of residence” means the last non-AEP school the pupil attended.
(i) “Test scores” means results of standardized state-wide tests included in the API.
NOTE
Authority cited: Sections 33031 and 52052, Education Code. Reference: Sections 51745, 52052, 52052.1 and 60851, Education Code.
HISTORY
1. New section filed 4-2-2012; operative 5-2-2012 (Register 2012, No. 14).
§1039.3. Criteria for Assigning Pupil Accountability Results to the School and School District of Residence API.
Note • History
(a) Test scores and other accountability data shall be assigned to the school and/or school district of residence for each fiscal year in accordance with annual API calculations.
(b)(1) If a pupil was continuously enrolled pursuant to this Article in the AEP, the pupil's test scores shall be assigned to the AEP's API for that year.
(2) If the pupil was continuously enrolled pursuant to this Article in the LEA of the AEP in the current year, the pupil's test scores shall be assigned to the LEA API for that year.
(c) If a pupil was referred by the school or school district of residence to an AEP school and the pupil was not continuously enrolled pursuant to this Article in the AEP in the current year, the pupil's test scores shall be assigned to the API of the pupil's school of residence for that year under either of the following circumstances:
(1) The pupil was enrolled in the school of residence at the start of the current year; subsequently enrolled in an AEP; and either stayed at the AEP, returned to the school of residence, enrolled in another AEP school, or dropped out without being continuously enrolled pursuant this Article in any school.
(2) The pupil was enrolled in an AEP school at the start of the current year; subsequently enrolled in the school of residence for over 30 consecutive calendar days; and either stayed at the school of residence, returned to the AEP, enrolled in another AEP school, or dropped out without being continuously enrolled pursuant to this Article in any school.
(d) If a pupil was referred by the school or school district of residence to an AEP school and the pupil was not continuously enrolled pursuant to this Article in the LEA of the AEP or in any LEA in the current year, the pupil's test scores shall be assigned to the API of the pupil's school district of residence for that year under either of the following circumstances:
(1) The pupil was enrolled in the school district of residence at the start of the current year; subsequently enrolled in the LEA of the AEP; and either stayed at the LEA of the AEP, returned to the school district of residence, enrolled in another LEA of an AEP school, or dropped out without being continuously enrolled pursuant to this Article in any LEA.
(2) The pupil was enrolled in the LEA of the AEP at the start of the current year; subsequently enrolled in the school district of residence for over 30 consecutive calendar days; and either stayed at the school district of residence, returned to the LEA of the AEP, enrolled in another LEA of an AEP school, or dropped out without being continuously enrolled pursuant to this Article in any LEA.
(e) Other accountability data shall be assigned to the API of the pupil's school or school district of residence in accordance with subdivisions (b), (c), and (d) if the pupil was referred to an AEP by the pupil's school or school district of residence and was enrolled in the AEP for fewer than 125 consecutive calendar days.
(f) Other accountability data shall be assigned to the API of an AEP school and its LEA if the pupil was referred to the AEP by the pupil's school or school district of residence and was enrolled in the AEP for 125 consecutive calendar days or more.
(g) If a pupil was referred to an AEP school by a juvenile court judge or other correctional or judicial official or expelled pursuant to section 52052.1(a)(1), was enrolled in that AEP school and its LEA, and was not continuously enrolled pursuant to this Article in any school or LEA, the pupil's test scores and other accountability data shall be assigned as follows:
(1) Test scores shall not be assigned to the API of any school or LEA.
(2) Other accountability data shall be assigned to the API of the school or school district of residence if the pupil was enrolled in the AEP school or LEA for fewer than 125 consecutive calendar days.
(3) Other accountability data shall be assigned to the API of the AEP school or its LEA if the pupil was enrolled in the AEP school or LEA for 125 consecutive calendar days or more.
NOTE
Authority cited: Sections 33031 and 52052, Education Code. Reference: Sections 52051, 52052 and 52052.1, Education Code.
HISTORY
1. New section filed 4-2-2012; operative 5-2-2012 (Register 2012, No. 14).
Article 2. Physical Performance Testing Programs
Note • History
For the purpose of the physical performance test required by Education Code section 60800, and also referred to as the Physical Fitness Test (PFT), the following definitions shall apply:
(a) “Accommodations” means any variation in the assessment environment or process that does not fundamentally alter what the test measures or affect the comparability of scores.
(b) “Annual assessment window” begins on February 1 and ends on May 31 of each school year.
(c) “Block schedule” is a restructuring of the school day whereby pupils attend half as many classes, for twice as long.
(d) “District Physical Fitness Test Coordinator” is an employee of the school district designated by the superintendent of the district to oversee the administration of the PFT within the district.
(e) “FITNESSGRAM®” November, 2005, is the California Physical Fitness Test designated by the State Board of Education (SBE), a document incorporated by reference.
(f) “Grade” for the purpose of the PFT means the grade assigned to the pupil by the school district at the time of testing.
(g) “Modification” means any variation in the assessment environment or process that fundamentally alters what the test measures or affects the comparability of scores.
(h) “Pupil” is a person in grades 5, 7 or 9, enrolled in a California public school or placed in a non-public school through the individualized education program (IEP) process pursuant to Education Code section 58365.
(i) “School district” includes elementary, high school, and unified school districts, county offices or education, any charter school that for assessment purposes does not elect to be part of the school district or county office of education that granted the charter, and any charter school chartered by the SBE.
(j) “Test administration manual” is the Updated Third Edition FITNESSGRAM/ACTIVITYGRAM, a document incorporated by reference. A copy is available for review from CDE staff in the Standards and Assessment Division.
(k) “Test examiner” is an employee of the school district who administers the PFT.
(l) “Variation” is a change in the manner in which a test is presented or administered, or in how a test taker is allowed to respond, and includes, but is not limited to accommodations and modifications.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 60603 and 60608, Education Code.
HISTORY
1. Repealer filed 9-25-69; effective thirtieth day thereafter (Register 69, No. 39).
2. New Note filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Amendment of section heading, new section and amendment of Note filed 7-31-2006; operative 8-30-2006 (Register 2006, No. 31).
Note • History
(a) During the annual assessment window, the governing board of each school district maintaining grades 5, 7, and 9, or any one or more of such grades, shall administer to each pupil in those grades the physical performance test, FITNESSGRAM®, designated by the State Board of Education. This includes pupils who attend schools that are on a block schedule and whose pupils may not be enrolled in physical education classes during the annual assessment window.
(b) All pupils in grades 5, 7 and 9 shall only take the test once during the annual assessment window.
(c) School districts shall test all pupils in alternative education programs conducted off the regular school campus, including, but not limited to continuation schools, independent study, community day schools, and county community schools.
(d) No test shall be administered in a home or hospital except by a test examiner. No test shall be administered to a pupil by the parent or guardian of that pupil.
(e) Pupils shall be tested in each fitness component included in the PFT unless exempt by the pupil's IEP or Section 504 plan.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 60615 and 60800, Education Code.
HISTORY
1. Amendment filed 9-25-69; effective thirtieth day thereafter (Register 69, No. 39).
2. Amendment filed 5-18-72; effective thirtieth day thereafter (Register 72, No. 21).
3. Amendment filed 5-11-89 and 5-15-89; operative 5-15-89 (Register 89, No. 20).
4. Amendment of section and Note filed 7-31-2006; operative 8-30-2006 (Register 2006, No. 31).
§1042. Recommended Program. [Repealed]
Note • History
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 60605, Education Code.
HISTORY
1. Repealer of section and new Note filed 7-31-2006; operative 8-30-2006 (Register 2006, No. 31).
§1043. Methods of Administration.
Note • History
(a) The tests shall be administered and scored by employees of the district or the employees of the county superintendent of schools. The scoring thereof shall be in compliance with the instructions of the publisher or developer for scoring, and the scores shall be submitted to the governing board of the school district on the dates required by, and on forms prescribed or approved by, such governing board.
(b) Districts may provide an alternative date for make-up based on absence or temporary physical restriction or limitations (e.g., recovering from illness or injury).
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 60800, Education Code.
HISTORY
1. Amendment of section and new Note filed 7-31-2006; operative 8-30-2006 (Register 2006, No. 31).
§1043.2. Test Administration Training.
Note • History
(a) For valid results, districts shall use the test administration manual provided for the test designated by the SBE.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 60800, Education Code.
HISTORY
1. New section filed 7-31-2006; operative 8-30-2006 (Register 2006, No. 31).
§1043.4. District Physical Fitness Test Coordinator.
Note • History
(a) On or before November 1 of each school year, the superintendent of each school district, county office of education, and independent charter school may designate from among its employees a District Physical Fitness Test Coordinator. If a District Physical Fitness Test Coordinator is designated, the superintendent shall notify the contractor for the PFT of the identity and contact information of the District Physical Fitness Test Coordinator. The District Physical Fitness Test Coordinator shall be available throughout the year and shall serve as the liaison between the school district and the CDE for all matters related to the PFT.
(b) The District Physical Fitness Test Coordinator responsibilities include, but are not limited to, the following:
(1) Responding to correspondence and inquiries from the contractor in a timely manner and as provided in the contractor's instructions.
(2) Determining school district and individual school test and test material needs.
(3) Overseeing the administration of the PFT to pupils.
(4) Overseeing the collection and return of all test data to the contractor.
(5) Ensuring that all test data are received from school test sites within the school district in sufficient time to satisfy the reporting requirements.
(6) Ensuring that all test data are sent to the test contractor by June 30 of each year.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 60800, Education Code.
HISTORY
1. New section filed 7-31-2006; operative 8-30-2006 (Register 2006, No. 31).
§1043.6. Data for Analysis of Pupil Proficiency.
Note • History
(a) Each school district shall provide the contractor of the PFT the California School Information Services (CSIS) student identification number and demographic information for each pupil tested for purposes of the analyses and reporting.
(b) The demographic information required by subdivision (a) is for the purpose of aggregate analyses and reporting only.
(c) School districts shall provide the same information for each pupil enrolled in an alternative or off-campus program, or for pupils placed in nonpublic schools, as provided for all other pupils.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 49061, 60605 and 60800, Education Code; and 20 USC Section 1232g.
HISTORY
1. New section filed 7-31-2006; operative 8-30-2006 (Register 2006, No. 31).
§1043.8. Reporting Test Scores.
Note • History
No aggregate or group scores or reports that are compiled pursuant to Education Code section 60800 shall be reported electronically, in hard copy, or in other media, to any audience other than the school or school district where the pupils were tested, if the aggregate of group scores or reports are composed of ten (10) or fewer individual pupil scores. In each instance in which no score is reported for this reason, the notation shall appear: “The number of pupils in this category is too small for statistical accuracy or privacy protection.” In no case shall any group score be reported that would deliberately or inadvertently make public the score or performance of any individual pupil.
NOTE
Authority cited: Section 33031 and 60605, Education Code. Reference: Section 49061, 60605 and 60800, Education Code; 20 USC Section 1232g; 34 CFR part 99; and 20 USC Section 6311(b)(3)(C)xiii.
HISTORY
1. New section filed 7-31-2006; operative 8-30-2006 (Register 2006, No. 31).
Note • History
Results shall be provided to each pupil after completing the test. The results may be provided orally or in writing.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 60800, Education Code.
HISTORY
1. New section filed 7-31-2006; operative 8-30-2006 (Register 2006, No. 31).
Note • History
The district superintendent or the county superintendent of schools, as the case may be, shall require that the pupil's scores on each of the tests given him or her in the physical performance testing program be included in the pupil's cumulative record. This requirement may be met by maintaining the regular physical performance testing program card with the cumulative record form.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 60800, Education Code.
HISTORY
1. Amendment of section and new Note filed 7-31-2006; operative 8-30-2006 (Register 2006, No. 31).
§1045. Responsibility of County Superintendent of Schools. [Repealed]
Note • History
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 60610, Education Code.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Repealer of section and new Note filed 7-31-2006; operative 8-30-2006 (Register 2006, No. 31).
§1046. Use of Reports. [Repealed]
Note • History
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 60800, Education Code.
HISTORY
1. Repealer of section and new Note filed 7-31-2006; operative 8-30-2006 (Register 2006, No. 31).
Article 2.5. Testing Variations/Accommodations
§1047. Testing Variations and Accommodations Available to Pupils.
Note • History
(a) Each pupil with an IEP or Section 504 plan shall be given as much of the test as his or her condition will permit.
(b) School districts may provide all pupils the following test variations:
(1) extra time within a testing day.
(2) test directions that are simplified or clarified.
(c) All pupils may have the following testing variations if regularly used in the classroom:
(1) audio amplification equipment.
(2) test individual student separately provided that the pupil is directly supervised by the test examiner.
(3) Manually Coded English or American Sign Language to present directions for test administration.
(d) School districts may provide pupils with disabilities the following accommodations when administering the PFT if specified in the pupil's IEP or Section 504 plan:
(1) Administration of the PFT at the most beneficial time of day to the pupil after consultation with the test contractor.
(2) Administration of the PFT by a test examiner to the pupil at home or in the hospital.
(3) Any other accommodation specified in the pupil's IEP or Section 504 plan for the PFT.
NOTE
Authority cited: Section 33031, Education Code. Reference: 20 USC Section 1400, et seq.; 29 USC Section 794; and 42 USC Section 12132 and 12133.
HISTORY
1. New section filed 7-31-2006; operative 8-30-2006 (Register 2006, No. 31).
§1048. Testing Variations Available to English Learners.
Note • History
School districts may provide identified English learner pupils the following additional testing variations if regularly used in the classroom or for assessment:
(1) English learners may have the opportunity to be tested separately with other English learners provided that the pupil is directly supervised by the test examiner.
(2) English learners may have the opportunity to hear the test directions printed in the test contractor's manual translated into their primary language. English learners may have the opportunity to ask clarifying questions about the test directions in their primary language.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 60800, Education Code.
HISTORY
1. New section filed 7-31-2006; operative 8-30-2006 (Register 2006, No. 31).
Article 3. Reading Testing Programs in Grades 1, 2, and 3 [Repealed]
NOTE
Authority cited: Sections 33031, 54103, 60602, 60603, 60607, 60640, Education Code. Reference: Sections 60640-60644, Education Code.
HISTORY
1. Repealer of Article 3 (Sections 1050-1060) filed 11-29-79; effective thirtieth day thereafter (Register 79, No. 48). For prior history, see Registers 77, No. 39, 76, No. 40, 74, No. 52, 72, No. 18, 72, No. 8, 71, No. 25, 69, No. 39 and 67, No. 51.
Article 4. Alternative Assessment Pilot Project [Repealed]
HISTORY
1. New article 4 (sections 1061-1067) and section filed 5-20-91 as an emergency; operative 5-20-91 (Register 91, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-17-91 or emergency language will be repealed by operation of law on the following day.
2. Repealer of article 4 (sections 1061-1067) and section by operation of Government Code section 11346.1(g) (Register 92, No. 39).
Article 5. Alternative Schools Accountability Model Pre-Post Assessments
§1068. Application of this Article.
Note • History
This article shall only apply to schools that are registered in the Alternative Schools Accountability Model (ASAM) and have chosen to adopt a pre-post assessment instrument as an indicator for use in the ASAM.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 52052, Education Code.
HISTORY
1. New article 5 (sections 1068-1074) and section filed 7-21-2003 as an emergency; operative 7-21-2003 (Register 2003, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-18-2003 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 7-21-2003 order transmitted to OAL 9-25-2003 and filed 11-6-2003 (Register 2003, No. 45).
Note • History
For the purposes of this article, the following definitions apply:
(a) “Pre-post assessment instrument” is an assessment instrument available for adoption as an indicator of achievement by schools in the ASAM.
(b) “Pre-test” is an initial assessment given no later than 20 instructional days following the pupil's first day of enrollment in the ASAM school.
(c) “Post-test” is an assessment given after a minimum of 30 days of instruction following the administration of the pre-test.
(d) “ASAM test site coordinator” means the ASAM school principal or other district employee designated by the district superintendent to oversee the acquisition, and the secure distribution, administration, scoring, and reporting of a pre-post assessment instrument at the school site.
(e) “Test Administrator” means a certificated employee or paraprofessional employee of a school district trained in the administration of a pre-post assessment instrument by the ASAM test site coordinator.
(f) “Long-term student” is a student who has been continuously enrolled in the ASAM school for a minimum of 90 consecutive school days during the school year.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 52052, Education Code.
HISTORY
1. New section filed 7-21-2003 as an emergency; operative 7-21-2003 (Register 2003, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-18-2003 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 7-21-2003 order transmitted to OAL 9-25-2003 and filed 11-6-2003 (Register 2003, No. 45).
§1070. Administration of Pre-Post Assessment Instrument.
Note • History
(a) In order to yield reliable and valid results, each pre-post assessment instrument shall be administered in accordance with directions provided in the publisher's assessment administration manual.
(b) The school's ASAM test site coordinator shall oversee the administration of all pre-post assessment instruments to ensure adherence to the directions provided in the publisher's assessment administration manual.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 52052, Education Code.
HISTORY
1. New section filed 7-21-2003 as an emergency; operative 7-21-2003 (Register 2003, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-18-2003 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 7-21-2003 order transmitted to OAL 9-25-2003 and filed 11-6-2003 (Register 2003, No. 45).
§1071. Test Administrator Eligibility.
Note • History
Any certificated employee of a school district trained in the administration of the pre-post assessment instrument may administer the assessment. Trained paraprofessional employees of the district may administer the pre-post assessment instrument under the direct supervision of a trained certificated employee.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 52052, Education Code.
HISTORY
1. New section filed 7-21-2003 as an emergency; operative 7-21-2003 (Register 2003, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-18-2003 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 7-21-2003 order transmitted to OAL 9-25-2003 and filed 11-6-2003 (Register 2003, No. 45).
§1072. Security and Storage Requirements.
Note • History
(a) To ensure security of the pre-post assessment instruments, all ASAM assessment test site coordinators (coordinators) shall sign the ASAM Pre-Post Assessment Security Agreement as set forth in subdivision (b).
(b) The ASAM Pre-Post Assessment Security Agreement shall be as follows:
ASAM PRE-POST ASSESSMENT SECURITY AGREEMENT
The coordinator acknowledges by his or her signature on this form that the ASAM pre-post assessment instruments are secure assessments and agrees to each of the following conditions to ensure test security:
(1) The coordinator will take all necessary precautions to safeguard all pre-post assessment instruments and assessment materials by limiting access to persons within the school district with a responsible, professional interest in the assessment instruments' security.
(2) The coordinator will keep on file the names of persons having access to pre-post assessment instruments and assessment materials. All persons having access to the materials shall be required by the coordinator to sign the ASAM Pre-Post Assessment Security Affidavit that will be kept on file in the school and school district office.
(3) The coordinator will keep the pre-post assessment instruments and assessment materials in a secure, locked location at the school site, limiting access to only those persons responsible for assessment security, except on actual administration dates.
(4) The coordinator will be responsible for ensuring the security of all scoring activities whether done at the school site, the district office, or by an external contractor.
By signing my name to this document, I am assuring that I and anyone having access to the pre-post assessment instruments will sign a security affidavit.
By:
Title:
School:
School District:
Date:
(c) All persons having access to the ASAM pre-post assessment instruments, including but not limited to the coordinator and test administrators, shall acknowledge the limited purpose of their access to the assessment instruments by signing the ASAM Pre-Post Assessment Security Affidavit set forth in subdivision (d).
(d) The ASAM Pre-Post Test Security Affidavit shall be as follows:
ASAM PRE-POST ASSESSMENT SECURITY AFFIDAVIT
I acknowledge that I will have access to the ASAM pre-post assessment instruments for the purpose of administering or scoring the assessments. I understand that these materials are highly secure, and it is my professional responsibility to protect their security as follows:
(1) I will not divulge the contents of the pre-post assessment instruments to any other person.
(2) I will not copy any part of the pre-post assessment instruments or assessment materials.
(3) I will keep the pre-post assessment instruments secure until the assessments are actually distributed to pupils or, in the case of computer-administered assessments, the pupils actually log on to begin the assessments.
(4) I will limit pupils' access to the pre-post assessment instruments and assessment to the actual testing periods.
(5) I will not permit pupils to remove pre-post assessment instruments and assessment materials from the room where testing takes place.
(6) I will not disclose, or allow to be disclosed, the contents of, or the scoring keys to, the pre-post assessment instruments.
(7) I will return all pre-post assessment instruments and assessment materials to the designated coordinator upon completion of the assessment administration.
(8) I will not interfere with the independent work of any pupil taking a pre-post assessment and I will not compromise the security of the assessment instrument by means including, but not limited to:
(A) Providing pupils with access to pre-post assessment questions prior to administration of the assessment instrument.
(B) Copying, reproducing, transmitting, distributing or using in any manner inconsistent with test security all or any portion of any secure pre-post assessment instrument.
(C) Coaching pupils during administration of the assessment instrument or altering or interfering with the pupils' responses in any way.
(D) Making answer keys available to pupils.
(E) Failing to follow security rules for distribution and return of secure pre-post assessment instruments as directed, or failing to account for all secure pre-post assessment instruments and assessment materials before, during, and after their administration.
(F) Failing to follow administration directions specified in the publisher's assessment administration manual.
(G) Participating in, directing, aiding, counseling, assisting in, or encouraging any of the acts prohibited in this section.
Signed:
Print Name:
Position:
School:
School District:
Date:
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 52052, Education Code.
HISTORY
1. New section filed 7-21-2003 as an emergency; operative 7-21-2003 (Register 2003, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-18-2003 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 7-21-2003 order transmitted to OAL 9-25-2003 and filed 11-6-2003 (Register 2003, No. 45).
Note • History
All pre-post assessment instruments scored at the school site or district office shall be scored under the supervision of the coordinator. The coordinator will monitor the contract for any scoring activities carried out by an external contractor. All scoring shall be done following the instructions and using the answer keys provided by the publisher of the specific pre-post assessment instrument.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 52052, Education Code.
HISTORY
1. New section filed 7-21-2003 as an emergency; operative 7-21-2003 (Register 2003, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-18-2003 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 7-21-2003 order transmitted to OAL 9-25-2003 and filed 11-6-2003 (Register 2003, No. 45).
Note • History
School districts that have adopted a pre-post assessment instrument as an indicator of achievement for an ASAM school shall submit the following information for each long-term student enrolled in the school.
(a) Local student Identification number (as available).
(b) Test name and form.
(c) Dates pre-post assessment instruments were administered.
(d) Scores on each assessment instrument.
(e) Student demographics:
(1) Date of birth.
(2) Grade level.
(3) Gender.
(4) Language fluency and home language.
(5) Special program participation.
(6) Testing adaptations or accommodations.
(7) Amount of time in school district and in California public schools.
(8) Ethnicity.
(9) Parent education level.
(10) Handicapping condition or disability.
This information is for the purpose of aggregate analyses only.
Districts shall submit the ASAM pre-post assessment instrument results to CDE or its designee by October 28 each year.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 52052, Education Code.
HISTORY
1. New section filed 7-21-2003 as an emergency; operative 7-21-2003 (Register 2003, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-18-2003 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 7-21-2003 order transmitted to OAL 9-25-2003 and filed 11-6-2003 (Register 2003, No. 45).
3. Amendment of final paragraph filed 5-25-2006; operative 6-24-2006 (Register 2006, No. 21).
Subchapter 6. California High School Exit Examination
Article 1. General
Note • History
For the purposes of the California High School Exit Examination (CAHSEE), the following definitions shall apply:
(a) “Accommodations” means any variation in the assessment environment or process that does not fundamentally alter what the test measures or affect the comparability of scores.
(b) “CDE” is the California Department of Education.
(c) “District coordinator” is an employee of the school district designated by the superintendent of the district to oversee the administration of the CAHSEE within the district.
(d) “Eligible adult student” is a person enrolled in an adult school operated by a school district who is working to attain a high school diploma and has not passed both the English-language arts section and the mathematics section of the CAHSEE. This term does not include pupils who are concurrently enrolled in high school and adult school.
(e) “Eligible pupil” is a person enrolled in a California public school in grade 10, 11, or 12, including those pupils placed in a nonpublic school through the individualized education program (IEP) process pursuant to Education Code section 56365, who has not passed both the English-language arts section and the mathematics section of the CAHSEE.
(f) “Excessive materials” is the difference between the sum of the number of tests scored and 80 percent of the tests ordered by the school district for the entire school year. The difference must be greater than 100 to be “excessive materials.”
(g) “Grade” for the purposes of the CAHSEE means the grade assigned to the pupil by the school district at the time of testing.
(h) “Grade 10 census administration” is the administration of the CAHSEE during which all eligible pupils in grade 10 are to take the CAHSEE.
(i) “Modification” means any variation in the assessment environment or process that fundamentally alters what the test measures or affects the comparability of scores.
(j) “Nonpublic school (NPS)” is a nonpublic, nonsectarian school as defined in California Education Code section 56034.
(k) “Opportunity” shall refer to a chance an eligible pupil or eligible adult student is provided to take the section(s) of the CAHSEE not yet passed.
(l) “RFEP” means reclassified fluent English proficient.
(m) “School district” includes unified and high school districts, county offices of education, any charter school that for assessment purposes does not elect to be part of the school district or county office of education that granted the charter, any statewide benefit charter, and any other charter school chartered by the State Board of Education (SBE).
(n) “Scribe” is an employee of the school district, or a person assigned by a nonpublic school to implement a pupil's IEP who has signed a Test Security Affidavit as identified in section 1211.5(d) and is required to transcribe an eligible pupil's or eligible adult student's responses to the format required by the CAHSEE. A pupil's parent or guardian is not eligible to be the pupil's scribe.
(o) “Section,” “portion,” and “part(s)” of the CAHSEE shall refer to either the English-language arts section of the CAHSEE or the mathematics section of the high school exit CAHSEE.
(p) “Significant medical emergency” is a significant accident, trauma, or illness (mental or physical) that precludes a pupil in grade 10 from taking the CAHSEE. An accident, trauma or illness is significant if the pupil has been determined by a licensed physician to be unable to participate in the CAHSEE.
(q) “Test administration” is the period of time starting with the delivery of the secure testing materials to the district and ending with the return shipment of materials to the test contractor, and includes the period of time during which eligible pupils or eligible adult students take one or both sections of the CAHSEE.
(r) “Test examiner” is an employee of the school district or an employee of a nonpublic school who has been assigned to implement the pupil's IEP, who has signed a Test Security Affidavit as identified in section 1211.5(d) and has received training specifically designed to prepare him or her to administer the CAHSEE.
(s) “Test materials” are materials necessary to administer the CAHSEE, including but not limited to test manuals, pupil test booklets, answer documents, special test versions, and other materials developed and provided by the test contractor.
(t) “Test proctor” is an employee of the school district or an employee of a nonpublic school who has been assigned to implement the pupil's IEP, who has signed a Test Security Affidavit as identified in section 1211.5(d) and has received training specifically designed to prepare him or her to assist the test examiner in administration of the CAHSEE.
(u) “Test site coordinator” is an employee of the school district designated by the district coordinator or the superintendent or a person assigned by a nonpublic school to implement a student's IEP who oversees the administration of the CAHSEE at each test site at which the CAHSEE is given.
(v) “Translator” is a person who has been assigned to translate the test directions into the pupil's primary language pursuant to section 1217(d), who has signed a Test Security Affidavit as identified in section 1211.5(d), and who has received training specifically designed to prepare him or her to assist the test examiner in the administration of the CAHSEE. A pupil's parent or guardian is not eligible to be the pupil's translator. A translator must be:
(1) an employee of the school district;
(2) an employee of the nonpublic school who has been assigned to implement the student's IEP; or
(3) supervised by an employee of the school district or an employee of the nonpublic school who has been assigned to implement the pupil's IEP.
(w) “Variation” is a change in the manner in which a test is presented or administered, or in how a test taker is allowed to respond, and includes, but is not limited to, accommodations and modifications as defined in Education Code section 60850.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 52504, 56365, 60850 and 60851, Education Code; and 20 USC Section 6311.
HISTORY
1. Amendment of subchapter 6 heading and new subchapter 6 (articles 1-5, sections 1200-1225), article 1 (section 1200) and section filed 6-20-2001; operative 7-20-2001 (Register 2001, No. 25). For prior history of subchapter 6, see Register 76, No. 3.
2. Amendment of subsections (e) and (g) and amendment of Note filed 5-1-2003; operative 5-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 18).
3. Amendment of section and Note filed 5-19-2004; operative 5-19-2004 pursuant to Government Code section 11343.4(c) (Register 2004, No. 21).
4. Amendment of section and Note filed 8-16-2005; operative 8-16-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 33).
5. Amendment filed 12-20-2007; operative 12-20-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 51).
6. Amendment filed 11-3-2009; operative 12-3-2009 (Register 2009, No. 45).
Article 2. California High School Exit Examination (CAHSEE) Administration
§1202. Excessive Materials Costs.
Note • History
The school district is responsible for the cost of excessive materials ordered by the school district. In no case shall the cost to the school district for excessive materials exceed the amount per test booklet and accompanying material that is paid to the contractor by the CDE as part of the contract with the test contractor for the current year billed.
NOTE
Authority cited: Section 33031, Edcation Code. Reference: Section 60851, Education Code.
HISTORY
1. New section filed 12-20-2007; operative 12-20-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 51).
2. Change without regulatory effect amending article heading filed 1-4-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
§1203. Pupil or Adult Student Identification.
Note • History
Test examiners at the test site shall be responsible for the accurate identification of eligible pupils or eligible adult students who are to be administered the CAHSEE through the use of photo-identification or positive recognition by an employee of the school district.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 60851, Education Code.
HISTORY
1. New article 2 (sections 1203-1212) and section filed 6-20-2001; operative 7-20-2001 (Register 2001, No. 25).
2. Amendment of article heading and section filed 5-19-2004; operative 5-19-2004 pursuant to Government Code section 11343.4(c) (Register 2004, No. 21).
3. Amendment filed 8-16-2005; operative 8-16-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 33).
4. Change without regulatory effect amending section filed 1-4-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
Note • History
All eligible grade 10 pupils shall only take each section of the CAHSEE once per school year while in grade 10 during either the grade 10 census administration or the district-designated grade 10 make up administration.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 60851, Education Code.
HISTORY
1. New section filed 6-20-2001; operative 7-20-2001 (Register 2001, No. 25).
2. Repealer and new section and amendment of Note filed 5-1-2003; operative 5-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 18).
3. Amendment of section heading and repealer and new section filed 5-19-2004; operative 5-19-2004 pursuant to Government Code section 11343.4(c) (Register 2004, No. 21).
4. Amendment filed 12-20-2007; operative 12-20-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 51).
5. Change without regulatory effect amending section filed 1-4-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
§1204.5. Grades 11 and 12 and Adult Student Testing Dates.
Note • History
(a) School districts shall provide eligible pupils in grade 11 at least two opportunities per school year to take the section(s) of the CAHSEE not yet passed. Eligible pupils in grade 11 may take the section(s) of the CAHSEE not yet passed up to two times per school year and may take the CAHSEE in successive administrations.
(b) School districts shall provide eligible pupils in grade 12 at least three opportunities per school year to take the section(s) of the CAHSEE not yet passed. Eligible pupils in grade 12 may take the section(s) of the CAHSEE not yet passed up to five times per school year and may take the CAHSEE in successive administrations.
(c) School districts shall provide eligible adult students at least three opportunities per school year to take the section(s) of the CAHSEE not yet passed. Eligible adult students may take the section(s) of the CAHSEE not yet passed up to three times per school year and may take the CAHSEE in successive administrations.
(d) Eligible pupils in grades 11 and 12 and eligible adult students should be offered appropriate remediation or supplemental instruction before being retested.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 37252, 37254 and 60851, Education Code.
HISTORY
1. New section filed 5-19-2004; operative 5-19-2004 pursuant to Government Code section 11343.4(c) (Register 2004, No. 21).
2. Amendment of section heading, section and Note filed 8-16-2005; operative 8-16-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 33).
3. Amendment of section heading and section filed 3-16-2006 as an emergency; operative 3-16-2006 (Register 2006, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-14-2006 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-16-2006 order transmitted to OAL 6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
5. Amendment of section and Note filed 12-20-2007; operative 12-20-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 51).
6. Amendment filed 11-3-2009; operative 12-3-2009 (Register 2009, No. 45).
§1205. School District Information.
Note • History
School districts shall maintain a summary data file, as set forth below, of all pupils who participate in each test administration of the CAHSEE. This summary data file shall include the following information for (1) the English-language arts section, and (2) the mathematics section, for each test administration:
(a) The date on which each section of the CAHSEE was taken.
(b) The full name of each pupil who took each section of the CAHSEE.
(c) The grade level of each pupil at the time each section of the CAHSEE was taken.
(d) Whether each pupil has satisfied the requirement to successfully pass the CAHSEE for each section or sections of the CAHSEE taken.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 60851, Education Code.
HISTORY
1. New section filed 6-20-2001; operative 7-20-2001 (Register 2001, No. 25).
2. Amendment of section heading, section and Note filed 5-19-2004; operative 5-19-2004 pursuant to Government Code section 11343.4(c) (Register 2004, No. 21).
3. Amendment of first paragraph filed 12-20-2007; operative 12-20-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 51).
4. Change without regulatory effect amending section filed 1-4-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
§1206. Permanent Record Information.
Note • History
(a) School districts shall maintain in each pupil's permanent record the following information:
(1) The date on which the pupil took each section of the CAHSEE.
(2) Whether the pupil has satisfied the requirement to successfully pass the CAHSEE for each section or sections of the CAHSEE taken.
(b) The information required by subdivision (a) of this section shall be entered in each pupil's permanent record within 60 days of receiving the electronic data files from the test contractor.
(c) Whenever a pupil transfers from one school district to another, the new district may request the pupil's CAHSEE results as part of the permanent record, pursuant to subdivision (a), in compliance with Education Code section 49068.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 49068 and 60851, Education Code.
HISTORY
1. New section filed 6-20-2001; operative 7-20-2001 (Register 2001, No. 25).
2. Amendment of section heading, section and Note filed 5-19-2004; operative 5-19-2004 pursuant to Government Code section 11343.4(c) (Register 2004, No. 21).
3. Amendment of subsection (b) filed 8-16-2005; operative 8-16-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 33).
4. Change without regulatory effect amending subsections (a)(1)-(2) and (c) filed 1-4-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
§1207. Data for Analysis of Pupil Performance.
Note • History
(a) Each school district shall provide the test contractor with an answer document with complete demographic information for each grade 10 pupil enrolled at the time of the grade 10 census administration.
(b) Each school district shall provide the following demographic information for each grade 10, 11, and 12 pupil tested:
(1) Pupil's full name
(2) Date of birth
(3) Grade level
(4) Gender
(5) English proficiency
(6) Primary language
(7) Date of English proficiency reclassification
(8) English learner enrollment date
(9) Use of English learner test variations
(10) If RFEP pupil scored proficient or above on the California English-Language Arts Standards Test on any three administrations since reclassification
(11) Program participation
(12) Documented eligibility to participate in the National School Lunch Program (NSLP)
(13) Use of accommodations or modifications during the CAHSEE
(14) Primary disability code
(15) Special Education Exit Date
(16) Participation in California Alternate Performance Assessment (CAPA)
(17) Ethnicity/Race
(18) School and district CBEDS enrollment
(19) Parent or guardian education level
(20) District and county of residence for pupils with IEPs, if the pupil's residence is other than where he or she attends school or receives services
(21) Statewide Student Identifier (SSID)
(22) For Alternative Schools Accountability Model (ASAM) schools, whether the pupil has been enrolled in the school less than 90 school days prior to testing
(23) Nonpublic nonsectarian school (NPS) code
(24) Independent evaluator survey response data
(c) In addition to the demographic data required to be reported in section 1207(b), school districts may report if a grade 10 pupil is not tested due to a significant medical emergency.
(d) Each school district shall provide the following demographic information for each adult student tested:
(1) Student's full name
(2) Date of birth
(3) Adult student status
(4) Gender
(5) Use of accommodations or modifications during the CAHSEE
(6) Use of English learner test variations
(7) Primary disability code
(8) Ethnicity/Race
(9) District and county of residence for students with IEPs, if the student's residence is other than where he or she attends school or receives services
(e) The demographic information is for the purposes of aggregate analyses only and shall be provided to the test contractor and collected as part of the testing materials for the CAHSEE.
(f) School districts shall provide the same information for each eligible pupil enrolled in an alternative or off-campus program, or for pupils placed in nonpublic schools, as is provided for all other eligible pupils.
(g) If the information required by section 1207(b) or 1207(d) is incorrect, the school district shall provide corrected information within the time schedule specified by the test contractor or may enter into a separate agreement with the contractor to have the district's data file corrected. Any costs for correcting the student data pursuant to a separate agreement between the school district and the test contractor shall be the school district's responsibility.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 52052, 60855 and 60900, Education Code; and 20 USC Section 6311; and 7 CFR Sections 245.2, 245.3 and 245.6.
HISTORY
1. New section filed 6-20-2001; operative 7-20-2001 (Register 2001, No. 25).
2. Amendment of section heading, section and Note filed 5-19-2004; operative 5-19-2004 pursuant to Government Code section 11343.4(c) (Register 2004, No. 21).
3. Amendment of section and Note filed 8-16-2005; operative 8-16-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 33).
4. Amendment filed 12-20-2007; operative 12-20-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 51).
5. Editorial correction of subsection (b)(8)(Register 2009, No. 45).
6. Amendment of subsections (b)(5), (b)(10), (b)(12)-(13), (b)(17), (b)(20), (b)(22), (d)(5) and (d)(8)-(e) and amendment of Note filed 11-3-2009; operative 12-3-2009 (Register 2009, No. 45).
§1207.1. Data for Analysis of Local Waiver Process for Pupils with Disabilities.
Note • History
By December 31 of each year, each school district shall provide to the CDE the following information from the prior school year pursuant to Education Code section 60851:
(a) Provide the following information by grade and by school for those pupils and adult students who have taken one or both parts of the CAHSEE with one or more modifications and have received the equivalent of a passing score:
(1) The number of pupils or adult students who received the equivalent of a passing score on the mathematics portion of the CAHSEE only.
(2) The number of pupils or adult students who received the equivalent of a passing score on the English-language arts portion of the CAHSEE only.
(3) The number of pupils or adult students who received the equivalent of a passing score on both portions of the CAHSEE.
(b) Provide the following information by grade, by school, by primary disability, and by the percent of time in general education for each pupil and adult student who has taken one or both parts of the CAHSEE with one or more modifications and has received the equivalent of a passing score and for whom a waiver pursuant to Education Code section 60851(c) has been requested:
(1) The number of pupils or adult students for whom a waiver of the mathematics portion of the CAHSEE only has been requested.
(2) The number of pupils or adult students for whom a waiver of the English-language arts portion of the CAHSEE only has been requested.
(3) The number of pupils or adult students for whom a waiver of both portions of the CAHSEE has been requested.
(c) Provide the following information by grade, by school, by primary disability, and by the percent of time in general education for each pupil and adult student who has taken one or both parts of the CAHSEE with one or more modifications and has received the equivalent of a passing score and for whom a waiver pursuant to Education Code section 60851(c) has been granted:
(1) The number of pupils or adult students for whom a waiver of the mathematics portion of the CAHSEE only has been granted.
(2) The number of pupils or adult students for whom a waiver of the English-language arts portion of the CAHSEE only has been granted.
(3) The number of pupils or adult students for whom a waiver of both portions of the CAHSEE has been granted.
(d) Provide the following information by grade, by school, by primary disability, and by the percent of time in general education for each pupil and adult student who has taken one or both parts of the CAHSEE with one or more modifications and has received the equivalent of a passing score and for whom a waiver pursuant to Education Code section 60851(c) has been denied:
(1) The number of pupils or adult students for whom a waiver of the mathematics portion of the CAHSEE only has been denied.
(2) The number of pupils or adult students for whom a waiver of the English-language arts portion of the CAHSEE only has been denied.
(3) The number of pupils or adult students for whom a waiver of both portions of the CAHSEE has been denied.
(e) The number of pupils or adult students that graduated as a result of having been granted a waiver on one or both portions of the CAHSEE.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 60851, Education Code.
HISTORY
1. New section filed 3-16-2006 as an emergency; operative 3-16-2006 (Register 2006, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-14-2006 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-16-2006 order transmitted to OAL 6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
3. Amendment of first paragraph and subsection (e) filed 12-20-2007; operative 12-20-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 51).
4. Change without regulatory effect amending section filed 1-4-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
§1207.2. Data for Analysis of Exemption for Pupils with Disabilities in the Class of 2007. [Repealed]
Note • History
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 60852.4, Education Code.
HISTORY
1. New section filed 3-16-2006 as an emergency; operative 3-16-2006 (Register 2006, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-14-2006 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-16-2006 order transmitted to OAL 6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
3. Amendment of section heading and subsections (a), (a)(8) and (a)(10)-(11) and amendment of Note filed 12-20-2007; operative 12-20-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 51).
4. Repealer filed 11-3-2009; operative 12-3-2009 (Register 2009, No. 45).
§1207.5. Reporting Test Scores.
Note • History
No aggregate or group scores or reports that are compiled pursuant to Education Code section 60851 shall be reported electronically, in hard copy, or in other media, to any party other than the school or school district where the pupils were tested, except the independent evaluator as set forth in Education Code section 60855, if the aggregate or group scores or reports are composed of ten or fewer individual pupil scores. In each instance in which no score is reported for this reason, the notation shall appear: “The number of pupils in this category is too small for statistical accuracy or privacy protection.” In no case shall any group score be reported that would deliberately or inadvertently make the score or performance of any individual pupil identifiable within the meaning of the Family Educational Rights and Privacy Act.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 60851 and 60855, Education Code; and 20 USC Section 1232g; and 34 CFR Section 99.3.
HISTORY
1. New section filed 8-16-2005; operative 8-16-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 33).
2. Amendment filed 12-20-2007; operative 12-20-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 51).
3. Amendment of section and Note filed 11-3-2009; operative 12-3-2009 (Register 2009, No. 45).
§1208. Notice of the California High School Exit Examination.
Note • History
A school district shall maintain documentation that the parent or guardian of each pupil has been sent written notification as required by Education Code sections 48980 and 60850.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 48980 and 60850, Education Code.
HISTORY
1. New section filed 6-20-2001; operative 7-20-2001 (Register 2001, No. 25).
2. Amendment of section heading, section and Note filed 5-19-2004; operative 5-19-2004 pursuant to Government Code section 11343.4(c) (Register 2004, No. 21).
3. Change without regulatory effect amending section heading filed 1-4-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
§1209. California High School Exit Examination District Coordinator.
Note • History
(a) On or before July 1 of each school year, the superintendent of each school district shall designate from among the employees of the school district a district coordinator. The superintendent shall notify the test contractor of the identity and contact information for the district coordinator, including the district coordinator's phone number and email address.
(b) The district coordinator or the school district superintendent or his or her designee, shall be available throughout the year and shall serve as the liaison between the school district and the test contractor and the school district and the CDE for all matters related to the CAHSEE.
(c) The district coordinator or the school district superintendent or his or her designee shall oversee the administration of the CAHSEE to eligible pupils or eligible adult students, in accordance with the manuals or other instructions provided by the test contractor for administering and returning all test materials including, but not limited to, the following responsibilities:
(1) Responding to correspondence and inquiries from the test contractor and the CDE in a timely manner and as provided in the test contractor's instructions and these regulations.
(2) Advising the test contractor of the selected administration dates for the coming school year by March 1 of the prior school year.
(3) For charter schools, advising the test contractor for the coming school year by March 1 of the prior school year of whether the school, for assessment purposes, does not elect to be part of the school district or county office of education that granted the charter. If the charter school does not advise the test contractor by March 1, the charter school will be designated as part of the school district or county office of education that granted the charter.
(4) Determining school district and individual school CAHSEE and test material needs in conjunction with the test contractor using current enrollment data.
(5) Completing, filing, and adhering to the Test Security Agreement as set forth in section 1211.5 with the test contractor prior to the receipt of test materials. A copy of the Test Security Agreement shall be maintained at the district office for 12 months from the date signed.
(6) Identifying and training a test site coordinator for each test site and securing a signed Test Security Agreement from each test site coordinator in the district and from any test examiner at a nonpublic school in which a pupil has been placed by the district.
(7) Ordering sufficient test materials for eligible pupils and eligible adult students, including completing an electronic data file containing the data set forth in section 1207 if the district chooses to have the test contractor pre-identify answer documents.
(8) Overseeing the collection of all pupil data as required to comply with sections 1205, 1206, and 1207.
(9) Ensuring that the test materials are retained in a secure, locked location, in the sealed boxes in which they were received from the test contractor, from the time they are received in the school district until the time they are opened for inventory and delivery to test sites.
(10) Ensuring delivery of test materials to the test sites no more than five working days before the CAHSEE is to be administered.
(11) Ensuring that all test materials are received from test sites no later than the second day following the administration of the CAHSEE.
(12) Ensuring that all test materials received from test sites have been placed in a secure school district location upon receipt.
(13) Ensuring that all test materials are inventoried, packaged, and labeled in accordance with instructions from the test contractor. The test materials shall be ready for pick-up by the test contractor at a designated location in the school district no more than five working days following administration of the CAHSEE in the school district.
(14) Ensuring that an answer document is submitted for scoring for each eligible pupil in grade 10 enrolled in the district at the time of the grade 10 census administration.
(15) Assisting the test contractor and the CDE in the resolution of any discrepancies in the test information and materials, including but not limited to, pre-identification files and the number of CAHSEEs received from the test contractor and the number of CAHSEEs collected for return to the test contractor.
(16) Immediately notifying the test contractor of any testing irregularities, security breaches, or suspected security breaches in the district before, during, or after the administration of the CAHSEE.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 60851, Education Code; and 20 USC Section 6311.
HISTORY
1. New section filed 6-20-2001; operative 7-20-2001 (Register 2001, No. 25).
2. Amendment of subsection (b)(5) and amendment of Note filed 5-1-2003; operative 5-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 18).
3. Amendment of section heading and section filed 5-19-2004; operative 5-19-2004 pursuant to Government Code section 11343.4(c) (Register 2004, No. 21).
4. Amendment of section heading, section and Note filed 8-16-2005; operative 8-16-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 33).
5. Amendment filed 12-20-2007; operative 12-20-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 51).
6. Change without regulatory effect amending section heading and section filed 1-4-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
§1210. California High School Exit Examination Test Site Coordinator.
Note • History
(a) Annually, the district coordinator or the superintendent of the school district shall designate a test site coordinator for each test site. The designee shall be an employee of the school district or the person assigned by a nonpublic school to implement a student's IEP.
(b) The test site coordinator shall be available to the district coordinator for the purpose of resolving issues that arise as a result of the administration of the CAHSEE.
(c) The test site coordinator shall oversee the administration of the CAHSEE to eligible pupils or eligible adult students at the test site in accordance with the manuals or other instructions provided by the test contractor for administering the CAHSEE including, but not limited to, the following responsibilities:
(1) Determining test site and test material needs;
(2) Arranging for test administration at the test site;
(3) Training the test examiner(s), test proctors, and translators as provided in the test contractor's manual;
(4) Completing a Test Security Agreement and Test Security Affidavit as set forth in section 1211.5 prior to the receipt of test materials;
(5) Overseeing test security requirements, including collecting and delivering all completed Test Security Affidavit forms to the school district office from the test examiners and other site personnel involved with testing. All Test Security Affidavits shall be maintained for 12 months from the date signed;
(6) Overseeing the acquisition and inventory of test materials from the school district and the distribution of test materials to the test examiner(s);
(7) Maintaining security over the CAHSEE and test data as follows:
(A) Delivering the test materials only to those persons who have signed the Test Security Affidavit and who are administering the CAHSEE on the date of testing; and
(B) Ensuring that strict supervision is maintained over each eligible pupil or eligible adult student who is being administered the CAHSEE both while the eligible pupil or eligible adult student is in the room in which the CAHSEE is being administered and during any period in which the eligible pupil or eligible adult student is, for any purpose, granted a break during testing.
(8) Overseeing the collection of all pupil data as required to comply with sections 1205, 1206, and 1207;
(9) Overseeing the collection, inventory, and return of all test materials to the district coordinator no later than the day following adminstration of the CAHSEE;
(10) Ensuring that an answer document is submitted for scoring for each eligible pupil in grade 10 enrolled in the test site on the testing dates;
(11) Assisting the district coordinator and the test contractor in the resolution of any discrepancies between the number of CAHSEEs received from the district coordinator and the number of CAHSEEs collected for return to the district coordinator; and
(12) Immediately notifying the district coordinator of any testing irregularities, security breaches, or suspected security breaches at the test site before, during, or after the administration of the CAHSEE.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 60851, Education Code; and 20 USC Section 6311.
HISTORY
1. New section filed 6-20-2001; operative 7-20-2001 (Register 2001, No. 25).
2. Amendment of section heading, section and Note filed 5-19-2004; operative 5-19-2004 pursuant to Government Code section 11343.4(c) (Register 2004, No. 21).
3. Amendment of section heading, section and Note filed 8-16-2005; operative 8-16-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 33).
4. Amendment filed 12-20-2007; operative 12-20-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 51).
5. Amendment of section heading and section filed 11-3-2009; operative 12-3-2009 (Register 2009, No. 45).
§1211. California High School Exit Examination Test Security.
Note • History
(a) Access to the CAHSEE materials is limited to eligible pupils and eligible adult students taking the CAHSEE for the purpose of obtaining a public high school diploma of graduation, and those who have signed the security affidavit or agreements, including employees of a school district directly responsible for administration of the CAHSEE, and persons assigned by a nonpublic school to implement students' IEPs.
(b) To maintain the security of the CAHSEE, all school district and test site coordinators are responsible for inventory control and shall use appropriate inventory control forms to monitor and track test inventory.
(c) The security of the test materials that have been delivered to the school district is the sole responsibility of the school district until all test materials have been inventoried, accounted for, and delivered to the common or private carrier designated by the test contractor.
(d) Once test materials have been delivered to the school district, secure transportation of the test materials within a school district including to nonpublic schools (for students placed through the IEP process), court and community schools, and home and hospital care, is the responsibility of the school district.
(e) No CAHSEE may be administered in a home or hospital except by a test examiner. No CAHSEE shall be administered to an eligible pupil by the parent or guardian of that pupil. This subdivision does not prevent classroom aides from being a test proctor and assisting in the administration of the CAHSEE under the supervision of a test examiner provided that the classroom aide does not assist his or her own child and that the classroom aide signs the Test Security Affidavit as set forth in section 1211.5.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 60850 and 60851, Education Code.
HISTORY
1. New section filed 6-20-2001; operative 7-20-2001 (Register 2001, No. 25).
2. Amendment of subsections (b), (f), (g) and (j), new subsection (k) and amendment of Note filed 5-1-2003; operative 5-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 18).
3. Amendment of section heading and section filed 5-19-2004; operative 5-19-2004 pursuant to Government Code section 11343.4(c) (Register 2004, No. 21).
4. Amendment filed 8-16-2005; operative 8-16-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 33).
5. Amendment of subsections (a), (c) and (d) filed 12-20-2007; operative 12-20-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 51).
6. Change without regulatory effect amending section heading and subsections (a), (b) and (e) filed 1-4-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
§1211.5. California High School Exit Examination Test Security Forms.
Note • History
(a) All district coordinators and test site coordinators shall sign the California High School Exit Examination Test Security Agreement set forth in subdivision (b).
(b) The California High School Exit Examination Test Security Agreement shall be as follows:
CALIFORNIA HIGH SCHOOL EXIT EXAMINATION TEST
SECURITY AGREEMENT
(1) I will ensure that all test examiners are trained to administer the CAHSEE in compliance with the test administration manuals.
(2) I will take all necessary precautions to safeguard all test materials by limiting access to persons within the school district with a responsible, professional interest in the CAHSEE's security.
(3) I will not disclose, or allow to be disclosed, the contents of the CAHSEE.
(4) I will keep on file the names of persons having access to test materials. All persons having access to the materials shall be required to sign the California High School Exit Examination Test Security Affidavit that will be kept on file in the school district office.
(5) I will keep the test materials in a secure, locked location, limiting access to only those persons responsible for test security, except on actual testing dates as provided in California Code of Regulations, title 5, division 1, chapter 2, subchapter 6.
(6) I will not copy any part of the CAHSEE or test materials unless necessary to administer the CAHSEE pursuant to section 1215.5 or 1216.
(7) I will not review test questions, develop any scoring keys, or review or score any pupil responses except as required by the test contractor's manuals.
By signing my name to this document, I am assuring that I will abide by the above conditions.
Signed: ________________________________________
Print name: _____________________________________
Title: _________________________________________
School District/Affiliation: ________________________
Date: __________________________________________
(c) All persons having access to the CAHSEE, including but not limited to the district coordinator, test site coordinator, test examiners, test proctors, scribes, translators and persons assigned by a nonpublic school to implement students' IEPs shall acknowledge the limited purpose of their access to the CAHSEE by signing the California High School Exit Examination Test Security Affidavit set forth in subdivision (d).
(d) The California High School Exit Examination Test Security Affidavit shall be as follows:
CALIFORNIA HIGH SCHOOL EXIT EXAMINATION TEST
SECURITY AFFIDAVIT
I acknowledge that I will have access to test materials for the purpose of administering the CAHSEE. I understand that these materials are highly secure, and it is my professional responsibility to protect their security as follows:
(1) I will not divulge the contents of the CAHSEE to any other person through verbal, written, or any other means of communication.
(2) I will not copy any part of the test materials.
(3) I will keep the CAHSEE secure until the CAHSEE is actually distributed to eligible pupils or eligible adult students.
(4) I will limit access to the test materials by test examinees to the actual testing periods when they are taking the CAHSEE.
(5) I will collect and account for all materials following each CAHSEE and will not permit eligible pupils or eligible adult students to remove test materials from the room where testing takes place.
(6) I will not review any test questions, passages, or other test items with eligible pupils or eligible adult students before, during, or after the CAHSEE.
(7) I will return all test materials to the designated test site coordinator upon completion of the CAHSEE.
(8) I will not interfere with the independent work of any eligible pupil or eligible adult student taking the CAHSEE, and I will not compromise the security of the CAHSEE by any means including, but not limited to:
(A) Providing eligible pupils or eligible adult students with access to CAHSEE questions prior to testing.
(B) Copying, reproducing, transmitting, distributing or using in any manner inconsistent with test security all or any section of any secure test materials.
(C) Coaching eligible pupils or eligible adult students during testing or altering or interfering with the eligible pupil's or eligible adult student's responses in any way.
(D) Making answer keys available to eligible pupils or eligible adult students.
(E) Failing to follow security rules for distribution and return of secure test materials as directed, or failing to account for all secure test materials before, during, and after testing.
(F) Failing to follow test administration directions specified in test administration manuals.
(G) Participating in, directing, aiding, counseling, assisting in, or encouraging any of the acts prohibited in this section.
(9) I will administer the CAHSEE in accordance with the directions for administration set forth in the test contractor's manuals for administration of the CAHSEE.
(10) I have been trained to administer the CAHSEE.
Signed: ________________________________________
Print name: _____________________________________
Title: _________________________________________
School District/Affiliation: ________________________
Date: __________________________________________
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 60850 and 60851, Education Code.
HISTORY
1. New section filed 5-19-2004; operative 5-19-2004 pursuant to Government Code section 11343.4(c) (Register 2004, No. 21).
2. Amendment filed 8-16-2005; operative 8-16-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 33).
3. Amendment filed 12-20-2007; operative 12-20-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 51).
4. Amendment of section heading and section filed 11-3-2009; operative 12-3-2009 (Register 2009, No. 45).
§1212. Test Site Delivery. [Repealed]
Note • History
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 60851, Education Code.
HISTORY
1. New section filed 6-20-2001; operative 7-20-2001 (Register 2001, No. 25).
2. Amendment of section and Note filed 5-1-2003; operative 5-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 18).
3. Repealer filed 5-19-2004; operative 5-19-2004 pursuant to Government Code section 11343.4(c) (Register 2004, No. 21).
Article 3. California High School Exit Examination Administration Testing Variations/Accommodations/Modifications/Waivers
Note • History
(a) School districts may provide all eligible pupils and eligible adult students the following testing variations:
(1) extra time within a testing day.
(2) test administration directions, but not test questions, that are simplified or clarified.
(3) eligible pupil and eligible adult student marks in test booklets (other than responses), including highlighting.
(4) test eligible pupils and adult students in small group setting.
(b) All eligible pupils and eligible adult students may have the following testing variations if regularly used in the classroom:
(1) special lighting or special acoustics; or special or adaptive furniture.
(2) visual magnifying or audio amplification equipment.
(3) noise buffers (.e.g., an individual carrel or study enclosure).
(4) test individual eligible pupils and eligible adult students in a separate room provided that the eligible pupil or eligible adult student is directly supervised by an employee of the school, school district, or nonpublic school, who has signed the Test Security Affidavit as identified in section 1211.5(d).
(5) colored overlay, mask, or other means to maintain visual attention to the CAHSEE or test items.
(6) Manually Coded English or American Sign Language to present test administration directions, but not test items.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 60851, Education Code.
HISTORY
1. New article 3 (sections 1215-1219.5) and section filed 12-21-2001; operative 1-20-2002 (Register 2001, No. 51).
2. Amendment of article heading and amendment of Note filed 5-1-2003; operative 5-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 18).
3. Amendment of article heading, section heading and section filed 5-19-2004; operative 5-19-2004 pursuant to Government Code section 11343.4(c) (Register 2004, No. 21).
4. Amendment of section heading and section filed 8-16-2005; operative 8-16-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 33).
5. Amendment of subsection (a)(3) and repealer of subsection (c) filed 12-20-2007; operative 12-20-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 51).
6. Amendment of article heading and section filed 11-3-2009; operative 12-3-2009 (Register 2009, No. 45).
7. Change without regulatory effect amending article heading filed 1-4-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
§1215.5. Accommodations for Pupils or Adult Students with Disabilities.
Note • History
(a) Eligible pupils or eligible adult students with disabilities shall be permitted to take the CAHSEE with the following accommodations if specified in the eligible pupil's or eligible adult student's IEP or Section 504 plan for use on the CAHSEE, standardized testing, or for use during classroom instruction and assessments.
(b) Presentation accommodations include:
(1) large print versions in 20-point font.
(2) CAHSEE enlarged if larger than 20-point font is required.
(3) Braille transcriptions provided by the test contractor.
(4) audio or oral presentation of the mathematics section of the CAHSEE.
(5) Manually Coded English or American Sign Language to present test questions on the mathematics section of the CAHSEE.
(6) audio or oral presentation of any prompts or passages present in the writing task.
(7) Manually Coded English or American Sign Language to present any prompts or passages present in the writing task.
(c) Response accommodations include:
(1) responses marked in test booklet and transferred to the answer document by a school, school district, or nonpublic school employee who has signed the Test Security Affidavit as identified in section 1211.5(d).
(2) responses dictated orally, or in Manually Coded English or in American Sign Language to a scribe for selected-response items (e.g., multiple-choice test questions).
(3) responses dictated orally or in Manually Coded English to a scribe, audio recorder or speech-to-text converter on the writing portion of the CAHSEE, and the eligible pupil or eligible adult student indicates all spelling and language conventions.
(4) word processing software with spell and grammar check tools turned off on the writing portion of the CAHSEE.
(5) an assistive device that does not interfere with the independent work of the eligible pupil or eligible adult student on the multiple choice or writing portion of the CAHSEE.
(d) Scheduling/timing accommodations include:
(1) testing over more than one day after consultation with the test contractor.
(2) supervised breaks within a section of the CAHSEE.
(3) administration of the CAHSEE at the most beneficial time of day to the eligible pupil or eligible adult student after consultation with the test contractor.
(e) Setting accommodations include tests administered by a test examiner to an eligible pupil or eligible adult student at home or in the hospital.
(f) The use of accommodations on the CAHSEE will not invalidate an eligible pupil's or eligible adult student's test score or scores.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 60850, Education Code.
HISTORY
1. Renumbering of former section 1217 to new section 1215.5, including amendment of section heading and section, filed 5-19-2004; operative 5-19-2004 pursuant to Government Code section 11343.4(c) (Register 2004, No. 21).
2. Amendment filed 8-16-2005; operative 8-16-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 33).
3. Amendment of subsection (a)(2) and repealer of subsection (g) filed 12-20-2007; operative 12-20-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 51).
4. Amendment filed 11-3-2009; operative 12-3-2009 (Register 2009, No. 45).
§1216. Modifications for Pupils or Adult Students with Disabilities.
Note • History
(a) Eligible pupils or eligible adult students with disabilities shall be permitted to take the CAHSEE with the following modifications if specified in the eligible pupil's or eligible adult student's IEP or Section 504 plan for use on the CAHSEE, standardized testing, or for use during classroom instruction and assessments.
(b) The following are modifications as defined by Education Code section 60850 because they fundamentally alter what the CAHSEE measures or affect the comparability of scores:
(1) arithmetic tables or formulas, calculators, or math manipulatives on the mathematics section of the CAHSEE.
(2) audio or oral presentation of the multiple-choice portion of the English-language arts section of the CAHSEE.
(3) Manually Coded English or American Sign Language to present the multiple-choice portion of the English-language arts section of the CAHSEE.
(4) spellcheckers, grammar checkers, or word processing software programs that check or correct spelling and/or grammar on the writing portion of the CAHSEE.
(5) mechanical or electronic devices or other assistive devices that are not used solely to record the eligible pupil's or eligible adult student's responses, including but not limited to transcribers, scribes, voice recognition or voice-to-text software, and that identify a potential error in the eligible pupil's or eligible adult student's response or that correct spelling, grammar or conventions on the writing portion of the CAHSEE.
(6) responses dictated orally, in Manually Coded English, or in American Sign Language to provide an essay response to a scribe and the scribe provides spelling, grammar, and language conventions.
(7) dictionary on any section of the CAHSEE.
(c) For the purposes of receiving a high school diploma, an eligible pupil or eligible adult student who takes the CAHSEE with one or more modifications shall receive a score that is not valid for the sections of the CAHSEE on which the modifications were used. If the score is equivalent to a passing score, the eligible pupil or eligible adult student may be eligible for a waiver pursuant to Education Code section 60851.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 60850, Education Code; and 20 USC Section 6311.
HISTORY
1. New section filed 12-21-2001; operative 1-20-2002 (Register 2001, No. 51).
2. Amendment of Note filed 5-1-2003; operative 5-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 18).
3. Amendment of section heading and repealer and new section filed 5-19-2004; operative 5-19-2004 pursuant to Government Code section 11343.4(c) (Register 2004, No. 21).
4. Amendment of section and Note filed 8-16-2005; operative 8-16-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 33).
5. Amendment of subsections (b)(2)-(3) and (c) and repealer of subsection (d) filed 12-20-2007; operative 12-20-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 51).
6. Amendment filed 11-3-2009; operative 12-3-2009 (Register 2009, No. 45).
§1216.1. Implementation of an Alternative Means.
Note • History
The State Board of Education, pursuant to Education Code section 60852.2(b), hereby extends the commencement date for implementation of alternative means by which an eligible pupil with a disability may demonstrate the same level of academic achievement in the content standards required for passage of the CAHSEE to January 1, 2013.
NOTE
Authority cited: Section 60852.2, Education Code. Reference: Sections 60852.2 and 60852.3, Education Code.
HISTORY
1. New section filed 10-18-2010 as an emergency; operative 10-18-2010 (Register 2010, No. 43). A Certificate of Compliance must be transmitted to OAL by 4-18-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-18-2010 order transmitted to OAL 2-15-2011 and filed 3-1-2011 (Register 2011, No. 9).
3. Amendment filed 3-26-2012 as an emergency; operative 3-26-2012 (Register 2012, No. 13). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-26-2012 order transmitted to OAL 7-26-2012 and filed 9-6-2012 (Register 2012, No. 36).
Note • History
School districts shall provide identified English learner pupils or adult English learner students the following additional testing variations if regularly used in the classroom or for assessment:
(a) Flexible setting. English learners may have the opportunity to be tested in a separate room with other English learners provided that the eligible pupil or eligible adult student is directly supervised by an employee of the school, district, or nonpublic school, who has signed the Test Security Affidavit.
(b) Flexible schedule. English learners may have additional supervised breaks within a testing day.
(c) Flexible time. English learners may have extra time on the CAHSEE within a testing day.
(d) Translated directions. English learners may have the opportunity to hear the test directions printed in the test contractor's manual translated into their primary language. English learners may have the opportunity to ask clarifying questions about the test directions in their primary language.
(e) Glossaries. English learners may have access to translation glossaries (English to primary language and/or primary language to English). The glossaries are to include only the English word or phrase with the corresponding primary language word or phrase. The glossaries shall include no definitions, formulas, or parts of speech.
NOTE
Authority cited: Sections 12001 and 33031, Education Code. Reference: Sections 60810(7)(d)(1), 60850 and 60852, Education Code; and 20 USC Section 6311.
HISTORY
1. New section filed 12-21-2001; operative 1-20-2002 (Register 2001, No. 51).
2. Amendment of section heading, subsection (c) and Note filed 5-1-2003; operative 5-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 18).
3. Renumbering of former section 1217 to section 1215.5 and renumbering of former section 1217.5 to section 1217, including amendment of section heading, section and Note, filed 5-19-2004; operative 5-19-2004 pursuant to Government Code section 11343.4(c) (Register 2004, No. 21).
4. Amendment of section and Note filed 8-16-2005; operative 8-16-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 33).
5. Redesignation of former subsections (1)-(5) as new subsections (a)-(e) and amendment of newly designated subsection (e) filed 12-20-2007; operative 12-20-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 51).
6. Change without regulatory effect amending subsection (c) filed 1-4-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
§1217.5. English Language Learners. [Renumbered]
Note • History
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 60850, Education Code.
HISTORY
1. New section filed 12-21-2001; operative 1-20-2002 (Register 2001, No. 51).
2. Amendment of Note filed 5-1-2003; operative 5-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 18).
3. Renumbering of former section 1217.5 to section 1217 filed 5-19-2004; operative 5-19-2004 pursuant to Government Code section 11343.4(c) (Register 2004, No. 21).
§1218. Review Process for Variations Not Specified in Sections 1215, 1215.5, or 1216 in Administering the California High School Exit Examination.
Note • History
(a) The school district must file a request with the CDE for review and approval of proposed CAHSEE variations that are not specified in sections 1215, 1215.5, or 1216. Requests must be received by the CDE at least 30 working days in advance of the proposed administration of the CAHSEE.
(b) The request for review of proposed variations in administering the CAHSEE must include:
(1) A description of the requested variation(s).
(2) If applicable, a certification that the pupil's or adult student's IEP or Section 504 plan specifies that the requested variation is appropriate and necessary to access the CAHSEE due to the pupil's or adult student's identified disability(ies) and that such variation is currently listed in the pupil's or adult student's IEP or Section 504 plan.
(c) The CDE determination shall be a final administrative decision for purposes of review under the Administrative Procedure Act.
(d) The CDE shall issue its decision within 15 working days of receipt of the request for review of proposed variation.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 60850, Education Code.
HISTORY
1. New section filed 12-21-2001; operative 1-20-2002 (Register 2001, No. 51).
2. Amendment of section heading and section filed 5-19-2004; operative 5-19-2004 pursuant to Government Code section 11343.4(c) (Register 2004, No. 21).
3. Amendment of section heading and subsections (a), (c) and (d) filed 12-20-2007; operative 12-20-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 51).
4. Change without regulatory effect amending section heading and subsections (a), (b) and (b)(2) filed 1-4-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
§1218.5. Use of Modifications. [Repealed]
Note • History
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 60850 and 60851, Education Code; and 34 CFR Section 300.138(a).
HISTORY
1. New section filed 5-1-2003; operative 5-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 18).
2. Repealer filed 5-19-2004; operative 5-19-2004 pursuant to Government Code section 11343.4(c) (Register 2004, No. 21).
§1218.6. Waiver Requests on Behalf of Pupils in a State Special School.
Note • History
(a) For a pupil in a state special school who is eligible for a waiver, at the parent or guardian's request, the state special school principal shall submit a waiver request to the local governing board of the school district that placed the pupil in the state special school.
NOTE
Authority cited: Sections 33031 and 48200, Education Code. Reference: Sections 56101 and 60850, Education Code; and 34 CFR Section 300.138(a).
HISTORY
1. New section filed 5-19-2004; operative 5-19-2004 pursuant to Government Code section 11343.4(c) (Register 2004, No. 21).
§1219. Independent Work of the Pupil or Adult Student.
Note • History
In administering the CAHSEE with accommodations or modifications pursuant to Section 1215.5 or 1216, school districts shall ensure that all CAHSEE responses are the independent work of the pupil or adult student. School districts, school district personnel, including scribes and nonpublic school personnel are prohibited from assisting any pupil or adult student in determining how the pupil or adult student will respond to each question, and are prohibited from leading or directing the pupil or adult student to a particular response, and from correcting, prompting or otherwise influencing a response.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 60850, Education Code.
HISTORY
1. New section filed 12-21-2001; operative 1-20-2002 (Register 2001, No. 51).
2. Amendment of Note filed 5-1-2003; operative 5-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 18).
3. Amendment filed 5-19-2004; operative 5-19-2004 pursuant to Government Code section 11343.4(c) (Register 2004, No. 21).
4. Amendment filed 12-20-2007; operative 12-20-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 51).
5. Change without regulatory effect amending section filed 1-4-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
§1219.5. Invalidation of Test Scores. [Repealed]
Note • History
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 60850, Education Code.
HISTORY
1. New section filed 12-21-2001; operative 1-20-2002 (Register 2001, No. 51).
2. Amendment of Note filed 5-1-2003; operative 5-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 18).
3. Repealer filed 5-19-2004; operative 5-19-2004 pursuant to Government Code section 11343.4(c) (Register 2004, No. 21).
Article 4. Cheating
Note • History
(a) Any pupil or adult student found by the school district or its agents to have cheated or assisted others in cheating, or to have compromised the security of the CAHSEE shall not receive a score from that test administration.
(b) The school district shall notify each eligible pupil or adult student prior to each administration of the CAHSEE of the provisions of subdivision (a).
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 60851, Education Code.
HISTORY
1. New article 4 (section 1220) and section filed 6-20-2001; operative 7-20-2001 (Register 2001, No. 25).
2. Amendment of Note filed 5-1-2003; operative 5-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 18).
3. Amendment filed 5-19-2004; operative 5-19-2004 pursuant to Government Code section 11343.4(c) (Register 2004, No. 21).
4. Change without regulatory effect amending section filed 1-4-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
Article 5. Apportionment
Note • History
(a) Annually, each school district shall receive an apportionment information report with the following information for those CAHSEEs administered during the previous fiscal year (July 1 through June 30).
(1) The number of eligible pupils by grade level and eligible adult students enrolled in each school and in the school district on the day of testing as indicated by the number of answer documents submitted to the test contractor for scoring for each administration.
(2) The number of eligible pupils by grade level and eligible adult students who were administered any portion of the CAHSEE.
(3) The number of eligible pupils by grade level with demographic information only who were not tested for any reason other than because they were taking the CAPA.
(b) To be eligible for apportionment payment, school districts must meet the following conditions:
(1) The school district has returned all secure test materials;
(2) The superintendent of the school district has certified that all CAHSEEs during the prior fiscal year were administered in compliance with California Code of Regulations, title 5, division 1, chapter 2, subchapter 6; and
(3) The superintendent of the school district has certified the accuracy of the apportionment information report for CAHSEEs administered during the prior fiscal year (July 1 through June 30), which certification is either:
(A) postmarked by December 31, or
(B) if postmarked after December 31, the apportionment information report must be accompanied by a waiver request as provided by Education Code section 33050. For those apportionment information reports postmarked after December 31, apportionment payment is contingent upon the availability of an appropriation for this purpose in the fiscal year in which the tests were administered.
(c) The amount of funding to be apportioned to the school district for the CAHSEE shall be calculated by multiplying the amount per administration established by the SBE to enable school districts to meet the requirements of Education Code section 60851 by the number of eligible pupils and eligible adult students in the school district tested for one or both portions of the CAHSEE during the previous fiscal year as determined by the apportionment information report certified by the school district superintendent pursuant to subdivision (b).
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 60851, Education Code.
HISTORY
1. New article 5 (section 1225) and section filed 6-20-2001; operative 7-20-2001 (Register 2001, No. 25).
2. Amendment of Note filed 5-1-2003; operative 5-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 18).
3. Amendment of subsection (c) and new subsection (d) filed 5-19-2004; operative 5-19-2004 pursuant to Government Code section 11343.4(c) (Register 2004, No. 21).
4. Repealer and new subsections (a) and (b), amendment of subsection (c) and repealer of subsection (d) filed 8-16-2005; operative 8-16-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 33).
5. Amendment of subsection (b)(1), new subsection (b)(2), subsection renumbering and amendment of newly designated subsection (b)(3) and subsection (c) filed 12-20-2007; operative 12-20-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 51).
6. Change without regulatory effect amending section filed 1-4-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
Subchapter 7. Graduation of Pupils from Grade 12 and Credit Toward Graduation
Article 1. Measurement of Credit Toward Graduation from Grade 12
Note • History
For the purposes of this chapter:
(a) “Semester period” and the “time equivalent to a semester period” mean:
(1) One period of 40 to 60 minutes of instructional time per week throughout one semester of no less than 17 weeks.
(2) A minimum of 12 clock hours of instructional time provided during the academic year or in a summer school.
(b) “Semester period” and the “content equivalent to a semester period” mean:
(1) While the content to be covered is planned within the time frames referred to in (a), a student may be granted one semester period of credit even though the student spends less than the aforementioned amount of time in completing the necessary work.
NOTE
Authority cited: Section 33031, Education Code.
HISTORY
1. Repealer of Article 1 (Sections 1600 through 1602) filed 4-17-73; effective thirtieth day thereafter (Register 73, No. 16). For prior history, see Register 69, No. 39.
2. New Article 1 (§ 1600) filed 3-7-74; effective thirtieth day thereafter (Register 74, No. 10).
3. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Article 2. Credit Toward High School Graduation
§1630. Credit for College Courses. [Repealed]
Note • History
NOTE
Authority cited: Sections 51740 and 51760, Education Code.
HISTORY
1. New Article 2 (§§ 1630 through 1635) filed 7-22-69; effective thirtieth day thereafter (Register 69, No. 30).
2. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Change without regulatory effect repealing section filed 9-1-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 35).
§1631. Credit for Private Instruction.
The governing board may grant to a pupil regularly enrolled and in attendance in a high school, credit toward graduation from Grade 12 for private instruction in fields and subject included in the courses of study and curricula of the school. The pupil shall demonstrate, by examinations given under the direction and supervision of the school, his capabilities at the beginning and at the end of his period of private instruction and evidence that he has made progress in learning satisfactory to the school.
§1632. Credit for Private School Foreign Language Instruction.
Note
If all of the following conditions and standards are met, credit for foreign language studies successfully completed in a private school shall be granted and apply toward meeting any foreign language requirement prescribed for grades 9-12.
(a) The pupil seeking credit is regularly enrolled and in attendance in grade 9-12 of the district or is applying for admission thereto.
(b) The pupil, or his parent or guardian, on behalf of the pupil, makes written application for the credit, specifying the private school attended and the amount and level of credit requested; and submits a transcript or other documents from the private school evidencing the pupil's successful completion of the course. The amount of credit sought shall not be less than one semester's work or the equivalent.
(c) The pupil demonstrates to the satisfaction of the principal of the public school in which he is enrolled that his achievement in the foreign language is equivalent to that expected of a pupil of comparable ability taking the same or similar instruction at the specified level in the schools of the district. The principal's determination shall be based upon the private school's report of the results of a test given the pupil by the private school; the test shall have been developed by the private school in cooperation with the district of the pupil's attendance. If the institution was a school located outside the district, the determination may be based upon a test given the student by a public school or such other evidence as the principal deems appropriate.
NOTE
Specific authority cited: Section 8705, Education Code.
§1633. Credit for Correspondence Instruction.
History
Credit toward graduation may be granted for correspondence instruction that meets the requirements of subdivision (a) and (b), is in a subject included in the pupil's course of study, and is given by an institution described in Education Code section 51740.
Payment of the cost of correspondence instruction may be made by the district, only if the requirements of Education Code section 51740 or 51741, as applicable, are met and all of the following conditions are fulfilled:
(a) The governing board determined the number of semester periods to be credited for successful completion of a particular correspondence course.
(b) No more than 40 semester periods of instruction by correspondence is credited to a pupil toward his graduation from grade 12.
(c) The district applied, on a form furnished by the California Department of Education and in accordance with the directions thereon, for authorization to provide the correspondence instruction; and the Superintendent of Public Instruction authorized it.
HISTORY
1. Amendment of section and repealer of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Change without regulatory effect amending first two paragraphs and subsection (c) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§1634. Credit to Present or Past Members of the Armed Services.
Note • History
The governing board maintaining a four-year high school or a senior high school may award a diploma of graduation from Grade 12 to a person described in Education Code Section 51440 who meets the graduation requirements adopted by the governing board pursuant to Education Code Section 51225, or their equivalent. The governing board shall keep a permanent record of the credit allowed pursuant to this section. Credit toward graduation may be allowed to such a person in accordance with the following table:
Maximum
Semester
Work Successfully Periods of
Completed Credit Allowable
(a) Basic or recruit training program with the
Armed Forces of the United States. 30
(b) Specialist or technical training program in the
United States military services evidenced by
certification of the U.S. Armed Forces Institute,
provided the training is in subjects that parallel
courses usually taught in high school . 20 for each course
(c) A training course, as a member of the
Armed Forces, in a vocation that is
found in civilian life. 20 for each course
(d) General Educational Development Tests
(high school level) prepared by the
American Council on Education with both: No limit
(1) A standard score of 40, or above, on each of
the tests in the battery.
(2) An average standard score of 45, or above.
(e) Work experience in the Armed Forces that
parallels a course or courses (usually taught
in high schools, evidenced by a statement
upon the serviceman's record. 20
(f) Classes completed in either:
(1) A public high school in the United States. 5 for each semester
course completed
(2) A private high school of equivalent status in
the United States.
(g) Classes in subjects included in the high school
course of study completed in a junior college
or college in the United States accredited by
a regional accrediting association. 3 1/3 for each
one credit hour
allowed by the
junior college
or college in
which the class
was taken.
NOTE
Authority cited: Section 51440, Education Code. Reference: Sections 51420 and 51440, Education Code.
HISTORY
1. Amendment of section and repealer of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Amendment of subsection (d)(1) filed 7-28-86; effective upon filing (Register 86, No. 31).
§1635. Credit for Work Experience Education.
History
The governing board shall grant to a pupil for the satisfactory completion of work experience education established under Education Code Section 51760 credit in an amount not to exceed a total of 40 semester periods made up of one or a combination of two or more of the following types:
(a) For Exploratory Work Experience Education: Ten (10) semester periods for each semester, with a maximum of twenty (20) semester periods earned in two semesters.
(b) For General Work Experience Education: Ten (10) semester periods for each semester with a maximum of forty (40) semester periods.
(c) For Vocational Work Experience Education: Ten (10) semester periods for each semester with a maximum of forty (40) semester periods.
HISTORY
1. Amendment of section and repealer of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Article 3. Diploma of Graduation
§1650. Time of Granting Diploma.
History
Except as provided in Section 1651, the governing board shall award the diploma of graduation from grade 12 at the end of the semester or summer school session during which the student completed the course of study prescribed by the governing board.
HISTORY
1. New Article 3 (Sections 1650 and 1651) filed 7-22-69; effective thirtieth day thereafter (Register 69, No. 30).
§1651. Time of Granting Diploma upon Evaluation (Veterans).
History
If the governing board evaluates preparation of a person described in Education Code Section 51440 as provided in Section 1634, and finds that he meets the graduation requirements or their equivalent specified in that section, it may award him a diploma of graduation immediately.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Chapter 3. Individuals with Exceptional Needs
Subchapter 1. Special Education
Article 1. General Provisions
Note • History
(a) This chapter applies to those special education programs which are administered under a local plan as defined in section 56027 and Part 30 of the Education Code. Provisions of this chapter shall be construed as supplemental to, and in the context of, Federal and State laws and regulations relating to individuals with exceptional needs in effect. The intent of this chapter is to assure conformity with the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. 1400, et seq.) and implementing regulations including Title 34, Code of Federal Regulations (34 C.F.R.), Sections 300.1 et seq and Sections 76.1 et seq.
(b) A school district, special education local plan area (SELPA), or county office shall use federal, state, local, and private sources of support which are available to provide services as specified in an individualized education program (IEP) as defined in Education Code section 56032.
(c) Nothing in this chapter relieves any other agency from an otherwise valid obligation to provide or pay for services for individuals with exceptional needs. Clarification and specificity of responsibilities shall be included in, but not limited to, interagency agreements.
NOTE
Authority cited: Section 56100, Education Code. Reference: Sections 56000 and 56001, Education Code; and 34 C.F.R. 300.1.
HISTORY
1. Repealer of Division 3, Chapters 1-5 (sections 3100-3797, not consecutive) and new Division 3, Chapter 1, Articles 1-7, (sections 300-3080, not consecutive) filed 2-3-82; effective thirtieth day thereafter (Register 82, No. 6). For prior history of former Division 3, see Registers 80, No. 23; 80, No. 12; 79, No. 38; and 79; and 79, No. 16.
2. Amendment of subsection (b) filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
3. Change without regulatory effect amending chapter 3 heading, section and Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
Note • History
In addition to those found in Education Code sections 56020-56033, Public Law 94-142 as amended (20 U.S.C. Sections 1401 et seq.), and Title 34, Code of Federal Regulations, Part 300 and 301, the following definitions are provided:
(a) “Access” means that the nonpublic, nonsectarian school shall provide State Board of Education (SBE)-adopted, standards-aligned core curriculum and instructional materials for kindergarten and grades 1 to 8, inclusive; and provide standards-aligned core curriculum and instructional materials for grades 9 to 12, inclusive, used by a local educational agency (LEA) that contracts with the nonpublic school.
(1) The nonpublic, nonsectarian school shall provide each student with a copy of textbooks and other instructional materials used to implement the SBE-adopted core curriculum (K-8) and standards-aligned core curriculum (9-12) in each subject area. As required through the individualized education program (IEP) for each pupil with hearing impairments, vision impairments, severe orthopedic impairments, or any combination thereof, SBE-adopted core curriculum (K-8) and standards-aligned core curriculum (9-12) may be in Braille, large print, recordings, and American Sign Language VideoBooks.
(2) Photocopies of portions of textbooks or instructional materials, or photocopies of entire textbooks or instructional materials to implement SBE-adopted core curriculum (K-8) and standards-aligned core curriculum (9-12) is not sufficient access.
(b) “Applicant” means an individual, firm, partnership, association, or corporation who has made application for certification as a nonpublic, nonsectarian school, or agency.
(c) “Assessment and development of the individualized education program” (IEP) means services described in Education Code sections 56320 et seq. and 56340 et seq.
(d) “Behavioral emergency” is the demonstration of a serious behavior problem:
(1) which has not previously been observed and for which a behavioral intervention plan has not been developed; or
(2) for which a previously designed behavioral intervention is not effective. Approved behavioral emergency procedures must be outlined in the special education local planning area (SELPA) local plan.
(e) “Behavioral intervention” means the systematic implementation of procedures that result in lasting positive changes in the individual's behavior. “Behavioral intervention” means the design, implementation, and evaluation of individual or group instructional and environmental modifications, including programs of behavioral instruction, to produce significant improvements in human behavior through skill acquisition and the reduction of problematic behavior. “Behavioral interventions” are designed to provide the individual with greater access to a variety of community settings, social contacts and public events; and ensure the individual's right to placement in the least restrictive educational environment as outlined in the individual's IEP. “Behavioral interventions” do not include procedures which cause pain or trauma. “Behavioral interventions” respect the individual's human dignity and personal privacy. Such interventions shall assure the individual's physical freedom, social interaction, and individual choice.
(f) “Behavioral intervention case manager” means a designated certificated school/district/county/nonpublic school or agency staff member(s) or other qualified personnel pursuant to subdivision (ac) contracted by the school district or county office or nonpublic school or agency who has been trained in behavior analysis with an emphasis on positive behavioral interventions. The “behavioral intervention case manager” is not intended to be a new staffing requirement and does not create any new credentialing or degree requirements. The duties of the “behavioral intervention case manager” may be performed by any existing staff member trained in behavioral analysis with an emphasis on positive behavioral interventions, including, but not limited to, a teacher, resource specialist, school psychologist, or program specialist.
(g) “Behavioral intervention plan” is a written document which is developed when the individual exhibits a serious behavior problem that significantly interferes with the implementation of the goals and objectives of the individual's IEP. The “behavioral intervention plan” shall become part of the IEP. The plan shall describe the frequency of the consultation to be provided by the behavioral intervention case manager to the staff members and parents who are responsible for implementing the plan. A copy of the plan shall be provided to the person or agency responsible for implementation in noneducational settings. The plan shall include the following:
(1) a summary of relevant and determinative information gathered from a functional analysis assessment;
(2) an objective and measurable description of the targeted maladaptive behavior(s) and replacement positive behavior(s);
(3) the individual's goals and objectives specific to the behavioral intervention plan;
(4) a detailed description of the behavioral interventions to be used and the circumstances for their use;
(5) specific schedules for recording the frequency of the use of the interventions and the frequency of the targeted and replacement behaviors; including specific criteria for discontinuing the use of the intervention for lack of effectiveness or replacing it with an identified and specified alternative;
(6) criteria by which the procedure will be faded or phased-out, or less intense/frequent restrictive behavioral intervention schedules or techniques will be used;
(7) those behavioral interventions which will be used in the home, residential facility, work site or other noneducational settings; and
(8) specific dates for periodic review by the IEP team of the efficacy of the program.
(h) “Board” means the California State Board of Education.
(i) “CDE” means the California Department of Education.
(j) “Certification” means authorization by the California State Superintendent of Public Instruction (SSPI) for a nonpublic school or nonpublic agency to service individuals with exceptional needs under a contract pursuant to the provisions of Education Code section 56366(d).
(k) “Contracting education agency,” means school district, a SELPA, a charter school participating as a member of a special education local plan area, or county office of education.
(l) “Credential” means any valid credential, life diploma, or document in special education or pupil personnel services issued by, or under the jurisdiction of, the California State Board of Education prior to 1970 or the California Commission on Teacher Credentialing, which entitles the holder thereof to perform services for which certification qualifications are required.
(m) “Department of Consumer Affairs” means the California Department of Consumer Affairs.
(n) “Dual enrollment” means the concurrent attendance of the individual in a public education agency and a nonpublic school and/or a nonpublic agency.
(o) “Feasible” as used in Education Code section 56363(a) means the IEP team:
(1) has determined the regular class teacher, special class teacher, and/or resource specialist possesses the necessary competencies and credentials/certificates to provide the designated instruction and service specified in the IEP, and
(2) has considered the time and activities required to prepare for and provide the designated instruction and services and related services by the regular class teacher, special class teacher, and/or resource specialist.
(p) “Free appropriate public education” means special education and related services that:
(1) have been provided at public expense, under public supervision and direction and without charge;
(2) meets any of the standards established by state or federal law;
(3) include an appropriate preschool, elementary, or secondary school education in California; and
(4) are provided in conformity with the IEP required under state and federal law.
(q) “Individual Services Agreement” means a document, prepared by the LEA, that specifies the length of time for which special education and designated instruction and services and related services are to be provided, by nonpublic schools and/or nonpublic agencies, to individuals with exceptional needs.
(r) “Instructional day” shall be the same period of time as constitutes the regular school day for that chronological peer group unless otherwise specified in the IEP.
(s) “License” means a valid nonexpired document issued by a licensing agency within the California Department of Consumer Affairs or other state licensing office authorized to grant licenses and authorizing the bearer of the document to provide certain professional services or refer to themselves using a specified professional title. If a license is not available through an appropriate state licensing agency, a certificate of registration with the appropriate professional organization at the national or state level which has standards established for the certificate that are equivalent to a license shall be deemed to be a license.
(t) “Linguistically appropriate goals, objectives, and programs” means:
(1)(A) those activities which lead to the development of English language proficiency; and
(B) those instructional systems either at the elementary or secondary level which meet the language development needs of the English language learner.
(2) For individuals whose primary language is other than English, and whose potential for learning a second language, as determined by the IEP team, is severely limited, nothing in this section shall preclude the IEP team from determining that instruction may be provided through an alternative program pursuant to a waiver under Education Code section 311 provided that the IEP team periodically, but not less than annually, reconsiders the individual's ability to receive instruction in the English language.
(u) “Local educational agency” (LEA) means a school district, a county office of education, a charter school participating as a member of a special education local plan area, or a special education local plan area.
(v) “Local governing board,” means either district or county board of education.
(w) “Master contract” means the legal document that binds the public education agency and the nonpublic school or nonpublic agency.
(x) “Nonsectarian” means a private, nonpublic school or agency that is not owned, operated, controlled by, or formally affiliated with a religious group or sect, whatever might be the actual character of the education program or the primary purpose of the facility and whose articles of incorporation and/or by-laws stipulate that the assets of such agency or corporation will not inure to the benefit of a religious group.
(y) “Primary language” means the language other than English, or other mode of communication, the person first learned, or the language which is spoken in the person's home.
(z) “Qualified” means that a person has met federal and state certification, licensing, registration, or other comparable requirements which apply to the area in which he or she is providing special education or related services, or, in the absence of such requirements, the state-education-agency-approved or recognized requirements, and adheres to the standards of professional practice established in federal and state law or regulation, including the standards contained in the California Business and Professions Code. Nothing in this definition shall be construed as restricting the activities in services of a graduate needing direct hours leading to licensure, or of a student teacher or intern leading to a graduate degree at an accredited or approved college or university, as authorized by state laws or regulations.
(aa) “Related services” means transportation, and such developmental, corrective, and other supportive services (including speech pathology and audiology, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, counseling services, including rehabilitation counseling, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as required to assist an individual with exceptional needs to benefit from special education, and includes the early identification and assessment of disabling conditions in children. Related services include, but are not limited to, designated instruction and services. The list of related services is not exhaustive and may include other developmental, corrective, or supportive services if they are required to assist a child with a disability to benefit from special education. Each related service defined under this part may include appropriate administrative and supervisory activities that are necessary for program planning, management, and evaluation.
(ab) “Serious behavior problems” means the individual's behaviors which are self-injurious, assaultive, or cause serious property damage and other severe behavior problems that are pervasive and maladaptive for which instructional/behavioral approaches specified in the student's IEP are found to be ineffective.
(ac) “Special education” means specially designed instruction, at no cost to the parents, to meet the unique needs of individuals with exceptional needs whose educational needs cannot be met with modification of the regular instruction program, and related services, at no cost to the parent, that may be needed to assist these individuals to benefit from specially designed instruction.
(ad) “Specialized physical health care services” means those health services prescribed by the individual's licensed physician and surgeon requiring medically related training for the individual who performs the services and which are necessary during the school day to enable the individual to attend school.
(ae) “Specified education placement” means that unique combination of facilities, personnel, location or equipment necessary to provide instructional services to an individual with exceptional needs, as specified in the IEP, in any one or a combination of public, private, home and hospital, or residential setting. The IEP team shall document its rationale for placement in other than the pupil's school and classroom in which the pupil would otherwise attend if the pupil were not disabled. The documentation shall indicate why the pupil's disability prevents his or her needs from being met in a less restrictive environment even with the use of supplementary aids and services.
(af) “SSPI” means the California State Superintendent of Public Instruction.
(ag) “Temporary physical disability” means a disability incurred while an individual was in a regular education class and which at the termination of the temporary physical disability, the individual can, without special intervention, reasonably be expected to return to his or her regular education class.
NOTE
Authority cited: Sections 56100 and 56523, Education Code. Reference: Sections 33000, 33126, 33300, 49423.5, 56026, 56026.3, 56034, 56320, 56361, 56366, 56366.10, 56520 and 56523, Education Code; Section 2, Article IX, Constitution of the State of California; 20 U.S.C. Section 1401; and 34 C.F.R. Section 300.4.
HISTORY
1. Amendment filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
2. New subsections (c)-(f)(8) and (y) and subsection relettering, amendment of newly designated subsections (j), (k), (p)(1)(B)-(p)(3), (r), (s), (v), (z) and (aa), and amendment of opening paragraph and Note filed 4-20-93; operative 5-20-93 (Register 93, No. 17).
3. Editorial correction of subsection (b) (Register 96, No. 8).
4. Amendment of subsections (f), (f)(7), (j) and (y) filed 2-23-96 as an emergency; operative 2-23-96 (Register 96, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-22-96 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction of subsection (j) (Register 96, No. 32).
6. Certificate of Compliance as to 2-23-96 order transmitted to OAL 6-21-96 and filed 8-5-96 (Register 96, No. 32).
7. Amendment of section and Note filed 7-18-97 as an emergency; operative 7-18-97 (Register 97, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-17-97 or emergency amendments will be repealed by operation of law on the following day.
8. Amendment of section and Note refiled 11-14-97 as an emergency; operative 11-14-97 (Register 97, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-16-98 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of section and Note as they existed prior to 7-18-97 emergency amendment by operation of Government Code section 11346.1(f) (Register 98, No. 16).
10. Amendment of section and Note filed 4-16-98 as an emergency; operative 4-16-98 (Register 98, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-14-98 or emergency language will be repealed by operation of law on the following day.
11. Reinstatement of section and Note as they existed prior to 4-16-98 emergency amendment by operation of Government Code section 11346.1(f) (Register 98, No. 34).
12. Amendment of first paragraph, new subsections (c), (d), (n), (v), (w), (z), (aa), (ae), (ag) and (a)(k), subsection relettering, amendment of newly designated subsections (f), (g), (i), (o), (q), (r), (s)(2), (x), (y), (ab), (ac) and (ad), and amendment of Note filed 8-19-98 as an emergency; operative 8-19-98 (Register 98, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-17-98 or emergency language will be repealed by operation of law on the following day.
13. Reinstatement of section and Note as they existed prior to 8-19-98 emergency amendment by operation of Government Code section 11346.1(f) (Register 98, No. 52).
14. Amendment of first paragraph, new subsections (c), (d), (n), (v), (w), (z), (aa), (ae), (ag) and (ak), subsection relettering, amendment of newly designated subsections (f), (g), (i), (o), (q), (r) and (s)(1)(A)-(B), repealer of subsection (s)(2), subsection renumbering, amendment of newly designated subsections (s)(2), (x), (y), (ab), (ac), (ad) and amendment of Note filed 12-21-98 as an emergency; operative 12-21-98 (Register 98, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-20-99 or emergency language will be repealed by operation of law on the following day.
15. Repealer and new section filed 3-25-99 as an emergency; operative 3-25-99 (Register 99, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-23-99 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 3-25-99 order, including amendment of section and Note, transmitted to OAL 7-23-99 and filed 9-1-99 (Register 99, No. 36).
17. Amendment of section and Note filed 3-27-2009; operative 4-26-2009 (Register 2009, No. 13).
Article 2. Administration
Note • History
Educational programs and services administered by other public agencies which provide educational programs and services to individuals with exceptional needs shall adhere to the provisions of federal and state laws and regulations relating to individuals with exceptional needs.
NOTE
Authority cited: Section 56100, Education Code. Reference: Sections 56000, 56100 and 56500, Education Code; and 34 C.F.R. Sections 300.2, 300.33 and 300.500.
HISTORY
1. Change without regulatory effect amending Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
Article 3. Identification, Referral, and Assessment
Note • History
(a) All referrals for special education and related services shall initiate the assessment process and shall be documented. When a verbal referral is made, staff of the school district, SELPA, or county office shall offer assistance to the individual in making a request in writing, and shall assist the individual if the individual requests such assistance.
(b) All school staff referrals shall be written and include:
(1) A brief reason for the referral.
(2) Documentation of the resources of the regular education program that have been considered, modified, and when appropriate, the results of intervention. This documentation shall not delay the time-lines for completing the assessment plan or assessment.
NOTE
Authority cited: Section 56100, Education Code; Reference: Sections 56300-56303, Education Code; and 34 C.F.R. Sections 300.111 and 300.301.
HISTORY
1. Amendment filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
2. Change without regulatory effect amending subsection (a) and Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3021.1. Referral of Pupils Having a Diagnosed Chronic Illness.
Note • History
(a) When a pupil has been medically diagnosed as having a chronic illness or acute health problem, the pupil may be referred to the school district or county office for an assessment to determine the need for special education.
(b) The following information shall be reviewed by the IEP team:
(1) The type of chronic illness;
(2) The possible medical side effects and complications of treatment that could affect school functioning:
(3) The educational and social implications of the disease and treatment to include but not limited to the likelihood of fatigue, absences, changes in physical appearance, amputations, or problems with fine and gross motor control, and
(4) Special considerations necessitated by outbreaks of infectious diseases, if applicable.
(c) The IEP team shall designate the school's liaison with the pupil's primary health provider.
NOTE
Authority cited: Section 56100, Education Code. Reference: Sections 56300, 56301, 56302 and 56303, Education Code; and 34 C.F.R. Sections 300.111 and 300.301.
HISTORY
1. New section filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
2. Change without regulatory effect amending subsections (b) and (c) and amending Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
Note • History
In addition to the assessment plan requirements of Education Code section 56321, the proposed written assessment plan shall include a description of any recent assessments conducted, including any available independent assessments and any assessment information the parent requests to be considered, and information indicating the pupil's primary language and the pupil's language proficiency in the primary language as determined by Education Code section 52164.1.
NOTE
Authority cited: Section 56100, Education Code. Reference: Sections 56321 and 56329, Education Code; and 34 C.F.R. Sections 300.301, 300.302, 300.303, 300.304 and 300.305.
HISTORY
1. Change without regulatory effect amending section and Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
Note • History
(a) In addition to provisions of Education Code sections 56320, assessments shall be administered by qualified personnel who are competent in both the oral or sign language skills and written skills of the individual's primary language or mode of communication and have a knowledge and understanding of the cultural and ethnic background of the pupil. If it clearly is not feasible to do so, an interpreter must be used, and the assessment report shall document this condition and note that the validity of the assessment may have been affected.
(b) The normal process of second-language acquisition, as well as manifestations of dialect and sociolinguistic variance shall not be diagnosed as a disabling condition.
NOTE
Authority cited: Section 56100, Education Code. Reference: Sections 56001, 56320, 56324 and 56327, Education Code; and 34 C.F.R. Sections 300.304, 300.305 and 300.310.
HISTORY
1. Amendment of subsection (a) filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
2. Change without regulatory effect amending section and Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
Note • History
In addition to the requirements specified in Education Code section 56325 and all applicable sections in this chapter, the following shall apply:
(a) Transfer of Records. Upon receipt of a request from an educational agency where an individual with exceptional needs has enrolled, a former educational agency shall send the pupil's special education records, or a copy thereof, within five working days.
(b) Transition from Elementary School District to High School District.
When a pupil is to enroll in a high school district from an elementary district, the elementary district shall invite the high school district to the IEP team meeting prior to the last scheduled review. If the authorized high school personnel participate with the elementary district personnel in the IEP team meeting, the IEP shall specify the appropriate high school placement.
If the authorized representative of the high school district has not participated in the IEP development prior to transfer from the elementary program, the elementary school district shall notify the high school district of those individuals with exceptional needs who require special education and related services. For each pupil listed who enrolls in the high school district, the administrator shall make an interim placement in accordance with Education Code section 56325 or shall immediately convene an IEP team meeting.
NOTE
Authority cited: Sections 49068 and 56100, Education Code. Reference: Sections 49068 and 56325, Education Code.
HISTORY
1. Change without regulatory effect amending section and Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3025. Assessment Option: Referral to State Schools for Further Assessment.
Note • History
(a) Prior to referring a pupil for further assessment to California Schools for the Deaf or Blind or the Diagnostic Schools, districts, SELPAs, counties, or other agencies providing education services, shall first conduct assessments at the local level within the capabilities of that agency. Results of local assessments shall be provided to parent(s) and shall state the reasons for referral to the State School. Results of local assessments shall accompany the referral request.
(b) The Schools for the Deaf and Blind and the Diagnostic Schools shall conduct assessments pursuant to the provisions of Education Code section 56320 et seq.
(c) A representative of the district, SELPAs, or county IEP team shall participate in the staffing meeting and shall receive the final report and recommendations. Conference calls are acceptable forms of participation, provided that written reports and recommendations have been received by the representative prior to the meeting.
NOTE
Authority cited: Section 56100, Education Code. Reference: Section 56326, Education Code.
HISTORY
1. Amendment filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
2. Change without regulatory effect amending section and Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3027. Hearing and Vision Screening.
Note • History
All pupils being assessed for initial and three-year review for special education services shall have had a hearing and vision screening, unless parental permission was denied.
NOTE
Authority cited: Section 56100, Education Code. Reference: Sections 56320, 56321 and 56327, Education Code; and 34 C.F.R. Section 300.304.
HISTORY
1. Change without regulatory effect amending Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3028. Audiological Assessment.
Note • History
All pupils continuing to fail a threshold hearing test shall be assessed by a licensed or credentialed audiologist and such assessment shall be a part of the assessment plan.
NOTE
Authority cited: Section 56100, Education Code. Reference: Sections 56320 and 56327, Education Code; and 34 C.F.R. Section 300.304.
HISTORY
1. Change without regulatory effect amending Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3029. Contracting for Individually Administered Tests of Psychological Functioning Due to the Unavailability of School Psychologists.
Note • History
(a) School districts, county offices, and special education local plan areas shall ensure that credentialed school psychologists are available to perform individually administered tests of intellectual or emotional functioning pursuant to Section 56320(b)(3) of the Education Code.
(b) Due to the temporary unavailability of a credentialed school psychologist, a school district or county office may contract with qualified personnel to perform individually administered tests of intellectual or emotional functioning including necessary reports pursuant to Section 56327 of the Education Code.
(c) The district or county office shall seek appropriately credentialed school psychologists for employment. These efforts, which include but are not limited to contacting institutions of higher education having approved school psychology programs and utilizing established personnel recruitment practices, shall be documented and available for review.
(d) The only persons qualified to provide assessment services under this section shall be educational psychologists licensed by the Board of Behavioral Science Examiners.
NOTE
Authority cited: Sections 56100(a) and 56320(f), Education Code. Reference: Sections 56320(b) and 56327, Education Code.
HISTORY
1. New section filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
Article 3.1. Individuals with Exceptional Needs
Note • History
A pupil shall qualify as an individual with exceptional needs, pursuant to Section 56026 of the Education Code, if the results of the assessment as required by Section 56320 demonstrate that the degree of the pupil's impairment as described in Section 3030 (a through j) requires special education in one or more of the program options authorized by Section 56361 of the Education Code. The decision as to the whether or not the assessment results demonstrate that the degree of the pupil's impairment requires special education shall be made by the individualized education program team, including personnel in accordance with Section 56341(d) of the Education Code. The individualized education program team shall take into account all the relevant material which is available on the pupil. No single score or product of scores shall be used as the sole criterion for the decision of the individualized education program team as to the pupil's eligibility for special education. The specific processes and procedures for implementation of these criteria shall be developed by each Special Education Local Plan Area and be included in the local plan pursuant to Section 56220(a) of the Education Code.
(a) A pupil has a hearing impairment, whether permanent or fluctuating, which impairs the processing of linguistic information through hearing, even with amplification, and which adversely affects educational performance. Processing linguistic information includes speech and language reception and speech and language discrimination.
(b) A pupil has concomitant hearing and visual impairments, the combination of which causes severe communication, developmental, and educational problems.
(c) A pupil has a language or speech disorder as defined in Section 56333 of the Education Code, and it is determined that the pupil's disorder meets one or more of the following criteria:
(1) Articulation disorder.
(A) The pupil displays reduced intelligibility or an inability to use the speech mechanism which significantly interferes with communication and attracts adverse attention. Significant interference in communication occurs when the pupil's production of single or multiple speech sounds on a developmental scale of articulation competency is below that expected for his or her chronological age or developmental level, and which adversely affects educational performance.
(B) A pupil does not meet the criteria for an articulation disorder if the sole assessed disability is an abnormal swallowing pattern.
(2) Abnormal Voice. A pupil has an abnormal voice which is characterized by persistent, defective voice quality, pitch, or loudness.
(3) Fluency Disorders. A pupil has a fluency disorder when the flow of verbal expression including rate and rhythm adversely affects communication between the pupil and listener.
(4) Language Disorder. The pupil has an expressive or receptive language disorder when he or she meets one of the following criteria:
(A) The pupil scores at least 1.5 standard deviations below the mean, or below the 7th percentile, for his or her chronological age or developmental level on two or more standardized tests in one or more of the following areas of language development: morphology, syntax, semantics, or pragmatics. When standardized tests are considered to be invalid for the specific pupil, the expected language performance level shall be determined by alternative means as specified on the assessment plan, or
(B) The pupil scores at least 1.5 standard deviations below the mean or the score is below the 7th percentile for his or her chronological age or developmental level on one or more standardized tests in one of the areas listed in subsection (A) and displays inappropriate or inadequate usage of expressive or receptive language as measured by a representative spontaneous or elicited language sample of a minimum of fifty utterances. The language sample must be recorded or transcribed and analyzed, and the results included in the assessment report. If the pupil is unable to produce this sample, the language, speech, and hearing specialist shall document why a fifty utterance sample was not obtainable and the contexts in which attempts were made to elicit the sample. When standardized tests are considered to be invalid for the specific pupil, the expected language performance level shall be determined by alternative means as specified in the assessment plan.
(d) A pupil has a visual impairment which, even with correction, adversely affects a pupil's educational performance.
(e) A pupil has a severe orthopedic impairment which adversely affects the pupil's educational performance. Such orthopedic impairments include impairments caused by congenital anomaly, impairments caused by disease, and impairments from other causes.
(f) A pupil has limited strength, vitality or alertness, due to chronic or acute health problems, including but not limited to a heart condition, cancer, leukemia, rheumatic fever, chronic kidney disease, cystic fibrosis, severe asthma, epilepsy, lead poising, diabetes, tuberculosis and other communicable infectious diseases, and hematological disorders such as sickle cell anemia and hemophilia which adversely affects a pupil's educational performance. In accordance with Section 5626(e) of the Education Code, such physical disabilities shall not be temporary in nature as defined by Section 3001(v).
(g) A pupil exhibits any combination of the following autistic-like behaviors, to include but not limited to:
(1) An inability to use oral language for appropriate communication.
(2) A history of extreme withdrawal or relating to people inappropriately and continued impairment in social interaction from infancy through early childhood.
(3) An obsession to maintain sameness.
(4) Extreme preoccupation with objects or inappropriate use of objects or both.
(5) Extreme resistance to controls.
(6) Displays peculiar motoric mannerisms and motility patterns.
(7) Self-stimulating, ritualistic behavior.
(h) A pupil has significantly below average general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period, which adversely affect a pupil's educational performance.
(i) Because of a serious emotional disturbance, a pupil exhibits one or more of the following characteristics over a long period of time and to a marked degree, which adversely affect educational performance:
(1) An inability to learn which cannot be explained by intellectual, sensory, or health factors.
(2) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.
(3) Inappropriate types of behavior or feelings under normal circumstances exhibited in several situations.
(4) A general pervasive mood of unhappiness or depression.
(5) A tendency to develop physical symptoms or fears associated with personal or school problems.
(j) A pupil has a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which may manifest itself in an impaired ability to listen, think, speak, read, write, spell, or do mathematical calculations, and has a severe discrepancy between intellectual ability and achievement in one or more of the academic areas specified in Section 56337(a) of the Education Code. For the purpose of Section 3030(j):
(1) Basic psychological processes include attention, visual processing, auditory processing, sensory-motor skills, cognitive abilities including association, conceptualization and expression.
(2) Intellectual ability includes both acquired learning and learning potential and shall be determined by a systematic assessment of intellectual functioning.
(3) The level of achievement includes the pupil's level of competence in materials and subject matter explicitly taught in school and shall be measured by standardized achievement tests.
(4) The decision as to whether or not a severe discrepancy exists shall be made by the individualized education program team, including assessment personnel in accordance with Section 56341(d), which takes into account all relevant material which is available on the pupil. No single score or product of scores, test or procedure shall be used as the sole criterion for the decisions of the individualized education program team as to the pupil's eligibility for special education. In determining the existence of a severe discrepancy, the individualized education program team shall use the following procedures:
(A) When standardized tests are considered to be valid for a specific pupil, a severe discrepancy is demonstrated by: first, converting into common standard scores, using a mean of 100 and standard deviation of 15, the achievement test score and the ability test score to be compared; second, computing the difference between these common standard scores; and third, comparing this computed difference to the standard criterion which is the product of 1.5 multiplied by the standard deviation of the distribution of computed differences of students taking these achievement and ability tests. A computed difference which equals or exceeds this standard criterion, adjusted by one standard error of measurement, the adjustment not to exceed 4 common standard score points, indicates a severe discrepancy when such discrepancy is corroborated by other assessment data which may include other tests, scales, instruments, observations and work samples, as appropriate.
(B) When standardized tests are considered to be invalid for a specific pupil, the discrepancy shall be measured by alternative means as specified on the assessment plan.
(C) If the standardized tests do not reveal a severe discrepancy as defined in subparagraphs (A) or (B) above, the individualized education program team may find that a severe discrepancy does exist, provided that the team documents in a written report that the severe discrepancy between ability and achievement exists as a result of a disorder in one or more of the basic psychological processes. The report shall include a statement of the area, the degree, and the basis and method used in determining the discrepancy. The report shall contain information considered by the team which shall include, but not be limited to:
1. Data obtained from standardized assessment instruments;
2. Information provided by the parent;
3. Information provided by the pupil's present teacher;
4. Evidence of the pupil's performance in the regular and/or special education classroom obtained from observations, work samples, and group test scores;
5. Consideration of the pupil's age, particularly for young children; and
6. Any additional relevant information.
(5) The discrepancy shall not be primarily the result of limited school experience or poor school attendance.
NOTE
Authority cited: Statutes of 1981, Chapter 1094, Section 25(a); and Section 56100(a), (g) and (i), Education Code. Reference: 20 USC 1401(a)(15) and 1412(5); 34 CFR 300.5(b)(7) and (9), 300.532(a)(2), (d) and (e), 300.533, 300.540, 300.541-43; and Sections 56026, 56320, 56333 and 56337, Education Code.
HISTORY
1. New Article 3.1 (Sections 3030 and 3031) filed 1-31-83; effective thirtieth day thereafter (Register 83, No. 6).
2. Amendment filed 2-11-86; effective thirtieth day thereafter (Register 86, No. 7).
3. Amendment filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
§3031. Additional Eligibility Criteria for Individuals with Exceptional Needs--Age Birth to Four Years and Nine Months.
Note • History
(a) A child, age birth to four years and nine months, shall qualify as an individual with exceptional needs pursuant to Education Code Section 56026(c)(1) and (2) if the Individualized Education Program Team determines that the child meets the following criteria:
(1) Is identified as an individual with exceptional needs pursuant to Section 3030, and
(2) Is identified as requiring intensive special education and services by meeting one of the following:
(A) The child is functioning at or below 50% of his or her chronological age level in any one of the following skill areas:
1. gross or fine motor development;
2. receptive or expressive language development;
3. social or emotional development;
4. cognitive development; and
5. visual development.
(B) The child is functioning between 51% and 75% of his or her chronological age level in any two of the skill areas identified in Section 3031(2)(A).
(C) The child has a disabling medical condition or congenital syndrome which the Individualized Education Program Team determines has a high predictability of requiring intensive special education and services.
(b) Programs for individuals with exceptional needs younger than three years of age are permissive in accordance with Section 56001(c) of the Education Code except for those programs mandated pursuant to Section 56425 of the Education Code.
NOTE
Authority cited: Statutes of 1981, Chapter 1094, Section 25(a); and Section 56100(a), (g) and (i), Education Code. Reference: 20 USC 1401(a)(15); 34 CFR 300.5; Statutes of 1981, Chapter 1094, Section 25(a); and Sections 56026, 56030.5, 56333, and 56337, Education Code.
HISTORY
1. Amendment of subsection (a)(2) filed 3-21-88; operative 4--20-88 (Register 88, No. 15).
Article 4. Instructional Planning and Individualized Education Program
§3040. Individualized Education Program Implementation.
Note • History
(a) Upon completion of the individualized education program, that individualized education program shall be implemented as soon as possible following the individualized education program team meeting.
(b) A copy of the individualized education program shall be provided to the parents at no cost, and a copy of the individualized education program shall be provided in the primary language at the request of the parent.
(c) The individualized education program shall show a direct relationship between the present levels of performance, the goals and objectives, and the specific educational services to be provide.
NOTE
Authority cited: Section 56100(a), (i) and (j), Education Code. Reference: Section 56341, Education Code; and 34 CFR 300.342-300.345.
HISTORY
1. Repealer and new subsection (c) filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
Note • History
(a) Specific educational placement means that unique combination of facilities, personnel, location or equipment necessary to provide instructional services to an individual with exceptional needs, as specified in the IEP, in any one or a combination of public, private, home and hospital, or residential settings.
(b) The IEP team shall document its rationale for placement in other than the pupil's school and classroom in which the pupil would otherwise attend if the pupil were not disabled. The documentation shall indicate why the pupil's disability prevents his or her needs from being met in a less restrictive environment even with the use of supplementary aids and services.
NOTE
Authority cited: Section 56100, Education Code. Reference: Sections 56342 and 56361, Education Code.
HISTORY
1. New section filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
2. Change without regulatory effect amending section and adding Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
Note • History
Extended school year services shall be provided for each individual with exceptional needs who has unique needs and requires special education and related services in excess of the regular academic year. Such individuals shall have handicaps which are likely to continue indefinitely or for a prolonged period, and interruption of the pupil's educational programming may cause regression, when coupled with limited recoupment capacity, rendering it impossible or unlikely that the pupil will attain the level of self-sufficiency and independence that would otherwise be expected in view of his or her handicapping condition. The lack of clear evidence of such factors may not be used to deny an individual an extended school year program if the individualized education program team determines the need for such a program and includes extended school year in the individualized education program pursuant to subsection (f).
(a) Extended year special education and related services shall be provided by a school district, special education local plan area, or county office offering programs during the regular academic year.
(b) Individuals with exceptional needs who may require an extended school year are those who:
(1) Are placed in special classes or centers; or
(2) Are individuals with exceptional needs whose individualized education programs specify an extended year program as determined by the Individualized Education Program Team.
(c) The term “extended year” as used in this section means the period of time between the close of one academic year and the beginning of the succeeding academic year. The term “academic year” as used in this section means that portion of the school year during which the regular day school is maintained, which period must include not less than the number of days required to entitle the district, special education services region, or county office to apportionments of state funds.
(d) An extended year program shall be provided for a minimum of 20 instructional days, including holidays. For reimbursement purposes:
(1) A maximum of 55 instructional days excluding holidays shall be allowed for individuals in special classes or centers for the severely handicapped; and
(2) A maximum of 30 instructional days excluding holidays shall be allowed for all other eligible pupils needing extended year.
(e) A local governing board may increase the number of instructional days during the extended year period, but shall not claim revenue for average daily attendance generated beyond the maximum instructional days allowed in subsection (d)(1) and (2).
(f) An extended year program, when needed, as determined by the Individualized Education Program team, shall be included in the pupil's individualized education program.
(g) In order to qualify for average daily attendance revenue for extended year pupils, all of the following conditions must be met:
(1) Extended year special education shall be the same length of time as the school day for pupils of the same age level attending summer school in the district in which the extended year program is provided, but not less than the minimum school day for that age unless otherwise specified in the individualized education program to meet a pupil's unique needs.
(2) The special education and related services offered during the extended year period are comparable in standards, scope and quality to the special education program offered during the regular academic year.
(h) If during the regular academic year an individual's individualized education program specifies integration in the regular classroom, a public education agency is not required to meet that component of the individualized education program if no regular summer school programs are being offered by that agency.
(i) This section shall not apply to schools which are operating a continuous school program pursuant to Chapter 5 (commencing with Section 37600) of Part 22, Division 3, Title 2, of the Education Code.
NOTE
Authority cited: Section 56100(a) and (j), Education Code. Reference: Sections 37600, 41976.5 and 56345, Education Code; and34 C.F.R. 300.346.
HISTORY
1. Amendment filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
Article 5. Implementation (Program Components)
§3051. Standards for Designated Instruction and Services (DIS) and Related Services.
Note • History
(a) General Provisions.
(1) Designated instruction and services and related services may be provided to individuals or to small groups in a specialized area of educational need, and throughout the full continuum of educational settings.
(2) Designated instruction and services and related services, when needed are determined by the IEP.
(3) All entities and individuals providing designated instruction and services and related services shall be qualified pursuant to sections 3060-3065 of this title.
(4) All entities and individuals providing designated instruction and services and related services shall be either:
(A) Employees of the school district or county office, or
(B) Employed under contract pursuant to Education Code sections 56365-56366, or
(C) Employees, vendors or contractors of the State Departments of Health Services or Mental Health, or any designated local public health or mental agency.
NOTE
Authority cited: Sections 33031, 56100 and 56366.1, Education Code. Reference: Sections 56363, 56365 and 56366, Education Code; and 34 C.F.R. Section 300.12.
HISTORY
1. Amendment filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
2. Amendment of subsections (a)(2) and (a)(3)(B) and Note filed 7-18-97 as an emergency; operative 7-18-97 (Register 97, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-17-97 or emergency amendments will be repealed by operation of law on the following day.
3. Amendment of subsections (a)(2) and (a)(3)(B) and amendment of Note refiled 11-14-97 as an emergency; operative 11-14-97 (Register 97, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-16-98 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section and Note as they existed prior to 7-18-97 emergency amendment by operation of Government Code section 11346.1(f) (Register 98, No. 16).
5. Amendment of subsections (a)(2) and (a)(3)(B) and amendment of Note filed 4-16-98 as an emergency; operative 4-16-98 (Register 98, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-14-98 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section and Note as they existed prior to 4-16-98 emergency amendment by operation of Government Code section 11346.1(f) (Register 98, No. 34).
7. Amendment of subsections (a)(2) and (a)(3)(B) and amendment of Note filed 8-19-98 as an emergency; operative 8-19-98 (Register 98, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-17-98 or emergency language will be repealed by operation of law on the following day.
8. Reinstatement of section and Note as they existed prior to 8-19-98 emergency amendment by operation of Government Code section 11346.1(f) (Register 98, No. 52).
9. Amendment of subsections (a)(2) and (a)(3)(B)-(C) and amendment of Note filed 12-21-98 as an emergency; operative 12-21-98 (Register 98, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-20-99 or emergency language will be repealed by operation of law on the following day.
10. Repealer and new section filed 3-25-99 as an emergency; operative 3-25-99 (Register 99, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-23-99 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 3-25-99 order transmitted to OAL 7-23-99 and filed 9-1-99 (Register 99, No. 36).
12. Amendment of section heading, section and Note filed 3-27-2009; operative 4-26-2009 (Register 2009, No. 13).
§3051.1. Language, Speech and Hearing Development and Remediation.
Note • History
(a) An individual holding an appropriate credential with specialization in language, speech and hearing may provide services which include:
(1) Referral and assessment of individuals suspected of having a disorder of language, speech, or hearing. Such individuals are not considered as part of the caseload pursuant to Section 56363.3 of the Education Code unless an individualized education program is developed and services are provided pursuant to Section 3051.1(a)(2) and (3).
(2) Specialized instruction and services for individuals with disorders of language, speech, and hearing, including monitoring of pupil progress on a regular basis, providing information for the review, and when necessary participating in the review and revision of individualized educational programs of pupils.
(3) Consultative services to pupils, parents, teachers, or other school personnel.
(4) Coordination of speech and language services with an individual's regular and special education program.
(b) Caseloads of full-time equivalent language, speech and hearing specialists providing instruction and services within the district, special education local plan area, or county office shall not exceed a district-wide, special education local plan area-wide, or county-wide average of fifty-five (55) individuals unless prior written approval has been granted by the State Superintendent of Public Instruction.
(c) Services may be provided by an aside working under the direct supervision of a credentialed language, speech, and hearing specialist if specified in the individualized education program. No more than two aides may be supervised b one credentialed language, speech, and hearing specialist. The case loads of persons in subsection (b) shall not be increased by the use of noncertificated personnel.
NOTE
Authority cited: Section 56100(a) and (i), Education Code. Reference: Sections 56363(b)(1) and Education Code; and 34 CFR 300.13(b)(12).
HISTORY
1. Repealer and new section filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
§3051.2. Audiological Services.
Note
(a) In addition to provisions of Title 34, Code of Federal Regulations, Section 300.13(b)(1), designated audiological instruction and services may include:
(1) Aural rehabilitation (auditory training, speech reading, language habilitation, and speech conservation) and habilitation with individual pupils or groups and support for the hearing-impaired pupils in the regular classroom.
(2) Monitoring hearing levels, auditory behavior, and amplification for all pupils requiring personal or group amplification in the instructional setting.
(3) Planning, organizing, and implementing an audiology program for individuals with auditory dysfunctions, as specified in the individualized education program.
(4) Consultative services regarding test findings, amplification needs and equipment, otological referrals, home training programs, acoustic treatment of rooms, and coordination of educational services to hearing-impaired individuals.
(b) The person providing audiological services shall hold a valid credential with a specialization in clinical or rehabilitative services in audiology.
NOTE
Authority cited: Section 56100(a) and (i), Education Code; 20 U.S.C. 1414(c)(2)(B); and 34 C.F.R. 300.600. Reference: Section 56363(b)(2), Education Code; and 34 C.F.R. 300.13(b)(1).
§3051.3. Mobility Instruction.
Note
(a) Mobility instruction may include:
(1) Specialized instruction for individuals in orientation and mobility techniques.
(2) Consultative services to other educators and parents regarding instructional planning and implementation of the individualized education program relative to the development of orientation and mobility skills and independent living skills.
(b) The person providing mobility instruction and services shall hold a credential as an orientation and mobility specialist.
NOTE
Authority cited: Section 56100 (a) and (i), Education Code; 20 U.S.C. 1414(c)(2)(B); and 34 C.F.R. 300.600. Reference: Section 56363, Education Code.
§3051.4. Instruction in the Home or Hospital.
Note • History
(a) Special education and related services provided in the home or hospital for school age pupils is limited to those pupils who have been identified as individuals with exceptional needs in accordance with section 3030 and for whom the IEP team recommends such instructions or services.
(b) Instructions may be delivered individually, in small groups or by teleclass.
(c) For those individuals with exceptional needs with a medical condition such as those related to surgery, accidents, short-term illness or medical treatment for a chronic illness, the IEP team shall review, and revise, if appropriate, the IEP whenever there is a significant change in the pupil's current medical condition.
(d) When recommending placement for home instruction, the IEP team shall have in the assessment information a medical report from the attending physician and surgeon or the report of the psychologist, as appropriate, stating the diagnosed condition and certifying that the severity of the condition prevents the pupil from attending a less restrictive placement. The report shall include a projected calendar date for the pupil's return to school. The IEP team shall meet to reconsider the IEP prior to the projected calendar date for the pupil's return to school.
(e) Instruction in the home or hospital shall be provided by a regular class teacher, the special class teacher or the resource specialist teacher, if the teacher or specialist is competent to provide such instruction and services and if the provision of such instruction and services by the teacher or specialist is feasible. If not, the appropriate designated instruction and services specialist shall provide such instruction.
(f) The teacher providing the home instruction shall contact the pupil's previous school and teacher to determine:
(1) The course work to be covered;
(2) The books and materials to be used:
(3) Who is responsible for issuing grades and promoting the pupil when appropriate;
(4) For pupils in grades 7 to 12, the teacher shall confer with the school guidance counselor to determine:
(A) For the hours the pupil has earned toward semester course credit in each subject included in the IEP and the grade as of the last day of attendance;
(B) Who is responsible for issuing credits when the course work is completed:
(C) Who will issue the diploma if the pupil is to graduate.
NOTE
Authority cited: Section 56100, Education Code. Reference: Sections 56001 and 56363, Education Code.
HISTORY
1. New section filed and 3-21-88; operative 4-20-88 (Register 88, No. 15).
2. Change without regulatory effect amending section and Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3051.5. Adapted Physical Education for Individuals with Exceptional Needs.
Note • History
(a) Adapted physical education is for individuals with exceptional needs who require developmental or corrective instruction and who are precluded from participation in the activities of the general physical education program, modified general physical education program, or in a specially designed physical education program in a special class. Consultative services may be provided to pupils, parents, teachers, or other school personnel for the purpose of identifying supplementary aids and services or modifications necessary for successful participation in the regular “D” Physical education program or specially designed physical education programs.
(b) The person providing instruction and services shall have a credential authorizing the teaching of adapted physical education as established by the Commission on Teacher Credentialing.
NOTE
Authority cited: Section 56100(a) and (i), Education Code. Reference: 34 CFR 300.307.
HISTORY
1. Amendment filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
§3051.6. Physical and Occupational Therapy.
Note • History
(a) When the district, special education local plan area, or county office contracts for the services of a physical therapist or an occupational therapist, the following standards shall apply:
(1) Occupational or physical therapists shall provide services based upon recommendation of the individual education program team. Physical therapy and occupational therapy services for infants are limited by Education Code 5642.6. Physical therapy services may not exceed the services specified in the Business and Professions Code at Section 2620.
(2) The district, special education local plan area, or county office shall assure that the therapist has available safe and appropriate equipment.
(b) Qualifications of therapists:
(1) The therapists shall have graduated from an accredited school.
(2) A physical therapist shall be currently licensed by the Board of Medical Quality Assurance of the State of California and meet the educational standards of the Physical Therapy Examining Committee.
(3) An occupational therapist shall be currently registered with the American Occupational Therapy Association.
NOTE
Authority cited: Section 56100(a) and (i), Education Code. Reference: Section 56363(b)(6), Education Code; and 34 CFR 300.13(b)(5) and (7) and 300.600.
HISTORY
1. Amendment filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
Note • History
(a) Vision services shall be provided by a Credentialed teacher of the visually handicapped and may include:
(1) Adaptations in curriculum, media, and the environment, as well as instruction in special skills.
(2) Consultative services to pupils, parents, teachers, and other school personnel.
(b) An assessment of and provision for services to visually impaired pupils may be conducted by an eye specialist who has training and expertise in low vision disabilities and has available the appropriate low vision aids for the purpose of assessment. The eye specialist may provide consultation to the pupil, parents, teacher and other school personnel as may be requested by the individualized education program team.
(c) Procedures which may be utilized by qualified personnel are those procedures authorized by federal and state laws and regulations and performed in accordance with these laws and regulations and standards of the profession.
(d) For the purposes of this section, and eye specialist shall mean a licensed optometrist, ophthalmologist, or other licensed physician and surgeon who has training and expertise in low vision disabilities.
NOTE
Authority cited: Section 56100(a) and (i), Education Code. Reference: Sections 44265.5 and 56363(b)(7), Education Code.
HISTORY
1. Amendment of subsection (a) and new subsections (b)-(d) filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
Note • History
(a) Vision therapy may include: Remedial and/or developmental instruction provided directly by or in consultation with the optometrist, ophthalmologist, or other qualified licensed physician and surgeon provided ongoing care to the individual.
(b) Vision therapy shall be provided by an optometrist, ophthalmologist, or by appropriate qualified school personnel when prescribed by a licensed optometrist, ophthalmologist, or other qualified licensed physician and surgeon.
(c) Procedures which may be utilized by qualified personnel are those procedures authorized by federal and state laws and regulations and performed in accordance with these laws and regulations and standards of the profession.
NOTE
Authority cited: Sections 56100, Education Code; 20 U.S.C. 1414(c)(2)(B); and 34 C.F.R. Section 300.600. Reference: Section 56363, Education Code.
HISTORY
1. Change without regulatory effect amending Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3051.8. Specialized Driver Training Instruction.
Note • History
(a) Specialized driver training instruction may include instruction to an individual with exceptional needs to supplement the regular driver training program. The IEP team shall determine the need for supplementary specialized driver training instruction. The need to supplement the regular program shall be based on an assessment of the pupil's health, physical, and/or educational needs which require modifications which cannot be met through a regular driver training program.
(b) Driver training for individuals herein described must be provided by qualified teachers, as defined by Education Code sections 41906 and 41907.
NOTE
Authority cited: Section 56100, Education Code. Reference: Sections 41906, 41907 and 56363, Education Code.
HISTORY
1. Change without regulatory effect amending section and Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3051.9. Counseling and Guidance Services.
Note • History
(a) Counseling and guidance services may be provided to an individual with exceptional needs who requires additional counseling and guidance services to supplement the regular guidance and counseling program. The IEP team shall determine the need for additional guidance and counseling services.
(b) Counseling and guidance services necessary to implement the IEP may include:
(1) Educational counseling in which the pupil is assisted in planning and implementing his or her immediate and long-range educational program.
(2) Career counseling in which the pupil is assisted in assessing his or her aptitudes, abilities, and interests in order to make realistic career decisions.
(3) Personal counseling in which the pupil is helped to develop his or her ability to function with social and personal responsibility.
(4) Counseling and consultation with parents and staff members on learning problems and guidance programs for pupils.
(c) Individuals performing counseling and guidance services shall be qualified.
NOTE
Authority cited: Section 56100, Education Code. Reference: Section 56363, Education Code; and 34 C.F.R. Sections 300.34 and 300.156(b)(1).
HISTORY
1. Change without regulatory effect amending section and Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3051.10. Psychological Services Other Than Assessment and Development of the Individualized Education Program.
Note
Psychological services may include:
(a) Counseling provided to an individual with exceptional needs by a credentialed or licensed psychologist or other qualified personnel.
(b) Consultative services to parents, pupils, teachers, and other school personnel.
(c) Planning and implementing a program of psychological counseling for individuals with exceptional needs and parents.
NOTE
Authority cited: Section 56100(a) and (i), Education Code; 20 U.S.C. 1414(c)(2)(B); and 34 C.F.R. 300.600. Reference: Section 56363(b)(10), Education Code; and 34 C.F.R. 300.13 (b)(8).
§3051.11. Parent Counseling and Training.
Note
Parent counseling and training may include:
(a) Assisting parents in understanding the special needs of their child, and
(b) Providing parents with information about child development.
NOTE
Authority cited: Education Code Section 56100(a) and (i); 20 U.S.C. 1414(c)(2)(B); and 34 C.F.R. 300.600. Reference: Section 56363(b)(11), Education Code; and 34 C.F.R. 300.13(b)(6).
§3051.12. Health and Nursing Services.
Note • History
(a) Health and nursing services may include:
(1) Providing services by qualified personnel.
(2) Managing the individual's health problems on the school site.
(3) Consulting with pupils, parents, teachers, and other personnel.
(4) Group and individual counseling with parents and pupils regarding health problems.
(5) Maintaining communication with health agencies providing care to individuals.
(b) Specialized physical health care may be provided as described in Education Code section 49423.5.
(1) Definitions.
(A) Specialized physical health care services means those health services prescribed by the child's licensed physician and surgeon requiring medically related training for the individual who performs the services and which are necessary during the school day to enable the child to attend school.
(B) Standardized procedures means protocols and procedures developed through collaboration among school or hospital administrators and health professionals, including licensed physicians and surgeons and nurses, to be utilized in the provision of the specialized physical health care services.
(C) Qualified means the ability to demonstrate competence in Cardio-Pulmonary Resuscitation, current knowledge of community emergency medical resources, and skill in the use of equipment and performance of techniques necessary to provide specialized physical health care services for individuals with exceptional needs. In addition:
1. “Qualified” for the professional school or public health nurse or licensed physician and surgeon shall mean trained in the procedures to a level of competence and safety which meets the objectives of the training.
2. “Qualified” for the designated school personnel shall mean trained in the procedures to a level of competence and safety which meets the objectives of the training as provided by the school nurse, public health nurse, licensed physician and surgeon, or other programs which provide the training.
(D) Supervision means review, observation, and/or instruction of a designated school person's performance and of physical health care services, but does not necessarily require the immediate presence of the supervisor at all times.
1. Immediate supervision means that the supervisor shall be physically present while a procedure is being administered.
2. Direct supervision means that the supervisor shall be present in the same building as the person being supervised and available for consultation and/or assistance.
3. Indirect supervision means that the supervisor shall be available to the qualified designated school person either in person or through electronic means to provide necessary instruction, consultation, and referral to appropriate care and services as needed. Supervision of designated school persons shall include review on-site by a qualified school nurse, qualified public health nurse, or qualified licensed physician and surgeon. Supervision shall also include review of the competence of that individual in performing the specialized health care service, maintenance of appropriate records, physical environment, and equipment.
(E) Training means preparation in the appropriate delivery and skillful performance of specialized physical health care services. In addition:
1. Medically related training of credentialed school nurses or public health nurses shall be that training in an approved program which may be necessary to update or make current the nurse's professional skills and knowledge related to meeting pupils' needs for specialized physical health care services.
2. Medically related training of employed designated school personnel is that training in an approved program in standardized procedures provided by a qualified school nurse, qualified public health nurse, qualified licensed physician and surgeon, or other approved programs to enable the person to provide the specialized physical health care services necessary to enable the child to attend school.
(F) Competence in Cardio-Pulmonary Resuscitation means possession of a current valid certificate from an approved program.
(2) Standards and Staffing.
(A) Allocation of qualified designated school personnel shall be determined by the amount and type of supervision necessary to this regulation, and also the type and frequency of services needed by students in special classes and centers, and regular instructional settings.
(B) Approved training for qualified personnel shall be provided in one or more of the following ways:
1. By a qualified school nurse, qualified public health nurse, or qualified licensed physician and surgeon, as defined in these regulations.
2. By career and continuing education programs, approved by the appropriate licensing board.
3. By training programs through public or private medical institutions, i.e., hospitals, public health agencies, Visiting Nurses Associations, and Red Cross.
(3) Organization and Administration.
(A) Specific continuing specialized physical health care services required in order for the individual to benefit from special education will be included in the individualized education program. If the parent elects to perform the service during the school day, a waiver shall be signed relieving the school of the responsibility.
(B) Appropriate accommodations for safety and necessary physical care services for the individual with exceptional needs in the school setting shall be provided by the school. Personal privacy and dignity of an individual with exceptional needs shall be assured.
(C) The school district shall not be required to purchase medical equipment for an individual pupil. However, the school district, SELPA, or county office is responsible for providing other specialized equipment for use at school that is needed to implement the IEP.
(D) In accordance with Education Code section 49423.5(a)(2), a qualified school nurse, qualified public health nurse, or qualified licensed physician and surgeon responsible for supervising the physical health care of an individual with exceptional needs in the school setting shall:
1. Coordinate the health care services to the individuals with exceptional needs on the school site.
2. Consult with appropriate personnel regarding management of health care services for individuals with exceptional needs.
3. Make appropriate referrals and maintain communication with health agencies providing care to individuals with exceptional needs.
4. Maintain or review licensed physician and surgeon and parent requests and daily documentation records.
(E) Written licensed physician and surgeon and parent requests, as well as the specific standardized procedures to be used if physical health care services are provided, shall be maintained for each individual with exceptional needs. Daily documentation of specific services which are provided shall be maintained on a district-approved form which shall include the signatures of the qualified designated school person(s) who performs the procedure.
1. Any pupil who is required to have specialized physical health care services during the school day, prescribed for him or her by a licensed physician and surgeon, may be assisted by a qualified school nurse, qualified public health nurse, or other qualified school personnel, if the school district receives:
a. A written statement from the licensed physician and surgeon stating the procedure and time schedules by which such procedures are to be given; and
b. A written statement from the parent or guardian of the pupil, indicating the desire that the school district assist the pupil in the matters set forth in the licensed physician and surgeon's statement, and granting consent for the delivery of such services.
2. This written statement of a licensed physician and surgeon and parent requests and daily documentation shall be maintained in accordance with the requirements of confidentiality of pupil records, and are considered mandatory interim pupil records.
NOTE
Authority cited: Section 56100, Education Code. Reference: Sections 49423.5 and 56363, Education Code; and 34 C.F.R. Sections 300.34 and 300.156(b)(1).
HISTORY
1. Amendment of subsection (b)(3)(C) filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
2. Change without regulatory effect amending subsections (b), (b)(1)(C) and (b)(3)(C)-(D) and amending Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3051.13. Social Worker Services.
Note • History
(a) Personnel providing social worker services shall be qualified.
(b) Social work services may include:
(1) Individual and group counseling with the individual and his or her immediate family.
(2) Consultation with pupils, parents, teachers, and other personnel regarding the effects of family and other social factors on the learning and developmental requirements of individual pupils with exceptional needs.
(3) Developing a network of community resources, making appropriate referral and maintaining liaison relationships among the school, the pupil with exceptional needs, the family, and the various agencies providing social, income maintenance, employment development, mental health, or other developmental services.
NOTE
Authority cited: Section 56100, Education Code. Reference: Section 56363, Education Code; and 34 C.F.R. Sections 300.34 and 300.156(b)(1).
HISTORY
1. Change without regulatory effect amending Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3051.14. Specially Designed Vocational Education and Career Development.
Note
Specially designed vocational education and career development for individuals with exceptional needs regardless of severity of disability may include:
(a) Providing prevocational programs and assessing work-related skills, interests, aptitudes, and attitudes.
(b) Coordinating and modifying the regular vocational education program.
(c) Assisting individuals in developing attitudes, self-confidence, and vocational competencies to locate, secure, and retain employment in the community or sheltered environment, and to enable such individuals to become participating members of the community.
(d) Establishing work training programs within the school and community.
(e) Assisting in job placement.
(f) Instructing job trainers and employers as to the unique needs of the individuals.
(g) Maintaining regularly scheduled contact with all work stations and job-site trainers.
(h) Coordinating services with the Department of Rehabilitation and other agencies as designated in the individualized education program.
NOTE
Authority cited: Section 56100(a) and (i), Education Code. Reference: Section 56363(b)(14), Education Code; 34 CFR 300.14(b)(3).
§3051.15. Recreation Services.
Note • History
Recreation services include but are not limited to:
(a) Therapeutic recreation services which are those specialized instructional programs designed to assist pupils in becoming as independent as possible in leisure activities, and when possible and appropriate, facilitate the pupil's integration into regular recreation programs.
(b) Recreation programs in schools and the community which are those programs that emphasize the use of leisure activity in the teaching of academic, social, and daily living skills; and, the provision of nonacademic and extracurricular leisure activities and the utilization of community recreation programs and facilities.
(c) Leisure education programs which are those specific programs designed to prepare the pupil for optimum independent participation in appropriate leisure activities, including teaching social skills necessary to engage in leisure activities, and developing awareness of personal and community leisure resources.
NOTE
Authority cited: Section 56100(a) and (l), Education Code. Reference: Section 56363(b)(15), Education Code; and CFR 300.13(b)(9).
HISTORY
1. New section filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
2. Editorial correction of Note (Register 98, No. 33).
§3051.16. Specialized Services for Low-Incidence Disabilities.
Note • History
(a) Specialized Services for low-incidence disabilities may include:
(1) Specially designed instruction related to the unique needs of pupils with low-incidence disabilities provided by teachers credentialed pursuant to Education Code section 44265.
(2) Specialized services related to the unique needs of pupils with low-incidence disabilities provided by qualified individuals such as interpreters, notetakers, readers, transcribers, and other individuals who provide specialized materials and equipment.
(b) Certification requirements for educational interpreters for deaf and hard of hearing pupils.
(1) By July 1, 2008, an educational interpreter shall be certified by the national Registry of Interpreters for the Deaf (RID), or equivalent; in lieu of RID certification or equivalent, an educational interpreter shall have achieved a score of 3.0 or above on the Educational Interpreter Performance Assessment (EIPA), the Educational Sign Skills Evaluation-Interpreter and Receptive (ESSE-I/R), or the National Association of the Deaf/American Consortium of Certified Interpreters (NAD/ACCI) assessment. If providing Cued Language transliteration, a transliterator shall possess Testing/Evaluation and Certification Unit (TECUnit) certification, or have achieved a score of 3.0 or above on the EIPA -- Cued Speech.
(2) By July 1, 2008, an educational interpreter shall be certified by the national RID, or equivalent; in lieu of RID certification or equivalent, an educational interpreter must have achieved a score of 3.5 or above on the EIPA, the ESSE-I/R, or the NAD/ACCI assessment. If providing Cued Language transliteration, a transliterator shall possess TECUnit certification, or have achieved a score of 3.5 or above on the EIPA -- Cued Speech.
(3) By July 1, 2009, and thereafter, an educational interpreter shall be certified by the national RID, or equivalent; in lieu of RID certification or equivalent, an educational interpreter must have achieved a score of 4.0 or above on the EIPA, the ESSE-I/R, or the NAD/ACCI assessment. If providing Cued Language transliteration, a transliterator shall possess TECUnit certification, or have achieved a score of 4.0 or above on the EIPA -- Cued Speech.
(c) An “educational interpreter” provides communication facilitation between students who are deaf or hard of hearing, and others, in the general education classroom and for other school related activities, including extracurricular activities, as designated in a student's Individualized Educational Program (IEP).
NOTE
Authority cited: Section 56100(a) and (i), Education Code. Reference: Section 56363, Education Code; and Sections 300.34 and 300.156(b)(1), Title 34, Code of Federal Regulations.
HISTORY
1. New section filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
2. Editorial correction of first sentence (Register 98, No. 33).
3. Amendment of section and Note filed 7-29-2002; operative 8-28-2002 (Register 2002, No. 31).
4. Repealer and new subsection (b)(1), new subsections (b)(2)-(c) and amendment of Note filed 2-22-2008; operative 3-23-2008 (Register 2008, No. 8).
§3051.17. Services for Pupils with Chronic Illnesses or Acute Health Problems.
Note • History
(a) Specialized services may be provided to pupils determined eligible pursuant to section 3030(f). Such services include but are not limited to:
(1) Individual consultation;
(2) Home or hospital instruction; and
(3) Other instructional methods using advanced communication technology.
(b) For pupils whose medical condition is in remission or in a passive state, the IEP team shall specify the frequency for monitoring the pupil's educational progress to assure that the illness does not interfere with the pupil's educational progress.
(c) When a pupil identified pursuant to section 3030(f) experiences an acute health problem which results in his or her non-attendance at school for more than five consecutive days, upon notification of the classroom teacher or the parent, the school principal or designee shall assure that an IEP team is convened to determine the appropriate educational services.
(d) If there is a pattern of sporadic illness, the IEP team shall convene to consider alternative means for the pupil to demonstrate competencies in the required course of study so that the cumulative number of absences do not prevent educational progress.
NOTE
Authority cited: Section 56100, Education Code. Reference: Section 56363, Education Code.
HISTORY
1. New section filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
2. Change without regulatory effect amending section and Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3051.18. Designated Instruction and Services for the Deaf and Hard of Hearing.
Note • History
(a) Instruction and services for deaf and hard of hearing pupils shall be provided by an individual holding an appropriate credential, who has competencies to provide services to the hearing impaired and who has training, experience and proficient communication skills for educating pupils with hearing impairments. Such services may include but need not to be limited to:
(1) Speech, speech reading and auditory training.
(2) Instruction in oral, sign, and written language development.
(3) Rehabilitative and educational services for hearing impaired individuals to include monitoring amplification, coordinating information for the annual review, and recommending additional services.
(4) Adapting curricula, methods, media, and the environment to facilitate the learning process.
(5) Consultation to pupils, parents, teachers, and other school personnel as necessary to maximize the pupil's experience in the regular education program.
(b) A specially trained instructional aide, working with and under the direct supervision of the credentialed teacher of the deaf and hard-of-hearing, may assist in the implementation of the pupil's educational program.
NOTE
Authority cited: Section 56100, Education Code. Reference: Section 56363, Education Code; and 34 C.F.R. Sections 300.34 and 300.156(b)(1).
HISTORY
1. New section filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
2. Change without regulatory effect amending subsection (a) and Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3052. Designated Positive Behavioral Interventions.
Note • History
(a) General Provisions.
(1) An IEP team shall facilitate and supervise all assessment, intervention, and evaluation activities related to an individual's behavioral intervention plan. When the behavioral intervention plan is being developed, the IEP team shall be expanded to include the behavioral intervention case manager with documented training in behavior analysis including positive behavioral intervention(s), qualified personnel knowledgeable of the student's health needs, and others as described in Education Code section 56341(b)(6). The behavioral intervention case manager is not intended to be a new staff person and may be an existing staff member trained in behavior analysis with an emphasis on positive behavioral interventions.
(2) Behavioral intervention plans shall only be implemented by, or be under the supervision of, staff with documented training in behavior analysis, including the use of positive behavioral interventions. Such interventions shall only be used to replace specified maladaptive behavior(s) with alternative acceptable behavior(s) and shall never be used solely to eliminate maladaptive behavior(s).
(3) Behavioral intervention plans shall be based upon a functional analysis assessment, shall be specified in the IEP, and shall be used only in a systematic manner in accordance with the provisions of this section.
(4) Behavioral emergency interventions shall not be used as a substitute for behavioral intervention plans.
(5) The elimination of any maladaptive behavior does not require the use of intrusive behavioral interventions that cause pain or trauma.
(6) To the extent possible, behavioral intervention plans shall be developed and implemented in a consistent manner appropriate to each of the individual's life settings.
(b) Functional Analysis Assessments. A functional analysis assessment must be conducted by, or be under the supervision of a person who has documented training in behavior analysis with an emphasis on positive behavioral interventions. A functional analysis assessment shall occur after the IEP team finds that instructional/behavioral approaches specified in the student's IEP have been ineffective. Nothing in this section shall preclude a parent or legal guardian from requesting a functional analysis assessment pursuant to the provisions of Education Code sections 56320 et seq.
Functional analysis assessment personnel shall gather information from three sources: direct observation, interviews with significant others, and review of available data such as assessment reports prepared by other professionals and other individual records. Prior to conducting the assessment, parent notice and consent shall be given and obtained pursuant to Education Code section 56321.
(1) A functional analysis assessment procedure shall include all of the following:
(A) Systematic observation of the occurrence of the targeted behavior for an accurate definition and description of the frequency, duration, and intensity;
(B) Systematic observation of the immediate antecedent events associated with each instance of the display of the targeted inappropriate behavior;
(C) Systematic observation and analysis of the consequences following the display of the behavior to determine the function the behavior serves for the individual, i.e., to identify the specific environmental or physiological outcomes produced by the behavior. The communicative intent of the behavior is identified in terms of what the individual is either requesting or protesting through the display of the behavior;
(D) Ecological analysis of the settings in which the behavior occurs most frequently. Factors to consider should include the physical setting, the social setting, the activities and the nature of instruction, scheduling, the quality of communication between the individual and staff and other students, the degree of independence, the degree of participation, the amount and quality of social interaction, the degree of choice, and the variety of activities;
(E) Review of records for health and medical factors which may influence behaviors (e.g. medication levels, sleep cycles, health, diet); and
(F) Review of the history of the behavior to include the effectiveness of previously used behavioral interventions.
(2) Functional Analysis Assessment Reports. Following the assessment, a written report of the assessment results shall be prepared and a copy shall be provided to the parent. The report shall include all of the following:
(A) A description of the nature and severity of the targeted behavior(s) in objective and measurable terms;
(B) A description of the targeted behavior(s) that includes baseline data and an analysis of the antecedents and consequences that maintain the targeted behavior, and a functional analysis of the behavior across all appropriate settings in which it occurs;
(C) A description of the rate of alternative behaviors, their antecedents and consequences; and
(D) Recommendations for consideration by the IEP team which may include a proposed plan as specified in section 3001(g).
(c) IEP Team Meeting. Upon completion of the functional analysis assessment, an IEP team meeting shall be held to review results and, if necessary, to develop a behavioral intervention plan, as defined in section 3001(g) of these regulations. The IEP team shall include the behavioral intervention case manager. The behavioral intervention plan shall become a part of the IEP and shall be written with sufficient detail so as to direct the implementation of the plan.
(d) Intervention. Based upon the results of the functional analysis assessment, positive programming for behavioral intervention may include the following:
(1) Altering the identified antecedent event to prevent the occurrence of the behavior (e.g., providing choice, changing the setting, offering variety and a meaningful curriculum, removing environmental pollutants such as excessive noise or crowding, establishing a predictable routine for the individual);
(2) Teaching the individual alternative behaviors that produce the same consequences as the inappropriate behavior (e.g., teaching the individual to make requests or protests using socially acceptable behaviors, teaching the individual to participate with alternative communication modes as a substitute for socially unacceptable attention-getting behaviors, providing the individual with activities that are physically stimulating as alternatives for stereotypic, self-stimulatory behaviors);
(3) Teaching the individual adaptive behaviors (e.g., choice-making, self-management, relaxation techniques, and general skill development) which ameliorate negative conditions that promote the display of inappropriate behaviors; and
(4) Manipulating the consequences for the display of targeted inappropriate behaviors and alternative, acceptable behaviors so that it is the alternative behaviors that more effectively produce desired outcomes (i.e., positively reinforcing alternative and other acceptable behaviors and ignoring or redirecting unacceptable behaviors).
(e) Acceptable Responses. When the targeted behavior(s) occurs, positive response options shall include, but are not limited to one or more of the following:
(1) the behavior is ignored, but not the individual;
(2) the individual is verbally or verbally and physically redirected to an activity;
(3) the individual is provided with feedback (e.g., “You are talking too loudly”);
(4) the message of the behavior is acknowledged (e.g., “You are having a hard time with your work”); or
(5) a brief, physical prompt is provided to interrupt or prevent aggression, self-abuse, or property destruction.
(f) Evaluation of the Behavioral Intervention Plan Effectiveness. Evaluation of the effectiveness of the behavioral intervention plan shall be determined through the following procedures:
(1) Baseline measure of the frequency, duration, and intensity of the targeted behavior, taken during the functional analysis assessment. Baseline data shall be taken across activities, settings, people, and times of the day. The baseline data shall be used as a standard against which to evaluate intervention effectiveness;
(2) Measures of the frequency, duration, and intensity of the targeted behavior shall be taken after the behavioral intervention plan is implemented at scheduled intervals determined by the IEP team. These measures shall also be taken across activities, settings, people, and times of the day, and may record the data in terms of time spent acting appropriately rather than time spent engaging in the inappropriate behavior;
(3) Documentation of program implementation as specified in the behavioral intervention plan (e.g., written instructional programs and data, descriptions of environmental changes); and
(4) Measures of program effectiveness will be reviewed by the teacher, the behavioral intervention case manager, parent or care provider, and others as appropriate at scheduled intervals determined by the IEP team. This review may be conducted in meetings, by telephone conference, or by other means, as agreed upon by the IEP team.
(5) If the IEP team determines that changes are necessary to increase program effectiveness, the teacher and behavioral intervention case manager shall conduct additional functional analysis assessments and, based on the outcomes, shall propose changes to the behavioral intervention plan.
(g) Modifications without IEP team meeting. Minor modifications to the behavioral intervention plan can be made by the behavioral intervention case manager and the parent or parent representative. If the case manager is unavailable, a qualified designee who meets the training requirements of subdivision (a)(1) shall participate in such modifications. Each modification or change shall be addressed in the behavioral intervention plan provided that the parent, or parent representative, is notified of the need and is able to review the existing program evaluation data prior to implementing the modification or change. Parents shall be informed of their right to question any modification to the plan through the IEP procedures.
(h) Contingency Behavioral Intervention Plans. Nothing in this section is intended to preclude the IEP team from initially developing the behavioral intervention plan in sufficient detail to include schedules for altering specified procedures, or the frequency or duration of the procedures, without the necessity for reconvening the IEP team. Where the intervention is to be used in multiple settings, such as the classroom, home and job sites, those personnel responsible for implementation in the other sites must also be notified and consulted prior to the change.
(i) Emergency Interventions. Emergency interventions may only be used to control unpredictable, spontaneous behavior which poses clear and present danger of serious physical harm to the individual or others and which cannot be immediately prevented by a response less restrictive than the temporary application of a technique used to contain the behavior.
(1) Emergency interventions shall not be used as a substitute for the systematic behavioral intervention plan that is designed to change, replace, modify, or eliminate a targeted behavior.
(2) Whenever a behavioral emergency occurs, only behavioral emergency interventions approved by the SELPA may be used.
(3) No emergency intervention shall be employed for longer than is necessary to contain the behavior. Any situation which requires prolonged use of an emergency intervention shall require staff to seek assistance of the school site administrator or law enforcement agency, as applicable to the situation.
(4) Emergency interventions may not include:
(A) Locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room;
(B) Employment of a device or material or objects which simultaneously immobilize all four extremities, except that techniques such as prone containment may be used as an emergency intervention by staff trained in such procedures; and
(C) An amount of force that exceeds that which is reasonable and necessary under the circumstances.
(5) To prevent emergency interventions from being used in lieu of planned, systematic behavioral interventions, the parent and residential care provider, if appropriate, shall be notified within one school day whenever an emergency intervention is used or serious property damage occurs. A “Behavioral Emergency Report” shall immediately be completed and maintained in the individual's file. The report shall include all of the following:
(A) The name and age of the individual;
(B) The setting and location of the incident;
(C) The name of the staff or other persons involved;
(D) A description of the incident and the emergency intervention used, and whether the individual is currently engaged in any systematic behavioral intervention plan; and
(E) Details of any injuries sustained by the individual or others, including staff, as a result of the incident.
(6) All “Behavioral Emergency Reports” shall immediately be forwarded to, and reviewed by, a designated responsible administrator.
(7) Anytime a “Behavioral Emergency Report” is written regarding an individual who does not have a behavioral intervention plan, the designated responsible administrator shall, within two days, schedule an IEP team meeting to review the emergency report, to determine the necessity for a functional analysis assessment, and to determine the necessity for an interim behavioral intervention plan. The IEP team shall document the reasons for not conducting an assessment and/or not developing an interim plan.
(8) Anytime a “Behavioral Emergency Report” is written regarding an individual who has a behavioral intervention plan, any incident involving a previously unseen serious behavior problem or where a previously designed intervention is not effective should be referred to the IEP team to review and determine if the incident constitutes a need to modify the plan.
(9) “Behavioral Emergency Report” data shall be collected by SELPAs which shall report annually the number of Behavioral Emergency Reports to the CDE and the Advisory Committee on Special Education.
(j) SELPA Plan. The local plan of each SELPA shall include procedures governing the systematic use of behavioral interventions and emergency interventions. These procedures shall be part of the SELPA local plan.
(1) Upon adoption, these procedures shall be available to all staff members and parents whenever a behavioral intervention plan is proposed.
(2) At a minimum, the plan shall include:
(A) The qualifications and training of personnel to be designated as behavioral intervention case managers, which shall include training in behavior analysis with an emphasis on positive behavioral interventions, who will coordinate and assist in conducting the functional analysis assessments and the development of the behavioral intervention plans;
(B) The qualifications and training required of personnel who will participate in the implementation of the behavioral intervention plans; which shall include training in positive behavioral interventions;
(C) Special training that will be required for the use of emergency behavioral interventions and the types of interventions requiring such training; and
(D) Approved behavioral emergency procedures.
(k) Nonpublic School Policy. Nonpublic schools and agencies, serving individuals pursuant to Education Code section 56365 et seq., shall develop policies consistent with those specified in subdivision (i) of this section.
(l) Prohibitions. No public education agency, or nonpublic school or agency serving individuals pursuant to Education Code section 56365 et seq., may authorize, order, consent to, or pay for any of the following interventions, or any other interventions similar to or like the following:
(1) Any intervention that is designed to, or likely to, cause physical pain;
(2) Releasing noxious, toxic or otherwise unpleasant sprays, mists, or substances in proximity to the individual's face;
(3) Any intervention which denies adequate sleep, food, water, shelter, bedding, physical comfort, or access to bathroom facilities;
(4) Any intervention which is designed to subject, used to subject, or likely to subject the individual to verbal abuse, ridicule or humiliation, or which can be expected to cause excessive emotional trauma;
(5) Restrictive interventions which employ a device or material or objects that simultaneously immobilize all four extremeties, including the procedure known as prone containment, except that prone containment or similar techniques may be used by trained personnel as a limited emergency intervention pursuant to subdivision (i);
(6) Locked seclusion, except pursuant to subdivision (i)(4)(A);
(7) Any intervention that precludes adequate supervision of the individual; and
(8) Any intervention which deprives the individual of one or more of his or her senses.
(m) Due Process Hearings. The provisions of this chapter related to functional analysis assessments and the development and implementation of behavioral intervention plans are subject to the due process hearing procedures specified in Education Code section 56501 et seq. No hearing officer may order the implementation of a behavioral intervention that is otherwise prohibited by this section, by SELPA policy, or by any other applicable statute or regulation.
NOTE
Authority cited: Section 56100, Education Code. Reference: Sections 56520, 56521 and 56523, Education Code.
HISTORY
1. New section filed 4-20-93; operative 5-20-93 (Register 93, No. 17).
2. Amendment of subsections (b), (b)(2)(D), (c), (i), (i)(5) and (i)(7) filed 2-23-96 as an emergency; operative 2-23-96 (Register 96, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-22-96 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 2-23-96 order including further amendment of subsection (b) transmitted to OAL 6-21-96 and filed 8-5-96 (Register 96, No. 32).
4. Change without regulatory effect amending subsections (a)(1), (a)(3), (b), (b)(2)(D), (c), (g), (i)(2), (i)(9), (k)-(l), (l)(5)-(6) and (m) and amending Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
Note • History
(a) Placement in a special day class shall not limit or restrict the consideration of other options, including services provided in a vocational education program or any combination of programs and placements as may be required to provide the services specified in a pupil's IEP.
(b) The following standards for special classes shall be met:
(1) A special class shall be composed of individuals whose needs as specified in the IEPs can be appropriately met within the class.
(2) Pupils in a special class shall be provided with an educational program in accordance with their IEPs for at least the same length of time as the regular school day for that chronological peer group:
(A) When an individual can benefit by attending a regular program for part of the day, the amount of time shall be written in the IEP.
(B) When the IEP team determines that an individual cannot function for the period of time of a regular school day, and when it is so specified in the IEP, an individual may be permitted to attend a special class for less time than the regular school day for that chronological peer group.
(3) The procedure for allocation of aides for special classes shall be specified in the local plan. Additional aide time may be provided when the severity of the disabling conditions of the pupils or the age of the pupils justifies it, based on the IEPs.
(4) Special class(es) shall be located to promote maximum appropriate interaction with regular educational programs.
(c) The special class shall be taught by a full-time-equivalent teacher whose responsibility is the instruction, supervision, and coordination of the educational program for those individuals enrolled in the special class.
The special class shall be taught by a teacher who holds an appropriate special education credential authorized by the Commission on Teacher Credentialing and who possesses the necessary competencies to teach individuals assigned to the class. Special class teachers with a Special Education Credential employed as of September 1, 1975, as teachers in special classes for pupils in severe language disorder aphasia programs and who possess the necessary competencies to teach individuals assigned to the class, shall be authorized to continue to teach.
NOTE
Authority cited: Section 56100, Education Code. Reference: Sections 56001 and 56364.2, Education Code; and 34 C.F.R. Section 300.114.
HISTORY
1. Amendment filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
2. Change without regulatory effect amending subsections (a) and (b)(1)-(3) and amending Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
Note
(a) Standards. Special centers operating under this section shall:
(1) Provide pupils in a special center with an educational program in accordance with their individualized education programs for at least the same length of time as the regular school day for that chronological peer group:
(A) When an individual can benefit by attending a regular class(es) or other program part of the day, the amount of time shall be written in the individualized education program.
(B) When the individualized education program team determines than an individual cannot function for the period of time of a regular school day, and when it is so specified in the individualized education program, an individual may be permitted to attend a special center for less time than the regular school day for that chronological peer group.
(2) Be staffed by qualified personnel at a pupil/adult ratio to enable implementation of the pupils' individualized education programs.
(3) Provide an emergency communication system for the health and safety of individuals with exceptional needs, such as fire, earthquake, and smog alerts.
(4) Have specialized equipment and facilities to meet the needs of individuals served in the special centers.
(b) Special centers should be located to promote maximum, appropriate interaction with regular educational programs.
NOTE
Authority cited: Section 56100(a) and (i), Education Code; 20 U.S.C. 1414(c)(2)(B); and 34 C.F.R. 300.600. References: Sections 56001 and 56364, Education Code; and 34 C.F.R. 300.550-554.
Article 6. Nonpublic, Nonsectarian School and Agency Services
§3060. Application for Certification.
Note • History
(a) Any school, person or agency desiring to obtain certification as a nonpublic school or nonpublic agency shall file an application with the SSPI on forms developed and provided by the CDE.
(b) Applications to be certified as a nonpublic school or a nonpublic agency shall be filed at the time allowed by Education Code section 56366.1(b) and (h).
(c) Each nonpublic school or nonpublic agency application shall include all information required by the CDE's application pursuant to Education Code section 56366.1(a) and (b) and:
(1) the name and address of the nonpublic school or nonpublic agency;
(2) the name of the administrator and contact person;
(3) the telephone and FAX number and e-mail address;
(4) for nonpublic schools, the name of the teacher(s) with a credential authorizing service in special education;
(5) the types of disabling conditions served;
(6) the age, gender and grade levels served;
(7) the total student capacity of the program;
(8) a brief description of the program including entrance criteria and exit criteria for transition back to the public school setting, and specific services designed to address student needs as listed on the student's IEP;
(9) SBE-adopted core-curriculum (K-8) and standards-aligned core-curriculum (9-12) and instructional materials used by general education students;
(10) per hour, per day or monthly fees for services provided;
(11) written directions and a street map describing the location of the nonpublic school from the major freeways, roads, streets, thoroughfares and closest major airport;
(12) annual operating budget, including projected costs and revenues for each agency and school program, providing documentation that demonstrates that the rates to be charged are reasonable to support the operation of the agency or school program.
(13) an entity-wide audit in accordance with generally accepted accounting and auditing principles including each entity's costs and revenues by individual cost center.
(14) A list of all qualified staff, including subcontractors identifying their assignment and qualifications in providing services to pupils.
(15) tuberculosis clearance dates for all staff;
(16) criminal record summary or criminal history clearance dates for all staff, including subcontractors, who have contact with pupils;
(17) a list of contracting LEAs for whom the applicant has a contract to provide school and/or related services;
(18) for out-of-state applicants, a copy of the current certification or license by the state education agency to provide education services to individuals with exceptional needs under the Individuals with Disabilities Education Act;
(19) a copy of the current school year calendar weekly class schedule, and daily schedule with number of instructional minutes by each grade level served;
(20) a fire inspection clearance completed within the past twelve months;
(21) For new or relocating nonpublic schools, the following documents shall be available for inspection during any onsite visit made by the CDE:
(a) a copy of a business license (if applicable);
(b) a written disaster and mass casualty plan of action;
(c) a building safety inspection clearance; and
(d) a health inspection clearance.
(22) For each nonpublic school with a residential component the application shall include:
(A) the name of the residential program attached to the nonpublic school;
(B) the proprietary status of the residential program;
(C) a list of all residential facilities affiliated with the nonpublic school;
(D) the total capacity of all the residential facilities affiliated with the nonpublic school;
(E) the rate of care level (California schools only) for each residential facility affiliated with the nonpublic school.
(d) The applicant shall submit a signed assurance statement that the nonpublic school will maintain compliance with the following:
(1) Fair Employment Act;
(2) Drug Free Workplace Act;
(3) Section 504 of the Rehabilitation Act;
(4) Individuals with Disabilities Education Act;
(5) Civil Rights Act;
(6) Nonsectarian status;
(7) Positive Behavior Interventions pursuant to Education Code section 49001 and California Code of Regulations, title 5, section 3052;
(8) OSHA Bloodborne Pathogens Standards;
(9) all local, county, or state ordinances and/or statutes relating to fire, health, sanitation, and building safety;
(10) use permit, conditional permit or zoning; and
(11) other assurances as required by state or federal law set forth in an assurance statement in the nonpublic school or nonpublic agency application for certification.
(e) The applicant shall submit, with the application, a fee in accordance with Education Code section 56366.1(m).
(f) No fee shall be refunded to the applicant if the application is withdrawn or if the SSPI denies the application.
(g) Applicants shall submit a separate application for each nonpublic school or nonpublic agency site pursuant to Education Code section 56366.1(c).
NOTE
Authority cited: Sections 33031, 56100, 56366 and 56366.1, Education Code. Reference: Sections 49001, 56366.1 and 56366.10, Education Code.
HISTORY
1. New section filed 7-18-97 as an emergency; operative 7-18-97 (Register 97, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-17-97 or emergency amendments will be repealed by operation of law on the following day.
2. New section refiled 11-14-97 as an emergency; operative 11-14-97 (Register 97, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-16-98 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 16).
4. New section filed 4-16-98 as an emergency; operative 4-16-98 (Register 98, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-14-98 or emergency language will be repealed by operation of law on the following day.
5. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 34).
6. New section filed 8-19-98 as an emergency; operative 8-19-98 (Register 98, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-17-98 or emergency language will be repealed by operation of law on the following day.
7. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 52).
8. New section filed 12-21-98 as an emergency; operative 12-21-98 (Register 98, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-20-99 or emergency language will be repealed by operation of law on the following day.
9. Repealer and new section filed 3-25-99 as an emergency; operative 3-25-99 (Register 99, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-23-99 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 3-25-99 order, including repealer and new section, transmitted to OAL 7-23-99 and filed 9-1-99 (Register 99, No. 36).
11. Amendment of section and Note filed 3-27-2009; operative 4-26-2009 (Register 2009, No. 13).
§3061. Service Fees, Finance and Maintenance of Records.
Note • History
All certified nonpublic schools and agencies shall:
(a) make available any books and records associated with the delivery of education and designated instruction and services and related services to individuals with exceptional needs for audit inspection or reproduction by the SSPI or the SSPI's authorized representatives. These records shall include those management records associated with the delivery of education and designated instruction and services and related services, and the costs of providing services and personnel records necessary to ensure that staff qualifications comply with the requirements contained in article 6 of these regulations; and
(b) not charge parents for services covered in the master contract with the public education agency.
NOTE
Authority cited: Sections 33031, 56100 and 56366, Education Code. Reference: Sections 56366.1 and 56366.10, Education Code.
HISTORY
1. New section filed 7-18-97 as an emergency; operative 7-18-97 (Register 97, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-17-97 or emergency amendments will be repealed by operation of law on the following day. For prior history, see Register 95, No. 49.
2. New section refiled 11-14-97 as an emergency; operative 11-14-97 (Register 97, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-16-98 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 16).
4. New section filed 4-16-98 as an emergency; operative 4-16-98 (Register 98, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-14-98 or emergency language will be repealed by operation of law on the following day.
5. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 34).
6. New section filed 8-19-98 as an emergency; operative 8-19-98 (Register 98, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-17-98 or emergency language will be repealed by operation of law on the following day.
7. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 52).
8. New section filed 12-21-98 as an emergency; operative 12-21-98 (Register 98, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-20-99 or emergency language will be repealed by operation of law on the following day.
9. Repealer and new section filed 3-25-99 as an emergency; operative 3-25-99 (Register 99, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-23-99 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 3-25-99 order, including repealer and new section, transmitted to OAL 7-23-99 and filed 9-1-99 (Register 99, No. 36).
11. Amendment of section and Note filed 3-27-2009; operative 4-26-2009 (Register 2009, No. 13).
§3062. Contracts and Agreements.
Note • History
(a) A master contract shall be used by an LEA for entering into formal agreements with certified nonpublic schools or nonpublic agencies. The term of the contract shall not exceed one year. The contract shall specify the administrative and financial agreements between the LEA and the nonpublic school or nonpublic agency.
(b) No master contract with the LEA shall be contingent upon nonpublic school or nonpublic agency individual contracts or agreements with parents.
(c) The master contract shall, at a minimum, include:
(1) general provisions relating to modifications and amendments, notices, waivers, disputes, contractor's status, conflicts of interest, termination, inspection and audits, compliance with applicable state and federal laws and regulations, attendance, record-keeping, and reporting requirements;
(2) payment schedules to include, but not limited to payment amounts, payment demand, right to withhold and audit exceptions;
(3) indemnification and reasonable insurance requirements; and
(4) procedures and responsibilities for attendance and unexcused absences.
(d) All master contracts shall be re-negotiated prior to June 30.
(e) Services may be provided through dual enrollment in public and nonpublic school or nonpublic agency programs to meet the educational requirements specified in the IEP. The master contract or individual service agreement shall specify the provider of each service. The individual with exceptional needs shall be formally enrolled in both nonpublic and public school programs. The nonpublic school or nonpublic agency shall be reimbursed by the LEA for services as agreed upon in the contract.
(f) Substitute teachers shall be used consistent with the provisions of Education Code section 56061.
(g) Nonpublic schools and nonpublic agencies shall provide contracting LEAs with copies of current valid California credentials and licenses for staff providing services to individuals with exceptional needs.
(h) Nonpublic schools and agencies shall notify the SSPI and LEAs in writing within 45 days of any change in credential or licensed personnel. Failure to provide properly qualified personnel to provide services as specified in the IEP shall be cause for the termination of all contracts between the LEA and the nonpublic school or nonpublic agency.
NOTE
Authority cited: Sections 33031 and 56100, Education Code. Reference: Sections 56366 and 56366.1, Education Code.
HISTORY
1. New section filed 7-18-97 as an emergency; operative 7-18-97 (Register 97, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-17-97 or emergency amendments will be repealed by operation of law on the following day. For prior history, see Register 95, No. 49.
2. New section refiled 11-14-97 as an emergency; operative 11-14-97 (Register 97, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-16-98 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 16).
4. New section filed 4-16-98 as an emergency; operative 4-16-98 (Register 98, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-14-98 or emergency language will be repealed by operation of law on the following day.
5. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 34).
6. New section filed 8-19-98 as an emergency; operative 8-19-98 (Register 98, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-17-98 or emergency language will be repealed by operation of law on the following day.
7. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 52).
8. New section filed 12-21-98 as an emergency; operative 12-21-98 (Register 98, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-20-99 or emergency language will be repealed by operation of law on the following day.
9. Repealer and new section filed 3-25-99 as an emergency; operative 3-25-99 (Register 99, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-23-99 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 3-25-99 order, including repealer and new section, transmitted to OAL 7-23-99 and filed 9-1-99 (Register 99, No. 36).
11. Amendment of section and Note filed 3-27-2009; operative 4-26-2009 (Register 2009, No. 13).
12. Change without regulatory effect amending subsection (a) and Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
Note • History
(a) The SSPI shall conduct a validation review of the nonpublic school prior to an initial conditional certification. An on-site review shall be conducted within 90 days of the initial conditional certification and student enrollment. On-site reviews shall be scheduled at least once every three years thereafter.
(b) The nonpublic school, the contracting LEA, and the SELPA shall be given a minimum of 30 days prior notice before an on-site review.
(c) The person serving as the lead of the review team shall confer with the school administrator at least 48 hours prior to the on-site review to discuss the procedures and the number of days required for the review. The lead of the review team shall identify those persons who are to participate in the on-site review.
(d) Nonpublic schools and nonpublic agencies may be visited at any time without prior notice when there is substantial reason to believe that there is an immediate danger to the health, safety, or welfare of a child or group of children. The SSPI shall document the concern and submit it to the nonpublic school or nonpublic agency at the time of the on-site monitoring.
(e) On-site reviews shall include the following procedures:
(1) an entrance meeting to acquaint the on-site review team with the nonpublic school or nonpublic agency staff and site to discuss the purpose and objectives of the review;
(2) a review and examination of files and documents, classroom observations and interviews with the site administrator, teachers, students, volunteers and parents to determine compliance with all applicable state and federal laws and regulations; and
(3) an exit meeting to provide the nonpublic school or nonpublic agency with a preliminary preview of the on-site review findings, verify compliance and offer technical assistance including how to resolve issues of noncompliance.
(f) The SSPI shall provide the nonpublic school or nonpublic agency, the contracting educational agency, and the SELPA with a written report within 60 days of the on-site review.
(g) The SSPI shall request a written response, within a timeframe to be determined by the SSPI, but in no case to exceed 180 days, to any noncompliance finding that resulted from the on-site review.
(h) The SSPI shall provide a written notification, within 30 days of receipt, to the nonpublic school or nonpublic agency regarding their response to each noncompliance finding.
(i) On-site reviews shall be conducted only by personnel who have been trained by CDE staff to perform such administrative and program examinations.
NOTE
Authority cited: Sections 33031 and 56100, Education Code. Reference: Sections 56366.1 and 56366.8, Education Code.
HISTORY
1. New section filed 7-18-97 as an emergency; operative 7-18-97 (Register 97, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-17-97 or emergency amendments will be repealed by operation of law on the following day. For prior history, see Register 95, No. 49.
2. New section refiled 11-14-97 as an emergency; operative 11-14-97 (Register 97, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-16-98 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 16).
4. New section filed 4-16-98 as an emergency; operative 4-16-98 (Register 98, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-14-98 or emergency language will be repealed by operation of law on the following day.
5. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 34).
6. New section filed 8-19-98 as an emergency; operative 8-19-98 (Register 98, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-17-98 or emergency language will be repealed by operation of law on the following day.
7. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 52).
8. New section filed 12-21-98 as an emergency; operative 12-21-98 (Register 98, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-20-99 or emergency language will be repealed by operation of law on the following day.
9. Repealer and new section filed 3-25-99 as an emergency; operative 3-25-99 (Register 99, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-23-99 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 3-25-99 order, including repealer and new section, transmitted to OAL 7-23-99 and filed 9-1-99 (Register 99, No. 36).
11. Amendment of section and Note filed 3-27-2009; operative 4-26-2009 (Register 2009, No. 13).
12. Change without regulatory effect amending Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3064. Staff Qualifications -- Special Education Instruction.
Note • History
(a) In each classroom for which the nonpublic school is seeking certification, the nonpublic school shall deliver instruction utilizing personnel who possess a credential authorizing the holder to deliver special education instruction according to the age range and disabling conditions of individuals with exceptional needs enrolled in the nonpublic school.
(1) During situations when instructional personnel leave the employ of the nonpublic school with little or no notice, the nonpublic school may employ a person who holds a Provisional Internship Permit or a Short Term Staff Permit or a Temporary County Certificate for a period of time not to exceed the remainder of the school year.
(b) Instruction shall be directed and delivered pursuant to the IEP, the master contract and the individual service agreement.
(c) To provide special education instruction for individuals with exceptional needs younger than three years of age, as described in Education Code, Part 30, chapter 4.4, the nonpublic school shall comply with the provisions of Education Code section 56425 et seq., and Education Code section 56426.2(e) regarding adult to child ratios.
(d) To provide special education instruction for individuals with exceptional needs between the ages of three and five years, inclusive, as described in Education Code, Part 30, chapter 4.45, the nonpublic school shall comply with the provisions of Education Code section 56440 et seq., and Education Code section 56441.5 regarding appropriate instructional adult-to-child-ratios.
(e) Nonpublic schools and nonpublic agencies shall comply with the personnel standards and qualifications pursuant to Education Code section 45340 et seq., and Education Code section 45350 et seq., regarding instructional aides and teacher assistants, respectively.
(f) Nonpublic schools and nonpublic agencies shall comply with all of the laws and regulations governing the licensed professions, in particular the provisions with respect to supervision. Nonpublic schools and nonpublic agencies may use assistants to the extent authorized by state and federal law.
NOTE
Authority cited: Sections 33031 and 56100, Education Code. Reference: Sections 45340, 45350, 56366.1 and 56425, Education Code.
HISTORY
1. New section filed 7-18-97 as an emergency; operative 7-18-97 (Register 97, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-17-97 or emergency amendments will be repealed by operation of law on the following day. For prior history, see Register 95, No. 49.
2. New section refiled 11-14-97 as an emergency; operative 11-14-97 (Register 97, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-16-98 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 16).
4. New section filed 4-16-98 as an emergency; operative 4-16-98 (Register 98, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-14-98 or emergency language will be repealed by operation of law on the following day.
5. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 34).
6. New section filed 8-19-98 as an emergency; operative 8-19-98 (Register 98, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-17-98 or emergency language will be repealed by operation of law on the following day.
7. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 52).
8. New section filed 12-21-98 as an emergency; operative 12-21-98 (Register 98, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-20-99 or emergency language will be repealed by operation of law on the following day.
9. Repealer and new section filed 3-25-99 as an emergency; operative 3-25-99 (Register 99, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-23-99 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 3-25-99 order, including repealer and new section, transmitted to OAL 7-23-99 and filed 9-1-99 (Register 99, No. 36).
11. Amendment of section and Note filed 3-27-2009; operative 4-26-2009 (Register 2009, No. 13).
12. Change without regulatory effect amending subsections (a)(1) and (c)-(d) and amending Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3065. Staff Qualifications -- Related Services.
Note • History
To be eligible for certification to provide designated instruction and related services to individuals with exceptional needs, nonpublic schools and agencies shall meet the following requirements:
(a)(1) “Adapted physical education” means:
(A) a modified general physical education program, or a specially designed physical education program in a special class; or
(B) consultative services provided to pupils, parents, teachers, or other school personnel for the purpose of identifying supplementary aids and services or modifications necessary for successful participation in the general physical education program or specially designed physical education programs.
(2) Adapted physical education shall be provided only by personnel who possess a credential issued by the California Commission on Teacher Credentialing that authorizes service in adapted physical education.
(b)(1) “Assistive technology service” means any service that directly assists an individual with exceptional needs in the selection or use of an assistive technology device that is educationally necessary. The term includes the evaluation of the needs of an individual with exceptional needs including a functional evaluation of the individual in the individual's customary environment; coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education programs and rehabilitation plans and programs; training or technical assistance for an individual with exceptional needs or, where appropriate, the family of an individual with exceptional needs or, if appropriate, that individual's family; and training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with exceptional needs.
(2) Assistive technology services shall be provided only by personnel who possess a:
(A) license in Physical Therapy issued by a licensing agency within the Department of Consumer Affairs, where the utilization of assistive technology services falls within the scope of practice of physical therapy as defined in Business and Professions Code section 2620 and implementing regulations; or
(B) license in Occupational Therapy issued by a licensing agency within the Department of Consumer Affairs; or
(C) license in Speech-Language Pathology issued by a licensing agency within the Department of Consumer Affairs or a valid document, issued by the California Commission on Teacher Credentialing, where the function of the assistive technology service is augmentative communication; or
(D) baccalaureate degree in engineering with emphasis in assistive technology; or
(E) baccalaureate degree in a related field of engineering with a graduate certificate in rehabilitation technology or assistive technology; or
(F) certification from the Rehabilitation Engineering and Assistive Technology Society of North America and Assistive Technology Provider (RESNA/ATP); or
(G) a certificate in assistive technology applications issued by a regionally accredited post-secondary institution; or
(H) a credential that authorizes special education of physically handicapped, orthopedically handicapped, or severely handicapped pupils.
(c)(1) “Audiological services” means aural rehabilitation (auditory training, speech reading, language habilitation, and speech conservation) and habilitation with individual pupils in the general classroom; monitoring hearing levels, auditory behavior, and amplification for all pupils requiring personal or group amplification in the instructional setting; planning, organizing, and implementing an audiology program for individuals with auditory dysfunctions, as specified in the IEP; or consultative services regarding test finding, amplification needs and equipment, otological referrals, home training programs, acoustic treatment of rooms, and coordination of educational services to hearing-impaired individuals.
(2) Audiological services shall be provided only by personnel who possess:
(A) a license in Audiology issued by a licensing agency within the Department of Consumer Affairs; or
(B) a credential authorizing audiology services.
(d) Behavior intervention shall be designed or planned only by personnel who have:
(1) pupil personnel services credential that authorizes school counseling or school psychology; or
(2) credential authorizing the holder to deliver special education instruction; or
(3) license as a Marriage and Family Therapist certified by the Board of Behavioral Sciences, within the Department of Consumer Affairs; or
(4) license as a Clinical Social Worker by the Board of Behavioral Sciences, within the Department of Consumer Affairs; or
(5) license as an Educational Psychologist issued by a licensing agency within the Department of Consumer Affairs; or
(6) license in psychology regulated by the Board of Psychology, within the Department of Consumer Affairs; or
(7) master's degree issued by a regionally accredited post-secondary institution in education, psychology, counseling, behavior analysis, behavior science, human development, social work, rehabilitation, or in a related field.
(e) To be eligible for certification to provide behavior intervention, including implementation of behavior modification plans, but not including development or modification of behavior intervention plans, a nonpublic school or agency shall deliver those services utilizing personnel who:
(1) possess the qualifications under subdivision (d); or
(2)(A) are under the supervision of personnel qualified under subdivision (d); and
(B) possess a high school diploma or its equivalent; and
(C) receive the specific level of supervision required in the pupil's IEP.
(f)(1) “Counseling and guidance” means educational counseling in which the pupil is assisted in planning and implementing his or her immediate and long-range educational program; career counseling in which the pupil is assisted in assessing his or her aptitudes, abilities, and interests in order to make realistic career decisions; personal counseling in which the pupil is helped to develop his or her ability to function with social and personal responsibility; or counseling with parents and staff members on learning problems and guidance programs for pupils.
(2) Counseling and guidance shall be provided only by personnel who possess a:
(A) license as a Marriage and Family Therapist, or Marriage, and Family Intern under supervision of either a Marriage and Family Therapist, licensed Clinical Social Worker, licensed Psychologist, or a Physician who is certified in psychiatry by either the Medical Board of California, the Board of Behavioral Sciences, or the Board of Psychology, within the Department of Consumer Affairs; or
(B) license as a Clinical Social Worker, or Associate Clinical Social Worker under supervision of either a licensed Clinical Social Worker or a licensed Mental Health Professional by the Board of Behavioral Sciences, within the Department of Consumer Affairs; or
(C) license as an Educational Psychologist issued by a licensing agency within the Department of Consumer Affairs; or
(D) license in psychology, or who are working under supervision of a licensed psychologist, both regulated by the Board of Psychology, within the Department of Consumer Affairs; or
(E) pupil personnel services credential, which authorizes school counseling or school psychology.
(g)(1) “Early education programs for children with disabilities” means the program and services specified by Education Code, part 30, section 56425 et seq.
(2) Early education programs for children with disabilities shall be provided only by personnel who meet the appropriate personnel qualifications set forth in this article and comply with all other requirements of Education Code, chapter 4.4 commencing with section 56425.
(h) An “educational interpreter” provides communication facilitation between students who are deaf or hard of hearing, and others, in the general education classroom and for other school related activities, including extracurricular activities, as designated in a student's IEP.
(1) Interpreters for deaf and hard of hearing pupils shall meet the following qualification standards:
(A) By July 1, 2008, an educational interpreter shall be certified by the national RID, or equivalent; in lieu of RID certification or equivalent, an educational interpreter shall have achieved a score of 3.0 or above on the EIPA, the ESSE-I/R, or the NAD/ACCI assessment. If providing Cued Language transliteration, a transliterator shall possess TECUnit certification, or have achieved a score of 3.0 or above on the EIPA -- Cued Speech.
(B) By July 1, 2009, and thereafter, an educational interpreter shall be certified by the national RID, or equivalent; in lieu of RID certification or equivalent, an educational interpreter shall have achieved a score of 4.0 or above on the EIPA, the ESSE-I/R, or the NAD/ACCI assessment. If providing Cued Language transliteration, a transliterator shall possess TECUnit certification, or have achieved a score of 4.0 or above on the EIPA -- Cued Speech;
(i)(1) “Health and nursing services” means:
(A) managing the child's health problems on the school site;
(B) consulting with pupils, parents, teachers, and other personnel;
(C) group and individual counseling with parents and pupils regarding health problems;
(D) maintaining communication with health agencies providing care to individuals with disabilities; or
(E) providing services by qualified personnel.
(2) Health and nursing services shall be provided only by personnel who possess:
(A) a license as a Registered Nurse, issued by a licensing agency within the Department of Consumer Affairs; or
(B) a license as a Vocational Nurse, issued by a licensing agency within the Department of Consumer Affairs, under the supervision of a licensed Registered Nurse; or
(C) a school nurse credential; or
(D) demonstrated competence in cardio-pulmonary resuscitation, current knowledge of community emergency medical resources, and skill in the use of equipment and performance of techniques necessary to provide specialized physical health care services for individuals with exceptional needs. In addition, possession of training in these procedures to a level of competence and safety that meet the objectives of the training as provided by the school nurse, public health nurse, licensed physician and surgeon, or other training programs. “Demonstrated competence in cardio-pulmonary resuscitation” means possession of a current valid certificate from an approved program; or
(E) a valid license, certificate, or registration appropriate to the health service to be designated, issued by the California agency authorized by law to license, certificate, or register persons to practice health service in California.
(j)(1) “Home and hospital services” means instruction delivered to children with disabilities, individually, in small groups, or by teleclass, whose medical condition such as those related to surgery, accidents, short-term illness or medical treatment for a chronic illness prevents the individual from attending school.
(2) Home or hospital instruction shall be provided only by personnel who possess a credential issued by the California Commission on Teacher Credentialing authorizing the holder to deliver special education instruction according to age range and disabling condition of the individual(s).
(k)(1) “Language and speech development and remediation” means screening, assessment, IEP development and direct speech and language services delivered to children with disabilities who demonstrate difficulty understanding or using spoken language to such an extent that it adversely affects their educational performance and cannot be corrected without special education and related services.
(2) Language and speech development and remediation shall be provided only by personnel who possess:
(A) a license in Speech-Language Pathology issued by a licensing agency within the Department of Consumer Affairs; or
(B) a credential authorizing language or speech services.
(l)(1) “Occupational therapy” means the use of various treatment modalities including self-help skills, language and educational techniques as well as sensory motor integration, physical restoration methods, and pre-vocation exploration to facilitate physical and psychosocial growth and development.
(2) Occupational therapy shall be provided only by personnel who possess a license in occupational therapy issued by a licensing agency within the Department of Consumer Affairs. Services provided by a Certified Occupational Therapist Assistant (COTA) shall be supervised by a registered occupational therapist in accordance with professional standards outlined by the American Occupational Therapy Association.
(m)(1) “Orientation and mobility instruction” means specialized instruction for individuals in orientation and mobility techniques or consultative services to other educators and parents regarding instructional planning and implementation of the IEP relative to the development of orientation and mobility skills and independent living skills.
(2) Orientation and mobility instruction shall be provided only by personnel who possess a credential that authorizes services in orientation and mobility instruction.
(n)(1) “Parent counseling and training” means assisting parents in understanding the special needs of their child and providing parents with information about child development.
(2) Parent counseling and training shall be provided only by personnel who possess a:
(A) credential that authorizes special education instruction; or
(B) credential that authorizes health and nursing services; or
(C) license as a Marriage and Family Therapist, or Marriage, and Family Intern under supervision of either a Marriage and Family Therapist, licensed Clinical Social Worker, licensed Psychologist, or a Physician who is certified in psychiatry by either the Medical Board of California, the Board of Behavioral Sciences, or the Board of Psychology, within the Department of Consumer Affairs; or
(D) license as a Clinical Social Worker, or Associate Clinical Social Worker under supervision of either a licensed Clinical Social Worker or a licensed Mental Health Professional by the Board of Behavioral Sciences, within the Department of Consumer Affairs; or
(E) license as an Educational Psychologist, issued by a licensing agency within the Department of Consumer Affairs; or
(F) license as a psychologist, or who are working under the supervision of a licensed psychologist, both regulated by the Board of Psychology, within the Department of Consumer Affairs; or
(G) pupil personnel services credential that authorizes school counseling or school psychology or school social work.
(o)(1) “Physical therapy” means the:
(A) administration of active, passive, and resistive therapeutic exercises and local or general massage, muscle training and corrective exercises and coordination work;
(B) administration of hydrotherapy treatments;
(C) assistance in administering various types of electrotherapy including ultraviolet, infrared, diathermy and inductothermy;
(D) teaching of parents of hospitalized pupils exercises which are to be continued at home and interpret to them the significance of physical therapy services; and
(E) instruction in walking, standing, balance, use of crutches, cane, or walker and in the care of braces and artificial limbs.
(2) Physical therapy shall be provided only by personnel who possess a valid license in Physical Therapy issued by a licensing agency within the Department of Consumer Affairs.
(p)(1) “Psychological services” means:
(A) the application of psychological principles and methods including, but not limited to, procedures on interviewing, psycho-educational assessment, diagnosis of specific learning and behavioral disabilities, and amelioration of learning and behavioral problems of individuals or groups through applied psychotherapy.
(B) This term does not include assessment services and the development of an IEP.
(2) Psychological services required by a student's IEP may be rendered by any of the following professionals employed by a nonpublic school or agency who possess the credential or license required by law for the performance of particular psychological services by members of that profession:
(A) Educational Psychologist pursuant to Business and Professions Code section 4989.14;
(B) Marriage and Family Therapist pursuant to Business and Professions Code section 4980.02;
(C) Licensed Clinical Social Worker pursuant to Business and Professions Code section 4996.9; or
(D) Licensed Psychologist pursuant to Business and Professions Code section 2903.
(E) pupil personnel services credential that authorizes school psychology.
(q)(1) “Recreation services” means:
(A) therapeutic recreation and specialized instructional programs designed to assist pupils to become as independent as possible in leisure activities, and when possible and appropriate, facilitate the pupil's integration into general recreation programs;
(B) recreation programs in schools and the community which are those programs that emphasize the use of leisure activity in the teaching of academic, social, and daily living skills and the provision of nonacademic and extracurricular leisure activities and the utilization of community recreation programs and facilities; or
(C) leisure education programs which are those specific programs designed to prepare the pupil for optimum independent participation in appropriate leisure activities, and developing awareness of personal and community leisure resources.
(2) Recreation services shall be provided only by personnel who possess a:
(A) certificate, issued by the California Board of Recreation and Park Certification; or
(B) certificate issued by the National Council for Therapeutic Recreation; or
(C) the National Recreation and Park Association, authorizing services in recreation or therapeutic recreation.
(r)(1) “Social worker services” means:
(A) individual and group counseling with the individual and his or her immediate family;
(B) consultation with pupils, parents, teachers, and other personnel regarding the effects of family and other social factors on the learning and developmental requirements of children with disabilities; or
(C) developing a network of community resources, making appropriate referral and maintaining liaison relationships among the school, the pupil, the family, and the various agencies providing social income maintenance, employment development, mental health, or other developmental services.
(2) Social worker services shall be provided only by personnel who possess a:
(A) license as a Clinical Social Worker, or Associate Clinical Social Worker under supervision of either a licensed Clinical Social Worker or a licensed Mental Health Professional by the Board of Behavioral Sciences, within the Department of Consumer Affairs; or
(B) license as a Marriage and Family Therapist, or Marriage, and Family Intern under supervision of either a Marriage and Family Therapist, licensed Clinical Social Worker, licensed Psychologist, or a Physician who is certified in psychiatry by either the Medical Board of California, the Board of Behavioral Sciences, or the Board of Psychology, within the Department of Consumer Affairs; or
(C) credential authorizing school social work.
(s)(1) “Specialized driver training instruction” means instruction to children with disabilities to supplement the general driver-training program.
(2) Specialized driver education and driver training shall be provided only by personnel who possess a credential that authorizes service in driver education and driver training.
(t)(1) “Specially designed vocational education and career development” means:
(A) providing prevocational programs and assessing work-related skills, interests, aptitudes, and attitudes;
(B) coordinating and modifying the general vocational education program;
(C) assisting pupils in developing attitudes, self-confidence, and vocational competencies to locate, secure, and retain employment in the community or shelter environment, and to enable such individuals to become participating members of the community;
(D) establishing work training programs within the school and community;
(E) assisting in job placement;
(F) instructing job trainers and employers as to the unique needs of the individuals;
(G) maintaining regularly scheduled contract with all work stations and job-site trainers; or
(H) coordinating services with the Department of Rehabilitation, the Employment Development Department and other agencies as designated in the IEP.
(2) Specially designed vocation education and career development shall be provided only by personnel who possess a:
(A) adult education credential with a career development authorization; or
(B) credential that authorizes instruction in special education or vocational education; or
(C) pupil personnel services credential that authorizes school counseling.
(u)(1) “Specialized services for low-incidence disabilities” means:
(A) specially designed instruction related to the unique needs of pupils with low-incidence disabilities; or
(B) specialized services related to the unique needs of individuals with low-incidence disabilities.
(2) Specialized services for pupils with low-incidence disabilities shall be provided only by personnel who possess a credential that authorizes services in special education or clinical or rehabilitation services in the appropriate area of disability.
(v) Transcribers for visually impaired pupils shall have a certificate issued by the Library of Congress as a Braille Transcriber.
(w)(1) “Vision services” means:
(A) adaptations in curriculum, media, and the environment, as well as instruction in special skills; or
(B) consultative services to pupils, parents, teachers, and other school personnel.
(2) Vision services shall be provided only by personnel who possess:
(A) a license as an Optometrist, Ophthalmologist, Physician or Surgeon, issued by a licensing agency within the Department of Consumer Affairs and authorizing the licensee to provide the services rendered, or
(B) a valid credential authorizing vision instruction or services.
(x) Other related services not identified in this section shall only be provided by staff who possess a:
(1) license issued by an entity within the Department of Consumer Affairs or another state licensing office; or
(2) credential issued by the California Commission on Teacher Credentialing authorizing the service.
NOTE
Authority cited: Sections 33031, 56100 and 56366, Education Code. Reference: Sections 2620, 2903, 2905, 4980.02, 4989.14, 4996.9 and 17505.2, Business and Professions Code; Sections 49422 and 56366.1, Education Code; 20 U.S.C. Section 1401; and 34 C.F.R. Sections 300.18, 300.34 and 300.156(b)(1).
HISTORY
1. Change without regulatory effect repealing section filed 12-4-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 49).
2. New section filed 9-1-99; operative 9-1-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 36).
3. Amendment of subsections (t)-(t)(1), repealer of subsections (t)(2)-(4), new subsection (t)(2) and amendment of Note filed 7-29-2002; operative 8-28-2002 (Register 2002, No. 31).
4. Amendment of section and Note filed 2-22-2008; operative 3-23-2008 (Register 2008, No. 8).
5. Amendment of section heading, section and Note filed 3-27-2009; operative 4-26-2009 (Register 2009, No. 13).
§3066. Out-of-State Nonpublic Schools/Agencies.
Note • History
For purposes of determining eligibility for certification for a nonpublic school or nonpublic agency located in a state other than California, the CDE may accept a valid certificate, credential, license, or registration issued by another state for the requirements set forth in sections 3064 and 3065.
NOTE
Authority cited: Sections 33031, 56100 and 56366, Education Code. Reference: Section 56366.1, Education Code.
HISTORY
1. Change without regulatory effect repealing section filed 12-4-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 49).
2. New section filed 9-1-99; operative 9-1-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 36).
3. Amendment of section and Note filed 3-27-2009; operative 4-26-2009 (Register 2009, No. 13).
Note • History
(a) Certification shall become effective on the date when the nonpublic school or nonpublic agency meets all the application requirements and is approved by the SSPI except as specified in subdivision 3067(b).
(b) Certification may be retroactive, provided the nonpublic school or nonpublic agency met all the requirements for certification on the date the retroactive certification is effective.
(c) The certification status of a nonpublic school or nonpublic agency shall be one of the following:
(1) approved certification with no conditions or limitations;
(2) conditional certification for a limited period of time. A conditional certification indicates that the nonpublic school or nonpublic agency has not met all the certification requirements;
(3) suspended certification for a defined period of time pursuant to the provisions of Education Code section 56366.4. Nonpublic schools or nonpublic agencies with a suspended certification cannot accept new pupils.
(d) Any LEA that contracts with a certified nonpublic school or nonpublic agency may request the SSPI to review the status of the nonpublic school or nonpublic agency. Such requests shall be in writing and a copy shall be sent to the nonpublic school or nonpublic agency.
NOTE
Authority cited: Sections 33031 and 56100, Education Code. Reference: Sections 56366.1 and 56366.4, Education Code.
HISTORY
1. Amendment filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
2. Change without regulatory effect repealing section filed 12-4-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 49).
3. New section filed 9-1-99; operative 9-1-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 36).
4. Amendment of section and Note filed 3-27-2009; operative 4-26-2009 (Register 2009, No. 13).
5. Change without regulatory effect amending Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
Note • History
(a) Within 20 working days of receipt of notice, nonpublic schools or nonpublic agencies (appellant) may file a written petition (appeal), on forms provided by the SSPI, to request a review of the decision to deny, suspend or revoke certification pursuant to Education Code section 56366.6.
(b) All appeals shall be mailed to the Office of Administrative Hearings (OAH), Department of General Services.
(c) There shall be three options for appealing the denial, suspension or revocation of certification. The nonpublic school or nonpublic agency may request:
(1) a written review of the decision to deny, suspend or revoke certification. The OAH shall analyze the documentation provided by the appellant and materials provided by the CDE and render a decision;
(2) a written review with an oral argument. The OAH shall analyze the documentation provided by the appellant and materials provided by the CDE. The appellant shall also appear before a hearing officer, on a date scheduled by the OAH, to provide oral testimony in support of the appeal. The CDE shall also attend the hearing and present testimony to support the decision to deny, suspend or revoke certification. The hearing officer may ask questions of either party. All testimony shall be tape-recorded; or
(3) an oral hearing. The appellant shall appear before a hearing officer, on a date scheduled by the OAH, to provide oral testimony in support of the appeal. The CDE shall also attend the hearing and present testimony to support the decision to deny, suspend or revoke certification. The hearing officer shall provide the opportunity for both parties to review evidence, call witnesses and cross-examine witnesses. If the appellant fails to appear at the hearing, the petitioner waives the right to a future hearing, unless the hearing officer agrees to reschedule the hearing because of extenuating circumstances.
(d) The OAH shall issue the decision, in writing, simultaneously to the appellant and to the CDE within 30 working days after receipt of all materials and evidence. This shall be the final administrative decision.
(e) LEAs and nonpublic schools and agencies may request the SSPI to waive Education Code sections 56365, 56366, 56366.3 and 56366.6. Such petitions shall be made in accordance with the provisions of Education Code section 56366.2 and shall be necessary in order to provide services to individuals with exceptional needs consistent with their IEP.
NOTE
Authority cited: Sections 33031, 56100 and 56366, Education Code. Reference: Sections 56101, 56366.2 and 56366.6.
HISTORY
1. Renumbering of former section 3068 to section 3069 and new section 3068 filed 9-1-99; operative 9-1-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 36).
2. Amendment of section and Note filed 3-27-2009; operative 4-26-2009 (Register 2009, No. 13).
§3069. Annual Review of Individualized Education Program (IEP).
Note • History
Review of the pupil's IEP shall be conducted at least annually by the public education agency. The public education agency shall ensure that review schedules are specified in the IEP and contract for the pupil. An elementary school district shall notify a high school district of all pupils placed in a nonpublic school or agency programs prior to the annual review of the IEP for each pupil who may transfer to the high school district.
NOTE
Authority cited: Section 56100, Education Code. Reference: Sections 56345, 56365 and 56366, Education Code; and 34 C.F.R. Sections 300.145, 300.146, 300.147, 300.148, 300.323 and 300.324.
HISTORY
1. Renumbering of former section 3069 to new section 3070 and renumbering of former section 3068 to section 3069 filed 9-1-99; operative 9-1-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 36).
2. Amendment of section heading, section and Note filed 3-27-2009; operative 4-26-2009 (Register 2009, No. 13).
3. Change without regulatory effect amending Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
Note • History
When an individual with exceptional needs meets public education agency requirements for completion of prescribed course of study designated in the pupil's IEP, the public education agency which developed the IEP shall award the diploma.
NOTE
Authority cited: Section 56100, Education Code. Reference: Sections 56345 and 56365-56366.5, Education Code; and 34 C.F.R. Sections 300.145, 300.146, 300.147, 300.148, 300.323 and 300.324.
HISTORY
1. Renumbering of former section 3069 to new section 3070 filed 9-1-99; operative 9-1-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 36).
2. Amendment of section and Note filed 3-27-2009; operative 4-26-2009 (Register 2009, No. 13).
Article 7. Procedural Safeguards
Note • History
(a) Sections 4600 through 4671 apply to the filing of a complaint, in accordance with provisions of Title 34, Code of Federal Regulations (34 C.F.R.), Sections 300.150, 300.151, 300.152 and 300.153, regarding a public agency's alleged violation of federal or state law or regulation relating to the provision of a free appropriate public education.
(b) Section 3082 applies to due process hearing procedures which the resolution of disagreements between a parent and a public agency regarding the proposal, or refusal of a public agency to initiate or change the identification, assessment, or educational placement of the pupil or the provision of a free appropriate public education to the pupil.
NOTE
Authority cited: Sections 56100, Education Code. Reference: Sections 56500.1 and 56500.2, Education Code.
HISTORY
1. Amendment filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
2. Amendment of subsection (a) filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
3. Editorial correction deleting duplicate heading (Register 95, No. 9).
4. Change without regulatory effect amending subsection (a) and Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3081. Complaint Procedures. [Repealed]
Note • History
NOTE
Authority cited: Sections 56100(a) and (j), Education Code. Reference: Sections 56500.1 and 56500.2, Education Code; and 34 CFR 76.780-783.
HISTORY
1. Renumbering and amendment of former section 3081 to section 3082, and renumbering and amendment of section 3080(a)(1)-(n) to section 3081 filed 3-21-88; operative 4-20-88 (Register 88, No. 15). For prior history, see Registers 86, No. 21; 82, No. 18; and 82, No. 6.
2. Repealer filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
§3082. Due Process Hearing Procedures.
Note • History
(a) A parent or public education agency may initiate a hearing pursuant to Education Code sections 56500 through 56507 and 34 C.F.R Sections 300.507 through 300.512 on any of the matters described in Education Code section 56501. The hearing shall be conducted by a hearing officer knowledgeable in administrative hearings and under contract with the CDE.
(b) The hearings conducted pursuant to this section shall not be conducted according to the technical rules of evidence and those related to witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. All testimony shall be under oath or affirmation which the hearing officer is empowered to administer.
(c) In addition to the rights afforded both parties to the hearing pursuant to Education Code sections 56500, 56501, 56502, 56503, 56504, 56505, 56506 and 56507 and C.F.R. Section 300.512, the parties shall also have the following rights:
(1) To call witnesses, including adverse witnesses, and to cross examine witnesses for the other party.
(2) To compel the attendance of witnesses. The hearing officer shall have the right to issue Subpoenas (order to appear and give testimony) and Subpoenas Duces Tecum (order to produce document(s) or paper(s) upon a showing of reasonable necessity by a party).
(3) Absent compelling circumstances to the contrary, and upon motion to the hearing officer to have witnesses excluded from the hearing.
(d) Hearings shall be conducted in the English language; when the primary language of a party to a hearing is other than English, or other mode of communication, an interpreter shall be provided who is competent as determined by the hearing officer. Cost for an interpreter shall be borne by the CDE. Interpreters shall take an oath to interpret fully and accurately.
(e) If either the school district or the parents have an attorney present as an observer, the attorney may watch the proceedings to advise his party at a later date, but the attorney may not present oral argument, written argument or evidence, or consult any manner in or out of the room, during the process hearing.
(f) Notwithstanding Government Code section 11425.10(a)(3) of the Administrative Procedure Act (APA), special education due process hearings are open/closed to the public at the discretion of the parent.
(g) Notwithstanding Government Code section 11440.30 of the APA, the hearing officer may conduct all or part of a hearing by telephone, television, or other electronic means if each participant in the hearing has an opportunity to participate in and to hear the entire proceeding while it is taking place and to observe exhibits.
NOTE
Authority cited: Section 56100, Education Code. Reference: Sections 56500, 56501, 56502, 56503, 56504, 56505, 56506 and 56507, Education Code; Sections 11425.10 and 11440.30, Government Code; 20 U.S.C. Section 1415(b)(2) and (c); and 34 C.F.R. Sections 300.507, 300.508, 300.509, 300.510, 300.511 and 300.512.
HISTORY
1. New section filed 12-21-81 as an emergency; effective upon filing (Register 82, No. 6). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-20-82.
2. Certificate of Compliance transmitted to OAL 12-11-81 and filed 4-29-82 (Register 82, No. 18). 3. Renumbering and amendment of Section 3081 to Section 3082 filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
3. Amendment of subsection (d), new subsections (f) and (g) and amendment of Note filed 6-23-97 as an emergency; operative 6-23-97 (Register 97, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-21-97 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-23-97 order, including amendment of Note, transmitted to OAL 10-20-97 and filed 12-4-97 (Register 97, No. 49).
5. Change without regulatory effect amending subsections (a), (c) and (d) and Note filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
6. Change without regulatory effect amending subsections (a), (c), (f) and (g) and amending Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
Note • History
Notwithstanding Government Code section 11440.20 of the APA, service of notice, motions, or other writings pertaining to special education due process hearing procedures to the California Special Education Hearing Office and any other person or entity are subject to the following provisions:
(a) The notice, motion, or writing shall be delivered personally or sent by mail or other means to the Hearing Office, person, or entity at their last known address and, if the person or entity is a party with an attorney or other authorized representative of record in the proceeding, to the party's attorney or other authorized representative.
(b) Unless a provision specifies the form of mail, service or notice by mail may be by first-class mail, registered mail, or certified mail, by mail delivery service, by facsimile transmission if complete and without error, or by other electronic means as provided by regulation, in the discretion of the sender.
(c) Service must be made by a method that ensures receipt by all parties and the Hearing Office in a comparable and timely manner.
NOTE
Authority cited: Section 56100, Education Code. Reference: Sections 56500, 56501, 56502, 56503, 56504, 56505, 56506 and 56507, Education Code; Section 11440.20, Government Code; 20 U.S.C. Sections 1415(b)(2) and (c); and 34 C.F.R. Sections 300.507, 300.508, 300.509, 300.510, 300.511 and 300.512.
HISTORY
1. New section filed 6-23-97 as an emergency; operative 6-23-97 (Register 97, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-21-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-23-97 order, including removal of subsection designator from first paragraph and redesignation of former subsections (a)(1)-(a)(3) as subsections (a)-(c), amendment of newly designated subsection (b), and amendment of Note, transmitted to OAL 10-20-97 and filed 12-4-97 (Register 97, No. 49).
3. Change without regulatory effect amending first paragraph and Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3084. Ex Parte Communications.
Note • History
(a) Notwithstanding Government Code sections 11425.10(a)(8), 11430.20, and 11430.30 of the APA, while special education due process hearing proceedings are pending, there shall be no communication, direct or indirect, regarding any issue in the proceeding, to a hearing officer from an employee or representative of a party or from an interested person unless the communication is made on the record at the hearing.
(b) A proceeding is pending from the date of receipt by the California Special Education Hearing Office of the request for hearing.
(c) If a hearing officer receives a communication in violation of this section, the hearing officer shall disclose the content of the communication on the record and give the parties an opportunity to address the matter if so requested within 10 days of receipt of notification of the communication.
(1) The hearing officer has discretion to allow the party to present evidence concerning the subject of the communication.
(2) The hearing officer has discretion to reopen a hearing that has been concluded.
(d) If a hearing officer receives a communication in violation of this section, the hearing officer shall make all of the following a part of the record in the proceeding:
(1) If the communication is written, the writing and any written response of the hearing officer.
(2) If the communication is oral, a memorandum stating the substance of the communication, any response made by the hearing officer, and the identity of each person from whom the hearing officer received the communication.
(e) The hearing officer shall notify all parties that the communication has been made a part of the record.
(f) Receipt by the hearing officer of a communication in violation of this section may be grounds for disqualification of the hearing officer. If the hearing officer is disqualified, the portion of the record pertaining to the ex parte communication may be sealed by order of the disqualified hearing officer.
NOTE
Authority cited: Section 56100, Education Code. Reference: Sections 56500, 56501, 56502, 56503, 56504, 56505, 56506 and 56507, Education Code; Sections 11425.10, 11430.10-11430.30, 11430.50 and 11430.60, Government Code; 20 U.S.C. Sections 1415(b)(2) and (c); and 34 C.F.R. Sections 300.507, 300.508, 300.509, 300.510, 300.511 and 300.512.
HISTORY
1. New section filed 6-23-97 as an emergency; operative 6-23-97 (Register 97, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-21-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-23-97 order, including amendment of subsections (a) and (f) and amendment of Note, transmitted to OAL 10-20-97 and filed 12-4-97 (Register 97, No. 49).
3. Change without regulatory effect amending subsection (a) and Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
Note • History
Notwithstanding Government Code section 11425.10(a)(7) of the APA, orders and decisions rendered in special education due process hearing proceedings may be cited as persuasive but not binding authority by parties and hearing officers in subsequent proceedings.
NOTE
Authority cited: Section 56100, Education Code. Reference: Sections 56500, 56501, 56502, 56503, 56504, 56505, 56506 and 56507, Education Code; Section 11425.10, Government Code; 20 U.S.C. Sections 1415(b)(2) and (c); and 34 C.F.R. Sections 300.507, 300.508, 300.509, 300.510, 300.511 and 300.512.
HISTORY
1. New section filed 6-23-97 as an emergency; operative 6-23-97 (Register 97, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-21-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-23-97 order, including amendment of Note, transmitted to OAL 10-20-97 and filed 12-4-97 (Register 97, No. 49).
3. Change without regulatory effect amending section and Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
Note • History
(a) Government Code section 11420.10 of the APA does not apply to special education due process hearing procedures because Education Code sections 56500, 56501, 56502, 56503, 56504, 56505, 56506 and 56507 provide for mediation.
(b) Notwithstanding any other provision of law, a communication made in mediation is protected to the following extent:
(1) Anything said, any admission made, and any document prepared in the course of, or pursuant to, mediation under this article is a confidential communication, and a party to the mediation has a privilege to refuse to disclose and to prevent another from disclosing the communication, whether in an adjudicative proceeding, civil action, or other proceeding. This subdivision does not limit the admissibility of evidence if all parties to the proceedings consent.
(2) No reference to mediation proceedings, the evidence produced, or any other aspect of the mediation may be made in an adjudicative proceeding or civil action, whether as affirmative evidence, by way of impeachment, or for any other purpose.
(3) No mediator or interpreter or other participants are competent to testify in a subsequent administrative or civil proceeding as to any statement, conduct, decision, or order occurring at, or in conjunction with, the mediation.
(c) Evidence otherwise admissible outside of mediation under this section is not inadmissible or protected from disclosure solely by reason of its introduction or use in mediation under this section.
(d) Interim and final agreements in writing that result from mediation are admissible for purposes of enforcement unless the written agreement specifies otherwise.
NOTE
Authority cited: Section 56100, Education Code. Reference: Sections 56500, 56501, 56502, 56503, 56504, 56505, 56506 and 56507, Education Code; Section 11420.10, Government Code; 20 U.S.C. Sections 1415(b)(2) and (c); and 34 C.F.R. Section 300.506.
HISTORY
1. New section filed 6-23-97 as an emergency; operative 6-23-97 (Register 97, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-21-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-23-97 order, including amendment of subsection (c) and Note, transmitted to OAL 10-20-97 and filed 12-4-97 (Register 97, No. 49).
3. Change without regulatory effect amending subsection (a) and Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3087. Decision by Settlement.
Note • History
Notwithstanding Government Code section 11415.60 of the APA, a decision by settlement may be issued on terms the parties determine are appropriate so long as the agreed-upon terms are not contrary to the law.
NOTE
Authority cited: Section 56100, Education Code. Reference: Sections 56500, 56501, 56502, 56503, 56504, 56505, 56506 and 56507, Education Code; Section 11415.60, Government Code; 20 U.S.C. Sections 1415(b)(2) and (c); and 34 C.F.R. Sections 300.506, 300.507, 300.508, 300.509 and 300.510.
HISTORY
1. New section filed 6-23-97 as an emergency; operative 6-23-97 (Register 97, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-21-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-23-97 order, including amendment of Note, transmitted to OAL 10-20-97 and filed 12-4-97 (Register 97, No. 49).
3. Change without regulatory effect amending section and Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
Note • History
(a) Provisions for contempt sanctions, order to show cause, and expenses contained in Government Code sections 11455.10, 11455.20 and 11455.30 of the APA apply to special education due process hearing procedures except as modified by subdivisions (b) through (e) of this section.
(b) Only the presiding hearing officers may initiate contempt sanctions and/or place expenses at issue.
(c) Prior to initiating contempt sanctions with the court, the presiding hearing officer shall obtain approval from the General Counsel of the CDE.
(d) The failure to initiate contempt sanctions and/or impose expenses is not appealable.
(e) The presiding hearing officer may, with approval from the General Counsel of the CDE, order a party, the party's attorney or other authorized representative, or both, to pay reasonable expenses, including costs of personnel, to the California Special Education Hearing Office for the reasons set forth in Government Code section 11455.30(a).
NOTE
Authority cited: Section 56100, Education Code. Reference: Sections 56500, 56501, 56502, 56503, 56504, 56505, 56506 and 56507, Education Code; Sections 11455.10, 11455.20 and 11455.30, Government Code; 20 U.S.C. Sections 1415(b)(2) and (c); and 34 C.F.R. Section 300.511.
HISTORY
1. New section filed 6-23-97 as an emergency; operative 6-23-97 (Register 97, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-21-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-23-97 order, including amendment of subsections (a), (b) and (c) and amendment of Note, transmitted to OAL 10-20-97 and filed 12-4-97 (Register 97, No. 49).
3. Change without regulatory effect amending subsections (a), (c) and (e) and amending Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3088.1. Sanctions: Withholding Funds to Enforce Special Education Compliance.
Note • History
(a) When a district, special education local plan area, or county office of education fails to comply substantially with a provision of law regarding special education and related services, the superintendent may withhold funds allocated to such LEA under Chapter 7.2 (commencing with section 56836) of Part 30 of the Education Code and the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). Such noncompliance may result from failure of the LEA to substantially comply with corrective action orders issued by the CDE in monitoring findings or complaint investigation reports. “Substantial noncompliance” means an incident of significant failure to provide a child with a disability with a free appropriate public education, an act which results in the loss of an educational opportunity to the child or interferes with the opportunity of the parents or guardians of the pupil to participate in the formulation of the IEP, a history of chronic noncompliance in a particular area, or a systemic agency-wide problem of noncompliance.
(b) Prior to withholding funds, the CDE shall provide written notice to the LEA, by certified mail, of the noncompliance findings that are the basis of the CDE's intent to withhold funds. The notice shall also inform the LEA of the opportunity to request a hearing to contest the findings and the proposed withholding of funds.
(c) The notice shall include the following information:
(1) The specific past and existing noncompliance that is the basis of the withholding of funds.
(2) The efforts that have been made by the CDE to verify that all required corrective actions have been taken.
(3) The specific actions that must be taken by the LEA to bring it into compliance by an exact date to avoid the withholding of funds.
(d) The LEA shall have 30 calendar days from the date of the notice to make a written request for a hearing. The CDE shall schedule a hearing within 30 days of receipt of a request for hearing, and notify the LEA of the time and place for hearing. A hearing officer with experience in special education and with administrative hearing procedures shall be assigned by the CDE to conduct the hearing and make an audio recording of the proceeding. The hearing officer may grant continuances of the date for hearing for good cause.
(e) The LEA shall have the opportunity, prior to the hearing, to obtain all documentary evidence maintained by the CDE's Special Education Division that supports the findings of noncompliance at issue in the notice of intent to withhold funds.
(f) Technical rules of evidence shall not apply to the hearing, but relevant written evidence or oral testimony may be submitted, and given probative effect only if it is the kind of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. A decision of the hearing officer to withhold funding shall not be based solely on hearsay evidence but must be supported by evidence produced at the hearing showing substantial noncompliance with the provisions of special education law. LEA's may be represented by counsel and the hearings will be open to the public.
(g) If a hearing is not requested, the CDE shall withhold funds as stated in the notice. If a hearing is held, a written decision shall be rendered within 30 calendar days from the date the hearing is held.
NOTE
Authority cited: Sections 33031 and 56100, Education Code. Reference: Section 56845, Education Code.
HISTORY
1. New section filed 1-10-2005; operative 2-9-2005 (Register 2005, No. 2).
2. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
3. Change without regulatory effect amending subsection (a) and Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3088.2. Enforcement and Withholding of Funds.
Note • History
(a) The hearing officer shall determine, based on the totality of the evidence, whether a preponderance of the evidence supports the CDE's findings of noncompliance and the determination that withholding of funds is appropriate in the particular circumstances of the case. The hearing officer's decision shall be the final decision of the CDE.
(b) If the State Superintendent of Public Instruction (SSPI) determines, subsequent to withholding funds, that an LEA has made substantial progress toward compliance with the state law, federal law, or regulations governing the provision of special education and related services to individuals with exceptional needs, the SSPI may apportion the state or federal funds previously withheld to the LEA.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 56845, Education Code.
HISTORY
1. New section filed 1-10-2005; operative 2-9-2005 (Register 2005, No. 2).
2. Change without regulatory effect amending section and Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3089. Partial Non-Applicability of Certain Sections of the Administrative Procedure Act to Special Education Due Process Hearing Procedures.
Note • History
Special education due process hearing procedures shall not be subject to the following provisions of the APA: Government Code sections 11415.60 (Decision by settlement); 11420.10 and 11420.30 (Referral of proceedings); 11425.10 (Governing procedures); 11440.10 (Authority of agency head following decision); 11440.20 (Service notice); 11440.30(b) (Conduct of hearing by electronic means); 11445.10, 11445.20, 11445.30, 11445.40, 11445.50 and 11445.60 (Informal hearing); 11450.05, 11450.10, 11450.20 and 11450.30 (Subpoenas); 11460.10, 11460.20, 11460.30, 11460.40, 11460.50, 11460.60 and 11460.70 (Emergency decision); 11465.10, 11465.20, 11465.30, 11465.40, 11465.50 and 11465.60 (Declaratory decisions); and 11470.10, 11470.20, 11470.30, 11470.40 and 11470.50 (Conversion of proceeding).
NOTE
Authority cited: Section 56100, Education Code. Reference: Sections 56500, 56501, 56502, 56503, 56504, 56505, 56506 and 56507, Education Code; Sections 11415.60, 11420.10, 11420.30, 11425.10, 11440.10, 11440.20, 11440.30, 11445.10, 11445.20, 11445.30, 11445.40, 11445.50, 11445.60, 11450.05, 11450.10, 11450.20, 11450.30, 11460.10, 11460.20, 11460.30, 11460.40, 11460.50, 11460.60, 11460.70, 11465.10, 11465.20, 11465.30, 11465.40, 11460.50, 11465.60, 11470.10, 11470.20, 11470.30, 11470.40 and 11470.50, Government Code; 20 U.S.C. Sections 1415(b)(2) and (c); and 34 C.F.R. Sections 300.507, 300.508, 300.509, 300.510, 300.511, 300.512 and 300.513.
HISTORY
1. New section filed 6-23-97 as an emergency; operative 6-23-97 (Register 97, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-21-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-23-97 order, including amendment of section and Note, transmitted to OAL 10-20-97 and filed 12-4-97 (Register 97, No. 49).
3. Change without regulatory effect amending section and Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
Article 7.5. Duties of Contractors or Agencies Related to Conducting Mediation or Due Process Hearings
Note • History
Education Code section 56504.5 requires the CDE to enter into a contract with a nonprofit organization or entity or interagency agreement with another state agency to conduct mediation conferences and due process hearings in accordance with 34 C.F.R. Sections 300.506 and 300.511. The purpose of this article is to identify the duties of the contractor or agency with whom the CDE has entered into a contract or interagency agreement pursuant to Education Code section 56504.5.
NOTE
Authority cited: Section 56504.5, Education Code. Reference: Section 56504.5, Education Code.
HISTORY
1. New article 7.5 (sections 3090-3099) and section filed 5-7-2009; operative 6-6-2009 (Register 2009, No. 19).
2. Change without regulatory effect amending section filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
Note • History
(a) As used in this article “agency” means the state agency with whom the CDE has entered into an interagency agreement to conduct mediation conferences and due process hearings pursuant to Education Code section 56504.5.
(b) As used in this article “conflict of interest” means a dealing or relationship that reasonably raises a question of bias.
(c) As used in this article “contractor” means the nonprofit organization or other entity with whom the CDE has entered into a contract to conduct mediation conferences and due process hearings pursuant to Education Code section 56504.5.
(d) As used in this article “forms and documents for hearings” means those forms and documents provided to the parties by the contractor or agency.
(e) As used in this article “hearing officer” means a person who, as an employee or similarly related individual of the contractor or agency, is adjudicating due process hearings pursuant to this contract or interagency agreement in accordance with Education Code section 56504.5.
(f) As used in this article “mediator” means a person who, as an employee or similarly related individual of the contractor or agency, is conducting mediations pursuant to this contract or interagency agreement in accordance with Education Code section 56504.5.
NOTE
Authority cited: Section 56504.5, Education Code. Reference: Section 56504.5, Education Code.
HISTORY
1. New section filed 5-7-2009; operative 6-6-2009 (Register 2009, No. 19).
§3091. Mediation and Due Process Hearing Manual.
Note • History
(a) The contractor or agency shall maintain and make available to interested parties a manual that describes the procedures of mediation and due process hearings.
(b) Said manual shall provide, at minimum, detailed guidance for parents and LEAs as follows:
(1) How to file a due process complaint, including a model form to assist parents and guardians in filing a request for due process;
(2) A description of the mediation process;
(3) A description of the due process hearing process;
(4) How to prepare for and participate in mediation;
(5) How to prepare for a due process hearing;
(6) How to properly communicate with the mediator, hearing officer, and other parties;
(7) How to compel attendance of witnesses;
(8) How to compel production of documents;
(9) How to properly present evidence;
(10) How to file and serve pre-hearing motions;
(11) How to research and locate special education decisions issued by the contractor or agency; and
(12) How to access all applicable statutes and regulations related to the Individuals with Disabilities Education Improvement Act of 2004 (IDEIA)(20 U.S.C. Sections 1400-1482).
(c) The contractor or agency shall prepare said manual in English and, at minimum, the five foreign languages most commonly spoken in California schools as identified annually by the CDE.
NOTE
Authority cited: Section 56504.5, Education Code. Reference: Section 56504.5, Education Code.
HISTORY
1. New section filed 5-7-2009; operative 6-6-2009 (Register 2009, No. 19).
2. Change without regulatory effect amending subsection (b) filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
Note • History
(a) The contractor or agency shall file a quarterly report with the CDE. The report shall be received by the CDE no later than 30 calendar days after the end of the quarter. For the purposes of this section “quarter” refers to the state fiscal year which begins on July 1 of the previous calendar year and ends on June 30 of the immediately following year.
(b) Each quarterly report shall be sent to the CDE via electronic mail and a duplicate copy in print to the contract monitor via United States Postal Service or independent courier.
(c) Each quarterly report shall provide the CDE with information that is specified in Education Code section 56504.5(d).
(d) The quarterly report shall also contain the cumulative data from the first quarter of the current fiscal year through the end of the most recent quarter.
(e) The contractor or agency shall make all data collected pursuant to this subdivision available for placement on the CDE's Web site.
(f) The contractor or agency shall report to the CDE a timeline and mechanism to implement any new reporting requirements contained in the California or Federal current year's Budget Act, or any information that is required to be reported to a federal or state agency including, but not limited to, the Office of Special Education Programs. The contractor or agency must submit this report to the CDE within 60 calendar days from the postmark date of the CDE's written notification to the contractor or agency of such a reporting requirement.
NOTE
Authority cited: Section 56504.5, Education Code. Reference: Section 56504.5, Education Code; and 20 U.S.C. Sections 1232f and 1412.
HISTORY
1. New section filed 5-7-2009; operative 6-6-2009 (Register 2009, No. 19).
2. Change without regulatory effect amending section filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3093. Retention and Inspection of Records.
Note • History
The contractor or agency shall permit the CDE to audit, review, and inspect the contractor's or agency's activities, books, documents, papers, and records during the progress of the work performed pursuant to the contract or interagency agreement and for three years following final payment.
NOTE
Authority cited: Section 56504.5, Education Code. Reference: Section 56504.5, Education Code; and 20 U.S.C. Sections 1232f and 1412.
HISTORY
1. New section filed 5-7-2009; operative 6-6-2009 (Register 2009, No. 19).
2. Change without regulatory effect amending section filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3094. Committee to Advise Contractor, or Agency.
Note • History
(a) The contractor or agency shall establish, and maintain an advisory committee composed of attorneys, advocates, parents, and representatives of LEAs, including school districts, county offices of education or other public educational agencies that have jurisdiction under the IDEA.
(1) The majority of the advisory committee must be any combination of parents, advocates for parents, and/or attorneys for parents.
(2) The contractor or agency is encouraged to consider the wide range of disabilities, ethnicities, races, socioeconomics, and other variables, within the special education population.
(3) The contractor or agency shall establish the total number of members and the terms of appointment for the advisory committee.
(b) The contractor or agency shall schedule meetings with the committee.
(1) These meetings shall include, at minimum, one in northern California and one in southern California, in the first half of the year, and one in northern California and one in southern California in the second half of the year, for a total of four meetings each year.
(2) The first of these meeting shall occur no later than two months after effective date of the contract/interagency agreement, or the effective date of these regulations, whichever is later.
NOTE
Authority cited: Section 56504.5, Education Code. Reference: Section 56504.5, Education Code.
HISTORY
1. New section filed 5-7-2009; operative 6-6-2009 (Register 2009, No. 19).
2. Change without regulatory effect amending Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3095. Availability of Translators and Translated Documents.
Note • History
(a) The contractor or agency shall prepare forms and documents for mediation and due process hearings in English and, at minimum, the five foreign languages most commonly spoken in California schools as identified annually by the CDE.
(1) The contractor or agency shall publish, on its Web site, a list of all available and downloadable forms and documents.
(2) The Web site of the contractor or agency shall include a feature for requesting, by language, available forms and documents.
(b) The contractor or agency shall make available translators for all mediations and due process hearings when the language of a party or a witness to a mediation or due process hearing is other than English, or another mode of communication. The mediator or hearing officer shall make the determination of whether the interpreter is competent.
(c) The contractor or agency shall require translators and interpreters to take an oath to interpret fully and accurately.
NOTE
Authority cited: Section 56504.5, Education Code. Reference: Sections 56504.5 and 56506, Education Code.
HISTORY
1. New section filed 5-7-2009; operative 6-6-2009 (Register 2009, No. 19).
§3096. Supervision of Mediators and Hearing Officers.
Note • History
The contractor or agency shall appoint a person or persons to supervise the mediators and hearing officers dedicated to the mediations and due process hearings of Special Education disputes performed under the contract or interagency agreement.
NOTE
Authority cited: Section 56504.5, Education Code. Reference: Sections 56504.5 and 56505, Education Code; 20 U.S.C. Sections 1412 and 1415; and 34 C.F.R. Sections 300.506 and 300.511.
HISTORY
1. New section filed 5-7-2009; operative 6-6-2009 (Register 2009, No. 19).
2. Change without regulatory effect amending Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3096.1. Supervisor of Mediators.
Note • History
(a) The contractor or agency shall appoint a supervisor of mediators.
(1) Qualifications of the supervisor:
(A) At least eight years of experience in the mediation of disputes arising before, during, or independently of, judicial or quasi-judicial administrative proceedings; and
(B) Experience in special education matters.
(2) Duties of the supervisor:
(A) Determine when a mediator meets the minimum qualifications established in section 3097;
(B) Include the names and qualifications of mediators who have met the requirements described in sections 3097 and 3098.1 on the public list of qualified mediators as maintained by the contractor or agency pursuant to 20 U.S.C. Section 1415(e)(2)(C);
(C) Review and approve the initial training and continuing education programs described in section 3098.1;
(D) Supervise the work of all mediators; and
(E) Evaluate each mediator not less than once every 12 months.
NOTE
Authority cited: Section 56504.5, Education Code. Reference: Section 56504.5, Education Code; and 20 U.S.C. Sections 1412 and 1415(e)(2)(C).
HISTORY
1. New section filed 5-7-2009; operative 6-6-2009 (Register 2009, No. 19).
2. Change without regulatory effect amending Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3096.2. Supervisor of Hearing Officers.
Note • History
(a) The contractor or agency shall appoint a supervisor of hearing officers.
(b) Qualifications of the supervisor:
(1) At least eight years of experience in the practice of law in civil or criminal trial courts, appellate courts, or quasi-judicial administrative proceedings; and
(2) Significant experience in special education matters.
(c) Duties of the supervisor:
(1) Determine when a hearing officer meets the minimum qualifications established in section 3097;
(2) Include the names and qualifications of hearing officers who have met the requirements described in sections 3097 and 3098.2 on the public list of qualified hearing officers as maintained by the contractor or agency pursuant to 34 C.F.R. Section 300.511(c)(3) and Education Code section 56505(m);
(3) Review and approve the initial training and continuing education programs described in section 3098.2;
(4) Supervise the work of all hearing officers;
(5) Evaluate each hearing officer not less than once every twelve months; and
(6) Review the decisions of hearing officers to ensure that the decisions are clear, concise, logical, well-reasoned, supported by appropriate legal authority, and address all issues required to be decided.
(A) The contractor or agency shall provide a description of the quality control mechanism used by the supervisor to the contract monitor at a time determined in the contract or agreement.
(B) The control mechanism shall ensure that the hearings are fair and decisions are accurate.
(C) The review of a hearing officer's decision shall not involve altering the findings of fact, conclusions of law or hearing outcomes.
NOTE
Authority cited: Section 56504.5, Education Code. Reference: Sections 56504.5 and 56505, Education Code; 20 U.S.C. Section 1412; and 34 C.F.R. Section 300.511.
HISTORY
1. New section filed 5-7-2009; operative 6-6-2009 (Register 2009, No. 19).
2. Change without regulatory effect amending Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3097. Minimum Qualifications for Mediators and Hearing Officers.
Note • History
All mediations and due process hearings shall be conducted by a mediator or hearing officer who has demonstrated to his or her supervisor that he or she satisfies the requirements set forth in Education Code, Chapter 5 of Part 30, commencing with section 56500.
NOTE
Authority cited: Section 56504.5, Education Code. Reference: Sections 56504.5 and 56505, Education Code; 20 U.S.C. Section 1415; and 34 C.F.R. Sections 300.506 and 300.511.
HISTORY
1. New section filed 5-7-2009; operative 6-6-2009 (Register 2009, No. 19).
2. Change without regulatory effect amending section and Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3098. Training for Mediators and Hearing Officers.
Note • History
In addition to the “Minimum Qualifications” set forth in section 3097, all mediators and hearing officers must complete the training requirements set forth in sections 3098.1(a) and (b) or 3098.2(a) and (b) prior to conducting a mediation or due process hearing.
NOTE
Authority cited: Section 56504.5, Education Code. Reference: Sections 56504.5 and 56505, Education Code; 20 U.S.C. Section 1415; and 34 C.F.R. Section 300.506 and 300.511.
HISTORY
1. New section filed 5-7-2009; operative 6-6-2009 (Register 2009, No. 19).
2. Change without regulatory effect amending Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3098.1. Training for Mediators.
Note • History
(a) A mediator shall complete at least 20 hours of training in mediation theory, techniques, and practices, which may include practical, clinical, or simulated training and shall include, but not be limited to, the following subjects:
(1) Mediation purposes;
(2) Evaluating cases for mediation;
(3) Mediation and mediator's ethics;
(4) Confidentiality in and after mediation;
(5) Negotiation theory;
(6) Approaches to conflict resolution;
(7) Preparation for mediation;
(8) Mediator's opening;
(9) Stages of mediation;
(10) Identification and narrowing of issues;
(11) Communications skills;
(12) Use of caucuses;
(13) Strategies for dealing with recurring mediation problems;
(14) Recognizing opportunities in mediation;
(15) Recognizing and dealing with impasse and closure;
(16) Multi-party mediation;
(17) Post-mediation issues; and
(18) Resources for mediators.
(b) In addition to the initial training identified in the immediately preceding subdivision (a) and prior to conducting a mediation, a mediator shall complete at least 20 hours of training in special education disputes, which may include practical, clinical, or simulated training, and which shall include, but not be limited to, the following subjects:
(1) The substantive and procedural laws relating to the Individuals with Disabilities Education Improvement Act of 2004 (IDEIA)(20 U.S.C. Sections 1400-1482), including, but not limited to:
(A) Federal and state regulations pertaining to IDEIA and legal interpretations of this Act by federal and state courts;
(B) Education Code Title 2, Division 4, Part 30, commencing with section 56000 and implementing regulations; and
(C) Related federal and state statutes, regulations and court and administrative rulings interpreting or implementing all of the above.
(2) Common disabilities and their impact on human functioning;
(3) The impact of common disabilities on students in an educational environment;
(4) Disability awareness,
(5) Options for the accommodation of disabilities in education and elsewhere;
(6) Services and supports available to students with exceptional needs;
(7) Adaptation of general techniques to special education disputes;
(8) Participation of children with exceptional needs in special education disputes; and
(9) Participation of parents, guardians, and representatives of children with exceptional needs in special education disputes.
(c) In addition to the initial 40 hours of training described in the immediately preceding subdivisions (a) and (b), a mediator shall complete at least 20 hours of continuing education during each fiscal year. This continuing education shall include training in mediation and the mediation of special education disputes, which may include practical, clinical or simulated training and which shall include but not be limited to, further study of, and developments in, the subjects set forth in the immediately preceding subdivisions (a) and (b).
NOTE
Authority cited: Section 56504.5, Education Code. Reference: Section 56504.5, Education Code; 20 U.S.C. Section 1415; and 34 C.F.R. Section 300.506.
HISTORY
1. New section filed 5-7-2009; operative 6-6-2009 (Register 2009, No. 19).
2. Change without regulatory effect amending subsection (b)(1) and Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3098.2. Training for Hearing Officers.
Note • History
(a) Prior to acting as a hearing officer, a hearing officer shall receive 80 hours of training in adjudication of administrative matters, which shall include, but not be limited to, the following subjects:
(1) Due process and the role of the hearing officer;
(2) Ethical requirements for hearing officers;
(3) Creating and maintaining a bias-free proceeding;
(4) Case management;
(5) Motions and other pre-hearing practices and procedures;
(6) Settlement practice;
(7) Hearing preparation;
(8) Making, completing, supplementing, and preserving a record;
(9) Opening and closing a hearing;
(10) Hearing room control and demeanor;
(11) Strategies for protecting the rights of parties not represented by attorneys;
(12) Dealing with a party's default;
(13) Handling and preserving documents and exhibits;
(14) Credibility of witnesses;
(15) Qualifying and evaluating expert witnesses;
(16) Common evidentiary issues in administrative proceedings;
(17) Closing briefs and arguments and submission;
(18) Writing decisions; and
(19) Resources for hearing officers.
(b) As part of the 80 hours of training set forth in the immediately preceding subdivision (a), a hearing officer's initial training shall include at least 20 hours of training in the adjudication of special education disputes, which may include practical, clinical or simulated training and which shall include, but not be limited to, the following subjects:
(1) The substantive and procedural laws relating to 20 U.S.C. Chapter 33, commencing with section 1400;
(2) The substantive and procedural laws relating to 34 C.F.R. Part 300 commencing with section 300.1;
(3) The substantive and procedural laws relating to Education Code, Title 2, Division 4, Part 30, commencing with section 56000;
(4) The substantive and procedural laws relating to California Code of Regulations, Title 5, division 1, chapter 3, subchapter 1, commencing with section 3000;
(5) Federal and state statutes and regulations related to the laws and regulations identified in subdivision (b)(1)-(4);
(6) Court and administrative rulings interpreting or implementing all of the above;
(7) Common disabilities and their impact on human functioning;
(8) The impact of common disabilities on students' academic, development and functional needs in an educational environment;
(9) Disability awareness;
(10) Options for the accommodation of disabilities in education and elsewhere;
(11) Services and supports available to students with exceptional needs;
(12) Adaptation of general education strategies for students with disabilities;
(13) Participation of children with exceptional needs in special education disputes;
(14) Participation of parents, guardians, and representatives of children with exceptional needs in special education disputes; and
(15) Participation of teachers, instructional assistants, educational support personnel, and administrators in special education disputes.
(c) In addition to the initial 80 hours of training, a hearing officer shall complete at least 20 hours of continuing education during each fiscal year. This continuing education shall include continuing education in the adjudication of administrative disputes and special education disputes, which may include practical, clinical, or simulated training and which shall include, but not be limited to, the subjects set forth in the immediately preceding subdivisions (a) and (b).
NOTE
Authority cited: Section 56504.5, Education Code. Reference: Sections 56504.5 and 56505, Education Code; 20 U.S.C. Section 1415; and 34 C.F.R. Section 300.511.
HISTORY
1. New section filed 5-7-2009; operative 6-6-2009 (Register 2009, No. 19).
2. Change without regulatory effect amending Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
§3099. Preventing Conflicts of Interest for Mediators and Hearing Officers.
Note • History
(a) The contractor or agency shall require mediators and hearing officers to prevent conflicts of interest.
(b) The contractor or agency shall require mediators and hearing officers to disclose all actual and potential conflicts of interest reasonably known to him or her and that could reasonably be seen as raising a question about impartiality.
(c) Any involvement by a mediator or hearing officer with the subject matter of the dispute or any relationship between a mediator or hearing officer with any party, prospective participant, or prospective witness, whether past or present, personal or professional, that reasonably raises a question of the mediator's or hearing officer's impartiality shall be disclosed by the mediator or hearing officer to the parties as soon as practicable after the mediator or hearing officer becomes aware of such circumstance.
(d) The contractor or agency, in the event of an actual or potential conflict, shall require the mediator or hearing officer to decline to mediate or adjudicate the dispute, unless all parties choose to retain him or her.
NOTE
Authority cited: Section 56504.5, Education Code. Reference: Section 56504.5, Education Code; 20 U.S.C. Section 1415; and 34 C.F.R. Sections 300.500, 300.506 and 300.511.
HISTORY
1. New section filed 5-7-2009; operative 6-6-2009 (Register 2009, No. 19).
2. Change without regulatory effect amending Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
Article 8. State Board of Education Waivers
§3100. Resource Specialist Caseload Waivers.
Note • History
(a) A school district, SELPA, county office of education, or any other public agency providing special education or related services may request the SBE to grant a waiver of the maximum resource specialist caseload, as set forth in Education Code section 56362(c), only if the waiver is necessary or beneficial either (1) to the content and implementation of a pupil's IEP and does not abrogate any right provided individuals with exceptional needs by specified federal law or (2) to the agency's compliance with specified federal law.
(b) The SBE shall grant any waiver request submitted in accordance with subdivision (a) only:
(1) when the facts indicate that failure to do so would hinder either:
(A) implementation of a pupil's IEP or;
(B) compliance by the requesting agency with specified federal law; and
(2) when the waiver request meets all of the conditions set forth in subdivisions (c) and (d).
(c) A request to waive the maximum resource specialist caseload shall be “necessary or beneficial” within the meaning of subdivision (a) and Education Code section 56101 only if all of the following conditions are met.
(1) The waiver's effective period does not exceed one past school year and/or the school year in which it is submitted.
(2) The number of students to be served by an affected resource specialist under the waiver does not exceed the maximum statutory caseload of 28 students by more than four students.
(3) The waiver does not result in the same resource specialist having a caseload in excess of the statutory maximum for more than two school years.
(d) For the purposes of subdivision (b), a request to waive the maximum resource specialist caseload shall not “hinder” either (1) implementation of a pupil's IEP or (2) compliance by the requesting agency with specified federal law if all of the following conditions are met:
(1) The requesting agency demonstrates to the satisfaction of the SBE (A) that the excess resource specialist caseload results from extraordinary fiscal and/or programmatic conditions, and (B) that the extraordinary conditions have been resolved or will be resolved by time the waiver expires.
(2) The waiver stipulates that an affected resource specialist will have the assistance of an instructional aide at least five hours daily whenever that resource specialist's caseload exceeds the statutory maximum during the waiver's effective period.
(3) The waiver confirms that the students served by an affected resource specialist will receive all of the services called for in their IEPs.
(4) The waiver was agreed to by any affected resource specialist, and the bargaining unit, if any, to which the resource specialist belongs participated in the waiver's development.
(5) The waiver demonstrates to the satisfaction of the SBE that the excess caseload can be reasonably managed by an affected resource specialist in particular relation to (A) the resource specialist's pupil contact time and other assigned duties and (B) the programmatic conditions faced by the resource specialist, including, but not limited to, student age level, age span, and the behavioral characteristics; number of curriculum levels taught at any one time or any given session; and intensity of student instructional needs.
NOTE
Authority cited: Sections 33031 and 56100, Education Code. Reference: Sections 56101 and 56362, Education Code.
HISTORY
1. New article 8 (section 3100) and section filed 3-2-99; operative 4-1-99 (Register 99, No. 50).
2. Change without regulatory effect amending section and Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
Chapter 3.5. Joint Regulations for Handicapped Children [Repealed]
Subchapter 1. Interagency Responsibilities for Providing Services to Handicapped Children [Repealed]
§3300. Joint Regulations for Handicapped Children. [Repealed]
History
CROSS-REFERENCE: See Title 2, Division 9, Chapter 1, Articles 1-9, Sections 60000-60610, not consecutive.
HISTORY
1. New Division 3.5 (Chapter 1, Section 3300) printed as cross--reference only (Register 86, No. 21).
Chapter 4. Gifted and Talented Pupil Program
Subchapter 1. General Provisions [Repealed]
NOTE
Authority cited: Sections 33031 and 52203, Education Code. Reference: Section 52200, Education Code.
HISTORY
1. Repealer of Division 4 (Chapters 1-4, Sections 300-3861, not consecutive) and new Division 4 (Chapters 1-6, Sections 3800-3870, not consecutive) filed 3-21-80; effective thirtieth day thereafter (Register 80, No. 12). For prior history, see Registers 69, Nos. 25 and 51; 71, Nos. 51; 72, No. 21; 77, Nos. 39 and 48.
2. Repealer of Chapter 1 (Section 3800) filed 4-13-83; effective thirtieth day thereafter (Register 83, No. 16).
Subchapter 2. Eligibility [Repealed]
NOTE
Authority cited: Sections 33031 and 52203, Education Code. Reference: Section 52200, Education Code.
HISTORY
1. Repealer of Chapter 2 (Section 3810) filed 4-13-83; effective thirtieth day thereafter (Register 83, No. 16).
Subchapter 3. Standards Used for Identification of Gifted and Talented Pupils
§3820. Method of Identification.
Note • History
The school district shall have the responsibility for the development of a method for the identification of pupils as gifted and talented. The method of identification shall be included in the application and shall conform to these general principles:
(a) Standards shall ensure the identification of pupils who possess a capacity for excellence far beyond that of their chronological peers.
(b) Methods shall be designed to seek out and identify those pupils whose extraordinary capacities require special services and programs.
(c) Provision shall be made for examining a pupil's range of capacities.
(d) Methods and techniques of identification shall generate information as to a pupil's capacities and needs.
(e) There shall be equal opportunity to be identified in the categories served.
(f) Methods shall be designed to seek out and identify gifted and talented pupils from varying linguistic, economic, and cultural backgrounds.
NOTE
Authority cited: Sections 33031 and 52203, Education Code. Reference: Section 52202, Education Code.
HISTORY
1. Amendment filed 4-13-83; effective thirtieth day thereafter (Register 83, No. 16).
§3821. Responsibility for Identification. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031 and 52203, Education Code. Reference: Section 52200, Education Code.
HISTORY
1. Repealer filed 4-13-83; effective thirtieth day thereafter (Register 83, No. 16).
§3822. Categories for Identification.
Note • History
Each district shall use one or more of these categories in identifying pupils as gifted and talented. In all categories, identification of a pupil's extraordinary capability shall be in relation to the pupil's chronological peers.
(a) Intellectual Ability: A pupil demonstrates extraordinary or potential for extraordinary intellectual development.
(b) Creative Ability: A pupil characteristically:
(1) Perceives unusual relationships among aspects of the pupil's environment and among ideas;
(2) Overcomes obstacles to thinking and doing;
(3) Produces unique solutions to problems.
(c) Specific Academic Ability: A pupil functions at highly advanced academic levels in particular subject areas.
(d) Leadership Ability: A pupil displays the characteristic behaviors necessary for extraordinary leadership.
(e) High Achievement: A pupil consistently produces advanced ideas and products and/or attains exceptionally high scores on achievement tests.
(f) Visual and Performing Arts Talent: A pupil originates, performs, produces, or responds at extraordinarily high levels in the arts.
(g) Any other category which meets the standards set forth in these regulations.
NOTE
Authority cited: Sections 33031 and 52203, Education Code. Reference: Section 52202, Education Code.
HISTORY
1. Amendment of NOTE filed 4-13-83; effective thirtieth day thereafter (Register 83, No. 16).
§3823. Evidence for Identification.
Note • History
Prior to identification, pertinent evidence as to a pupil's capacity for excellence far beyond that of chronological peers shall be compiled.
(a) Appropriate data to be collected by the school district may include: school, class, and individual pupil records; individual tests (including summary and evaluation by credentialed school psychologist); group tests; interviews and questionnaires (teacher, parent, and others). The range of data shall be broad enough to reveal gifts and talents across cultural, economic, and linguistic groups.
(b) Evidence of a pupil's capability may also be derived from pupil products, comments from peers, opinions of professional persons.
(c) Studies of the factors contributing to a pupil's underachievement and studies of a pupil's underachievement resulting from handicapping or disadvantaged conditions shall be considered.
(d) The pertinent evidence shall reflect consideration of the economic, linguistic, and cultural characteristics of the pupil's background.
NOTE
Authority cited: Sections 33031 and 52203, Education Code. Reference: Section 52203, Education Code.
HISTORY
1. Amendment of NOTE filed 4-13-83; effective thirtieth day thereafter (Register 83, No. 16).
§3824. Identification and Placement.
Note • History
The final determination of eligibility of a pupil, as provided in Section 3820, for gifted and talented programs shall rest with the administrative head of the school district or a designated employee of the district in accordance with procedures adopted by the local governing board.
(a) This school employee shall base a decision upon the evaluation of the pertinent evidence by the school principal or a designee of the school principal, a classroom teacher familiar with the school work of the pupil, and, when appropriate, a credentialed school psychologist.
(b) To determine the full range of a pupil's capability, a person recognized as an expert in the gifted and talented category under consideration, and/or an individual who has in-depth understanding of the pupil's linguistic or cultural group shall participate in the evaluation of the evidence unless there is no doubt as to the pupil's eligibility.
(c) These individuals may review screening, identification, and placement data in serial order provided that these individuals shall meet to resolve differences in assessment and recommendations.
(d) This shall not preclude the use of an identification and placement committee.
NOTE
Authority cited: Sections 33031 and 52203, Education Code. Reference: Section 52203(a), Education Code.
HISTORY
1. Amendment of NOTE filed 4-13-83; effective thirtieth day thereafter (Register 83, No. 16).
Subchapter 4. Minimum Standards for Programs
Article 1. General
§3830. Minimum Standards for All Types of Programs. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031 and 52203, Education Code. Reference: Section 52200, Education Code.
HISTORY
1. Repealer filed 4-13-83; effective thirtieth day thereafter (Register 83, No. 16).
Note • History
The following general standards apply to all types of gifted and talented programs:
(a) Unique opportunities for high-achieving and under-achieving pupils who are identified as gifted and talented shall be provided.
(b) Districts shall make provisions for ensuring participation of pupils in the upper range of intellectual ability.
(c) Districts shall make provisions for ensuring full participation of pupils from disadvantaged and varying cultural backgrounds.
(d) The quality of existing programs for gifted and talented pupils shall be maintained and/or improved.
(e) Experimentation with a variety of programmatic approaches and cost levels shall be encouraged.
(f) Written consent of a parent, guardian, or other person having actual custody and control of the pupil shall be on file with the district prior to the pupil's participation in the program.
(g) The district program shall meet the specific needs and requirements, as specified in Education Code Section 52200(c), of gifted and talented pupils. Academic components shall be included in all program offerings.
(h) The district program shall reflect the assessed needs of its identified pupils.
(i) All identified gifted and talented pupils shall have an opportunity to participate in the gifted and talented program.
(j) The district shall develop a written plan for the district program which shall be available for public inspection. The written plan shall describe the appropriately differentiated curricula for identified gifted and talented pupils as well as specify the methods used to examine the appropriateness of the identified pupil's total educational experience including articulation with other specially funded programs which serve gifted and talented pupils. The plan shall include:
(1) The purposes of the program, including the general goals and specific objectives which pupils are expected to achieve;
(2) The rationale for the district's method of identification of gifted and talented pupils;
(3) Where appropriate, procedure for the consideration of the identification and placement of a pupil who was identified as gifted or talented in the district from which the pupil transferred;
(4) The services to be rendered and the activities to be included for pupils participating in special day classes, receiving special services, or participating in special activities for an amount of time as specified in Education Code Section 52206;
(5) Plan for evaluating the various components of the program. Evaluation shall include an annual review of pupil progress and of the administration of the program;
(6) Procedures for modifying the district gifted and talented program on the basis of the annual review;
(7) A staff development plan based upon a needs assessment which includes specification of requisite competencies of teachers and supervisory personnel;
(8) Procedures for ensuring continuous parent participation in recommending policy for planning, evaluating, and implementing the district program;
(9) A procedure to inform parents of a pupil's participation or nonparticipation in the gifted and talented program;
(10) An objective related budget.
NOTE
Authority cited: Sections 33031 and 52203, Education Code. Reference: Section 52206, Education Code.
HISTORY
1. Amendment of subsection (j)(4) filed 4-13-83; effective thirtieth day thereafter (Register 83, No. 16).
Article 2. Types of Programs
§3840. Special Day Classes and Special Services or Activities.
Note • History
All program options shall be in compliance with applicable state and federal regulations. Programs may consist of:
(a) A “Special Day Class” for gifted and talented pupils consists of one or more classes (as defined in Education Code Section 51016) totaling a minimum school day where each of the one or more classes meets the following requirements:
(1) It is composed of pupils identified as gifted and talented.
(2) It is especially designed to meet the specific academic needs of gifted and talented pupils for enriched or advanced instruction and is appropriately differentiated from other classes in the same subjects in the school.
(3) It is taught by a teacher who has specific preparation, experience, personal attributes, and competencies in the teaching of gifted children.
(b) Part-time Grouping: Pupils attend classes as defined in Education Code Section 51016 or seminars which are organized to provide advanced or enriched subject matter for a part of the school day. These classes are composed of identified gifted and talented pupils.
(c) Enrichment Activities: Pupils remain in their regular classrooms but participate in supplemental educational activities planned to augment their regular educational programs. In these supplemental educational activities, the pupils use advanced materials and/or receive special opportunities from persons other than the regular classroom teacher.
(d) Cluster Grouping: Pupils are grouped within a regular classroom setting and receive appropriately differentiated activities from the regular classroom teacher.
(e) Independent Study: Pupils are provided with additional instructional opportunities through either special tutors or mentors, or through enrollment in correspondence courses specified in Education Code Section 51740 and Section 1633 of this title. These opportunities shall be supervised by a certificated person employed by the pupil's school district.
(f) Acceleration: Pupils are placed in grades or classes more advanced than those of their chronological age group and receive special counseling and/or instruction outside of the regular classroom in order to facilitate their advanced work.
(g) Postsecondary Education Opportunities: High school pupils for a part of the day attend classes conducted by college or community college or participate in College Entrance Examination Board Advanced Placement programs. When needed, the high school shall provide books and supplies.
(h) Services for Underachieving Gifted and Talented Pupils: Pupils receive services designed to assist them in developing basic skills needed to overcome, as soon as possible, their underachievement and to enable them to achieve in their academic classes at levels commensurate with their individual abilities. This shall not preclude their participation in other program options.
(i) Services for Linguistically Diverse, Culturally Divergent and/or Economically Disadvantaged Gifted and Talented Pupils: Pupils receive services designed to assist them to develop their potential to achieve at the high levels commensurate with their abilities. This shall not preclude their participation in other program options.
(j) Other: Pupils participate regularly, on a planned basis, in a special counseling or instructional activity or seminars carried on during or outside of the regular school day for the purpose of benefiting from additional educational opportunities not provided in the regular classroom in which the pupils are enrolled.
(k) Other services or activities approved 90 days in advance by the Superintendent of Public Instruction.
NOTE
Authority cited: Sections 33031 and 52203, Education Code. Reference: Section 52206, Education Code.
HISTORY
1. Amendment of subsections (a)(3) and (i) filed 4-13-83; effective thirtieth day thereafter (Register 83, No. 16).
§3841. Contracting for Programs. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031 and 52203, Education Code. Reference: Section 52200, Education Code.
HISTORY
1. Repealer filed 4-13-83; effective thirtieth day thereafter (Register 83, No. 16).
Article 3. Length of Program [Repealed]
HISTORY
1. Repealer of Article 3 (Section 3850) filed 4-13-83; effective thirtieth day thereafter (Register 83, No. 16).
Subchapter 5. Approval of Programs
Note • History
School districts shall file applications with the Superintendent of Public Instruction by June 15 of the preceding school year for prior approval of proposed programs for the next school year. The Superintendent of Public Instruction shall submit to the State Board of Education for final approval a list of tentatively approved agencies.
(a) The application shall be accompanied by the written plan for the program described in Section 3831(j) and shall explain how the program will be appropriately differentiated from the regular school program of the district and how it will meet the specific academic needs of the participating gifted and talented pupils.
(b) Approval shall be based upon evidence of compliance with the general standards set forth in Section 3831.
(c) Approval shall be for a period to be determined by the Superintendent of Public Instruction but not to exceed three years with specific programmatic data to be submitted annually. Approval of programs may be renewed upon submission of an application form and written evaluation of the district's or county's gifted and talented program in accordance with Section 3831(j).
NOTE
Authority cited: Sections 33031 and 52203, Education Code. Reference: Section 52204, Education Code.
HISTORY
1. Amendment of subsection (b) filed 4-13-83; effective thirtieth day thereafter (Register 83, No. 16).
Subchapter 6. Indirect Cost Expenditures
§3870. Indirect Cost Expenditures.
Note • History
The approved indirect cost rate or 3 percent of the state apportionment for the district's gifted and talented program, whichever is the lesser, shall be the maximum amount allowable as indirect costs funded through gifted and talented program monies.
NOTE
Authority cited: Sections 33031 and 52203, Education Code. Reference: Section 52203(c), Education Code.
HISTORY
1. Amendment of NOTE filed 4-13-83; effective thirtieth day thereafter (Register 83, No. 16).
Chapter 5. Consolidated Categorical Aid Programs
Subchapter 1. General Provisions
Article 1. Scope of the Chapter
Note • History
The provisions of this chapter apply to applications for funds under the following statutes and programs:
(a) Special Elementary School Reading Instruction Program (Education Code former Sections 54100-54145 and Sections 62000-62002.5).
(b) School Improvement Programs (Education Code former Sections 52000-52049 and Sections 62000-62002.5).
(c) Compensatory Programs under Title I of the Elementary and Secondary Education Act of 1965, Helping Disadvantaged Children Meet High Standards, Parts A through F, as amended by the Improving America's Schools Act of 1994, Public Law 103-382; (Education Code Sections 54400-54465 except Programs for Migrant Children under Education Code Sections 54440-54445).
(d) Educationally Disadvantaged Youth Programs (Education Code Sections 54000-54008 and former Sections 54020-54033).
(e) Safe and Drug Free Schools and Communities (Title IV of the Elementary and Secondary Education Act of 1965 as amended by the Improving America's Schools Act of 1994, Public Law 103-382).
(f) Innovative Education Program Strategies (Title VI of the Elementary and Secondary Education Act of 1965 as amended by the Improving America's Schools Act of 1994, Public Law 103-382).
(g) The Chacon-Moscone Bilingual-Bicultural Education Act of 1976 (Education Code, former Sections 52160-52178 and Sections 62000-62002.5).
(h) Local Staff Development Programs (Education Code Sections 44670-44671.5).
(i) Dwight D. Eisenhower Professional Staff Development Program (Title II of the Elementary and Secondary Education Act of 1965 as amended by the Improving America's Schools Act of 1994, Public Law 103-382).
NOTE
Authority cited: Sections 18101, 33031, 54005, 54406 and 62000.2 and former Section 54102, Education Code. Reference: Sections 44670-44671.5, 54000-54008, 54400-54425, 54460-54465, 62001 and 62002 and former Sections 52000-52049, 52160-52178, 54020-54033 and 54100-54145, Education Code; and Sections 6301 et seq., Title 20, U.S.C.
HISTORY
1. Repealer of Chapter 1 (Sections 3900-3948, not consecutive) and new Chapter 1 (Sections 3900-3947, not consecutive) filed 5-17-78; effective thirtieth day thereafter (Register 78, No. 20). For history of former Chapter 1, see Registers 74, No. 52; 75, Nos. 21 and 26; 76, Nos. 40 and 43; 77, Nos. 13, 17, 22 and 39.
2. Amendment of section and Note filed 6-23-99; operative 7-23-99 (Register 99, No. 26).
Article 2. Administrative Procedures
Each district shall make a single application to the State Board of Education for approval or continuance of programs under this Chapter on such forms and at such times as the Superintendent of Public Instruction shall determine.
Note • History
For programs defined in Section 3900(c), (e), (f), and (i), appropriate federal regulations apply.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 54000-54041, Education Code.
HISTORY
1. Amendment of section and new Note filed 6-23-99; operative 7-23-99 (Register 99, No. 26).
§3922. Waiver Procedure. [Repealed]
Note • History
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 54000-54041, Education Code.
HISTORY
1. Repealer of section and new Note filed 6-23-99; operative 7-23-99 (Register 99, No. 26).
§3923. Complaint Procedure. [Repealed]
Note • History
NOTE
Authority cited: Section 33031, Education Code; P.L. 95-561, Section 168. Reference: P.L. 95-561, Section 128.
HISTORY
1. Repealer filed 10-16-80; effective thirtieth day thereafter (Register 80, No. 42).
Article 3. Program Requirements
Note • History
Each school receiving consolidated application funds as defined in Section 3900(b), (c), (d), (h), and (i), shall develop a comprehensive program plan for students who will receive additional services from these funds. Each plan shall be based on an assessment of school capability to meet the educational needs of each pupil, specify objectives, and indicate steps necessary to achieve such objectives, including intended outcomes. This comprehensive plan shall account for all program services for participating students, including at least those provided by district and by consolidated application program funds. A school that includes the provisions of all state and federal categorical educational programs in a single, comprehensive plan shall be deemed to have complied with the planning requirements of those programs.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 64001, Education Code.
HISTORY
1. Amendment filed 5-17-78; effective thirtieth day thereafter (Register 78, No. 20).
2. Amendment of section and Note filed 10-17-2000; operative 11-12-2000 (Register 2000, No. 42).
Each school maintaining programs under this chapter shall plan and implement instructional programs which are responsive to the individual needs, strengths, interests, and learning styles of each student. Such instruction shall be designed to enable students to make continuous progress and learn at a rate appropriate to their abilities and of sufficient quality to promote the development of each student's maximum potential.
§3932. Parent, Community, Teacher, Other School Personnel, and Student Involvement.
Note • History
School districts maintaining programs under this chapter shall provide opportunities for the involvement of parents, community representatives, classroom teachers, other school personnel, and students in secondary schools, in the planning, implementation and evaluation of their consolidated application programs. Schools shall be deemed to have met this requirement by establishing a school site council under the provisions of Education Code sections 52852 and 52855.
The local governing board may satisfy the requirement of Education Code section 52054(a) for a school-site and community team by augmenting an existing school site council authorized under Education Code section 52852 and former Education Code section 52012 with at least one additional person not employed at the school.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 52054 and 64001, Education Code.
HISTORY
1. Amendment of section and Note filed 10-17-2000; operative 11-12-2000 (Register 2000, No. 42).
School districts maintaining programs under this chapter shall provide staff development for all certificated, paraprofessional, other appropriate classified, and volunteer personnel involved in the program to assure successful implementation of the program. Staff development activities must be related to the unmet needs for staff as identified in the needs assessment.
The district shall provide for joint participation of certificated, paraprofessional, other appropriate classified, and volunteer personnel in staff development activities. Attendance and participation in staff development activities shall be encouraged through appropriate announcements to members of district and school advisory committees and school-site councils.
§3934. Isolation and Segregation of Pupils.
(a) No program utilizing consolidated application funds shall sanction, perpetuate or promote the segregation of students on the basis of race, ethnicity, religion, sex, or socio-economic status.
(b) No program utilizing consolidated application funds shall:
(1) Create special tracks for the educationally disadvantaged;
(2) Establish adjustment, pregrade, or junior grade classes for the educationally disadvantaged; or
(3) Physically isolate children from their classmates on a scheduled daily basis, except in the following instances:
(A) At the elementary level, children who are assigned to a regular classroom teacher responsible for their instructional program may be moved temporarily to a physical location other than the regular classroom, provided that such assignment is based on a comprehensive diagnostic assessment of student needs until the diagnosed need has been alleviated. Such an alternate physical location includes, but is not limited to, a reading laboratory, a mathematics laboratory, a bilingual-bicultural learning center, an intergroup education learning center, a diagnostic clinic, or similar facilities where the specific needs of the student may best be served.
(B) At the secondary level, students may be assigned to a special class for one or more periods or their equivalent, provided that such assignment is based on a comprehensive diagnostic assessment of student needs and such assignment will terminate when the diagnosed need has been alleviated.
§3935. Multicultural Education. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031, 54005 and 62000.2, Education Code. Reference: Sections 54000-54041, 62001 and 62002, Education Code.
HISTORY
1. Change without regulatory effect repealing section and adding Note filed 6-22-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 26).
§3936. Bilingual-Bicultural Education. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031, 54005 and 62000.2, Education Code. Reference: Sections 54000-54041, 62001 and 62002, Education Code.
HISTORY
1. Change without regulatory effect repealing section and adding Note filed 6-22-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 26).
Note • History
All schools participating in programs funded through the consolidated application shall provide instruction designed to ensure that participating students acquire the basic skills, including reading, writing, language, and mathematics.
NOTE
Authority cited: Sections 54004-54005, Education Code. Reference: Section 54000, Education Code.
HISTORY
1. New section filed 9-5-79; effective thirtieth day thereafter (Register 79, No. 36).
Article 4. Fiscal Concerns
Districts maintaining programs under this chapter shall assure that the sum of local and state apportionment resources utilized in programs for participating students has not been reduced.
§3941. Reports and Inspection of Records.
Note • History
On request of the Superintendent of Public Instruction, school district, cooperative, and consortia records that are required to be maintained by the district shall be made available for inspection to verify the accuracy of reports and to determine the conformity of program activities to the applicable program plans.
NOTE
Authority cited: Sections 33031 and 52039, Education Code. Reference: Sections 52000-52047, Education Code.
HISTORY
1. Amendment filed 5-17-78; effective thirtieth day thereafter (Register 78, No. 20).
2. Amendment filed 11-7-79; effective thirtieth day thereafter (Register 79, No. 45).
Districts maintaining programs under this chapter shall have their programs approved for a period not to exceed three consecutive years contingent (1) upon the availability of funds, (2) upon compliance by the district with the rules promulgated by the State Board of Education and the State Superintendent of Public Instruction, and (3) upon an annual evaluation which demonstrates that the program is not one of low effectiveness, under criteria established by the local governing board.
§3943. Federal Categorical Aid Funds for Eligible Students Attending Private, Nonprofit, Tax Exempt Elementary or Secondary Schools.
When federal regulations for categorical aid funding require or permit categorical aid services to be provided for nonpublic school students, such services shall be comparable to those provided for public school students. Criteria for student eligibility for these services shall be the same in nonpublic as in public schools, except where federal regulations indicate otherwise.
The district shall continuously involve school officials and parents of nonpublic schools receiving federal categorical aid funds in the identification of needs, the establishment of selection criteria for students to receive extra services, the development of program objectives and activities, and the evaluation design.
§3944. Fiscal and Technical Requirements.
(a) Districts maintaining programs under this chapter shall develop budgets, account records, claims for reimbursement and reports in accordance with the California School Accounting Manual.
(b) Auditable records shall be developed by the local educational agency to document compliance with federal and state regulations.
(c) Districts maintaining programs under this chapter shall maintain title to equipment purchased with funds under this chapter and shall maintain inventory records sufficient to demonstrate that such equipment is used only for the particular project approved, provided that obsolete or unneeded equipment may be disposed of in accordance with guidelines established by the Department of Education.
(a) School districts with less than $75,000 total funding available from all consolidated application sources must enter into a cooperative program. Any district receiving consolidated application funds on January 1, 1978, and which was not then required to enter into a cooperative is exempt from this requirement. Where the cooperative administrative agency is a county office of education, and the participating district is a direct service district, charges may be made only for those services that are in addition to those that are provided as direct services.
(b) Each cooperative shall annually execute a formal agreement with each participating district regarding levels and types of services and amounts to be charged for those services.
§3946. The Control, Safeguards, and Disposal of Equipment Purchased with State and Federal Consolidated Application Funds.
(a) Equipment, as defined in the California State Accounting Manual, purchased with state consolidated application funds, and expendable and nonexpendable personal property, as defined in Title 45, Code of Federal Regulations, Part 100.1, purchased with federal consolidated application funds, shall be retained by the recipient district as long as there is a need for such property to accomplish the purpose of the project.
(b) All equipment purchased with consolidated application funds provided under consolidated application programs shall be subject to property management standards maintained by the recipient district, including, but not limited to, the following controls:
(1) Records.
An up to date inventory of each item of equipment shall be kept at the district office and at the appropriate school site. The inventory shall include:
(A) A description.
(B) Identification number.
(C) Acquisition date and original cost.
(D) Funding source.
(E) Location.
(F) Ultimate disposition, including sale price or method used to determine current fair market value.
(2) Labeling.
Each equipment item shall have a label that contains the name of the project, the identification number, and the name of the district.
(3) Disposal.
Equipment purchased with federal or state funds and no longer needed for project purposes may be taken off the consolidated application inventory list in accordance with existing federal regulations governing the disposal of equipment purchased with federal consolidated application funds.
Note • History
The following requirements apply to the funding sources identified in section 3900(b), (d), and (g).
(a) Indirect Costs.
In no case shall the indirect cost rate charged exceed three percent of a district's funding, or the districtwide restricted indirect cost rate approved by the California Department of Education, whichever is less. This rate shall be applied to the total direct expenditures, less capital outlay, for these programs.
(b) Expenditures for centralized services.
(1) Expenditures for centralized services shall include direct costs and direct support costs, as defined in the most recent California School Accounting Manual, administered centrally within the district, cooperative, or consortium.
(2) Each comprehensive school program plan shall contain the amounts budgeted for centralized services and a description of the centralized services to be provided to the school program.
NOTE
Authority cited: Section 33031 and former Section 52039(b), Education Code. Reference: former Section 52039(b)(1), Education Code.
HISTORY
1. Amendment filed 4-14-82; effective thirtieth day thereafter (Register 82, No. 16).
2. Amendment of first paragraph and subsection (b)(1), repealer of subsection (b)(2), subsection renumbering, and amendment of Note filed 6-23-99; operative 7-23-99 (Register 99, No. 26).
3. Change without regulatory effect amending first paragraph and subsections (a) and (b) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
Article 5. Complaint Procedures [Repealed]
HISTORY
1. Repealer of article 5 (sections 3950-3953) filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
Subchapter 2. School Improvement Programs
Article 1. Definitions
Note • History
“Classroom teacher” means all teachers as defined in former Education Code Section 33150(b) except those included in the definition of “other school personnel” as defined in former Education Code Section 52001(a).
NOTE
Authority cited: former Section 52039; and Sections 33031 and 62000.2, Education Code. Reference: former Sections 33150 and 52001; and Section 62002.5, Education Code.
HISTORY
1. New Chapter 2 (Sections 4000-4091, not consecutive) filed 5-17-78; effective thirtieth day thereafter (Register 78, No. 20).
2. Amendment of section and Note filed 6-23-99; operative 7-23-99 (Register 99, No. 26).
Note • History
“Parity” of membership between various groups of persons identified in former Education Code section 52012 and Education Code section 52852 means equal numbers of persons.
NOTE
Authority cited: former Section 52039 and Sections 33031 and 62000.2, Education Code. Reference: former Sections 33150, 52001 and 52012 and Sections 52852 and 62002.5, Education Code.
HISTORY
1. Amendment of section and new Note filed 6-23-99; operative 7-23-99 (Register 99, No. 26).
§4002. Parent Eligible for Membership on the School-Site Council.
Note • History
“Parent eligible for membership on the school site council” means a person who is the mother, father, or legal guardian, or one acting in loco parentis of a pupil attending the particular school but who is not employed at the school attended by such pupil.
NOTE
Authority cited: former Section 52039 and Sections 33031 and 62000.2, Education Code. Reference: former Sections 33150, 52001 and 52012 and Sections 52852 and 62002.5, Education Code.
HISTORY
1. Amendment of section and new Note filed 6-23-99; operative 7-23-99 (Register 99, No. 26).
§4003. Non-English-Speaking Pupil. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031 and 62000.2, Education Code. Reference: Sections 52010-52049.1, 62001 and 62002, Education Code.
HISTORY
1. Change without regulatory effect repealing section and adding Note filed 6-22-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 26).
§4004. Limited-English-Speaking Pupil. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031 and 62000.2, Education Code. Reference: Sections 52010-52049.1, 62001 and 62002, Education Code.
HISTORY
1. Change without regulatory effect repealing section and adding Note filed 6-22-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 26).
§4005. Pupil with Exceptional Needs. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031 and 62000.2, Education Code. Reference: Sections 52010-52049.1, 62001 and 62002, Education Code.
HISTORY
1. Change without regulatory effect repealing section and adding Note filed 6-22-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 26).
§4006. Pupil with Exceptional Abilities. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031 and 62000.2, Education Code. Reference: Sections 52010-52049.1, 62001 and 62002, Education Code.
HISTORY
1. Change without regulatory effect repealing section and adding Note filed 6-22-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 26).
“Elementary school” is a school which has two or more elementary grades (K-6).
Article 2. District Master Plan--Additional Elements [Repealed]
HISTORY
1. Change without regulatory effect repealing article 2 (sections 4020-4024) filed 6-22-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 26).
Article 3. School Improvement Plan [Repealed]
HISTORY
1. Change without regulatory effect repealing article 3 (sections 4040-4061) filed 6-22-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 26).
Article 4. Program Review [Repealed]
HISTORY
1. Change without regulatory effect repealing article 4 (sections 4070-4071) filed 6-22-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 26).
Article 5. Selection and Expansion [Repealed]
HISTORY
1. Change without regulatory effect repealing article 5 (sections 4080-4084) filed 6-22-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 26).
Article 6. Fiscal Concerns
§4090. Expenditure of Planning Grant Funds.
History
School site councils shall establish a single school improvement budget for all participating grades and ensure that planning grant funds are only used for activities directly related to planning and the development of the school improvement plan, and preparation for implementation.
§4091. School Improvement Budget.
Note • History
School site councils with state allocated school improvement funds shall establish a single school improvement budget with these funds for all participating grades to meet the objectives of the school improvement plan. In no case shall funds be budgeted for the sole purpose of reducing class size.
NOTE
Authority cited: Sections 33031 and 52039(b), Education Code. Reference: Sections 52000-52049.5, Education Code.
HISTORY
1. Amendment filed 5-17-78; effective thirtieth day thereafter (Register 78, No. 20).
Subchapter 3. Local Staff Development Programs [Repealed]
HISTORY
1. Change without regulatory effect repealing subchapter 3 (articles 1-2) (sections 4100-4113) filed 10-22-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 43).
Subchapter 4. Economic Impact Aid
Article 1. Purpose
Note • History
This chapter and Chapters 5, 6, and 7 implement the three legislative purposes of the Economic Impact Aid (EIA) Program pursuant to Education Code Sections 54000 et seq.
One purpose is to provide financial assistance to certain school districts having significant concentrations of special need students in meeting their obligation to ensure equal educational opportunity for pupils of limited English proficiency an obligation which exists, irrespective of whether or not a district qualifies for assistance under this chapter or whether or not the EIA funds are made available under this chapter. This purpose is implemented in Chapter 5.
A second equally important purpose is to provide financial assistance to such school districts to design and implement State Compensatory Education (SCE) programs to meet the special educational needs of their educationally disadvantaged students. This purpose is implemented in Chapter 6. A third purpose is to provide financial assistance for other designated purposes such as to improve school security. This purpose is implemented in Chapter 7.
NOTE
Authority cited: Section 54005, Education Code. Reference: Section 54020, Education Code.
HISTORY
1. New Chapter 4 (Articles 1-4, Sections 4200-4203) filed 9-5-79; effective thirtieth day thereafter (Register 79, No. 36).
2. Amendment filed 9-17-82; effective thirtieth day thereafter (Register 82, No. 38).
Article 2. Allocation of Funds [Repealed]
HISTORY
1. Repealer of article 2 (section 4201) filed 6-23-99; operative 7-23-99 (Register 99, No. 26). For prior history, see Register 82, No. 38.
Article 3. General Accounting Requirements
Note • History
School districts receiving EIA funds must maintain separate accounting records which document the total amount of EIA funds spent under Chapters 5, 6, and 7. Such records shall be maintained at the school level. In Title I eligible schools receiving both ESEA, Title I and State Compensatory Education funds, the ESEA Title I accounting requirements may be applied.
NOTE
Authority cited: Section 54005, Education Code. Reference: Section 41010, Education Code.
HISTORY
1. Organizational headings of CCR were renamed as a result of CCR Reformat Project as follows: “Chapter” was renamed to “Subchapter”; “Division” was renamed to “Chapter”; and “Part” was renamed to “Division.” The organizational headings referenced in this regulation and/or history notation have not been renamed; refer to the renamed organizational headings described in this paragraph.
Article 4. Administration and Evaluation Allocations
§4203. Limits on Administration and Evaluation Allocations.
Note
School districts receiving EIA funds shall not allocate more than 10 percent of their total EIA allocation for the purposes of administration and evaluation of their programs which are funded by EIA funds.
NOTE
Authority cited: Section 54005, Education Code. Reference: Section 54004, Education Code.
Subchapter 5. Bilingual Education
Article 1. Purpose [Repealed]
HISTORY
1. Change without regulatory effect repealing article 1 (sections 4300-4301) filed 5-18-99 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 21).
Article 2. Definitions [Repealed]
HISTORY
1. Change without regulatory effect repealing article 2 (section 4302) filed 5-18-99 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 21).
Article 3. Program Requirements [Repealed]
HISTORY
1. Change without regulatory effect repealing article 3 (sections 4303-4313) filed 5-18-99 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 21).
Article 4. Special Funds to Assist Districts
§4320. Determination of Funding to Support Programs to Overcome the Linguistic Difficulties of English Learners.
Note • History
(a) School districts are required to provide services to English learners in all schools in accordance with Education Code Sections 300 et seq. and 62002. In order to meet this requirement, districts shall allocate adequate resources from local, state, and other funds. To assist in providing adequate resources, a portion of EIA funds may be used to provide services to schools which otherwise may not be eligible for SCE funds.
(b) School districts may determine the amount and level of resources to meet the excess cost requirements of Education Code Section 62002, and may use EIA funds for all or part of meeting those requirements. There are a variety of allocation patterns and levels which may be appropriate in local districts.
(c) Those determinations may be made in accordance with a standard to be established as outlined in subsection (d) below. The standard for the district will be described in the district's intradistrict allocation plan required by Education Code Sections 54004.3, 54004.5, and 54004.7.
(d) School districts may use a standard established by:
(1) Determining the number eligible educationally disadvantaged students in all schools eligible to receive state compensatory education funds.
(2) Determining the number of English learners who are not counted in subsection (1).
(3) Dividing the sum of subsection (1) and (2) into the total EIA allocation (after subtracting total district EIA indirect costs and EIA security, limited to not more than 10 percent of the total EIA grant).
(4) The resultant per pupil expenditure levels (as established in subsection (3)) will establish the appropriate minimum average per pupil level of funding to provide services to pupils of limited English proficiency in all schools in the district with such students in attendance.
(e) If a school district decides to provide EIA funding for services to English learners at a per pupil level either below or above the standard, the district must apply to the State Department of Education for approval of that per pupil level. In their intradistrict allocation plan, those districts must demonstrate that their per pupil level will fairly provide the necessary resources to meet the needs of all English learners. These districts shall have an affirmative responsibility to demonstrate that their intradistrict allocation system and allocations from other sources will meet the requirements of Education Code Section 62002.
(f) It is the intent of this article to encourage school districts to make an equitable distribution of EIA funds and ESEA, Title I, funds among all students receiving services; therefore, the allocation of EIA funds under this article will precede the allocation of SCE funds under Chapter 6 or Chapter 7 and precede the allocation of ESEA, Title I, funds. In addition, districts will not allocate SCE or ESEA, Title I, funds for English learners who are receiving, from this article, services of the same nature and scope as would otherwise be provided by SCE or ESEA, Title I, funds so that the total per pupil funding level exceeds the maximum established pursuant to Section 4416. It is assumed that the funds allocated under this article provide at least a portion of the services that would have been provided by SCE or ESEA, Title I.
NOTE
Authority cited: Sections 33031, 54005 and 62000.2, Education Code. Reference: Sections 54004.3, 54004.5, 54004.7, 62001 and 62002, Education Code.
HISTORY
1. Amendment filed 9-17-82; effective thirtieth day thereafter (Register 82, No. 38).
2. Change without regulatory effect amending section heading, section and Note filed 6-22-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 26).
Subchapter 6. State Compensatory Education Programs
Article 1. Program Purpose
Note • History
EIA funds needed by school districts to support State Compensatory Education programs (i.e. SCE funds) provided under this chapter must be used by school districts to expand and improve the educational programs provided for educationally disadvantaged children.
NOTE
Authority cited: Section 54005, Education Code. Reference: Sections 54001, 54004.3, 54020, Education Code.
HISTORY
1. New Chapter 6 (Articles 1-10; Sections 4400-4425, not consecutive) filed 9-5-79; effective thirtieth day thereafter (Register 79, No. 36).
Article 2. Program Requirements
Note • History
Except as otherwise provided in this chapter, SCE funds must be expended in accordance with the requirements of Title I of the Elementary and Secondary Education Act as amended.
NOTE
Authority cited: Sections 33031 and 62000.2, Education Code. Reference: 20 U.S.C. 6301.
HISTORY
1. Amendment of section and Note filed 6-23-99; operative 7-23-99 (Register 99, No. 26).
Note • History
The plan for compensatory education services developed pursuant to Section 3930 shall ensure that these services are consistent with the program strategies and activities otherwise provided for educationally disadvantaged students. The compensatory education services for educationally disadvantaged students who are English learners shall expand and improve the services already otherwise provided to these students.
NOTE
Authority cited: Sections 33031, 54005 and 62000.2, Education Code. Reference: Sections 54000-54020, 60001 and 60002, Education Code.
HISTORY
1. Change without regulatory effect amending section and Note filed 6-22-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 26).
§4403. Secondary School Program.
Note
The program provided for participating secondary school students under this chapter shall make provision for preparing such students for postsecondary education, training, or employment.
NOTE
Authority cited: Section 54005, Education Code. Reference: Section 54000, Education Code.
Article 3. Designating Eligible and Participating Schools
§4410. General Standards for Determining School Eligibility.
Note
General standards for determining school eligibility are:
(a) A school district must determine, on an annual basis, for all schools in the district (e.g., kindergarten through grade twelve), which schools have high concentrations of pupils in need. SCE funds may be used only in such schools and in schools meeting one or more of the requirements of Sections 4411 and 4413.
(b) The school district shall use the following criteria for determining concentrations of pupils in need, giving equal weight to each criterion:
(1) The concentration of limited- and non-English-speaking students;
(2) The concentration of students from low-income families;
(3) The concentration of educationally disadvantaged students.
In calculating the concentrations of pupils in need at each school site, the district may, at its option, use either an unduplicated count of pupils in need or count a child more than once if he or she meets more than one criterion. Districts may use other factors, in addition to using criteria (1)-(3), to identify pupils in need. Districts proposing to use such other factors must demonstrate to the Superintendent of Public Instruction that the additional factors chosen by the district measure special needs of pupils which are not otherwise adequately measured by criteria (1)-(3).
(c) A school will be considered to have a high concentration of pupils in need if it meets one of the following criteria:
(1) On a numerical or percentage basis (or a combination of such bases), the concentration of pupils in need is as high or higher than the districtwide average. If a combination of the numerical and percentage bases is used, the number of schools considered eligible for assistance under this section may exceed the number of such schools that could be so designated if only one such method had been used.
(2) At least 25 percent of the students are limited- or non-English-speaking;
(3) At least 25 percent of the students are from low-income families;
(4) At least 50 percent of the students are educationally disadvantaged per Section 4414.
NOTE
Authority cited: Section 54005, Education Code. Reference: Section 54004.5, Education Code.
§4411. Selecting Participating Schools.
Note
A district may choose to operate compensatory education programs at all eligible schools if it is able to provide a program for each educationally disadvantaged child at those schools which meet the criterion established by the district for participation in such programs at a level of funding per pupil meeting the requirements of Article 5. If the available compensatory education funds are not sufficient to serve all educationally disadvantaged students who meet the district criterion for participation at every eligible school, the district must select schools for participation in rank order, from highest to lowest, according to the relative degree of concentration of pupils in need as determined under Section 4410.
NOTE
Authority cited: Section 54005, Education Code. Reference: Section 54004.5, Education Code.
§4412. Uniform Measure for Designating Eligible and Participating Schools.
Note
The same measures of low-income, educational disadvantagement, and linguistic needs, which shall be chosen by the school district and which may be composites of several indicators, shall be used with respect to all such schools, both to identify eligible schools and, where applicable, to determine the ranking of each school. Acceptable types of data for student identification by category are as follows:
(a) LES/NES students. Measures of the concentrations of LES/NES students in each school site shall be made in accordance with the census required by Section 4304. The numbers determined through this census will be the data used in the intradistrict allocation plan.
(b) Students from low-income families. The 1970 census data on the number of children from low-income families; data on children in families receiving payments under the program of aid to families with dependent children under a state plan approved under Title IV of the Social Security Act and foster children; data concerning children eligible to receive benefits under the National School Lunch Act; and data on children residing in homes with low-assessed value for a single family residence are acceptable sources. A school district may select any of these data or a combination of such data to determine its count of students from low-income families. However, whatever data are used must be applied uniformly throughout the district and must be clearly identified in the intradistrict allocation plan.
(c) Educationally disadvantaged students. The number of educationally disadvantaged students will be established through the use of general standards for determining student eligibility as discussed in Section 4414 of these regulations. If a school district varies its procedures for such identification from those established to satisfy the requirements of Section 4414, such variation must be described clearly in the intradistrict allocation plan.
NOTE
Authority cited: Section 54005, Education Code. Reference: Section 54004.5, Education Code.
§4413. Exceptions to the General Rule for Designating Eligible and Participating Schools.
Note
(a) Designating Grade Spans. Among schools eligible for assistance under this article, a school district may elect to designate schools having specified grade spans as participating schools, irrespective of the relative incidence of pupils in need in other grade spans.
(b) Continuation of Participating School Designation. A school may be selected as a participating school under Section 4410 for a fiscal year even though it does not qualify under such subsection for that fiscal year if such school was eligible for and participated in the program in either of the two preceding fiscal years.
(c) Use of Title I Rules for Designating Schools. Notwithstanding Sections 4410 and 4411, a school district may choose to designate eligible and participating schools in accordance with 20 U.S.C. 2732.
(d) Expanding the Number of Participating Schools. Notwithstanding Sections 4410 and 4411, a school district may designate a school as participating if it:
(1) Satisfies the requirements of 20 U.S.C. 2752.
(2) Ensures that all children who satisfy the school district's criterion for participation in programs assisted under this article and attend schools designated as participating schools in accordance with Section 4410 participate in those schools' programs.
(3) Ensures that schools made eligible for assistance under this article will be served in rank order.
NOTE
Authority cited: Section 54005, Education Code. Reference: Section 54004.5, Education Code.
Article 4. Designating Students to Be Participants
§4414. General Standards for Determining Student Eligibility.
Note • History
(a) School districts must use SCE funds for educationally disadvantaged students attending participating schools as determined in accordance with Sections 4410-4413.
(b) For purposes of this article, the term “educationally disadvantaged students” means students who have need for special educational assistance in order that their level of educational attainment may be raised to that appropriate for students of their age. The term includes LES/NES students who are not proficient in English and students with a primary language other than English who are proficient in the English language and who are not functioning at the level appropriate for students of their age.
(c) In general, the needs assessment used to identify educationally disadvantaged students within eligible schools must be based on objective empirical evidence in the English language which indicates the students whose educational attainment in the basic instructional areas is below that appropriate for students of their age. It is presumed that the use of standardized, nationally normed tests meets the requirements of this subsection. The use of other objective measures, including validated criterion-referenced tests, diagnostic tests, and development scales, may be used if they provide a standardized means for determining the level of educational attainment appropriate to children of their age, and if such measures meet the following criteria:
(1) The cutoff point, score, or criterion for eligibility must have been determined by its empirical relationship to the educational attainment appropriate to the age of the student and may be identified by the fiftieth (or more stringent) percentile on a nationally normed test.
(2) Districts must have conducted an empirical study of the relationship between their means of identification and a nationally normed test, and demonstrate that students identified as eligible for participation in compensatory education programs by using the alternative procedure would have scored below grade level using a nationally normed standardized test.
It is not necessary that such a study be conducted with every group of students to be identified. Districts are encouraged to use a variety of valid, reliable indicators to provide the best possible information on student performance for purposes of identification of eligible students.
NOTE
Authority cited: Section 54005, Education Code. Reference: Sections 54001, 54004.5, 54020, Education Code.
HISTORY
1. Organizational headings of CCR were renamed as a result of CCR Reformat Project as follows: “Chapter” was renamed to “Subchapter”; “Division” was renamed to “Chapter”; and “Part” was renamed to “Division.”
§4415. General Standards for Determining Students to Be Participants.
Note
(a) In the event that not all eligible students in those schools designated as participating schools can be participants, a school district must select a uniform objective criterion for purposes of determining which eligible students will participate in programs receiving funds from SCE and/or Title I as amended. The criterion selected must ensure that the students of greatest need are selected as participants.
(b) The total number of students receiving ESEA, Title I and SCE funds, as determined by district policy pursuant to this article, must not exceed the total number of students who score below the fiftieth percentile on a nationally normed achievement test unless the district is able to demonstrate that such a policy is appropriate.
NOTE
Authority cited: Section 54005, Education Code. Reference: Section 54004.3, Education Code; 20 U.S.C. 2733.
Article 5. Level of Funding
§4416. Minimum and Maximum Levels of Funding.
Note
Districts shall determine minimum and maximum levels of funding for all educationally disadvantaged students who participate in programs funded in whole or in part by SCE and ESEA, Title I according to the following criteria:
(a) The level of funding ensures that the program is of sufficient size, scope, and quality to give reasonable promise of achieving the objectives of the program.
(b) The level of funding is not excessive or extravagant in terms of the needs of students to be served.
NOTE
Authority cited: Section 54005, Education Code. Reference: Sections 52168, 54004.5(b), Education Code.
§4417. Recognition of Local Compensatory Education Programs.
Note • History
(a) Local school districts may provide compensatory education services using local funds and such local programs may be counted for the purposes of the intradistrict fund allocation plan, if it meets the requirements of 20 U.S.C. 2751(b)(1)(C). The district must request advance determination by the California Department of Education that the local compensatory education program is approvable.
(b) The district may provide school-level program description outlining the specific services provided under these locally-devised programs. The school-level funding must be shown on local school and district-level applications.
NOTE
Authority cited: Section 54005, Education Code. Reference: Section 54001, Education Code.
HISTORY
1. Change without regulatory effect amending subsection (a) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
Article 6. Allocation Alternatives
(a) In general, except as provided in the next sentence, SCE funds must be distributed according to an objective criterion without taking into account the availability or existence of Title I funds and in accordance with subsections (b) through (g). The existence of Title I funds may be taken into account in allocating SCE funds so long as students satisfying the objective criteria for participation residing in Title I eligible areas receive, in the aggregate, the same amount of SCE funds as they would have received if Title I funds were not available.
(b) Students residing in Title I eligible areas who satisfy the objective criterion must receive assistance under SCE or Title I before any student who does not satisfy the objective criterion.
(c) School districts must ensure that the services provided to all educationally disadvantaged students in greatest need of assistance residing in Title I areas who receive assistance under SCE in lieu of Title I and who would have received assistance under Title I if SCE did not exist, are of the same nature and scope that would have been provided under Title I.
(d) School districts must also ensure that educationally disadvantaged students attending nonpublic schools will be selected for participation in Title I programs according to the Title I procedures for ranking school attendance areas without regard to an exemption to the Title I ranking procedure which allows programs for students residing in certain areas to receive SCE funds in lieu of Title I funds.
(e) Further, all schools which satisfy Section 4410 (pertaining to SCE school eligibility) must be served before any school which does not satisfy Section 4410.
(f) SCE funds must be allocated at a level per participant in Title I eligible areas which is consistent with Section 4416 and that is at least equal to the minimum level per participant used in non-Title I eligible areas.
(g) At a minimum, at least 50 percent of SCE funds must be spent in Title I eligible areas.
Note • History
Each school district shall allocate State Compensation Education (SCE) funds using one of the following methods, and in its consolidated application, shall specify to the California Department of Education the method used.
(a) Alternative 1:
(1) Identify the schools eligible for SCE funds in accordance with section 4410.
(2) Identify students who meet the objective criterion eligible for participation in SCE programs in accordance with section 4414.
(3) Identify all students meeting the criteria established in subdivision (2) who reside in attendance areas of schools eligible for SCE funds according to the criterion established in subdivision (1).
(4) Determine a level of funding per participant which is in accordance with section 4416 and section 4420.
(5) Compute the percentage of students participating in SCE programs who reside in Title I eligible attendance areas.
(6) Determine the amount of SCE funds to be allocated for SCE programs serving participating students who reside in Title I eligible attendance areas such that the percentage of SCE funds allocated to Title I eligible areas is at least as great as the percentage of SCE participating students computed in subdivision (5).
(7) Allocate the portion of the district's SCE funds which must be spent in Title I eligible areas as determined in subdivision (6) to all Title I eligible schools which are also eligible to receive SCE funds such that the same percentage of students eligible to participate in SCE programs is served in each eligible school; e.g., if there are sufficient funds to serve 60 percent of the eligible students in all Title I eligible schools, then SCE funds would be allocated to serve 60 percent of the eligible students in each eligible Title I school.
(8) Allocate the portion of the district's SCE funds which may be spent in non-Title I eligible areas (the amount remaining after subtracting SCE funds allocated to Title I schools as determined in subdivision (6) to all non-Title I eligible schools which are eligible to receive SCE funds such that the same percentage of students eligible to participate in SCE programs are served in each eligible school; e.g., if there are sufficient funds to serve 60 percent of the eligible students in all non-Title I eligible schools, then SCE funds would be allocated to serve 60 percent of the eligible students in each eligible non-Title I school.
(9) Allocate Title I funds to Title I eligible schools and students in accordance with Title I law and regulations.
(10) If Title I eligible schools are skipped for purposes of receiving Title I funds because their programs for educationally disadvantaged students are funded by SCE, these Title I eligible schools must receive the same nature and scope of service as those which would have otherwise been provided under Title I.
(b) Alternative 2:
(1) Identify the schools eligible for SCE funds in accordance with section 4410.
(2) Identify students who meet the district criterion for participation in SCE programs in accordance with section 4414.
(3) Identify all students meeting the criterion established in subdivision (2) who reside in attendance areas of schools eligible for SCE funds according to the criterion established in subdivision (1).
(4) Determine a level of funding per participant which is in accordance with section 4416 and section 4420.
(5) Compute the percentage of students who meet the district criterion for participation in SCE programs who reside in Title I eligible attendance areas.
(6) Determine the amount of SCE funds to be allocated for SCE programs serving participating students who reside in Title I eligible attendance areas such that the percentage of SCE funds allocated to Title I eligible areas is at least as great as the percentage of SCE participating students computed in subdivision (5).
(7) Rank schools eligible for SCE funds which are in Title I eligible areas according to section 4411.
(8) Allocate the portion of SCE funds which may be spent in non-Title I eligible areas (the amount remaining after subtracting SCE funds allocated to Title I eligible schools as determined in subdivision (6) to schools in the order established in subdivision (9). For each such school receiving an allocation (except for the last school to receive funds), the amount allocated must be sufficient to serve all students who meet the district criterion for participation.
(9) Allocate Title I funds to Title I eligible schools and students in accordance with Title I law and regulations.
(10) If Title I eligible schools are skipped for purposes of receiving Title I funds because their programs for educationally disadvantaged students are funded by SCE, these Title I eligible schools must receive the same nature and scope of service as those which would have otherwise been provided under Title I.
(11) If Title I eligible schools are skipped for purposes of receiving Title I funds because their programs for educationally disadvantaged students are funded by SCE, Title I services must be provided to qualifying nonpublic school students who reside within an area skipped such that the services provided are comparable to the services provided to public school students served by SCE funds. The total number of nonpublic school participants served by Title I must be determined without regard to the availability of SCE funds. Services to nonpublic school students shall be provided to eligible areas in Title I rank order.
(c) Alternative 3:
(1) Identify the schools eligible for SCE funds in accordance with section 4410.
(2) Identify students who meet the district criterion for participation in SCE programs in accordance with section 4414.
(3) Rank schools eligible for SCE funds in accordance with section 4411.
(4) Determine a level of funding per participant which is in accordance with section 4416 and section 4420.
(5) Allocate SCE funds to schools in the order established in subdivision (3). For each such school receiving an allocation (except for the lowest ranked school to receive funds), the amount allocated must be sufficient to serve all students who meet the district criterion for participation.
(6) Allocate Title I funds to Title I schools in Title I rank order. However, any Title I schools receiving SCE funds for all eligible students identified as participants pursuant to subdivision (5) shall be skipped for the purposes of receiving Title I funds.
(7) Programs in Title I eligible schools skipped for the purposes of receiving Title I funds pursuant to subdivision (6) must provide services of the same nature and scope as those that would otherwise be provided under Title I.
(8) The level of funding per participant established pursuant to section 4416 of this chapter for Title I schools receiving SCE funds must be at least as high as the level of funding per participant in schools which receive Title I alone.
(9) Title I services must be provided to qualifying nonpublic school students who reside within an area skipped under subdivision (6) such that the services provided are comparable to the services provided to public school students served with SCE funds. The total number of nonpublic school participants served by Title I must be determined without regard to the availability of SCE funds. Services to nonpublic school students shall be provided to eligible areas in Title I rank order.
(d) Alternative 4:
(1) Identify the schools eligible for SCE funds in accordance with section 4410.
(2) Identify students who meet the district criterion for participation in SCE programs in accordance with section 4414.
(3) Rank schools eligible for SCE funds in accordance with section 4411.
(4) Determine a level of funding per participant in accordance with section 4416 and section 4420 such that schools eligible for both Title I and SCE funds receive a combination of Title I and SCE funds.
(5) Allocate SCE funds to schools in the order established in subdivision (3). For each such school receiving an allocation (except for the lowest ranked school to receive funds), the amount allocated must be sufficient to serve all students who meet the district criterion for participation.
(6) Allocate Title I funds to Title I eligible schools in Title I rank order by allocating Title I funds in addition to SCE funds such that the total state and federal compensatory education funds per participant reach the level per participant determined in subdivision (4).
(7) Title I eligible schools that receive a combination of Title I and SCE funds must be allocated at least the same combined level of funding per participant as Title I eligible schools that are allocated Title I funds alone.
(e) Alternative 5:
(1) Select a grade span to be served by SCE funds.
(2) Identify the schools eligible for SCE funds in accordance with section 4410, which include the grade spans selected in subdivision (1).
(3) Rank schools eligible for SCE funds in accordance with section 4411 which contains the grade spans selected in subdivision (1).
(4) Determine a level of funding per participant which is in accordance with sections 4416 and 4420.
(5) Allocate SCE funds to schools in the order established in subdivision (4). For each such school receiving an allocation (except for the lowest ranked school to receive funds), the amount allocated must be sufficient to serve all students who meet the district criterion for participation in the grade span selected.
(6) Select a grade span to be served by Title I funds which is not served with SCE funds.
(7) Allocate Title I funds to Title I grade spans in Title I rank order.
(8) SCE programs in Title I eligible grades skipped for the purposes of receiving Title I funds pursuant to subdivision (6) must provide services of the same nature and scope as those that would otherwise be provided under Title I.
(9) Title I services must be provided to qualifying nonpublic school students who reside within an area or are in a grade skipped under subdivision (7) such that the services are comparable to services provided to public school students served with SCE funds. The total number of nonpublic school participants served by Title I must be determined without regard to the availability of state funding. Services to nonpublic school students shall be provided to eligible areas in Title I rank order.
(f) Alternative 6:
(1) Determine a method of allocation which is consistent with section 4420(a). The allocation procedure used must be described in detail in the district's consolidated application.
NOTE
Authority cited: Section 54004, Education Code. Reference: Sections 54004.5 and 54004.7, Education Code.
HISTORY
1. Change without regulatory effect amending section and Note filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
Article 7. Evaluation
Note • History
Each school plan shall include an evaluation plan which addresses, at a minimum, the areas specified in Education Code section 54006. The California Department of Education shall specify administratively, through required planning and reporting procedures, the minimum criteria for each school-level evaluation plan. The minimum criteria shall include: a general framework of accepted evaluation procedures such that the school advisory council and local governing board will have information adequate to carry out their responsibilities; provision for such information as will be necessary to enable the State Superintendent of Public Instruction and the State Board of Education to carry out their responsibilities pursuant to sections 54005 and 54006.
NOTE
Authority cited: Section 54004, Education Code. Reference: Section 54006, Education Code.
HISTORY
1. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
Article 8. District and School Advisory Councils
Note
Each participating school district shall establish a district advisory council and shall also establish a school advisory council at each participating school. Advisory councils established pursuant to this article shall comply with the ESEA, Title I, law and regulations pertaining to advisory councils. These councils shall include broad representation of the parent population served by this district or school respectively including socio-economic and ethnic groups represented in the district or school attendance area.
(a) If Title I services are provided to students in nonpublic schools, each nonpublic school system with such students must be given the opportunity to submit the name of a candidate(s) for the election of the district advisory council.
(b) A nonpublic system may establish advisory councils at its schools which receive Title I services.
(c) Applications for funds under this chapter must contain a certification of participation in the Title I/SCE planning process as follows:
(1) District Application--the district advisory council chairperson;
(2) School-level plans--the school advisory council chairperson;
(3) The District Application--Nonpublic Schools section--a representative for the Nonpublic Schools.
NOTE
Authority cited: Section 54005, Education Code. Reference: 20 U.S.C. 2735; 45 C.F.R. 116a.25.
Article 9. Comparability
§4424. Comparability of Services.
Note • History
(a) After July 1, 1979, in accordance with procedures established by the California Department of Education, an application of a local educational agency (LEA) for grants under section 54420 of the California Education Code shall not be approved, nor payments made of SCE funds under a previously approved application of such agency, unless that LEA has demonstrated that exclusive of local, state, and federal categorical funding, including School Improvement Programs, State Compensatory Education Programs, and programs pursuant to Chapter 4, Article 4 of this division:
(1) The number of children enrolled per full-time equivalent classroom teacher and teacher's aide in schools pursuant to this section is not more than 105 percent of the average number of pupils per teacher and teacher's aide in all public schools serving comparable grade levels in the applicant's district, or
(2) The annual expenditure per child for salaries per full-time equivalent teacher and teacher's aide, exclusive of that portion of salary based on longevity, in schools providing programs pursuant to this section is not less than 95 percent of expenditures per child in all public schools serving comparable grade levels in the applicant's district, or
(3) The district can demonstrate to the satisfaction of the State Superintendent of Public Instruction (SSPI) that the resources per pupil enrolled in each school pursuant to this section is not less than the resources per pupil in all of the schools within the district serving comparable grade levels.
(b) After comparability has been demonstrated pursuant to subdivision (a) of this section, and with prior approval of the SSPI, a LEA experiencing high student mobility need not make adjustments in order to maintain comparability unless the percentage amount computed under subdivision (a)(1) is more than 110 or the percentage amount computed under subdivision (a)(2) is less than 90.
NOTE
Authority cited: Sections 33031 and 54005, Education Code. Reference: Sections 54000-54005, Education Code; 20 U.S.C. Section 2736; and 34 C.F.R. Section 201.120.
HISTORY
1. Amendment filed 4-14-82; effective thirtieth day thereafter (Register 82, No. 16).
2. Change without regulatory effect amending section and Note filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
Article 10. California Preschool Program
§4425. California State Preschool Program.
Note
California State Preschool Education Program funds are directed at children of low-income families. Preschool classes may be operated by any public agency or any private agency which meets eligibility requirements. Classes may be operated without regard to specific school sites, but preferably should be established in target areas to serve children who reside within the attendance areas of schools eligible for ESEA, Title I, or State Compensatory Education funds.
In order for children to be eligible for entrance into a State Preschool Education Program, the children must have reached their third birthday and have not yet reached the legally eligible age for kindergarten.
NOTE
Authority cited: Sections 54004-54005, Education Code. Reference: Section 8320, Education Code.
Note • History
Districts maintaining programs under this chapter shall assure that the sum of local and state apportionment resources utilized in programs for participating students has not been reduced. The following standards apply:
(a) Except as provided in subdivisions (c) and (d) of this section, the Superintendent of Public Instruction may approve an application from a Local Education Agency (LEA) or state agency for state compensatory education funds only if it is demonstrated in the application that its expenditures of state and local funds for the education of children, either on an aggregate or average daily attendance basis, are not less for the first fiscal year preceding the fiscal year in which the agency is applying for funds than for the second preceding fiscal year.
(b) In demonstrating compliance with the requirement in subdivision (a) of this section, only the following expenditures may be included in the computation:
(1) Expenditures by object classifications 1000 through 5000 series in the California School Accounting Manual, 1980 Edition, except expenditures for community service classes, and
(2) Expenditures of federal funds received under Public Law 874 (School Assistance in Federally Affected Areas).
(c) In determining compliance with the requirement in subdivision (a) of this section, the Superintendent of Public Instruction may disregard a decrease of less than ten percent in allowable expenditures from the second preceding fiscal year to the first preceding fiscal year.
(d) Upon written application, the Superintendent of Public Instruction may determine that the LEA or state agency is in substantial compliance with the requirement in subdivision (a) of this section, provided, the applicant demonstrates that any decrease in allowable expenditures from the second preceding fiscal year to the first preceding fiscal year did not result in any decrease in the level of services provided.
NOTE
Authority cited: Sections 33031 and 54005, Education Code. Reference: Section 54001, Education Code; and 20 USC 2736, 34 CFR 200.60-200.61.
HISTORY
1. New section filed 4-14-82; effective thirtieth day thereafter (Register 82, No. 16).
Subchapter 7. Miscellaneous Programs
Article 1. Schoolwide Programs
§4500. Low Income Schoolwide Programs.
Note • History
EIA funds and/or local funds may be used to satisfy the requirement of Section 20 U.S.C. 2753(b)(7)(B) pertaining to low income schoolwide programs.
NOTE
Authority cited: Section 54004, Education Code; 20 U.S.C. 2812. Reference: 20 U.S.C. 2751.
HISTORY
1. New Chapter 7 (Sections 4500-4503) filed 9-5-79; effective thirtieth day thereafter (Register 79, No. 36).
§4501. Low Achievement Schoolwide Programs.
Note
(a) A school district may, after reviewing advice from the district parent advisory council established under Section 4423, use a portion of its EIA funds to satisfy the requirements of subsection (b) of this section.
(b) Notwithstanding any provision of Chapters 5, 6, or 7 of this division, a school district may use a portion of its EIA funds and/or local funds to meet the needs of educationally disadvantaged students by improving the entire educational program in a school in which not less than 75 percent of the students are educationally disadvantaged (in accordance with criteria used by the school district to satisfy the requirements of Section 4415) if the requirements of subsection (c) are met.
(c) A school may be designated for a schoolwide program under subsection (b) if:
(1) A plan has been developed meeting the requirements of 20 U.S.C. 2753(b)(1), (2), (3), (5), and (6);
(2) The plan has been approved by the school advisory council established under Section 4423;
(3) In the case of a school district in which there are one or more schools described in subsection (b) and there are also one or more other participating schools, the local educational agency makes EIA funds available for children in such schools described in subsection (b) in amounts which, per educationally disadvantaged child served, equal or exceed the amount of such funds made available per educationally disadvantaged child served in such other schools;
(4) EIA funds may be provided to such schools in amounts which, per child served who is not educationally disadvantaged, equal the amount of funds provided under this section which, per educationally disadvantaged child served, are made available for children in such schools; and
(5) The average per-pupil expenditure in schools described in subsection (b) (excluding amounts expended under this section) for the fiscal year in which the plan is to be carried out will not be less than such expenditure in such schools in the previous fiscal year.
(d) The Superintendent of Public Instruction may approve the plan of any local educational agency for a schoolwide program if that plan meets the requirements of subsection (c).
(e) For any school with an approved plan under this section, the local school district shall be relieved of requirements with respect to:
(1) Maintaining separate accounting records for each funding source,
(2) Identifying particular students as being eligible to participate, and
(3) Demonstrating that services provided from those funding sources are supplementary to the base program. The local district shall, however, demonstrate that the services provided in such schools are substantially greater than services furnished to schools without funding and shall meet all other school plan requirements contained in law and regulations.
NOTE
Authority cited: Sections 54004-54005, Education Code. Reference: 20 U.S.C. 2753.
Article 2. School Security
§4502. Improvement of School Security.
Note
School districts may request that the Superintendent of Public Instruction approve a specific portion of the EIA funds they receive be designated for expenditure for noninstructional costs to improve school security. Such noninstructional expenditures may be used to meet costs arising from incidents of vandalism, necessary security costs, insurance costs, and/or other costs directly related to school security. In such application, school districts will specify the amounts of such funds and the purpose of such expenditures. No school district shall request an amount for such purposes which exceeds the portion of $2,000,000 that the student population (K-12) of such district represents of the student population (K-12) of the state.
NOTE
Authority cited: Section 54007, Education Code. Reference: Section 54007, Education Code.
§4503. Alternative Program Options for Special Needs.
Note
(a) EIA funds may be used to carry out any or all of the three alternative special program options permitted by this section subject to the provisions of subsection (b).
(b) Program options permitted by subsections (c), (d), and (e) of this section may only be exercised if:
(1) The school parent advisory council has approved and the district parent advisory council has reviewed the implementation of such option.
(2) The school proposing to exercise such option is a school which is participating in the state compensatory education program.
(3) Not more than 25 percent of a district's EIA allocation is expended to carry out the program options authorized by this section and the schoolwide program options authorized by Sections 4500 and 4501.
(4) A schoolwide needs assessment has been conducted to determine the necessity of providing such option(s).
(c) Students who have been eligible and have participated in compensatory education programs in accordance with the objective criterion established by the district pursuant to Sections 4414 and 4415 may continue to participate in such services, even though such student no longer meets the objective criterion, if such student met the objective criterion in either of the two preceding fiscal years.
(d) In schools with more than 50 percent of their students from low income families (determined in accordance with Section 4412), students who do not meet the objective criterion established by the district pursuant to Sections 4414 and 4415, but who test below the 90th percentile (as established through the use of the appropriate test instruments pursuant to Section 4414) may be eligible to receive excess cost services in order that they may be assisted in reaching their full potential.
(e) If adequately documented in a schoolwide needs assessment, a participating SCE school may use EIA funds to conduct a schoolwide project which is explicitly designed to provide assistance to the educationally disadvantaged students attending such schools.
NOTE
Authority cited: Section 54005, Education Code. Reference: Section 54004.1, Education Code.
Subchapter 8. Bilingual Education Programs [Repealed]
NOTE
Authority cited: Section 54020, Education Code. Reference: Section 54004.7, Education Code.
HISTORY
1. Repealer of Chapter 8 (Sections 4300-4305) filed 9-5-79; effective thirtieth day thereafter (Register 79, No. 36). For history of former chapter, see Registers 78, No. 20; 77, No. 39; and 75, No. 21.
Subchapter 9. Bilingual-Bicultural Education Programs [Repealed]
NOTE
Authority cited: Section 54020, Education Code. Reference: Section 54004.7, Education Code.
HISTORY
1. Repealer of Chapter 9 (Articles 1-4; Sections 4310-4322, not consecutive) filed 9-5-79; effective thirtieth day thereafter (Register 79, No. 36). For history of former chapter, see Registers 78, No. 20; 77, No. 39; and 77, No. 13.
Chapter 5.1. Uniform Complaint Procedures
Subchapter 1. Complaint Procedures
Article 1. Definitions
Note • History
As used in this chapter, the term:
(a) “Appeal” means a request made in writing to a level higher than the original reviewing level by an aggrieved party requesting reconsideration or a reinvestigation of the lower adjudicating body's decision.
(b) “Beginning of the year or semester” means the first day classes necessary to serve all the students enrolled are established with a single designated certificated employee assigned for the duration of the class, but not later than 20 working days after the first day students attend classes for that semester.
(c) “Complainant” means any individual, including a person's duly authorized representative or an interested third party, public agency, or organization who files a written complaint alleging violation of federal or state laws or regulations, including allegations of unlawful discrimination in programs and activities funded directly by the state or receiving any financial assistance from the state.
(d) “Complaint” means a written and signed statement alleging a violation of federal or state laws or regulations, which may include an allegation of unlawful discrimination. If the complainant is unable to put the complaint in writing, due to conditions such as a disability or illiteracy, the public agency shall assist the complainant in the filing of the complaint.
(e) “Complaint investigation” means an administrative process used by the Department or local educational agency for the purpose of gathering data regarding the complaint.
(f) “Complaint procedure” means an internal process used by the Department or local educational agency to process and resolve complaints.
(g) “Days” means calendar days unless designated otherwise.
(h) “Department” means the California Department of Education.
(i) “Direct state intervention” means the steps taken by the Department to initially investigate complaints or effect compliance.
(j) “Educational institution” means a public or private preschool, elementary, or secondary school or institution, the governing board of a school district, or any combination of school districts or counties recognized as the administrative agency for public elementary or secondary schools.
(k) “Facilities that pose an emergency or urgent threat to the health or safety of pupils or staff” means a condition as defined in paragraph (1) of subdivision (c) of section 17592.72 and any other emergency conditions the school district determines appropriate.
(l) “Good repair” shall have the same definition as that found in Education Code section 17002(d).
(m) “Instructional materials” means all materials that are designed for use by pupils and their teachers as a learning resource and help pupils to acquire facts, skills, or opinions or to develop cognitive processes. Instructional materials may be printed or nonprinted, and may include textbooks, technology-based materials, other educational materials, and tests.
(n) “Local agency” means a school district governing board or a local public or private agency which receives direct or indirect funding or any other financial assistance from the state to provide any school programs or activities or special education or related services.
(o) “Local educational agency” (LEA) includes any public school district and county office of education or direct-funded charter school.
(p) “Mediation” means a problem solving activity whereby a third party assists the parties to the dispute in resolving the complaint.
(q) “Misassignment” means the placement of a certificated employee in a teaching or services position for which the employee does not hold a legally recognized certificate or credential or the placement of a certificated employee in a teaching or services position that the employee is not otherwise authorized by statute to hold.
(r) “Public agency” means any local agency or state agency.
(s) “State agency” means the State Departments of Mental Health or Health Services or any other state administrative unit that is or may be required to provide special education or related services to children with disabilities pursuant to Government Code section 7570 et seq.
(t) “State mediation agreement” means a written, voluntary agreement approved by the Department, which is developed by the parties to the dispute, which resolves the allegations of the complaint.
(u) “Subject matter competency” means the teacher meets the applicable requirements of Chapter 6, article 1, subchapter 7 of these regulations, commencing with section 6100, for the course being taught.
(v) “Sufficient textbooks or instructional materials” means that each pupil, including English learners, has a textbook or instructional materials, or both, to use in class and to take home but does not require two sets of textbooks or instructional materials for each pupil. Sufficient textbooks or instructional materials does not include photocopied sheets from only a portion of a textbook or instructional materials copied to address a shortage.
(w) “Superintendent” means the Superintendent of Public Instruction or his or her designee.
(x) “Teacher vacancy” means a position to which a single designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position of which a single designated certificated employee has not been assigned at the beginning of a semester for an entire semester.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 200, 201, 210.1, 220, 17002(d), 17592.72, 33126(b)(5)(A) and (B) and 60010, Education Code; and Sections 11135 and 11138, Government Code.
HISTORY
1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Amendment of section and Note filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
3. Change without regulatory effect amending subsection (l) filed 6-19-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 25).
Article 2. Purpose and Scope
Note • History
(a) This Chapter applies to the filing, investigation and resolution of a complaint regarding an alleged violation by a local agency of federal or state law or regulations governing educational programs, including allegations of unlawful discrimination. The purpose of this chapter is to establish a uniform system of complaint processing for specified programs or activities that receive state or federal funding.
(b) This chapter applies to the following programs administered by the Department:
(1) Adult Education programs established pursuant to Education Code sections 8500 through 8538 and 52500 through 52616.4;
(2) Consolidated Categorical Aid Programs as listed in Education Code section 64000(a);
(3) Migrant Education established pursuant to Education Code sections 54440 through 54445;
(4) Career Technical and Technical Education and Career Technical and Technical Training Programs established pursuant to Education Code sections 52300 through 52480;
(5) Child Care and Development Programs established pursuant to Education Code sections 8200 through 8493;
(6) Child Nutrition Programs established pursuant to Education Code sections 49490 through 49570; and
(7) Special Education Programs established pursuant to Education Code sections 56000 through 56885 and 59000 through 59300.
(c) This chapter also applies to the filing of complaints which allege unlawful discrimination against any protected group as identified under Education Code section 200 and 220 and Government Code section 11135, including actual or perceived sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability, or age, or on the basis of a person's association with a person or group with one or more of these actual or perceived characteristics, in any program or activity conducted by a local agency, which is funded directly by, or that receives or benefits from any state financial assistance.
(d) Nothing in these regulations shall prevent a local educational agency from using its local uniform complaint procedure to address complaints not listed in this section.
(e) The Department will develop a pamphlet for parents that will explain the Uniform Complaint Procedures in a user friendly manner and post this pamphlet on the Department's Web site.
NOTE
Authority cited: Sections 221.1, 8261, 33031, 49531, 49551, 54445, 52355, 52451, and 56100(a) and (j), Education Code; and Section 11138, Government Code. Reference: Sections 200, 220, 260, and 49556, Education Code; Sections 11135 and 11138, Government Code; and 34 CFR 106.1-106.8 and 299.10-299.11.
HISTORY
1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Amendment of section and Note filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
§4611. Referring Complaint Issues to Other Appropriate State or Federal Agencies.
Note • History
The following complaints shall be referred to the specified agencies for appropriate resolution and are not subject to the local and Department complaint procedures set forth in this chapter unless these procedures are made applicable by separate interagency agreements:
(a) Allegations of child abuse shall be referred to the applicable County Department of Social Services (DSS), Protective Services Division or appropriate law enforcement agency. However, nothing in this section relieves the Department from investigating complaints pursuant to section 4650(a)(8)(C) herein.
(b) Health and safety complaints regarding a Child Development Program shall be referred to Department of Social Services for licensed facilities, and to the appropriate Child Development regional administrator for licensing-exempt facilities.
(c) Employment discrimination complaints shall be sent to the State Department of Fair Employment and Housing (DFEH) pursuant to title 22, CCR, section 98410. The complainant shall be notified by first class mail of any DFEH transferral.
(d) Allegations of fraud shall be referred to the responsible Department Division Director who may consult with the Department's Legal and Audits Branch.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 200, 220 and 48987, Education Code; Sections 11135, 11136, 11138 and 12960, Government Code; Section 11166, Penal Code; and 34 CFR 106.1-106.8.
HISTORY
1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Amendment of subsection (a) and Note filed 4-27-92 as an emergency; operative 4-27-92 (Register 92, No. 18). A Certificate of Compliance must be transmitted to OAL 8-25-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-27-92 order transmitted to OAL 10-15-92 and filed 10-28-92 (Register 92, No. 44).
4. Change without regulatory effect amending subsection (c), adopting new subsection (d) and relettering subsections filed 12-16-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 51).
5. Amendment of section and Note filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
Article 3. Local Educational Agency Compliance
§4620. Local Educational Agency Responsibilities.
Note • History
Each local educational agency shall have the primary responsibility to insure compliance with applicable state and federal laws and regulations. Each local educational agency shall investigate complaints alleging failure to comply with applicable state and federal laws and regulations and/or alleging discrimination, and seek to resolve those complaints in accordance with the procedures set out in this chapter and in accordance with the policies and procedures of the governing board.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Section 200, 220 and 260, Education Code; Section 11135, Government Code; and 34 CFR 106.8.
HISTORY
1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Amendment of article 3 heading and amendment of section and Note filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
§4621. District Policies and Procedures.
Note • History
(a) Each local educational agency shall adopt policies and procedures not inconsistent with sections 4600-4695 of this chapter for the investigation and resolution of complaints. Local policies shall ensure that complainants are protected from retaliation and that the identity of a complainant alleging discrimination remain confidential as appropriate. School Districts and County Offices of Education shall submit their policies and procedures to the local governing board for adoption.
(b) Each local educational agency shall include in its policies and procedures the person(s), employee(s) or agency position(s) or unit(s) responsible for receiving complaints, investigating complaints and ensuring local educational agency compliance. The local educational agency's policies shall ensure that the person(s), employee(s), position(s) or unit(s) responsible for compliance and/or investigations shall be knowledgeable about the laws/programs that he/she is assigned to investigate.
(c) Except for complaints under sections 4680-4687 regarding instructional materials, emergency or urgent facilities conditions that pose a threat to the health or safety of pupils or staff, and teacher vacancies or misassignments, the local educational agency may provide a complaint form for persons wishing to file a complaint to fill out and file. A complaint form shall be provided for complaints regarding instructional materials, emergency or urgent facilities conditions that pose a threat to the health or safety of pupils or staff, and teacher vacancies or misassignments. However, a person is not required to use the complaint form furnished by the local educational agency in order to file a complaint.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 200, 220 and 260, Education Code; Section 11135, Government Code; and 34 CFR 106.8 and 299.10-299.11.
HISTORY
1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Amendment of section and Note filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
Note • History
Each local educational agency shall annually notify in writing, as applicable, its students, employees, parents or guardians of its students, the district advisory committee, school advisory committees, appropriate private school officials or representatives, and other interested parties of their local educational agency complaint procedures, including the opportunity to appeal to the Department and the provisions of this chapter. The notice shall include the identity (identities) of the person(s) responsible for processing complaints. The notice shall also advise the recipient of any civil law remedies that may be available under state or federal discrimination laws, if applicable, and of the appeal pursuant to Education Code section 262.3. This notice shall be in English, and when necessary, in the primary language, pursuant to section 48985 of the Education Code, or mode of communication of the recipient of the notice. Copies of local educational agency complaint procedures shall be available free of charge.
NOTE
Authority cited: Sections 200, 220, 221.1, 262.3 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 200 and 220, Education Code; Sections 11135 and 11138, Government Code; and 34 CFR 106.8 and 299.11.
HISTORY
1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Amendment of section heading, section and Note filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
Article 4. Local Complaint Procedures
§4630. Filing a Local Complaint; Procedures, Time Lines.
Note • History
(a) Except for complaints under sections 4680-4687 regarding instructional materials, emergency or urgent facilities conditions that pose a threat to the health or safety of pupils or staff, and teacher vacancies or misassignments, and complaints that allege discrimination, any individual, public agency or organization may file a written complaint with the district superintendent or his or her designee alleging a matter which, if true, would constitute a violation by that local educational agency of federal or state law or regulation governing a program listed in section 4610(b) of this chapter.
(b) An investigation of alleged unlawful discrimination shall be initiated by filing a complaint not later than six months from the date the alleged discrimination occurred, or the date the complainant first obtained knowledge of the facts of the alleged discrimination unless the time for filing is extended by the district superintendent or his or her designee, upon written request by the complainant setting forth the reasons for the extension. Such extension by the district superintendent or his or her designee shall be made in writing. The period for filing may be extended by the district superintendent or his or her designee for good cause for a period not to exceed 90 days following the expiration of the six month time period. The district superintendent shall respond immediately upon a receipt of a request for extension.
(1) The complaint shall be filed by one who alleges that he or she has personally suffered unlawful discrimination, or by one who believes an individual or any specific class of individuals has been subjected to discrimination prohibited by this part.
(2) The complaint shall be filed with the local educational agency in accordance with the complaint procedures of the local educational agency.
(3) An investigation of a discrimination complaint shall be conducted in a manner that protects confidentiality of the parties and maintains the integrity of the process.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 200 and 220, Education Code; Sections 11135, 11136, and 11138, Government Code; and 34 CFR 106.8.
HISTORY
1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Amendment of section and Note filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
§4631. Responsibilities of the Local Educational Agency.
Note • History
(a) Except for complaints regarding instructional materials, emergency or urgent facilities conditions that pose a threat to the health or safety of pupils or staff, and teacher vacancies or misassignments, which must be processed in accordance with sections 4680-4687, within 60 days from the date of the receipt of the complaint, the local educational agency person responsible for the investigation of the complaints or his or her designee shall conduct and complete an investigation of the complaint in accordance with the local procedures adopted pursuant to section 4621 and prepare a written Local Educational Agency Decision. This time period may be extended by written agreement of the complainant.
(b) The investigation shall include an opportunity for the complainant, or the complainant's representative, or both, to present the complaint(s) and evidence or information leading to evidence to support the allegations of non-compliance with state and federal laws and/or regulations.
(c) Refusal by the complainant to provide the investigator with documents or other evidence related to the allegations in the complaint, or to otherwise fail or refuse to cooperate in the investigation or engage in any other obstruction of the investigation, may result in the dismissal of the complaint because of a lack of evidence to support the allegations.
(d) Refusal by the local agency to provide the investigator with access to records and/or other information related to the allegation in the complaint, or to otherwise fail or refuse to cooperate in the investigation or engage in any other obstruction of the investigation, may result in a finding based on evidence collected that a violation has occurred and may result in the imposition of a remedy in favor of the complainant.
(e) The local educational agency should issue a Decision (the Decision) based on the evidence. The Decision shall be in writing and sent to the complainant within 60 days from receipt of the complaint by the local educational agency. The Decision should contain:
(1) the findings of fact based on the evidence gathered,
(2) conclusion of law,
(3) disposition of the complaint,
(4) the rationale for such disposition,
(5) corrective actions, if any are warranted,
(6) notice of the complainant's right to appeal the local educational agency Decision to the Department, and
(7) procedures to be followed for initiating an appeal to the Department.
(f) Nothing in this chapter shall prohibit the parties from utilizing alternative methods to resolve the allegations in the complaint, including, but not limited to, mediation.
(g) Nothing in this chapter shall prohibit a local educational agency from resolving complaints prior to the formal filing of a written complaint.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 200 and 220, Education Code; Sections 11135, 11136, and 11138, Government Code; and 34 CFR 106.8.
HISTORY
1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Amendment of section heading, section and Note filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
§4632. Appeal of Local Educational Agency Decision -- Grounds.
Note • History
(a) Except for complaints under sections 4681 and 4682 regarding instructional materials and teacher vacancies or misassignments, a complainant may appeal a Decision to the Department by filing a written appeal within 15 days of receiving the Decision.
(b) The complainant shall specify the basis for the appeal of the Decision and whether the facts are incorrect and/or the law is misapplied.
(c) The appeal shall be accompanied by:
(1) a copy of the locally filed complaint; and
(2) a copy of the Decision.
(d) If the Department determines the appeal raises issues not contained in the local complaint, the Department will refer those new issues back to the local educational agency for resolution as a new complaint under section 4630 or 4631.
(e) If the Department determines that the Decision failed to address an issue raised by the complaint, the Department shall refer the matter to the local educational agency to make the necessary findings and conclusions on any issue not addressed. The local educational agency will address the issue within 20 days from the date of the referral.
NOTE
Authority cited: Sections 200, 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 11135, 11136 and 11138, Government Code; 34 CFR 106.8; and 34 CFR 299.10(a)(2).
HISTORY
1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Renumbering of former section 4632 to section 4633 and renumbering of former section 4652 to section 4632, including new article 4.5 heading, and amendment of section heading, section and Note filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
§4633. Appeal of Local Educational Agency Decision.
Note • History
(a) If the Decision is appealed, the Department shall notify the local educational agency of the appeal. Upon notification by the Department that the Decision has been appealed, the local educational agency shall forward the following to the Department:
(1) A copy of the original complaint;
(2) A copy of the Decision;
(3) A summary of the nature and extent of the investigation conducted by the local educational agency, if not covered in the Decision;
(4) A copy of the investigation file, including but not limited to, all notes, interviews and documents submitted by the parties or gathered by the investigator;
(5) A report of any action taken to resolve the complaint;
(6) A copy of the local educational agency complaint procedures; and
(7) Such other relevant information as the Department may request.
(b) The Department shall not receive evidence from the parties that could have been presented to the local educational agency investigator during the investigation, unless requested by the Department. Any confidential information or pupil information in the investigative file shall remain confidential and shall not be disclosed by the Department.
(c) The Department may contact the parties for further information, if necessary.
(d) The Department shall review the investigation file, the summary of the nature and extent of the investigation conducted by the local educational agency, the complaint procedures, documents and any other evidence received from the local educational agency and determine whether substantial evidence exists:
(1) That the local educational agency followed its complaint procedures; and
(2) That the relevant findings of fact in the Decision which are the subject of the appeal are supported by the evidence.
(e) The Department shall review the conclusions of law which are the subject of the appeal and determine whether they are correct.
(f) If the Department determines that the Decision is deficient because it lacks findings of fact and conclusions of law regarding the subject of the appeal, the Department may return the Decision to the local educational agency in order to correct the deficiencies within 20 days of the return.
(g) If the Department finds that the Decision is supported by substantial evidence, and that the legal conclusions are not contrary to law, the appeal shall be denied.
(h) If the Department finds the grounds for the appeal have merit:
(1) The Department may, if there is a lack of substantial evidence or a procedural defect in the investigation, remand the investigation to the local educational agency for further investigation of the allegations which are the subject of the appeal; or
(2) The Department may issue a decision based on the evidence in the investigation file received from the local educational agency; or
(3) If the Department determines that it is in the best interest of the parties, conduct a further investigation of the allegations which are the basis for the appeal and issue a decision following further investigation.
(i) If the Department finds merit in the appeal, the Department's decision on appeal shall contain the following:
(1) A finding that the local educational agency complied or did not comply with its complaint procedures;
(2) The Department's findings of fact and conclusions of law regarding the issue on appeal; and
(3) Where a determination is made that the local educational agency failed to comply with the applicable state or federal law or regulation, remedial orders and/or required actions to address the violation(s).
NOTE
Authority cited: Sections 221.1 and 33031; and Section 11138, Government Code. Reference: Sections 200 and 220, Education Code; Sections 11135, 11136 and 11138, Government Code; 34 CFR 106.8; and 34 CFR 299.10(a)(2).
HISTORY
1. Renumbering of former section 4632 to new section 4633, including amendment of section heading, section and Note filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
Article 5. State Complaint Procedures
§4640. Filing a State Complaint That Has Not First Been Filed at the Local Educational Agency; Time Lines, Notice, Appeal Rights.
Note • History
Referral to the Local Educational Agency for Local Resolution.
(a) If a complaint is erroneously filed with the Department without first being filed with and investigated by the local educational agency, the Department shall immediately forward the complaint to the local educational agency for processing in accordance with article 4 of this chapter, unless extraordinary circumstances exist necessitating direct state intervention as described at section 4650.
(b) A letter shall be sent by first class mail to the complainant(s) notifying him, her, or them that:
(1) The Department does not have jurisdiction, at this time, over the complaint and that the complaint should have been filed with the local educational agency in the first instance;
(2) That the complaint has been transferred to the local educational agency requesting the local educational agency to process and investigate the allegation in the complaint; and
(3) That the complainant may file an appeal to the Department following the issuance of the Decision, if he or she believes as a matter of fact or law the Decision is incorrect.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 200 and 220, Education Code; Sections 11135, 11136, and 11138, Government Code; 34 CFR 106.8; and 34 CFR 299.10(a)(2).
HISTORY
1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Amendment of section heading, section and Note filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
Article 6. Direct State Intervention
§4650. Basis of Direct State Intervention.
Note • History
(a) Except for complaints under sections 4680, 4681, 4682 and 4683 regarding instructional materials, teacher vacancies or misassignments, and condition of a facility, the Department shall directly intervene without waiting for local educational agency investigation if one or more of the following situations exist:
(1) The complaint includes an allegation, and the Department verifies, that a local educational agency failed to comply with the complaint procedures required by this Chapter and its local rules and regulations, including, but not limited to, the failure or refusal of the local educational agency to cooperate with the investigation;
(2) The complaint relates to an agency that is not a local educational agency funded through the Child Development or Child Nutrition Programs;
(3) The complainant requests anonymity because he or she would be in danger of retaliation and would suffer immediate and irreparable harm if he or she filed a complaint with the local educational agency;
(4) The complainant alleges that the local educational agency failed or refused to implement the final decision resulting from its local investigation or local mediation agreement;
(5) The complainant alleges and the Department verifies that through no fault of the complainant, no action has been taken by the local educational agency within 60 calendar days of the date the complaint was filed. Prior to direct intervention, the Department shall attempt to work with the local educational agency to allow it to complete the investigation and issue a Decision.
(6) The complainant alleges and the Department verifies that he or she would suffer immediate and irreparable harm as a result of an application of a district-wide policy that is in conflict with state or federal law covered by this Chapter, and that filing a complaint with the local educational agency would be futile.
(7) For complaints relating to special education, any one of the following shall be a condition for direct state intervention:
(A) The complainant alleges that a public agency, other than a local educational agency, as specified in Government Code section 7570 et seq., fails or refuses to comply with an applicable law or regulation relating to the provision of free appropriate public education to individuals with disabilities;
(B) The complainant alleges that the local educational agency or public agency fails or refuses to comply with the due process procedures established pursuant to federal and state law and regulation; or has failed or refused to implement a due process hearing order;
(C) The complainant alleges facts that indicate that the child or group of children may be in immediate physical danger or that the health, safety or welfare of a child or group of children is threatened.
(D) The complainant alleges that an individual with a disability is not receiving the special education or related services specified in his or her individualized educational program (IEP).
(E) The complaint involves a violation of federal law governing special education, 20 U.S.C. section 1400 et seq., or its implementing regulations.
(b) The complaint shall identify the basis, as described in subdivision (a) above, for filing the complaint directly to the Department. The complainant must present the Department with clear and verifiable evidence that supports the basis for the direct filing, except as in subdivision (a)(7).
NOTE
Authority cited: Section 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 200 and 220, Education Code; Sections 11135, 11136, and 11138, Government Code; 34 CFR 106.8; and 34 CFR 299.10(a)(2).
HISTORY
1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Amendment of section and Note filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
Note • History
When the Department receives a complaint requesting direct State intervention, the Department shall determine whether the complaint meets one or more of the criterion specified in section 4650 for direct State intervention and shall immediately notify the complainant by first class mail of the determination to accept the complaint without a local educational agency investigation and/or Decision. If the complaint is not accepted, it shall be referred to the local educational agency for local investigation, or referred to another agency pursuant to section 4611.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 200 and 220, Education Code; Sections 11135, 11136 and 11138, Government Code; 34 CFR 106.8; and 34 CFR 299.10(a)(2).
HISTORY
1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Amendment of section heading, section and Note filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
§4652. Appealing Local Agency Decisions.
Note • History
NOTE
Authority cited: Sections 232 and 33031, Education Code; Section 11138, Government Code. Reference: Sections 11135, 11136, and 11138, Government Code; 34 CFR 76.780-76.783 and 106.8.
HISTORY
1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Renumbering of former section 4652 to section 4632 filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
Article 7. State Investigation Procedures
§4660. Department Resolution Procedures.
Note • History
(a) When the Department determines that direct State intervention is warranted pursuant to any provision of section 4650, the following procedures shall be used to resolve the issues of the complaint:
(1) The Department shall consider alternative methods to resolve the allegations in the complaint.
(2) If both parties request mediation, the Department shall offer to mediate the dispute which may lead to a state mediation agreement.
(3) The Department shall conduct an investigation, including an on-site investigation if necessary, into the allegations in the complaint unless a settlement agreement has been reached between the parties that disposes of all the issues in the complaint.
NOTE
Authority cited: Sections 200, 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 11135, 11136 and 11138, Government Code; 34 CFR 106.8; and 34 CFR 299.10(a)(2).
HISTORY
1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Amendment of article 7 heading, section and Note filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
§4661. Mediation Procedures; State Mediation Agreements; Notice. [Repealed]
Note • History
NOTE
Authority cited: Sections 232 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 11135, 11136, and 11138, Government Code; and 34 CFR 106.8.
HISTORY
1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Repealer of section and amendment of Note filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
§4662. Investigation Timeline.
Note • History
(a) Each party in the dispute shall be sent written notification by the Department of the name(s) of the investigator(s) and the investigation date(s), if known. The notice shall explain the investigation process.
(b) An investigation will be completed within 60 days after receiving a request for direct intervention or an appeal request, unless the parties have agreed to extend the time lines. The Department may grant extensions for the investigation if exceptional circumstances exist that constitute good cause with respect to the particular complaint, and provided that the complainant is informed of the extension and the reasons therefore and provided that the facts supporting the extension are documented and maintained in the complaint file.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 200 and 220, Education Code; Sections 11135, 11136, and 11138, Government Code; 34 CFR 106.8; and 34 CFR 299.10(a)(2).
HISTORY
1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Amendment of section heading, section and Note filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
§4663. Department Investigation Procedures.
Note • History
(a) The investigator(s) shall request all documentation and other evidence regarding the allegations in the complaint.
(b) The investigation shall include an opportunity for the complainant, or the complainant's representative, or both, to present the complaint(s) and evidence or information leading to evidence to support the allegations of non-compliance with state and federal laws and/or regulations.
(c) Refusal by the complainant to provide the investigator with documents or other evidence related to the allegations in the complaint, or to otherwise fail or refuse to cooperate in the investigation or engage in any other obstruction of the investigation may result in the dismissal of the complaint because of a lack of evidence to support the allegations.
(d) Refusal by the local educational agency to provide the investigator with access to records and/or other information related to the allegation in the complaint, or to otherwise fail or refuse to cooperate in the investigation or engage in any other obstruction of the investigation may result in a finding based on evidence collected that a violation has occurred and may result in the imposition of a remedy in favor of the complainant.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 200 and 220, Education Code; Sections 11135, 11136 and 11138, Government Code; 34 CFR 76.1 and 106.8; and 34 CFR 299.10(a)(2).
HISTORY
1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Amendment of section and Note filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
§4664. Department Investigation Report.
Note • History
(a) An investigation report shall be issued. The investigation report shall include the following:
(1) A summary of the allegations in the complaint;
(2) A description of the general procedures of the investigation;
(3) Citations of applicable law and regulations;
(4) Department findings of facts;
(5) Department conclusions;
(6) LEA required actions, if applicable;
(7) LEA recommended specific actions, if applicable;
(8) Time line for corrective actions, if applicable; and
(9) Notice that any party may request reconsideration of the Department's report from the Superintendent of Public Instruction within 35 days of the receipt of the report.
(10) For those programs governed by Part 76 of Title 34 of the Code of Federal Regulations, the parties shall be notified of the right to appeal to the United States Secretary of Education.
(b) An investigation report shall be mailed to the parties within 60 days from the conclusion of the investigation.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 200 and 221, Education Code; Sections 11135, 11136 and 11138, Government Code; 34 CFR 106.8; and 34 CFR 299.10(a)(2).
HISTORY
1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Amendment of section and Note filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
§4665. Discretionary Reconsideration of Department Investigation Report.
Note • History
(a) Within 35 days of receipt of the Department investigation report, either party may request reconsideration by the Superintendent. The request for reconsideration shall designate the finding(s), conclusion(s), or corrective action(s) in the Department's report to be reconsidered and state the specific basis for reconsidering the designated finding(s), conclusion(s) or corrective action(s). The request for reconsideration shall also state whether the findings of fact are incorrect and/or the law is misapplied.
(b) Within 35 days of the receipt of the request for reconsideration, the Superintendent or his or her designee may respond in writing to the parties modifying the specific finding(s), conclusion(s), or corrective action(s) for which reconsideration is requested, or denying the request for reconsideration. Pending the Superintendent's reconsideration, the Department report remains in effect and enforceable.
(c) Appeals by private agencies regarding Child Care Food Programs shall be made to the State Office of Administrative Hearings in accordance with applicable laws and regulations.
(d) Appeals from investigations of complaints involving Child Development contractors, whether public or private, shall be made to the Superintendent of Public Instruction as provided in subsection (a) except as otherwise provided in division 19 of title 5 of the Code of California Regulations.
(e) For those programs governed by part 76 of title 34 of the Code of Federal Regulations, the parties shall be notified of the right to appeal to the United States Secretary of Education.
NOTE
Authority cited: Sections 200, 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 200 and 220, Education Code; Sections 11135, 11136 and 11138, Government Code; 34 CFR 76.1 and 106.8.
HISTORY
1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Amendment of section heading, section and Note filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
Article 8. Enforcement--State Procedures to Effect Compliance
Note • History
(a) Upon determination that a local agency violated the provisions of this chapter, the Department shall notify the local agency pursuant to section 4664(b) that it must take corrective action to come into compliance. If corrective action is not taken, the Department may use any means authorized by law to effect compliance, including, but not limited to:
(1) The withholding of all or part of the local agency's relevant state or federal fiscal support in accordance with state or federal statute or regulation;
(2) Probationary eligibility for future state or federal support, conditional on compliance with specified conditions;
(3) Proceeding in a court of competent jurisdiction for an appropriate order compelling compliance.
(b) No decision to curtail state or federal funding to a local agency under this chapter shall be made until the Department has determined that compliance cannot be secured by other means.
(c) If the Department determines that a Child Development Contractor's Agreement shall be terminated, the procedures set forth in sections 8257(d) or 8400 et seq. of the Education Code and the regulations promulgated pursuant thereto (chapter 19 of title 5, CCR, commencing with section 17906), shall be followed.
(d) If the Department determines that a local educational agency has failed to comply with any provision of sections 49550 through 49554 of the Education Code, the Department shall certify such noncompliance to the Attorney General for investigation pursuant to section 49556 of the Education Code.
NOTE
Authority cited: Sections 200, 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Section 49556, Education Code; Sections 11135, 11136 and 11138, Government Code; and 34 CFR 76.783 and 106.8.
HISTORY
1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Amendment of section and Note filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
§4671. Federal Review Rights. [Repealed]
Note • History
NOTE
Authority cited: Sections 232 and 33031, Education Code; Section 11138, Government Code. Reference: 34 CFR 76.780-76.783.
HISTORY
1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Repealer filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
Article 9. Williams Complaints
§4680. Complaints Regarding Instructional Materials, Teacher Vacancy or Misassignment, and School Facilities.
Note • History
(a) Complaints regarding instructional materials, emergency or urgent facilities conditions that pose a threat to the health or safety of pupils or staff, and teacher vacancy or misassignment shall be filed with the principal of the school, or his or her designee, in which the complaint arises. A complaint about problems beyond the authority of the school principal shall be forwarded in a timely manner, but not to exceed 10 working days, to the appropriate school district official for resolution.
(b) Complaints regarding instructional materials, emergency or urgent facilities conditions that pose a threat to the health or safety of pupils or staff, and teacher vacancy or misassignment may be filed anonymously. A complainant who identifies himself or herself is entitled to a response if he or she indicates that a response is requested. If a response is requested, the response shall be made to the mailing address of the complainant indicated on the complaint.
(c) The school shall have a complaint form available for such complaints. The complaint form shall identify the place for filing the complaint and include a space to indicate whether a response is requested. However, the complainant need not use a complaint form.
(d) All complaints and responses are public records.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 35186, Education Code.
HISTORY
1. New article 9 (sections 4680-4687) and section filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
§4681. Contents of Complaints Regarding Instructional Materials.
Note • History
(a) A complaint related to instructional materials may allege as follows:
(1) A pupil, including an English learner, does not have standards-aligned textbooks or instructional materials or state adopted or district adopted textbooks or other required instructional materials to use in class.
(2) A pupil does not have access to textbooks or instructional materials to use at home or after school. This does not require two sets of textbooks or instructional materials for each pupil.
(3) Textbooks or instructional materials are in poor or unusable condition, having missing pages, or are unreadable due to damage.
(4) A pupil was provided photocopied sheets from only a portion of a textbook or instructional materials to address a shortage of textbooks or instructional materials.
(b) A complaint related to instructional materials shall identify:
(1) the school;
(2) the course or grade level in which the deficiency(ies) in instructional materials exist;
(3) the teacher of the course or grade level; and
(4) the specific nature of the deficiency or deficiencies as specified in subsection (a).
(c) A complaint may include as much text to explain the deficiency or deficiencies in instructional materials as complainant feels necessary. A complaint may contain more than one allegation of deficiency or deficiencies in the instructional material.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 35186, Education Code.
HISTORY
1. New section filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
§4682. Contents of Complaints Regarding Teacher Vacancy or Misassignment.
Note • History
(a) A complaint related to teacher vacancy or misassignment may allege as follows:
(1) A semester begins and a teacher vacancy exists (a position to which a single designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position of which a single designated certificated employee has not been assigned at the beginning of a semester for an entire semester).
(2) A teacher who lacks credentials or training to teach English learners is assigned to teach a class with more than 20 percent English learner pupils in the class. This subparagraph does not relieve a school district from complying with state or federal law regarding teachers of English learners.
(3) A teacher is assigned to teach a class for which the teacher lacks subject matter competency.
(b) A complaint regarding a teacher vacancy or misassignment shall identify:
(1) the course or grade level in which the teacher vacancy or misassignment exists;
(2) the specific nature of the vacancy or misassignment as specified in subdivision (a); and
(3) if it is a misassignment, the name of the teacher who is misassigned.
(c) A complaint may include as much text to explain the teacher vacancy or misassignment as complainant feels necessary. A complaint may contain more than one allegation of teacher vacancy or misassignment.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 35186, Education Code.
HISTORY
1. New section filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
§4683. Contents of Complaints Regarding the Condition of a Facility.
Note • History
(a) A complaint related to the conditions of facilities that pose an emergency or urgent threat to the health or safety of pupils or staff shall identify the specific school in which the condition exists. The complaint shall specify:
(1) the location of the facility;
(2) describe emergency or urgent facilities conditions that pose a threat to the health or safety of pupils or staff; and
(3) how the condition poses a threat to the health or safety of pupils or staff.
(b) A complainant may include as much text to explain the emergency or urgent facilities conditions that pose a threat to the health or safety of pupils or staff, as complainant feels necessary. A complaint may contain more than one allegation of emergency or urgent facilities conditions that pose a threat to the health or safety of pupils or staff.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 35186, Education Code.
HISTORY
1. New section filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
Note • History
(a) In order to identify appropriate subjects of complaint, a notice shall be posted in each classroom in each school in the school district notifying parents and guardians of the following:
(1) There should be sufficient textbooks and instructional materials. For there to be sufficient textbooks and instructional materials each pupil, including English learners, must have a textbook or instructional materials, or both, to use in class and to take home.
(2) School facilities must be clean, safe, and maintained in good repair.
(3) There should be no teacher vacancies or misassignments. There should be a teacher assigned to each class and not a series of substitutes or other temporary teachers. The teacher should have the proper credential to teach the class, including the certification required to teach English learners if present.
(4) The location at which to obtain a form to file a complaint in case of a shortage. Posting a notice downloadable from the Web site of the Department shall satisfy this requirement.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 35186, Education Code.
HISTORY
1. New section filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
Note • History
The principal or the designee of the district superintendent, as applicable, shall make all reasonable efforts to investigate any problem within his or her authority. The principal, or, where applicable, district superintendent or his or her designee shall remedy a valid complaint within a reasonable time period but not to exceed 30 working days from the date the complaint was received. The principal, or where applicable, district superintendent or his or her designee, shall report to the complainant the resolution of the complaint within 45 working days of the initial filing, if complainant identifies himself or herself and requested a response. If the principal makes this report, the principal shall also report the same information in the same timeframe to the district superintendent or his or her designee.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 35186, Education Code.
HISTORY
1. New section filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
§4686. Responsibilities of Governing Board.
Note • History
(a) A complainant who is not satisfied with the resolution of the principal or the district superintendent or his or her designee, has the right to describe the complaint to the governing board of the school district at a regularly scheduled meeting of the governing board.
(b) A school district shall report summarized data on the nature and resolution of all complaints on a quarterly basis to the county superintendent of schools and the governing board of the school district. The summaries shall be publicly reported on a quarterly basis at a regularly scheduled meeting of the governing board of the school district. The report shall include the number of complaints by general subject area with the number of resolved and unresolved complaints.
(c) The complaints and written responses shall be available as public records.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 35186, Education Code.
HISTORY
1. New section filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
§4687. Appeal of Facilities Complaint to Superintendent.
Note • History
(a) A complainant who is not satisfied with the resolution proffered by the principal, or the district superintendent or his or her designee, involving a condition of a facility that poses an emergency or urgent threat, as defined in paragraph (1) of subdivision (c) of section 17592.72, has the right to file an appeal to the Superintendent of Public Instruction within 15 days of receiving the report.
(b) Complainant shall comply with the appeal requirements of section 4632.
(c) The Superintendent of Public Instruction or his or her designee shall comply with the requirements of section 4633.
(d) The Superintendent of Public Instruction shall provide a written report to the State Board of Education describing the basis for the complaint, the school district's response to the complaint and its remedy or proposed remedy and, as appropriate, a proposed remedy for the issue described in the complaint, if different from the school district's remedy.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 17592.72 and 35186, Education Code.
HISTORY
1. New section filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
Chapter 5.2. Improvement of Elementary and Secondary Education
NOTE
Authority cited: Section 52039, Education Code. Reference: Sections 52013 and 52039(b)(2), Education Code.
HISTORY
1. Expired by own terms 12-31-78 (Register 80, No. 25). For prior history, see Register 77, No. 47.
Subchapter 1. Open Enrollment Act
Article 1. General Provisions
Note • History
These regulations set forth requirements for the administration of the Open Enrollment Act.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 48352, 48354, 48355, 48356 and 48357, Education Code.
HISTORY
1. Amendment of chapter heading and new subchapter 1, article 1 (sections 4700-4702) and section filed 8-2-2010 as an emergency; operative 8-2-2010 (Register 2010, No. 32). A Certificate of Compliance must be transmitted to OAL by 1-31-2011 or emergency language will be repealed by operation of law on the following day. For prior history of chapter 5.2, see Register 80, No. 25.
2. Certificate of Compliance as to 8-2-2010 order, including amendment of Note, transmitted to OAL 10-26-2010 and filed 12-2-2010; operative 1-1-2011 (Register 2010, No. 49).
§4701. Identification of Open Enrollment Schools.
Note • History
(a) The State Superintendent of Public Instruction (SSPI) shall annually construct a list of 1,000 schools for the Open Enrollment Act that maintains the same ratio of elementary, middle, and high schools as existed in decile 1 of the 2009 Base Academic Performance Index (API) file and retains only “10 percent” of a local educational agency's (LEA's) schools pursuant to the following methodology:
(1) the list of 1,000 schools shall include 687 elementary schools, 165 middle schools, and 148 high schools;
(2) the list of 1,000 schools shall exclude the following:
(A) schools that are court, community, or community day schools;
(B) schools that are charter schools;
(C) schools that are closed; and
(D) schools that have fewer than 100 valid test scores.
(E) schools that are not schools of a district of residence as defined in Education Code section 48352(d), and that enroll students who would otherwise be required to enroll in a school of a district pursuant to Education Code section 48200.
(3) an LEA shall have on the list no more than 10 percent of its total number of schools that are not closed. However, when that total number of schools is not evenly divisible by 10, the 10 percent number of the LEA's schools shall be rounded up to the next whole number; and
(4) to produce the final list of 1,000 schools, the SSPI shall apply the following process:
(A) create a pool of schools by selecting all schools from the most current year's growth API file;
(B) create an initial pool of eligible schools by excluding from the pool set forth in subdivision (a)(4)(A) all schools identified in subdivision (a)(2);
(C) from the pool of eligible schools set forth in subdivision (a)(4)(B), select the list of 1,000 schools with the lowest API scores while maintaining the number of the elementary schools, middle schools, and high schools respectively, as set forth in subdivision (a)(1);
(D) from the list of 1,000 schools identified in subdivision (a)(4)(C), retain only the schools with the lowest API scores from each LEA irrespective of whether it is an elementary school, middle school, or high school until the LEA reaches the 10 percent cap pursuant to subdivision (a)(3);
(E) from the schools remaining in the eligible pool after the list of 1,000 schools as set forth in subdivision (a)(4)(C) was removed, retain only the schools that are part of LEAs that have not yet reached their 10 percent cap pursuant to subdivision (a)(3);
(F) create the next pool of eligible schools by combining the schools retained in subdivision (a)(4)(D) with the schools retained in subdivision (a)(4)(E); and
(G) repeat the procedures outlined in subdivisions (a)(4)(C) through (a)(4)(F) until such time as the number of schools as set forth in subdivision (a)(4)(D) is 1,000 schools with no LEA exceeding the 10 percent cap.
(5) The final list of 1,000 Open Enrollment schools is achieved when the list contains 1,000 schools that meet the requirements for both the decile 1 ratio and the LEA “10 percent” cap.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 48352 and 52052, Education Code.
HISTORY
1. New section filed 8-2-2010 as an emergency; operative 8-2-2010 (Register 2010, No. 32). A Certificate of Compliance must be transmitted to OAL by 1-31-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-2-2010 order, including amendment of section and Note, transmitted to OAL 10-26-2010 and filed 12-2-2010; operative 1-1-2011 (Register 2010, No. 49).
§4702. Application for Transfer Pursuant to the Open Enrollment Act.
Note • History
(a) The district of residence shall notify the parent(s) or guardian(s) of each pupil enrolled in a school included on the most recent Open Enrollment List of the option to transfer. This notice shall be provided on the first day of instruction; if the district has not been notified of whether its school(s) is on the list, the notification shall be provided no later than 14 calendar days after the Open Enrollment List is posted on the CDE's Web site at http://www.cde.ca.gov/.
(b) A pupil who transfers to a school pursuant to the Open Enrollment Act and is currently enrolled in that school shall not be required to reapply for enrollment in that school, regardless of whether the pupil's school of residence remains on the list of 1,000 Open Enrollment schools.
(c) A district of enrollment may allow a pupil who has transferred to and is currently enrolled in a school in the district pursuant to the Open Enrollment Act to matriculate to a middle or high school in the district without having to reapply, regardless of whether the school into which the pupil would normally matriculate in the pupil's district of residence is on the list of 1,000 Open Enrollment schools.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 48354 and 48355, Education Code.
HISTORY
1. New section filed 8-2-2010 as an emergency; operative 8-2-2010 (Register 2010, No. 32). A Certificate of Compliance must be transmitted to OAL by 1-31-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-2-2010 order, including amendment of section and Note, transmitted to OAL 10-26-2010 and filed 12-2-2010; operative 1-1-2011 (Register 2010, No. 49).
§4703. Approval and Rejection of Applications.
Note • History
(a) If an application is approved, the school district of enrollment shall state in the notification the particular school site and that school's address to which the pupil has been admitted.
(b) If the parent(s) or guardian(s) of a pupil chooses to enroll the pupil in a school to which the pupil has been admitted pursuant to this chapter, the pupil shall be enrolled in the school identified in subdivision (a) on or before the first day of instruction, or not later than 14 calendar days from the date of the notification pursuant to subdivision (a), whichever is later. If the parent(s) or guardian(s) of the pupil fails to enroll the pupil within this timeframe, the district is not required to enroll the pupil in the school.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 48353, 48354 and 48357, Education Code.
HISTORY
1. New section filed 12-2-2010; operative 1-1-2011 (Register 2010, No. 49).
Chapter 5.2.5. Parent Empowerment
Subchapter 1. Parent Empowerment
Article 1. General Provisions
Note • History
The Parent Empowerment regulations shall remain valid in the event of changes to federal law referenced within the legislative language of Chapters 2 and 3 of the 5th Extraordinary Session Statutes of 2010, to the extent allowable under the law.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 53202 and 53300, Education Code; and 20 U.S.C. Section 6316.
HISTORY
1. New chapter 5.2.5, subchapter 1, article 1 (sections 4800-4807) and section filed 9-13-2010 as an emergency; operative 9-13-2010 (Register 2010, No. 38). A Certificate of Compliance must be transmitted to OAL by 3-14-2011 or emergency language will be repealed by operation of law on the following day.
2. New chapter 5.2.5, subchapter 1, article 1 (sections 4800-4807) and section refiled 3-15-2011 as an emergency; operative 3-15-2011 (Register 2011, No. 11). A Certificate of Compliance must be transmitted to OAL by 6-13-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealer of chapter 5.2.5, subchapter 1, article 1 (sections 4800-4807) and section by operation of Government Code section 11346.1(g) (Register 2011, No. 43).
4. New chapter 5.2.5, subchapter 1, article 1 (sections 4800-4808) and section filed 10-27-2011; operative 11-26-2011 (Register 2011, No. 43).
Note • History
(a) “Elementary school” means a school, regardless of the number of grade levels, whose graduates matriculate into either a subject elementary, middle or high school.
(b) “Eligible signature” means a signature of a parent or legal guardian of a pupil that can be counted toward meeting the requirement that at least one-half of the parents or legal guardians of pupils have signed the petition as set forth in Education Code section 53300.
(c) “Final disposition” means the action taken by the local educational agency (LEA) to implement the requested intervention option presented by a petition or implement one of the other intervention options as set forth in Education Code section 53300.
(d) “High school” means four-year high schools, senior high schools, continuation high schools, and evening schools.
(e) “Intervention” or “requested intervention” means:
(1) one of the four interventions (turnaround model, restart model, school closure, and transformation model) identified pursuant to paragraphs (1) to (4), inclusive, of subdivision (a) of Education Code section 53202 and as further described in Appendix C of the Notice of Final Priorities, Requirements, Definitions, Section Criteria for the Race to the Top program published in Volume 74 of Number 221 of the Federal Register on November 18, 2009; or
(2) the alternative governance arrangement pursuant to Title 20 U.S.C. Section 6316(b)(8)(B)(v).
(f) “Middle school” means a school, regardless of the number of grade levels, whose graduates matriculate into a subject high school. Middle school also means a junior high school whose graduates matriculate into a subject senior high school.
(g) “Normally matriculate” means the typical pattern of attendance progression from an elementary school to a subject elementary school, from an elementary school to a subject middle or high school or from a middle school to a subject high school, as determined by the Local Educational Agency (LEA) pursuant to established attendance boundaries, published policies, or practices in place on the date the petition is submitted.
(h) “Parents or legal guardians of pupils” means the natural or adoptive parents, legal guardians, or other persons holding the right to make educational decisions for the pupil pursuant to Welfare and Institutions Code section 361 or 727 or Education Code sections 56028 or 56055, including foster parents who hold rights to make educational decisions, on the date the petition is submitted.
(i) “Petition” means a petition requesting an LEA to implement one of the interventions defined in subdivision (e).
(j) “Pupils attending the subject school or elementary or middle schools that normally matriculate into a subject middle or high school” means a pupil enrolled in the school on the date the petition is submitted to the LEA.
(k) “Subject school” means a school identified by the Superintendent of Public Instruction, following the release of the annual adequate yearly progress report, as a school that:
(1) Is not one of the persistently lowest-achieving schools identified by State Superintendent of Public Instruction (SSPI) and the State Board of Education (SBE);
(2) Has been in corrective action pursuant to paragraph (7) of Section 1116(b) of the federal Elementary and Secondary Education Act for at least one full academic year;
(3) Has failed to make adequate yearly progress (AYP); and
(4) Has an Academic Performance Index (API) score of less than 800.
(5) Has not exited Program Improvement.
(l) “Cannot implement the specific recommended option” means that an LEA is unable to implement the intervention requested in the petition and has provided in writing, during a regularly scheduled public meeting, the considerations and reasons for reaching such a finding.
(m) “Matriculating School” means all elementary or middle schools that normally matriculate into a subject elementary, middle, or high school.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 53201, 53202, 53300, 53303, 56028 and 56055, Education Code; and 20 U.S.C. Section 6316.
HISTORY
1. New section filed 10-27-2011; operative 11-26-2011 (Register 2011, No. 43).
§4800.3. Requirement to Serve All Pupils.
Note • History
Every pupil that attended a subject school prior to the implementation of an intervention shall continue to be enrolled in the school during and after an intervention is implemented pursuant to Education Code section 53300, unless the parent or legal guardian of the pupil chooses to enroll the pupil in another school or the school is closed. In addition, any pupil who resides in the attendance area of the subject school during or after the implementation of an intervention has a right to attend the school, subject to any laws or rules pertaining to enrollment.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 53300, Education Code.
HISTORY
1. New section filed 10-27-2011; operative 11-26-2011 (Register 2011, No. 43).
Note • History
(a) The CDE shall create a website for parents and guardians to obtain further information on circulating a parent empowerment petition.
(b) An LEA may create a website that lists the schools in the LEA subject to the provisions of the Parent Empowerment regulations, including enrollment data and attendance boundaries for each school. The web site may also inform parents and legal guardians of pupils how they may:
(1) Sign a petition requesting the school district to implement one or more interventions to improve the school, and
(2) Contact community-based organizations or work with individual school administrators and parent and community leaders to understand the school intervention options and provide input about the best options for the school.
(c) Consistent with the requirements of Section 1116(b)(1)(E) of the federal Elementary and Secondary Education Act of 2001 (20 U.S.C. Section 6301 et seq.), on the date the notice of restructuring planning or restructuring status, Program Improvement Year 4 or later, is given pursuant to federal law, the LEA shall provide the parents and guardians of all pupils enrolled in a school in restructuring planning or restructuring status with notice that the school may be eligible for a parent empowerment petition to request a specific intervention pursuant to Education Code section 53300 and shall list the CDE website address created pursuant to section 4800.5(a). This notice, and any other written communication from the school or the LEA to parents or legal guardians of pupils, must meet the language requirements of Education Code section 48985.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 48985 and 53300, Education Code; and 20 U.S.C. Section 6301.
HISTORY
1. New section filed 10-27-2011; operative 11-26-2011 (Register 2011, No. 43).
Note • History
(a) A petition shall contain signatures of parents or legal guardians of pupils attending the subject school, or may contain a combination of signatures of parents and legal guardians of pupils attending the subject school and signatures of parents or legal guardians of pupils attending the matriculating schools. A petition may not consist solely of signatures of parents or legal guardians of pupils attending the matriculating schools.
(b) Only one parent or legal guardian per pupil may sign a petition.
(c) The petition must have boxes that are consecutively numbered commencing with number 1, with sufficient space for the signature of each petition signer as well as his or her printed name, date, pupil's name, the pupil's date of birth, the name of the school the pupil is currently attending, and the pupil's current grade.
(d) The boxes described in subdivision (c) may also have space for the signer's address, city or unincorporated community name, and zip code, or request other information, and, if so, the petition shall make clear that providing such information is voluntary and cannot be made a condition of signing the petition.
(e) A petition may be signed by a parent or a legal guardian once for each of his or her pupils attending the subject school or, if the petition contains a combination of signatures of parents or legal guardians of pupils attending the subject school and the elementary or middle schools that normally matriculate into a subject middle or high school, once for each of his or her pupils attending the subject school and the elementary or middle schools that normally matriculate into the subject middle or high school. Separate petition boxes must be completed by the parent or legal guardian for each of his or her pupils.
(f) A petition may be circulated and presented in sections, so long as each section complies with the requirements set forth in this section and section 4802 regarding the content of the petition.
(g) Signature gatherers may not offer gifts, rewards, or tangible incentives to parents or legal guardians to sign a petition. Nor shall signature gatherers make any threats of coercive action, false statements or false promises of benefits to parents or legal guardians in order to persuade them to sign a petition, except that signature gatherers, school site staff or other members of the public may discuss education related improvements hoped to be realized by implementing any intervention described in these regulations. Signature gatherers, students, school site staff, LEA staff, members of the community, and parents and legal guardians of eligible pupils shall be free from harassment, threats, and intimidation related to circulation of or signing a petition, and from being discouraged to sign or being encouraged to revoke their signature on a petition. Signature gatherers shall disclose if they are being paid and shall not be paid per signature.
(h) All parties involved in the signature gathering process shall adhere to all school site hours of operation, school and LEA safety policies, and visitor sign in procedures.
(i) School or district resources shall not be used to impede the signature gathering process pursuant to this section.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 53300, Education Code.
HISTORY
1. New section filed 9-13-2010 as an emergency; operative 9-13-2010 (Register 2010, No. 38). A Certificate of Compliance must be transmitted to OAL by 3-14-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-15-2011 as an emergency; operative 3-15-2011 (Register 2011, No. 11). A Certificate of Compliance must be transmitted to OAL by 6-13-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 43).
4. New section filed 10-27-2011; operative 11-26-2011 (Register 2011, No. 43).
§4802. Content of the Petition.
Note • History
(a) The petition and each section of the petition shall contain the following elements:
(1) A heading which states that it is a Petition of Parents, Legal Guardians, and Persons Holding the Right to Make Educational Decisions for Pupils, including Foster Parents who hold rights to make educational decisions, to request an Intervention be implemented at the specified subject school and to be submitted to a specified LEA;
(2) A statement that the petition seeks the signatures of the parents or legal guardians of the pupils attending the subject school or, in the alternative, the signatures of the parents or legal guardians of the pupils attending the subject school and the signatures of the parents or legal guardians of the pupils attending elementary or middle schools who would normally matriculate into the subject school;
(3) The name and public contact information of the person to be contacted by either persons interested in the petition or by the LEA;
(4) Identification of the requested intervention;
(5) A description of the requested intervention using the language set forth in either sections 4803, 4804, 4805, 4806, or 4807, without omission to ensure full disclosure of the impact of the intervention;
(6) The name of the subject school;
(7) Boxes as designated in section 4801(c) and (d);
(8) An affirmation that the signing parent or legal guardian is requesting the LEA to implement the identified intervention at the subject school; and
(9) If requesting that an LEA implement the restart model intervention identified pursuant to Education Code section 53202(a)(2), and that the subject school be reopened under a specific charter school operator, charter management organization, or education management organization, a clear statement containing that information on the front of the petition, including contact information of the charter school operator, charter management organization or education management organization.
(10) The names of any agencies or organizations that are supporting the petition, either through direct financial assistance or in-kind contributions of staff and volunteer support, must be prominently displayed on the front page of the petition.
(b) The CDE shall develop a sample petition that can be used by interested petitioners. The sample petition shall be available on the CDE website for interested petitioners to use. The CDE shall make the sample petition available in other languages pursuant to Education Code section 48985. Petitioners shall not be required to use the sample petition; however, alternate petitions must contain all required components pursuant to statutory and regulatory requirements.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 48985, 53202 and 53300, Education Code.
HISTORY
1. New section filed 9-13-2010 as an emergency; operative 9-13-2010 (Register 2010, No. 38). A Certificate of Compliance must be transmitted to OAL by 3-14-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-15-2011 as an emergency; operative 3-15-2011 (Register 2011, No. 11). A Certificate of Compliance must be transmitted to OAL by 6-13-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 43).
4. New section filed 10-27-2011; operative 11-26-2011 (Register 2011, No. 43).
§4802.05. Submission of Petition.
Note • History
(a) Petitioners may not submit a petition until they reach or exceed the 50 percent threshold based on accurate and current enrollment data provided by the LEA. The date of submission of the petition shall be the start date for implementation of all statutory and regulatory requirements.
(b) An exception shall be made for a one-time resubmission opportunity to correct a petition based on errors identified by the LEA, verify signatures after a good faith effort is made by the LEA to do so first, or submit additional signatures. The start date for a resubmitted petition shall be the date it is resubmitted. No rolling petitions shall be accepted by the LEA.
(c) At the time of submission the petitioners shall submit a separate document that identifies at least one but no more than five lead petitioners with their contact information.
(d) The role of lead petitioners is to assist and facilitate communication between the parents who have signed the petition and the LEA. The lead petitioner contacts shall not be authorized to make decisions for the petitioners or negotiate on behalf of the parents.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 53300, Education Code.
HISTORY
1. New section filed 10-27-2011; operative 11-26-2011 (Register 2011, No. 43).
§4802.1. Verification of Petition Signatures and Obligations of the LEA.
Note • History
(a) An LEA must provide, in writing, to any persons who request it, information as to how the LEA intends to implement section 4800.1(g) as to any subject school and any normally matriculating elementary or middle schools, including providing enrollment data and the number of signatures that would be required pursuant to section 4802.1(e).
(b) Upon receipt of the petition, the LEA may make reasonable efforts to verify that the signatures on the petition can be counted consistent with these regulations. The LEA and matriculating LEAs shall use common verification documents that contain parent or guardian signatures to verify petition signatures such as emergency verification cards signed by all parents or guardians. In order to verify the enrollment of a pupil in a school that normally matriculates into the subject school, but is not within the jurisdiction of the LEA, an LEA may contact the school or the LEA of the school. The matriculating LEA or school shall provide information necessary to the subject school and LEA in order to assist in verifying signatures. An LEA shall not invalidate the signature of a parent or legal guardian of an eligible pupil on a minor technicality assuming the parent or legal guardian is entitled to sign it. The LEA and the matriculating LEA or school shall make a good faith effort to contact parents or guardians when a signature is not clearly identifiable including phone calls to the parent or guardian.
(c) If, on the date the petition is submitted, a school is identified pursuant to section 4800.1(k), it shall remain a subject school until final disposition of the petition by the LEA even if it thereafter ceases to meet the definition of a subject school, unless that school has exited federal Program Improvement and is at or over 800 on the Academic Performance Index.
(d) If a petition has sought only signatures of parents of pupils attending the subject school, then for purposes of calculating whether parents or legal guardians of at least one-half of pupils attending the subject school on the date the petition has been submitted have signed the petition, only those signatures of parents or legal guardians of pupils attending the subject school on the date the petition is submitted to the LEA shall be counted.
(e) If a petition has sought signatures of parents or legal guardians of pupils attending the subject school and the elementary or middle schools that normally matriculate into the subject school, then for purposes of calculating whether the parents or legal guardians of at least one-half of pupils attending the subject school and the elementary or middle schools that normally matriculate into the subject school on the date the petition has been submitted have signed the petition, only those signatures of parents or legal guardians of pupils attending the subject school and the parents or legal guardians of pupils attending the elementary or middle schools who would normally matriculate into the subject school at the time the petition is submitted to the LEA shall be counted. Where pupils attend elementary or middle schools that normally matriculate into more than one subject school, only those pupils attending the subject school and those pupils that normally matriculate, as defined in section 4800.1(g), into the subject school, shall be counted in calculating whether the parents or legal guardians of at least one-half of pupils attending the subject school and the elementary or middle schools that normally matriculate into the subject school on the date the petition has been submitted have signed the petition. There is no specified ratio required of signatures gathered at each school, rather the total ratio of signatures gathered must meet the one-half requirement.
(f) In connection with the petition, the LEA may only contact parents or legal guardians to verify eligible signatures on the petition. The identified lead petitioners for the petition shall be consulted to assist in contacting parents or legal guardians when the LEA fails to reach a parent or legal guardian.
(g) Upon receipt, the LEA may, within 40 calendar days, return the petition to the person designated as the contact person or persons as specified in section 4802(c), if the LEA determines any of the following:
(1) One half of the parents or legal guardians of pupils meeting the requirements of section 4801(a) have not signed the petition;
(2) The school named in the petition is not a subject school; or
(3) The petition does not substantially meet the requirements specified in section 4802. In such a case, the LEA shall immediately provide the contact person written notice of its reasons for returning the petition and its supporting findings.
(h) If the LEA finds that sufficient signatures cannot be verified by the LEA it shall immediately notify the lead petitioner contacts and provide the lead petitioner the names of those parents and legal guardians it cannot verify. The lead petitioner contacts shall be provided 60 calendar days to assist the LEA to verify the signatures. A number of methods may be used, including, but not limited to, an official notarization process or having the parent or guardian appear at the school or district office.
(i) If the LEA finds a discrepancy or problem with a submitted petition it shall notify the lead petition contacts in writing and request assistance and clarification prior to the final disposition of the petition. The LEA shall identify which signatures need verification, any errors found in the petition, or any need for further clarification regarding the petition.
(j) If the petition is returned pursuant to section 4802.1(g)(1), the same petition may be resubmitted to the LEA with verified signatures as long as no substantive changes are made to the petition. The petitioners shall be provided one resubmission opportunity which must be completed within a window of 60 calendar days after the return of the petition pursuant to section 4802.1. This is the same window for verification of signatures and any corrections or additional signatures submitted pursuant to section 4802.1(h). The LEA shall have 25 calendar days to verify the resubmitted signatures, additional signatures or corrections to the petition. The resubmitted petition may not contain substantive changes or amendments. If substantive changes are made to the petition, it must be recirculated for signatures before it may be submitted to the LEA and it shall be deemed a new petition.
(k) If the LEA does not return the petition the LEA shall have 45 calendar days from the date the petition is received to reach a final disposition. The date may be extended by an additional 25 calendar days if the LEA and the person listed in section 4802(c) agree to the extension in writing.
(l) The LEA shall notify the SSPI and the SBE in writing within fifteen calendar days of its receipt of a petition and within five calendar days of the final disposition of the petition. The notice of final disposition shall state that the LEA will implement the recommended option or include the written finding stating the reason it cannot implement the specific recommended option and designating which of the other options it will implement and stating that the alternative option selected has substantial promise of enabling the school to make adequate yearly progress.
(m) If the number of schools identified in a petition and subject to an intervention by a final disposition will exceed the maximum of 75 schools pursuant to Education Code section 53302, and the SSPI and the SBE receive two or more notifications of final dispositions that agree to implement an intervention on the same day, the petition will be chosen by random selection.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 53202, 53300, 53301 and 53302, Education Code.
HISTORY
1. New section filed 10-27-2011; operative 11-26-2011 (Register 2011, No. 43).
§4802.2. Restart Requirements for Parent Empowerment Petitions.
Note • History
(a) Except where specifically designated in this section, a charter school proposal submitted through a parent empowerment petition shall be subject to all the provisions of law that apply to other charter schools.
(b) Parents or legal guardians of pupils will only need to sign the parent empowerment petition to indicate their support for and willingness to enroll their children in the requested charter school. A separate petition for the establishment of a charter school will not need to be signed. The signatures to establish a charter school pursuant to Education Code sections 47605(a)(1) through (3) and 47605(b)(3) will not be required if the petition that requests that the subject school be reopened under a charter operator, charter management organization or education management organization otherwise meets all the requirements of Education Code section 53300.
(c) A petition that requests that the subject school be reopened under a specific charter school operator, charter management organization or education management organization may be circulated for signature with the proposed charter for the school. Upon receipt of the petition that requests a restart model as the intervention and includes a proposed charter, the LEA must follow the provisions of section 4802.1 and implement the option requested by the parents, unless, in a regularly scheduled public hearing, the LEA makes a finding in writing stating the reason it cannot implement the specific recommended option and instead designates in writing which of the other options described in Education Code section 53300 it will implement. If a petition requests that the subject school be operated under a specific charter school operator, charter management organization or education management organization, and the LEA does not reject the petition pursuant to Section 4802.1(g), then the rigorous review process required by Education Code section 53300 and section 4804 shall be the review process and timelines set forth in Education Code section 47605(b), excepting 47605(b)(3).
(d) If a parent empowerment petition does not include the proposed charter but requests that the subject school be operated under a charter school operator, charter management organization or education management organization, and the LEA does not reject the petition pursuant to section 4802.1(g), then the LEA shall promptly notify the petitioners that it has adopted the restart model and give the petitioners the option to solicit charter proposals from charter school operators, charter management organizations and education management organizations and select a specific charter school operator or decline to do so.
(1) If the petitioners opt to solicit charter proposals and select a specific charter school operator, they must submit the proposed charter school operator to the LEA within 90 calendar days. Upon submittal of the charter proposal, the LEA shall conduct the rigorous review process required by Education Code section 53300 and section 4804, which shall be the review process and timelines set forth in Education Code section 47605(b) excepting 47605(b)(3).
(2) If the petitioners inform the LEA that they have declined the option to solicit charter proposals and select a charter school operator, the LEA shall, within 20 calendar days, solicit charter proposals from charter school operators, charter management organizations and education management organizations. Thereafter, the LEA shall select a charter school operator, charter management organization or education management organization, through the rigorous review process required by Education Code section 53300 and section 4804. The rigorous review process shall be the review process and timelines set forth in Education Code section 47605(b), excepting 47605(b)(3), and shall begin at the end of a solicitation period not to exceed 90 calendar days.
(e) If the parents petition for a restart option to operate the school under an educational management organization that is not a charter school, the LEA shall work in good faith to implement a contract with a provider selected by the parents. In the absence of parent selection of a specific provider, the LEA shall immediately solicit proposals from educational management organizations, and shall select an education management organization, through the rigorous review process required by Education Code section 53300 and section 4804 unless the LEA is unable to implement the option requested by the parents and shall implement one of the other options specified in Education Code section 53300.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 47605 and 53300, Education Code.
HISTORY
1. New section filed 10-27-2011; operative 11-26-2011 (Register 2011, No. 43).
§4803. Description of Intervention -- Turnaround Model.
Note • History
(a) A turnaround model is one in which an LEA must:
(1) Replace the principal and grant the principal sufficient operational flexibility (including in staffing, calendars/time, and budgeting) to implement fully a comprehensive approach in order to substantially improve student achievement outcomes and increase high school graduation rates;
(2) Using locally adopted competencies to measure the effectiveness of staff who can work within the turnaround environment to meet the needs of students:
(A) Screen all existing staff and rehire no more than 50 percent; and
(B) Select new staff;
(3) Implement such strategies as financial incentives, increased opportunities for promotion and career growth, and more flexible work conditions that are designed to recruit, place, and retain staff with the skills necessary to meet the needs of the students in the turnaround school;
(4) Provide staff with ongoing, high-quality, job-embedded professional development that is aligned with the school's comprehensive instructional program and designed with school staff to ensure that they are equipped to facilitate effective teaching and learning and have the capacity to successfully implement school reform strategies;
(5) Adopt a new governance structure, which may include, but is not limited to, requiring the school to report to a new “turnaround office” in the LEA, hire a “turnaround leader” who reports directly to the Superintendent or Chief Academic Officer, or enter into a multi-year contract with the LEA or State Educational Agency (SEA) to obtain added flexibility in exchange for greater accountability;
(6) Use data to identify and implement an instructional program that is research-based and “vertically aligned” from one grade to the next as well as aligned with State academic standards;
(7) Promote the continuous use of student data (such as from formative, interim, and summative assessments) to inform and differentiate instruction in order to meet the academic needs of individual students;
(8) Establish schedules and implement strategies that provide increased learning time (as defined in the United States Department of Education notice published in the Federal Register at 74 Federal Register 59805 (Nov.18, 2009); and
(9) Provide appropriate social-emotional and community-oriented services and supports for students.
(b) A turnaround model may also implement other strategies such as:
(1) Any of the required and permissible activities under the transformation model; or
(2) A new school model (e.g., themed, dual language academy).
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 53202 and 53300, Education Code; and 20 U.S.C. Section 6301.
HISTORY
1. New section filed 9-13-2010 as an emergency; operative 9-13-2010 (Register 2010, No. 38). A Certificate of Compliance must be transmitted to OAL by 3-14-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-15-2011 as an emergency; operative 3-15-2011 (Register 2011, No. 11). A Certificate of Compliance must be transmitted to OAL by 6-13-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 43).
4. New section filed 10-27-2011; operative 11-26-2011 (Register 2011, No. 43).
§4804. Description of Intervention -- Restart Model.
Note • History
A restart model is one in which an LEA converts a school or closes and reopens a school under a charter school operator, a charter management organization (CMO), or an education management organization (EMO) that has been selected through a rigorous review process. (A CMO is a non-profit organization that operates or manages charter schools by centralizing or sharing certain functions and resources among schools. An EMO is a for-profit or non-profit organization that provides “whole-school operation” services to an LEA.) A restart model must enroll, within the grades it serves, any former student who wishes to attend the school.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 53202 and 53300, Education Code; and 20 U.S.C. Section 6301.
HISTORY
1. New section filed 9-13-2010 as an emergency; operative 9-13-2010 (Register 2010, No. 38). A Certificate of Compliance must be transmitted to OAL by 3-14-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-15-2011 as an emergency; operative 3-15-2011 (Register 2011, No. 11). A Certificate of Compliance must be transmitted to OAL by 6-13-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 43).
4. New section filed 10-27-2011; operative 11-26-2011 (Register 2011, No. 43).
§4805. Description of Intervention -- School Closure.
Note • History
School closure occurs when an LEA closes a school and enrolls the students who attended that school in other schools in the LEA that are higher achieving. These other schools should be within reasonable proximity to the closed school and may include, but are not limited to, charter schools or new schools for which achievement data are not yet available.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 53202 and 53300, Education Code; and 20 U.S.C. Section 6301.
HISTORY
1. New section filed 9-13-2010 as an emergency; operative 9-13-2010 (Register 2010, No. 38). A Certificate of Compliance must be transmitted to OAL by 3-14-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-15-2011 as an emergency; operative 3-15-2011 (Register 2011, No. 11). A Certificate of Compliance must be transmitted to OAL by 6-13-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 43).
4. New section filed 10-27-2011; operative 11-26-2011 (Register 2011, No. 43).
§4806. Description of Intervention -- Transformation Model.
Note • History
A transformation model is one in which an LEA implements each of the following strategies:
(a) Developing and increasing teacher and school leader effectiveness.
(1) Required activities. The LEA must:
(A) Replace the principal who led the school prior to commencement of the transformation model;
(B) Use rigorous, transparent, and equitable evaluation systems for teachers and principals that:
1. Take into account data on student growth (as defined in the United States Department of Education notice published in the Federal Register at 74 Federal Register 59806 (Nov. 18, 2009)) as a significant factor as well as other factors such as multiple observation-based assessments of performance and ongoing collections of professional practice reflective of student achievement and increased high-school graduations rates; and
2. Are designed and developed with teacher and principal involvement.
(C) Identify and reward school leaders, teachers, and other staff who, in implementing this model, have increased student achievement and high school graduation rates and identify and remove those who, after ample opportunities have been provided for them to improve their professional practice, have not done so;
(D) Provide staff with ongoing, high-quality, job-embedded professional development (e.g., regarding subject-specific pedagogy, instruction that reflects a deeper understanding of the community served by the school, or differentiated instruction) that is aligned with the school's comprehensive instructional program and designed with school staff to ensure they are equipped to facilitate effective teaching and learning and have the capacity to successfully implement school reform strategies; and
(E) Implement such strategies as financial incentives, increased opportunities for promotion and career growth, and more flexible work conditions that are designed to recruit, place, and retain staff with the skills necessary to meet the needs of the students in a transformation school.
(2) Permissible activities. An LEA may also implement other strategies to develop teachers' and school leaders' effectiveness, such as:
(A) Providing additional compensation to attract and retain staff with the skills necessary to meet the needs of the students in a transformation school;
(B) Instituting a system for measuring changes in instructional practices resulting from professional development; or
(C) Ensuring that the school is not required to accept a teacher without the mutual consent of the teacher and principal, regardless of the teacher's seniority.
(b) Comprehensive instructional reform strategies.
(1) Required activities. The LEA must:
(A) Use data to identify and implement an instructional program that is research-based and “vertically aligned” from one grade to the next as well as aligned with State academic standards; and
(B) Promote the continuous use of student data (such as from formative, interim, and summative assessments) to inform and differentiate instruction in order to meet the academic needs of individual students.
(2) Permissible activities. An LEA may also implement comprehensive instructional reform strategies, such as:
(A) Conducting periodic reviews to ensure that the curriculum is being implemented with fidelity, is having the intended impact on student achievement, and is modified if ineffective;
(B) Implementing a school wide “response-to-intervention” model;
(C) Providing additional supports and professional development to teachers and principals in order to implement effective strategies to support students with disabilities in the least restrictive environment and to ensure that limited-English-proficient students acquire language skills to master academic content;
(D) Using and integrating technology-based supports and interventions as part of the instructional program; and
(E) In secondary schools:
1. Increasing rigor by offering opportunities for students to enroll in advanced coursework (such as Advanced Placement or International Baccalaureate; or science, technology, engineering, and mathematics courses, especially those that incorporate rigorous and relevant project-, inquiry-, or design-based contextual learning opportunities), early-college high schools, dual enrollment programs, or thematic learning academies that prepare students for college and careers, including by providing appropriate supports designed to ensure that low-achieving students can take advantage of these programs and coursework;
2. Improving student transition from middle to high school through summer transition programs or freshman academies;
3. Increasing graduation rates through, for example, credit-recovery programs, re-engagement strategies, smaller learning communities, competency-based instruction and performance-based assessments, and acceleration of basic reading and mathematics skills; or
4. Establishing early-warning systems to identify students who may be at risk of failing to achieve to high standards or graduate.
(c) Increasing learning time and creating community-oriented schools.
(1) Required activities. The LEA must:
(A) Establish schedules and implement strategies that provide increased learning time (as defined in 74 Federal Register 59805 (Nov. 18, 2009)); and
(B) Provide ongoing mechanisms for family and community engagement.
(2) Permissible activities. An LEA may also implement other strategies that extend learning time and create community-oriented schools, such as:
(A) Partnering with parents and parent organizations, faith- and community-based organizations, health clinics, other State or local agencies, and others to create safe school environments that meet students' social, emotional, and health needs;
(B) Extending or restructuring the school day so as to add time for such strategies as advisory periods that build relationships between students, faculty, and other school staff;
(C) Implementing approaches to improve school climate and discipline, such as implementing a system of positive behavioral supports or taking steps to eliminate bullying and student harassment; or
(D) Expanding the school program to offer full-day kindergarten or pre-kindergarten.
(d) Providing operational flexibility and sustained support.
(1) Required activities. The LEA must:
(A) Give the school sufficient operational flexibility (such as staffing, calendars/time, and budgeting) to implement fully a comprehensive approach to substantially improve student achievement outcomes and increase high school graduation rates; and
(B) Ensure that the school receives ongoing, intensive technical assistance and related support from the LEA, the State Educational Agency (SEA), or a designated external lead partner organization (such as a school turnaround organization or an EMO).
(2) Permissible activities. The LEA may also implement other strategies for providing operational flexibility and intensive support, such as:
(A) Allowing the school to be run under a new governance arrangement, such as a turnaround division within the LEA or SEA; or
(B) Implementing a per-pupil school-based budget formula that is weighted based on student needs.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 53202 and 53300, Education Code; and 20 U.S.C. Section 6301.
HISTORY
1. New section filed 9-13-2010 as an emergency; operative 9-13-2010 (Register 2010, No. 38). A Certificate of Compliance must be transmitted to OAL by 3-14-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-15-2011 as an emergency; operative 3-15-2011 (Register 2011, No. 11). A Certificate of Compliance must be transmitted to OAL by 6-13-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 43).
4. New section filed 10-27-2011; operative 11-26-2011 (Register 2011, No. 43).
§4807. Description of Intervention -- Alternative Governance Arrangement.
Note • History
Alternative governance is one in which an LEA institutes any other major restructuring of the school's governance arrangement that makes fundamental reforms, such as significant changes in the school's staffing and governance, to improve student academic achievement in the school and that has substantial promise of enabling the school to make adequate yearly progress as defined in the State plan under Section 6311(b)(2) of the federal Elementary and Secondary Education Act.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 53202 and 53300, Education Code; and 20 U.S.C. Sections 6301 and 6316.
HISTORY
1. New section filed 9-13-2010 as an emergency; operative 9-13-2010 (Register 2010, No. 38). A Certificate of Compliance must be transmitted to OAL by 3-14-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-15-2011 as an emergency; operative 3-15-2011 (Register 2011, No. 11). A Certificate of Compliance must be transmitted to OAL by 6-13-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 43).
4. New section filed 10-27-2011; operative 11-26-2011 (Register 2011, No. 43).
§4808. Prospective Effect of Regulations.
Note • History
The regulations in Article 1 are to apply prospectively. Any actions taken in reasonable reliance upon emergency regulations operative September 13, 2010 through June 13, 2011, are to be deemed in compliance with these regulations operative November 26, 2011.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 53300, Education Code.
HISTORY
1. New section filed 10-27-2011; operative 11-26-2011 (Register 2011, No. 43).
Chapter 5.3. Nondiscrimination and Educational Equity
Subchapter 1. Nondiscrimination in Elementary and Secondary Educational Programs Receiving State or Federal Financial Assistance
Article 1. General Provisions
Note • History
(a) The purpose of this Chapter is to ensure compliance with federal and state nondiscrimination laws in any program or activity conducted by an educational institution. Therefore, no person in the State of California shall be subjected to discrimination, or any other form of illegal bias, including harassment. No person shall be excluded from participation in or denied the benefits of any local agency's program or activity on the basis of sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability in any program or activity conducted by an “educational institution” or any other “local agency,” defined in Article 2 (commencing with Section 4910) of this Chapter, which is funded directly by, or that receives or benefits from any state financial assistance.
(b) All educational programs and activities under the jurisdiction of the State Board of Education receiving or benefiting from state or federal financial assistance shall be available to all qualified persons without regard to sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability.
(c) It is the intent of the State Board of Education that the Superintendent of Public Instruction assist school districts and county offices of education to recognize and eliminate unlawful discrimination that may exist within their programs or activities and to meet the requirements of this Chapter. The Superintendent shall meet this responsibility through technical assistance and ensuring compliance pursuant to Chapter 5.1 (commencing with section 4600) of this Title relating to standard complaint procedures.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 200, 201, 220, 221.1 and 230, Education Code; Sections 11135-11139.5, Government Code; Section 1681, Title 20, U.S. Code; Section 2000d, Title 42, U.S. Code; and Section 106.1, Title 34, Code of Federal Regulations.
HISTORY
1. New chapter 5.3 (sections 4900-4962, nonconsecutive) filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
2. Amendment of chapter 5.3 heading, subchapter 1 heading, section and Note filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24).
Note • History
Nothing in this Chapter shall be interpreted to prohibit bona fide academic requirements for participation in a specific educational institution's program, course or activity.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 35160.5 and 49067, Education Code; Sections 11135-11139.5, Government Code; Section 1681, Title 20, U.S. Code; Section 2000d, Title 42, U.S. Code; and Section 106, Title 34, Code of Federal Regulations.
HISTORY
1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
2. Amendment of section and Note filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24).
§4902. State and Local Agency Responsibilities and Obligations.
Note • History
Except as otherwise stated in this Chapter, the Superintendent of Public Instruction is responsible for providing leadership to local agencies to ensure that the requirements of the following nondiscrimination laws and their related regulations are met in educational programs that receive or benefit from state or federal financial assistance and are under the jurisdiction of the State Board of Education:
(a) Education Code sections 200 through 253.
(b) Government Code sections 11135 through 11139.
(c) The Civil Rights Act of 1964 at Title 42, U.S. Code Sections 2000a et seq.
(d) Title IX of the Education Amendments of 1972 at Section 1681, Title 20, U.S. Code.
(e) Section 504 of the Rehabilitation Act of 1973 at Section 794(a), Title 29, U.S. Code.
(f) Federal Equal Access at Section 4071 et seq., Title 20, U.S. Code.
(g) Americans with Disabilities Act of 1990 at Sections 12131 et seq., Title 42, U.S. Code.
(h) Individuals with Disabilities Education Act (Section 1400 et seq., Title 20, U.S. Code).
(i) Equal Educational Opportunities Act (Section 1701 et seq., Title 20, U.S. Code).
(j) Any and all other federal and state laws and regulations involving assurances that local agencies will not discriminate on the basis of sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 200, 201 and 33111, Education Code; Sections 11135-11139.5, Government Code; Section 1681, Title 20, U.S. Code; and Section 2000d, Title 42, U.S. Code.
HISTORY
1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
2. Amendment of section heading, section and Note filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24).
Article 2. Definitions
Note • History
The terms used in this Chapter shall be construed with reference to the laws and regulations existing on the date of the enactment of this section. As used in this Chapter, the term:
(a) “`Activity' or `program and activity'” means the same as the definition set out below for the word “program.”
(b) “Ancestry” means the national or cultural origin of a line of descent.
(c) “Board” means the California State Board of Education.
(d) “Club” means a group of students which meets on school property and which is student initiated, student operated and not sponsored by the educational institution.
(e) “Color” includes the concept “race” as it is used in Title IV and Title VI of the Federal Civil Rights Act of 1964, respectively commencing at 42 USC 2000c and 20 USC 2000d.
(f) “Department” means the California Department of Education.
(g) “Educational institution” means any public or private preschool, elementary, or secondary school or institution operated by the local agency, or any combination of school districts or counties recognized as the administrative agency for public elementary or secondary schools, consistent with the definition found in Education Code section 210.1.
(h) “Ethnic group identification” includes the concept of “national origin” as it is used in Title IV and Title VI of the Federal Civil Rights Act of 1964, respectively commencing at 42 USC 2000c and 20 USC 2000d.
(i) “Equal opportunity” and “equivalent opportunity” are used synonymously and mean equal or equal in effect.
(j) “Extracurricular activity” means an activity that is sponsored by the local agency or an organization sanctioned by the local agency. The term “extracurricular activity” shall not include any program that is part of the regular curriculum or that is covered by Article 3 (commencing with Section 4920).
(k) “Gender” means sex, and includes a person's gender identity and gender related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth.
(l) “Harassment” means conduct based upon protected status that is severe or pervasive, which unreasonably disrupts an individual's educational or work environment or that creates a hostile educational or work environment.
(m) “Individual with a disability” means a person who has a physical or mental impairment that substantially limits one or more major life activities; a record of such an impairment; or is regarded as having such an impairment.
(n) “Local Agency (LA)” means a school district governing board or county office of education or a local public or private agency which receives direct or indirect funding or any other financial assistance from the state or federal government to provide any school program or activity.
(o) “Mental disability” means any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
(p) “National origin” means the country of a person's birth.
(q) “Person” includes but is not limited to employees, temporary employees, contract employees, applicants for employment, agents and representatives of the local agency, students, applicants for admission and volunteers.
(r) “Physical disability” means any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and lympathic, skin, and endocrine.
(s) “`Program' or `program activity'” is defined to include the definition of “program and activity” as set forth at Health and Welfare regulation 22 CCR 98010 and to include extra curricular, research, occupational programs, honors, students services and other activities as well as include the operations of an “educational institution” as defined at Education Code section 210.1. All specified institutions are meant to entail the operations of:
(1)(A) a department, agency, special purpose district, or other instrumentality or any educational institution; or
(B) the entity of such local agency that distributes such assistance and each such department or agency to which the assistance is extended; or
(2)(A) an entire corporation, partnership, or other private organization, or an entire sole proprietorship--
(i) if assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or
(ii) which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or
(B) the entire plant or other comparable, geographically separate facility to which state or federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or
(3) any other entity which is established by two or more educational institutions or the entities described in paragraph (1) or (2); any part of which is extended state or federal financial assistance, except that such term does not include any operation of an entity which is controlled by a religious organization if the application of this Chapter to such operation would not be consistent with the religious tenets of such organization.
(4) Small providers are not required by this subsection to make significant structural alterations to their existing facilities for the purpose of assuring program accessibility to the physically disabled, if alternative means of providing the services are available.
(t) “Race” means one of the anthropological/racial ethnic groups, including but not limited to: Asian, Black, American Indian, Hispanic, Pacific Islander, White, or Filipino.
(u) “Religion” means one's spiritual beliefs.
(v) “Sex” means the biological condition or quality of being a female or male human being.
(w) “Sexual orientation” means actual or perceived heterosexuality, homosexuality, or bisexuality.
(x) “Superintendent” means the Superintendent of Public Instruction or his or her designee.
(y) “Title IX Coordinator” means the person(s) designated by the local agency to comply with and carry out the local agency's responsibilities under Title IX of the Education Amendments of 1972.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Section 51.7(b), Civil Code; Sections 200, 201(g), 210, 210.1, 212.5, 220, 233(e) and 260, Education Code; Sections 11135 and 11138, Government Code; Section 422.55 and 422.56, Penal Code; Section 1681, Title 20, ,U.S. Code; Section 2000d, Title 42, U.S. Code; Section 106, Title 34 Code of Federal Regulations; and Sections 98210, 98220, 98230, 98250 and 98343, Title 22, California Code of Regulations.
HISTORY
1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
2. Amendment of section and Note filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24).
3. Amendment of subsection (k) and amendment of Note filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
§4911. Government Code Definitions, Incorporation by Reference.
Note • History
Those definitions of activities prohibited and persons protected from discrimination set forth in Chapters 2 and 3 of Division 8 of Title 22 of the California Code of Regulations (commencing with Section 98100) are incorporated into and made applicable to this Chapter as if fully set forth here.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Section 260, Education Code; and Sections 11135 and 11138, Government Code.
HISTORY
1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
2. Amendment of Note filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24).
§4912. Educational Equity Act Definitions, Incorporation by Reference.
Note • History
Those definitions set forth in Articles 2 and 3 of Chapter 2 of Part 1 of Title 1 of the California Education Code (commencing with Section 210) are incorporated into and made applicable to this Chapter as if fully set forth here, specifically section 210.1 - “Educational institution,” section 211 - “Governing board,” section 212 - “Sex,” section 212.5 - “Sexual harassment,” section 213 - “State financial assistance,” and section 214 - “State financial aid.”
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Section 260, Education Code; and Sections 11135 and 11138, Government Code.
HISTORY
1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
2. Amendment of section heading, section and Note filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24).
§4913. Prohibited Activities, Incorporation by Reference.
Note • History
In addition to acts or omissions prohibited by other nondiscrimination laws or regulations, except as provided by Education Code section 220.5, the acts specifically proscribed by Chapter 2 (commencing with Section 200) of Part 1 of Title 1 of the California Education Code are incorporated into and made applicable to this Chapter as if fully set forth here.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 220 and 230, Education Code; and Sections 11135 and 11138, Government Code.
HISTORY
1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
2. Amendment of section and Note filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24).
§4914. Prohibited Discrimination on Parental, Family, or Marital Status.
Note • History
On the basis of sex, the application of any rule concerning the actual or potential parental, family, or marital status of a person, or the exclusion of any person from any program or activity or employment because of pregnancy or related conditions is prohibited.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code. Reference: Section 230(e), Education Code.
HISTORY
1. New section filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24).
Article 2.5. Sexual Harassment
Note • History
A person in the educational environment of a local agency shall not sexually harass another person in the work or educational environment of the local agency. Sexual harassment is a form of sex discrimination and, as such, may result in disciplinary or other action taken by the local agency.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Section 212.5, Education Code; Sections 11135 and 12940(h), Government Code; Section 1681, Title 20, U.S. Code; Section 2000d, Title 42, U.S. Code; and Section 106, Title 34, Code of Federal Regulations.
HISTORY
1. New article 2.5 (sections 4915-4917) and section filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24).
§4916. Sexual Harassment Definitions.
Note • History
(a) “Sexual harassment” means any unwelcome sexual advance, unwelcome requests for sexual favors, or other unwelcome verbal, visual, or physical conduct of a sexual nature made by someone from or in the educational or work setting, whether it occurs between individuals of the same sex or individuals of opposite sexes, under any of the following conditions:
(1) Submission to the conduct is explicitly or implicitly made a term or a condition of an individual's academic status, employment, or progress.
(2) Submission to, or rejection of, the conduct by the individual is used as the basis of academic or employment decisions affecting the individual.
(3) The conduct has the purpose or effect of having a negative impact upon the individual's academic performance, work, or progress or has the purpose or effect of creating an intimidating, hostile, or offensive educational or working environment. The conduct is sufficiently severe, persistent, pervasive or objectively offensive, so as to create a hostile or abusive educational or working environment or to limit the individual's ability to participate in or benefit from an education program or activity.
(4) Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the local agency.
(b) “Verbal sexual harassment” includes, but is not limited to, unwelcome epithets, comments, or slurs of a sexual nature.
(c) “Physical sexual harassment” includes, but is not limited to, assault, impeding or blocking movement, or any physical interference with work or school activities or movement when directed at an individual on the basis of sex.
(d) “Visual sexual harassment” includes, but is not limited to, derogatory posters, cartoons, drawings, obscene gestures, or computer-generated images of a sexual nature.
(e) “Educational environment” includes, but is not limited to, the following:
(1) The campus or school grounds of the local agency.
(2) Properties controlled or owned by the local agency.
(3) Off-campus, if such activity is sponsored by the local agency, or is conducted by organizations sponsored by or under the jurisdiction of the local agency.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Section 212.5, Education Code; Section 11135, Government Code; Section 1681, Title 20, U.S. Code; Section 2000d, Title 42, U.S. Code; and Section 106, Title 34, Code of Federal Regulations.
HISTORY
1. New section filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24).
§4917. Notification Requirements.
Note • History
Local agencies are required to notify students, employees, and parents of their written policy prohibiting sexual harassment pursuant to Education Code sections 231.5 and 48980(h), and in accordance with Education Code section 48985. These policies shall include information as to where to obtain specific procedures for reporting charges of sexual harassment and available remedies.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 231.5, 262.3, 48980 and 48985, Education Code; Section 1681, Title 20, U.S. Code; Section 2000d, Title 42, U.S. Code; and Section 106.9, Title 34, Code of Federal Regulations.
HISTORY
1. New section filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24).
Article 3. Nondiscrimination in Intramural, Interscholastic, or Club Athletics
Note • History
No person shall on the basis of sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color or mental or physical disability be excluded from participation in, be denied the benefits of, be denied equivalent opportunity in, or otherwise discriminated against in interscholastic, intramural, or club athletics.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 200, 230 and 35179, Education Code; Section 1681, Title 20, U.S. Code; Section 2000d, Title 42, U.S. Code; and Section 106, Title 34, Code of Federal Regulations.
HISTORY
1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
2. Amendment of article 3 heading, section and Note filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24).
Note • History
(a) Local agencies may provide single sex teams where selection for teams is based on competitive skills.
(b) When a local agency provides only one team in a particular sport for members of one sex but provides no team in the same sport for members of the other sex, and athletic opportunities in the total program for that sex have previously been limited, members of the excluded sex must be allowed to try out and compete with the local agency team. The same standards for eligibility shall be applied to every student trying out for a team, regardless of sex or sexual orientation or other protected group status.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 200, 220, 221.7, 230 and 31579, Education Code; Section 1681, Title 20, U.S. Code; and Section 106, Title 34, Code of Federal Regulations.
HISTORY
1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
2. Amendment of subsection (b), repealer of subsection (c) and amendment of Note filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24).
§4922. Equivalent Opportunity.
Note • History
(a) For purposes of section 230(c) of the Education Code, in determining whether equivalent opportunities are available to both sexes in athletic programs, the factors a local agency shall consider, include, but are not limited to:
(1) Whether the selection of sports and levels of competition offered effectively accommodate the interests and abilities of both sexes;
(2) The provision and maintenance of equipment and supplies;
(3) Scheduling of games and practice times; selection of the season for a sport; location of the games and practices;
(4) Travel and per diem allowances;
(5) Opportunities to receive coaching and academic tutoring;
(6) Assignment and compensation of coaches and tutors;
(7) Provision of locker rooms, practice and competitive facilities;
(8) Provision of medical and training facilities and services;
(9) Provision of housing and dining facilities and services;
(10) Publicity.
(b) Unequal aggregate expenditures for members of each sex or unequal expenditures for male and female teams, if a recipient operates or sponsors separate teams, shall not constitute noncompliance with this section. However, the failure to provide necessary funds for teams for one sex in assessing equivalent opportunity for members of each sex shall be considered.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 221.7, 230 and 35179, Education Code; Section 1681, Title 20, U.S. Code; and Section 106, Title 34, Code of Federal Regulations.
HISTORY
1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
2. Amendment of section and Note filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24).
Article 3.5. Nondiscrimination in Extracurricular and Club Activities
Note • History
A local agency shall not provide or otherwise carry out any of its extracurricular programs or activities separately, or require or refuse participation therein by any of its students on the basis of sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability. Nothing herein shall be construed to prohibit the use of prerequisites to participation in certain extracurricular activities where the prerequisites have been demonstrated to be essential to the success in the particular extracurricular activities.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 220 and 230, Education Code; Section 1681, Title 20, U.S. Code; Section 2000d, Title 42, U.S. Code; and Section 106, Title 34, Code of Federal Regulations.
HISTORY
1. New article 3.5 (sections 4925-4927) and section filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24).
Note • History
Membership in student clubs must be open to all students regardless of sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 220, 230 and 35160.5, Education Code; Section 1681, Title 20, U.S. Code; Section 2000d, Title 42, U.S. Code; and Section 106, Title 34, Code of Federal Regulations.
HISTORY
1. New section filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24).
Note • History
Student clubs shall have equal access to facilities of the educational institution to conduct a meeting and a fair opportunity to meet within the limited open forum of the educational institution, if the educational institution has a limited open forum.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 220, 230 and 35160.5, Education Code; Section 1681, Title 20, U.S. Code; Sections 2000d and 4071, Title 42, U.S. Code; and Section 106, Title 34, Code of Federal Regulations.
HISTORY
1. New section filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24).
Article 4. Counseling
Note • History
(a) No local agency or educational institution or counselor shall discriminate against any person on the basis of sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability in the counseling or guidance of pupils.
(b) Nothing in this section shall be construed as prohibiting a local agency from encouraging members of one sex to enter courses, programs, activities or occupations which are traditionally entered by the other sex.
(c) Counseling includes, but is not limited to, academic, vocational, career, social or psychological counseling which is conducted or sponsored by, through, or at an educational institution whether in an informal or formal program, workshop or other activity, or whether conducted or sponsored on a routine or sporadic basis.
(d) Counseling includes, but is not limited to, any person, group, or sub-group, regardless of title or job description, who engages in counseling of any pupil.
NOTE
Authority cited: Section 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 220 and 230, Education Code; Section 1681, Title 20, U.S. Code; Section 2000d, Title 42, U.S. Code; and Section 106, Title 34, Code of Federal Regulations.
HISTORY
1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
2. Amendment of section heading, section and Note filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24).
§4931. Use of Appraisal and Counseling Materials.
Note • History
(a) An educational institution which uses testing or other materials for appraising or counseling pupils shall not use different materials for pupils on the basis of their sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability. The use of materials that permit or require the impermissible differential treatment of pupils on the basis of sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability is not permitted unless such different materials cover the same occupations and interest areas and the use of such different materials is essential to the elimination of bias and discrimination.
(b) An educational institution may use different materials if they are shown to encourage members of any protected categories identified in subdivision (a) to enter courses, programs, activities, or occupations which are not traditionally entered by the members of the protected categories identified in subdivision (a).
(c) Where the use of a counseling or evaluation instrument results in disproportionate numbers of members of one of the protected categories identified in subdivision (a) above in any particular course, program, activity or occupation, the educational institution shall take such action as is necessary to ensure that such disproportionate numbers are not the result of discrimination in the instrument or its application.
(d) Where an educational institution finds that a particular course contains a substantially disproportionate number of individuals of one group, the educational institution shall assure that such disproportion is not the result of discrimination in counseling policy or practice, or appraisal materials or discrimination by counselors, or any other employee of the educational institution.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 200 and 230, Education Code; Section 1681, Title 20, U.S. Code; Section 2000d, Title 42, U.S. Code; and Section 106, Title 34, Code of Federal Regulations.
HISTORY
1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
2. Amendment of section and Note filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24).
Article 5. Course Access
Note • History
(a) A local agency and its educational institutions shall not provide any course or otherwise carry out any of its educational programs or activities separately on the basis of sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability or require or refuse participation therein by any of its students on such basis, including but not limited to, agriculture, health, physical education, industrial technology, business, career, vocational and emerging technical educational programs, home economics, work experience programs, occupational training programs, research opportunities, visual and performing arts, and adult education courses.
(b) Portions of classes which deal with human sexuality may be conducted in separate sessions for males and females.
(c) Local agencies and their educational institutions may make requirements based on vocal range or quality which may result in a chorus or choruses of one, or predominantly one, sex.
(d) A local agency and its educational institutions shall not permit any course or activity labeling and scheduling which results in the separation of students on the basis of sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability. In educational institutions where students have the opportunity to select a specific activity for a physical education course, the course title and description shall be gender neutral.
(e) While instruction in all physical education classes is coeducational, nothing in this section shall prohibit the grouping of students during physical education activities by ability when assessed by objective standards of individual performance without regard to sex and all students are involved in the same physical activity or conceptual learning experience at the same time.
(f) Recruitment. An educational institution may choose to undertake affirmative recruitment efforts to overcome the effect of conditions which resulted in limited participation in certain courses by a particular group of students including but not limited to math, science, emerging technologies, occupational training, and career vocational and technical educational program courses.
(g) Prerequisites. Nothing herein shall be construed to prohibit the use of prerequisites that have been demonstrated to be essential to success in a given program or course. If a prerequisite is not essential to success in a given course or program, it shall be abolished as a prerequisite.
(h) Required Courses. In determining required courses for any student, such determination shall be made without regard to sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability, except as otherwise provided in these regulations.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 220 and 230, Education Code; Section 1681, Title 20, U.S. Code; Section 2000d, Title 42, U.S. Code; and Section 106, Title 34, Code of Federal Regulations.
HISTORY
1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
2. Amendment of section heading, section and Note filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24).
Article 6. Marital and Parental Status
§4950. Marital and Parental Status of Students.
Note • History
An educational institution shall not apply any rule concerning a student`s actual or potential parental, family, or marital status which treats students differently on the basis of sex.
(a) An educational institution shall not exclude or deny any student from any educational program or activity including class or extracurricular activity solely on the basis of a student's pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom.
(b) An educational institution may require a student to obtain the certification of a physician or nurse practitioner that the student is physically and emotionally able to continue participation in the regular program or activity.
(c) Voluntary Alternative Program. Pregnant minors and minor parents shall not be required to participate in pregnant minor programs or alternative educational programs. Such minors who do voluntarily participate in such alternative programs shall be given educational programs, activities and courses equal to those they would have been in if participating in the regular program.
(d) Any educational institution shall treat pregnancy, child birth, false pregnancy, termination of pregnancy and recovery therefrom in the same manner and under the same policies as any other temporary disabling condition.
NOTE
Authority cited: Sections 232 and 33031, Education Code; and Section 11138, Government Code. Reference: Section 230, Education Code; and 34 CFR 106.
HISTORY
1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
Article 7. Local Agency Compliance
§4960. Local Agency Responsibilities.
Note • History
(a) Each school district and county office of education shall have primary responsibility to ensure that its programs and activities are available to all persons without regard to sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability. Each local agency shall investigate complaints of unlawful discrimination in its programs or activities.
(b) Each governing board shall have the ongoing responsibility to publicize the provisions of this Chapter to students, parents, employees, agents of the governing board and the general public. This policy shall be posted in all schools and offices including staff lounges and student government meeting rooms.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Section 260, Education Code; Section 11135, Government Code; Section 106, Title 34, Code of Federal Regulations; and Section 98340, Title 22, California Code of Regulations.
HISTORY
1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
2. Amendment of section and Note filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24).
§4961. Responsible District Officer.
Note • History
Each local agency shall identify a single person as the responsible local agency officer for ensuring district or office compliance with this chapter. Each announcement shall include the name, office address and office telephone number of the responsible local agency officer.
NOTE
Authority cited: Section 11138, Government Code; and Sections 71020 and 71025, Education Code. Reference: Sections 11135 and 11138, Government Code.
HISTORY
1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
Note • History
Compliance with the provisions of this division shall be carried out in accordance with the complaint procedures specified in sections 4601 through 4671 of this Title and Government Code sections 11136 and 11137.
NOTE
Authority cited: Sections 232 and 33031, Education Code; and Section 11138, Government Code. Reference: Sections 11135, 11136 and 11137, Government Code.
HISTORY
1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
Article 8. Complaint Process Safeguards
Note • History
(a) No person from or in the educational or work environment of a local agency shall retaliate against a complainant, witness, or other person who supports or participates in a sexual harassment investigation.
(b) Any attempt to penalize anyone from or in the educational or employment environment for initiating a complaint through any form of retaliation shall be treated as a separate allegation of discrimination.
NOTE
Authority cited: Sections 221.1 and 33031 Education Code; and Section 11138, Government Code. Reference: Section 212.5, Education Code; Sections 11135 and 12940(h), Government Code; Section 1681, Title 20, U.S. Code; Section 2000d, Title 42, U.S. Code; and Section 106, Title 34, Code of Federal Regulations.
HISTORY
1. New article 8 (sections 4963-4965) and section filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24).
Note • History
All complaints or allegations of discrimination or sexual harassment will be kept confidential during any informal and/or formal complaint procedures except when disclosure is necessary during the course of an investigation, in order to take subsequent remedial action and to conduct ongoing monitoring.
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Section 212.5, Education Code; Sections 11135 and 12940(h), Government Code; Section 1681, Title 20, U.S. Code; Section 2000d, Title 42, U.S. Code; and Section 106, Title 34, Code of Federal Regulations.
HISTORY
1. New section filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24).
Note • History
Harassment on the basis of sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability is a form of discrimination, and as such, may result in disciplinary or other action taken by the local agency. In the case of an employee, such disciplinary action may include termination. For students in Grades K-12, the disciplinary consequences shall depend on the ages of the students and the factual circumstances of the incident(s).
NOTE
Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Section 212.5, Education Code; Sections 11135 and 12940(h), Government Code; Section 1681, Title 20, U.S. Code; Section 2000d, Title 42, U.S. Code; and Section 106, Title 34, Code of Federal Regulations.
HISTORY
1. New section filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24).
Chapter 6. Certified Personnel
Subchapter 1. General Provisions
Article 1. Code of Ethics of the Teaching Profession [Renumbered]
HISTORY
1. Amendment and renumbering of Article 1 (Sections 5480-5485) to Article 7 (Sections 80130-80132) of Chapter 1 of Part VIII, filed 12-16-77; effective thirtieth day thereafter (Register 77, No. 51). For prior history, see Register 77, No. 21; and Register 70, No. 17.
Article 2. Employment and Dismissal
§5500. Statement a Condition to Employment.
Note • History
The governing board shall not employ a person in a position requiring certification qualifications unless the person first files with the governing board his statement in writing that he has not entered into a valid contract
of employment with the governing board of another school district which will in any way conflict with his employment.
NOTE
Authority cited for Article 2: Sections 23919, 33031, 44839 and 44843, Education Code.
HISTORY
1. New Chapter 1 (§§ 5500-5504) filed 9-23-69; effective thirtieth day thereafter (Register 69, No. 39).
2. Article 1 (§§ 5500-5504) renumbering to Article 2 filed 4-22-70; effective thirtieth day thereafter (Register 70, No. 17).
3. New NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§5501. Filing of Notice of Employment.
History
The notice of employment required by Education Code Section 44843 shall identify the school district, shall be signed by the authorized official or officials of the school district, shall be in the number of copies specified by the county superintendent, and shall contain at least the following data for each employee:
(a) Name.
(b) Position filled.
(c) Classification (substitute, temporary, probationary, permanent).
(d) Effective date and terminal date of employment.
(e) Rate of salary (per school month, calendar month, day, hour).
(f) Major accounting class, as shown in Part I of the California School Accounting Manual, to which the salary will be charged.
The notice may contain such additional data as the governing board and the county superintendent agree upon.
HISTORY
1. Amendment of section and repealer of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§5502. Filing of Notice of Physical Examination for Employment of Retired Persons.
Note • History
The governing board shall on or before employing a retired person for a position described in Education Code Section 44839.5 require evidence that he or she has passed the physical examination required by Education Code Section 44839.5.
NOTE
Authority cited: Section 44839.5, Education Code. Reference: Section 44839.5, Education Code.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Amendment filed 10-16-80; effective thirtieth day thereafter (Register 80, No. 42).
§5503. Physical Examination for Employment of Retired Persons.
Note • History
(a) The physical examination prescribed by the State Board pursuant to Education Code Section 44839.5 is an examination by a physician and surgeon licensed to practice in California that will enable the examining physician and surgeon to ascertain whether or not the person is free from infectious or contagious disease, including an examination for tuberculosis made in the manner described in Education Code Section 49406.
The physician's certificate, showing that the employee was examined and that the person was found free from active tuberculosis and from any other contagious or infectious disease, shall be filed with the county superintendent of schools and a duplicate or photographic copy shall be filed with the employing school district. A notice from a public health agency or unit of the Tuberculosis Association that indicates freedom from active tuberculosis may be substituted for that part of the physicians certificate relating to tuberculosis. The examination shall have been made within six months of filing of the completed certificate with both the county superintendent of schools and employing school district.
(b) The certificate shall be in substantially the following form:
CERTIFICATION OF FREEDOM FROM CONTAGIOUS OR
INFECTIOUS DISEASE
I hereby certify that:
(1) I am licensed to practice as a physician and surgeon in California.
(2) On the date shown herein below I examined ________, who gave ________ as his (her) date of birth and ________ as his (her) address. On that date I found him (her) to be free from any contagious or infectious disease including freedom from active tuberculosis. ________, 19____ Date
____________________________________
Physician and Surgeon
The following authorization signed by the person examined shall be set forth below the certificate:
AUTHORIZATION
Dr. ______________:
You are hereby authorized to give to the State Board of Education, any county superintendent of schools, the governing board of a school district to which the undersigned has applied for employment, and representatives of any of them, any and all information you may have regarding my physical or mental condition, including but not being limited to the history, findings, diagnosis, treatment given, present condition, and prognosis.
________, 19___ _______________________________
Date Signature of Person Examined
NOTE
Authority cited: Section 44839.5, Education Code. Reference: Section 44839.5, Education Code.
HISTORY
1. Amendment of subsection (a) and repealer of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Amendment filed 10-16-80; effective thirtieth day thereafter (Register 80, No. 42).
§5504. Medical Certification Procedures.
Note • History
(a) The governing board of each school district and the county superintendent of schools office shall provide a pre-employment medical examination form and related information as prescribed in this section to persons being employed for the first time in a California school district or county office in a position requiring certification requirements in accordance with section 44839 of the Education Code.
(b) The governing board or office of the county superintendent of schools shall also develop a brief statement of functions involved in the position for which the applicant will be employed and attach it to the medical certification form for the guidance of the physician. Functions should be described in terms of activities which may be performed such as: teaching physical education; being able to readily move about the classroom and playground; climbing flights of stairs or operating mechanical equipment.
(c) The governing board of each school district and the county superintendent of schools office shall use the following medical certificate or a similar certificate developed locally and approved by the California Department of Education:
CERTIFICATE OF MEDICAL EXAMINATION OF
APPLICANTS FOR FIRST EMPLOYMENT IN A
CALIFORNIA SCHOOL DISTRICT OR
COUNTY SUPERINTENDENT OF SCHOOLS OFFICE
_______________________ School District; County Office
Name
Name: Last First Middle
Address: Street City Zip Code
To the Physician:
The medical examination required of a person employed in a certificated position for the first time in a California School District or County Superintendent of Schools Office to determine freedom from any disabling disease unfitting the person to instruct or associate with children should be evaluated on the basis of the function which will be required of the applicant upon employment. A brief description of functions is attached to this form.
Disabling disease should be considered in terms of:
(1) Evidence of lack of ability to demonstrate average physical and emotional capacity for the functions involved.
(2) Evidence of disability which periodically may disable the individual; for example, rheumatoid arthritis, uncontrolled diabetes, asthma.
(3) Evidence of long term disability which may progressively deteriorate; for example, malignancy, Multiple Sclerosis.
Details
Check Every Item YES NO (Relate to functions to be performed)
1. Is there evidence of disabling disease of
the musculo-skeletal, cardio-vascular,
nervous, gastro-intestinal, genito-urinary,
endocrine systems?______
2. Is there evidence of disabling disease
affecting vision, hearing or speech? _____
3. Is there evidence of disabling metabolic
disease? _____
4. Is there evidence of infectious disease in
a communicable stage? _____
5. Is there evidence of drug dependency in-
cluding alcoholism? _____
6. Is there evidence of any other disabling
disease? _____
On the basis of my medical examination on (date) ____________ the above named individual is free from disabling disease, except as noted above, which I believe unfits the individual to instruct, in the position for which application is being made, or to associate with children.
_________________________/____________
Signature of Physician Date
_________________________/____________
Name of Physician (print) License #
To be returned by the examining physician directly to the school district or County Office requesting the examination.
(d) The governing board of each district or county superintendent of schools office shall determine, on the basis of information on the medical examination form, whether or not the applicant is free from any disabling disease unfitting the applicant to perform the functions, required in the position for which application is being made, or to associate with children.
(e) The governing board of a school district or the county superintendent of schools office may require certificated employees to undergo a periodic medical examination by a licensed physician and surgeon to determine that the employee is free from any communicable disease unfitting the employee to instruct or associate with children. Such examination shall be at the expense of the school district and may be recorded in a locally developed medical referral form.
NOTE
Authority cited: Section 44843, Education Code. Reference: Section 44843, Education Code.
HISTORY
1. New section filed 1-17-75; effective thirtieth day thereafter (Register 75, No. 3).
2. Amendment of section and repealer of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Renumbering of Section 5505 to Section 5504 filed 11-9-79; effective thirtieth day thereafter (Register 79, No. 45). For history of former Section 5504, see Register 78, No. 45.
4. Change without regulatory effect amending subsections (a) and (c) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
Subchapter 2. Duties of Certificated and Noncertificated Personnel
Article 1. Duties of All Certificated Personnel
History
All certificated personnel shall exercise careful supervision of the moral conditions in their respective schools. The governing board, principals, and other certificated personnel shall not tolerate any act of a pupil described in Section 301.
HISTORY
1. New Chapter 1 (§§ 5530, 5531, 5550-5556, 5570 and 5590) filed 9-23-69 effective thirtieth day thereafter (Register 69, No. 39).
§5531. Supervision of Extracurricular Activities of Pupils.
Note • History
All social activities of pupils, wherever held, if conducted under the name or auspices of a public school or of any class or organization thereof, shall be under the direct supervision of certificated employees of a district or an office of a county superintendent of schools.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 33031(c) and 33352, Education Code.
HISTORY
1. Amendment filed 3-7-78; effective thirtieth day thereafter (Register 78, No. 10).
2. New subsection (b) filed 7-30-81; effective thirtieth day thereafter (Register 81, No. 31).
3. Amendment filed 8-26-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 35).
4. Amendment filed 6-29-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 26).
5. Amendment filed 8-5-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 32).
6. Amendment filed 11-2-88; operative 12-2-88 (Register 88, No. 46).
§5532. Employment of Noncertificated Athletic Coaches. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031 and 35160, Education Code. Reference: Section 33352, Education Code.
HISTORY
1. New section filed 8-5-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 32).
2. Repealer filed 11-2-88; operative 12-2-88 (Register 88, No. 46).
Article 2. Duties of Principals
The governing board of each school district shall employ a principal for each school of the district who may also be a teacher. One person may be employed as principal of more than one school. In a one-teacher school the teacher is the principal.
§5551. Administration of School.
History
The principal is responsible for the supervision and administration of his school.
HISTORY
1. Organizational headings of CCR were renamed as a result of CCR Reformat Project as follows: “Chapter” was renamed to “Subchapter”; “Division” was renamed to “Chapter”; and “Part” was renamed to “Division.”
§5552. Playground Supervision.
Where playground supervision is not otherwise provided, the principal of each school shall provide for the supervision by certificated employees of the conduct and safety, and for the direction of the play, of the pupils of the school who are on the school grounds during recess and other intermissions and before and after school.
§5553. Dissemination of Information.
(a) The principal of a school shall inform all employees in the school of the provisions of Articles 2 and 3 of Chapter 1 of Division 2 (pupils). He shall inform all certificated employees of the provisions of this chapter.
(b)The principal of the school shall inform, or cause to be informed of the provisions of Articles 2 and 3 of Chapter 1 of Division 2 (pupils) all pupils of the school in a way that the principal deems appropriate to the grade level of the pupils.
§5554. Records to Be Kept on File by All Principals in the Office of the School. [Repealed]
Note • History
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 32001, Education Code.
HISTORY
1. Repealer filed 11-7-79; effective thirtieth day thereafter (Register 79, No. 45).
§5555. Additional Records Kept by High School Principals. [Repealed]
Note • History
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 51200, 51269, 60260-60265, and 60400, Education Code.
HISTORY
1. Repealer filed 11-7-79; effective thirtieth day thereafter (Register 79, No. 45).
§5556. Reports to the State Department of Education. [Repealed]
Note • History
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 10043, Education Code.
HISTORY
1. Repealer filed 11-7-79; effective thirtieth day thereafter (Register 79, No. 45).
Article 3. Duties of Teachers
§5570. When School Shall Be Open and Teachers Present.
Unless otherwise provided by rule of the governing board of the school district, teachers are required to be present at their respective rooms, and to open them for admission of the pupils, not less than 30 minutes before the time prescribed for commencing school.
All teachers shall observe punctually the hours fixed by regulation of the governing board of the school district for opening and closing school.
Article 4. Duties of District Superintendents
The district superintendent (or principal if there is no superintendent) shall keep or cause to be kept the following school library records:
(a) Records of the acquisition of all school library materials which, with reasonable care and use, may be expected to last more than one year. Such records shall be kept in a book or card file provided for the purpose and shall include the name of the author, or other appropriate identification, the title, and the date recorded.
(b) An index, by name of author, title, and subjects, of all materials described in (a). If no author is identifiable, another appropriate entry may be substituted.
Article 5. Duties of Temporary Athletic Team Coaches
Note • History
(a) “Temporary athletic team coach” as used in this article implements the substance of Education Code Sections 35179.5 and 44919. A “temporary athletic team coach” is a certificated or noncertificated employee, other than a substitute employee, hired to supervise or instruct interscholastic athletic activities as a temporary employee in a limited assignment capacity. The term is applicable to a certificated employee who supervises or instructs interscholastic athletic activities in addition to his or her regular assignment.
(b) An “athletic team” as used in this article is any team participating in any interscholastic athletic competition.
(c) An “interscholastic athletic competition” as used in this article is an interscholastic competition involving two or more schools.
(d) A “valid cardiopulmonary resuscitation (CPR) card” as used in this article is an unexpired CPR card obtained by successfully completing either:
(1) One of the courses listed in Section 100026 of Title 22 of California Code of Regulations (CCR) (two options being a course in cardiopulmonary resuscitation sponsored and/or approved by either the American Heart Association or the American Red Cross); or
(2) Subject to the conditions set out in this subsection below, a course from an entity which, in the judgment of the governing board of the school district, has provided the individual with CPR training that complies with the standards set out in Article 3 of Chapter 1.5 of Title 22 of the CCR, commencing with Section 100019.
(A) “Cardiopulmonary resuscitation” as it is used in this article shall conform to the definition of “cardiopulmonary resuscitation” as defined in Section 10006 of Title 22 of the CCR entailing standards promulgated by the American Heart Association and the American Red Cross.
(B) An expired CPR or first aid card can be revalidated in accordance with the retraining requirement set out in Section 100025 of Title 22 of the CCR.
(e) A “valid first aid card” as used in this article is any unexpired first aid card obtained by successfully completing either:
(1) One of the courses listed in Section 100026 of Title 22 of the California Code of Regulations (CCR) (one option being a course in first aid sponsored and/or approved by the American Red Cross); or
(2) Subject to the conditions set out in this subsection below, a course from an entity which, in the judgment of the governing board of the school district, has provided the individual with first aid training that complies with the standards set out in Article 3 of Chapter 1.5 of Title 22 of the CCR, commencing with Section 100019.
(A) “First aid” as it is used in this article shall conform to the definition of “first aid” as defined in Section 100008 of Title 22 of the CCR.
(B) An expired CPR or first aid card can be revalidated in accordance with the retraining requirements set out in Section 100025 of Title 22 of the CCR.
NOTE
Authority cited: Sections 33031 and 35179.5, Education Code. Reference: Sections 33353, 35179.5 and 44919(b), Education Code.
HISTORY
1. Renumbering of former Section 5590 to Section 5580, and new Section 5590 filed 11-2-88; operative 12-2-88 (Register 88, No. 46).
§5591. Supervision of Athletic Team Activities.
Note • History
(a) All athletic team activities, wherever held, if conducted under the name and auspices of a public school or of any class or organization thereof, may be under the direct supervision of a temporary athletic team coach. Effective July 1, 1988, coaches shall meet the requirements of section 5593.
(b) Noncertificated coaches shall have no authority to give grades to students.
NOTE
Authority cited: Sections 33031 and 35179.5, Education Code. Reference: Section 35179.5, Education Code.
HISTORY
1. New section filed 11-2-88; operative 12-2-88 (Register 88, No. 46).
§5592. Use of Noncertificated Temporary Athletic Team Coach.
Note • History
The governing board of any school district may use a noncertificated temporary athletic team coach as defined in Section 5590 to supervise and instruct in interscholastic athletic programs and activities subject to the following general conditions:
(a) The district shall not use any noncertificated temporary athletic team coach who has been convicted of any offense referred to in Education Code Sections 44010, 44011, or 44424 or any offense involving moral turpitude or evidencing unfitness to associate with children.
(b) The district has on file a written statement from a licensed physician or other authorized individual approved by the district that the noncertificated temporary athletic team coach is free from tuberculosis and any other contagious disease that would prohibit certificated teachers from teaching. The statement shall be renewed every four years.
(c) The noncertificated temporary athletic team coach complies with Section 5593.
NOTE
Authority cited: Sections 33031 and 35179.5, Education Code. Reference: Section 35179.5, Education Code.
HISTORY
1. New section filed 11-2-88; operative 12-2-88 (Register 88, No. 46).
2. Change without regulatory effect repealing subsection (a) and relettering following subsections filed 11-21-91 pursuant to section 100, title1, California Code of Regulations (Register 92, No. 8).
§5593. Temporary Athletic Team Coach Qualifications and Competencies.
Note • History
This section applies to any person serving at any grade level as a temporary athletic team coach.
(a) The district shall determine whether a temporary athletic team coach is knowledgeable and competent in the areas of:
(1) Care and prevention of athletic injuries, basic first aid and emergency procedures;
(2) Coaching techniques;
(3) Rules and regulations in the athletic activity being coached; and
(4) Child or adolescent psychology, whichever is appropriate to the grade level of the involved sports activity.
(b) The district shall establish a temporary athletic team coach's qualifications in each of the below specified four competency areas.
(1) Care and prevention of athletic injuries, basic sports injury first aid, and emergency procedures as evidenced by one or more of the following:
(A) Completion of a college-level course in the care and prevention of athletic injuries and possession of a valid cardiopulmonary resuscitation (CPR) card; or
(B) A valid sports injury certificate or first aid card, and a valid cardiopulmonary resuscitation CPR card; or
(C) A valid Emergency Medical Technician (EMT) I or II card; or
(D) A valid trainer's certification issued by the National or California Athletic Trainers' Association (NATA/CATA); or
(E) The person has had practical experience under the supervision of an athletic coach or trainer, or has assisted in team athletic training and conditioning, and has both valid CPR and first aid cards.
(2) Coaching theory and techniques in the sport or game being coached, as evidenced by one or more of the following:
(A) Completion of a college course in coaching theory and techniques; or
(B) Completion of in-service programs arranged by a school district or a county office of education; or
(C) Prior service as a student coach or assistant athletic coach in the sport or game being coached; or
(D) Prior coaching in community youth athletic programs in the sport to be coached; or
(E) Prior participation in organized competitive athletics at high school level or above in the sport to be coached.
(3) Knowledge of the rules and regulations pertaining to the sport or game being coached, the league rules and, at the high school level, regulations of the CIF.
(4) Knowledge of child or adolescent psychology as it relates to sports participation as evidenced by one or more of the following:
(A) Completion of a college-level course in child psychology for elementary school positions and adolescent or sports psychology for secondary school positions; or
(B) Completion of a seminar or workshop on human growth and development of youth; or
(C) Prior active involvement with youth in a school or community sports program.
(c) The school district superintendent may waive compliance with any one or more of the competencies described in subsection (a) provided that the person is enrolled in a program leading to acquisition of a competency. Until the competencies are met, the prospective coach shall serve under the immediate supervision of a fully qualified temporary athletic team coach.
NOTE
Authority cited: Sections 33031 and 35179.5, Education Code. Reference: Sections 33352 and 35179.5, Education Code.
HISTORY
1. New section filed 11-2-88; operative 12-2-88 (Register 88, No. 46).
§5594. Local Board Certification of Athletic Coaches.
Note • History
At the first regular board meeting or within 30 days after selection of a temporary athletic team coach, whichever is sooner, the district superintendent shall certify to the local board of trustees that the provisions in section 5593 have been met. The board shall, by April 1 of each year, certify to the State Board of Education that the provisions of section 5593 have been met. Said certification form shall be prescribed by the California Department of Education.
NOTE
Authority cited: Sections 33031 and 35179.5, Education Code. Reference: Section 35179.5, Education Code.
HISTORY
1. New section filed 11-2-88; operative 12-2-88 (Register 88, No. 46).
2. Change without regulatory effect amending section and Note filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§5595. Recertification of Temporary Athletic Team Coaches.
Note • History
Once a district has determined that a coach meets the provisions of Section 5593, the district may recertify the coach.
NOTE
Authority cited: Sections 33031 and 35179.5, Education Code. Reference: Section 35179.5, Education Code.
HISTORY
1. New section filed 11-2-88; operative 12-2-88 (Register 88, No. 46).
§5596. Code of Ethical Conduct.
Note • History
Each school district shall, no later than 90 days subsequent to the filing of this chapter with the Secretary of State, implement the following listed standards of ethical conduct for each temporary, probationary, or permanent employee of a school district providing supervisory and instructional services in interscholastic athletic programs and activities. Any specified person providing such services to the district shall:
(a) Show respect for players, officials and other coaches.
(b) Respect the integrity and judgment of game officials.
(c) Establish and model fair play, sportsmanship, and proper conduct.
(d) Establish player safety and welfare as the highest priority.
(e) Provide proper supervision of students at all times.
(f) Use discretion when providing constructive criticism and when reprimanding players.
(g) Maintain consistency in requiring all players to adhere to the established rules and standards of the game to be played.
(h) Properly instruct players in the safe use of equipment.
(i) Avoid exerting undue influence on a pupil's decision to enroll in an athletic program at any public or private post-secondary educational institution.
(j) Avoid exerting undue influence on pupils to take lighter academic course(s) in order to be eligible to participate in athletics.
(k) Avoid suggesting, providing, o encouraging any athlete to use nonprescription drugs, anabolic steroids, or any substance to increase physical development or performance that is not approved by the United States Food and Drug Administration, Surgeon General of the United States or American Medical Association.
(l) Avoid recruitment of athletes from other schools.
(m) Follow the rules of behavior and the procedures for crowd control as established by the local board of education and the league in which the district participates.
NOTE
Authority cited: Sections 33031 and 35179.7, Education Code. Reference: Section 35179.7, Education Code.
HISTORY
1. New section filed 11-2-88; operative 12-2-88 (Register 88, No. 46).
Subchapter 3. Rights of Certificated Personnel
§5600. Duty-Free Lunch Period.
Note • History
The duty-free lunch period for teachers and other certificated employees required by Education Code Section 44813 shall be not less than 30 minutes. It shall be allowed as near noon as is reasonably possible.
If the principal leaves the school premises during his duty-free lunch period, he shall leave the vice-principal or other certificated employee in charge.
NOTE
Authority cited: Section 44813, Education Code.
HISTORY
1. New Chapter 3 ( §§ 5600, 5601) filed 9-23-69; effective thirtieth day thereafter (Register 69, No. 39).
2. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§5601. Transfer of Accumulated Sick Leave of Certificated Employees.
Note • History
As used in this section, “accumulated sick leave” means a leave of absence for illness or injury that is earned under Education Code section 44978 but is unused. A transfer of accumulated sick leave (1) from any of the following--a California school district, county superintendent of schools, or the California Department of Education (CDE) to any of the following--a school district (except a community college district), county superintendent of schools, or the CDE; or (2) from the Commission for Teacher Preparation and Licensing or the Office of the Chancellor of the California Community Colleges to a school district (except a community college district), or county superintendent of schools is authorized by Education Code sections 44979, 44980 and 44982, provided the certificated employee meets the eligibility requirements stated therein. The transfer shall be accomplished as follows:
(a) The person who accumulated the leave, using a form furnished or prescribed by the CDE, requests his former employing agency to send his new employing agency a written statement of his accumulated sick leave.
(b) Upon receipt of the request, the former employing agency forthwith transmits to the new employing agency a statement of the person's accumulated sick leave certified to be true and correct by the officer or employee of the former employing agency who is charged with maintaining employee attendance records.
(c) The new employing agency credits the person with the accumulated sick leave set forth in the certified statement. Any transfer of sick leave to the CDE shall be subject to the limitations specified by Education Code section 44982.*
--------
* Refer to regulations affecting transfer to California Community Colleges or the Office of the Chancellor of the California Community Colleges. See regulations adopted by the Board of Governors of the California Community Colleges, Title 5, CCR, Part VI.
NOTE
Authority cited: Sections 44979, 44980 and 44982, Education Code.
HISTORY
1. Amendment filed 12-21-73; effective thirtieth day thereafter (Register 73, No. 51).
2. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Change without regulatory effect amending section and footnote filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
Subchapter 4. Grants of Financial Assistance to Certificated Personnel
Article 1. Scholarship Grants for Teachers of Reading
§5710. Application for a Scholarship Grant for Teachers of Reading.
Note • History
An application for a scholarship grant described in Education Code section 54170 shall be made upon forms prescribed and furnished by the California Department of Education. The application shall:
(a) Specify the institution which the applicant proposes to attend.
(b) Specify the course or courses in which the applicant proposes to enroll.
(c) State that if the scholarship is granted the applicant will enroll for credit in the course or courses so specified and will use the money only for tuition, living expenses, and other necessary educational costs at the institution.
(d) Specify whether the applicant will attend a regular session or a summer session, and, in either case, the beginning and closing dates of classroom work for the session shown in the catalogue of the institution conducting it.
(e) Have attached the statement of the chief administrative officer of the district in which the applicant is employed, or by such officer of any other school district, either that the applicant has been nominated, or if the applicant successfully completes the course described in the application he will be nominated, for the position of specialist teacher by the district and will be employed by that district during the following school year. (For this purpose, it is assumed that the applicant will pass the examination for “teacher specialist.”)
(f) Have attached to it a statement of the salary at which the applicant is employed, an estimate of other annual income received, and other information regarding income and expenses, as a basis of determination by the CDE of the financial need of the applicant.
(g) Include such information as the State Superintendent of Public Instruction may specify as a basis for determining the potential of the applicant to profit from the proposed course of study and to improve the reading program in any school in which he is employed to perform services.
NOTE
Authority cited: Sections 54171 and 56053, Education Code. Reference: Section 56050, Education Code.
HISTORY
1. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Repealer of Article 1 (Sections 5700-5706) and renumbering of Article 2 (Sections 5710-5712) to Article 1 filed 11-9-79; effective thirtieth day thereafter (Register 79, No. 45).
3. Change without regulatory effect amending first paragraph and subsections (f)-(g) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§5711. Review of Application; Recommendation.
History
An application for a scholarship grant shall be reviewed by the Department. Such review and the recommendation of the Superintendent of Public Instruction shall be made on the basis of the following criteria:
(a) The application is complete.
(b) The course or courses in which the applicant proposes to enroll are designed to improve the teaching of reading and have been approved by the State Board of Education.
(c) The course or courses of study in which the applicant will enroll for credit total at least six semester hours. An application proposing enrollment in a course or courses totaling less than six semester hours may be accepted if the Department finds that the course or courses require an amount of time spent in classroom or other instruction equal to that usually required for six semester hours of credit or that the instruction proposed will be of sufficient scope, sequence, and depth to compare favorably with the content of courses for which six semester hours are given.
(d) The need of the district by which the applicant is or will be employed for specialized programs in the teaching of reading is great.
(e) The applicant has the potential to profit from the proposed course of study and will make a substantial contribution to the reading program of any district which he may serve.
(f) The financial need of the applicant is such that he would be unlikely to enroll in, and complete, the course of study without the aid of the scholarship.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§5712. Use or Return of Scholarship.
History
Scholarship money shall be used only to meet expenses in connection with attendance at colleges and universities approved by the State Board for purposes of Section 54171 of the Education Code and for enrollment in courses approved by the Department.
If a scholarship is granted and the $250 is paid to the applicant, but the applicant is, for any reason, unable or unwilling to proceed with enrollment and completion of the course, the recipient of the award shall repay the $250 to the State Board, unless the Superintendent of Public Instruction shall find that the recipient actually enrolled in the course but for reasons beyond his control was unable to complete it.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Article 2. Loans to Teachers of Educationally Handicapped Minors for Specialized Preparation During the Summer (Section 56060 Loans)
§5720. Applicable Provisions of Article 1.
Note • History
The provisions of Article 1 of this chapter apply to guaranteed loans to teachers of educationally handicapped minors authorized by Education Code Sections 56060 through 56064 (hereinafter called Section 56060 Loans).
NOTE
Authority cited: Section 56063, Education Code. Issuing Agency: Superintendent of Public Instruction.
HISTORY
1. New Article 3 (§§ 5720, 5721, 5722) filed 3-27-70; effective thirtieth day thereafter (Register 70, No. 13).
2. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Renumbering of Article 3 (Sections 5720-5722) to Article 2 filed 11-9-79; effective thirtieth day thereafter (Register 79, No. 45).
§5721. Approval of Specialized Preparation.
The Superintendent of Public Instruction will issue, with the application for a loan, a list of institutions offering specialized preparation that he approves as designed to develop competencies for teaching educationally handicapped minors. The applicant shall choose specialized preparation at an institution so listed.
The Superintendent of Public Instruction will consider for listing only colleges and universities that meet both of the following requirements:
(a) They are approved by the State Board of Education (or comparable agency in state other than California) for preparing candidates for a teaching credential.
(b) They offer a program of specialized preparation in teaching educationally handicapped minors or portions of such a program in conjunction with a program of specialized preparation for teaching physically handicapped or mentally handicapped minors.
History
A loan made pursuant to this article shall be repaid to the Department of Education in accordance with instructions on the application form (Form No. SE-34) furnished by the Department. The loan shall be repaid in five (5) equal annual installments, beginning on the first day of July following the summer the recipient undertook the preparation for which the loan was made, and on July 1 of each year thereafter until paid. For good cause shown by the recipient, the Superintendent of Public Instruction may postpone the due date of any installment.
In order to receive the 20 percent credit authorized by Education Code Section 56063 in lieu of payment of an installment, the recipient shall present evidence that he taught educationally handicapped minors in the California public schools for the school year immediately preceding the July 1 when that installment is due. For the purposes of Education Code Section 56063 and this section, a “year” of teaching means teaching for the minimum school day applicable to the level taught for at least 75% of the number of days the regular schools of the district were maintained in the school year.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Subchapter 5. Instructional Time and Staff Development Reform Program
Note • History
For purposes of the Instructional Time and Staff Development Reform Program pursuant to Education Code sections 44579-44579.4 the following definitions shall apply:
(a) “Certificated classroom teacher” as used in Education Code section 44579.1(c)(1) means an employee of the school district or county office of education, employed in a position or positions requiring certification qualifications, whose duties require him or her to provide direct instruction to pupils in classrooms of the schools of that school district or county office of education. Certificated classroom teacher may include a substitute only if the employee or employees whom the substitute is replacing are not included for purposes of the Instructional Time and Staff Development Reform Program.
(b) “Certificated teaching assistant” as used in Education Code section 44579.1(c)(1) means a classified employee of the school district or county office of education who possesses a certificate issued pursuant to Education Code section 10020 and who is assigned to work in the classroom under the immediate supervision of a certificated classroom teacher.
(c) “Classified classroom instructional aide” as used in Education Code section 44579.1(c)(1) means a classified employee of the school district or county office of education, employed in a position or positions as defined in Education Code section 45343 whose duties require him or her to assist certificated classroom teachers in the classroom in the supervision and instruction of pupils.
(d) “Classroom instructional aide and assistant” as used in Education Code section 44579.1(c)(2) means an employee of a charter school who is assigned to assist a classroom teacher in the classroom in the supervision and instruction of pupils.
(e) “Classroom teacher” as used in Education Code section 44579.1(c)(2) means an employee of a charter school in a position or positions whose duties require him or her to provide direct instruction to pupils in classrooms of the charter school. Classroom teacher may include a substitute only if the employee or employees whom the substitute is replacing are not included for purposes of the Instructional Time and Staff Development Reform Program.
(f) “Core curriculum areas” as used in Education Code section 44579.1 means those areas of study specified in Education Code sections 51210(a) through (g) and 51220(a) through (j).
(g) “Number of teacher-days attendance” as used in Education Code section 44579.2(a)(3) means the sum of the full staff development days of attendance of the qualified classroom teachers, classroom instructional aides and teaching assistants of the school district, charter school, or county office of education.
NOTE
Authority cited: Sections 33031 and 44579.1(b), Education Code. Reference: Sections 10020, 41401, 44579-44579.4, 45343, 51210 and 51220, Education Code.
HISTORY
1. New subchapter 5 (sections 6000-6001) and section filed 2-2-98 as an emergency; operative 2-2-98 (Register 98, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-2-98 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 77, No. 39.
2. Subchapter 5 (sections 6000-6001) and section repealed by operation of Government Code section 11346.1(g) (Register 98, No. 43).
3. New subchapter 5 (sections 6000-6002) and section filed 10-23-98 as an emergency; operative 10-23-98 (Register 98, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-22-99 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-23-98 order, including amendment of subsection (e), transmitted to OAL 2-9-99 and filed 3-25-99 (Register 99, No. 13).
Note • History
“Records of attendance” as used in Education Code 44579.1(e) shall include a certification by a school district official that the contemporaneous record of attendance correctly represents the full days of attendance claimed for each of the participants claimed in Section 6002.
Each school district, charter school and county office of education participating in the Instructional Time and Staff Development Reform Program shall maintain a certification of the contemporaneous record of attendance of the eligible participants who attended each full staff development day for which the school district, charter school and county office of education requests grant funding pursuant to Education Code sections 44579-44579.4. If a single staff development day is conducted over several calendar days, the contemporaneous records must evidence that each eligible school district, charter school or county office of education employee who participated in the staff development day was present for the equivalent of a full-time instructional work day.
NOTE
Authority cited: Sections 33031 and 44579.1(b), Education Code. Reference: Sections 44579-44579.4, Education Code.
HISTORY
1. New section filed 2-2-98 as an emergency; operative 2-2-98 (Register 98, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-2-98 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 43).
3. New section filed 10-23-98 as an emergency; operative 10-23-98 (Register 98, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-22-99 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-23-98 order transmitted to OAL 2-9-99 and filed 3-25-99 (Register 99, No. 13).
§6002. Method of Application for Funds.
Note • History
To receive funding, eligible school districts, charter schools and county offices of education shall complete and file with the California Department of Education an Instructional Time and Staff Development Reform Program Application for Funding and certification (November 1998).
NOTE
Authority cited: Sections 33031 and 44579.1(b), Education Code. Reference: Sections 44579.1 and 44579.2, Education Code.
HISTORY
1. New section filed 10-23-98 as an emergency; operative 10-23-98 (Register 98, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-22-99 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-23-98 order, including amendment of section, transmitted to OAL 2-9-99 and filed 3-25-99 (Register 99, No. 13).
Subchapter 6. Positions Requiring Certification Qualifications [Renumbered]
HISTORY
1. Amendment and renumbering of Chapter 6 (Sections 5800-5802) to Article 6 (Sections 80125-80127) of Chapter 1 of Part VIII, filed 12-16-77; effective thirtieth day thereafter (Register 77, No. 51). For prior history, see Register 69, No. 34.
Subchapter 7. No Child Left Behind Teacher Requirements
Article 1. General
Note • History
For purposes of No Child Left Behind (NCLB) Teacher Requirements, the following definitions shall apply:
(a) “Advanced Certification” means a teacher who has achieved National Board Certification, or has completed the Subject Matter Verification Process for Middle and High School Level Teachers in Special Settings (VPSS January, 2007) as defined in section 6105.
(b) “Coursework Equivalent to Undergraduate Major” means thirty-two non-remedial semester units in a particular discipline from an accredited institution of higher education shall constitute coursework equivalent to an undergraduate major.
(c) “Credential” means a Preliminary, Professional Clear or Life Credential, or any teaching credential issued under prior statutes, that authorizes a person to teach in California K-12 schools.
(d) “Elementary, Middle and High School” means the local educational agency shall determine, based on curriculum taught, by each grade or by each course, if appropriate, whether a course is elementary, middle or high school.
(e) “First Day of School” is the first day of school that students report to the school per the district school calendar.
(f) “Grade Span”: The local educational agency shall determine, based on curriculum taught, which grades shall be included in the elementary, middle, or high school grade spans.
(g) “Hard-to-Staff Setting” means a middle or high school SRSA classroom, a middle or high school special education classroom, or a middle or high school alternative education program, as specified by California Education Code section 44865. Alternative education programs as specified in California Education Code section 44865 are limited to the following: home teacher, hospital classes, necessary small high schools, continuation schools, alternative schools, opportunity schools, juvenile court schools, county community schools, and district community day schools.
(h) “Hired” means a teacher is hired when they accept employment at the school district. The date a teacher is hired is not affected by a change of assignments or schools within the district. The date a teacher is hired in a district does not affect a teacher's “new” or “not new” to the profession status.
(i) “International Teacher” means a credentialed teacher prepared in a country other than the United States.
(j) “Level 1 Professional Development” means training that will provide a teacher the requisite understanding of each set of Content Standards for California Public Schools as outlined in the corresponding Framework for California Public Schools: Kindergarten through Grade Twelve. At least 36 hours in the core subject for which the teacher is being certified is required to substantively address subject matter content at this level.
(k) “Level 2 Professional Development” means training that will provide a teacher a more in-depth understanding than was provided in Level 1 of each set of the grades seven through twelve Content Standards for California Public Schools as outlined in the corresponding Framework for California Public Schools: Kindergarten through Grade Twelve from an advance standpoint. At least 36 hours in the core subject for which the teacher is being certified is required to substantively address subject matter content at this level.
(l) “SRSA” means Small Rural Schools Achievement Program as defined in the Elementary and Secondary Act of 1965, as amended, Title VI, Part B.
(m) “Teacher New to the Profession” means a teacher is new to the profession if they have graduated from an accredited institution of higher education and received a credential, or began an approved intern program, on or after July 1, 2002.
(n) “Teacher Not New to the Profession” means a teacher is not new to the profession if they graduated from an accredited institution of higher education and received a credential, or were enrolled in, or had completed, an approved intern program before July 1, 2002.
NOTE
Authority cited: Section 12001, Education Code. Reference: 20 USC 6319(a) and 7801(23); Section 44275.4, Education Code; Elementary and Secondary Act of 1965, as amended, Title VI, Part B; Improving Teacher Quality State Grants Title II, Part A Non-Regulatory Draft Guidance January 16, 2004; and Individuals with Disabilities Education Act (IDEA) of 2004 Federal Register of August 14, 2006.
HISTORY
1. New subchapter 7 (articles 1-6, sections 6100-6125), article 1 (section 6100) and section filed 2-27-2004; operative 2-27-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 9).
2. Amendment of subsection (d), new subsection (j) and amendment of Note filed 11-15-2004; operative 11-15-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 47).
3. Amendment of section and Note filed 5-21-2008; operative 6-20-2008 (Register 2008, No. 21).
Article 2. Elementary Level Teachers
Note • History
A teacher who meets NCLB requirements at the elementary level is one who:
(1) Holds at least a bachelor's degree, and
(2) Is currently enrolled in an approved intern program for less than three years or has a credential, and
(3) Meets the applicable requirements in Section 6102 or 6103.
NOTE
Authority cited: Section 12001, Education Code. Reference: 20 USC 7801(23), 20 USC 6319(a) and Improving Teacher Quality State Grants Title II, Part A Non-Regulatory Draft Guidance December 19, 2002.
HISTORY
1. New article 2 (sections 6101-6104) and section filed 2-27-2004; operative 2-27-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 9).
§6102. Elementary Teachers New to the Profession.
Note • History
A teacher who meets the NCLB requirements and is new to the profession at the elementary level, in addition to having at least a bachelor's degree and either being currently enrolled in an approved intern program for less than three years or holding a credential, must have passed a validated statewide subject matter examination certified by the Commission on Teacher Credentialing, including, but not limited to the California Subject Examination for Teachers (CSET) Multiple Subjects, Multiple Subject Assessment for Teachers (MSAT), and National Teaching Exams (NTE).
NOTE
Authority cited: Section 12001, Education Code. Reference: 20 USC 7801(23), 20 USC 6319(a) and Improving Teacher Quality State Grants Title II, Part A Non-Regulatory Draft Guidance December 19, 2002.
HISTORY
1. New section filed 2-27-2004; operative 2-27-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 9).
§6103. Elementary Teachers Not New to the Profession.
Note • History
A teacher who meets NCLB requirements and is not new to the profession at the elementary level, in addition to having at least a bachelor's degree and either being currently enrolled in an approved intern program for less than three years or holding a credential, must have completed one of the following:
(1) A validated statewide subject matter examination that the Commission on Teacher Credentialing has utilized to determine subject matter competence for credentialing purposes.
(2) A high objective uniform state standard evaluation conducted pursuant to Section 6104 and in conjunction with the teacher's evaluation and assessment pursuant to Education Code section 44662, to determine the teacher's subject matter competence in each of the academic subjects taught by the teacher.
NOTE
Authority cited: Section 12001, Education Code. Reference: 20 USC 7801(23), 20 USC 6319(a) and Improving Teacher Quality State Grants Title II, Part A Non-Regulatory Draft Guidance December 19, 2002.
HISTORY
1. New section filed 2-27-2004; operative 2-27-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 9).
§6104. High Objective Uniform State Standard Evaluation (HOUSSE).
Note • History
(a) The high objective uniform state standard evaluation shall consist of HOUSSE Part 1 and HOUSSE Part 2.
(1) HOUSSE Part 1 shall be a summation of:
(A) years of experience teaching in the grade span or subject. In no event shall years of experience account for more than half of the total points necessary to demonstrate subject matter competency.
(B) core academic coursework in assigned grade span or subject,
(C) in-depth standards aligned professional development, and
(D) service to the profession including but not limited to presenter or consultant of core content area standards-based professional development; core subject-matter mentor; academic curriculum coach; university supervising master teacher; instructor at a regionally accredited college/university in content area/content methodology; Beginning Teacher Support and Assessment support provider in the core content area; published author on core curriculum area; national/state recognition as “Outstanding Educator” in content area/grade span; leadership role in the core content area on a high school accreditation team; facilitator or leader of a local instructional materials adoption committee in the core subject taught.
(2) HOUSSE Part 2 shall consist of direct observation and portfolio assessment in the grade span or subject taught. HOUSSE Part 2 will only be conducted if HOUSSE Part 1 does not identify sufficient experience, coursework, professional development or service to demonstrate subject matter competence.
(b) The high objective uniform state standard evaluation observation and portfolio section (HOUSSE Part 2) may be conducted at the time and by the means utilized to satisfy Education Code section 44662, except that (1) subject matter shall be defined as the State Academic Content Standards adopted by the State Board of Education pursuant to Education Code section 60605 for the grades and subjects taught, and (2) competency shall be demonstrated by satisfactorily meeting standards 3 and 5.1 of the California Standards for the Teaching Profession adopted by the Commission on Teacher Credentialing pursuant to Education Code section 44225(a). The demonstration of subject matter competence shall include one or more of the following:
(1) Classroom observation,
(2) Demonstration of knowledge of the appropriate grade-level and subject State Academic Content Standards, and
(3) Portfolio review of lesson plans and student work for one academic period as defined by the teacher setting.
(c) Local educational agencies shall conduct the California High Objective Uniform State Standard Evaluation (HOUSSE) by completing Form 1 -- NCLB Teacher Requirements: Certificate of Compliance (revised December 2007), Form 2 -- California High Objective Uniform State Standard of Evaluation, CALIFORNIA HOUSSE, Part 1 -- Assessment of Qualifications and Experience (revised December 2007), and Form 3 -- California High Objective Uniform State Standard of Evaluation, CALIFORNIA HOUSSE, Part 2 -- Assessment of Current Qualifications through Classroom Observation and/or Portfolio Development (revised December 2007), as appropriate. Forms 1, 2, and 3 are hereby incorporated by reference into this section. Local education agencies may attach completed forms containing the same information as Forms 1, 2 and/or 3 to those forms rather than transcribing that information onto the applicable Form 1, 2, and 3.
(d) A teacher's supervising administrator shall be responsible for overseeing the high objective uniform state standard evaluation, and shall consult, if necessary, with a person or persons knowledgeable in the State Academic Content Standards for the grade span or subject for which the teacher is demonstrating subject matter competency. A teacher must demonstrate subject matter competency only once for each grade span or subject taught.
(e) If the teacher does not satisfactorily meet standards 3 and 5.1 of the California Standards for the Teaching Profession as part of the NCLB evaluation, then subject matter competency shall be demonstrated through completion of the Peer Assistance and Review Program for Teachers or other individualized professional development plan, pursuant to Education Code section 44664, aimed at assisting the teacher to meet standards 3 and 5.1 of the California Standards for the Teaching Profession.
NOTE
Authority cited: Section 12001, Education Code. Reference: 20 USC 7801(23), 20 USC 6319(a); Improving Teacher Quality State Grants Title II, Part A Non-Regulatory Draft Guidance December 19, 2002; and Individuals with Disabilities Education Act (IDEA) of 2004 Federal Register of August 14, 2006.
HISTORY
1. New section filed 2-27-2004; operative 2-27-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 9).
2. Amendment of section heading, section and Note filed 5-21-2008; operative 6-20-2008 (Register 2008, No. 21).
§6105. Subject Matter Verification Process for Middle and High School Level Teachers in Special Settings.
Note • History
(a) To use the Subject Matter Verification Process for Middle and High School Level Teachers in Special Settings (VPSS, January 2007), the teacher must be assigned a Hard-to-Staff Setting as defined in section 6100(g):
(1) Have at least a bachelors degree,
(2) Have an Intern Certificate/Credential for no more than three years, or a Credential, as defined in 6100(c).
(3) Have demonstrated compliance in one NCLB Core Academic Subject as defined in the NCLB (20 USC 9101[11]) including elementary multiple subjects.
(b) If a teacher has less than 32 semester non-remedial units but at least 20 total or 10 upper division non-remedial semester units (or quarter unit-equivalent) in a NCLB core academic subject as defined in NCLB section 9101[11], the teacher must complete a Level 2 High Quality Professional Development Course as defined in section 6100(k) in the NCLB core academic subject. At least 36 hours is required to substantively address subject matter content at Level 2.
(c) If the teacher has less than 20 total or 10 upper division non-remedial semester units (or quarter unit-equivalent) in an NCLB core academic subject, the teacher must complete a Level 1 High Quality Professional Development Course as defined in section 6100(j) and Level 2 High Quality Professional Development Course as defined in section 6100(k) in the NCLB core academic subject. At least 36 hours is required to substantively address subject matter content at Level 1. In addition, teachers must also complete the Level 2 requirements, which include at least an additional 36 hours.
(d) To meet the high quality professional development specifications for the Subject Matter Verification Process for Middle and High School Level Teachers in Special Settings, (VPSS, January 2007) the professional development will be consistent with state-adopted academic content standards, curriculum frameworks and adopted texts, and will incorporate the Assessment of Subject Matter Competency as outlined in the document California's Subject Matter Verification Process for Middle and High School Level Teachers in Special Settings (VPSS, January 2007).
(e) Teachers have up to three years from date of assignment as an eligible teacher to complete the program.
(f) The superintendent of any district/county shall attest that the professional development offered for Level 1 and Level 2 meets the subject matter specifications as outlined in section 6105(b), (c) and (d).
(g) The district/county shall make the master list of approved Level 1 and Level 2 Professional Development available to the public upon request.
NOTE
Authority cited: Section 12001, Education Code. Reference: 20 USC 7801(23), 20 USC 6319(a); Improving Teacher Quality State Grants Title II, Part A Non-Regulatory Draft Guidance December 19, 2002; and Individuals with Disabilities Education Act (IDEA) of 2004 Federal Register of August 14, 2006.
HISTORY
1. New section filed 5-21-2008; operative 6-20-2008 (Register 2008, No. 21).
Article 3. Middle and High School Level Teachers
§6110. Middle and High School Teachers.
Note • History
A teacher who meets NCLB requirements at the middle and secondary levels is one who:
(1) Holds at least a bachelor's degree, and
(2) Is currently enrolled in an approved intern program for less than three years or has a full credential, and
(3) Meets the applicable requirements in section 6111 or 6112.
NOTE
Authority cited: Section 12001, Education Code. Reference: 20 USC 7801(23), 20 USC 6319(a) and Improving Teacher Quality State Grants Title II, Part A Non-Regulatory Draft Guidance December 19, 2002.
HISTORY
1. New article 3 (sections 6110-6112) and section filed 2-27-2004; operative 2-27-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 9).
2. Amendment of subsection (a)(3) filed 6-5-2006; operative 6-5-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 23).
§6111. Middle and High School Teachers New to the Profession.
Note • History
(a) A teacher who meets NCLB requirements and is new to the profession at the middle and high school levels, in addition to having at least a bachelor's degree and either being currently enrolled in an approved intern program for less than three years or holding a credential in the subject taught, must have passed or completed one of the following for every core subject currently assigned:
(1) A validated statewide subject matter examination certified by the Commission on Teacher Credentialing,
(2) University subject matter program approved by the Commission on Teacher Credentialing,
(3) Undergraduate major in the subject taught,
(4) Graduate degree in the subject taught, or
(5) Coursework equivalent to undergraduate major.
(b) A new special education teacher who is currently enrolled in an approved special education intern program for less than three years or who holds a special education credential, and can demonstrate subject matter competence in mathematics, language arts, or science, may demonstrate competence in the other core academic subjects in which the teacher teaches through the High Objective Uniform State Standard Evaluation contained in article 2 section 6104 not later than two years after date of employment.
NOTE
Authority cited: Section 12001, Education Code. Reference: 20 USC 7801(23), 20 USC 6319(a) and Improving Teacher Quality State Grants Title II, Part A Non-Regulatory Draft Guidance December 19, 2002.
HISTORY
1. New section filed 2-27-2004; operative 2-27-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 9).
2. Designation of first paragraph as subsection (a) and new subsection (b) filed 11-15-2005; operative 11-15-2005 pursuant to Government Code section 11343.4(c) (Register 2005, No. 46).
§6112. Middle and High School Teachers Not New to the Profession.
Note • History
A teacher who meets NCLB requirements and is not new to the profession at the middle and high school levels, in addition to having at least a bachelor's degree and either being currently enrolled in an approved intern program for less than three years or holding a credential, must have passed or completed one of the following for every core subject currently assigned:
(1) A validated statewide subject matter examination that the Commission on Teacher Credentialing has utilized to determine subject matter competence for credentialing purposes,
(2) University subject matter program approved by the Commission on Teacher Credentialing,
(3) Undergraduate major in the subject taught,
(4) Graduate degree in the subject taught,
(5) Coursework equivalent to undergrad major,
(6) Advanced certification or credentialing (National Board Certification), or
(7) The high objective uniform state standard evaluation pursuant to article 2, section 6104.
NOTE
Authority cited: Section 12001, Education Code. Reference: 20 USC 7801(23), 20 USC 6319(a) and Improving Teacher Quality State Grants Title II, Part A Non-Regulatory Draft Guidance December 19, 2002.
HISTORY
1. New section filed 2-27-2004; operative 2-27-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 9).
2. Amendment of subsections (1) and (7) filed 6-5-2006; operative 6-5-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 23).
§6113. Middle and High School Teachers Rural Flexibility.
Note • History
(a) A teacher hired by a small rural LEA, as defined by the Small Rural School Achievement (SRSA) program, after the end of the 2003-04 school year, to teach multiple subjects must meet NCLB requirements in at least one core academic subject assigned but will have three years from the date of hire to obtain highly qualified status in all other core academic subjects assigned to teach.
(b) A teacher hired by a small rural LEA, as defined by the Small Rural School Achievement (SRSA) program, before the end of the 2003-04 school year, to teach multiple subjects must meet NCLB requirements in at least one core academic subject assigned but will have until the end of the 2006-07 school year to obtain highly qualified status in all other core academic subjects assigned to teach.
(c) In order to use this flexibility, covered LEAs will need to:
(1) provide high-quality professional development that increases the teachers' content knowledge in the additional subjects they teach; and
(2) provide mentoring or a program of intensive supervision that consists of structured guidance and regular, ongoing support so that teachers become highly qualified in the additional core academic subject(s) they teach.
NOTE
Authority cited: Section 12001, Education Code. Reference: 20 USC 7801(23), 20 USC 6319(a) and Improving Teacher Quality State Grants Title II, Part A Non-Regulatory Draft Guidance August 5, 2005.
HISTORY
1. New section filed 6-5-2006; operative 6-5-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 23).
Article 4. State Certification Not Meeting NCLB Teacher Requirements
§6115. State Certification Not Meeting NCLB Teacher Requirements.
Note • History
A teacher does not meet the NCLB teacher requirements for the core academic subject taught if:
(1) Teaching with an Emergency Permit, or
(2) Teaching with state or local waivers for the grade or subject taught, or
(3) Teaching as a pre-intern pursuant to Education Code Section 44305 et seq.
NOTE
Authority cited: Section 12001, Education Code. Reference: 20 USC 6319(a) and 7801(23); Section 44275.4, Education Code; and Improving Teacher Quality State Grants Title II, Part A Non-Regulatory Draft Guidance January 16, 2004.
HISTORY
1. New article 4 (section 6115) and section filed 2-27-2004; operative 2-27-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 9).
2. Amendment of article heading and section heading, repealer of subsection (2), subsection renumbering and amendment of Note filed 11-15-2004; operative 11-15-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 47).
§6116. Teachers with Supplementary Authorizations and Local Teaching Assignment Options.
Note • History
Teachers who hold a supplementary authorization or are employed on a local teaching assignment who meet the NCLB Teacher Requirements are those who:
(1) hold a California teaching credential; and
(2) have demonstrated subject matter competency for the grade span and subject matter taught.
NOTE
Authority cited: Section 12001, Education Code. Reference: 20 USC 6319(a) and 7801(23); and Improving Teacher Quality State Grants Title II, Part A Non-Regulatory Draft Guidance January 16, 2004.
HISTORY
1. New section filed 11-15-2004; operative 11-15-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 47).
Article 5. One-Time Compliance
Note • History
Once a school district has determined that a teacher meets the NCLB Teacher Requirements for the grade span and/or subject taught, that teacher will not be required to demonstrate that they meet the requirements again for the same grade span and/or subject taught, even if they are later hired by another school district in California.
NOTE
Authority cited: Section 12001, Education Code. Reference: 20 USC 7801(23), 20 USC 6319(a) and Improving Teacher Quality State Grants Title II, Part A Non-Regulatory Draft Guidance December 19, 2002.
HISTORY
1. New article 5 (section 6120) and section filed 2-27-2004; operative 2-27-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 9).
Article 6. Teachers from Out-of-State
§6125. Teachers from Out-of-State.
Note • History
Teachers who have met the subject matter competency requirements of NCLB in states outside of California shall also be considered to have met those requirements for that subject and grade span in California. California's credentialing reciprocity is not affected by the requirements of NCLB.
The date of issuance of a valid teaching credential issued by states outside of California shall be used to identify a teacher as new or not new to the profession in California.
NOTE
Authority cited: Section 12001, Education Code. Reference: 20 USC 6319(a) and 7801(23); Section 44275.4, Education Code; and Improving Teacher Quality State Grants Title II, Part A Non-Regulatory Draft Guidance January 16, 2004.
HISTORY
1. New article 6 (section 6125) and section filed 2-27-2004; operative 2-27-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 9).
2. Amendment of section and Note filed 11-15-2004; operative 11-15-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 47).
§6126. International Teachers.
Note • History
A teacher from another country who meets the NCLB Teacher Requirements is one who:
(1) Holds a degree from a foreign college or university that is at least equivalent to a bachelor's degree offered by an American institution of higher education.
(2) Has completed a teacher preparation program that meets the California Commission on Teacher Credentialing requirements for out-of-country trained teachers.
(3) Demonstrates subject matter competency for the grade span and subjects taught through the same or equivalent processes and methods required of California Teachers.
(4) Holds a California teaching credential.
NOTE
Authority cited: Section 12001, Education Code. Reference: 20 USC 6319(a) and 7801(23); and Improving Teacher Quality State Grants Title II, Part A Non-Regulatory Draft Guidance January 16, 2004.
HISTORY
1. New section filed 11-15-2004; operative 11-15-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 47).
Chapter 7. Credentials and Institutions Preparing Candidates for Credentials [Repealed]
Subchapter 17. Teacher Preparation and Licensing Law of 1970 [Renumbered]
HISTORY
1. Amendment and renumbering of Subchapter 17, Articles 1-5 (Sections 5900-5991, not consecutive) to Part VIII, Chapter 1, Articles 1-4 (Sections 80000-80095, not consecutive), filed 12-16-77; effective thirtieth day thereafter (Register 77, No. 51). For prior history, see Registers 77, No. 44, No. 33, No. 21, No. 13; Registers 76, No. 49, No. 43, No. 25, No. 21, No. 17, No. 12, No. 5; Registers 75, No. 27, No. 25, No. 16; Registers 74, No. 51, No. 45; and Register 73, No. 26.
Subchapter 18. All Prior Credentials and Life Diplomas of Any Kind Whatsoever [Repealed]
HISTORY
1. Repealer of subchapter 18 (articles 1-9, sections 6000-6097, nonconsecutive) filed 3-26-81; operative 4-25-81 (Register 81, No. 13). For prior history, see Register 80, No. 3 and Register 80, No. 5.
Subchapter 18.1. Credentials Authorized by the Licensing of Certificated Personnel Law of 1961 [Repealed]
HISTORY
1. Repealer of Subchapter 18.1 (Sections 6100-6562, not consecutive) filed 1-11-79; effective thirtieth day thereafter (Register 79, No. 2). For history of former Subchapter 18.1, see Registers 63, Nos. 9 and 25; 64, No. 17; 65, No. 12; 66, Nos. 5 and 23; 67, Nos. 16, 24 and 38; 68, Nos. 7, 23, 39, 44 and 48; 69, Nos. 3, 16, 20 and 21; 70, Nos. 3, 13, 25, 29 and 50; 72, No. 43; and 75, No. 39. Subchapter 18.1 originally filed 5-31-63; designated effective 1-1-64.
Subchapter 18.2. Restricted Credentials [Repealed]
HISTORY
1. Repealer of Subchapter 18.2 (Sections 6570-6604, not consecutive) filed 1-11-79; effective thirtieth day thereafter (Register 79, No. 2). For history of former Subchapter 18.2, see Registers 67, No. 51; 68, No. 48; and 70, Nos. 3 and 13.
Subchapter 18.3. Internship Credentials Issued under the Teacher Education Internship Act of 1967, As Amended [Repealed]
NOTE
Authority cited: Sections 152 and 13225, Education Code.
HISTORY
1. Transfer of Subchapter 18.3 of Chapter 1 to Division 7, Chapter 1, with same section numbers, filed 1-14-70 (Register 70, No. 3). For prior history see Register 67, No. 51 and 68, No. 48.
2. Certificate of Compliance filed 3-23-70 (Register 70, No. 13).
3. Repealer of Subchapter 18.3 (Sections 6620-6624) filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
Subchapter 18.4. Provisional and Miscellaneous Credentials [Repealed]
HISTORY
1. Repealer of Subchapter 18.4 (Sections 6630-6675, not consecutive) filed 1-11-79; effective thirtieth day thereafter (Register 79, No. 2). For history of former Subchapter 18.4, see Registers 70, Nos. 25 and 27; 71, Nos. 25 and 28; 72, Nos. 25 and 40; 78, Nos. 10 and 22.
Subchapter 19. Validation of Service Without a Credential [Renumbered]
HISTORY
1. Redesignation from chapter 2 of part I (section 6680) to chapter 5 of part VIII (sections 80600-80606, not consecutive) filed 1-11-79; effective thirtieth day thereafter (Register 79, No. 2). For prior history, see Registers 70, No. 9 and 68, No. 7.
2. Editorial redesignation only of former chapter 2 to subchapter 19 due to reformatting of the California Code of Regulations (Register 90, No. 17).
Subchapter 20. Accreditation of Teacher Education Institutions for Teacher Certification Purposes [Repealed]
NOTE
Authority cited for chapter 3 (sections 6685-6692 and 6694-6699): Section 13101, Education Code.
HISTORY
1. Editorial renumbering of subchapter 3.5, sections 800-807 and 820-826, to division 7, chapter 3, sections 6685-6692 and 6694-6699, respectively (Register 70, No. 9). For prior history, see Registers 54, No. 11; No. 12; and 63, No. 18.
2. Repealer of chapter 3 (sections 6685-6699, not consecutive) filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
3. Editorial redesignation only of former chapter 3 to subchapter 20 due to reformatting of the California Code of Regulations (Register 90, No. 17).
Chapter 9. Instructional Materials*
*For State Board procedures relating to text books, see Div. 20.
Subchapter 1. Elementary Instructional Materials
Article 1. General Provisions
Note • History
NOTE
Authority cited: Sections 33031, 60401 and 60500, Education Code. Reference: Sections 20241(e)(2) and 60024 Education Code.
HISTORY
1. Amendment of section and N filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39). For prior history, see Register 75, No. 40.
2. Repealer filed 6-17-83; effective thirtieth day thereafter (Register 83, No. 25).
§9501. Ownership of Materials. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031, 60401 and 60500, Education Code. Reference: Sections 60295 and 60315, Education Code.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Repealer filed 6-17-83; effective thirtieth day thereafter (Register 83, No. 25).
§9502. Loan of Instructional Materials. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031, 60404 and 60500, Education Code. Reference: Sections 60314 and 60315, Education Code.
HISTORY
1. Repealer filed 6-17-83; effective thirtieth day thereafter (Register 83, No. 25).
§9503. Distribution of Large Print Textbooks. [Repealed]
History
HISTORY
1. Repealer filed 6-17-83; effective thirtieth day thereafter (Register 83, No. 25).
§9504. Distribution of Braille Textbooks. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031, 60401 and 60500, Education Code. Reference: Section 60312, Education Code.
HISTORY
1. Repealer filed 6-17-83; effective thirtieth day thereafter (Register 83, No. 25).
§9505. Purchase of In-Service Training.
Note • History
No cash allotment authorized by Education Code Section 60242(b) for purchase of in-service training shall be expended for salaries or for travel or per diem expenses of district employees during or attendant to participation in such in-service training.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 60242(b), Education Code.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. New NOTE filed 6-17-83; effective thirtieth day thereafter (Register 83, No. 25).
§9506. Improvement of Quality and Reliability Through Learner Verification.
Note • History
A plan developed by a publisher or manufacturer to improve the quality and reliability of instructional materials through learner verification shall include, but not be limited to, the following components:
(a) A design for evaluating the effectiveness of the materials in achieving a positive impact on pupil learning, including the effectiveness of the materials with diverse pupil populations and pupils with special needs.
(b) A description of the process for the collection of field testing data.
(c) Provisions for input on the materials from parents, teachers, pupils, and administrators.
(d) A description of the process by which problems with the materials will be identified and a description of the anticipated procedures for solving the problems.
NOTE
Authority cited: Sections 33031 and 60206, Education Code. Reference: Section 60226, Education Code; and Engelmann v. State Board of Education (1991), 2 Cal. App. 4th 47, 50.
HISTORY
1. New section filed 8-28-96; operative 9-27-96 (Register 96, No. 35).
Article 2. Adoption of Curriculum Frameworks, Evaluation Criteria and Instructional Materials -- Procedures
Note • History
For purposes of curriculum frameworks, evaluation criteria and instructional materials adoptions, the following definitions shall apply:
(a) “Adoption Report” is the final report reflecting the State Board of Education's (SBE) action on instructional materials submitted for adoption.
(b) “CDE” is the California Department of Education.
(c) “Commission” is the Instructional Quality Commission as referenced in Education Code section 33530.
(d) “Commission Advisory Report” is produced by the Commission to indicate whether each set of instructional materials submitted for adoption meets the content standards, curriculum frameworks, evaluation criteria, and social content standards for a particular adoption. The Commission Advisory Report shall include, at a minimum:
(1) a recommendation for or against the adoption of each set of instructional materials, and
(2) if applicable, a list of edits and corrections that should be made to the instructional materials as a condition of adoption.
(e) “Commissioner” is an individual appointed to the Commission, pursuant to Education Code section 33530.
(f) “Content Standards” are those adopted by the SBE, pursuant to Education Code section 60605, et seq.
(g) “Deliberations” means the time set forth in the Schedule of Significant Events when Content Review Experts (CREs) and Instructional Materials Reviewers (IMRs) assemble into review panels and meet in open publicly-noticed meetings to discuss and make recommendations regarding the instructional materials submitted for adoption.
(h) “Edits and corrections” are changes that must be made to submitted instructional materials to meet the social content standards, to ensure accuracy, or to achieve clarity and that are minimal in number, and include, but are not limited to:
(1) Misquoted content standards;
(2) Imprecise definitions;
(3) Mislabeled pictures or objects;
(4) Grammatical errors or misspellings;
(5) Simple factual errors;
(6) Computational errors.
(i) “Evaluation criteria” are adopted by the SBE for the evaluation of submitted instructional materials, pursuant to Education Code section 60005(c)(2).
(j) “Executive Committee” is a subcommittee of the Commission that is comprised of the chairperson and vice chairperson of the Commission and three other Commissioners chosen by the Commission, with the primary purpose of advising the Commission on issues related to internal governance of the Commission and its subcommittees and advisory groups.
(k) “Facilitator” is a Commissioner, former Commissioner, IMR or CDE employee assigned by the Commission to help each IMR/CRE review panel organize and reach consensus during deliberations. The SBE must approve the participation of any facilitator who is not a current Commissioner. Facilitators shall be trained by CDE staff, Commissioners, SBE members, or other parties approved by SBE, during publicly-noticed meetings prior to deliberations.
(l) “Free instructional materials” refer to instructional materials provided at no cost by a publisher to a county office of education, district board, elementary school, middle school or high school.
(m) “IMR/CRE Report of Findings” is compiled by CDE and contains the determinations of all the IMR and CRE review panels as to whether the instructional materials reviewed by each panel meet the content standards, curriculum frameworks, evaluation criteria, and social content standards for a particular adoption. The report shall include, at a minimum:
(1) a recommendation for or against the adoption of each set of instructional materials, and
(2) if applicable, a list of edits and corrections that should be made to the instructional materials as a condition of adoption.
(n) “Invitation to Submit Instructional Materials” (Invitation to Submit) is the document prepared by the CDE for each instructional materials adoption that:
(1) identifies the applicable content standards, curriculum framework and evaluation criteria for the adoption;
(2) sets out the statutes, regulations, and timelines that govern the adoption process; and
(3) invites publishers to participate in the process.
(o) “Learning Resources Display Center” (LRDC) is where instructional materials, curriculum frameworks and evaluation criteria that are submitted for adoption shall be available for public viewing, pursuant to Education Code section 60202.
(p) “Period of adoption” is the length of time established by the SBE, as set forth in the Schedule of Significant Events, that instructional materials adopted by the SBE shall be available for procurement, pursuant to Education Code section 60200(i).
(q) “Publisher” is any company, person, or entity that submits instructional materials for adoption.
(r) “Rewrites” are extensive changes that would need to be made to instructional materials in order for them to meet the content standards, curriculum frameworks, evaluation criteria or social content standards and include, but are not limited to:
(1) Revising a section, chapter or entire page;
(2) Adding new content;
(3) Moving materials from one grade level to another.
(s) “Schedule of Significant Events” is a timeline adopted by the SBE for each instructional materials adoption that sets out the dates for key events that will take place during the adoption. The Schedule of Significant Events is included in the Invitation to Submit document and is posted on the CDE website.
(t) “Social content standards” are those set forth in the publication entitled Standards for Evaluating Instructional Materials for Social Content, 2000 Edition, incorporated by reference.
(u) “Standards and evaluation criteria maps” are templates prepared by the CDE and approved by the SBE for each adoption that must be completed by publishers submitting instructional materials for adoption and are designed to determine if instructional materials meet the content standards and evaluation criteria. The standards and evaluation criteria maps are available on the CDE website.
(v) “Subject Matter Committees” are subcommittees of the Commission composed of Commissioners, whose members are selected by the Commission, each with the primary purpose of assisting the Commission in making recommendations on matters related to a particular subject matter area and shall exist for the following subject matter areas:
(1) Foreign Language
(2) History-Social Science
(3) Mathematics
(4) Physical Education
(5) Reading/Language Arts/English Language Development
(6) Science
(7) Visual/Performing Arts
(8) Health
NOTE
Authority cited: Sections 33031, 60005 and 60206, Education Code. Reference: Sections 33530, 60010, 60048, 60061, 60200, 60202, 60204 and 60605, Education Code.
HISTORY
1. Amendment of article heading and section heading, new section and amendment of Note filed 3-3-2008; operative 4-2-2008 (Register 2008, No. 10). For prior history of section, see Register 2001, No. 4.
2. Change without regulatory effect amending and reordering subsections (c), (d), (e) and (f) and amending subsections (j)-(k) and (v) filed 1-10-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 2).
§9510.5. Internal Governance of the Commission.
Note • History
The Commission, through its own bylaws, approved by the SBE, shall provide for its internal governance, including, but not limited to, the election of its officers and the establishment of its subcommittees and advisory groups.
NOTE
Authority cited: Sections 33031, 60005, 60204 and 60206, Education Code. Reference: Section 33003 and 60206, Education Code.
HISTORY
1. New section filed 3-3-2008; operative 4-2-2008 (Register 2008, No. 10).
2. Change without regulatory effect amending section heading and section filed 1-10-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 2).
§9511. Curriculum Framework and Evaluation Criteria Committee Establishment, Composition and Membership Qualifications.
Note • History
(a) At the SBE's request, the Commission shall recommend a curriculum framework and evaluation criteria to the SBE.
(b) The SBE may establish a Curriculum Framework and Evaluation Criteria Committee (CFCC) to assist in the process of developing a curriculum framework and evaluation criteria for a particular content field and to make a recommendation to the Subject Matter Committee, Commission and SBE regarding a curriculum framework and evaluation criteria.
(c) When the SBE requests that the Commission recommend a curriculum framework and evaluation criteria, the CDE shall convene four public focus groups of educators in different regions of California to provide comment to the Commission, the CFCC (if established), and the SBE.
(d) The CFCC shall be composed of a minimum of 9 to a maximum of 20 members appointed by the SBE.
(e) The Commission shall make recommendations to the SBE on appointing CFCC members according to the qualifications stated below. The SBE may also consider recommendations from CDE, SBE staff, members of the SBE and the public according to the qualifications stated below.
(f) A majority of CFCC members, at the time of appointment, shall be teachers who teach students in kindergarten or grades 1-12 and have a “professional” credential (5 CCR 80001) under state law, and meet the definition of “highly qualified” (20 USC 7801(23)) under federal law. At least one such teacher shall have experience in providing instruction to English Learners, and at least one such teacher shall have experience in providing instruction to students with disabilities.
(g) CFCC members who are teachers as described in subsection (f) above shall have experience with, and expertise in, standards-based educational programs and practices in the content field under consideration.
(h) At least one CFCC member shall be a Content Review Expert (CRE) and shall meet the qualifications set forth in section 9512.
(i) Other CFCC members may be administrators, parents, local school board members, teachers not described in the first sentence of subsection (f) above, and members of the public.
(j) The SBE shall appoint CFCC members who are reflective of the various ethnic groups, types of school districts, and regions in California.
(k) CFCC members shall receive training and information during publicly-noticed meetings from any of the following as recommended by the Commission and approved by the SBE:
(1) Current and former CDE staff, Commissioners, SBE members and CREs;
(2) Subject matter experts whose qualifications are consistent with those for CREs as set forth in section 9512.
(l) CFCC members shall serve until they make their recommendations to the Commission and SBE.
(m) All CFCC members operate under the guidance and at the pleasure of the SBE.
NOTE
Authority cited: Sections 33031, 60005, 60200 and 60206, Education Code. Reference: Sections 33530 and 60204, Education Code.
HISTORY
1. New section filed 9-10-92; operative 10-12-92. Submitted to OAL for printing only pursuant to Education Code section 60004 (Register 92, No. 37).
2. Amendment of section and Note filed 8-28-96; operative 9-27-96 (Register 96, No. 35).
3. Amendment of section and Note filed 1-22-2001; operative 2-21-2001 (Register 2001, No. 4).
4. Amendment of section heading, repealer and new section and amendment of Note filed 3-3-2008; operative 4-2-2008 (Register 2008, No. 10).
5. Change without regulatory effect amending subsections (a)-(c), (e), (k)-(k)(1) and (l) filed 1-10-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 2).
§9512. Appointment of Instructional Materials Reviewers and Content Review Experts.
Note • History
(a) The SBE shall appoint Instructional Material Reviewers (IMRs) and Content Review Experts (CREs) to serve as advisors to the Curriculum Commission and SBE, in the review of instructional materials submitted for adoption. At least one CRE shall also be appointed to participate on each CFCC.
(b) The Commission shall make recommendations to the SBE on appointing IMRs and CREs according to the qualifications stated below. The SBE may also consider recommendations from CDE, SBE staff, members of the SBE and the public according to the qualifications stated below.
(c) A majority of IMRs, at the time of appointment, shall be teachers who teach students in kindergarten or grades 1-12 and have a “professional” credential under (5 CCR 80001) state law, and meet the definition of “highly qualified” (20 USC 7801(23)) under federal law, and who have experience with, and expertise in, standards-based-educational programs and practices in the content field under consideration. At least one such teacher shall have experience in providing instruction to English Learners, and at least one such teacher shall have experience in providing instruction to students with disabilities.
(d) Other IMRs may be administrators, parents, local school board members, teachers not described in the first sentence of subsection (c) above, and members of the public.
(e) When the instructional materials, or curriculum frameworks and evaluation criteria, considered for adoption are in a content field other than reading/language arts and visual/performing arts, the CREs shall hold a doctoral degree in that field or related field.
(f) When the instructional materials, or curriculum frameworks and evaluation criteria, considered for adoption are (1) in the content field of reading/language arts or visual/performing arts, the CREs shall have a masters degree or higher in that field and 5 or more years of experience with, and expertise in, standards-based educational programs and practices in that field, or (2) in the content field of reading/language arts, a doctoral degree and expertise in “research on how reading skills are acquired” as defined in Education Code section 44757.5.
(g) The SBE shall appoint IMRs and CREs who are reflective of the various ethnic groups, types of school districts, and regions in California.
(h) IMRs and CREs shall receive training and information during publicly-noticed meetings from any of the following as recommended by the Commission and approved by the SBE:
(1) Current and former CDE staff, Commissioners, SBE members and CREs;
(2) Subject matter experts whose qualifications are consistent with those for CREs as set forth in this section.
(i) IMRs and CREs shall serve until the SBE acts to adopt or not adopt the submitted instructional materials. CREs who are appointed to serve on a CFCC shall serve until the CFCC makes its recommendations to the Commission and SBE.
(j) All IMRs and CREs operate under the guidance and at the pleasure of the SBE.
NOTE
Authority cited: Sections 33031, 60005, 60200 and 60206, Education Code. Reference: Sections 33530 and 60204, Education Code.
HISTORY
1. New section filed 3-3-2008; operative 4-2-2008 (Register 2008, No. 10).
2. Change without regulatory effect amending subsections (b), (h)-(h)(1) and (i) filed 1-10-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 2).
§9513. Application Process for Curriculum Framework and Evaluation Criteria Committee Members, Instructional Materials Reviewers and Content Review Experts.
Note • History
(a) At least 90 days before the scheduled date of appointment by the SBE, the CDE shall distribute application forms, approved as to form by the SBE, to become a CFCC member, an IMR, or a CRE to districts, county offices, Learning Resources Display Centers (LRDCs) and others upon request, as well as post the application forms on the CDE website, to ensure sufficient time for interested parties to complete and submit applications to the Commission.
(b) The CDE shall assist the Subject Matter Committee and the Commission in reviewing all the submitted applications to ensure applications are complete.
(c) All completed applications, with the exception of personal information, shall be available for viewing at the CDE and SBE during normal business hours and at every publicly-noticed meeting at which the applications are considered.
(d) Prior to the SBE taking any action to appoint applicants, a list of the applicants' names and respective employers, if applicable, shall be posted on the CDE website and provided to the SBE. Upon action by the SBE, the list shall be updated to indicate whether or not each applicant was appointed.
NOTE
Authority Cited: Sections 33031, 60005, 60200 and 60206, Education Code. Reference: Sections 33530 and 60204, Education Code.
HISTORY
1. New section filed 3-3-2008; operative 4-2-2008 (Register 2008, No. 10).
2. Change without regulatory effect amending subsections (a) and (b) filed 1-10-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 2).
§9514. Prohibited Communications.
Note • History
(a) Publishers or their representatives shall not communicate with facilitators, IMRs and CREs, during their tenure, and facilitators, IMRs and CREs, during their tenure, shall not communicate with publishers or their representatives, about anything related to the evaluation or adoption of instructional materials submitted for adoption, other than when publishers are making presentations or public comment in open publicly-noticed meetings. When publishers or their representatives, or facilitators, IMRs or CREs, make a prohibited communication, the SBE may take corrective action, including disqualification of the publisher, facilitator and IMR/CRE from further participation in the adoption.
(b) Publishers, or their representatives, shall not communicate with Commissioners about anything related to the evaluation or adoption of instructional materials, other than during the times for public comment in open publicly-noticed meetings, or other than through written submissions addressed to all Commissioners in care of the Executive Director of the Commission, between the date set forth in the Schedule of Significant Events when instructional materials are delivered to IMRs, CREs and LRDCs and the date when the SBE takes action to adopt. When publishers or their representatives, or commissioners make a prohibited communication, the SBE may take corrective action, including disqualification of the publisher and the Commissioner from further participation in the adoption.
(c) Notwithstanding the above prohibitions, facilitators, IMRs, CREs, and Commissioners may contact publishers for technical assistance in using electronic instructional materials.
(d) Notwithstanding the above prohibitions, publishers or their representatives may communicate with the chairperson, or designee, of the Commission or the chairperson, or designee, of the Subject Matter Committee involved in the adoption during the time set forth for deliberations.
NOTE
Authority Cited: Sections 33031 and 60206, Education Code. Reference: Sections 33530, 60200 and 60204, Education Code.
HISTORY
1. New section filed 3-3-2008; operative 4-2-2008 (Register 2008, No. 10).
2. Change without regulatory effect amending subsections (b)-(d) filed 1-10-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 2).
Article 2.1. Adoption of Curriculum Frameworks and Instructional Materials - Procedures
§9515. Public Inspection of, and Comment on, Curriculum Framework and Evaluation Criteria.
Note • History
(a) Prior to recommending a curriculum framework and evaluation criteria to the SBE, the Commission shall:
(1) direct the appropriate Subject Matter Committee to consider the draft curriculum framework and evaluation criteria developed by the CFCC, if applicable, and submit its recommendation to the Commission;
(2) consider the recommendation from the Subject Matter Committee;
(3) approve a draft curriculum framework and evaluation criteria and make it available for public review and comment for a minimum of 60 days. The CDE shall ensure that the draft curriculum framework and evaluation criteria is posted on the CDE website for the entire period, and available at the LRDCs during this period; and
(4) hold at least one publicly-noticed meeting to receive comment on the draft curriculum framework and evaluation criteria as referenced below.
(b) Any comment from a member of the public regarding a draft curriculum framework and evaluation criteria that is received by the Executive Director of the Commission not later than 14 days prior to the date set for the publicly-noticed meeting at which the Commission is scheduled to consider whether to recommend the draft curriculum framework and evaluation criteria to the SBE for adoption, will be distributed to members of the Commission not later than 3 days before the meeting. Notice of the 14-day deadline, and the Executive Director's mail, email, and facsimile addresses, shall be posted on the CDE website and at the LRDCs at least 60 days before the meeting.
(c) After the Commission recommends a curriculum framework and evaluation criteria to the SBE for adoption, the CDE shall ensure that the recommended curriculum framework and evaluation criteria is posted on the CDE website for a 60-day period, and available at the LRDCs during this period, for public review and comment prior to consideration by SBE for adoption.
(d) Nothing in this section shall restrict a member of the public from directly addressing a state body at any publicly-noticed meeting, orally or in writing, relating to a curriculum framework and evaluation criteria.
NOTE
Authority cited: Sections 33031, 60005 and 60206, Education Code. Reference: Sections 60202 and 60204, Education Code; Section 11125.7, Government Code.
HISTORY
1. New Article 2.1 (sections 9515-9524) and section adopted by the Department of Education on 12-5-94. New section submitted to OAL for printing only on 12-6-94, effective 12-30-94. Exempt from Chapter 3.5 of the Government Code pursuant to Education Code section 60004 (Register 95, No. 3).
2. New subsection (f) and amendment of Note filed 12-8-2004; operative 1-7-2005 (Register 2004, No. 50).
3. Amendment relocating article 2.1 heading from section 9515 to section 9527, amendment of section heading, repealer and new section and amendment of Note filed 3-3-2008; operative 4-2-2008 (Register 2008, No. 10).
4. Change without regulatory effect amending subsections (a)-(a)(1) and (b)-(c) filed 1-10-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 2).
§9516. Public Meetings Held by the Commission and the SBE Regarding Curriculum Frameworks and Evaluation Criteria.
Note • History
(a) Prior to recommending a curriculum framework and evaluation criteria to the SBE for adoption, the Commission shall hold at least one publicly-noticed meeting. To recommend a curriculum framework and evaluation criteria to the SBE, the Commission must conduct a roll call vote with at least 9 affirmative votes required for the recommendation, or at least 10 affirmative votes required for the recommendation when all 18 commissioners vote.
(b) Prior to adopting a curriculum framework and evaluation criteria, the SBE shall receive the recommendation of the Commission and hold at least one publicly-noticed meeting.
NOTE
Authority cited: Sections 33031, 60005 and 60206, Education Code. Reference: Sections 60200 and 60204, Education Code.
HISTORY
1. New section adopted by the Department of Education on 12-5-94. New section submitted to OAL for printing only on 12-6-94, effective 12-30-94. Exempt from Chapter 3.5 of the Government Code pursuant to Education Code section 60004 (Register 95, No. 3).
2. Amendment of section heading, repealer and new section and amendment of Note filed 3-3-2008; operative 4-2-2008 (Register 2008, No. 10).
3. Change without regulatory effect amending section heading and section filed 1-10-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 2).
§9517. Procedures for Submitting Instructional Materials for Adoption.
Note • History
(a) The CDE shall provide a copy of the Invitation to Submit to every publisher that submits a request and also make it available on its website.
(b) Publishers shall adhere to all dates and times set forth in the Schedule of Significant Events, as approved by the SBE.
(c) On or before 5:00 p.m. on the date specified in the Schedule of Significant Events, publishers shall provide to the CDE a CD-ROM and hard copy containing the following submission information (Failure to meet this deadline shall result in disqualification of the instructional materials from further consideration in the current adoption unless the publisher can show the CDE that there were extenuating and compelling circumstances involving natural disasters or independent carriers beyond the control of the publisher.):
(1) A list of all instructional materials that will be submitted for adoption.
(2) A short narrative description of the instructional materials that will be submitted. The description should not exceed 6 pages, single spaced.
(3) A description of the technology requirements that will be necessary to review the submitted instructional materials.
(4) Contact information for the publisher's primary contact for the adoption, a California contact, and a contact for technology-based matters.
(d) Upon its determination that the submission information is complete, the CDE will request samples of all instructional materials for evaluation.
(e) On or before 5:00 P.M. on the date specified in the Schedule of Significant Events, publishers shall provide to the CDE completed standards and evaluation criteria maps on a CD-ROM and in hard copy for all instructional materials that have been accepted for evaluation.
(f) On or before 5:00 P.M. on the date specified in the Schedule of Significant Events, publishers shall deliver samples of all instructional materials that have been accepted for evaluation to the evaluators and locations specified by CDE. Failure to meet this deadline shall result in disqualification of the instructional materials from further consideration in the current adoption unless the publisher can show CDE that there were extenuating and compelling circumstances involving natural disasters or independent carriers beyond the control of the publisher.
(g) Publishers shall deliver all samples free of shipping, handling, sampling, or other charges.
(h) Publishers shall include in instructional materials submitted for adoption, only content standards approved by the SBE and specified in the evaluation criteria for the adoption. Adopted instructional materials shall not include references to national standards or standards from other states.
(i) Publishers shall list, in the teacher's edition and/or in the student's edition submitted for adoption, only authors, reviewers, consultants, advisors, field test teachers, and others who actually contributed to the development of the materials and the capacity in which they served.
(j) Publishers shall submit all instructional materials in the same physical form that will be offered for purchase during the adoption period with the following exceptions:
(1) Audio recordings may be submitted in manuscript form;
(2) Artwork may appear in black and white that will ultimately appear in color in the instructional materials offered for purchase during the adoption period.
(3) Alternate formats as described in section 9528.
(k) Except as described in sections 9528 and 9529, publishers shall not change or modify instructional materials after the date specified in the Schedule of Significant Events for delivery of instructional materials to IMRs, CREs and LRDCs. Instructional materials changed or modified after this delivery date shall be disqualified from consideration in the adoption unless the changes or modifications are approved by the SBE.
(l) On or before 5:00 p.m. of the date specified in the Schedule of Significant Events, publishers shall submit to the CDE price quotations for the sale of completed instructional materials, including all transportation costs.
(m) Publishers are discouraged from withdrawing their instructional materials from the adoption after the materials have been submitted. Any such withdrawal may be noted in the Commission Advisory Report and Adoption Report.
(n) Publishers shall not publicize in marketing materials any part of the IMR/CRE Report of Findings, Commission Advisory Report or the Adoption Report.
NOTE
Authority cited: Sections 33031, 60005 and 60206, Education Code. Reference: Sections 60200, 60202, 60204, 60221 and 60222, Education Code.
HISTORY
1. New section adopted by the Department of Education on 12-5-94. New section submitted to OAL for printing only on 12-6-94, effective 12-30-94. Exempt from Chapter 3.5 of the Government Code pursuant to Education Code section 60004 (Register 95, No. 3).
2. Amendment of first paragraph and subsections (h)-(j), new subsection (k) and amendment of Note filed 12-8-2004; operative 1-7-2005 (Register 2004, No. 50).
3. Amendment of section heading, repealer and new section and amendment of Note filed 3-3-2008; operative 4-2-2008 (Register 2008, No. 10).
4. Change without regulatory effect amending subsections (m)-(n) filed 1-10-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 2).
Note • History
(a) For the purposes of this section, a follow-up adoption means any adoption other than the primary adoption that occurs within a six or eight-year cycle established pursuant to Education Code section 60200.
(b) All State Board of Education (SBE) adoptions of basic instructional materials during a follow-up adoption shall be conducted according to the following requirements:
(1) California Department of Education (CDE) staff shall survey publishers to determine publisher interest in participating in a follow-up adoption.
(A) The survey shall be posted on the CDE Web site, shall be mailed to all publishers who have participated in prior adoptions, shall be mailed to all publishers known to produce basic instructional materials in that subject, and shall be made available upon request.
(B) The survey shall be conducted in a manner deemed appropriate by the CDE.
(C) Pursuant to Education Code section 60227, the results of this survey and a recommendation by the CDE as to whether or not a follow-up adoption shall be conducted shall be provided to the SBE at a public meeting.
(2) Upon the SBE's decision to conduct a follow-up adoption, CDE staff shall prepare the following documents for review by the Commission and approval of the SBE at a public meeting:
(A) A Schedule of Significant Events specific to the follow-up adoption;
(B) Instructional Materials Reviewer (IMR) and Content Review Expert (CRE) applications for the follow-up adoption that are similar in content to the IMR and CRE applications used in the primary adoption in that subject area, as set forth in section 9513;
(C) A notice of intent to hold a follow-up adoption with the information specified in section 9517.1(b)(3)(A) and (B);
(3) A notice of intent to hold a follow-up adoption in a given subject area shall be posted on the CDE Web site, shall be mailed to all publishers who have participated in prior adoptions, shall be mailed to all publishers known to produce basic instructional materials in that subject, and shall be made available upon request.
The notice shall include:
(A) A Schedule of Significant Events.
(B) A statement that each publisher choosing to participate will be charged a fee as described in section 9517.1(b)(5).
(4) Each publisher shall provide a statement of intent to submit to the CDE in accordance with the dates set forth in the Schedule of Significant Events that specifies the following:
(A) Number of programs that the publisher will submit.
(B) Number of grade levels covered by each program.
(5) Based on the information included in a publisher's statement of intent to submit, the CDE shall assess a fee of $5,000 per grade level for each program submitted for review. The fee shall be payable by the publisher even if the publisher subsequently chooses to withdraw a program or reduce the number of grade levels submitted for review.
(6) A “small publisher” as defined in Education Code section 60227, may request a reduction of the fee by submitting documentation in accordance with the date set forth in the Schedule of Significant Events, that includes the following:
(A) A statement of earnings for the most recent three fiscal years.
(B) Number of full-time employees excluding contracted employees.
(C) A statement verifying that the small publisher is not dominant in its field for the subject matter being submitted for follow-up adoption.
(c) Instructional materials approved by the SBE in a follow-up adoption shall be added to the existing adoption list for that subject and remain on the list until the established expiration date for that list pursuant to Education Code section 60200.
(d) Follow-up adoptions shall be based on the curriculum framework and evaluation criteria issued for the primary adoption. The following procedures for the adoption of instructional materials for the primary adoption, as set forth in sections 9510, 9512, 9513, 9514, 9517, 9517.2, 9518, 9519, 9521, 9522, 9523, 9524 and 9525, are also applicable to follow-up adoptions.
NOTE
Authority cited: Section 60206, Education Code. Reference: Sections 60200 and 60227, Education Code.
HISTORY
1. New section filed 1-20-2009; operative 2-19-2009 (Register 2009, No. 4). For prior history, see Register 2008, No. 10.
2. Change without regulatory effect amending subsection (b)(2) filed 1-10-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 2).
§9517.2. Textbook Weight Standards.
Note • History
(a) For the purposes of this section, a “textbook” means a book adopted by a governing board for use by students as the principal learning resource for a course.
(b) The following maximum weight standards are in effect for each student textbook in elementary and secondary schools:
(1) Grades K-4: Three Pounds
(2) Grades 5-8: Four Pounds
(3) Grades 9-12: Five Pounds
(c) Publishers and manufacturers submitting textbooks for adoption by the State Board of Education for kindergarten through grade eight that exceed the maximum weight standards listed above shall provide at least one alternative for lighter weight materials with identical content. These lighter weight alternatives may include, but are not limited to, split volumes, electronic editions, softcover editions or other alternate physical formats. The lighter weight alternative must be identified by the publisher when they submit their textbooks to the California Department of Education (CDE) as part of the instructional materials adoption.
(d) For materials for grades nine through twelve, the availability of lighter weight alternatives must be disclosed to local education agencies prior to local governing board adoption of textbooks.
(e) The following are exceptions to the maximum weight standards listed in subdivision (b) above:
(1) Materials prepared in large-print, Braille, or other materials specifically designed to provide accessibility for students with disabilities. This includes the materials prepared by the CDE's Clearinghouse for Specialized Media and Technology.
(2) Textbooks that are only used in the classroom, and are not required to be carried home or to other locations by students, are not subject to the maximum weight standards. This exception does not exempt districts from the requirements of Education Code section 60119.
(3) Textbooks that are primarily for use by the teacher are not subject to the maximum weight standards, unless students are required to carry the materials home or to other locations as part of the intended use of those textbooks.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 49415, Education Code.
HISTORY
1. New section filed 8-27-2007; operative 9-26-2007 (Register 2007, No. 35).
§9518. Social Content Standards for All Instructional Materials Adoptions.
Note • History
The social content standards in the publication entitled Standards for Evaluating Instructional Materials for Social Content, 2000 Edition, approved by the SBE on January 13, 2000, and maintained on the CDE website at http://www.cde.ca.gov/ci/cr/cf/lc.asp, are incorporated in this section by reference and apply to all SBE adoptions of instructional materials in all subjects.
NOTE
Authority cited: Sections 33031, 60005, 60048, 60200 and 60206, Education Code. Reference: Sections 60040-60044, 60048, 60200 and 60200.2, Education Code.
HISTORY
1. New section adopted by the Department of Education on 12-5-94. New section submitted to OAL for printing only on 12-6-94, effective 12-30-94. Exempt from Chapter 3.5 of the Government Code pursuant to Education Code section 60004 (Register 95, No. 3).
2. Amendment of section heading, repealer and new section and amendment of Notefiled 3-3-2008; operative 4-2-2008 (Register 2008, No. 10).
§9519. Instructional Materials Review Panels and Commission Advisory Report.
Note • History
(a) The CDE will propose and the Commission shall approve, for each adoption of instructional materials, the organization of IMRs and CREs into review panels, the assignment of instructional materials to be evaluated by each review panel, and the assignment of a facilitator to each review panel.
(b) Each review panel shall be composed of 5 to 15 IMRs and CREs, of which a majority must be IMRs who are teachers, as described in the first sentence of subsection (c) of section 9512, and at least 1 must be a CRE.
(c) Each review panel must evaluate instructional materials according to the SBE adopted content standards, curriculum frameworks, evaluation criteria and social content standards.
(d) At the discretion of the chairperson of the Commission, the chairperson of the Subject Matter Committee involved in the adoption or the Executive Director of the Commission, a CRE or IMR with special expertise may respond to questions raised by review panels to which the CRE or IMR has not been assigned.
(e) Each review panel shall decide which instructional materials to recommend for adoption.
(f) Each review panel shall make recommendations as to edits and corrections that should be made to instructional materials.
(g) Review panels shall not recommend rewrites of instructional materials.
(h) Each review panel is encouraged to reach consensus on recommendations. If necessary, the panel will conduct a vote with a simple majority necessary to put forward a recommendation.
(i) The recommendations of the review panels shall be compiled by the CDE into a document titled “IMR/CRE Report of Findings” that shall be presented to the Commission. At least 10 days before the first meeting of the Commission that follows the issuance of the IMR/CRE Report of Findings, the CDE shall distribute the IMR/CRE Report of Findings to the Commission and post it on its website.
(j) The Commission, the CDE, the SBE, or SBE staff may call upon IMRs and CREs to assist the Commission or the SBE in understanding how instructional materials meet the content standards, curriculum frameworks, evaluation criteria and social content standards. In the event that it is determined that other subject matter experts should be called upon to assist the Commission or the SBE in understanding how instructional materials meet the content standards, curriculum frameworks, evaluation criteria and social content standards, such experts shall have qualifications that are consistent with those for CREs as set forth is section 9512 and shall be appointed by the SBE.
NOTE
Authority cited: Sections 33031, 60005 and 60206 , Education Code. Reference: Sections 60200 and 60204 , Education Code.
HISTORY
1. New section adopted by the Department of Education on 12-5-94. New section submitted to OAL for printing only on 12-6-94, effective 12-30-94. Exempt from Chapter 3.5 of the Government Code pursuant to Education Code section 60004 (Register 95, No. 3).
2. Amendment of section heading, repealer and new section and amendment of Note filed 3-3-2008; operative 4-2-2008 (Register 2008, No. 10).
3. Change without regulatory effect amending subsections (a), (d) and (i)-(j) filed 1-10-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 2).
§9520. Written Statements to the Commission Regarding Instructional Materials and Curriculum Frameworks Submitted for Adoption. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031 and 60004, Education Code. Reference: Section 60202, Education Code.
HISTORY
1. New section adopted by the Department of Education on 12-5-94. New section submitted to OAL for printing only on 12-6-94, effective 12-30-94. Exempt from Chapter 3.5 of the Government Code pursuant to Education Code section 60004 (Register 95, No. 3).
2. Repealer filed 3-3-2008; operative 4-2-2008 (Register 2008, No. 10).
3. Change without regulatory effect amending section heading filed 1-10-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 2).
§9521. Public Comments Regarding Content of Instructional Materials.
Note • History
(a) Oral and written public comment, whenever submitted, addressing the content of instructional materials should specifically identify the instructional material and page number where the subject content appears and, if pertinent, provide a reason as to why the content is inaccurate or does not meet the content standards, curriculum frameworks, evaluation criteria or social content standards and, if pertinent, suggest a correction to the identified problem.
(b) Any written comment from a member of the public regarding the content of instructional materials that is received by the Executive Director of the Commission not less than 14 days prior to the first date set for review panel deliberations in the Schedule of Significant Events, will be distributed to the review panel that is reviewing the instructional material that is the subject of the comment not less than 7 days before the first day of deliberations. Notice of these deadlines, and the Executive Director's mail, email, and facsimile addresses, shall be posted on the CDE website and at the LRDCs on the date when instructional materials being submitted for adoption are to be delivered to the LRDCs.
(c) Nothing in this section shall restrict a member of the public from directly addressing a state body, orally or in writing, at any publicly-noticed meeting relating to the adoption of instructional materials.
(d) During each day of deliberations there shall be at least two opportunities for public comment.
NOTE
Authority cited: Sections 33031, 60005 and 60206, Education Code. Reference: Sections 60200 and 60202, Education Code; Section 11125.7, Government Code.
HISTORY
1. New section adopted by the Department of Education on 12-5-94. New section submitted to OAL for printing only on 12-6-94, effective 12-30-94. Exempt from Chapter 3.5 of the Government Code pursuant to Education Code section 60004 (Register 95, No. 3).
2. Amendment of section heading, repealer and new section and amendment of Note filed 3-3-2008; operative 4-2-2008 (Register 2008, No. 10).
3. Change without regulatory effect amending Note filed 5-28-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 22).
4. Change without regulatory effect amending subsection (b) filed 1-10-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 2).
§9522. Presentation of Public Testimony.
Note • History
At or before any public meeting related to the evaluation or adoption of a curriculum framework, evaluation criteria, or instructional materials, at which oral comments from the public are to be received, the chairperson or presiding member of the hearing body shall determine the total amount of time that will be devoted to hearing oral comments, and may determine the time to be allotted to each person or to each side of an issue.
NOTE
Authority cited: Sections 33031, 60005 and 60206, Education Code. Reference: Section 60200, Education Code; Section 11125.7, Government Code.
HISTORY
1. New section adopted by the Department of Education on 12-5-94. New section submitted to OAL for printing only on 12-6-94, effective 12-30-94. Exempt from Chapter 3.5 of the Government Code pursuant to Education Code section 60004 (Register 95, No. 3).
2. Amendment of section heading, repealer and new section and amendment of Notefiled 3-3-2008; operative 4-2-2008 (Register 2008, No. 10).
§9523. Display of Instructional Materials for Public Inspection.
Note • History
(a) On or before the delivery date designated in the Schedule of Significant Events, publishers shall send instructional materials that are being submitted for adoption to LRDCs at the addresses indicated in the Invitation to Submit. Instructional materials that are submitted for adoption shall be displayed at the LRDCs at least until the date the SBE adopts instructional materials.
(b) Beginning with the first adoption that takes place after the Reading/Language Arts adoption that is currently scheduled to be completed in November 2008, on or before the delivery date designated in the schedule of significant events, publishers shall also provide CDE with a URL to those instructional materials intended for student use that are being submitted for adoption, and the CDE shall post on its website direct hyperlinks to the URLs provided by the publishers. The instructional materials posted on each publisher's website shall be identical to the hard copy version of the instructional materials submitted for adoption, except that copyrighted items that do not allow for posting online may be omitted and replaced by a description of the omitted item, and any online features that are absent from the hard copy version shall be identified.
(c) LRDCs shall ensure that instructional materials received are on display within three weeks after the date of receipt unless circumstances beyond the control of the LRDC prevent such display, in which case the instructional materials will be displayed within a reasonable amount of time.
(d) Instructional materials adopted by the SBE shall be available at LRDCs for a minimum of two years after the date of adoption.
NOTE
Authority cited: Sections 33031 and 60005 , Education Code. Reference: Sections 60202 and 60200(h), Education Code.
HISTORY
1. New section adopted by the Department of Education on 12-5-94. New section submitted to OAL for printing only on 12-6-94, effective 12-30-94. Exempt from Chapter 3.5 of the Government Code pursuant to Education Code section 60004 (Register 95, No. 3).
2. Amendment of section heading, repealer and new section and amendment of Notefiled 3-3-2008; operative 4-2-2008 (Register 2008, No. 10).
§9524. Public Meetings Held by the Commission and the State Board of Education Regarding Instructional Materials.
Note • History
(a) Prior to recommending instructional materials to the SBE for adoption, the Commission shall do the following:
(1) Not more than 30 days after the issuance of the IMR/CRE Report of Findings, the Commission shall hold a publicly-noticed meeting during which any interested party may provide the Commission with written or oral comments regarding the submitted instructional materials and/or the recommendations contained in the IMR/CRE Report of Findings. The primary purpose of this publicly-noticed meeting is to afford the Commission an opportunity to receive comment from those who disagree with any part of the IMR/CRE Report of Findings. The complaining party, and any interested party adverse to the complaining party, shall be provided a full and fair opportunity to present comments.
(2) Nothing in this section shall prevent the Commission from having additional publicly-noticed meetings that the Commission deems necessary to receive additional input from members of the public or to utilize IMRs, CREs or other content experts as provided for in section 9519(j).
(3) Commissioners must evaluate instructional materials according to the SBE adopted content standards, curriculum frameworks, evaluation criteria, and social content standards
(4) Not less than 30 days after the Commission meeting discussed in subdivision (a)(1) above, the Commission will hold a publicly-noticed meeting at which time it will adopt its recommendations to the SBE regarding instructional materials, and edits and corrections. To adopt its recommendations, the Commission must conduct a roll call vote with at least 9 affirmative votes required for the recommendations, or at least 10 affirmative votes required for the recommendations when all 18 commissioners vote.
(5) The Commission's recommendations shall be compiled into a document titled “Commission Advisory Report.” Those recommendations may be different than those of the review panels as contained in the IMR/CRE Report of Findings. The Commission shall not recommend rewrites of instructional materials. The Commission Advisory Report shall be presented to the SBE along with the IMR/CRE Report of Findings.
(b) Following the Commission meetings described above, the SBE will hold at least one publicly-noticed meeting before adopting both instructional materials and edits and corrections and issuing its Adoption Report.
NOTE
Authority cited: Sections 33031, 60005 and 60206, Education Code. Reference: Sections 60200, 60203 and 60204, Education Code.
HISTORY
1. New section adopted by the Department of Education on 12-5-94. New section submitted to OAL for printing only on 12-6-94, effective 12-30-94. Exempt from Chapter 3.5 of the Government Code pursuant to Education Code section 60004 (Register 95, No. 3).
2. Amendment of section heading, repealer and new section and amendment of Note filed 3-3-2008; operative 4-2-2008 (Register 2008, No. 10).
3. Change without regulatory effect amending section heading and section filed 1-10-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 2).
§9525. Post Adoption Edits and Corrections Procedures.
Note • History
(a) Following the action of the SBE on a specific instructional materials adoption, CDE staff will notify publishers, in writing, of any edits and corrections adopted by the SBE.
(b) Within 60 days of the SBE adopting instructional materials and edits and corrections, publishers shall provide to the CDE copies of revised instructional materials, or relevant portions thereof, that reflect all edits and corrections required by the SBE. If the publisher can show that circumstances beyond its control prevented it from delivering the revised instructional materials within the 60 day period, the CDE may grant a reasonable extension to the publisher.
(c) CDE staff will schedule individual meetings with each publisher to discuss edits and corrections, at which time publishers will be provided an opportunity to show that the adopted edits and corrections have been made to the revised instructional materials.
(d) Under direction from the SBE, CDE staff may work with Commissioners or CREs to evaluate whether publishers have made the adopted edits and corrections to their revised instructional materials.
(e) Upon completion of this evaluation, CDE staff will notify each publisher whether the revised instructional materials comply with the SBE's action or whether additional revisions need to be made. Within 60 days of this notification, publishers shall provide to the CDE copies of final printed instructional materials that reflect all edits and corrections required by the SBE. If the publisher can show that circumstances beyond its control prevented it from delivering final printed instructional materials within the 60 day period, the CDE may grant a reasonable extension to the publisher.
NOTE
Authority cited: Sections 33031, 60005 and 60206, Education Code. Reference: Section 60200, Education Code.
HISTORY
1. New section filed 3-3-2008; operative 4-2-2008 (Register 2008, No. 10).
2. Change without regulatory effect amending subsection (d) filed 1-10-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 2).
Article 2.2. Acquisition of Adopted Instructional Materials
§9527. Free Instructional Materials.
Note • History
(a) In order to comply with the statutory requirement that publishers provide any instructional materials free of charge in this state to the same extent as that received by any state or school district in the United States, publishers shall post on their website a list of any free instructional materials that they have agreed to provide to a county office of education, district board, elementary school, middle school or high school within 10 days of entering into such an agreement. Publishers shall maintain this list on their websites through the next biennial price adjustment referenced in Education Code section 60223, at which time the statutory requirement regarding the instructional materials on the list shall end.
(b) The publisher shall provide the CDE with the URL to their list of free instructional materials, and the CDE shall post on its website a direct hyperlink to the URL provided by the publisher.
NOTE
Authority cited: Sections 33031, 60005 and 60206, Education Code. Reference: Section 60061, Education Code.
HISTORY
1. New Article 2.2 (sections 9527-9530) and section adopted by the Department of Education on 12-5-94. New section submitted to OAL for printing only on 12-6-94, effective 12-30-94. Exempt from Chapter 3.5 of the Government Code pursuant to Education Code section 60004 (Register 95, No. 3).
2. Repealer of article 2.2 heading, relocation and amendment of article 2.1 heading from section 9515 to section 9527, repealer and new section and amendment of Notefiled 3-3-2008; operative 4-2-2008 (Register 2008, No. 10).
§9528. Alternate Formats of Adopted Instructional Materials.
Note • History
(a) Publishers may submit alternate formats of adopted instructional materials to the CDE for approval at any time during the period of adoption.
(b) Alternate formats of adopted instructional materials shall include:
(1) instructional materials that are identical in content to adopted instructional materials, but that are different in physical format, and
(2) translations of adopted instructional materials into other languages. Translations of adopted instructional materials into other languages may include different literary selections that are equivalent in content to those contained in the English version.
(c) Submissions of alternate formats shall be reviewed as follows:
(1) For approval of an alternate physical format, the CDE staff will review submitted materials to confirm that the content is identical to the adopted instructional materials.
(2) For approval of alternate formats in languages other than English, the CDE will employ qualified CDE staff or contract with experts in the alternate language to review the materials to confirm that the translation is accurate and to determine if the materials are equivalent in content to the adopted instructional materials. Different literary selections must be approved by the SBE.
NOTE
Authority cited: Sections 33031, 60005 and 60206, Education Code. Reference: Sections 60200 and 60222, Education Code.
HISTORY
1. New section adopted by the Department of Education on 12-5-94. New section submitted to OAL for printing only on 12-6-94, effective 12-30-94. Exempt from Chapter 3.5 of the Government Code pursuant to Education Code section 60004 (Register 95, No. 3).
2. Amendment filed 2-27-97; operative 3-29-97 (Register 97, No. 9).
3. Repealer and new section and amendment of Notefiled 3-3-2008; operative 4-2-2008 (Register 2008, No. 10).
§9529. New Editions of Adopted Instructional Materials.
Note • History
(a) Upon written request by a publisher, the CDE may approve a new edition of an adopted instructional material to replace the original adopted edition, provided that:
(1) Changes contained in the new edition are so minimal that both the new edition and the original adopted edition may be used together in a classroom environment. No additional content may be included in the new edition
(2) All changes comply with the social content standards set forth in the publication entitled Standards for Evaluating Instructional Materials for Social Content, 2000, as referenced in section 9518 above. The price of the new edition is equal to or lower than the price of the original adopted edition.
(b) Upgrades of technology-based materials that do not contain content changes can be made by publishers without CDE approval, unless the upgrade results in a new ISBN or identifier.
NOTE
Authority cited: Sections 33031, 60005 and 60206, Education Code. Reference: Sections 60040-60044, 60061, 60222 and 60223, Education Code.
HISTORY
1. New section adopted by the Department of Education on 12-5-94. New section submitted to OAL for printing only on 12-6-94, effective 12-30-94. Exempt from Chapter 3.5 of the Government Code pursuant to Education Code section 60004 (Register 95, No. 3).
2. Repealer and new section and amendment of Notefiled 3-3-2008; operative 4-2-2008 (Register 2008, No. 10).
§9530. School District Ordering of Instructional Materials.
Note • History
Each school district shall purchase adopted instructional materials directly from publishers. With respect to the purchase of adopted instructional materials by a school district, the publisher shall comply with the following requirements:
(a) Instructional materials furnished and delivered to the school district by the publisher shall conform to and be of the same quality of workmanship as the instructional materials submitted for adoption.
(b) Upon request by any school district, a publisher shall provide a copy of any manufacturing standards and specifications for instructional materials with which the publisher is currently in compliance.
(c) Should the publisher discontinue an instructional material before its adoption expiration date, upon receipt of a written request from a district that has purchased the discontinued instructional materials, the publisher shall buy back from the school district all of the instructional materials discontinued and any instructional materials designed to be used with the discontinued instructional material. The publisher shall buy back the instructional materials at the price in effect pursuant to the purchase order or agreement at the time when the instructional materials were purchased.
NOTE
Authority cited: Sections 33031, 60005 and 60206, Education Code. Reference: Sections 60061 and 60061.5, Education Code.
HISTORY
1. New section adopted by the Department of Education on 12-5-94. New section submitted to OAL for printing only on 12-6-94, effective 12-30-94. Exempt from Chapter 3.5 of the Government Code pursuant to Education Code section 60004 (Register 95, No. 3).
2. Repealer and new section and amendment of Notefiled 3-3-2008; operative 4-2-2008 (Register 2008, No. 10).
Article 2.3. Instructional Materials Funding
§9531. Instructional Materials Funding Realignment Program: Expenditure Policy Percentages and 24 Month Purchasing Requirement.
Note • History
(a) As much of the allocation, as is necessary, from the Instructional Materials Funding Realignment Program (IMFRP) annual appropriation to local education agencies must be spent to purchase textbooks or basic instructional materials adopted subsequent to the adoption of content standards (Education Code Section 60605) for each pupil, in reading/language arts, mathematics, history-social science, and science.
(1) For kindergarten and grades 1 to 8 this shall be textbooks or basic instructional materials adopted by the State Board of Education (SBE) pursuant to Education Code Section 60200 inclusive.
(2) For grades 9 to 12, this shall be textbooks or instructional materials adopted by the local governing board pursuant to Education Code Section 60400.
(b) For purposes of the hearing requirement specified by Education Code Section 60119, textbooks or instructional materials used in kindergarten and grades 1 to 8 shall be considered “consistent with the content and cycles of the curriculum framework adopted by the state board” if students are provided textbooks or instructional materials from the most recent SBE adoption by the beginning of the first school term that commences no later than 24 months after those materials are adopted by the SBE pursuant to Education Code Section 60422. The requirements of this subdivision apply to the determination of whether textbooks or instructional materials are current, and not to the determination of sufficiency under Education Code Section 60119(c). This definition of currency applies to textbooks or instructional materials that have been the subject of a state board adoption made on or after January 1, 2003.
(c) For purposes of subdivision (b) and Education Code Section 60422(a), the reference to adoption of textbooks or basic instructional materials by the SBE shall refer to a primary adoption, which is the first adoption after the adoption of evaluation criteria by the SBE. A primary adoption is distinguished from a follow-up adoption, which is the second adoption of textbooks or basic instructional materials conducted by the SBE using the same evaluation criteria. Textbooks and basic instructional materials adopted in a follow-up adoption are added to the then-existing list of adopted textbooks and basic instructional materials for a subject area, and the period of adoption for those materials is the remaining time of the list for the primary adoption.
NOTE
Authority cited: Sections 33031 and 60005, Education Code. Reference: Sections 60040-60045, 60048, 60119, 60200, 60242, 60242.5, 60400, 60421, 60422 and 60605, Education Code.
HISTORY
1. New article 2.3 (sections 9531-9532) and section filed 1-16-2003 as an emergency; operative 1-16-2003 (Register 2003, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-16-2003 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-16-2003 order, including amendment of subsection (a)(3) and Note, transmitted to OAL 5-12-2003 and filed 6-16-2003 (Register 2003, No. 25).
3. Amendment of section and Note filed 6-8-2005; operative 6-8-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 23).
§9532. School District or Charter School in its First Year of Operation or of Expanding Grade Levels at a School Site.
Note • History
(a)(1) In order to be eligible to receive funding pursuant to Education Code section 60421 and consistent with Education Code section 47652, in the current fiscal year, a charter school in its first year of operation must commence operation on or before September 30 of that fiscal year. A charter school in its first year of operation that begins operations after September 30 of the current fiscal year shall not be eligible to receive instructional materials funding until the following fiscal year.
(2) For the purposes of this section and Education Code section 60421, “operation” shall be defined as providing instruction to pupils enrolled in the charter school.
(3) For purposes of receiving funding pursuant to Education Code section 60421, and consistent with Education Code section 35534, except as provided in Education Code sections 35535 and 35536, the first year of operation of a school district shall be July 1 of the calendar year following the calendar year in which the school district reorganization action is completed.
(b)(1) For the purposes of Education Code section 60421, “expanding grade levels” shall be defined as additional grades in the current fiscal year that did not exist as a school site of the school district or charter school in the prior fiscal year. For charter schools that operate multiple sites, expanding grade levels shall also only include any additional grades that did not exist in the prior fiscal year when considering all of the individual or satellite sites of the charter school in aggregate. If any one site of a charter school with multiple sites provides instruction to pupils in a particular grade level, then that grade level shall not be included in expanding grade levels.
(2) In order to receive funding pursuant to Education Code section 60421, the provision of instruction to pupils enrolled in the expanding grade levels at a school site of the school district or charter school shall commence on or before September 30 of the current fiscal year. A school site of the school district or charter school that commences instruction in its expanding grade levels after September 30 of the current fiscal year shall not be eligible to receive funding until the following fiscal year.
(c) For the purposes of this section and Education Code section 60421, “school site” shall be defined as a school with a separate County/District/School (CDS) code, as maintained by the Superintendent of Public Instruction as of September 30 of the current fiscal year. Charter schools operating multiple school sites under one charter number provided by the SBE and one CDS code shall be considered one school site.
(d) A school district or charter school in its first year of operation or of expanding grade levels at a school site shall provide enrollment estimates to the California Department of Education by September 30 of the current fiscal year in order for the school district or charter school to receive funding in that fiscal year. The enrollment estimates shall be certified by the school district governing board or the charter school's charter-granting local educational agency (LEA), as appropriate, and the county office of education in which the school district or charter school's charter granting LEA is located. These enrollment estimates and the associated funding shall be adjusted for actual enrollment as reported by the California Basic Education Data System for the current fiscal year.
NOTE
Authority cited: Sections 33031 and 60005, Education Code. Reference: Sections 47652 and 60421, Education Code.
HISTORY
1. New section filed 1-16-2003 as an emergency; operative 1-16-2003 (Register 2003, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-16-2003 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-16-2003 order transmitted to OAL 5-12-2003 and filed 6-16-2003 (Register 2003, No. 25).
Article 3. Request to Purchase Nonadopted Core Reading Program Instructional Materials
§9535. Request to Purchase Nonadopted Core Reading Program Instructional Materials.
Note • History
If, in the judgment of the governing board of a school district or a county office of education, none of the instructional materials adopted by the California State Board of Education in 1996 promotes the maximum efficiency of pupil learning in that local educational agency's core reading program, and if that governing board desires to purchase non-adopted materials with the funds apportioned to it pursuant to Education Code section 60351, it shall request authorization to do so from the California State Board of Education. The request shall include all of the following:
(a) An overview of the goals and objectives of the local educational agency's core reading program for kindergarten and grades 1 to 3, inclusive, including a statement about how the goals and objectives were developed and a description of their consistency with “Teaching Reading: A Balanced, Comprehensive Approach to Teaching Reading in Prekindergarten Through Grade Three” (Reading Program Advisory), jointly approved by the State Superintendent of Public Instruction, California State Board of Education, and the California Commission on Teacher Credentialing, and published by the California Department of Education in 1996.
(b) A list of the core reading program instructional materials proposed to be purchased, including titles of individual curricular units, literature, and technology resources.
(c) An analysis of the proposed materials, describing the strengths and weaknesses of the materials, including the local educational agency's rubrics, criteria, and standards used to evaluate the materials for consistency with the requirements of this section, including, in particular, subdivisions (j) and (k).
(d) A description of the process by which the proposed materials were evaluated and selected by the local educational agency.
(e) A description of the local educational agency's plans for staff development for teachers regarding the use of the proposed materials.
(f) A description of how the proposed materials will be used by the local educational agency's teachers.
(g) A description of the projected timeline for the purchase of the proposed materials.
(h) A description of the process used for public display of the proposed materials by the local educational agency, with a statement of assurance from the local educational agency that the materials have been or will be on public display for at least 30 days prior to their purchase, with all comments received during the display period being made part of the official records of the local educational agency's governing board.
(i) A statement of assurance from the local educational agency that the proposed materials are for use in kindergarten or any of grades 1 to 3, inclusive.
(j) A statement of assurance from the local educational agency that the proposed materials are based on the fundamental skills required by reading, including, but not limited to, systematic, explicit phonics and spelling, within the meaning of Education Code section 60200.4.
(k) A statement of assurance from the local educational agency that the proposed materials include, but are not necessarily limited to, phonemic awareness, systematic explicit phonics, and spelling patterns, accompanied by reading materials that provide practice in the lesson being taught, within the meaning of Education Code section 60352(d).
(l) Evidence that the local educational agency's governing board:
(1) Formally approved the authorization request at a properly noticed public meeting.
(2) Supports the use of the specified funds for the purpose expressed in the request.
(3) Verified that the local educational agency considered the California State Board of Education adopted materials for its core reading program and considered the reasons given by the California State Board of Education for not adopting the materials proposed for purchase, if those materials were submitted for adoption in 1996.
(4) Verified that the proposed materials comply with Education Code sections 60040, 60041, 60042, 60044, 60045, and 60046.
(5) Verified that all statements of assurance included within the request for authorization are true and correct.
If the request for authorization complies with subdivisions (a) to (l), inclusive, and establishes to the satisfaction of the California State Board of Education that none of the instructional materials adopted by the California State Board of Education in 1996 promotes the maximum efficiency of pupil learning in the applying local educational agency's core reading program, then the request for authorization shall be granted by the California State Board of Education.
NOTE
Authority cited: Sections 33031, 60206 and 60352(d), Education Code. Reference: Sections 60351 and 60352(d), Education Code.
HISTORY
1. New article 3 (section 9535) and section filed 1-30-97 as an emergency; operative 1-30-97 (Register 97, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-30-97 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 83, No. 25.
2. Repealed by operation of Government Code section 11346.1(g) (Register 97, No. 31).
3. New section filed 7-31-97; operative 7-31-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 31).
Article 4. Additions to Lists of Adopted Instructional Materials in Reading/Language Arts and Mathematics [Repealed]
HISTORY
1. Change without regulatory effect repealing article 4 (sections 9540-9550) filed 2-9-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 6).
Subchapter 2. Social Content Review
Article 1. General
Note • History
(a) “Publisher” or “manufacturer” is any company, person, or entity that submits instructional materials to the California Department of Education (CDE) for review.
(b) “Non-adopted instructional materials” are instructional materials that are not adopted by the State Board of Education (SBE).
NOTE
Authority cited: Sections 60050, 60206 and 60227, Education Code. Reference: Sections 60060, 60061 and 60200.1, Education Code.
HISTORY
1. New subchapter 1 (articles 1-2, sections 9800-9830), article 1 (section 9800) and section filed 2-4-2009; operative 3-6-2009 (Register 2009, No. 6).
Article 2. Social Content Review of Non-Adopted Instructional Materials
§9810. Social Content Standards.
Note • History
The social content standards in the publication entitled Standards for Evaluating Instructional Materials for Social Content, 2000 Edition, approved by the SBE on January 13, 2000, and maintained on the CDE Web site at http://www.cde.ca.gov/ci/cr/cf/lc.asp, are incorporated in this section by reference and apply to non-adopted instructional materials in all subjects.
NOTE
Authority cited: Section 60050, Education Code. Reference: Sections 60040, 60041, 60042, 60043, 60044, 60048, 60200.5 and 60200.6, Education Code.
HISTORY
1. New article 2 (sections 9800-9830) and section filed 2-4-2009; operative 3-6-2009 (Register 2009, No. 6).
Note • History
Reviews of non-adopted instructional materials to determine whether they meet the social content standards contained in the publication referenced in section 9810 and the relevant statutes shall be conducted according to the following requirements:
(a) Social content reviews of instructional materials shall be conducted by the CDE or its agents using the standards contained in the publication referenced in section 9810 and the relevant statutes.
(b) The CDE shall charge publishers or manufacturers a fee to cover the costs of the social content review and that must be paid in full prior to review as follows:
(1) Print Material Fees: $.75 per page
(2) Non-Print Material Fees:
(A) Video/DVD: $75.00 per standard Video/DVD (Video -- 120 minutes, DVD -- 4.7 Gigabytes [GB] or approximately 120 minutes)
(B) Software: $200.00 per standard CD (650-700 megabytes [MB])
(3) Additional listing fees:
(A) Adding approved materials in alternate packaging to the list: $50.00 per item
(B) Re-listing approved materials every six years: $50.00 per item
(c) A “small publisher” or “small manufacturer,” as defined in Education Code section 60227(f)(3), may request that the SBE reduce the fee(s) by submitting documentation.
(1) Documentation must include the following:
(A) A statement of earnings for the most recent three fiscal years.
(B) Number of full-time employees excluding contracted employees.
(C) A statement verifying that the small publisher or small manufacturer is not dominant in its field for the subject matter being submitted for social content review.
(D) The fee reduction amount the small publisher or small manufacturer is requesting for the social content review. The amount requested may be as much as a 50 percent reduction of the fee.
(2) The fee reduction amount approved by the SBE shall be based upon available funds. If available funds do not cover the total fee reduction amounts requested, each small publisher or manufacturer shall receive a prorated amount based on the fee reduction amount requested and the available funds.
(d) Publishers or manufacturers requesting a social content review shall provide three copies of the instructional materials in completed form to the location specified by the CDE free of shipping, handling, sampling, or other charges.
(e) The CDE shall notify publishers or manufacturers in writing of the results of the social content review. A publisher or manufacturer who receives a notice of noncompliance with a social content standard may provide the CDE with a proposed revision to remedy the finding of noncompliance within 30 days from the postmark date of the CDE's written notification, or may appeal the finding as described in section 9830 of these regulations.
(f) The list of materials reviewed and in compliance with social content standards shall be available to all school districts in the state.
(1) The listing shall expire six years from the date of approval.
(2) Publishers or manufacturers may re-list materials for a fee (see section 9820(b)(3)(B)) if the following conditions are met:
(A) The material to be re-listed has not been changed.
(B) The copyright year of the re-listed material is the same as the original listing.
(g) Publishers or manufacturers shall not describe or represent as adopted by the SBE those instructional materials which have passed only a social content review. Misrepresentation may result in deletion of the instructional materials from the list of materials reviewed for compliance with social content standards.
NOTE
Authority cited: Sections 60050, 60206 and 60227, Education Code. Reference: Sections 60040, 60041, 60042, 60043, 60044, 60048, 60200.5 and 60200.6, Education Code.
HISTORY
1. New section filed 2-4-2009; operative 3-6-2009 (Register 2009, No. 6).
§9830. Appeal of Social Content Review Finding.
Note • History
A publisher or manufacturer may appeal a finding of noncompliance with the social content standards and the following procedures apply:
(a) Within 30 days from the postmark date of the CDE's written notification to a publisher or manufacturer of noncompliance with social content standard(s), a publisher or manufacturer shall notify the CDE in writing of its intent to appeal to the SBE.
(1) The appeal shall be limited to the finding(s) of noncompliance identified during the initial social content review.
(2) The SBE may consider the appeal at its next regularly scheduled Board meeting or as soon as practicable thereafter.
NOTE
Authority cited: Sections 60050, 60206 and 60227, Education Code. Reference: Sections 60040, 60041, 60042, 60043, 60044, 60048, 60200.5 and 60200.6, Education Code.
HISTORY
1. New section filed 2-4-2009; operative 3-6-2009 (Register 2009, No. 6).
Chapter 10. Courses Of Study
Subchapter 1. High School Courses of Study
Article 1. Automobile Driver Education
Note • History
This article governs the establishment, conduct, and scope of, and establishes standards for, automobile driver education in high schools, except evening high schools.
“Automobile driver education” is classroom instruction described in Education Code Section 51220(j).
(a) A course in automobile driver education shall include instruction in the following areas:
(1) Driving is your responsibility.
(2) Major causes of accidents.
(3) The driver.
(4) Natural forces affecting driving.
(5) Signs, signals, and highway markings, and highway design features which require understanding for safe operation of motor vehicles.
(6) California Vehicle Code, rules of the road, and other state laws and local motor vehicle laws and ordinances.
(7) Differences in characteristics of urban and rural driving including safe use of modern expressways.
(8) Critical vehicle systems and subsystems requiring preventive maintenance.
(9) Pedestrian safety.
(10) Effects of alcohol and drugs.
(11) Motorcycle safety.
(b) If an allowance will be claimed for the laboratory phase of driver education based upon the driver education course, the course shall meet the requirements of Section 10044(a) and Education Code Sections 41906, 41907 and 51851.
(c) If an allowance described in (b) will not be claimed, the course may be taught by an instructor who holds a credential authorizing the holder to teach in all grades, 10, 11, and 12. In all other respects, the course shall meet the requirements of this article and of Education Code Section 51851.
NOTE
Authority cited: Section 51054, Education Code. Reference: Section 51054, Education Code.
HISTORY
1. Amendment of subsection (a) filed 9-24-71; effective thirtieth day thereafter (Register 71, No. 39).
2. Amendment of subsections (b) and (c) filed 7-21-72; effective thirtieth day thereafter (Register 72, No. 30).
3. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
4. Repealer of Article 1 (Sections 10000-10001) and renumbering of Article 2 (Section 10020) to Article 1 filed 11-7-79; effective thirtieth day thereafter (Register 79, No. 45).
Article 2. Automobile Driver Training
Note • History
This article governs the establishment, conduct, and scope of, and establishes standards for the laboratory phase of driver education in high schools, except evening high schools.
The laboratory phase of driver education is instruction in driving motor vehicles through the actual use of automobile simulators, and multiple-car off-street driving ranges, for the purpose of developing the knowledge, attitude, habits, and skills necessary for the safe operation of motor vehicles, with additional emphasis in:
(a) The vehicle, highway and community features:
(1) That aid the driver in avoiding crashes
(2) That protect him and his passengers in crashes
(3) That maximize the salvage of the injured.
(b) Basic and advanced driving techniques including techniques for handling emergencies.
NOTE
Authority cited: Section 51054, Education Code. Reference: Section 51054, Education Code.
HISTORY
1. Amendment filed 9-24-71; effective thirtieth day thereafter (Register 71, No. 39).
2. Amendment filed 7-21-72; effective thirtieth day thereafter (Register 72, No. 30).
3. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
4. Renumbering of Article 3 (Sections 10040-10044) to Article 2 filed 11-7-79; effective thirtieth day thereafter (Register 79, No. 45).
§10041. Standards of Pupil Eligibility.
History
(a) Only those pupils may receive instruction in the laboratory-phase of driver education who hold a valid student license issued by school authorities, meet the age and other requirements of Education Code Section 51850 and come within regulations adopted by the governing board under that section, and meet physical and mental qualifications as specified in Vehicle Code Section 12804. Screening examinations shall include a test of the hearing and eyesight of the applicant and such other matters as may be necessary to determine the applicant's mental and physical fitness to operate a motor vehicle upon the highways and whether any ground exists for refusal of the student license under the Vehicle Code. Screening examinations shall be subject to the provisions of Sections 590, 591, 592, and 593 of this title and of Section 49452 of the Education Code.
(b) Districts shall include in the regulations adopted by the local governing board provisions to determine who can profit by and who shall receive instruction in the laboratory-phase of driver education.
(c) In addition, all districts shall include in the regulations a provision that the student and his parent or guardian shall signify that the student will utilize his training through parental/student activities directed to licensing within six months after the course shall have been completed.
(d) Students who have satisfactorily completed the laboratory-phase of driver education and who repeat the course shall not be included for excess cost reimbursement pursuant to Education Code Section 41304(b).
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39). For prior history, see Register 74, No. 48.
§10042. Standards for Automobiles Used.
History
(a) Equipment. An automobile used for the laboratory phase of driver education shall at all times have the following equipment:
(1) Dual controls of a type approved by the California Department of Education. American Automobile Association dual controls and those of similar specifications are approved.
(2) Seat belts that conform to the requirements of Motor Vehicle Code section 27304.
(3) Outside rear-view mirrors for the driver's side and for the righthand front seat.
(4) Heaters and ventilators as needed for the protection of health of the students and teachers.
(5) Tire chains, if the automobile is being used under conditions where the Department of Public Works requires them or where local police or the Highway Patrol recommend them.
(6) First-aid kits, safety flares, and either reflectors or a flashing light warning system, all maintained in good condition, and readily accessible.
(7) Appropriate tools and minor replacements for emergency repairs.
(8) A spare tire.
(b) Identification. Some means shall be used to identify the automobile with the laboratory phase of driver education. The name of a lender of an automobile may be placed, on a single line only and only once, on each side and the rear of the automobile in letters not exceeding one and one-half (1 1/2) inches in height.
(c) Maintenance. An automobile used in the laboratory phase of driver education shall receive protective maintenance and repairs in accordance with recommendations of the manufacturer. Maintenance records shall be kept for it.
(d) Safety Check. A complete safety check, as recommended by the manufacturer, shall be completed on each automobile used in the laboratory phase of driver education at least once each semester by a competent and qualified mechanic to insure it is in a safe operating condition.
(e) Replacement. An automobile used in the laboratory phase of driver education shall be replaced when it cannot be maintained to meet maximum safety standards.
(f) Restricted Use. A loaned or leased automobile used in the laboratory phase of driver education shall be used only for the laboratory phase of driver education.
The driver education identification of a district owned automobile shall be removed or covered whenever the automobile is used for other purposes. The cost of such other use is not reimbursable.
HISTORY
1. Amendment of subsection (a)(5) filed 10-10-69; effective thirtieth day thereafter (Register 69, No. 41).
2. Amendment filed 7-21-72; effective thirtieth day thereafter (Register 72, No. 30).
3. Change without regulatory effect amending subsections (a)(1)-(3) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§10043. Standards for Laboratory Phase of Driver Education.
Note • History
(a) In any laboratory phase of driver education, no pupil shall receive more than two hours of classroom driver education nor more than four hours of laboratory phase of driver education (including observation time) during any 24-hour period. The driver training shall be composed of no more than two hours of simulator training and no more than two hours of behind-the-wheel training, including observation time, during any 24-hour period.
(b) Districts offering the laboratory phase of driver education through competency-based driver training shall develop an annual plan which describes the district's program requirements to assure that all students receive instruction based on assessed individual needs in order to meet a common level of program performance criteria. The plan shall include, but shall not be limited to, the following elements:
(1) The following basic driving skills and the measurement criteria to be used to ensure that students have gained acceptable skill in performing each of them:
(A) Predriving activities
1. Safety check outside car
a. Tire condition
b. Trunk (spare tire, jack, etc.)
c. Hood properly closed
2. Safety check inside car
a. Seat adjustment
b. Mirror adjustment
c. Doors locked
d. Seat belts fastened
3. Auxiliary equipment
a. Headlights and dimmer switch
b. Instrument panel lights
c. Windshield wipers
d. Defroster
(B) Starting
1. Foot on brake
2. Parking brake
3. Blind spot check
(C) Moving car
1. Blind spot check
2. Driving straight
3. Steering
4. Speed control
5. Stopping car
6. Clutch and gear use
7. Right of way
(D) Turning skills
1. Curb pullout
2. Left and right turns
3. Mirror use
4. Position in lane
5. Over/understeering
6. Speed control
(E) Lane changing
1. Blind spots
2. Signaling
3. Changing one lane at a time
4. Speed control
5. Traffic
(F) Intersections
1. Blind
2. 4-way
3. Railroad crossings
(G) Skilled turning maneuvers
1. U-turns
2. Backing
3. Three-point turn/Y turns
(H) Defensive driving
1. Space cushion
2. Hazard recognition
3. Visual search
4. Speed selection for conditions
(I) Heavy traffic
1. Exposure to heavy area traffic (freeway, highway, boulevard)
(J) Secure car
1. Parking brake
2. Shift to park
3. Lock doors
4. Setting wheels and controls
(2) A minimum student training period (in minutes) required to successfully complete the competency-based driver training program.
(3) Successful completion, by each competency-based driver training student, in at least one of the following types of instruction:
(A) A minimum of four hours of on-street behind-the-wheel driving instruction in a dual control automobile with a qualified instructor and eight hours in conjunction with the behind-the-wheel instruction for the purpose of observation. A minimum of twenty minutes of this time shall be devoted to a behind-the-wheel evaluation, or
(B) A minimum of six hours of instruction in a driving simulator approved by the department. Two hours of on-street behind the wheel driving instruction in a dual-control automobile with a qualified instructor and four hours in conjunction with the behind-the-wheel instruction for the purpose of observation. A minimum of twenty minutes of this time shall be devoted to a behind-the-wheel evaluation, or
(C) A minimum of six hours of instruction by a qualified instructor on an off-street multiple-car driving range consisting of street registered automobiles approved by the department. Two hours of on-street behind-the-wheel driving instruction in a dual-control automobile with a qualified instructor and four hours in conjunction with the behind-the-wheel instruction for the purpose of observation. A minimum of twenty minutes of this time shall be devoted to a behind-the-wheel evaluation, or
(D) A minimum of six hours of instruction by a qualified instructor in combination in a driving simulator approved by the department and an off-street multiple-car driving range consisting of street registered automobiles approved by the department. The governing board of the district shall establish the proportion of time to be utilized in simulators and on the off-street multiple-car driving range. The minimum time allocated shall include two hours of on-street behind-the-wheel driving instruction in a dual-control automobile with a qualified instructor and four hours in conjunction with the behind-the wheel instruction for the purpose of observation. A minimum of twenty minutes of this time shall be devoted to a behind-the-wheel evaluation.
(4) Procedures for parent participation through parent orientation activities, a supervised driving program, or other district-designed programs.
(5) Any special driving skills to be included in competency-based driver training plan that are required in order to meet local driving conditions.
NOTE
Authority cited: Section 51852(e), Education Code. Reference: Section 51852(e), Education Code.
HISTORY
1. Amendment filed 9-24-71; effective thirtieth day thereafter (Register 71, No. 39).
2. Amendment filed 7-21-72; effective thirtieth day thereafter (Register 72, No. 30).
3. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
4. Repealer of former Section 143 and renumbering of Section 10044 to Section 10043 filed 11-7-79; effective thirtieth day thereafter (Register 79, No. 45).
5. Amendment filed 8-20-87; operative 9-19-87 (Register 87, No. 35).
Article 3. Contracting for Automobile Driver Training [Repealed]
HISTORY
1. Repealer of article 3 (sections 10045-10049) filed 8-20-87; operative 9-19-87 (Register 87, No. 35).
Article 3.1. Physical Education Program
§10060. Criteria for Physical Education Program.
Note • History
Each school district shall appraise the quality of the physical education program in each senior or four-year high school of the district by the following criteria:
(a) The course of study provides for instruction in a developmental sequence in each of the following areas:
(1) Effects of physical activity upon dynamic health.
(2) Mechanics of body movement.
(3) Aquatics.
(4) Gymnastics and tumbling.
(5) Individual and dual sports.
(6) Rhythms and dance.
(7) Team sports.
(8) Combatives for boys.
(b) Assignment of pupils to physical education courses is made on the basis of individual needs including such factors as health status, skill development, and/or grade level.
(c) Instruction is provided for pupils with physical limitations including those with inadequate skill development and the physically underdeveloped. Physical performance tests as required by Section 1041 are used to identify physically underdeveloped pupils and to appraise the motor aspects of physical fitness.
(d) Each course includes activities of a vigorous nature adapted to individual capacities, and designed to permit maximum development of each individual pupil.
(e) Each class period includes the teaching of the fundamentals and techniques of each instructional area conducted during that period.
(f) Class size is consistent with the requirements of good instruction and safety.
(g) Reporting of pupil achievement is based upon all of the following:
(1) Evaluation of the pupil's individual progress and the measure of his attainment of the goals specified in each area of instruction listed in subsection (a) of this section.
(2) Tests designed to determine skill and knowledge.
(3) Physical performance tests.
(4) Any other evaluation procedures required by local governing board regulations.
(h) Teaching stations are of sufficient number and suitability to provide instruction in activities conducted under subsection (a) of this section.
(i) Supplies and equipment of sufficient quantity and quality are provided to allow active participation of each pupil throughout the class period.
NOTE
Authority cited: Section 51054, Education Code. Reference: Section 51054, Education Code.
HISTORY
1. New NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Renumbering of Article 4 (Section 10060) to Article 3.1 filed 11-7-79; effective thirtieth day thereafter (Register 79, No. 45).
Article 4. Work Experience Education
§10070. District Plan for Work Experience Education.
Note • History
Secondary school districts conducting a Work Experience Education program shall submit a Secondary District Plan to the California Department of Education (CDE) that includes all of the following:
(a) Evidence of the local governing board's approval of the Work Experience Education Secondary District Plan (e.g. meeting minutes);
(b) The course description with the units of instruction per week for each semester offered;
(c) Assurances by the employer that each student and employer have entered into a training agreement that includes all of the following:
(1) The specific student objectives to be accomplished at the work site;
(2) Assurance by the employer that the work site offers a reasonable probability of continuous employment for the student during the period for which the student is enrolled in the Work Experience Education program;
(3) Assurance by the employer that he/she has adequate equipment, materials, and other facilities to provide appropriate learning opportunities;
(4) Assurance by the employer that the work conditions will not endanger the health, safety, welfare, or morals of the student;
(5) Assurance by the employer that he/she will provide adequate adult supervision at all times when the student is engaged in Work Experience Education employment;
(6) Assurance by the employer that he/she, as required by law, provides Workers' Compensation Insurance coverage whenever there is an employer-employee relationship;
(7) Assurance by the employer that he/she will maintain the student's hourly work records and cooperate in rating his/her achievement at the work site; and
(8) Assurance by the employer that he/she does not and will not discriminate on the basis of race, creed, color, sex, sexual orientation, or religion;
(d) A detailed explanation of the criteria for granting school credit by the school district; and
(e) If applicable, a letter of authorization to issue Permits to Employ and Work (CDE Form B1-4, revised 07-10) signed by the district superintendent or his or her designee.
NOTE
Authority cited: Section 51762, Education Code. Reference: Sections 49110, 49116, 51760, 51762.5 and 51769, Education Code.
HISTORY
1. Repealer of Article 4 (Sections 10070-10078) and new Article 4 (Sections 10070-10075) filed 4-21-86; effective thirtieth day thereafter (Register 86, No. 17). For prior history, see Registers 79, No. 45; 77, No. 39; and 76, Nos. 40 and 12.
2. Change without regulatory effect amending section and Note filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
3. Amendment of first paragraph, new subsections (a)-(e) and amendment of Note filed 3-21-2011; operative 4-20-2011 (Register 2011, No. 12).
§10071. Formal Training Agreements for Each Type of Work Experience Education.
Note • History
Work Experience Education shall consist of one or more of the following paid and unpaid types of on-the-job experiences which the secondary school district may offer through a formal training agreement with each employer. The written agreement shall identify the responsibilities of the student, employer, parent or guardian (with respect to minors only) and the secondary school district shall outline the objectives that the student is to accomplish at the training site:
(a) Career Technical Work Experience Education has as its purpose the reinforcement and extension of career learning opportunities for a student through a combination of related classroom instruction in Work Experience Education and supervised paid employment in the occupation for which the student's career technical course in school prepares him/her.
(b) General Work Experience Education is an instructional course which has as its purpose the application of basic reading, writing, and computation skills. A General Work Experience Education student will acquire general and specific occupational skills through a combination of a supervised paid employment in any occupational field and related classroom instruction in Work Experience Education.
(c) Exploratory Work Experience Education is nonpaid and has as its general purpose the career guidance of the student by affording him/her opportunities to observe and sample systematically a variety of conditions of work for the purpose of ascertaining his/her interest and suitability for the occupation he/she is exploring. Exploratory Work Experience Education includes a combination of job observations and related classroom instruction in Work Experience Education. The student may be required to perform, on a limited, periodic and sampling basis, nonpaid work activities while exploring the occupation. The employer or work station supervisor may, but shall not be required to, teach production or other job skills to the Exploratory Work Experience Education student. The length of exploratory assignments may vary, depending on the aptitude of the student, the occupation being explored, the facilities of the work station, and the job classification. A student may not be a part of Exploratory Work Experience Education if pay is received for like work at the same work station or similar job during hours when not assigned as an Exploratory Work Experience Education student. The student shall not replace a paid employee. The district shall provide Worker's Compensation Insurance for the student. A student in Exploratory Work Experience Education may be less than 16 years of age. Permits to Employ and Work (CDE Form B1-4, revised 07-10) are not required for students enrolled in Exploratory Work Experience Education.
NOTE
Authority cited: Section 51762, Education Code. Reference: Sections 51760, 51760.3, 51764 and 51769, Education Code.
HISTORY
1. Amendment of subsections (a)-(c) and Note filed 3-21-2011; operative 4-20-2011 (Register 2011, No. 12).
§10072. Selection and Approval of Work Stations.
Note
In selecting and approving a work station for an individual student, the Work Experience Education-Coordinator shall approve work stations that will enable the student to accomplish meaningful learning objectives.
NOTE
Authority cited: Section 51762, Education Code. Reference: Section 51762.5(a), Education Code.
§10073. Related Classroom Instruction.
Note
The Work Experience Teacher-Coordinator shall conduct the related classroom instruction. Related classroom instruction shall be developed for each semester and type of Work Experience Education offered, including units in appropriate scope and sequence.
NOTE
Authority cited: Section 51762, Education Code. Reference: Section 51762.5, Education Code.
§10074. Supervision of Students.
Note
In carrying out the district plan for Work Experience Education, the Teacher-Coordinator shall provide for supervision of students by preparing individual training plans, observing and consulting with students, and making a minimum of two on-site contacts per semester with each work station supervisor and a minimum of one on-site contact during summer school to evaluate student performance.
NOTE
Authority cited: Section 51762, Education Code. Reference: Section 51762.5(c), Education Code.
§10075. Work Experience Education Teacher-Coordinator Minimum Qualifications.
Note • History
(a) The Work Experience Education Teacher-Coordinator shall possess a valid California credential, have two years of occupational experience outside the field of education, and have knowledge of the educational purposes, standards, laws, and rules and regulations applicable to Work Experience Education.
(b) For the purpose of this section, credential means a Preliminary, Professional Clear, Life Credential, or any non-intern teaching credential issued under prior statutes that authorizes a person to teach in California K-12 schools.
NOTE
Authority cited: Section 51762, Education Code. Reference: Section 51762.5, Education Code.
HISTORY
1. Amendment of section and Note filed 3-21-2011; operative 4-20-2011 (Register 2011, No. 12).
Article 5. Community Classrooms
Note • History
(a) “Community Classroom” is an instructional methodology which utilizes unpaid on-the-job training experiences at business, industry, and public agency sites to assist students in acquiring those competencies (skills, knowledge, and attitudes) necessary to acquire entry-level employment. The intent of the community classroom methodology is to provide additional resources so concurrent, formalized classroom instruction can be extended and the acquisition of salable skills enhanced.
(b) “Competency” means the prescribed performance level for a skill, knowledge, and attitude necessary to accomplish a job task.
(c) “Formal Vocational Instruction” means instruction provided by a qualified teacher, utilizing a lesson plan, to a group of students in a classroom.
(d) “Related Classroom Instruction” means formal vocational instruction which is correlated with unpaid on-the-job training experiences.
(e) “Community Classroom Teacher” is the certificated vocational education instructor, employed by the local educational agency operating a community classroom instruction, conducts the required visitations to on-the-job training stations, and verifies student acquisition of competencies identified in the training plan.
(f) “Community Classroom Joint Venture Training Agreement” is a written document which describes the conditions and requirements to be met by the local educational agency and management of the community classroom in the utilization of business, industry, and public agency resources for vocational instruction.
(g) “The Management of the Community Classroom” is the owner or designated employee(s), representing the entity offering its resources for vocational instruction, who assists the local educational agency in the operation of community classroom.
(h) “Community Classroom Individualized Training Plan” is a written document which identifies those competencies the student will acquire through vocational classroom instruction and unpaid on-the-job training experiences.
(i) “Concurrent Classroom Instruction” means classroom instruction and unpaid on-the-job training experiences are being conducted together within the same time frame (quarter, semester, program year, etc.
(j) “Approved Vocational Education Course/Program” means the State Department of Education has approved the vocational education course/program by either signing a ROC/P Course Approval Application (Form VE-77) or local educational agency Program Inventory (Form VE-30).
(k) “Community Classroom Training Station” is the business/industry or public agency location where the student receives his/her unpaid on-the-job training experiences.
(l) “Methodology” means a technique or procedure used for teaching students skills.
(m) “Supervision/Coordination” are those activities performed by the community classroom teacher, usually outside of the classroom, that include but are not limited to advisory committee operation, program promotion, recruitment, selection of training stations, training plan development, relating in-school instruction to unpaid on-the-job training, on-the-job student/employer visitations, and evaluation of student progress.
NOTE
Authority cited: Sections 52372 and 52372.1, Education Code. Reference: Section 52372.1, Education Code.
HISTORY
1. New Article 6 (Sections 10090-10092) filed 4-18-75, effective thirtieth day thereafter (Register 75, No. 16).
2. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Renumbering of Article 6 (Sections 10090-10092) to Article 5 filed 11-7-79; effective thirtieth day thereafter (Register 79, No. 45). 4. Renumbering and amendment of former Section 10090 to Section 10080 filed 12-3-87; operative 1-2-88 (Register 87, No. 50).
§10081. Academic Credit for Participation in Community Classroom.
Note • History
Provision shall be made for evaluating and rating each student's achievement in Community Classroom. Credit shall be granted for the satisfactory completion of the following:
(a) Evaluation of participation in related classroom instruction which is the responsibility of the community classroom teacher.
(b) Evaluation of participation at the unpaid training station which is the responsibility of the community classroom teacher with the assistance of the management of the community classroom.
NOTE
Authority cited: Sections 52372 and 52372.1, Education Code. Reference: Section 52372.1(a)(7), Education Code.
HISTORY
1. New section filed 12-3-87; operative 1-2-88 (Register 87, No. 50).
§10082. Student Qualifications.
Note • History
In order to qualify for participation in Community Classroom, an individual must be concurrently enrolled in the approved vocational education course/program.
NOTE
Authority cited: Sections 52372 and 52372.1, Education Code. Reference: Section 52372, 52372.1(a)(2) and (c), Education Code.
HISTORY
1. New section filed 12-3-87; operative 1-2-88 (Register 87, No. 50).
§10083. Teacher Responsibilities.
Note • History
The community classroom teacher shall:
(a) Provide concurrent formal vocational classroom instruction. Instruction shall be based on skills, knowledges, attitudes, and related performance levels in the occupation for which instruction is conducted.
(b) Conduct required training station visits to observe students, provide instruction, and ensure that student acquisition of competencies identified in the individualized training plan is occurring.
(c) Prepare individualized training plans.
(d) Locate and select training stations to provide students unpaid on-the-job learning experiences commensurate with their skill training.
(e) Monitor the student's progress by completing the individualize training plan.
(f) Provide ongoing and final evaluation of the student's achievement of course instruction objectives.
NOTE
Authority cited: Sections 52372 and 52372.1(a), Education Code. Reference: Sections 46300(f), 52372.1(a)(1), (2), (3), (4), (c) and (d), Education Code.
HISTORY
1. New section filed 12-3-87; operative 1-2-88 (Register 87, No. 50).
Note • History
The community classroom teacher shall keep on file, copies of the following records:
(a) Joint Venture Training Agreement.
(b) Individualized Training Plan.
(c) Community Classroom teacher unpaid training station visitations and community classroom site management consultations regarding student progress and training plan on-the-job experiences.
(d) Pupil's training hours from the management of the community classroom.
(e) Students assigned at community classroom sites including locations, duration of time, dates, and hours.
NOTE
Authority cited: Sections 52372 and 52372.1(a), Education Code. Reference: Sections 52372.1(a)(3), 52372.1(a)(4), (a)(6) and (d), Education Code.
HISTORY
1. New section filed 12-3-87; operative 1-2-88 (Register 87, No. 50).
§10085. Related Classroom Instruction.
Note • History
(a) Formal related concurrent vocational classroom instruction shall be:
(1) Based on the skills, knowledges, attitudes, and related performance levels in the occupation for which training is conducted.
(2) Provided at a minimum equivalency of three instructional periods per week. An instructional period must equal at least 50 minutes. A minimum of one instructional period per week shall be scheduled and conducted.
(b) The curriculum for a vocational course/program, utilizing the community classroom methodology, shall identify how competencies necessary for employment will be taught through concurrent classroom instruction and be expanded through unpaid on-the-job training experiences.
NOTE
Authority cited: Section 52372.1(a), Education Code. Reference: Sections 52372.1(a)(2) and (c), Education Code.
HISTORY
1. New section filed 12-3-87; operative 1-2-88 (Register 87, No. 50).
§10086. Selection and Approval of Community Classroom Training Stations.
Note • History
The following criteria shall be used to select and approve a community classroom training station:
(a) The management of the community classroom training station shall:
(1) Have a clear understanding of the community classroom methodology and a willingness to participate in the training experience.
(2) Cooperate with the vocational education director, or his/her designee, in preparing a written joint venture agreement.
(3) Participate with the community classroom teacher in preparing an individualized training plan.
(4) Provide and assist students with unpaid on-the-job training experiences as described in the individualized training plan.
(5) Consult with the community classroom teacher regarding the student's progress during the unpaid on-the-job training experiences.
(6) Assist in maintaining accurate records of the pupil's training hours.
(b) The training station shall offer training opportunities in the specific occupation for which the course is approved. Training opportunities at the station shall expand competencies developed in the classroom instruction portion of the student's training.
(c) The training station shall have adequate equipment, materials, and other resources to provide an appropriate learning opportunity.
(d) Training station conditions shall prevail which will not endanger the health, safety, welfare, or morals of the pupil.
(e) The training station shall be concurrently engaged in a business operation which requires employment in the occupation for which training is provided.
NOTE
Authority cited: Section 52372.1(a), Education Code. Reference: Sections 44806, 46300(f), 52372.1(a), (3), (4), (6) and (d), Education Code.
HISTORY
1. New section filed 12-3-87; operative 1-2-88 (Register 87, No. 50).
§10087. Community Classroom Joint Venture Training Agreements and Plans.
Note • History
(a) A written joint venture training agreement shall be entered into between the director, or his/her designee, of the local educational agency and the management of the community classroom site.
(b) The community classroom teacher, in cooperation with the management of the community classroom site, shall prepare an individualized training plan for each pupil to include, but not be limited to, the following:
(1) Competencies to be included in the instructional objectives of the approved course/program.
(2) Expected duration of training for competencies necessary for employment.
(3) Identification of competencies to be taught in either related classroom instruction and/or the unpaid training station.
(4) Verification that the student has acquired the competency demonstrating a proficiency equivalent to entry-level employment. A copy of the community classroom training plan shall be maintained at the community classroom training station.
NOTE
Authority cited: Section 52372.1(a), Education Code. Reference: Section 52372.1(a)(4) and (d), Education Code.
HISTORY
1. New section filed 12-3-87; operative 1-2-88 (Register 87, No. 50).
§10088. Supervision of Students.
Note • History
(a) The community classroom teacher shall make at least one visitation every 3 weeks to consult with the management of the community classroom, observe students at the training station, provide instruction, and ensure that student acquisition of competencies identified in the individualized training plan is occurring.
Each visitation shall include an observation of the student engaged in unpaid on-the-job training experiences.
(b) The community classroom teacher shall be provided time for supervision/coordination equivalent to one hour per week for every five community classroom students enrolled. When less than five students are enrolled, a minimum of one hour per week of supervision/coordination time shall be provided.
(c) Only the community classroom teacher who provides related classroom instruction shall provide supervision/coordination for the unpaid on-the-job training of students.
NOTE
Authority cited: Section 52372.1(a), Education Code. Reference: Section 52372.1(a)(2) and (a)(3), Education Code.
HISTORY
1. New section filed 12-3-87; operative 1-2-88 (Register 87, No. 50).
§10089. Student-Teacher Ratio.
Note • History
(a) The maximum number of students per vocational education course section utilizing the community classroom and/or cooperative vocational education methodology shall not exceed 30 at any time.
(b) The maximum number of students assigned to a vocational education instructor, utilizing the community classroom and/or cooperative vocational education methodology, including both related classroom instruction and supervision/coordination, shall not exceed 75 at any time.
NOTE
Authority cited: Section 52372.1(a), Education Code. Reference: Section 52372.1(a)(5), Education Code.
HISTORY
1. New section filed 12-3-87; operative 1-2-88 (Register 87, No. 50).
§10090. Unpaid On-the-Job Experiences.
Note • History
(a) The unpaid on-the-job training element of the program shall not:
(1) Provide the management of the community classroom site with an immediate benefit.
(2) Allow a student to replace an employee of the community classroom site or cause the employee's hours to be reduced, nor shall the student's training activities preclude the hiring of additional employees.
(3) Include productive work of any kind as defined by State and Federal Labor Regulations (Div. 2, Part 4 commencing with section 201, California Labor Code; Fair Labor Stds. Act, 29 U.S.C., sections 201 et seq.).
(b) Unpaid on-the-job training experiences shall only expand competencies developed in the classroom instruction portion of the vocational course/program utilizing the community classroom methodology.
NOTE
Authority cited: Section 52372.1, Education Code. Reference: Sections 52372.1 and 52372.1, Education Code.
HISTORY
1. Renumbering and amendment of former Section 10090 to Section 10080, and new Section 10090 filed 12-3-87; operative 1-2-88 (Register 87, No. 50). For history of former Section 10090, see Register 79, No. 45.
2. Change without regulatory effect amending subsection (a)(3) and Note filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§10091. Programs Conducted in Community Classrooms. [Repealed]
Note • History
NOTE
Authority cited: Section 51054, Education Code. Reference: Section 51054, Education Code.
HISTORY
1. Repealer filed 12-3-87; operative 1-2-88 (Register 87, No. 50).
History
The provisions of this article do not apply to community colleges or to private postsecondary schools under contract pursuant to Education Code Section 8092.
HISTORY
1. Amendment filed 10-30-75; effective thirtieth day thereafter (Register 75, No. 44).
2. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Article 6. Cooperative Vocational Education
Note • History
(a) “Cooperative Vocational Education” is an instructional methodology which correlates concurrent, formal vocational classroom instruction with regularly scheduled, paid on-the-job training experience. Cooperative vocational education assists students to develop and refine occupational competencies (attitudes, skills, and knowledges) needed to acquire, adjust, and advance in an occupation.
(b) “Competency” means the prescribed performance level for a skill, knowledge, and attitude necessary to accomplish a job task.
(c) “Formal Vocational Instruction” means instruction provided by a qualified teacher, utilizing a lesson plan, to a group of students in a classroom.
(d) “Related Classroom Instruction” means formal vocational instruction which is correlated with paid on-the-job training experiences.
(e) “Cooperative Vocational Education Teacher” is the certificated vocational education instructor, employed by the local educational agency, operating a cooperative vocational education instructional methodology, who provides the formal vocational classroom instruction, conducts the required visitations to paid on-the-job training stations, and verifies student acquisition of competencies identified in the training plan.
(f) “Cooperative Vocational Education Training Agreement” is a written document which describes the conditions and requirements to be met by those parties (school, employer, student, and parent) involved with the utilization of business and industry resources for vocational instruction.
(g) “Cooperative Vocational Education Individualized Training Plan” is a written document which identifies those competencies the student will acquire through vocational classroom instruction and paid on-the-job experiences.
(h) “Concurrent Classroom Instruction” means classroom instruction and paid on-the-job training experiences are being conducted together within the same time-frame (quarter, semester, program year, etc.).
(i) “Approved Vocational Education Course/Program” means the State Department of Education has approved the vocational education course/program by either signing a ROC/P Course Approval application (Form VE-77) or local educational agency Program Inventory (Form VE-30).
(j) “Cooperative Vocational Education Training Station” is the business/industry, location, public or private, where the student receives his/her regularly, scheduled, paid, on-the-job training experiences.
(k) “Methodology” means a technique or procedure used for teaching students skills.
(l ) “Supervision/Coordination” are those activities performed by the cooperative vocational education teacher, usually outside of the classroom that include, but are not limited to: advisory committee operation, program promotion/recruitment, selection of training stations, training plan development, relating in-school instruction to paid on-the-job training, on-the-job student/employer visitations, and evaluation of student progress.
NOTE
Authority cited: Sections 52372 and 52372.1(a), Education Code. Reference: Section 52372.1(a), Education Code.
HISTORY
1. New Article 7 (Sections 10100-10107) filed 10-22-76; effective thirtieth day thereafter (Register 76, No. 43).
2. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Renumbering of Article 7 (Sections 10100-10107) to Article 6 filed 11-7-79; effective thirtieth day thereafter (Register 79, No. 45).
4. Repealer of former Section 10100 and renumbering and amendment of former Section 10101 to Section 10100 filed 10-6-83; effective thirtieth day thereafter (Register 83, No. 41).
5. Amendment filed 12-3-87; operative 1-2-88 (Register 87, No. 50).
§10101. Advisory Committee. [Repealed]
Note • History
NOTE
Authority cited: Section 52372, Education Code. Reference: Section 52372, Education Code.
HISTORY
1. Renumbering and amendment of former Section 10101 to Section 10100 and renumbering and amendment of former Section 10102 to Section 10101 filed 10-6-83; effective thirtieth day thereafter (Register 83, No. 41).
2. Repealer filed 12-3-87; operative 1-2-88 (Register 87, No. 50).
§10102. Academic Credit for Participation in Cooperative Vocational Education.
Note • History
Provision shall be made for evaluating and rating each student's achievement in Cooperative Vocational Education. Credit shall be granted for the satisfactory completion of the following:
(a) Evaluation of participation in related classroom instruction which is the responsibility of the cooperative vocational education teacher.
(b) Evaluation of participation at the paid training station which is the responsibility of the cooperative vocational education teacher with the assistance of the employer.
NOTE
Authority cited: Sections 52372 and 52372.1(a)(7), Education Code. Reference: Section 52372.1(a)(7), Education Code.
HISTORY
1. Renumbering and amendment of former Section 10102 to Section 10101 and renumbering and amendment of former Section 10103 to Section 10102 filed 10-6-83; effective thirtieth day thereafter (Register 83, No. 41).
2. Amendment filed 12-3-87; operative 1-2-88 (Register 87, No. 50).
§10103. Student Qualifications.
Note • History
In order to qualify for participation in cooperative vocational education, a student shall:
(a) Be at least 16 years of age except, a student with exceptional needs, including, but not limited to, financial or motivational needs as determined by the principal or local educational director.
(b) Be a full-time student. For the purpose of this section, a full-time student means one of the following:
(1) A student enrolled in continuation/alternative education.
(2) A student enrolled in a regional occupational center or regional occupational program.
(3) A student enrolled in the regular school for the minimum day, excluding cooperative vocational education.
(4) A student enrolled in a summer school approved pursuant to regulations of the State Board.
(c) Have parental or guardian approval if under 18 years of age.
(d) Be currently enrolled in the approved vocational education course/program.
NOTE
Authority cited: Section 52372, Education Code. Reference: Sections 52372 and 52372.1(e), Education Code.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Renumbering and amendment of former Section 10103 to Section 10102 and renumbering and amendment of Section 10104 to Section 10103 filed 10-6-83; effective thirtieth day thereafter (Register 83, No. 41).
3. Amendment filed 12-3-87; operative 1-2-88 (Register 87, No. 50).
§10104. Teacher Responsibilities.
Note • History
The cooperative vocational education teacher shall:
(a) Assist students in career planning and guidance.
(b) Locate and select training stations to provide students on-the-job training experiences commensurate with their abilities and interests.
(c) Plan on-the-job training station experiences with the employer.
(d) Provide a written evaluation of the paid on-the-job progress of the student at least once each grading period.
(e) Assist students with continued educational objectives and/or employment placement.
(f) Provide concurrent, formal, related classroom instruction.
(g) Conduct required training station visits to observe students and ensure that student acquisition of competencies identified in the individualized training plan is occurring.
(h) Prepare individualized training plans.
(i) Provide ongoing and final evaluation of the student's achievement of course/program instructional objectives.
NOTE
Authority cited: Sections 52372 and 52372.1(a), Education Code. Reference: Sections 46300(f), 52372.1(a)(1), (2), (3), (4) and (6), Education Code.
HISTORY
1. Renumbering and amendment of former Section 10104 to Section 10103 and renumbering and amendment of former Section 10105 to Section 10104 filed 10-6-83; effective thirtieth day thereafter (Register 83, No. 41).
2. Amendment filed 12-3-87; operative 1-2-88 (Register 87, No. 50).
Note • History
The cooperative vocational education teacher shall keep on file copies of the following records:
(a) Evidence of work permits issued.
(b) Training agreements.
(c) Individualized training plans.
(d) Cooperative vocational education teacher on-site training station visitations and employer consultations regarding student progress and training plan paid on-the-job experiences.
(e) Pupil training hours from the employer.
(f) Students enrolled in the cooperative vocational education program, including the names of firms that served as training stations, the duration of time the students were employed, and the total number of hours the students were employed.
NOTE
Authority cited: Sections 52372 and 52372.1(a), Education Code. Reference: Section 52372.1(a), Education Code.
HISTORY
1. Renumbering and amendment of former Section 10105 to Section 10104 and renumbering and amendment of former Section 10106 to Section 10105 filed 10-6-83; effective thirtieth day thereafter (Register 83, No. 41).
2. Amendment filed 12-3-87; operative 1-2-88 (Register 87, No. 50).
§10106. Related Classroom Instructions.
Note • History
(a) Formal related vocational classroom instruction shall be:
(1) Concurrent and directly related to the paid on-the-job training of students.
(2) Organized to ensure that each student will have sufficient number of hours of related classroom instruction and on-the-job training experience to provide the student with those competencies necessary for employment and advancement in the occupational area for which training is offered.
(3) Provided at a minimum equivalency of three instructional periods per week. An instructional period must equal at least 50 minutes. A minimum of one instructional period per week shall be scheduled and conducted.
(b) The curriculum for a vocational course/program, utilizing the cooperative vocational education methodology, shall identify how competencies necessary for employment will be taught through concurrent classroom instruction and on-the-job training experiences.
NOTE
Authority cited: Section 52372.1, Education Code. Reference: Section 52372.1(a)(2) and (b), Education Code.
HISTORY
1. New section filed 12-3-87; operative 1-2-88 (Register 87, No. 50).
§10107. Selection and Approval of Training Stations.
Note • History
The following criteria shall be used to select and approve training stations.
(a) The employer at the cooperative vocational education training station shall:
(1) Have a clear understanding of program objectives and a willingness to participate in the program.
(2) Provide adequate supervision to ensure a planned program of the students' paid on-the-job training in order that the student may receive maximum education benefit.
(3) Consult with the cooperative vocational education teacher regarding the paid on-the-job progress of the student.
(4) Cooperate with the vocational education director or his or her designee in preparing a written training agreement.
(5) Participate with the cooperative vocational education teacher and the student in preparing an individualized training plan.
(6) Provide a minimum of 8 hours of paid employment per week to assist students to acquire those competencies necessary for employment and advancement in the occupational area for which training is offered.
(7) Assist in maintaining accurate records of the students' training hours.
(8) Provide Workers' Compensation Insurance for students employed through the Cooperative Vocational Education Program.
(b) The training station shall offer training opportunities in the specific occupation for which the course is approved. Training opportunities at the paid station shall be in the occupation for which related instruction is provided.
(c) Training station working conditions shall not endanger the health, safety, welfare or morals of the students.
(d) The training station shall have adequate equipment, materials and other resources to provide an appropriate learning opportunity.
NOTE
Authority cited: Sections 52372 and 52372.1(a), Education Code. Reference: Sections 44806, 46300(f), 51769, 52372, 52372.1(a)(1), (a)(3), (a)(4), (a)(6) and (b), Education Code.
HISTORY
1. Amendment filed 10-6-83; effective thirtieth day thereafter (Register 83, No. 41).
2. Amendment filed 12-3-87; operative 1-2-88 (Register 87, No. 50).
§10108. Cooperative Vocational Education Training Agreements and Individualized Training Plans.
Note • History
(a) The vocational education director or his/her designee shall prepare a written training agreement which delineates the responsibilities of each employer and local education agency.
(b) The cooperative vocational education teacher in cooperation with the training station employer and student shall prepare an individualized training plan for each pupil to include, but not be limited to, the following:
(1) Competencies to be presented in the instructional objectives of the approved course/program.
(2) Expected duration of training for competencies necessary for employment.
(3) Identification of competencies to be taught in either related classroom instruction and/or the paid training station.
(4) Verification that the student has acquired the competency by demonstrating a proficiency equivalent to entry-level employment and/or advanced occupational areas. A copy of the individualized training plan shall be maintained at the cooperative vocational education training station.
NOTE
Authority cited: Sections 46300(f) and 52372.1(a), Education Code. Reference: Sections 46300(f), 52372.1(a)(4) and (b), Education Code.
HISTORY
1. New section filed 12-3-87; operative 1-2-88 (Register 87, No. 50).
§10109. Supervision of Students.
Note • History
(a) The cooperative vocational education teacher shall make at least one visitation every four weeks to each employer to ensure that the training agreement provisions are being met and student acquisition of competencies identified in the individualized training plan are occurring.
One out of every two visits to the training station must include an observation of the student engaged in on-the-job training experiences.
(b) The cooperative vocational education teacher shall be provided time for supervision/coordination equivalent to one hour per week for every five cooperative vocational education students enrolled. When less than five students are enrolled, a minimum of one hour per week of supervision/coordination time shall be provided.
(c) Only the cooperative vocational education teacher who provides related classroom instruction shall provide supervision/coordination for the paid on-the-job training of students.
NOTE
Authority cited: Section 52372.1(a), Education Code. Reference: Section 52372.1(a)(2) and (a)(3), Education Code.
HISTORY
1. New section filed 12-3-87; operative 1-2-88 (Register 87, No. 50).
§10110. Student-Teacher Ratio.
Note • History
(a) The maximum number of students per vocational education course section utilizing the community classroom and/or cooperative vocational education methodology shall not exceed 30 at any time.
(b) The maximum number of students assigned to a vocational education instructor utilizing the community classroom and/or cooperative vocational education methodology, including both related classroom instruction and supervision/coordination, shall not exceed 75 at any time.
NOTE
Authority cited: Section 52372.1, Education Code. References: Section 52372.1(a)(5), Education Code.
HISTORY
1. New section filed 12-3-87; operative 1-2-88 (Register 87, No. 50).
§10111. Paid On-the-Job Experiences.
Note • History
(a) The paid on-the-job training experience shall be:
(1) Regularly scheduled.
(2) In the specific occupation for which the course/program is approved.
NOTE
Authority cited: Section 52372.1(a), Education Code. Reference: Section 52372.1(a)(6) and (b), Education Code.
HISTORY
1. New section filed 12-3-87; operative 1-2-88 (Register 87, no. 50).
Article 7. Work Permits
§10120. Self-Certification for Public and Private School Principals.
Note • History
The Permit to Employ and Work (CDE Form B1-4, revised 07-10) and the Statement of Intent to Employ A Minor and Request for Work Permit-Certificate of Age (CDE Form B1-1, revised 07-10) for the purpose of authorizing a pupil to work pursuant to Education Code sections 49100-49119, inclusive, are hereby incorporated by reference.
NOTE
Authority cited: Sections 49117 and 49162, Education Code. Reference: Sections 49110, 49114, 49117, 49160, 49162 and 49163, Education Code.
HISTORY
1. New article 7 (section 10120) and section filed 3-21-2011; operative 4-20-2011 (Register 2011, No. 12).
Note • History
A Statement of Intent to Employ A Minor and Request For Work Permit - Certificate of Age (CDE Form B1-1 revised 07-10) shall be completed by the parent or guardian to certify age in place of a Certificate of Age.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 49110 and 49114, Education Code.
HISTORY
1. New section filed 10-18-2011; operative 11-17-2011 (Register 2011, No. 42).
§10121. Volunteers/Unpaid Trainees and Work Permits.
Note • History
Work permits are not required for minors who meet all of the following conditions:
(a) the minor is not receiving pay or financial reimbursement for services rendered in volunteer services or educational purposes;
(b) the minor is not in an employer-employee relationship in accordance with The Fair Labor Standards Act and the minor is an unpaid trainee, volunteer, or in-school placement; and
(c) the minor has parental permission and has submitted written evidence thereof with the school district, charter school, or private school of enrollment.
NOTE
Authority cited: Section 33031, Education Code. References: Sections 49110, 51760 and 51762, Education Code; Section 1299, Labor Code; and 29 C.F.R. Section 570.5.
HISTORY
1. New section filed 10-18-2011; operative 11-17-2011 (Register 2011, No. 42).
Chapter 10.2. Adult Education
Subchapter 1. Adult Schools and Classes for Adults (General)
Article 1. General Provisions
Note • History
NOTE
Authority cited for Chapter 1: Sections 33031, 41841.5, 52501, 52506, 52515-52517 and 52570, Education Code. Reference: Sections 48040, 41841.5, and Chapter 10 of Part 28 of Division 4, Education Code.
HISTORY
1. New Chapter 1 (§§ 10500-10508, 10520-10525, 10530-10533, 10540-10544, 10560-10563) filed 3-23-70; effective thirtieth day thereafter (Register 70, No. 13).
2. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Amendment filed 12-23-77; effective thirtieth day thereafter (Register 77, No. 52).
4. Repealer filed 10-6-83; effective thirtieth day thereafter (Register 83, No. 41).
Note • History
(a) “Facilities Clearly Identified” is the posting of an appropriate sign in a publicly visible location identifying the location as a classroom site of the adult school, or listing the location in a public announcement, documents, or brochures.
(b) “Adult,” for purposes of attendance counting, means a person 16 years of age or older.
NOTE
Authority cited: Sections 33031 and 52517, Education Code. Reference: Sections 52610 and 52517, Education Code.
HISTORY
1. Amendment of subsection (a) and repealer of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Amendment filed 12-23-77; effective thirtieth day thereafter (Register 77, No. 52).
3. Amendment filed 10-6-83; effective thirtieth day thereafter (Register 83, No. 41).
§10502. Maintenance. [Repealed]
History
HISTORY
1. Repealer filed 10-6-83; effective thirtieth day thereafter (Register 83, No. 41).
§10503. Educational Purpose. [Repealed]
History
HISTORY
1. Amendment filed 12-23-77; effective thirtieth day thereafter (Register 77, No. 52).
2. Repealer filed 10-6-83; effective thirtieth day thereafter (Register 83, No. 41).
§10504. Use of Films. [Repealed]
History
HISTORY
1. Amendment filed 12-23-77; effective thirtieth day thereafter (Register 77, No. 52).
2. Repealer filed 10-6-83; effective thirtieth day thereafter (Register 83, No. 41).
§10505. Recreational Classes Not Permitted. [Repealed]
History
HISTORY
1. Repealer filed 12-23-77; effective thirtieth day thereafter (Register 77, No. 52).
§10506. Classes in Connection with Organizations. [Repealed]
History
HISTORY
1. Repealer filed 12-23-77; effective thirtieth day thereafter (Register 77, No. 52).
§10507. Attendance and Enrollment. [Repealed]
History
HISTORY
1. Repealer filed 12-23-77; effective thirtieth day thereafter (Register 77, No. 52).
History
(a) The program administrators, counselors and teachers of each school district maintaining adult schools and classes for adults shall keep such records and shall make such reports relating to such schools and classes as may be required by the Field Services Section and be subject to inspection.
(b) Course outlines in all subjects shall be on file available for review.
HISTORY
1. Amendment filed 12-23-77; effective thirtieth day thereafter (Register 77, No. 52).
Article 2. Approval of Adult Schools and Classes
§10520. Approval of Adult Schools. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031, 41841.5, 52501, 52506, 52515, 52516, 52517, 52570, Education Code. Reference: Sections 52500-52615, Education Code.
HISTORY
1. Amendment filed 12-23-77; effective thirtieth day thereafter (Register 77, No. 52).
2. Repealer filed 11-7-79; effective thirtieth day thereafter (Register 79, No. 45).
§10521. Approval of Classes for Adults. [Repealed]
History
HISTORY
1. Amendment filed 12-23-77; effective thirtieth day thereafter (Register 77, No. 52).
2. Repealer filed 10-6-83; effective thirtieth day thereafter (Register 83, No. 41).
§10522. Areas of Instruction Approved. [Repealed]
History
HISTORY
1. Amendment filed 12-23-77; effective thirtieth day thereafter (Register 77, No. 52).
2. Repealer filed 10-6-83; effective thirtieth day thereafter (Register83, No. 41).
§10523. Areas of Instruction Requiring Supplementary Information. [Repealed]
History
HISTORY
1. Amendment filed 12-23-77; effective thirtieth day thereafter (Register 77, No. 52).
2. Repealer filed 10-6-83; effective thirtieth day thereafter (Register 83, No. 41).
§10524. Attendance and Enrollment.
Note • History
Each program area as authorized in Education Code Section 41976 shall be designed for and attended primarily by adults.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 41976 and 52500, Education Code.
HISTORY
1. Amendment filed 12-23-77; effective thirtieth day thereafter (Register 77, No. 52).
2. Amendment filed 10-6-83; effective thirtieth day thereafter (Register 83, No. 41).
§10525. Compliance with Regulations. [Repealed]
History
HISTORY
1. Amendment filed 12-23-77; effective thirtieth day thereafter (Register 77, No. 52).
2. Repealer filed 10-6-83; effective thirtieth day thereafter (Register 83, No. 41).
Article 3. Standards for Adult Schools
§10530. Counseling and Guidance Services.
An approved adult school shall provide counseling and guidance services adequate to meet the needs of the students attending classes of such school.
History
HISTORY
1. Amendment filed 12-23-77; effective thirtieth day thereafter (Register 77, No. 52).
2. Repealer filed 10-6-83; effective thirtieth day thereafter (Register 83, No. 41).
History
HISTORY
1. Amendment filed 12-23-77; effective thirtieth day thereafter (Register 77, No. 52).
2. Repealer filed 10-6-83; effective thirtieth day thereafter (Register 83, No. 41).
History
HISTORY
1. Repealer filed 10-6-83; effective thirtieth day thereafter (Register 83, No. 41).
§10534. Apportionments. Required Proportional Level of Service. [Repealed]
Note • History
NOTE
Authority cited: Section 41976(b), Education Code. Reference: Section 41976(b), Education Code.
HISTORY
1. New section filed 6-18-80; effective thirtieth day thereafter (Register 80, No. 25).
2. Repealer filed 10-6-83; effective thirtieth day thereafter (Register 83, No. 41).
Article 4. Standards for Particular Classes for Adults [Repealed]
HISTORY
1. Repealer of Article 4 (Sections 10540-10544) filed 10-6-83; effective thirtieth day thereafter (Register 83, No. 41).
Article 5. Standards of Administration
History
(a) Each class for adults shall be maintained in connection with the school furnishing the administrative, counseling and guidance, and supervisory services for the class.
(b) Administration--Under 100 A.D.A. In school districts that had a total of less than 100 units of average daily attendance in classes for adults during the preceding fiscal year, the governing board shall make a minimal assignment of properly credentialed personnel for administration, counseling and guidance, supervision, evaluation and curriculum development in the adult education program equivalent to one day per year for each unit of average daily attendance during the preceding fiscal year.
(c) Administration--Over 100 A.D.A. In a school district maintaining classes for adults in connection with a high school which had a total average daily attendance of 100 or more units in classes for adults during the preceding fiscal year, a separate adult school or schools shall be established by the governing board of the district as a separate administrative unit.
The administrator of each adult school shall be a properly credentialed person who is not a principal or a full-time vice principal of an elementary or secondary school.
The governing board shall make a minimal assignment of properly credentialed personnel exclusively for administration, supervision, evaluation, curriculum development and counseling and guidance in an adult school as follows:
A.D.A. in the particular
adult school during the
preceding fiscal year
100 through 199 One-half time of one administrator
200 through 299 One full-time administrator
300 through 399 One full-time administrator and
one-fourth time of one other person
400 and over One full-time administrator and
one-half time of one person for
each 200 units of such A.D.A. in
excess of 200
(d) Administration--Schools and Classes for Adults in County Tuberculosis or Poliomyelitis Hospitals or Sanitoriums.* The administration and counseling for adult schools and classes for adults maintained at a county tuberculosis or poliomyelitis ward, hospital, or sanitorium shall be the same as that employed in other adult schools and classes for adults of the district.
HISTORY
1. Renumbering of Sections 10561, 10562, 10563 to Section 10560 and amendment filed 12-23-77; effective thirtieth day thereafter (Register 77, No. 52).
* For other regulations applicable to such classes, see Section 3751.
§10561. Administration--Under 100 A.D.A. [Renumbered]
History
HISTORY
1. Renumbering of Sections 10561, 10562, 10563 to Section 10560 and amendment filed 12-23-77; effective thirtieth day thereafter (Register 77, No. 52).
§10562. Separate Adult Schools. [Renumbered]
History
HISTORY
1. Renumbering of Sections 10561, 10562, 10563 to Section 10560 and amendment filed 12-23-77; effective thirtieth day thereafter (Register 77, No. 52).
§10563. Administration.* Schools and Classes for Adults in County Tuberculosis or Poliomyelitis Hospitals or Sanitoriums. [Renumbered]
History
HISTORY
1. Renumbering of Sections 10561, 10562, 10563 to Section 10560 and amendment filed 12-23-77; effective thirtieth day thereafter (Register 77, No. 52).
* For other regulations applicable to such classes, see Section 3751.
Subchapter 2. Classes for Adults in County Jails, Industrial Farms, and County or Joint County Road Camps [Repealed]
NOTE
Authority cited for Chapter 2: Section 41841, Education Code. Specific authority cited: Sections 33031, 41841.5, 52501, 52506, 52515-52517, and 52570, Education Code. Reference: Sections 48040, 41841.5, and Chapter 10, Part 28, Division 4, Education Code.
HISTORY
1. New Subchapter 2 (§§ 10580 through 10591) filed 3-23-70; effective thirtieth day thereafter (Register 70, No. 13).
2. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Amendment filed 12-23-77; effective thirtieth day thereafter (Register 77, No. 52).
4. Repealer of Subchapter 2 (Sections 10580-10583, 10585-10591, not consecutive) filed 10-6-83; effective thirtieth day thereafter (Register 83, No. 41).
Subchapter 3. Adult Education Innovation and Alternative Instructional Delivery
Article 1. Administration
§10600. Allowable Expenditures.
Note • History
For purposes of the adult education innovation and alternative instructional delivery program, allowable expenditures are those costs defined in Education Code section 52616.4(a). All expenditures must be adequately supported by source documentation, including time records and other contemporaneous records documenting employee time spent working on the adult education innovation and alternative instructional delivery program. Records of non-personnel expenditures shall include documentation that the service, supply or equipment was used solely for the adult education innovation and alternative instructional delivery program. Record keeping shall comply with Education Code sections 41010 and 41011.
NOTE
Authority cited: Section 52522(d), Education Code. Reference: Sections 41010, 41011, 52506, 52522 and 52616.4(a), Education Code.
HISTORY
1. New subchapter 3, article 1 and section filed 4-4-94 as an emergency; operative 4-4-94 (Register 94, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-2-94 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.2(g) (Register 94, No. 36).
3. New subchapter 3, article 1 and section refiled 9-7-94; operative 9-7-94 (Register 94, No. 36).
§10605. Range Of Allowable Expenditures.
Note • History
School districts shall expend no more than $2,050 nor less than $9 per student enrolled in the adult education innovation and alternative instructional delivery program.
NOTE
Authority cited: Section 52522(d), Education Code. Reference: Sections 41010, 42238, 52506 and 52616, Education Code.
HISTORY
1. New section filed 4-4-94 as an emergency; operative 4-4-94 (Register 94, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-2-94 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.2(g) (Register 94, No. 36).
3. New section refiled 9-7-94; operative 9-7-94 (Register 94, No. 36).
§10610. Reporting Requirements.
Note • History
(a) Each applicant school district shall describe in its application to the state, the accountability procedures to be used in lieu of attendance records. The accountability procedures shall describe the source documentation which may include, but need not be limited to records of student enrollment, student-teacher contacts, student progress, and value-added student growth as verified through assessment.
(b) School districts participating in the adult education innovation and alternative instructional delivery program, by December 1 following the end of each school year, shall provide to the State Superintendent of Public Instruction an auditable fiscal report, a report of student participation, and a program evaluation report.
(1) The annual fiscal report shall include all allowable expenditures of the adult education innovation and alternative instructional delivery program as determined in Section 10600 of this article.
(2) Student participation reports shall include data converted to conform to the average student rate for successfully completing similar, traditional courses. Students who do not complete an entire course will qualify for partial participation credit based on the percentage of work completed as verified by post testing or completed student course work.
(3) The evaluation report shall include the requirements specified in Section 10615 of this article.
NOTE
Authority cited: Section 52522(d), Education Code. Reference: Sections 52506, 52522 and 52616.4(a), Education Code.
HISTORY
1. New section filed 4-4-94 as an emergency; operative 4-4-94 (Register 94, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-2-94 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.2(g) (Register 94, No. 36).
3. New section refiled 9-7-94; operative 9-7-94 (Register 94, No. 36).
Note • History
(a) In their applications, school districts participating in the adult education innovation and alternative instructional delivery program shall describe their evaluation procedures, including clearly defined and measurable objectives for improving delivery of adult education instruction.
(b) School districts shall report in their annual evaluation, the actual number of students served as well as the progress made in reaching goals and completing objectives and activities. Progress can be determined through a variety of mechanisms, such as standardized student testing, student competency attainment, increased student retention, and student employment status.
(c) The State Superintendent of Public Instruction shall use the evaluation process and reports to determine the school district's program impact on the adult education instructional delivery system, and may use evaluation results to modify or deny a school district's application to continue the innovation and alternative instructional delivery program in future years.
NOTE
Authority cited: Section 52522(d), Education Code. Reference: Sections 52506 and 52522, Education Code.
HISTORY
1. New section filed 4-4-94 as an emergency; operative 4-4-94 (Register 94, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-2-94 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.2(g) (Register 94, No. 36).
3. New section refiled 9-7-94 with editorial correction of subsection (a); operative 9-7-94 (Register 94, No. 36).
Chapter 11. Special Programs
Subchapter 1. Continuation Education
Article 1. Standards for Programs
§11000. Director of Continuation Education.
Note • History
The governing board of each school district maintaining compulsory continuation classes, a continuation high school, or an alternate program authorized under Section 48432 shall provide a director of continuation education who shall be responsible for the organization and administration of the district program of continuation education and guidance, placement, and follow-up.
NOTE
Authority cited for Article 1: Section 48432, Eduction Code.
HISTORY
1. New Article 1 (§§ 11000 through 11006) filed 12-18-69; effective thirtieth day thereafter (Register 69, No. 51).
2. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§11001. Programs of Guidance, Placement, and Follow-Up.
The guidance, placement, and follow-up services are to be provided on a regular basis and shall include the following:
(a) Personal Guidance. All pupils shall be provided with individual counsel in matters affecting their personal, social, and educational adjustment.
(b) Occupational Guidance. All pupils shall be provided with necessary occupational information that individually and realistically prepares them for future employment opportunities.
(c) Placement. All pupils shall be assisted in securing suitable employment whenever the pupil can benefit from such employment.
(d) Follow-up. The district shall provide all pupils with follow-up services as follows:
(1) Visitation of employed pupils at places of employment to determine the effectiveness of the guidance and placement services.
(2) Regular home contacts and parent conferences in cases where a student is not succeeding in a continuation program.
(3) Regular contacts with all students enrolled only 4 hours per week and all pupils suspended from continuation education with the intent of eventually returning them to the full-time continuation education program.
§11002. Instruction Based on Individual Needs.
The programs of instruction in continuation education shall be based upon individual needs as determined by the findings of the counseling and coordination services.
§11003. Coordination Programs.
The governing board of each school district maintaining continuation education schools or classes shall set up a plan to coordinate the pupils' instruction and training in the school with the home, employment, and other agencies and shall designate one or more persons as coordinators.
§11004. Separate Continuation High Schools.
History
(a) The continuation high school shall be established as a separate administrative unit by resolution of the governing board.
(b) An application for the establishment of any new continuation high school shall be approved by the California Department of Education as a condition to the recognition of the school as a separate continuation high school for apportionment purposes.
(c) The governing board shall appoint as principal of the school a person who holds a credential authorizing service as principal of a high school. The principal may serve as the director of continuation education if he holds an administrative credential.
(d) A continuation high school shall be conducted for not less than 175 days during a school year.
(e) In each continuation high school there shall be provided a curriculum that will enable the students to meet the requirements for graduation prescribed pursuant to Education Code sections 51224 and 51225.
HISTORY
1. Amendment of subsection (e) filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Change without regulatory effect amending subsections (b) and (e) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
History
(a) The Director of Education shall keep records and reports required for the annual report prescribed by the California Department of Education.
(b) The annual report shall contain a statement of the director of continuation education that the district, during the current school year has complied with Education Code section 48432 and this article.
HISTORY
1. Amendment of subsection (b) filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
A district shall not be entitled to receive any apportionment of funds on account of attendance in continuation education high schools or classes unless the district has complied fully with the provisions of this article.
Article 2. Exemption from Maintaining Continuation Education Classes
Note • History
An application for exemption from the requirement of maintaining special continuation education classes, as permitted by Education Code section 48432, shall describe the district's plan to provide instruction for pupils subject to continuation education. The application shall be submitted to the California Department of Education, Bureau of Elementary and Secondary Education, State Education Building, Sacramento, California, by June 30 for the following school year. If granted, the exemption shall apply to that school year only.
NOTE
Authority cited: Section 48436, Education Code.
HISTORY
1. New Article 2 (§ 11010) filed 12-18-69; effective thirtieth day thereafter (Register 69, No. 51).
2. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Change without regulatory effect amending section and Note filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
* For scholarship grants to teachers of reading, see Section 5710ff.
Subchapter 2. Special Elementary School Reading Instruction Programs*
*For scholarship grants to teachers of reading, see Section 5710.
Article 1. General Provisions
Note • History
This chapter applies:
(a) To all “Special Elementary School Reading Instruction Programs” that are established pursuant to and authorized by the Miller-Unruh Basic Reading Act of 1965, as amended, hereinafter called “the Act” (Sections 54100-54173 of the Education Code).
(b) To all districts that apply for allowances for the employment of specialist teachers in reading or for a salary allotment for professional school librarians.
NOTE
Authority cited for Article 1: Section 54103, Education Code.
HISTORY
1. New Article 1 (§§ 11200-11202) filed 12-18-69; effective thirtieth day thereafter (Register 69, No. 51).
2. Amendment of subsection (a) and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§11201. Reading Testing Program.
The reading testing program required by the Act in Grades 1, 2 and3 shall be conducted as provided in Sections 1050-1056.
§11202. Scholarship Grants for Teachers of Reading.
Scholarship grants for teachers of reading authorized by the Act shall be applied for, granted, and used in accordance with Sections 5710-5712.
Article 2. Nomination and Designation of Specialist Teacher in Reading
§11210. Nomination for the Position of Specialist Teacher.
Note • History
A governing board that nominates, pursuant to Education Code Section 54120, a qualified certificated employee of the district for the position of specialist teacher shall submit the nomination to the Commission for Teacher Preparation and Licensing (hereinafter in this Article called the Commission). The nomination shall be on a form supplied, and submitted in the manner prescribed, by the Bureau. Either the governing board of a school district or a certificated employee of a school district may request the Commission for the form.
NOTE
Authority cited for Article 2: Section 54103, Education Code.
HISTORY
1. New Article 2 (§§ 11210-11215) filed 12-18-69; effective thirtieth day thereafter (Register 69, No. 51).
2. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§11211. Petition by Certificated Employee to Be Appointed a Specialist Teacher.
History
A certificated employee may petition the Commission to be nominated a specialist teacher. The petition shall be submitted on the form and in the manner specified in Section 11210.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§11212. Appointment of Panels of Observers.
History
The Commission shall appoint members to each observer panel required by Education Code Section 54120, and shall designate the chairman of each panel. The Commission shall use any of the following criteria, or in the judgment of the Commission the equivalent thereof, as the basis for the selection of each person appointed as a member of an observer panel:
(a) In the judgment of the Commission the person has had sufficient preparation and experience directly related to the reading instruction of young pupils in the public schools or private schools of equivalent status to demonstrate familiarity with reading problems and knowledge of the various teaching skills and methodologies necessary to improve the quality and effectiveness of reading instruction.
(b) In the judgment of the Commission, the person has had sufficient preparation and experience at the college or university level, or sufficient other experience, directly related to the reading instruction of young pupils to demonstrate familiarity with reading problems and knowledge of the various teaching skills and methodologies necessary to improve the quality and effectiveness of reading instruction.
(c) The person is recognized by the Commission as an expert in the field of the teaching of reading, possessing familiarity with reading problems and knowledge of the various teaching skills and methodologies necessary to improve the quality and effectiveness of reading instruction of young pupils. Among other persons, a person who holds a certificate of “Specialist Teacher” in Reading under Education Code Section 54104 is deemed to be so recognized for the purposes of this section.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§11213. Conduct of Panel Observations.
The chairman of each panel, in cooperation with the chief administrative official of the school district in which the teacher to be observed is employed, shall schedule observation visitations. The panel chairman shall notify the teacher, the school district, and the other members of the panel of the time and date when the observation will be made. An observation visitation shall consist of direct observation by the panel of the teacher in his own classroom situation and shall be of sufficient duration to allow the teacher to demonstrate, through the selection and use of appropriate teaching techniques, his effectiveness in teaching young school pupils. The observation shall include, but need not be limited to,the reading period. The panel, in each instance, is authorized to interview the teacher and to seek additional information through persons who have first-hand information of the pedagogical skills possessed.
§11214. Report by Chairman of Observer Panel.
History
When a panel has completed its observation of the performance of a teacher, it shall, by a two-thirds vote of the members of the panel, nominate or deny nomination of the teacher for the position of specialist teacher. Within 10 days of such completion, the chairman of the panel, on forms provided by the California Department of Education, shall declare the decision, certify it to be the decision of the panel, and forward one copy of the completed form to the teachers observed by the panel, one copy to that teacher's governing board, and one copy to the Commission. The Commission shall notify a teacher nominated by the panel of the time and place of the written examination required by Education Code section 54122.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§11215. Examination for Specialist Teacher in Reading and Fees.
History
The Commission shall administer the examination program required by Education Code Section 54122. Applicants shall take the examination designated by the State Board. The applicant is required to pay the cost of administering and scoring the examination. Dates of the examination and other information may be obtained from the Commission upon request.
Each nominee successfully completing the examination shall pay for issuance of the certificate the amount fixed by the Commission for Teacher Preparation and Licensing in Section 6020 for issuance of a credential.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Article 3. Minimum Standards of Course Content for Basic Reading Program and Criteria for Approval of Application
§11220. Minimum Standards of Course Content for Basic Reading Program.
Note • History
The minimum standards of course content for a basic reading program are the following:
(a) Systematic instruction for pupils in basic skills of word recognition, including phonics, and comprehension of meaning such as set forth in the basic reading texts adopted by the State.
(b) Systematic and continuous practice provided the pupils in applying skills in reading for self-directed purposes.
(c) Presentation to pupils of a wide variety of literature appropriate to the ages, abilities, and interests of children in the program.
(d) Continuous assessment of language skills and abilities of pupils.
(e) Instruction and practice for pupils in the use of oral language as communication of meaning and expression of thought.
(f) Instruction, practice, and drill for children in use of oral language as reinforcement of skills necessary for correct hearing and speaking of the English language.
(g) Utilization of a wide variety of sensory experiences for pupils to provide a store of basic concepts with which to build meaning and interest.
(h) Demonstration for teachers of a variety of teaching methods.
(i) Assistance to teachers in techniques of informal observation of child behavior as a means of discovering reading disabilities.
(j) Assistance to teachers in planning effective organization for instruction.
NOTE
Authority cited for Article 3: Section 54161, Education Code.
HISTORY
1. New Article 3 (§§ 11220 and 11221) filed 12-18-69; effective thirtieth day thereafter (Register 69, No. 51).
2. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§11221. Criteria for Approving District Applications for Funds Pursuant to Section 5789. [Repealed]
History
HISTORY
1. Repealer filed 5-17-74; effective thirtieth day thereafter (Register 74, No. 20).
Article 4. Allowances to Districts for Employment of Specialist Teachers and Salaries of Librarians
§11230. Application for Allowance.
Note • History
An application by the governing board for an allowance for the employment of specialist teachers in reading (hereinafter called “specialist teacher”) and for the salary allotment for professional school librarians under the provisions of Education Code Section 54165 for the regular school year shall be made in accordance with the instructions provided on forms furnished by the Superintendent of Public Instruction.
NOTE
Authority cited for Article 4: Sections 54160, 54163 and 54164, Education Code. Issuing Agency: Superintendent of Public Instruction.
HISTORY
1. New Article 4 (§§ 11230-11237) filed 2-24-70; effective thirtieth day thereafter (Register 70, No. 9).
2. Amendment filed 5-17-74; effective thirtieth day thereafter (Register 74, No. 20).
3. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§11231. Contents of the Application.
History
The application shall be in two parts. Part I shall contain information necessary to determine eligibility, teacher quotas, priorities, and allowances. Part II shall contain the information required in Section 11221. Part I shall be in two sections.
(a) Prior Year's Program.
Section 1 shall be completed only for a program to be maintained at the level of the prior year's program and shall provide the information necessary:
(1) To determine continued eligibility,
(2) To compute allowances up to the number of specialist teachers and the number of specialist teachers served by librarians that were reported and approved on the annual certification of participation in the act (Form J-10A) of the year immediately preceding the year for which the application is made.
(b) New and Expanded Programs.
Section 2 shall be completed by districts wishing to start a program under the act and by districts already in the program who wish to expand beyond the level of the prior year. Section 2 shall provide the information necessary:
(1) To establish eligibility.
(2) To determine priority.
(3) To compute the allowances for specialist teachers' and librarians' salaries.
(c) Certifications.
The application shall contain a certification by the governing board that the application has been prepared in accordance with applicable laws and regulations and that all requirements regarding the employment and payment of reading specialist teachers are met.
HISTORY
1. Amendment filed 5-17-74; effective thirtieth day thereafter (Register 74, No. 20).
§11232. Reporting for Allowances.
History
After notice of approval of the application and after the start of the school year, each district shall furnish, on forms provided by the State Superintendent of Public Instruction, a preliminary certification of actual participation in the act. The report shall include the following information for the approved state funded program:
(a) Each specialist teacher's name and Specialist Teacher in Reading certificate number.
(b) The school or schools in which each teacher serves.
(c) The priority order (Education Code Section 54163) under which the teacher is authorized.
(d) The salary of each teacher including the specialist teacher stipend authorized by Education Code Section 54166.
(e) The number of specialist teachers served by librarians.
(f) The total salaries of librarians serving specialist teachers.
From the information received on this preliminary certification of actual participation and as early in the school year as possible, an apportionment of allowances will be made.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Editorial correction of History 1 (Register 2008, No. 37).
§11233. Final Certification of Actual Participation.
At the end of the school year, each district shall furnish, on forms provided by the State Superintendent of Public Instruction, a final certification of actual participation in the act. The report shall include the following information for the approved state funded program:
(a) Each specialist teacher's name and Specialist Teacher in Reading certificate number.
(b) The school or schools in which each teacher served.
(c) The actual salary paid each teacher including the reading specialist stipend.
(d) The number of specialist teachers served by librarians.
(e) The total actual salaries paid the librarians serving specialist teachers.
(f) An explanation of the circumstances where this report information differs substantially from the information on the preliminary certification of actual participation in the Miller-Unruh Reading Improvement Act.
§11234. Repayment to the State Department of Education.
History
If it is determined that the school district failed to conduct the program in full or in part as certified on the preliminary certification of actual participation required by section 11232, the State Superintendent of Public Instruction (SSPI) shall order the governing board of the district to draw a warrant in favor of the California Department of Education for the amount of the discrepancy so determined. If the governing board fails to draw the warrant as ordered, the SSPI shall notify the State Controller to withhold such amounts from funds the district would otherwise be eligible to receive as apportionments from the State School Fund in the succeeding fiscal year.
HISTORY
1. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§11235. Definition of Average Daily Attendance.
Average daily attendance for the purposes of computing the quota of specialist teachers means the average daily attendance of the second report period of the fiscal year immediately preceding the year the specialist teachers are to be employed.
§11236. Newly Formed Districts.
For a newly formed or reorganized district, or a district a part or all of which was included in a newly formed or reorganized district, the Superintendent of Public Instruction shall ascertain the average daily attendance and test scores for each affected district as it existed during the preceding school year, and determine the appropriate portion thereof to be credited to the new or reorganized district. The total of such portions shall be the appropriate amount to be considered as preceding year data for the newly formed or reorganized district, and the corresponding adjustments shall be made for the former district or districts, as the case may be. The determination shall be based upon information supplied by the governing boards concerned, verified by the county superintendent of schools, and attached to the application form.
If a component district or school of a newly formed or reorganized district is a participant in the act the year just prior to the effective date of the reorganization, the program level of the component district or school becomes a part of the first priority of the newly formed or reorganized district, with the requirement that the specialist teachers and librarians serving these teachers remain with the primary student body being served prior to the reorganization.
§11237. Determining Priority for Small Schools.
History
Whenever one specialist teacher is to serve more than one school pursuant to Education Code Section 54140(a) and (b), the priority required by Education Code Section 54163(b) shall be determined by the combined totals of the pupils in grades 2 and 3.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Subchapter 3. Mentor Teacher Program
§11250. District Participation in the Mentor Teacher Program.
Note • History
(a) Each school district governing board wishing to participate in the Mentor Teacher Program shall adopt a resolution at a public meeting, setting forth the goals, purposes, and planned operation of the district's mentor program and evidencing the board's having considered including parents, pupils, or other public representatives in the selection process.
(b) Applications by school districts for participation in the Mentor Teacher Program will be accepted by the California Department of Education only if planned mentor activities as stated in the resolution specified in subdivision (a) and appended to the district's application are consistent with those set out in Education Code section 44496.
NOTE
Authority cited: Section 44491, Education Code. Reference: Sections 44492, 44492.5, 44495 and 44496, Education Code.
HISTORY
1. New Chapter 3 (Sections 11250-11257) filed 3-26-84; effective thirtieth day thereafter (Register 84, No. 13). For prior history, see Registers 77, No. 39; 71, No. 30 and 69, No. 51.
2. Change without regulatory effect amending subsection (b) and Note filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§11251. Establishment of Selection Committees.
Note
(a) A school district may have more than one selection committee so as to nominate candidates on an individual site, program area, subject area, or other alternative basis.
(b) One more than 50 percent of the members of each selection committee shall be classroom teachers; the remainder shall be school administrators.
(c) Classroom teacher members of the selection committee shall be chosen by secret ballot election conducted among all probationary and permanent classroom teachers serving in the site, program area, subject area, or other subdivision from which candidates may be nominated, or districtwide if there is only one districtwide selection committee.
(d) School administrator selection committee members shall be chosen by school administrators who have been designated for this role by the governing board.
NOTE
Authority cited: Section 44491(a), Education Code. Reference: Section 44495(a), Education Code.
§11252. Application of Individual Teachers for Mentor Teacher Designation.
Note
(a) Any classroom teacher who meets the following qualifications is eligible to seek classification as a mentor teacher.
(1) Holds a valid California teacher credential.
(2) Has achieved permanent status or, in a district with an average daily attendance of fewer than 250 pupils, has been employed by the district as a credentialed classroom teacher for at least three consecutive school years prior to the school year for which nominations are to be made.
(3) Has substantial recent classroom teaching instructional experience.
(b) Written applications for participation in the mentor program shall be submitted to the selection committee prior to a reasonable deadline established by the governing board.
(c) An application shall include written consent by the applicant to release of personnel information relating to his or her teaching experience and performance to selection committee members.
NOTE
Authority cited: Section 44491(a), Education Code. Reference: Sections 44490, 44491(b) and 44495, Education Code.
§11253. Review of Applications and Nominations by the Selection Committees.
Note
(a) Before nominating any candidate, the selection committee shall review the applicant's personnel information relating to his or her teaching experience and performance.
(b) The selection committee may nominate for mentor teacher classification any applicant who meets the qualifications of Section 11252, provided the committee determines upon review of all the information before it that the applicant has demonstrated exemplary teaching ability including, but not limited to, effective communication skills, subject matter knowledge, and mastery of a range of teaching strategies necessary to meet the needs of pupils in different contexts.
(c) Each nominee shall receive the vote of at least one more than half the members of the selection committee.
(d) The governing board may determine a date by which nominations must be made in order to allow a reasonable time prior to the commencement of the succeeding fiscal year for the governing board to review nominations.
NOTE
Authority cited: Section 44491(a), Education Code. Reference: Sections 44490, 44491(b) and 44495, Education Code.
§11254. Review of Nominees and Designation of Mentor Teachers by the Governing Boards.
Note
(a) Prior to designation of any nominee as a mentor teacher, the governing board may gather such further information as it deems necessary to evaluate the nominee according to the criteria in Sections 44490 and 44491(b).
(b) The district governing board may meet in closed session to consider the appointment of any nominee to be a mentor teacher in the same manner that it may consider the appointment or employment of other employees.
NOTE
Authority cited: Section 44491(a), Education Code. Reference: Sections 44490 and 44495(d), Education Code.
§11255. Renomination As Mentor Teacher.
Note • History
Review and renomination shall be initiated and conducted in the same manner as provided in Sections 11252 and 11253. First consideration shall be given to mentor teachers if they continue to qualify for renomination and have served effectively as mentor teachers.
NOTE
Authority cited: Section 44491(a), Education Code. Reference: Section 44494(c), Education Code.
HISTORY
1. Editorial correction filed 4-2-84; designated effective 4-25-84 (Register 84, No. 13).
§11256. Duties and Responsibilities of Mentor Teachers.
Note
(a) The duties and responsibilities of each mentor teacher shall be determined on an individual basis.
(b) The time and manner in which each mentor teacher shall render service in the program shall be determined on an individual basis.
(c) “Direct instruction of pupils,” except as it applies to resource teachers, shall be construed to require a mentor teacher to instruct his or her regularly assigned pupils.
NOTE
Authority cited: Section 44491(a), Education Code. Reference: Section 44496, Education Code.
§11257. Duration of Mentor Teacher Designation.
Note
(a) The duration of a designation as mentor teacher shall normally be for a period of three consecutive years. Designations having a duration of less than three years shall be one or two years only and may be renewed by the governing board, without review and renomination, until the three-year maximum is reached.
(b) Except in school year 1983-84, proration of the mentor teacher annual stipend shall occur only when nonprogrammatic circumstances, such as extended absence for health reasons, prevent the mentor teacher from completing the designated mentorial period.
(c) If for any reason a mentor is unable to complete the designated mentorial period, the governing board may select a replacement from committee-nominated alternates, if any.
NOTE
Authority cited: Section 44491(a), Education Code. Reference: Section 44495(d), Education Code.
Subchapter 4. English Language Learner Education
Note • History
“School term” as used in Education Code section 330 means each school's semester or equivalent, as determined by the local governing board, which next begins following August 2, 1998. For multitrack or year round schools, a semester or equivalent may begin on different days for each school track.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 330, Education Code.
HISTORY
1. New subchapter 4 (sections 11300-11305) and section filed 7-23-98 as an emergency; operative 7-23-98 (Register 98, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-20-98 or emergency language will be repealed by operation of law on the following day. For prior history of subchapter 4, see Register 77, No. 39.
2. Certificate of Compliance as to 7-23-98 order, including amendment of subchapter heading, transmitted to OAL 11-19-98 and filed 12-30-98 (Register 99, No. 1).
§11301. Knowledge and Fluency in English.
Note • History
(a) For purposes of “a good working knowledge of English” pursuant to Education Code Section 305 and “reasonable fluency in English” pursuant to Education Code Section 306(c), an English learner shall be transferred from a structured English immersion classroom to an English language mainstream classroom when the pupil has acquired a reasonable level of English proficiency as measured by any of the state-designated assessments approved by the California Department of Education, or any locally developed assessments.
(b) At any time, including during the school year, a parent or guardian may have his or her child moved into an English language mainstream classroom.
(c) An English learner may be re-enrolled in a structured English immersion program not normally intended to exceed one year if the pupil has not achieved a reasonable level of English proficiency as defined in Section 11301(a) unless the parents or guardians of the pupil object to the extended placement.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 305 and 306(c), Education Code.
HISTORY
1. New section filed 7-23-98 as an emergency; operative 7-23-98 (Register 98, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-20-98 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 7-23-98 order transmitted to OAL 11-19-98 and filed 12-30-98 (Register 99, No. 1).
Note • History
School districts shall continue to provide additional and appropriate educational services to English learners in kindergarten through grade 12 for the purposes of overcoming language barriers until the English learners have:
(a) demonstrated English-language proficiency comparable to that of the school district's average native English-language speakers; and
(b) recouped any academic deficits which may have been incurred in other areas of the core curriculum as a result of language barriers.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 305, 306 and 310, Education Code; U.S. Code, Title 20, Section 1703(f); Castaneda v. Pickard (5th Cir. 1981) 648 F.2d 989, 1009-1011; and Gomez v. Illinois State Board of Education (7th Cir. 1987) 811 F.2d 1030, 1041-1042.
HISTORY
1. New section filed 7-23-98 as an emergency; operative 7-23-98 (Register 98, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-20-98 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 7-23-98 order transmitted to OAL 11-19-98 and filed 12-30-98 (Register 99, No. 1).
Note • History
The reclassification procedures used to reclassify a pupil from English learner to proficient in English shall include, but not be limited to, a responsible administrative mechanism for the effective and efficient conduct of the language reclassification process, which shall include each of the following procedural components:
(a) Assessment of language proficiency using the English language development test, as provided for by Education Code section 60810 pursuant to the procedures for conducting that test provided in Subchapter 7.5 (commencing with Section 11510).
(b) Participation of the pupil's classroom teacher and any other certificated staff with direct responsibility for teaching or placement decisions of the pupil.
(c) Parental involvement through:
(1) Notice to parent(s) or guardian(s) of language reclassification and placement, including a description of the reclassification process and the parent's opportunity to participate; and
(2) Encouragement of the participation of parent(s) or guardian(s) in the school district's reclassification procedure, including seeking their opinion and consultation during the reclassification process.
(d) Until the statewide, empirically-established range of performance in basic English/language arts skills is established as required by Education Code section 313(d)(4), evaluation of the pupil's performance as specified in Section 11302(b).
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 313, Education Code.
HISTORY
1. New section filed 7-23-98 as an emergency; operative 7-23-98 (Register 98, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-20-98 or emergency language will be repealed by operation of law on the following day.
2. Amendment of subsection (a)(3) filed 8-10-98 as an emergency; operative 8-10-98 (Register 98, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-7-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-23-98 order and 8-10-98 order, including amendment of subsections (b) and (c), transmitted to OAL 11-19-98 and filed 12-30-98 (Register 99, No. 1).
4. Renumbering of former section 11303 to section 11309 and new section 11303 filed 1-8-2003; operative 1-8-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 2).
Note • History
School districts shall monitor the progress of pupils reclassified to ensure correct classification and placement.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 313, Education Code; U.S. Code, Title 20, Section 1703(f); Casteneda v. Pickard (5th Cir. 1981) 648 F.2d 989, 1009-1011; and Gomez v. Illinois State Board of Education (7th Cir. 1987) 811 F.2d 1030, 1041-1042.
HISTORY
1. New section filed 7-23-98 as an emergency; operative 7-23-98 (Register 98, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-20-98 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 7-23-98 order transmitted to OAL 11-19-98 and filed 12-30-98 (Register 99, No. 1).
3. Renumbering of former section 11304 to section 11310 and new section 11304 filed 1-8-2003; operative 1-8-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 2).
Note • History
School districts shall maintain documentation of multiple criteria information, as specified in Section 11303(a) and (d), and participants and decisions of reclassification in the pupil's permanent records as specified in Section 11303(b) and (c).
NOTE
Authority cited: Sections 33031 and 49062, Education Code. Reference: Section 313 and 49062, Education Code; U.S. Code, Title 20, Section 1703(f); Casteneda v. Pickard (5th Cir. 1981) 648 F.2d 989, 1009-1011; and Gomez v. Illinois State Board of Education (7th Cir. 1987) 811 F.2d 1030, 1041-1042.
HISTORY
1. New section filed 7-23-98 as an emergency; operative 7-23-98 (Register 98, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-20-98 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 7-23-98 order, including amendment of subsection (b), transmitted to OAL 11-19-98 and filed 12-30-98 (Register 99, No. 1).
3. Renumbering of former section 11305 to section 11315 and new section 11305 filed 1-8-2003; operative 1-8-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 2).
Note • History
School districts reporting the presence of English learners shall conduct an annual assessment of the English language development and academic progress of those pupils.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 313, 60640 and 60810, Education Code.
HISTORY
1. New section filed 1-8-2003; operative 1-8-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 2).
Note • History
(a) All pupils whose primary language is other than English who have not been previously assessed or are new enrollees to the school district shall have their English language skills assessed within 30 calendar days from the date of initial enrollment.
(b) The census of English learners, required for each school district shall be taken in a form and manner prescribed by the State Superintendent of Public Instruction in accord with uniform census taking methods.
(c) The results of the census shall be reported by grade level on a school-by-school basis to the Department of Education not later than April 30 of each year.
NOTE
Authority cited: Sections 33031 and 62000.2, Education Code. Reference: Sections 313 and 62002, Education Code.
HISTORY
1. New section filed 1-8-2003; operative 1-8-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 2).
Note • History
(a) School district advisory committees on programs and services for English learners shall be established in each school district with more than 50 English learners in attendance. School advisory committees on education programs and services for English learners shall be established in each school with more than 20 English learners in attendance. Both school district and school advisory committees shall be established in accordance with Education Code section 62002.5.
(b) The parents or guardians of English learners shall elect the parent members of the school advisory committee (or subcommittee, if appropriate). The parents shall be provided the opportunity to vote in the election. Each school advisory committee shall have the opportunity to elect at least one member to the School District Advisory Committee, except that school districts with more than 30 school advisory committees may use a system of proportional or regional representation.
(c) School District Advisory Committees shall advise the school district governing board on at least the following tasks:
(1) Development of a district master plan for education programs and services for English learners. The district master plan will take into consideration the school site master plans.
(2) Conducting of a district wide needs assessment on a school-by-school basis.
(3) Establishment of district program, goals, and objectives for programs and services for English learners.
(4) Development of a plan to ensure compliance with any applicable teacher and/or teacher aide requirements.
(5) Administration of the annual language census.
(6) Review and comment on the school district reclassification procedures.
(7) Review and comment on the written notifications required to be sent to parents and guardians pursuant to this subchapter.
(d) School districts shall provide all members of school district and school advisory committees with appropriate training materials and training which will assist them in carrying out their responsibilities pursuant to subsection (c). Training provided advisory committee members in accordance with this subsection shall be planned in full consultation with the members, and funds provided under this chapter may be used to meet the costs of providing the training to include the costs associated with the attendance of the members at training sessions.
NOTE
Authority cited: Sections 33031 and 62000.2, Education Code. Reference: Sections 313, 62002 and 62002.5, Education Code.
HISTORY
1. New section filed 1-8-2003; operative 1-8-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 2).
§11309. Parental Exception Waivers.
Note • History
(a) In order to facilitate parental choice of program, all parents and guardians must be informed of the placement of their children in a structured English immersion program and must be notified of an opportunity to apply for a parental exception waiver. The notice shall also include a description of the locally-adopted procedures for requesting a parental exception waiver, and any locally-adopted guidelines for evaluating a parental waiver request.
(b) School districts shall establish procedures for granting parental exception waivers as permitted by Education Code sections 310 and 311 which include each of the following components:
(1) Parents and guardians must be provided with a full written description and upon request from a parent or guardian, a spoken description of the structured English immersion program and any alternative courses of study and all educational opportunities offered by the school district and available to the pupil. The descriptions of the program choices shall address the educational materials to be used in the different options.
(2) Pursuant to Education Code section 311(c), parents and guardians must be informed that the pupil must be placed for a period of not less than thirty (30) calendar days in an English language classroom and that the school district superintendent must approve the waiver pursuant to guidelines established by the local governing board.
(3) Pursuant to Education Code sections 311(b) and (c), the school principal and educational staff may recommend a waiver to a parent or guardian. Parents and guardians must be informed in writing of any recommendation for an alternative program made by the school principal and educational staff and must be given notice of their right to refuse to accept the recommendation. The notice shall include a full description of the recommended alternative program and the educational materials to be used for the alternative program as well as a description of all other programs available to the pupil. If the parent or guardian elects to request the alternative program recommended by the school principal and educational staff, the parent or guardian must comply with the requirements of Education Code section 310 and all procedures and requirements otherwise applicable to a parental exception waiver.
(4) Parental exception waivers shall be granted unless the school principal and educational staff have determined that an alternative program offered at the school would not be better suited for the overall educational development of the pupil.
(c) All parental exception waivers shall be acted upon by the school within twenty (20) instructional days of submission to the school principal. However, parental waiver requests under Education Code section 311(c) shall not be acted upon during the thirty (30)-day placement in an English language classroom. These waivers must be acted upon either no later than ten (10) calendar days after the expiration of that thirty (30)-day English language classroom placement or within twenty (20) instructional days of submission of the parental waiver to the school principal, whichever is later.
(d) In cases where a parental exception waiver pursuant to Education Code sections 311(b) and (c) is denied, the parents and guardians must be informed in writing of the reason(s) for denial and advised that they may appeal the decision to the local board of education if such an appeal is authorized by the local board of education, or to the court.
(e) For waivers pursuant to Education Code section 311(a) and for students for whom standardized assessment data is not available, school districts may use equivalent measures as determined by the local governing board.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 305, 310 and 311, Education Code.
HISTORY
1. Renumbering and amendment of former section 11303 to new section 11309 filed 1-8-2003; operative 1-8-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 2).
§11310. State Board of Education Review of Guidelines for Parental Exception Waivers.
Note • History
(a) Upon written request of the State Board of Education, school district governing boards shall submit any guidelines or procedures adopted pursuant to Education Code section 311 to the State Board of Education for its review.
(b) Any parent or guardian who applies for a waiver under Education Code section 311 may request a review of the school district's guidelines or procedures by the State Board of Education. The sole purpose of the review shall be to make a determination as to whether those guidelines or procedures comply with the parental exception waiver guidelines set forth in Section 11309.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 305, 310 and 311, Education Code.
HISTORY
1. Renumbering and amendment of former section 11304 to new section 11310 filed 1-8-2003; operative 1-8-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 2).
§11315. Community-Based English Tutoring (CBET) Programs.
Note • History
In distributing funds authorized by Education Code sections 315, 315.5, 316, 316.5, and 317, the State Superintendent of Public Instruction (SSPI) shall allocate the funds and school districts shall disburse the funds at their discretion consistent with the following:
(a) The funds made available by Education Code sections 315, 315.5, 316, 316.5, and 317 shall be apportioned by the SSPI to school districts offering Community-Based English Tutoring (CBET) based upon the number of limited English proficient (LEP) pupils identified in the Annual Language Census Survey from the prior year.
(b) The governing boards of school districts may disburse these funds at their discretion to carry out the purposes of this section. School district governing boards shall require providers of adult English language instruction which receive funds authorized by Education Code sections 315, 315.5, 316, 316.5, and 317 to maintain evidence that adult program participants have pledged to provide personal English language tutoring to California school pupils with limited English proficiency.
(c) School districts may use these funds for expenses related to the CBET program, such as direct program services, community notification, transportation services, and background checks on CBET tutors as authorized by Education Code sections 35021-35021.4 and 45349.
NOTE
Authority cited: Sections 316 and 33031, Education Code. Reference: Sections 313, 315, 315.5, 316, 316.5, 317, 35021, 35021.1, 35021.4, 45349 and 52164, Education Code.
HISTORY
1. Renumbering and amendment of former section 11305 to new section 11315 filed 1-8-2003; operative 1-8-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 2).
2. Amendment of section heading, section and Note filed 5-5-2008; operative 6-4-2008 (Register 2008, No. 19).
§11315.5. Duties of School Districts.
Note • History
A school district applying for CBET funding shall provide certification to the State Board of Education (SBE) that:
(a) It has read and is familiar with the California Code of Regulations, title 5, sections 11315 and 11315.5; and
(b) It will develop a CBET plan pursuant to Education Code sections 315.5, 316.5 and 317. The plan shall be approved by the governing board of the school district and shall be reviewed and revised as necessary, or at a minimum of once every three years.
NOTE
Authority cited: Sections 316 and 33031, Education Code. Reference: Sections 315, 315.5, 316, 316.5 and 317, Education Code.
HISTORY
1. New section filed 5-5-2008; operative 6-4-2008 (Register 2008, No. 19).
§11315.6. Data Collection and Reporting.
Note • History
(a) A school district participating in the CBET program shall maintain data that includes, but is not limited to:
(1) improvement in English literacy of adult English language learners participating as adult tutors in the CBET program;
(2) improvement in attendance of pupils participating in the tutoring program;
(3) achievement progress of K-12 pupils, who were tutored by adult CBET tutors, as measured by the California English Language Development Test (CELDT) administered under Education Code section 60810; and
(4) achievement progress of K-12 pupils, who were tutored by adult CBET tutors, as measured by the California Standards Tests (CSTs) administered under Education Code section 60640; and
(5) District-level assessments pursuant to Education Code section 317.
(b) A participating school district shall report the data maintained pursuant to subdivision (a) to the SBE upon request.
(c) In no event shall assessment results collected under subdivision (a) be communicated, in any way, to persons not already legally authorized to have that information.
NOTE
Authority cited: Sections 316 and 33031, Education Code. Reference: Sections 313, 315, 315.5, 316, 316.5, 317, 60640 and 60810, Education Code.
HISTORY
1. New section filed 5-5-2008; operative 6-4-2008 (Register 2008, No. 19).
§11316. Notice to Parents or Guardians.
Note • History
All notices and other communications to parents or guardians required or permitted by these regulations must be provided in English and in the parents' or guardians' primary language to the extent required under Education Code section 48985.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 313 and 48985, Education Code.
HISTORY
1. New section filed 1-8-2003; operative 1-8-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 2).
Subchapter 5. English Language Centers [Repealed]
HISTORY
1. Repealer of subchapter 5 (Sections 11400-11422) filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39). For prior history, see Register 69, No. 51.
Subchapter 6. Summer Schools (Other Than Classes for Adults, Adult Schools, and Evening High Schools)
§11470. Application of Chapter.
Note • History
This chapter applies to all summer schools receiving state reimbursement, except classes for adults, adult schools, and evening high schools.
NOTE
Authority cited: Sections 33031, 37250, 51731, 51761, and 52355, Education Code. Reference: Sections 37250, 37252, 51730-51732 and 51761, Education Code.
HISTORY
1. New Chapter 8 (§§ 11470-11474) filed 2-24-70; effective thirtieth day thereafter (Register 70, No. 9).
2. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Repealer of Chapter 6 (Sections 11440-11444) and renumbering of Chapter 8 (Sections 11470-11475) to Chapter 6 filed 11-7-79; effective thirtieth day thereafter (Register 79, No. 45).
4. Amendment filed 4-13-83; effective thirtieth day thereafter (Register 83, No. 16).
§11471. Approval Required. [Repealed]
Note • History
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 37252, 37253, 42239 and 51730-51732, Education Code.
HISTORY
1. Amendment filed 4-13-83; effective thirtieth day thereafter (Register 83, No. 16).
2. Repealer of section and amendment of Note filed 9-28-95; operative 9-28-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 39).
Note • History
In addition to mathematics and science authorized by Education Code section 37253(a), summer school courses may be offered in any of the areas of study specified in Education Code sections 51210(a) through (g) for grades 1 to 6 and 51220(a) through (j) for grades 7 to 12.
NOTE
Authority cited: Section 37253(d), Education Code. Reference: Sections 37253, 51210, 51220 and 51730-51732, Education Code.
HISTORY
1. Repealer filed 4-13-83; effective thirtieth day thereafter (Register 83, No. 16).
2. New section filed 5-16-95 as an emergency; operative 5-16-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-13-95 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 95, No. 39).
4. New section filed 9-28-95; operative 9-28-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 39).
5. Amendment filed 3-19-96; operative 4-18-96 (Register 96, No. 12).
§11473. Level of Difficulty. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031, 37250, 51731, 51761 and 52355, Education Code. Reference: Sections 37250, 37252, 51730-51732 and 51761, Education Code.
HISTORY
1. Repealer filed 4-13-83; effective thirtieth day thereafter (Register 83, No. 16).
§11474. Time and Duration. [Repealed]
Note • History
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 37252, 37253, 42239 and 51730-51732, Education Code.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Amendment filed 4-13-83; effective thirtieth day thereafter (Register 83, No. 16).
3. Repealer of section and amendment of Note filed 9-28-95; operative 9-28-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 39).
§11475. Work Experience Education. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031, 37250, 51731, 51761 and 52355, Education Code. Reference: Sections 37250, 37252, 51730-51732 and 51761, Education Code.
HISTORY
1. New section filed 5-18-72; effective thirtieth day thereafter (Register 72, No. 21).
2. Repealer filed 4-13-83; effective thirtieth day thereafter (Register 83, No. 16).
Subchapter 7. Regional Occupational Centers and Regional Occupational Programs
Note • History
The provisions of this chapter apply to all Regional Occupational Centers and Regional Occupational Programs established and maintained under the authority of Article 1 (commencing with Section 52300), Chapter 9, Part 28, Division 4, Title 2* of the Education Code.
NOTE
Authority cited for Chapter 9: Section 152 (33031* ), 7451.6 (52306*) and 7451.7 (52309*), Education Code. Reference: Chapter 14 (Sections 7450-7466) of Division 6 of Part 2 (Article 1 Sections 52300-52330, Chapter 9, Part 28, Division 4, Title 2*), Education Code.
HISTORY
1. New Chapter 9 (§§ 11500 through 11511) filed 4-23-71; effective thirtieth day thereafter (Register 71, No. 17).
2. Amendment filed 12-7-76; designated effective 7-1-77 (Register 76, No. 50).
3. Repealer of Chapter 7 (Sections 11460-11461) and renumbering of Chapter 9 (Sections 11500-11508) to Chapter 7 filed 11-7-79; effective thirtieth day thereafter (Register 79, No. 45). *
Note • History
(a) A Regional Occupational Center is a vocational or technical training program established and maintained in a separate, identifiable physical facility pursuant to Article 1, Chapter 9, Part 28, Division 4, Title 2* of the Education Code.
(b) “Region served” means the area of a county or counties which constitutes the attendance area of the high school district or districts that form the membership of a Regional Occupational Center and Program.
(c) A “school unit” within a participating district includes, but is not limited to: a community college, a high school, a continuation high school or continuation classes, an adult school or classes for adults, or a private school.
(d) “Course/class” means any credit or noncredit instructional unit in a subject area or field of organized knowledge, usually provided on a semester, year, or other prescribed length-of-time basis.
(e) “Section” means a multiple of identical classes in a specific subject having the same goals, objectives, and outcomes.
(f) “Curriculum” means the courses of study, courses, subjects, classes, section, and organized group activities provided by a school and/or Regional Occupational Center or Regional Occupational Program.
(g) “Unnecessary duplication of courses and programs” means that two local educational agencies or programs, including Regional Occupational Centers or Regional Occupational Programs offer the same vocational or adult course or program to the same type of student population using similar operational characteristics as to prerequisites unless one agency reports that it cannot meet the needs of all students requiring such courses and programs.
(h) “Supplanting” occurs when a course, class, or a section has been dropped by a school unit and is replaced by another educational agency, including a Regional Occupational Center or Regional Occupational Program, without major revision of the curriculum, student population served, and/or projected course outcomes.
(i) “Regional adult and vocational education councils” are those councils described in Article 2 (commencing with Section 8020), Chapter 1, Part 6, Division 1, Title 1* of the Education Code.
(j) “Individual vocational counseling and guidance services” means services designed to:
(1) Identify and encourage the enrollment of individuals in courses offered by a Regional Occupational Center or Regional Occupational Program.
(2) Provide the individuals with information necessary to make meaningful and informed occupational choices.
(3) Assist students pursuing a program of vocational instruction in the Regional Occupational Center or Regional Occupational Program.
(k) A “county labor council, as used in subsection (a)(4) of Section 52306* of the Education Code,” means the Central Labor Council or the Central Buildings and Trades Council having jurisdiction in the area served by the Regional Occupational Center or Regional Occupational Program.
NOTE
Authority cited: Section 52309, Education Code. Reference: Section 52309, Education Code.
HISTORY
1. New subsection (f) filed 4-19-74; effective thirtieth day thereafter (Register 74, No. 16).
2. Repealer of former Section 11501, amendment and renumbering of Section 11503 to 11501 filed 12-7-76; designated effective 7-1-77 (Register 76, No. 50).
3. Amendment of subsection (c) filed 9-19-79; effective thirtieth day thereafter (Register 79, No. 38).
§11502. Applications for Establishment of Regional Occupational Centers or Regional Occupational Programs.
History
County Superintendents or cooperating school districts desiring to establish a Regional Occupational Center or a Regional Occupational Program shall submit an application to the State Board of Education that includes such detail as to both explain and justify the intended operation, including compliance with all requirements in this Chapter and those delineated in Chapter 14 of Division 6 of the Education Code.
HISTORY
1. Repealer of former Section 11502, amendment and renumbering of Section 11505 to 11502 filed 12-7-76; designated effective 7-1-77 (Register 76, No. 50).
Note • History
Curriculum provided by a Regional Occupational Center or a Regional Occupational Program shall be subject to the approval of the California Department of Education (CDE) and shall comply with all requirements and standards set forth in the California State Plan for Vocational Education and this Chapter.
The CDE shall periodically review approved courses for compliance with the California Five-Year State Plan for Vocational Education and this Chapter. A course found to be out of compliance shall be placed on conditional approval.
The CDE shall withdraw course approval if a conditionally approved course is not brought into compliance.
All course approval records such as those documenting compliance with sections 11504(a) through (1) shall be maintained in the administrative office of each Regional Occupational Center or Regional Occupational Program for a period of three years and shall be subject to review and audit by the CDE.
NOTE
Authority cited: Section 52309, Education Code. Reference: Section 52309, Education Code.
HISTORY
1. Amendment and renumbering of Section 11507 to 11503 filed 12-7-79; designated effective 7-1-77 (Register 76, No. 50).
2. Amendment filed 9-19-79; effective thirtieth day thereafter (Register 79, No. 38).
3. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§11504. Course Appropriateness and Criteria for Course Approval.
Note • History
(a) The only courses which are appropriate for a Regional Occupational Center and a Regional Occupational Program to offer are those courses which provide vocational or technical training for students who are not presently served through such courses offered by the high schools, community colleges, and adult schools in the region served by the Regional Occupational Center or Regional Occupational Program.
Generalized training courses are not appropriate. For the purpose of this section, “generalized courses” includes courses in general education, industrial arts, and basic adult education.
(b) Opportunity for enrollment shall be available to eligible students in the region served.
(c) The course does not unnecessarily duplicate course offerings already available in the region served. Consideration will be given to action taken by regional adult and vocational education councils.
(d) The course does not unnecessarily duplicate vocational educational opportunities offered by community colleges serving the same geographical region.
(e) The course provides vocational education opportunities for a greater number of students than would otherwise be possible.
(f) Evidence indicates that more efficient use is made of facilities, personnel and services than when the course is provided for the students of a school unit. Such evidence shall include, but is not limited to the following:
(1) The facility used and equipment in the Regional Occupational Center or Regional Occupational Program is better related to the needs of business, industry, and students.
(2) The facilities, equipment, and vocational instructional personnel of the Regional Occupational Center or Regional Occupational Program will be utilized by more students than would be utilized by a local high school unit.
(g) Opportunity is increased for vocational education services to students regardless of their geographical location or residence in the region served.
(h) Use of supportive resources for vocational education, including, but not limited to, industry cooperation and community facilities is increased.
(i) There is evidence that use is being made of subject area advisory committees in determining courses appropriate for Regional Occupational Centers or Regional Occupational Programs. Such evidence shall include, but not be limited to, the following:
(1) The majority of the committee membership shall represent the occupation for which instruction is given.
(2) Documentation of advisory committee minutes, with recommendations in regard to the course being offered, shall be on file.
(j) The courses offered in a Regional Occupational Center or Regional Occupational Program shall only be for providing training, upgrading, and retraining in recognized occupations and/or emerging occupations to meet the labor demand as determined and verified by the Regional Occupational Center or Regional Occupational Program.
(k) The course shall not unnecessarily reduce or supplant the vocational education efforts of any participating district but shall become an extension or augmentation of vocational education opportunities and enrollments in the participating districts.
(l) Instruction in the course is being provided by an instructor meeting the requirements pursuant to Education Code Section 52323, the California State Plan for Vocational Education, and providing immediate supervision and control as defined by Section 10091 of this title.
NOTE
Authority cited: Section 52309, Education Code. Reference: Section 52309, Education Code.
HISTORY
1. Amendment and renumbering of Section 11508 to 11504 filed 12-7-76; designated effective 7-1-77 (Register 76, No. 50).
2. Repealer of subsection (l) and renumbering of subsection (m) to subsection (l) filed 9-19-79; effective thirtieth day thereafter (Register 79, No. 38).
§11505. Counseling and Guidance.
History
A Regional Occupational Center or a Regional Occupational Program shall provide individual vocational counseling and guidance directly supportive of, and contributory to, the instructional programs that constitute the course offerings of the Regional Center or Regional Occupational Program. The counseling and guidance services funded pursuant to the provisions of Article 1, Chapter 9, Part 28, Division 4, Title 2* of the Education Code shall not be construed as general support for guidance and counseling services for the total school enrollment or for the total vocational education enrollment in a school.
HISTORY
1. Amendment and renumbering of Section 11509 to 11505 filed 12-7-76; designated effective 7-1-77 (Register 76, No. 50).
History
Each Regional Occupational Center or Regional Occupational Program shall submit to the Department of Education in such detail, at such time, and in such manner as the Department of Education deems necessary, an evaluation of the Regional Occupational Center or Regional Occupational Program. This evaluation shall include but not be limited to the following information:
(a) Analysis of the cost of individual centers, programs, and services.
(b) Enrollments defined in terms of high school students, post-high school students, and adults.
(c) Number of trainees employed in specific entry-level occupations.
(d) Number of trainees continuing training in other institutions.
(e) Dropout rates and placement data.
(f) Activities pursuant to Education Code Sections 52305(c), 52306 and 52307.
HISTORY
1. New subsection (f) filed 4-19-74; effective thirtieth day thereafter (Register 74, No. 16).
2. Renumbering of Section 11510 to 11506 filed 12-7-76; designated effective 7-1-77 (Register 76, No. 50).
3. Amendment of subsection (f) filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
History
Each Regional Occupational Center or Regional Occupational Program shall be organized and administered in such manner that there will be a clear and separate audit trail of all income and expenditures, of all agreements and contracts, of enrollments, and of all other statistical information pertaining to fiscal and instructional accountability.
HISTORY
1. Renumbering of Section 11511 to 11507 filed 12-7-76; designated effective 7-1-77 (Register 76, No. 50).
§11508. Establishing and Operating Business, Commercial, Trade, Manufacturing or Construction Activities.
History
(a) Regional occupational centers and regional occupational programs may establish and operate business, commercial, trade, manufacturing or construction activities which may include the sale of products or services to private or public corporations or companies, or to the general public as authorized in subdivision (c) of Education Code section 52305.
(b) Where the activities described in subdivision (a) of this section include the sale of products or services to private or public corporations or companies, or to the general public, the regional occupational center or regional occupational program shall request prior approval from the California Department of Education. Application for approval shall be submitted on a form prescribed by the State Superintendent of Public Instruction and the proposal therein shall comply with all the conditions set forth in Education Code sections 52306 and 52307.
HISTORY
1. New section filed 4-19-74; effective thirtieth day thereafter (Register 74, No. 16).
2. Renumbering of Section 11512 to 11508 filed 12-7-76; designated effective 7-1-77 (Register 76, No. 50).
3. Amendment of section and repealer of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
4. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
Subchapter 7.5. California English Language Development Test
Article 1. General
Note • History
For the purposes of the test required by Education Code Section 313(a), referred to as the California English Language Development Test, the following definitions shall apply:
(a) “Accommodation” is any variation in the assessment environment or process that does not fundamentally alter what the test measures or affect the comparability of scores. “Accommodations” may include variations in scheduling, setting, aids, equipment, and presentation format.
(b) An “administration” means a pupil's attempt to take all sections of the California English Language Development Test, including listening, speaking, reading, and writing.
(c) “Alternate Assessment” is an alternate means to measure the English language proficiency of pupils with disabilities whose Individualized Education Program Team has determined that they are unable to participate in the California English Language Development Test even with accommodations, variations, or modifications.
(d) “Annual assessments” are administrations of the California English Language Development Test to enrolled pupils who are currently identified as English learners.
(e) “Annual assessment window” begins on July 1 and ends on October 31 of each school year.
(f) “Date of first enrollment” is the date on which the pupil is scheduled to be in attendance in a California public school for the first time.
(g) “Department” is the California Department of Education.
(h) “District coordinator” is an employee of the school district designated by the superintendent of the district to oversee the administration of the CELDT within the district.
(i) “Excessive materials” is the difference between the sum of the number of tests scored and 90 percent of the tests ordered by the district.
(j) “Grade level” is the grade assigned to the pupil by the school district at the time of testing.
(k) “Home language survey” is a form administered by the school district to be completed by the pupil's parent or guardian at the time of first enrollment in a California public school indicating language use in the home which, if completed, fulfills the school district's obligation required by Education Code Section 52164.1.
(l) “Initial assessment” is the administration of the California English Language Development Test to a pupil whose primary language is other than English, as determined by the Home Language Survey, and who has not previously been assessed for English language proficiency in a California public school.
(m) “Modification” is any variation in the assessment environment or process that fundamentally alters what the test measures or affects the comparability of scores.
(n) “Primary” language is the language first learned by the pupil, most frequently used at home, or most frequently spoken by the parents or other adults in the home when speaking with the pupil.
(o) “Proctor” is an employee of a school district who has received training specifically designed to prepare him or her to assist the test examiner in administration of the California English Language Development Test.
(p) “Pupil” is a person enrolled in a California school district in kindergarten through grade 12, or in ungraded programs, including those pupils placed in a nonpublic school through the Individualized Education Program (IEP) process pursuant to Education Code Section 56365.
(q) “Records of results” are:
(1) Student test results from the pupil's cumulative file;
(2) Parent notification letter of student results;
(3) Previous or current school district pupil electronic data files;
(4) Student Proficiency Level Reports; and
(5) Verification from prior school district.
(r) “School districts” include elementary, high school, and unified school districts, county offices of education, and any charter school that for assessment purposes does not elect to be part of the school district or county office of education that granted the charter, and any charter school chartered by the State Board of Education.
(s) “Scribe” is an employee of the school district, or a person assigned by a nonpublic school to implement a pupil's IEP and is required to transcribe a pupil's responses to the format required by the test. The pupil's parent or guardian is not eligible to be a scribe.
(t) “Site coordinator” is an employee of the school district designated by the district coordinator or the superintendent, or a person assigned by a nonpublic school to implement a student's IEP, who oversees the administration of the CELDT at each test site at which the examination is given.
(u) “Test” is the California English Language Development Test.
(v) “Test Examiner” is an employee of the school district who is proficient in English and has received training specifically designed to prepare him or her to administer the test.
(w) “Test materials” are materials necessary for administration of the California English Language Development Test, including but not limited to audio-cassettes, test manuals, pupil test booklets, forms for recording pupil responses and background information, video tapes, answer keys, scoring rubrics, special test versions, and any other materials developed and provided by the contractor.
(x) “Variation” is a change in the manner in which a test is presented or administered, or in how a test taker is allowed to respond, and includes, but is not limited to, accommodations and modifications.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 306, 313, 52164.1 and 60810, Education Code.
HISTORY
1. New subchapter 7.5 (articles 1-4), article 1 (section 11510) and section filed 10-4-2001; operative 11-3-2001 (Register 2001, No. 40).
2. Amendment of subsection (f), repealer of subsection (j) and amendment of Note filed 4-14-2003; operative 4-14-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 16).
3. Amendment filed 6-9-2005; operative 6-9-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 23).
Article 2. Administration
§11511. Initial and Annual Assessments.
Note • History
(a) Initial assessments shall be administered as follows:
(1) Any pupil whose primary language is other than English as determined by the home language survey and who has not previously been identified as an English learner by a California public school or for whom there is no record of results from an administration of an English language proficiency test, shall be assessed for English language proficiency with the test within 30 calendar days after the date of first enrollment in a California public school, or within 60 calendar days before the date of first enrollment, but not before July 1 of that school year.
(b) Annual assessments shall be administered as follows:
The English language proficiency of all currently enrolled English learners shall be assessed by administering the test during the annual assessment window.
(c) Both Initial and Annual assessments shall be administered in accordance with the test contractor's directions, except as provided for in Sections 11516, 11516.5, and 11516.6.
(d) For both Initial and Annual assessments, the school district is responsible for the cost of excessive materials ordered by the school district. In no event shall the cost to the school district for replacement or excessive materials exceed the amount per test booklet and accompanying material that is paid to the test contractor by the California Department of Education as part of the contract with the test contractor for the current year.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 306(a), 313 and 37200, Education Code.
HISTORY
1. New article 2 (sections 11511--11514) and section filed 10-4-2001; operative 11-3-2001 (Register 2001, No. 40).
2. Amendment of section heading and section filed 6-9-2005; operative 6-9-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 23).
§11511.5. Reporting to Parents.
Note • History
For each pupil assessed using the test, each school district shall notify parents or guardians of the pupil's results within 30 calendar days following receipt of results of testing from the test contractor. The notification shall comply with the requirements of Education Code Section 48985.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 306(a), 313 and 48985, Education Code.
HISTORY
1. New section filed 10-4-2001; operative 11-3-2001 (Register 2001, No. 40).
2. Amendment filed 6-9-2005; operative 6-9-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 23).
§11511.6. Reporting Test Scores.
Note • History
No aggregate or group scores or reports that are compiled pursuant to Education Code Section 60851 shall be reported electronically, in hard copy, or in other media, to any audience other than the school or school district where the pupils were tested, if the aggregate or group scores or reports are composed of three (3) or fewer individual pupil scores. In each instance in which no score is reported for this reason, the notation shall appear: “The number of pupils in this category is too small for statistical accuracy or privacy protection.” In no case shall any group score be reported that would deliberately or inadvertently make public the score or performance of any individual student.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 49076, 60810 and 60812, Education Code; 20 USC Section 1232(g).
HISTORY
1. Amendment filed 6-9-2005; operative 6-9-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 23).
§11512. District Documentation and Pupil Records.
Note • History
(a) The school district shall maintain a record of all pupils who participate in each administration of the test. This record shall include the following information for each administration:
(1) The name of each pupil who took the test.
(2) The grade level of each pupil who took the test.
(3) The date on which the administration of the test was completed for each pupil.
(4) The test results obtained for each pupil.
(b) The school district shall enter in each pupil's record the following information for each administration of the test:
(1) The date referred to by subdivision (a)(3).
(2) The pupil's test results.
(c) The record required by subdivision (a) shall be created and the information required by subdivision (b) of this section shall be entered in each pupil's record prior to the subsequent administration of the test.
(d) In order to comply with the accountability requirements under Title III of No Child Left Behind, part A, Section 3122 of the Elementary and Secondary Education Act (Public Law 107-110), whenever a pupil transfers from one school district to another, the pupil's CELDT records including the information specified in Section 11512(a) shall be transferred by the sending district within 20 calendar days upon a request from the receiving district where the pupil is now enrolled.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 306(a), 313(b), 49068 and 60810(d), Education Code; and 20 USC Sections 6841-6842.
HISTORY
1. New section filed 10-4-2001; operative 11-3-2001 (Register 2001, No. 40).
2. Amendment of subsections (a) and (c), new subsection (d) and amendment of Note filed 6-9-2005; operative 6-9-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 23).
§11512.5. Data for Analysis of Pupil Proficiency.
Note • History
(a) Each school district shall provide the test contractor the following information for each pupil tested for purposes of the analyses and reporting required pursuant to Education Code sections 60810(c) and 60812, and for accountability requirements under Title III of No Child Left Behind, Part A, Section 3122 of the Elementary and Secondary Education Act (Public Law 107-110):
(1) Pupil's full name;
(2) Date of birth;
(3) County, district, school code;
(4) Date that testing was completed;
(5) Grade level;
(6) Gender;
(7) Primary language;
(8) Program participation;
(9) Special education and 504 plan status;
(10) Primary Disability;
(11) Ethnicity;
(12) Year first enrolled in a United States school;
(13) School mobility.
(14) CELDT scores from the previous test administration;
(15) Purpose: an initial assessment or an annual assessment;
(16) District and County of residence for pupils with disabilities;
(17) Grade level from the previous CELDT administration;
(18) Use of test modifications and/or accommodations;
(19) Use of Alternate Assessment(s); and
(20) California School Information Services (CSIS) student number once assigned.
(b) The demographic information required by subdivision (a) is for the purposes of aggregate analyses and reporting only.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 313, 60810 and 60812, Education Code; and 20 USC Sections 6841-6842.
HISTORY
1. New section filed 10-4-2001; operative 11-3-2001 (Register 2001, No. 40).
2. Amendment of subsection (a)(11) and amendment of Note filed 4-14-2003; operative 4-14-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 16).
3. Amendment of section and Note filed 6-9-2005; operative 6-9-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 23).
§11513. California English Language Development Test District Coordinator.
Note • History
(a) On or before April 1, or 90 calendar days before the beginning of the annual assessment window of each school year, the superintendent of each school district shall designate from among the employees of the school district a California English Language Development Test district coordinator. The superintendent shall notify the test contractor of the identity and contact information for the California English Language Development Test district coordinator. The California English Language Development Test district coordinator, or the school district superintendent or his or her designee, shall be available throughout the year and shall serve as the liaison between the school district and the California Department of Education for all matters related to the test. At the discretion of the district superintendent, the contact information may include an electronic email address.
(b) The California English Language Development Test district coordinator's responsibilities shall include, but are not limited to, the following:
(1) Responding to correspondence and inquiries from the contractor in a timely manner and as provided in the contractor's instructions.
(2) Determining school district and individual school test and test material needs in conjunction with the test contractor.
(3) Overseeing the acquisition and distribution of tests and test materials to individual schools and sites.
(4) Maintaining security over the test and test data using the procedure set forth in Section 11514. The California English Language Development Test district coordinator shall sign the Test Security Agreement set forth in Section 11514 with the test contractor prior to receipt of the test materials. A copy of the Test Security Agreement shall be maintained at the district office for 12 months from the date signed.
(5) Overseeing the administration of the test to pupils.
(6) Overseeing the collection and return of all completed test materials and test data to the contractor.
(7) Assisting the test contractor in the resolution of any discrepancies in the test information and materials.
(8) Ensuring that all test materials are received from school test sites within the school district in sufficient time to satisfy the requirements of subdivision (10).
(9) Ensuring that all tests and test materials received from school test sites within the school district have been placed in a secure school district location upon receipt of those tests.
(10) Ensuring that all test materials are inventoried, packaged, and labeled in accordance with instructions from the test contractor. The completed test materials shall be returned to the test contractor at the date specified monthly by the test contractor for initial assessments of pupils but no later than ten (10) working days after the close of the testing window for the annual assessment.
(11) Ensuring that the tests and test materials are retained in a secure, locked location, in the unopened boxes in which they were received from the test contractor, from the time they are received in the school district until the time they are delivered to the test sites.
(12) Overseeing the collection of all pupil data to comply with Sections 11512 and 11512.5.
(13) Immediately notifying the test contractor of any security breaches or testing irregularities in the district before, during, or after the administration of the test.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 313 and 60810(d), Education Code.
HISTORY
1. New section filed 10-4-2001; operative 11-3-2001 (Register 2001, No. 40).
2. Amendment filed 6-9-2005; operative 6-9-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 23).
§11513.5. California English Language Development Test Site Coordinator.
Note • History
(a) Annually, the superintendent of the school district shall designate a California English Language Development Test site coordinator for each test site, including, but not limited to, each charter school, each court school, and each school or program operated by a school district, from among the employees of the school district. The California English Language Development Test site coordinator, or the site principal or his or her designee, shall be available to the California English Language Development Test district coordinator for the purpose of resolving issues that arise as a result of the administration of the test.
(b) The California English Language Development Test site coordinator's responsibilities shall include, but not be limited to, all of the following:
(1) Determining site test and test material needs.
(2) Arranging for test administration at the site.
(3) Completing the Test Security Agreement and Test Security Affidavit prior to the receipt of test materials.
(4) Delivering test materials only to those persons who have executed Test Security Agreements and who are administering the test.
(5) Overseeing test security requirements, including collecting and delivering all completed Test Security Affidavit forms to the district office from the test examiners and other site personnel involved with testing.
(6) Maintaining security over the test and test data as required by Section 11514.
(7) Overseeing the acquisition of tests from the school district and the distribution of tests to the test examiner(s).
(8) Overseeing the administration of the test to pupils at the test site.
(9) Overseeing the collection and return of all testing materials to the California English Language Development Test district coordinator.
(10) Assisting the California English Language Development Test district coordinator and the test contractor in the resolution of any discrepancies between the number of tests received from the California English Language Development Test district coordinator and the number of tests collected for return to the California English Language Development Test district coordinator.
(11) Overseeing the collection of all pupil data required by Sections 11512 and 11512.5.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 313 and 60810(d), Education Code.
HISTORY
1. New section filed 10-4-2001; operative 11-3-2001 (Register 2001, No. 40).
2. Amendment of section and Note filed 6-9-2005; operative 6-9-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 23).
Note • History
(a) The California English Language Development Test site coordinator shall ensure that strict supervision is maintained over each pupil while the pupil is being administered the test.
(b) Access to the test materials is limited to pupils being administered the test and employees of the school district directly responsible for administration of the test who have signed the Test Security Affidavit set forth in subdivision (g).
(c) All California English Language Development Test district and test site coordinators shall sign the Test Security Agreement set forth in subdivision (d).
(d) The Test Security Agreement shall be as follows:
CALIFORNIA ENGLISH LANGUAGE DEVELOPMENT TEST
TEST SECURITY AGREEMENT
(1) I will take all necessary precautions to safeguard all tests and test materials by limiting access to persons within the school district with a responsible, professional interest in the test's security.
(2) I will keep on file the names of persons having access to tests and test materials. I will require all persons having access to the materials to sign the Test Security Affidavit that will be kept on file in the school district office.
(3) I will keep the tests and test materials in a secure, locked location, limiting access to only those persons responsible for test security, except on actual testing dates.
By signing my name to this document, I am assuring that I will abide by the above conditions.
By: ________________________________
Title: _____________________________
School District: ___________________
Date: ______________________________
(e) Each California English Language Development Test site coordinator shall deliver the tests and test materials only to those persons actually administering the test on the date of testing and only upon execution of the Test Security Affidavit set forth in subdivision (g).
(f) All persons having access to the test, including but not limited to the California English Language Development Test site coordinator, test examiners, and test proctors, shall acknowledge the limited purpose of their access to the test by signing the Test Security Affidavit set forth in subdivision (g).
(g) The Test Security Affidavit shall be completed by each test examiner and test proctor:
CALIFORNIA ENGLISH LANGUAGE DEVELOPMENT TEST SECURITY AFFIDAVIT
I acknowledge that I will have access to the test for the purpose of administering the test. I understand that these materials are highly secure, and it is my professional responsibility to protect their security as follows:
(1) I will not divulge the contents of the test to any other person through verbal, written, or any other means of communication.
(2) I will not copy any part of the test or test materials unless necessary to administer the test.
(3) I will keep the test secure until the test is actually distributed to pupils.
(4) I will limit access to the test and test materials by test examinees to the actual testing periods when they are taking the test.
(5) I will collect and account for all materials following each period of testing and will not permit pupils to remove test materials from the room where testing takes place.
(6) I will not disclose the contents of, or the scoring keys to, the test instrument.
(7) I will not review any test questions, passages or other test items with pupils before or after testing.
(8) I will administer the test(s) in accordance with the directions for test administration set forth in the contractor's manual for test administration.
(9) I will return all test materials to the designated California English Language Development Test site coordinator upon completion of the test.
(10) I will not interfere with the independent work of any pupil taking the test and I will not compromise the security of the test by means including, but not limited to:
(A) Providing pupils with access to test questions prior to testing.
(B) Copying, reproducing, transmitting, distributing or using in any manner inconsistent with test security all or any portion of any secure California English Language Development Test booklet or document.
(C) Coaching pupils during testing or altering or interfering with the pupil's responses in any way.
(D) Making answer keys available to pupils.
(E) Failing to follow security rules for distribution and return of secure tests as directed, or failing to account for all secure test materials before, during, and after testing.
(F) Failing to follow test administration directions specified in test administration manuals.
(G) Participating in, directing, aiding, counseling, assisting in, or encouraging any of the acts prohibited in this section.
I have been trained to administer the test.
Signed: ________________________________
Print Name: ____________________________
Position: ______________________________
School: ________________________________
School District: _______________________
Date: __________________________________
(h) To maintain the security of the test, all California English Language Development Test district and test site coordinators are responsible for inventory control and shall use appropriate inventory control forms to monitor and track test inventory.
(i) The security of the test materials that have been duly delivered to the school district by the test contractor is the sole responsibility of the school district until all test materials have been inventoried, accounted for, and delivered to the common or private carrier designated by the test contractor.
(j) Secure transportation within a school district is the responsibility of the school district once materials have been duly delivered to the school district by the test contractor.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 313, Education Code.
HISTORY
1. New section filed 10-4-2001; operative 11-3-2001 (Register 2001, No. 40).
2. Amendment filed 6-9-2005; operative 6-9-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 23).
Article 3. Test Variations/Accommodations/Modifications
Note • History
(a) School district may provide all pupils the following variations:
(1) Test directions that are simplified or clarified in English for the Reading and Writing sections.
(2) Sufficient time to complete the test as provided in the directions for test administration.
(b) School districts may provide all pupils the following variations if regularly used in the classroom:
(1) Special or adaptive furniture;
(2) Special lighting or acoustics, visual magnifying, or audio amplification equipment;
(3) An individual carrel or study enclosure;
(4) Covered overlay, masks, or other means to maintain visual attention to the test consistent with contractor's test directions;
(5) Test individual in a separate room provided that the pupil is directly supervised by an employee of the school district or nonpublic school who has signed the Test Security Affidavit; and
(6) Manually Coded English or American Sign Language to present directions for administration (does not apply to test questions).
(c) If a school district proposed the use of a variation on the test that is not listed in this section, 11516.5, or 11516.6, the school district may submit a request to the department for review of proposed variation in administering the test.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 306, 313 and 37200, Education Code; and 20 USC Section 6311.
HISTORY
1. New article 3 (sections 11516--11516.5) and section filed 10-4-2001; operative 11-3-2001 (Register 2001, No. 40).
2. Amendment of article heading and section heading, repealer and new section and amendment of Note filed 6-9-2005; operative 6-9-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 23).
Note • History
(a) Pupils with disabilities shall be permitted to take the test with those accommodations listed in subsections (b) through (e), if specified in the pupil's IEP or Section 504 plan for use on the test, standardized testing, or for use during classroom instruction and assessments.
(b) Presentation accommodations:
(1) Braille transcriptions provided by the test contractor;
(2) Large print versions reformatted from regular print version;
(3) Test items enlarged through electronic means;
(4) Audio or oral presentation of questions or items for the writing section;
(5) Use of Manually Coded English or American Sign Language to present test questions for the writing section;
(6) Test over more than one day for a test or test part to be administered in a single setting;
(7) Supervised breaks within a section of the test; and
(8) Administration of the test at the most beneficial time of day to the student.
(c) Response accommodations:
(1) For grades 3-12, Listening, Reading and Writing sections, student marks responses in test booklet and the responses are transferred to the answer document by a school or school district employee who has signed the Test Security Affidavit;
(2) For grades 2-12, Listening, Reading and Writing sections, responses dictated to a scribe for selected response items or multiple-choice items;
(3) For kindergarten and grades 1-12, Speaking section, responses dictated to a scribe for selected response items or multiple-choice items;
(4) For the Writing section, responses dictated to a scribe, audio recorder or speech to text converter and the pupil indicates all spelling and language conventions; and
(5) For the Writing section, use word processing software with the spell and grammar check tools turned off.
(d) For the Writing section, use of an assistive device that does not interfere with the independent work of the pupil.
(e) Setting accommodations include:
(1) Test at home or in hospital, by a test examiner.
(f) If the eligible pupil's or adult student's IEP team or Section 504 plan proposes a variation for use on the test that has not been listed in this section, 11516, or 11516.6, the school district may submit a request to the department for review of the proposed variation in administering the test.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 306(a), 313 and 37200, Education Code; and 20 USC Section 6311.
HISTORY
1. New section filed 10-4-2001; operative 11-3-2001 (Register 2001, No. 40).
2. Amendment of section heading, section and Note filed 6-9-2005; operative 6-9-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 23).
§11516.6. Modifications for Pupils with Disabilities.
Note • History
(a) Pupils with disabilities shall be permitted to take the test with the following modifications if specified in the pupil's IEP or Section 504 plan for use on the test, standardized testing, or for use during classroom instruction and assessments.
(b) The following are modifications because they fundamentally alter what the examination measures or affect the comparability scores. Modifications include but are not limited to the following procedures:
(1) For the Reading section, questions or items read aloud to the student or audio presentation;
(2) For the Listening/Speaking and Reading section, use of Manually Coded English or American Sign Language to present test questions;
(3) For the Writing section, essay responses dictated orally, in Manually Coded English, or in American Sign Language to a scribe, audio recorder, or speech to test converter (scribe provides spelling, grammar, and language conventions);
(4) Use of a dictionary;
(5) For the Writing section, use of word processing software with spell and grammar check tools enabled on the essay responses;
(6) For the Writing section, use of an assistive device that interferes with the independent work of the student, including mechanical or electronic devices that are not used solely to record the pupil's responses, including but not limited to transcribers, scribes, voice recognition or voice to text software, and that identify a potential error in the pupil's response or that correct spelling, grammar, or conventions.
(c) A pupil who takes the test with one or more modifications shall receive a scored marked “not valid” for the sections of the test on which modifications were used accompanied by the notation that a score marked “not valid” was obtained through use of alternate procedures which may affect the validity of the test.
(d) If the pupil's or adult student's IEP or Section 504 plan proposes a variation for use on the test that has not been listed in this section, 11516, or 11516.5, the school district may submit a request for review of proposed variations in administering the test.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 306(a), 313 and 37200, Education Code; 20 USC Section 6311.
HISTORY
1. New section filed 6-9-2005; operative 6-9-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 23).
§11516.7. Alternate Assessments for Pupils with Disabilities.
Note • History
(a) Pupils with disabilities who are unable to participate in the entire CELDT or a section of the test with variations, accommodations or modifications shall be administered alternate assessments for English language proficiency as set forth in the pupil's IEP.
(b) Pupils who participate in the Test Program using alternate assessment procedures shall receive a score marked not valid for the sections of the test in which alternate assessments were administered.
NOTE
Authority cited: Section 33031, Education Code. Reference: 20 USC Section 6311; 34 CFR Section 300.138(b)(1)(2).
HISTORY
1. New section filed 6-9-2005; operative 6-9-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 23).
Article 4. Apportionment
§11517. Apportionment to School Districts.
Note • History
The amount of funding to be apportioned to the school district for the costs of administering the test shall be the amount established by the State Board of Education to enable school districts to meet the requirements of administering the test to pupils in kindergarten to grade 12, inclusive, in the school district. The number of tests administered shall be determined by the certification of the school district superintendent pursuant to Section 11517.
NOTE
Authority cited: Sections 33031 and 60810, Education Code. Reference: Sections 313 and 60810, Education Code.
HISTORY
1. New article 3 (section 11517) and section filed 10-4-2001; operative 11-3-2001 (Register 2001, No. 40).
2. Amendment of subsections (a) and (c) and amendment of Note filed 4-14-2003; operative 4-14-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 16).
3. Amendment of section heading, repealer and new section and amendment of Note filed 6-9-2005; operative 6-9-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 23).
§11517.5. Apportionment Information Report.
Note • History
(a) Annually, each school district shall receive an Apportionment Information Report that shall include the following information for those tests administered during the previous fiscal year (July 1 through June 30):
(1) The number of pupils assessed with the CELDT as indicated by the number of answer documents submitted to and scored by the test contractor for each administration.
(2) The Department shall distribute the Reports to districts no later than November 15 following each testing window.
(b) To be eligible for apportionment payment, school district must meet the following conditions:
(1) The superintendent of each school district has certified the accuracy of the apportionment information report for tests administered during the prior fiscal year (July 1 through June 30), which is either:
(A) Postmarked by December 31, or
(B) If postmarked after December 31, the apportionment information report must be accompanied by a waiver request as provided by Education Code Section 33050. For those apportionment information reports postmarked after December 31, apportionment payment is contingent upon the availability of an appropriation for this purpose in the fiscal year in which the tests were administered.
(C) The amount of funding to be apportioned to the school district for the tests shall be calculated by multiplying the amount per administration established by the State Board of Education to enable school districts to meet the requirements of Education Code Section 60810 by the number of pupils in the school district tested with the CELDT during the previous fiscal year as determined by the apportionment information report and as certified by the school district superintendent pursuant to subdivision (b)(1)(B).
NOTE
Authority cited: Sections 33031 and 60810, Education Code. Reference: Sections 313 and 60810, Education Code.
HISTORY
1. New section filed 6-9-2005; operative 6-9-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 23).
Subchapter 8. High School Proficiency Certificates
Article 1. Certificate of Proficiency
Note • History
(a) “Parent” as used in Education Code Section 48410(e), relating to verified parental approval, means the natural parent, or adoptive parent or guardian, having legal custody of the pupil.
NOTE
Authority cited: Sections 48410, 48412 and 51426, Education Code.
HISTORY
1. New Article 1 (Sections 11520-11522) filed 11-21-75; effective thirtieth day thereafter (Register 75, No. 47).
2. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Editorial correction to title of Article 1 (Register 79, No. 4).
4. Renumbering of Chapter 10 (Sections 11520-11532) to Chapter 8 filed 11-7-79; effective thirtieth day thereafter (Register 79, N. 45). For prior history of Chapter 10, see Register 74, No. 3.
§11521. Placement on Pupil Transcript.
History
A school district shall, for each pupil who demonstrates proficiency as provided in Education Code Section 48410(e), indicate the pupil's accomplishment and the date of the proficiency certificate award on the pupil's official transcript.
HISTORY
1. Amendment filed 7-18-78; effective thirtieth day thereafter (Register 78, No. 29).
§11522. Requirement for Exemption from School Attendance Form.
History
Each school district shall develop a form which evidences parental consent for exemption from further compulsory school attendance pursuant to Education Code Section 48410(e). The form shall be made available upon request to 16- and 17-year-old pupils who have demonstrated proficiency. The form shall contain at least the following information:
(a) A general explanation of the pupil's rights of exemption from compulsory school attendance and of re-enrollment in the public high schools.
(b) The date of issuance of a certificate of proficiency.
(c) The signature of the parent and the date.
(d) The signature of a school administrator who has personally confirmed the authenticity of the parent's signature and the date.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Amendment filed 7-18-78; effective thirtieth day thereafter (Register 78, No. 29).
§11523. Examination Announcements.
Note • History
The school district superintendent shall require the principal of each school maintaining either or both of grades 11 and 12 to distribute to each pupil in those grades an announcement explaining the California High School Proficiency Examination provided for under Education Code section 48412. Upon receipt of the announcements from the California Department of Education or its contractor, distribution shall be made in time sufficient to enable interested pupils to meet all examination registration requirements for the fall test of that year.
NOTE
Authority cited: Sections 33031 and 48412, Education Code. Reference: Sections 48410 and 48412, Education Code.
HISTORY
1. New section filed 9-15-78 as an emergency; effective upon filing (Register 78, No. 37).
2. Certificate of Compliance filed 11-16-78 (Register 78, No. 46).
3. Change without regulatory effect amending section and Note filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
Article 2. High School Equivalency Certificate (G.E.D.)--for Persons 18 Years of Age or Older
Note • History
(a) “Resident of this State” means a person who either presently lives in the State of California, or who has his domicile in California in accordance with the criteria established in Government Code section 244.
(b) “A general educational development test” means a specific series of the General Educational Development Test adopted by the General Educational Development Testing Service of the American Council on Education.
(c) “A score equal to the standard of performance expected” means the following: For examinees that take the GED in the English Language prior to January 1, 2002 and for examinees that take the GED in the Spanish language prior to January 1, 2003, the standard for passage is a standard score of not less than 40 on each of the 5 tests and a total standard score of not less than 225 on the 5 tests of the battery. Beginning January 1, 2002, the standard for passage for the English Language version of the battery is a standard score of not less than 410 on each of the 5 tests and a total average standard score of not less than 450 for the entire battery. Beginning January 1, 2003, the standard for passage for the Spanish language version of the GED is a standard score of not less than 410 on each of the 5 tests and a total average standard score of not less than 450 for the entire battery.
(d) “Testing center approved by the California Department of Education” means a testing center recognized as an official testing facility by the American Council on Education, General Educational Development Testing Service and its Overseas Branch.
(e) “Fee” to accompany each application for an equivalency certificate shall be $20.00 and shall be nonrefundable irrespective of whether or not a California High School Equivalency Certificate is granted. This fee shall be charged only once for a given series of the General Educational Development Test.
(f) “Certificate” means a document containing the words “California High School Equivalency Certificate.”
NOTE
Authority cited: Section 51426, Education Code. Reference: Sections 51420, 51421 and 51425, Education Code.
HISTORY
1. New chapter 10 (sections 11530 through 11532) filed 1-18-74; effective thirtieth day thereafter (Register 74, No. 3).
2. Heading and designation of sections 11530-11532 as article 2 filed 11-21-75; effective thirtieth day thereafter (Register 75, No. 47).
3. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
4. Amendment of subsection (b) filed 5-21-82; effective thirtieth day thereafter (Register 82, No. 21).
5. Amendment of subsection (c) filed 6-21-84; effective thirtieth day thereafter (Register 84, No. 25).
6. Amendment of subsection (e) filed 5-27-86 as an emergency; effective upon filing (Register 86, No. 22). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-24-86.
7. Certificate of Compliance filed 8-7-86 (Register 86, No. 32).
8. Amendment of subsection (e) filed 6-8-90; operative 7-1-90 pursuant to Education Code section 51421 (Register 90, No. 31).
9. Amendment of subsection (c) filed 11-6-91; operative 12-6-91 (Register 92, No. 8).
10. Amendment of subsection (e) filed 4-10-96; operative 5-10-96 (Register 96, No. 15).
11. Amendment filed 1-24-2002 as an emergency; operative 1-24-2002 (Register 2002, No. 4). A Certificate of Compliance must be transmitted to OAL by 5-24-2002 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 1-24-2002 order, including amendment of subsection (c), transmitted to OAL 5-1-2002 and filed 6-11-2002 (Register 2002, No. 24).
13. Amendment of subsection (e) filed 9-22-2004; operative 9-22-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 39).
14. Change without regulatory effect amending subsection (d) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§11531. Approval of General Educational Development Testing Centers.
Note • History
(a) A General Educational Development Testing Center may be approved by the State Superintendent of Public Instruction (SSPI) to administer tests for purposes of Education Code section 51420 provided it has complied with all of the following:
(1) Fulfilled the requirements of the General Educational Development Testing Service.
(2) Provided the California Department of Education (CDE) with all required information indicating:
(A) Name of Institutional Chief Administrative Officer and title,
(B) Name of Chief Examiner and Alternate Examiner(s) and their titles,
(C) Name of testing facility,
(D) Contracting agency or school district,
(E) Address of the testing center.
(3) Agreed to comply with all test security requirements provided by the CDE and to maintain all required records regarding tests and testing activities.
(4) Agreed to provide each examinee with his or her test scores.
(5) Agreed to inspection by authorized representatives of the CDE or other agency performing the same function outside of California.
(b) The SSPI may suspend or revoke the approval, or deny renewal of an approval, of any center for failure or refusal to maintain any one or more of the standards described in subdivision (a) of this section.
NOTE
Authority cited: Section 51426, Education Code. Reference: Sections 51420, 51422 and 51423, Education Code.
HISTORY
1. Amendment filed 5-21-82; effective thirtieth day thereafter (Register 82, No. 21).
2. Amendment filed 1-24-2002 as an emergency; operative 1-24-2002 (Register 2002, No. 4). A Certificate of Compliance must be transmitted to OAL by 5-24-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 1-24-2002 order transmitted to OAL 5-1-2002 and filed 6-11-2002 (Register 2002, No. 24).
4. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§11532. Eligibility to Take a GED Test.
Note • History
(a) A person is eligible to take a general educational development test no sooner than 60 days prior to the date he or she is eligible to receive a certificate pursuant to Education Code Section 51420(c).
(b) The 60 day limitation in subdivision (a) does not apply to any person who is 17 years of age or older who has been out of school for at least 60 days and who submits a letter of request for the test from the military, a postsecondary educational institution or a prospective employer.
(c) Any person who is 17 years of age or older who is incarcerated in a California state or county correctional facility and who meets the following criteria is eligible to take the GED test:
(1) The person does not have a realistic chance of completing the requirements for a high school diploma.
(2) The person has adequate academic skills to successfully complete the GED test battery.
(3) The person understands the options available regarding acquisition of a high school diploma, the high school equivalency certificate or the high school proficiency certificate, and the requirements, expectations, benefits and limitations of each option.
(4) The person has sufficient commitment time left to complete the entire GED test battery before release; or if released before completion of the test, may complete testing at an authorized testing center.
NOTE
Authority cited: Section 51426, Education Code. Reference: Sections 51420 and 51422, Education Code.
HISTORY
1. New section filed 12-31-84; effective thirtieth day thereafter (Register 85, No. 1). For prior history, see Register 83, No. 41.
2. New subsection (c) filed 6-11-92; operative 7-13-92 (Register 92, No. 24).
Subchapter 9. Vocational Education Contracts
Article 1. General Provisions
Note • History
For purposes of this chapter, the following definitions shall apply:
(a) Course. “Course” means an instructional unit of an area or field of organized knowledge, usually provided on a semester, year, or prescribed length-of-time basis.
(b) Program. A “program” is an organized sequence of courses of instruction leading to a defined objective, degree, certificate, diploma, or license.
(c) Student. A “student” is any individual enrolled in a public entity who may benefit from the vocational instruction under contract with a private postsecondary school and has either reached his or her 16th birthday or junior class standing in a public secondary school, or who has been recommended by the chief school administrator of the public entity to participate in instruction provided by a private entity.
NOTE
Authority cited: Sections 33031 and 8092, Education Code. Reference: Section 8092, Education Code.
HISTORY
1. New Chapter 11 (Sections 11535-11540, 11542, 11544 and 11545) filed 3-7-74; effective thirtieth day thereafter (Register 74, No. 10).
2. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Renumbering of Chapter 11 (Sections 11535-11545) to Chapter 9 filed 11-7-79; effective thirtieth day thereafter (Register 79, No. 45).
4. Repealer of former Section 11535 and renumbering and amendment of former Section 11538 to Section 11535 filed 10-6-83; effective thirtieth day thereafter (Register 83, No. 41).
§11536. Application for Approval.
Note • History
Application for approval shall be submitted on a form prescribed by the Superintendent of Public Instruction.
NOTE
Authority cited: Sections 8092 and 33031, Education Code. Reference: Section 8092, Education Code.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Repealer of former Section 11536 and renumbering and amendment of former Section 11539 to Section 11536 filed 10-6-83; effective thirtieth day thereafter (Register 83, No. 41).
Article 2. Contracting Standards
Note • History
The following standards shall be employed by the California Department of Education in determining the appropriateness of vocational education to be provided by private postsecondary schools through contracts with public agencies:
(a) Employment/training needs and job opportunities have been identified that directly relate to the instruction to be offered under contract.
(b) The proposed program or course does not unnecessarily duplicate offerings available in the region served.
(c) The program or course provides vocational education opportunities for a greater number of students than would otherwise be possible.
(d) Each student eligible for enrollment must meet the criterion as defined in subdivision (c) of section 11535.
(e) The contracted services shall not reduce or supplant existing vocational education efforts of the public entity but shall become an extension or augmentation of vocational education opportunities and enrollments in the participating public entities.
(f) All programs and courses of instruction shall meet the standards set forth in the California State Plan for Vocational Education.
(g) The public entity establishes and maintains, in accordance with the provisions of the California School Accounting Manual, a clear and separate audit trail of all fiscal, enrollment, and statistical data. Such records shall be maintained for not less than five years and shall be made available for audit.
NOTE
Authority cited: Sections 8092 and 33031, Education Code. Reference: Section 8092, Education Code.
HISTORY
1. Repealer of former Section 11537 and renumbering and amendment of Section 11542 to Section 11537 filed 10-6-83; effective thirtieth day thereafter (Register 83, No. 41).
2. Change without regulatory effect amending first paragraph and subsection (d) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
Article 3. Contract Provisions
History
Each contract shall expressly include, but not be limited to, the following provisions:
(a) Methods for identifying costs and payment procedures for compliance with subdivisions (2) and (3) of Education Code section 8092.
(b) Performance objectives for each instructional area.
(c) Designation of responsibility for maintaining records of student attendance and achievement. Such records shall be available for review at any time by the California Department of Education.
(d) Instruction shall be provided only under the immediate supervision and control of teachers who hold valid California credentials authorizing the vocational subject to be taught.
(e) That the contractor provide indemnity and defense for the State and public entity, and their respective officers and employees, against any and all claims and liability for death, injury, loss and damage arising out of, or in any manner connected with, the performance of the contract. Such indemnity and defense may be provided either by an appropriate hold harmless clause or a policy of liability insurance coverage, the cost of which is to be borne by the contractor. Such policy shall name the State and public entity, along with their respective officers and employees, as additional insured.
(f) Except when prohibited by law the contractor provide, at his own expense, workers' compensation insurance coverage for any student who performs services or manufactures or assembles products that represent actual or potential income for the contractor.
(g) That the contractor is in compliance with Title VI of the Civil Rights Act of 1964, Title IX of the Higher Education Act of 1972, and all applicable local, state and federal health and safety regulations.
(h) Procedures relating to: transfer of students between the public entity and contractor; number of class hours sufficient to meet the stated performance objectives; and withdrawal of students prior to completion of a course or program.
(i) Terms and conditions relating to enrollment period and cancellation and termination of the contract.
HISTORY
1. Amendment of subsection (a) filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Renumbering and amendment of former Section 11538 to Section 11535 and renumbering and amendment of former Section 11545 to Section 11538 filed 10-6-83; effective thirtieth day thereafter (Register 83, No. 41).
3. Change without regulatory effect amending subsections (a) and (c) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
History
HISTORY
1. Repealer filed 10-6-83; effective thirtieth day thereafter (Register 83, No. 41).
History
HISTORY
1. Repealer filed 10-6-83; effective thirtieth day thereafter (Register 83, No. 41).
Subchapter 10. Bilingual Education
Article 1. Bilingual Teacher Corps Program
Note • History
The purpose of the Bilingual Teacher Corps program is to recruit and insure the training of bilingual teachers and school administrators.
The Superintendent of Public Instruction shall provide stipends to qualified individuals who pursue an educational program at a cooperating institution of higher education which is directed toward a teaching credential qualifying the holder to teach limited and non-English-speaking children.
NOTE
Authority cited for Chapter 12: Sections 52151 and 52152, Education Code.
HISTORY
1. New Chapter 12 (Sections 11600-11604) filed 2-28-75; effective thirtieth day thereafter (Register 75, No. 9).
2. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Renumbering of Chapter 12 (Sections 11600-11604) to Chapter 10 filed 11-7-79; effective thirtieth day thereafter (Register 79, No. 45).
Note • History
(a) “Cooperating institution of higher education” means any California State University or College, the University of California, or community college.
(b) “Qualified individual” means any person who is:
(1) Enrolled in a cooperating institution of higher education for a minimum of nine units per semester or eight quarter units per quarter for a minimum total of 18 semester units or 24 quarter units in the academic year, and is
(2) Employed as a teacher aide to provide direct bilingual instructional services in a public school for a minimum of 10 hours per week while participating in the Bilingual Teacher Corps program.
(c) “Necessary expenses” means transportation expenses generated by traveling from the college site to the public school and back again, and other tuition and book costs directly resulting from enrollment in the program leading to a credential qualifying the individual to teach limited and non-English-speaking children.
NOTE
Authority cited: Section 52151, Education Code. Reference: Sections 52150 and 52151, Education Code.
HISTORY
1. Amendment filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).
2. Amendment filed 10-19-78 as an emergency; effective upon filing (Register 78, No. 42).
3. Certificate of Compliance filed 12-26-78 (Register 78, No. 52).
The Superintendent of Public Instruction may allocate up to 10% of the funds appropriated for the Bilingual Teacher Corps program to cooperating institutions of higher education in order to conduct program planning, development, and administration.
Note • History
A cooperative institution of higher education shall receive a stipend for payment to each participant in the approved program who maintains a minimum of 12 units per semester or quarter in the academic year. Such stipend shall be renewable each year. Participants who maintain less than 12 units per semester or quarter shall receive a pro-rata share of the maximum stipend.
The stipend shall supplement and not supplant any other financial aid.
NOTE
Authority cited: Section 52151, Education Code. Reference: Sections 52150 and 52151, Education Code.
HISTORY
1. Amendment filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).
2. Amendment filed 10-19-78 as an emergency; effective upon filing (Register 78, No. 42).
3. Certificate of Compliance filed 12-26-78 (Register 78, No. 52).
Each cooperating institution of higher education shall submit an annual evaluation report in the manner and form prescribed by the Superintendent of Public Instruction.
Subchapter 11. Regional Adult and Vocational Education Councils
Article 1. General Provisions
§11610. Selection of Members to a Council.
Note • History
(a) Prime Sponsor Representation. A prime sponsor for the balance of State shall make the selection only in the event that the council region does not include a local prime sponsor. Where the council region includes two or more local prime sponsors, that local sponsor serving the largest number of CETA participants in that region shall make the selection.
(b) Private School Representation. The county superintendent of schools who called the initial organizational meeting shall notify all private postsecondary educational institutions in the council region and request that they cooperatively select one representative.
In the event that a private postsecondary school does not exist within the region of a council, the council shall identify, as far as reasonably possible, all such private schools located within a reasonable distance outside the council boundary that draw upon the population of the council region for students. The council shall then invite those identified private schools to select a representative for membership on the council.
(c) District Representation. In the event that the region of a council encompasses only one secondary school or community college district, the particular district shall select all four members. Where the region encompasses two or more secondary school or community college districts, nominations for selection of members by election shall be made in the following manner: each secondary school and community college district shall make nominations as follows: each of two districts may nominate no more than three persons; each of three districts may nominate no more than two persons; each of four districts may nominate no more than two persons; and each of five or more districts may nominate one person only.
NOTE
Authority cited: Section 8023, Education Code. Reference: Section 8024, Education Code.
HISTORY
1. New Chapter 13 (Sections 11610-11631) filed 3-31-76; effective thirtieth day thereafter (Register 76, No. 14).
2. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Renumbering of Chapter 13 (Sections 11610-11631) to Chapter 11 filed 11-7-79; effective thirtieth day thereafter (Register 79, No. 45).
4. Repealer of former Section 11610, and renumbering and amendment of former Section 11616 to Section 11610 filed 7-12-83; effective thirtieth day thereafter (Register 83, No. 29).
§11611. Criteria for Review of Courses.
Note • History
(a) In reviewing plans to offer courses and programs, a council must necessarily examine the content of the courses and programs. However, the recommendations submitted to the Superintendent and Chancellor shall be addressed to the elimination of unnecessary duplication of courses and programs.
(b) The council shall not make recommendations relative to course content, course title, method of instruction or qualifications of instructors. Each council shall include, in its review, appropriate labor market supply and demand, population and other data to make its determinations.
(c) For purposes of Education Code Section 8030, a local educational agency includes a regional occupational center and a regional educational program.
NOTE
Authority cited: Section 8029, Education Code. Reference: Sections 8029 and 8030, Education Code.
HISTORY
1. Repealer of former Section 11611, and renumbering and amendment of former Section 11621 to Section 11611 filed 7-12-83; effective thirtieth day thereafter (Register 83, No. 29). For prior history, see Register 77, No. 39.
Article 2. Formation of Regional Council Boundaries [Repealed]
NOTE
Authority cited: Section 8023, Education Code. Reference: Sections 8020-8034, Education Code.
HISTORY
1. Repealer of Article 2 (Section 11612) filed 7-12-83; effective thirtieth day thereafter (Register 83, No. 29).
Article 3. Criteria for Council Boundary Determination [Repealed]
NOTE
Authority cited: Section 8023, Education Code. Reference: Sections 8020-8034, Education Code.
HISTORY
1. Repealer of Article 3 (Section 11613) filed 7-12-83; effective thirtieth day thereafter (Register 83, No. 29).
Article 4. Organization of Councils [Repealed]
NOTE
Authority cited: Section 8023, Education Code. Reference: Sections 8020-8034, Education Code.
HISTORY
1. Repealer of Article 4 (Sections 11614-11619) filed 7-12-83; effective thirtieth day thereafter (Register 83, No. 29).
Article 5. Council Functions [Repealed]
NOTE
Authority cited: Section 8023, Education Code. Reference: Sections 8020-8034, Education Code.
HISTORY
1. Repealer of Article 5 (Sections 11620-11628) filed 7-12-83; effective thirtieth day thereafter (Register 83, No. 29).
Article 6. Appeals from Decision of the Council [Repealed]
NOTE
Authority cited: Section 8023, Education Code. Reference: Sections 8020-8034, Education Code.
HISTORY
1. Repealer of Article 6 (Sections 11629-11631) filed 7-12-83; effective thirtieth day thereafter (Register 83, No. 29).
Subchapter 12. Alternative Schools [Repealed]
NOTE
Authority cited: Sections 33031 and 58511, Education Code. Reference: Sections 58500-58512, Education Code.
HISTORY
1. New Chapter 14 (Sections 11650-11654) filed 8-20-76; effective thirtieth day thereafter (Register 76, No. 34).
2. Amendment of Section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Renumbering of Chapter 14 (Sections 11650-11654) to Chapter 12 filed 11-7-79; effective thirtieth day thereafter (Register 79, No. 45).
4. Repealer of Chapter 12 (Sections 11650-11654) filed 1-20-83; effective thirtieth day thereafter (Register 83, No. 4).
Subchapter 13. Independent Study
Article 1. General Provisions
Note • History
(a) “Full-time equivalent certificated employees” means any combination of full-time certificated employees and part-time certificated employee assignments that aggregate to the amount of instructional time specified in the contract of a full-time certificated classroom teacher of the district or county office of education.
(b) “General supervision” means the supervising teacher's
(1) continuing oversight of the study design, implementation plan, allocation of resources, and evaluation of pupil or adult education student progress for any pupil's or adult education student's independent study; and
(2) personal determination or personal review of the determination made by another certificated teacher of the time values for apportionment purposes of each pupil's or adult education student's work products.
(c) “Independent study” means an alternative to classroom instruction consistent with the district's course of study.
(d) “Independent study is an optional educational alternative in which no pupil may be required to participate” means
(1) with regard to school districts or county offices of education, that
(A) they are not required to offer independent study, and
(B) school districts or county offices of education that do offer independent study are not obliged to permit a pupil or adult education student to engage in independent study if school officials given responsibility for the decision determine that independent study is not an appropriate alternative for the pupil or adult education student; and,
(2) with regard to pupils or adult education students,
(A) a pupil's or an adult education student's choice to commence, or to continue in, independent study must not be coerced, and
(B) in the case of a pupil who is referred or assigned to any school, class, or program pursuant to Education Code sections 48915 or 48917, and to the extent that independent study is not prohibited, instruction may be provided to the pupil through independent study only if the pupil has the continuing option of classroom instruction.
(e) “Method utilized to evaluate” means any specified procedure through which a certificated teacher personally assesses the extent to which achievement of the pupil or adult education student meets the objectives of an assignment.
(f) “Methods of study” means the pupil or adult education student activities selected by the supervising teacher as the means to reach the educational objectives set forth in the written agreement.
(g) “Missed assignment” means any specified independent study assignment that has not been turned in, or evidenced as completed, by a pupil or adult education student by the due date for the assignment.
(h) “Regular school program” means the classroom-based instructional program or its equivalent that a pupil or adult education student would have attended had the pupil or adult education student not elected independent study.
(i) “Specific resources” include all resources, including materials and services, reasonably necessary to the achievement of the objectives in the written agreement, and shall not be construed to exclude resources normally available to all pupils or adult education students on the same terms as the terms on which they are normally available to all pupils or adult education students.
(j) “Supervising teacher” means the certificated teacher employed by the school district or county office of education and assigned, as noted in the written agreement, the responsibility for coordinating, evaluating, and providing general supervision of a pupil's or adult education student's independent study pursuant to Education Code section 51747.5(a).
(k) “Type of program” means statutory program category for purposes of attendance accounting.
(l) “Work product” means that which results from a pupil's or adult education student's efforts and actions to complete or perform the assignments given and which is subsequently evaluated by a certificated teacher.
NOTE
Authority cited: Section 51749.3, Education Code. Reference: Sections 48200, 48663, 48916.1, 49067, 51745, 51746, 51747 and 51747.5, Education Code.
HISTORY
1. New Chapter 15 (Sections 11700-11703) filed 10-22-76; effective thirtieth day thereafter (Register 76, No. 43).
2. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Renumbering of Chapter 15 (Sections 11700-11703) to Chapter 13 filed 11-7-79; effective thirtieth day thereafter (Register 79, No. 45).
4. Amendment filed 4-13-83; effective thirtieth day thereafter (Register 83, No. 16).
5. Amendment filed 10-15-90; operative 10-15-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 47).
6. Amendment of subchapter 13 heading, section and Note filed 12-12-97; operative 1-11-98 (Register 97, No. 50).
7. Editorial correction of subsection (d) (Register 2009, No. 24).
§11700.1. Additional Definitions Applicable to Charter Schools.
Note • History
(a) “Certificated employees,” in charter schools, means employees meeting the requirements of subdivision (l) of Education Code Section 47605.
(b) “Classroom instruction,” with reference to a charter school, means classroom instruction provided either by the charter school or by another public school that the pupil is eligible to attend.
(c) “School district” or “district,” for the purposes of this subchapter and of Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of the Eduction Code, means a school district or a charter school, unless the context clearly indicates otherwise.
NOTE
Authority cited: Sections 33031 and 47612.5(b), Education Code. Reference: Sections 47605(l), 47612.5(b) and 51745-51749.3, Education Code.
HISTORY
1. New section filed 12-23-99 as an emergency; operative 1-3-2000 pursuant to Government Code section 11343.4(c) (Register 99, No. 52). A Certificate of Compliance must be transmitted to OAL by 5-2-2000 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-23-99 order transmitted to OAL 3-28-2000 and filed 5-2-2000 (Register 2000, No. 18).
§11701. District Responsibilities.
Note • History
In setting policy pursuant to subdivisions (a) and (b) of Education Code section 51747, the local governing board shall consider, in a public hearing, the scope of its existing or prospective use of independent study as an instructional strategy, its purposes in authorizing independent study, and factors bearing specifically on the maximum realistic lengths of assignments and acceptable number of missed assignments for specific populations of pupils or adult education students. Adopted policies shall reflect an awareness that excessive leniency in their terms can result in pupils falling so far behind their age peers as to increase, rather than decrease, the risk of their dropping out of school.
NOTE
Authority cited: Section 51749.3, Education Code. Reference: Section 51747(a) and (b), Education Code.
HISTORY
1. Repealer filed 4-13-83; effective thirtieth day thereafter (Register 83, No. 16).
2. New section filed 10-15-90; operative 10-15-90 pursuant to Government Code section 11346(d) (Register 90, No. 47).
3. Amendment of section and Note filed 12-12-97; operative 1-11-98 (Register 97, No. 50).
§11701.5. Equitable Provision of Resources and Services.
Note • History
Consistent with the statutory authorization to offer independent study as an alternative instructional strategy to meet the educational needs of pupils or adult education students,
(a) the independent study option is to be substantially equivalent in quality and in quantity to classroom instruction, thereby ensuring that a pupil or adult education student who engages in independent study on a full-time basis, or on a part-time basis in conjunction with part- or full-time classroom study, will be enabled to complete the district or county office of education adopted course of study within the customary time frame for completion of that course of study;
(b) pupils or adult education students who choose to engage in independent study are to have the same access to existing services and resources as the other pupils or adult education students of the school in which the independent study pupil or adult education student is enrolled; and
(c) pupils or adult education students who choose to engage in independent study are to have equality of rights and privileges with the pupils or adult education students of the district or county office of education who choose to continue in the regular school program.
NOTE
Authority cited: Section 51749.3, Education Code. Reference: Sections 35293, 37202, 46100, 51745, 51746 and 51747.3, Education Code.
HISTORY
1. New section filed 12-12-97; operative 1-11-98 (Register 97, No. 50).
Article 2. Standards for Independent Study
§11702. Requirements for Agreements.
Note • History
(a) Each signature required for an independent study agreement shall be dated. An agreement is not in effect until it is complete as to all terms, signed and dated.
(b) The curriculum and methods of study specified in an independent study agreement shall be consistent with the district or county office of education policies and procedures for curriculum and instruction as adopted by the governing board.
NOTE
Authority cited: Section 51749.3, Education Code. Reference: Sections 51013, 51050, 51745, 51746 and 51747, Education Code.
HISTORY
1. Amendment filed 4-13-83; effective thirtieth day thereafter (Register 83, No. 16).
2. Amendment filed 10-15-90; operative 10-15-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 47).
3. Amendment of section heading, repealer and new section and amendment of Note filed 12-12-97; operative 1-11-98 (Register 97, No. 50).
Note • History
(a) Maintaining records to meet audit requirements is the responsibility of the local district or county superintendent's office. These records may be on site(s).
(b) Records shall include but not be limited to:
(1) A copy of adopted governing board policy and procedures.
(2) A separate listing of the pupils and adult education students, by grade level, program and school, who have engaged in independent study, identifying units of the curriculum undertaken and units of the curriculum completed by each of those pupils in kindergarten and grades 1 to 8, inclusive, and identifying course credits attempted by and awarded to each of those pupils in grades 9 to 12 inclusive and each of those students in adult education, as specified in their written agreements.
(3) A file of all agreements, including representative samples of each pupil's or adult education student's work products bearing signed or initialed and dated notations by the supervising teacher indicating that he or she has personally evaluated the work, or that he or she has personally reviewed the evaluations made by another certificated teacher.
(4) A daily or hourly attendance credit register, as appropriate to the program in which the pupils or adult education students are enrolled, separate from classroom attendance records, and maintained on a current basis as time values of pupil or adult education student work products are personally judged by a certificated teacher, and reviewed by the supervising teacher if they are two different persons.
NOTE
Authority cited: Section 51749.3, Education Code. Reference: Sections 51747, 51747.5 and 51748, Education Code.
HISTORY
1. Amendment filed 11-7-79; effective thirtieth day thereafter (Register 79, No. 45).
2. Amendment filed 4-13-83; effective thirtieth day thereafter (Register 83, No. 16).
3. Amendment of subsections (b)(2) and (b)(3) filed 10-15-90; operative 10-15-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 47).
4. Amendment of subsections (b)-(b)(4) and amendment of Note filed 12-12-97; operative 1-11-98 (Register 97, No. 50).
Article 3. Provisions Unique to Charter Schools
§11704. Pupil -- Teacher Ratio.
Note • History
In a charter school, for the purposes of Education Code section 51745.6, the ratio of average daily attendance for independent study pupils to full-time equivalent (FTE) certificated employees responsible for independent study shall not exceed a pupil-teacher ratio of 25:1 or the ratio of pupils to full-time equivalent certificated employees for all other educational programs operated by the largest unified school district, as measured by average daily attendance, as reported at the second principal apportionment in the prior year, in the county or counties in which the charter school operates. Units of average daily attendance for independent study that are ineligible for apportionment as provided in subdivision (b) of Education Code section 51745.6 shall also be ineligible for funding pursuant to Chapter 6 (commencing with section 47630) of Part 26.8 of the Education Code. For purposes of this section, a “full-time certificated employee” means an employee who is required to work a minimum six-hour day and 175 days per fiscal year. Part-time positions shall generate a partial FTE on a proportional basis.
NOTE
Authority cited: Sections 33031 and 47612.5(b), Education Code. Reference: Sections 47612.5(b) and 51745.6, Education Code.
HISTORY
1. New article 3 (section 11704) and section filed 12-23-99 as an emergency; operative 1-3-2000 pursuant to Government Code section 11343.4(c) (Register 99, No. 52). A Certificate of Compliance must be transmitted to OAL by 5-2-2000 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-23-99 order transmitted to OAL 3-28-2000 and filed 5-2-2000 (Register 2000, No. 18).
3. Amendment filed 12-6-2005; operative 12-6-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 49).
4. Change without regulatory effect amending section filed 4-4-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 14).
§11705. High School Graduation Requirements.
Note • History
For the purposes of subdivision (e) of Education Code section 51745, a charter school that includes any of grades 9 to 12, inclusive, shall be deemed to be an alternative school of every high school district and unified school district within which it operates.
NOTE
Authority cited: Sections 33031 and 47612.5(b). Reference: Sections 47612.5(b) and 51745, Education Code.
HISTORY
1. New section filed 2-10-2000 as an emergency; operative 2-10-2000 (Register 2000, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-9-2000 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-23-99 order transmitted to OAL 3-28-2000 and filed 5-2-2000 (Register 2000, No. 18).
Subchapter 14. School Resource Centers
Article 1. School Resource Centers
Note • History
(a) “Staff Development” is ongoing education and training activities which are planned, carried out, and evaluated for the purpose of improving the job related skills of principals, teachers, instructional aides, classroom volunteers, and other student support personnel who regularly serve students in kindergarten through grade twelve. Staff development includes training and education in the following areas:
(1) Program planning, development, implementation, and evaluation;
(2) Disciplines or bodies of knowledge;
(3) Instructional skills and abilities; and
(4) Human development and counseling skills.
The purpose of staff development is to improve the effectiveness of instruction in order to promote student achievement in a wide variety of basic, academic, personal, social, and career skills and competencies.
(b) A “School Resource Center” is a staff development delivery system which is organized to provide the following services to schools, school districts, and county schools offices:
(1) Assist school personnel to conduct an accurate assessment of school staff development needs and to help them to become fully aware of these needs;
(2) Assist with the design of staff development programs which will address assessed needs of schools;
(3) Identify and match available staff development resources with the assessed needs of schools;
(4) Train key school personnel to deliver training to school groups;
(5) Provide training to individual schools; and
(6) Provide training to individuals or groups of individuals from various schools to meet assessed needs related to their school objectives.
(c) “Training” consists of staff development activities which assure that trainees develop or extend job-related skills and areas of knowledge and understanding, and that guided practice or follow-up activities will be used to strongly encourage the successful application of the newly acquired skills and knowledge in the job setting.
(d) “Grantee Agency” is an agreed upon school district or county office of education acting on its own, or on behalf of a consortium which selected it as its representative. The agency shall be responsible for receiving and disbursing funds under this Act.
(e) “Center Personnel” as used in Section 44680.5(b) is limited to the center project director or manager and other full-time professional employees of the center.
NOTE
Authority cited: Section 44680.9, Education Code.
HISTORY
1. New Chapter 16 (Sections 11710-11715) filed 5-17-78; effective thirtieth day thereafter (Register 78, No. 20).
2. Renumbering of Chapter 16 (Sections 11710-11715) to Chapter 14 filed 11-7-79; effective thirtieth day thereafter (Register 79, No. 45).
§11711. Interagency Agreements for Centers.
A school resource center application may be submitted to the Superintendent of Public Instruction by a county office of education, a school district, or one of these on behalf of a consortium which shall include school districts and county offices of education and may include institutions of
higher education. Prior to submitting this application, the participating agencies and institutions shall duly enter into legal interagency contracts to support and participate in such a consortium with a grantee agency.
§11712. Assurance Requirement for Resource Center Application.
Each application to establish a resource center(s) shall include assurances that the following standards have been met, or will be met:
(a) The staff development program proposed in the application is designed to provide the appropriate services listed in Education Code Section 11710(b),
(b) The proposed evaluation design adequately provides for ongoing program review and modification of the staff development program, including intended outcomes as outlined in the application.
§11713. Selection Process and Criteria.
(a) For the 1978-79 fiscal year, one center will be funded in each of six regions as established by the Superintendent of Public Instruction and each center will receive a grant of at least $80,000.
(b) Those applications to establish centers which meet the requirement of Section 11712 shall be ranked and approved by the State Board of Education on the basis of the following criteria, listed in descending order of importance:
(1) The extent to which the staff development program proposed in an application is designed to achieve objectives for the center as specified in Education Code Section 44680.2.
(2) The degree of commitment of a district, or the parties to a consortium, as evidenced by: policies; allocation of staff; allocation of fiscal and material resources including the provision of release time pursuant to Education Code Section 44670.5(d); the integration of existing resources and services; and prospective utilization of the services of the center.
(3) The extent and degree of collaboration among the parties in a consortium.
(4) The potential impact a center will have regionally.
(5) The extent to which the staff development program proposed in an application is designed to provide all of the appropriate services listed in Section 11710(b).
§11714. Governance of Center Projects.
(a) A school district or county office of education which serves as a grantee agency for a school resource center consortium shall adopt, publish and disseminate legally constituted policies and procedures developed by the consortium on:
(1) Personnel recruitment, selection, placement and retention;
(2) Staff development programs; and
(3) Accounting practices consistent with the current edition of the California School Accounting Manual.
(b) Each school district or county office of education which agrees to participate in the development of an interagency consortium for the purpose of applying for funds to operate a school resource center shall concur in writing that the personnel and fiscal policies and procedures of the grantee agency shall prevail in resource center operations.
§11715. Relationship of Regulations Covering School Resource Centers with Those Covering the Teacher Centers Program Established Pursuant to Public Law 94-482 of 1976.
(a) Nothing in these regulations is to be construed as prohibiting simultaneous application and use of funds under both Education Code Sections 44680 through 44680.91 and the appropriate sections covering the Teacher Centers Program established pursuant to Public Law 94-482 of 1976.
(b) The State Board of Education will approve applications for funding of Teacher Centers Programs using criteria which are based upon regulations promulgated under Public Law 94-482 of 1976 together with those listed in Education Code Section 11713.
Subchapter 15. Comprehensive Health Education
§11800. Criteria for Approval of Plans.
Note • History
Evaluation and approval of district plans for comprehensive health education submitted by school districts that wish to receive reimbursement for inservice teacher training provided in accordance with Section 51920 of the Education Code will be based on standards and criteria established by the State Board of Education and made available to all school districts.
NOTE
Authority cited: Section 51911, Education Code. Reference: Section 51911, Education Code.
HISTORY
1. New Chapter 17 (Sections 11800 and 11801) filed 11-16-78; effective thirtieth day thereafter (Register 78, No. 46).
2. Renumbering of Chapter 17 (Sections 11800-11801) to Chapter 15 filed 11-7-79; effective thirtieth day thereafter (Register 79, No. 45).
Note
Each district submitting a plan for comprehensive health education shall apply on such forms and at such times as the Department of Education shall determine.
NOTE
Authority cited: Section 51911, Education Code. Reference: Section 51911, Education Code.
Subchapter 16. Pregnant Minor Program
Note • History
NOTE
Authority cited: Section 2551.3, Education Code. Reference: Section 2551.3, Education Code.
HISTORY
1. New Chapter 16 (Sections 11820-11834, not consecutive) filed 8-26-82; effective thirtieth day thereafter (Register 82, No. 35).
2. Amendment of subsection (b) filed 6-21-84; effective thirtieth day thereafter (Register 84, No. 25).
3. Change without regulatory effect repealing subchapter 16 (sections 11820-11834) and repealing section filed 1-8-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
§11822. Statement of Assurance.
Note • History
NOTE
Authority cited: Section 2551.3, Education Code. Reference: Section 2551.3, Education Code.
HISTORY
1. Change without regulatory effect repealing section filed 1-8-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
§11823. General Program Provisions.
Note • History
NOTE
Authority cited: Section 2551.3, Education Code. Reference: Section 2551.3, Education Code.
HISTORY
1. Change without regulatory effect repealing section filed 1-8-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
Note • History
NOTE
Authority cited: Section 2551.3, Education Code. Reference: Section 2551.3, Education Code.
HISTORY
1. Change without regulatory effect repealing section filed 1-8-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
Note • History
NOTE
Authority cited: Section 2551.3, Education Code. Reference: Section 2551.3, Education Code.
HISTORY
1. Change without regulatory effect repealing section filed 1-8-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
Note • History
NOTE
Authority cited: Section 2551.3, Education Code. Reference: Section 2551.3, Education Code.
HISTORY
1. Change without regulatory effect repealing section filed 1-8-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
Note • History
NOTE
Authority cited: Section 2551.3, Education Code. Reference: Section 2551.3, Education Code.
HISTORY
1. Change without regulatory effect repealing section filed 1-8-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
§11832. Program Advisory Council.
Note • History
NOTE
Authority cited: Section 2551.3, Education Code. Reference: Section 2551.3, Education Code.
HISTORY
1. Change without regulatory effect repealing section filed 1-8-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
§11833. Safeguarding of Funds.
Note • History
NOTE
Authority cited: Section 2551.3, Education Code. Reference: Section 2551.3, Education Code.
HISTORY
1. Change without regulatory effect repealing section filed 1-8-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
§11834. Reporting Requirements.
Note • History
NOTE
Authority cited: Section 2551.3, Education Code. Reference: Section 2551.3, Education Code.
HISTORY
1. Change without regulatory effect repealing section filed 1-8-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
Subchapter 17. Grant Program for Restructuring in Public Education
Article 1. Planning Grant Application
§11840. Procedures for Filing a Planning Grant Application.
Note • History
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 58901, 58914 and 58916, Education Code.
HISTORY
1. New section filed 3-28-91 as an emergency; operative 3-28-91 (Register 91, No. 16). A Certificate of Compliance must be transmitted to OAL by 7-26-91 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 91, No. 46).
Note • History
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 58901, 58914 and 58916, Education Code.
HISTORY
1. New section filed 3-28-91 as an emergency; operative 3-28-91 (Register 91, No. 16). A Certificate of Compliance must be transmitted to OAL by 7-26-91 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 91, No. 46).
§11842. Scoring the Applications.
Note • History
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 58901, 58914 and 58916, Education Code.
HISTORY
1. New section filed 3-28-91 as an emergency; operative 3-28-91 (Register 91, No. 16). A Certificate of Compliance must be transmitted to OAL by 7-26-91 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 91, No. 46).
Article 2. Demonstration Grant Applications
Note • History
(a) The score for each demonstration grant application is based on the proposal as a whole rather than the sum of its individual school part, district or consortium part, and collaborative compact part (description of the school's efforts to consult with key stakeholders such as the district, governing board, collective bargaining units, businesses, public institutions of higher education, public and private nonprofit social services and child development agencies, and other organizations as appropriate).
(b) The application, submitted on behalf of any school, shall describe the vision guiding their restructuring effort and the actions the school and district or consortium propose to take to integrate the primary elements of restructuring. For purposes of this article, “vision” means what the applicant wants students to be able to know and do, and how the school needs to be structured and organized to accomplish this. The vision provides an overarching picture of what could be rather than what is, and it is the source from which the goals and action plan follow.
(c) The application shall describe, with a rationale:
(1) What will be done to restructure public education in the school and district;
(2) Why such action is important; and
(3) How the action plan will be carried out.
(d) Each application will be reviewed and scored as a whole entity on a four part scale, with four being the highest score. Specific criteria for scoring will be based on the degree to which the proposal as a whole demonstrates:
(1) an understanding of the goal and focal point of restructuring:
(A) a focus on learning and students;
(B) quality of analysis of the primary issues and problems the school faces regarding student performance; and
(C) understanding of the depth and quality of change needed to transform learning, teaching, curriculum, and assessment;
(2) an understanding of the critical elements of restructuring and how they work together to transform learning:
(A) an integrated and comprehensive vision which includes all of the restructuring elements in a manner which shows promise for materially improving the learning of all students and for engaging all students in a rigorous, meaningful learning experience;
(B) the required elements of a restructuring plan are:
1. an active, thinking-centered rather than skill-centered curriculum, involving multiple and diverse instructional strategies, and performance-based student assessment for ALL students, especially those at risk;
2. outcome-based accountability systems that include agreement on multiple and diverse, performance-based outcomes which drive the design of school structures and policies at every level of the system (district, school, department, classroom, individual, students, teachers);
3. professional collaboration, development and decision-making focused on learning and teaching, and involving all members of the school community;
4. organizational patterns and processes that encourage expanded involvement of parents, and greater inclusion and collaboration among the various stakeholders in the decision-making process (school staff members, parents, the business community, institutions of higher education, social service agencies, and others as appropriate to the particular school setting);
5. technology as a tool to enhance learning and instruction and to strengthen management of the school; and
6. ongoing, objective evaluation of:
a. individual student progress in learning and in social and emotional growth;
b. the effectiveness of actions taken to meet long-range goals; and
c. continuous feedback which uses evaluation results to reconsider and redesign the learning environment for greater success.
7. A restructuring demonstration proposal that includes grades 11 or 12 must include new and expanded opportunities for 11th and 12th grade students to attend classes in colleges and universities, enroll in specialized schools and programs, and to participate in internships or other field work with business, industry, schools, and community organizations.
8. A restructuring demonstration proposal that includes preschool programs and/or school-age parenting and infant development programs that have received separate, targeted funding for such programs must include an explanation of how these programs fit into the overall restructuring effort.
(3) a clear and convincing picture of the specific actions needed to move toward the vision:
(A) completeness and validity of the action plan;
(B) clear and convincing links between the vision and the particular strategies, structures, actions and activities to be undertaken;
(C) a detailed and specific action plan, particularly related to the timeline, budget, evaluation systems, professional development, and governance structure, depth and quality of the strategies, actions and activities; and
(4) an understanding of how to manage change, provide for growth and development, and sustain systems for continuously reevaluating and improving the learning and teaching environment evidenced by:
(A) a rational, sound approach to managing the change process;
(B) systems for continuous evaluation of progress toward long-range goals and of feedback to guide change efforts;
(C) potential for successfully carrying out fundamental change across several interrelated dimensions;
(D) actions, roles, responsibilities for stakeholders which are clearly described; and
(E) specific descriptions of the kinds and sources of support, leadership, staff development, and the conditions needed to maximize the chances of successful change.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 58901, 58903, 58904, 58905, 58906, 58907, 58908, 58909, 58910, 58915, 58916 and 58923, Education Code.
HISTORY
1. New section filed 5-20-92 as an emergency; operative 5-20-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 9-17-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-20-92 order including amendment of section transmitted to OAL 9-17-92 and filed 10-27-92 (Register 92, No. 44).
Note • History
(a) Final selection will include an interview with panelists composed of the advisory committee representatives identified pursuant to Education Code section 58916 and other individuals representing a variety of roles (school and district and county level administrators, teachers, business persons and university faculty) who are knowledgeable about restructuring. The highest scoring schools in the categories described in Education Code section 58906(a) will be invited to participate in an oral interview to determine the level of communitywide support and schoolsite leadership for the proposed restructuring proposal.
(1) Communitywide support includes the specific resources, support, conditions or leadership to be provided by those whose participation is crucial to the restructuring effort, such as teachers, the school district, the governing board, certificated and classified bargaining units, parents, the non-parent public, business, community organizations, institutions of higher education, and others as appropriate.
(2) Schoolsite leadership includes evidence of collaborative decision-making and governance structures focused on learning and teaching; opportunities for expanded participation by parents in the change process; processes for building the capacity and knowledge of all members of the school site to enable them to develop and successfully carry out their restructuring vision and action plan; and a commitment of all the school's resources to the restructuring effort.
(b) The score of each oral interview is based on the interview as a whole rather than on the quality of answers to individual questions. The score will be based on a four part scale, with four being the highest score. Specific criteria for scoring will be based on:
(1) communitywide support as described in subsection 11844(a)(1);
(2) schoolsite leadership as described in subsection 11844(a)(2); and
(3)(A) understanding of the goal and focal point of restructuring, (B) understanding of the critical elements of restructuring, (C) understanding of the specific actions needed to move toward the restructuring vision, and (D) understanding of how to manage change, as described in subsection 11843(d).
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 58904 and 58906, Education Code.
HISTORY
1. New section filed 5-20-92 as an emergency; operative 5-20-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 9-17-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-20-92 order including amendment of subsections (a)(1) and (b)(3) transmitted to OAL 9-17-92 and filed 10-27-92 (Register 92, No. 44).
Subchapter 18. Grant Program for Healthy Start
Article 1. Grants
Note • History
Throughout this subchapter, unless otherwise indicted by the context:
(a) “Applicant” is a California local educational agency or consortium of local educational agencies involved in local agency collaboration that submits an application on behalf of qualifying schools for Healthy Start funds.
(b) “Application” is that document submitted in response to the Request for Applications.
(c) “Application narrative” is that portion of the application wherein the applicant provides a written description of local conditions and the proposed Healthy Start initiative.
(d) “Client-centered outcomes” means specific improvements in the academic performance, health status and psycho-social functioning of children and families.
(e) “Comprehensive, integrated, school-linked services” means the establishment of a comprehensive, integrated system of services which includes school, health and human service providers, and community groups and provides assistance to children and families across multiple service areas.
(f) “Elements” are the requisite components that each application for funds must contain.
(g) “Local agency collaboration,” as stated in Education Code section 8806, ensures on-going consultation and collaboration with local agencies and involves, at a minimum, parents or guardians and teachers of eligible pupils and representatives of each member agency or private partner who will provide, or is anticipated to provide, services pursuant to the Healthy Start Support Services for Children Act (Education Code section 8800 et seq.).
(h) “Request for Applications” is the California Department of Education announcement for competitive award of grants for the Healthy Start Program.
NOTE
Authority cited: Section 8804(b) and (i), Education Code. Reference: Sections 8804 and 8806, Education Code.
HISTORY
1. New subchapter 18 (sections 11900-11910, not consecutive) filed 6-23-92 as an emergency; operative 6-23-92 (Register 92, No. 26). A Certificate of Compliance must be transmitted to OAL 10-21-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 11-24-92 as an emergency; operative 11-24-92 (Register 92, No. 48). A Certificate of Compliance must be transmitted to OAL 3-24-92 or emergency language will be repealed by operation of law on the following day.
3. New section, including amendments to subsections (a) and (b), refiled 3-26-93 as an emergency; operative 3-26-93 (Register 93, No. 13). A Certificate of Compliance must be transmitted to OAL 7-26-93 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-26-93 order including amendment of section heading and text transmitted to OAL 7-23-93 and filed 9-1-93 (Register 93, No. 36).
5. Amendment filed 10-19-2005; operative 11-18-2005 (Register 2005, No. 42).
Note • History
Operational grants applicants must be demonstrate:
(a) That the students and families they intend to serve have exceptional health, social, education, and/or economic needs, as described in Education Code section 8801;
(b) That the applicant understands these needs and available resources;
(c) That the goals for students and families in the applicable community are clearly stated;
(d) That specific client-centered outcomes are identified that the applicant seeks to achieve;
(e) That the proposed programs will emphasize the provision of services which are prevention-oriented;
(f) Evidence that the applicant represents a local agency collaboration which will be functioning on behalf of children, youth, and their families, and that those participating in the local agency collaboration support the application;
(g) Evidence that the participants in the local agency collaboration offer a comprehensive plan for the activities that participating agencies will undertake; and
(h) That the applicant has maximized the use of existing financial and programmatic resources to implement fundamental changes to improve access to services and achieve the desired goals and client-centered outcomes.
(i) That the applicant shall comply with all state and federal laws pertaining to confidentiality of student records and privacy, including, but not limited to FERPA (Family Educational Right to Privacy Act, 20 U.S.C. 1232g) and PPRA (Protection of Pupil Rights Act, 20 U.S.C. 1232h), as well as state and federal laws pertaining to the confidentiality of medical records, including but not limited to, HIPAA (Health Insurance Portability and Accountability Act, 42 U.S.C. 1320d, et seq.).
NOTE
Authority cited: Sections 8804(b) and (i), Education Code. Reference: Sections 8801, 8804 and 8806, Education Code.
HISTORY
1. New section filed 6-23-92 as an emergency; operative 6-23-92 (Register 92, No. 26). A Certificate of Compliance must be transmitted to OAL 10-21-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 11-24-92 as an emergency; operative 11-24-92 (Register 92, No. 48). A Certificate of Compliance must be transmitted to OAL 3-24-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-26-93 as an emergency; operative 3-26-93 (Register 93, No. 13). A Certificate of Compliance must be transmitted to OAL 7-26-93 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-26-93 order including amendment of section heading, text and Note transmitted to OAL 7-23-93 and filed 9-1-93 (Register 93, No. 36).
5. New subsection (i) filed 10-19-2005; operative 11-18-2005 (Register 2005, No. 42).
Note • History
Planning grant applicants must outline a plan which identifies the steps required for the applicant to achieve all of the elements of Section 11905.
NOTE
Authority cited: Sections 8804(b) and (i), Education Code. Reference: Sections 8804 and 8806, Education Code.
HISTORY
1. New section filed 6-23-92 as an emergency; operative 6-23-92 (Register 92, No. 26). A Certificate of Compliance must be transmitted to OAL 10-21-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 11-24-92 as an emergency; operative 11-24-92 (Register 92, No. 48). A Certificate of Compliance must be transmitted to OAL 3-24-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-26-93 as an emergency; operative 3-26-93 (Register 93, No. 13). A Certificate of Compliance must be transmitted to OAL 7-26-93 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-26-93 order including renumbering of former section 11910 to section 11925 and adoption of new section transmitted to OAL 7-23-93 and filed 9-1-93 (Register 93, No. 36).
§11915. Review of Applications for Operational and Planning Grants.
Note • History
(a) Only those applications which are complete in their entirety (collaborative approval, Healthy Start Support Services budget, and application narrative) will be considered for funding.
(b) Submission deadline dates must be strictly adhered to and shall be those specified in the Request for Applications.
(c) The application narrative may not exceed 25 pages for operational grant applications; 12 pages for planning grant applications.
(d) An application narrative that meets the following format specifications will be considered in its entirety:
(1) The pages are single-sided, 8-1/2 inches by 11 inches.
(2) The top, bottom, left, and right margins are 1 inch minimum.
(3) The font is 12 point and does not exceed 6 lines per inch.
(e) Attachments to the narrative may include documents that support the narrative, not to exceed 10 pages. Attachments that are simply a continuation of the narrative will not be considered. Attachments may include but are not limited to student profile data (e.g., test scores, attendance, mobility, discipline, ethnicity, immunization status at the time of enrollment, etc.) and letters of support from parents. Memoranda of understanding that document the specific commitments from the local agency collaboration members may be attached to the application narrative and are excluded from the 10-page attachment limitation.
(f) Each complete and timely application will be reviewed and assessed according to the criteria in subdivisions (g) and (h) below.
(g) Operational grant applications will be evaluated for the degree to which the application:
(1) Demonstrates an understanding of Healthy Start (Education Code section 8800 et seq.) objectives by addressing each of the elements cited in section 11905 in a clear and logical manner using appropriate supportive data;
(2) Demonstrates an understanding of student and/or family needs by describing underlying conditions and causes based on appropriate data sources including but not limited to students, families, and local public and private agencies that provide services;
(3) Assesses the strengths and limitations of existing community services and utilities, redirects, restructures, or integrates local agency and community resources.
(4) Actively addresses local needs including any unique cultural needs;
(5) Delineates fiscal and governance responsibilities of collaborative members;
(6) Describes achievable and client-centered outcomes;
(7) Demonstrates that there will be a specific mechanism in place to refer students and families in need of assistance and to ensure that the supports are available for the individual students and families to access the needed services;
(8) Establishes a procedure for ongoing feedback regarding client-centered outcomes and local agency collaboration outcomes to clients and local agency collaboration participants;
(9) Establishes comprehensive, integrated school-linked services; and
(10) Establishes or tests innovative or new forms of service delivery and collaboration, including but not limited to, amount and sources of required funding, redirection or restructuring of staffing and funding, priorities for whom to serve, and agencies responsible for providing services.
(h) Planning grant applications will be evaluated for the degree to which the application demonstrates:
(1) An understanding of Healthy Start (Education Code section 8800 et seq.) objectives by addressing each of the elements cited in section 11910 in a clear and logical manner using appropriate supportive data;
(2) A plan for building a collaborative comprehensive, integrated school-linked services delivery system which will include ongoing participation of parents, teachers, community groups, and service providers;
(3) Specific planning activities for soliciting input from ethnic and linguistic groups in the community;
(4) A plan for reaching the specified goals based on a preliminary understanding of current student, facility, and community conditions, needed improvements, and steps to accomplish client-centered outcomes; and
(5) Evidence of efforts to include broad community support and a range of available resources.
NOTE
Authority cited: Sections 8804(b) and (i), Education Code. Reference: Sections 8804 and 8806, Education Code.
HISTORY
1. Certificate of Compliance as to 3-26-93 order including adoption of new section transmitted to OAL 7-23-93 and filed 9-1-93 (Register 93, No. 36).
2. Amendment of subsections (d)(3), (f), (g)(1) and (g)(7) filed 10-19-2005; operative 11-18-2005 (Register 2005, No. 42).
Note • History
(a) All applications will be ranked in accordance with their assessed score.
(b) Grant awards will be awarded on the basis of an applicant's rank and any other factors established by Education Code section 8804.
(c) If an LEA has been funded for an operational grant on behalf of an identified school, the LEA is not eligible for a subsequent operational grant for the same school.
NOTE
Authority cited: Sections 8804(b) and (i), Education Code. Reference: Sections 8804 and 8806, Education Code.
HISTORY
1. Certificate of Compliance as to 3-26-93 order including adoption of new section transmitted to OAL 7-23-93 and filed 9-1-93 (Register 93, No. 36).
2. New subsection (c) filed 10-19-2005; operative 11-18-2005 (Register 2005, No. 42).
Note • History
(a) An applicant must submit a budget and a budget narrative supporting the amount of funding requested and documenting the required match.
(b) In general, purposes for which Healthy Start funds may be used include, but are not limited to:
(1) Staff salaries.
(2) Contracting for professional consultants or service providers to design programs or provide technical assistance.
(3) Training and cross-training.
(c) Operational grants: No more than 50 percent of operational grant monies may be used to purchase direct services. Funds may be used for, but are not limited to, the following:
(1) Contracting with public and private agencies for delivery of services.
(2) Purchasing equipment dedicated to Healthy Start use, including computer equipment, necessary for program management and data collection and evaluation, not to exceed 10 percent of the total annual operating budget.
(3) Facilities rental, lease, or purchase costs, not to exceed 15 percent of the total annual operating budget, for space that is dedicated to Healthy Start use.
(4) Start-up funds may be used for, but are not limited to, the following costs:
(A) Facility renovations, not to exceed $50,000.
(B) Equipment purchase.
(C) Hiring staff.
(D) Contracting for professional consultants or service providers to design programs, or provide technical assistance.
(d) Planning grants: Planning grant monies may be used to purchase equipment required to implement the planning process and dedicated to Healthy Start use, not to exceed 10 percent of the total planning grant. Planning grant monies may not be used for capital expenditures or facility rental or lease.
(e) Healthy Start funds may not be used for expenses related to out-of-state travel.
(f) State and/or federal categorical funds may not be used toward meeting the in-kind match requirement specified in Education Code section 8804(c).
NOTE
Authority cited: Sections 8804(b) and (i), Education Code. Reference: Sections 8804 and 8806, Education Code.
HISTORY
1. Certificate of Compliance as to 3-26-93 order including renumbering and amendment of former section 11910 to section 11925 transmitted to OAL 7-23-93 and filed 9-1-93 (Register 93, No. 36).
§11930. Grant Award Appeal Process.
Note • History
(a) Applicants who wish to appeal the grant award decision regarding the application must submit a letter of appeal to the State Superintendent of Public Instruction or designee.
(b) The letter of appeal must:
(1) Be received by the date specified in the Request for Applications;
(2) Describe the factors which caused the applicant to conclude that the readers did not follow the prescribed rating standards and explain why the score is in conflict with the rating standards described in section 11915 or the grant award process described in section 11920; and
(3) Identify specific information in the application that the applicant believes was overlooked or misinterpreted.
(c) The application will be reevaluated by California Department of Education staff or designees. The final decision on any recommendations to revise the original score of an application and/or fund the application will be made in writing by the State Superintendent of Public Instruction, or designee. In the event that the state budget has not been approved for the next fiscal year, notification may be postponed until after state budget approval.
NOTE
Authority cited: Sections 8804(b) and (i), Education Code. Reference: Sections 8804 and 8806, Education Code.
HISTORY
1. Certificate of Compliance as to 3-26-93 order including adoption of new section transmitted to OAL 7-23-93 and filed 9-1-93 (Register 93, No. 36).
2. Amendment filed 10-19-2005; operative 11-18-2005 (Register 2005, No. 42).
§11935. Waivers to Program Regulations. [Repealed]
Note • History
NOTE
Authority cited: Sections 8804(b) and (i), Education Code. Reference: Sections 8804, Education Code.
HISTORY
1. Certificate of Compliance as to 3-26-93 order including adoption of new section transmitted to OAL 7-23-93 and filed 9-1-93 (Register 93, No. 36).
2. Repealer filed 10-19-2005; operative 11-18-2005 (Register 2005, No. 42).
Subchapter 19. Charter Schools
Article 1. Charter School Regular Average Daily Attendance
§11960. Regular Average Daily Attendance for Charter Schools.
Note • History
(a) As used in Education Code section 47612, “attendance” means the attendance of charter school pupils while engaged in educational activities required of them by their charter schools, on days when school is actually taught in their charter schools. “Regular average daily attendance” shall be computed by dividing a charter school's total number of pupil-days of attendance by the number of calendar days on which school was actually taught in the charter school. For purposes of determining a charter school's total number of pupil-days of attendance, no pupil may generate more than one day of attendance in a calendar day.
(b) The State Superintendent of Public Instruction shall proportionately reduce the amount of funding that would otherwise have been apportioned to a charter school on the basis of average daily attendance for a fiscal year, if school was actually taught in the charter school on fewer than 175 calendar days during that fiscal year.
(c)(1) Beginning in 2004-05, a pupil who is over the age of 19 years may generate attendance for apportionment purposes in a charter school only if both of the following conditions are met:
(A) The pupil was enrolled in a public school in pursuit of a high school diploma (or, if a student in special education, an individualized education program (IEP)) while 19 years of age and, without a break in public school enrollment since that time, is enrolled in the charter school and is making satisfactory progress towards award of a high school diploma (or, if a student in special education, satisfactory progress in keeping with an IEP) consistent with the definition of satisfactory progress set forth in subdivision (h) of section 11965.
(B) The pupil is not over the age of 22 years.
(2) This subdivision shall not apply to a charter school program specified in Education Code section 47612.1. A charter school program as specified in Education Code section 47612.1 may be either:
(A) the whole of a charter school, if the school has an exclusive partnership agreement with one or more of the programs specified in Education Code section 47612.1 and serves no other pupils; or
(B) an instructional program operated by a charter school that is exclusively dedicated to pupils who are also participating in one of the programs specified in Education Code section 47612.1, provided that arrangement is set forth in an exclusive partnership agreement between the charter school and one or more of the programs specified in Education Code section 47612.1.
(d) No individual who is ineligible to generate attendance for apportionment purposes in a charter school pursuant to subdivision (c) may be claimed as regular attendance for apportionment purposes by a local education agency that is authorized by law to grant charters. This subdivision shall not apply to claims other than claims for regular attendance for apportionment purposes.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 41420, 46301 and 47612, Education Code.
HISTORY
1. New subchapter 19 and section filed 9-7-93 as an emergency; operative 9-7-93 (Register 93, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-10-94 or emergency language will be repealed by operation of law on the following day.
2. New subchapter 19 and section refiled 12-23-93 as an emergency; operative 1-6-94 (Register 93, No. 52). A Certificate of Compliance must be transmitted to OAL by 5-6-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-23-94 order transmitted with amendments to OAL 5-4-94 and filed 6-15-94 (Register 94, No. 24).
4. Amendment of section heading and subsection (a), repealer of subsection (c) and amendment of Note filed 7-1-98 as an emergency; operative 7-1-98 (Register 98, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-29-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-1-98 order transmitted to OAL 10-13-98 and filed 11-13-98 (Register 98, No. 46).
6. New subsections (c)(1)-(d) filed 2-10-2004; operative 3-11-2004 (Register 2004, No. 7).
7. Amendment of subsection (c)(1)(A) filed 11-16-2011; operative 12-16-2011 (Register 2011, No. 46).
Article 1.2. Closure Procedures
§11962. Definition of Procedures for School Closure.
Note • History
As used in Education Code sections 47605(b)(5)(P) and 47605.6(b)(5)(Q), “procedures” means, at a minimum, each of the following:
(a) Designation of a responsible entity to conduct closure-related activities.
(b) Notification of the closure of the charter school to parents (guardians) of pupils, the authorizing entity, the county office of education (unless the county board of education is the authorization entity), the special education local plan area in which the school participates, the retirement systems in which the school's employees participate (e.g., Public Employees' Retirement System, State Teachers' Retirement System, and federal social security), and the California Department of Education, providing at least the following:
(1) The effective date of the closure;
(2) The name(s) of and contact information for the person(s) to whom reasonable inquiries may be made regarding the closure;
(3) The pupils' school districts of residence; and
(4) The manner in which parents (guardians) may obtain copies of pupil records, including specific information on completed courses and credits that meet graduation requirements.
(c) Provision of a list of pupils in each grade level and the classes they have completed, together with information on the pupils' district of residence, to the responsible entity designated in subdivision (a).
(d) Transfer and maintenance of all pupil records, all state assessment results, and any special education records to the custody of the responsible entity designated in subdivision (a), except for records and/or assessment results that the charter may require to be transferred to a different entity.
(e) Transfer and maintenance of personnel records in accordance with applicable law.
(f) Completion of an independent final audit within six months after the closure of the school that may function as the annual audit, and that includes at least the following:
(1) An accounting of all financial assets, including cash and accounts receivable and an inventory of property, equipment, and other items of material value.
(2) An accounting of the liabilities, including accounts payable and any reduction in apportionments as a result of audit findings or other investigations, loans, and unpaid staff compensation.
(3) An assessment of the disposition of any restricted funds received by or due to the charter school.
(g) Disposal of any net assets remaining after all liabilities of the charter school have been paid or otherwise addressed, including but not limited to, the following:
(1) The return of any grant funds and restricted categorical funds to their source in accordance with the terms of the grant or state and federal law, as appropriate, which may include submission of final expenditure reports for entitlement grants and the filing of any required Final Expenditure Reports and Final Performance Reports.
(2) The return of any donated materials and property in accordance with any conditions established when the donation of such materials or property was accepted.
(h) Completion and filing of any annual reports required pursuant to Education Code section 47604.33.
(i) Identification of funding for the activities identified in subdivisions (a) through (h).
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 47607, Education Code.
HISTORY
1. New article 1.2 (sections 11962-11962.1) and section filed 4-9-2007; operative 5-9-2007 (Register 2007, No. 15).
§11962.1. Definitions Related to the Duties of a Chartering Authority.
Note • History
(a) “Notification” as used in Education Code section 47604.32(e) means the transmission to the California Department of Education of at least the following:
(1) A description of the circumstances of the closure;
(2) The effective date of the closure; and
(3) The location of pupil records and personnel records.
(b) “Personnel records” as used in subdivision (a) means any records the charter school has relevant to its employees, including, but not limited to, records related to performance and grievance as specified in Labor Code section 1198.5.
(c) “Pupil records” as used in subdivision (a) has the same meaning as per Education Code section 49061(b).
(d) “Timely” as used in Education Code section 47604.32(e) means receipt of the evidence transmitted pursuant to subdivision (a) within ten calendar days of the official action taken by the chartering authority.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 47604.32, Education Code.
HISTORY
1. New section filed 4-9-2007; operative 5-9-2007 (Register 2007, No. 15).
Article 1.5. Classroom- and Nonclassroom-Based Instruction in Charter Schools
§11963. Definition of Classroom-Based Instruction.
Note • History
(a) In accordance with the definition of classroom-based instruction specified in Education Code section 47612.5(e)(1), and for purposes of identifying and reporting that portion of a charter school's average daily attendance that is generated through nonclassroom-based instruction pursuant to Education Code sections 47634.2(c) and 47612.5(e)(2), classroom-based instruction in a charter school occurs only when all four of the following conditions are met.
(1) The charter school's pupils are engaged in educational activities required of those pupils, and the pupils are under the immediate supervision and control of an employee of the charter school who is authorized to provide instruction to the pupils within the meaning of Education Code section 47605(l).
(2) At least 80 percent of the instructional time offered at the charter school is at the schoolsite.
(3) The charter school's schoolsite is a facility that is used principally for classroom instruction.
(4) The charter school requires its pupils to be in attendance at the schoolsite at least 80 percent of the minimum instructional time required pursuant to Education Code section 47612.5(a)(1).
(b) The requirement to be “at the schoolsite” is satisfied if either of the following conditions is met.
(1) The facility in which the pupils receive instruction is:
(A) Owned, rented, or leased by the charter school principally for classroom instruction;
(B) Provided to the charter school by a school district pursuant to Education Code section 47614 principally for classroom instruction; or
(C) Provided to the charter school free-of-charge principally for classroom instruction pursuant to a written agreement.
When not being used by the charter school for classroom instruction, the facility may be rented, leased, or allowed to be used for other purposes (e.g., for evening adult classes not offered by the charter school, local theater productions, or community meetings) and still be deemed to be principally for classroom instruction.
(2) The charter school facility meets the criteria in paragraph (1) of subdivision (b) and the pupils are on a field trip during which the pupils remain under the immediate supervision and control of the employee of the charter school and are carrying out an educational activity required of the pupils.
(c) The requirement to be “at the schoolsite” is not satisfied if the pupils are in a personal residence (i.e., a dwelling), even if space in the residence is set aside and dedicated to instructional purposes and/or the charter school rents or leases space in the residence for the provision of instruction. As used in this subdivision, a personal residence shall not include a facility that is licensed by a state or local government agency to operate as a facility in which pupils not related to the facility's owners are provided custodial care and supervision (e.g., a licensed children's institution or a boarding school).
(d) The definitions in this section are solely for the purpose of determining if a charter school must submit a determination of funding request pursuant to Education Code section 47634.2.
NOTE
Authority cited: Sections 33031, 47612.5 and 47634.2, Education Code. Reference: Sections 47605, 47612.5 and 47634.2, Education Code.
HISTORY
1. New article 1.5 (sections 11963-11963.6) and section filed 10-28-2003; operative 10-28-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 44). For prior history of article 1.5, sections 11963-11963.4, see Register 2002, No. 42.
§11963.1. Nonclassroom-Based Instruction in Charter Schools.
Note • History
This article does not change the requirement that nonclassroom-based instruction in charter schools comply with the provisions of Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of the Education Code.
NOTE
Authority cited: Sections 33031 and 47612.5, Education Code. Reference: Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28; and Section 47612.5, Education Code.
HISTORY
1. New section filed 10-28-2003; operative 10-28-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 44).
§11963.2. Average Daily Attendance for Nonclassroom-Based Instruction in Charter Schools.
Note • History
(a) A charter school may receive funding for nonclassroom-based instruction only if a determination of funding is made pursuant to Education Code section 47634.2. A determination of funding is a specific percentage approved by the State Board of Education for each affected charter school by which the charter school's reported nonclassroom-based average daily attendance must be adjusted by the Superintendent of Public Instruction prior to the apportioning of funds based upon that average daily attendance. A determination of funding shall only be approved by the State Board for a charter school if the charter school has submitted a request.
(b) A determination of funding request approved by the State Board of Education shall be 70 percent, unless a greater or lesser percentage is determined appropriate by the State Board of Education in accordance with section 11963.4. In no case shall an approved determination of funding exceed 100 percent.
NOTE
Authority cited: Sections 33031 and 47634.2, Education Code. Reference: Sections 47612.5, 47634.2 and 51745.6, Education Code.
HISTORY
1. New section filed 10-28-2003; operative 10-28-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 44).
2. Amendment of section and Note filed 12-6-2005; operative 12-6-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 49).
§11963.3. Determination of Funding Request Forms and Calculations.
Note • History
(a) For purposes of submitting a determination of funding request, the California Department of Education shall issue a form or set of forms to collect the information specified in this subdivision. Unless otherwise indicated, charter schools submitting a determination of funding request shall complete the form or forms in accordance with the definitions used in the 2005 edition of the California School Accounting Manual (which can be obtained from the California Department of Education web site at: http://www.cde.ca.gov/fg/ac/sa). The form or forms shall be developed by the California Department of Education in consultation with the Advisory Commission on Charter Schools. The form or forms shall include all of the following and, to the extent the form or forms include more than the following, the form or forms shall require the approval of the State Board of Education and comply with applicable provisions of the Administrative Procedure Act.
(1) The name, charter number, authorizing entity, address, contact name and title, telephone number, fax number, and email address, if any, for the charter school.
(2) The percentage requested by the school as its determination of funding.
(3) The number of fiscal years for which the determination of funding is requested, which shall not exceed five years.
(4) The date the charter was initially granted and the date the charter or charter renewal will expire.
(5) For charter schools that operated in the prior fiscal year, all of the following:
(A) The school's total resources, including all federal revenue, with federal Public Charter School Grant Program start-up, implementation, and dissemination grants separately identified; all state revenue; all local revenue with in-lieu property taxes separately identified; other financing sources; and the ending balance from the prior fiscal year.
(B) The school's total expenditures for instruction and related services, by object of expenditure, which shall include all of the following:
1. Activities dealing with the interaction between teaching staff and students, without regard to the instructional location or medium.
2. Services that provide administrative, technical, and logistical support to facilitate and enhance instruction.
3. Services in direct support of students.
4. School-sponsored extra-curricular or co-curricular activities designed to provide motivation and enjoyment and improvement of skills.
5. Instructional materials, supplies, and equipment.
(C) The school's total expenditures for schoolsite and administrative site operations and facilities, by object of expenditure, which shall include all of the following:
1. Activities concerned with securing and keeping open and working the physical plants, grounds, and equipment necessary for the operation of the school.
2. Facility rents, leases, and utilities.
3. Facilities acquisition and construction.
(D) The school's total expenditures for administration and all other activities, by object of expenditure, which shall include all of the following:
1. Activities concerned with establishing and administering policy for operating the entire charter school, such as the governing board, director, and administrative staff.
2. Other general administration activities, such as payroll and accounting services, auditing and legal services, property and liability insurance, personnel, charter-wide telephone service, and data processing services.
3. Supervisorial oversight fees charged by the chartering authority.
4. Other expenditures not reported elsewhere, such as those for community services and enterprise activities and cumulative administrative overhead from related party transactions.
(E) Other outgo and other uses, including debt service payments and transfers.
(F) The excess (or deficiency) of revenues over expenditures calculated by subtracting the total of subparagraphs (B), (C), (D), and (E), from the total resources reported pursuant to subparagraph (A), and a list of the amount of reserves for: facilities acquisition or construction, economic uncertainties, the amount required by the charter-authorizing entity, or other reserves. Reserves in excess of the greater of fifty-thousand dollars or five percent of total expenditures may be allowed for economic uncertainties or long-term expenditures such as capital projects if the excess reserves are satisfactorily explained pursuant to section 11963.4(b).
(6) For charter schools that did not operate in the prior fiscal year, the revenue and expenditure information required in paragraph (5) shall be provided using reasonable estimates of current-year annualized revenues and expenditures.
(b) In addition to the form or forms prescribed pursuant to subdivision (a), a complete determination of funding request shall also include the following information. Only a determination of funding request that is complete may be acted upon by the State Board of Education.
(1) A certification signed by the charter school's director, principal, or governing board chairperson of the following:
(A) That the information provided is true and correct to the best of the ability and knowledge of the individual authorized to do so by the charter school's governing board.
(B) That the charter school's nonclassroom-based instruction is conducted for and substantially dedicated to the instructional benefit of the school's students.
(C) That the governing board of the charter school has adopted and implements conflict of interest policies.
(D) That all of the charter school's transactions, contracts, and agreements are in the best interest of the school and reflect a reasonable market rate for all goods, services, and considerations rendered for or supplied to the school.
(2) The charter school's pupil-teacher ratio as calculated pursuant to title 5, section 11704 of the California Code of Regulations.
(3) A listing of entities that received in the previous fiscal year (or will receive in the current fiscal year) $50,000 or more or 10 percent or more of the charter school's total expenditures identified pursuant to subparagraphs (B), (C), (D), and (E) of paragraph (5) of subdivision (a), the amount received by each entity; whether each of the contract payments is based on specific services rendered or upon an amount per unit of average daily attendance or some other percentage; and an identification of which entities, if any, have contract payments based on a per unit average daily attendance amount or some other percentage.
(4) An identification of the members comprising the charter school's governing board (i.e., parent, teacher, etc.) and a description of how those members were selected; whether the governing board has adopted and implemented conflict of interest policies and procedures; and whether any of the governing board members are affiliated in any way with any of the entities reported pursuant to paragraph (3) and if so, how.
(5) An explanation of all transfers reported pursuant to subparagraph (E) of paragraph (5) of subdivision (a).
(6) A list and the amount of each of the other reserves reported pursuant to subparagraph (F) of paragraph (5) of subdivision (a).
(7) To the extent that a charter school desires to have facility costs considered as an instructional cost, the total annual facility-related and operational cost, total facility square footage occupied by the charter school, total classroom-based average daily attendance (if applicable) as reported at the prior-year second principal apportionment, and the total student hours attended by nonclassroom-based pupils at the school site shall be provided.
(8) The number of full-time equivalent employees who possess a valid teaching certificate, permit, or other document equivalent to that which a teacher in other public schools would be required to hold issued by the Commission on Teacher Credentialing and who work in the charter school in a position required to provide direct instruction or direct instructional support to students. For purposes of these regulations, “direct instructional support” includes, but is not limited to, activities that are directly related to student instruction that are performed by qualified certificated persons such as curriculum coordinators, individualized education plan coordinators, librarians, counselors, psychologists, and nurses.
(c) The California Department of Education shall perform the following using the resource and expenditure data provided pursuant to subdivision (a).
(1) A calculation showing the charter school's total expenditures for salaries and benefits for all employees who possess a valid teaching certificate, permit, or other document equivalent to that which a teacher in other public schools would be required to hold issued by the Commission on Teacher Credentialing (and who work in the charter school in a position required to provide direct instruction or direct instructional support to students) as a percentage of the school's total public revenues. For the purposes of this subdivision:
(A) “Employees” shall include special education teachers who possess a valid teaching certificate, permit, or other document equivalent to that which special education teachers in non-charter public schools would be required to hold issued by the Commission on Teacher Credentialing, and who provide direct instruction or direct instructional support to pupils of the charter school pursuant to a contract with a public or private entity.
(B) “Employees” shall include individuals who possess a valid certificate, permit, or other document equivalent to that which the individuals would be required to possess in a non-charter public school, issued by the Commission on Teacher Credentialing, and who are employed by a local education agency (LEA), provided all of the following conditions are met: the LEA is the employer of all the charter school's staff; the governing board of the LEA is the governing authority for the charter school (i.e., the charter school is not a corporate entity separate from the LEA); and the LEA's employees are assigned exclusively to work at the charter school providing direct instruction or direct instructional support to students or, to the extent that the LEA's employees are assigned to work at the charter school on a part-time basis, the charter school pays for the services rendered by the employee providing direct instruction or direct instructional support to students on a documented, fee-for-service basis and not, for example, on the basis of a fixed annual amount, fixed percentage of average daily attendance revenue, or other basis that is not related to documented services actually rendered to the charter school. Under no circumstances shall certificated employees of an LEA be considered employees of a charter school for purposes of this subparagraph unless the charter school pays for the services rendered by the LEA's employees on a documented, fee-for-service basis.
(C) For purposes of this section, “employee” also means qualified persons that provide direct instruction or direct instructional support, that are hired directly by the charter school through an employment services contract based on a documented, fee-for-service basis.
(D) The school's total public revenue is based on the amounts reported pursuant to subparagraph (A) of paragraph (5) of subdivision (a) and equals the sum of: all federal revenue, less any Public Charter School Grant Program start-up, implementation, and dissemination grant funds; state revenue; and local revenue from in-lieu property taxes.
(2) A calculation showing the charter school's total expenditures on instruction and related services as a percentage of the school's total revenues. For the purposes of this subdivision, the school's total revenues do not include the ending balance from the prior fiscal year.
NOTE
Authority cited: Sections 33031 and 47634.2, Education Code. Reference: Sections 47612.5, 47634.2 and 51745.6, Education Code.
HISTORY
1. New section filed 10-28-2003; operative 10-28-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 44).
2. Amendment of section and Note filed 12-6-2005; operative 12-6-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 49).
§11963.4. Evaluation of Determination of Funding Requests Regarding Nonclassroom-Based Instruction.
Note • History
(a) When a complete determination of funding request is received from a charter school, it shall be reviewed by the California Department of Education and presented to the Advisory Commission on Charter Schools, along with credible information pertaining to the request obtained from any other source. The Advisory Commission shall develop a recommendation pursuant to this section to the State Board of Education regarding the request, and that recommendation shall be presented to the State Board of Education by the California Department of Education. The following criteria shall guide the process of reviewing and developing a recommendation on the request. The California Department of Education shall report any difference of opinion between the California Department of Education and the Advisory Commission as to the recommendation presented to the State Board of Education.
(1) If the percentage calculated pursuant to paragraph (1) of subdivision (c) of section 11963.3 equals at least 35 percent but less than 40 percent, and the percentage calculated pursuant to paragraph (2) of subdivision (c) of section 11963.3 equals at least 60 percent but less than 70 percent, the Advisory Commission on Charter Schools shall recommend to the State Board of Education approval of the request at 70 percent, unless there is a reasonable basis to recommend otherwise. If the recommended percentage is lower than the requested percentage, the recommendation to the State Board shall include the reasons justifying the reduction and, if appropriate, describe how any deficiencies or problems may be addressed by the charter school.
(2) If the percentage calculated pursuant to paragraph (1) of subdivision (c) of section 11963.3 equals or exceeds 40 percent, and the percentage calculated pursuant to paragraph (2) of subdivision (c) of section 11963.3 equals at least 70 percent but less than 80 percent, the Advisory Commission on Charter Schools shall recommend to the State Board of Education approval of the request at 85 percent, unless there is a reasonable basis to recommend otherwise. The recommendation to the State Board shall include the reasons justifying a percentage that is greater than 70 percent and, if the recommended percentage is lower than the requested percentage, the reasons justifying the reduction and, if appropriate, describe how any deficiencies or problems may be addressed by the charter school.
(3) If the percentage calculated pursuant to paragraph (1) of subdivision (c) of section 11963.3 equals or exceeds 40 percent, the percentage calculated pursuant to paragraph (2) of subdivision (c) of section 11963.3 equals or exceeds 80 percent, and the ratio of average daily attendance for independent study pupils to full-time certificated employees responsible for independent study does not exceed a pupil-teacher ratio of 25:1 or the equivalent ratio of pupils to full-time certificated employees for all other educational programs operated by the largest unified school district, as measured by average daily attendance, in the county or counties in which the charter school operates, the Advisory Commission on Charter Schools shall recommend to the State Board of Education approval of the request at 100 percent (i.e. full funding), unless there is a reasonable basis to recommend otherwise. If the recommended percentage is lower than the requested percentage, the recommendation to the State Board shall include the reasons justifying the reduction and, if appropriate, describe how any deficiencies or problems may be addressed by the charter school.
(4) If the percentage calculated pursuant to paragraph (1) of subdivision (c) of section 11963.3 is less than 35 percent, or the percentage calculated pursuant to paragraph (2) of subdivision (c) of section 11963.3 is less than 60 percent, then the charter school's nonclassroom-based instruction is not substantially dedicated to the instructional benefit of the students, and the Advisory Commission on Charter Schools shall recommend that the State Board of Education deny the request, unless there is a reasonable basis to recommend otherwise. The recommendation to the State Board shall include the reasons justifying the denial and, if appropriate, describe how any deficiencies or problems may be addressed by the charter school. Denial of a determination of funding request by the State Board of Education shall result in no funding being apportioned for average daily attendance identified by the charter school as being generated through nonclassroom-based instruction pursuant to Education Code section 47634.2(c).
(5) Any request for a funding determination received prior to the effective date of these regulations will be reviewed pursuant to the criteria in effect at the time of submittal.
(b) The Advisory Commission on Charter Schools and/or the California Department of Education may ask the charter school to provide additional information in order to make possible a more detailed review or to develop a reasonable basis for a recommendation other than those prescribed in subdivision (a). With the consent of the Superintendent of Public Instruction, the request for additional information shall be considered a reasonable inquiry to which the charter school must respond pursuant to Education Code section 47604.3.
(c) Any multi-year funding determination approved by the State Board of Education may be modified by the State Board of Education, in terms of both the multi-year approval and the percentage of funding authorized, if any information that may change the conclusion to approve the original multi-year funding determination is found.
(d) Prior to a recommendation by the Advisory Commission on Charter Schools (that a determination of funding request be denied or approved at a percentage lower than that requested) being forwarded to the State Board of Education, the affected charter school shall be given thirty (30) calendar days in which to amend its determination of funding request and/or to provide additional information in support of the request. Based upon consideration of the amended request or any additional information that may be provided, the Advisory Commission may modify its recommendation to the State Board.
(e) A reasonable basis for the Advisory Commission on Charter Schools to make a recommendation other than one that results from the criteria specified in subdivision (a) may include, but not be limited to, the following: the information provided by the charter school pursuant to paragraphs (2) through (8), inclusive, of subdivision (b) of section 11963.3, documented data regarding individual circumstances of the charter school (e.g., one-time or unique or exceptional expenses for facilities, acquisition of a school bus, acquisition and installation of computer hardware not related to the instructional program, special education charges levied on the charter school by a local educational agency, restricted state, federal, or private grants of funds awarded to the charter school that cannot be expended for teacher salaries, or contracted instructional services other than those for special education), the size of the charter school, and how many years the charter school has been in operation. The Advisory Commission on Charter Schools shall give charter schools with less than a total of one hundred (100) units of prior year second period average daily attendance or that are in their first year of operation serious consideration of full funding.
NOTE
Authority cited: Sections 33031 and 47634.2, Education Code. Reference: Sections 47604.3, 47612.5 and 47634.2, Education Code.
HISTORY
1. New section filed 10-28-2003; operative 10-28-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 44).
2. Amendment of section and Note filed 12-6-2005; operative 12-6-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 49).
§11963.5. Determination of Funding Requests for Nonclassroom-Based Virtual or On-Line Charter Schools.
Note • History
A virtual or on-line charter school is one in which at least 80 percent of teaching and student interaction occurs via the Internet.
(a) A virtual or on-line nonclassroom-based charter school may receive approval of a funding determination with no maximum pupil-teacher ratio if the charter school has and maintains an 8 or above Academic Performance Index (API) rank in either its statewide or similar schools ranking and has no less than a 6 in the other of these two rankings.
(b) In order to be funded pursuant to (a) above, a virtual or on-line charter school, must demonstrate that:
(1) The school has met its overall and subgroup API growth targets.
(2) Instructional expenditures are at least 85 percent of the overall school budget. A substantial portion of these expenditures (at least 25 percent of the charter school's general purpose entitlement and categorical block grant as defined in Education Code section 47632), are spent on technology that directly benefits students and teachers and results in improved student achievement.
(3) Computer-based instruction and assessment is provided to each student and includes the use of an on-line instructional management program, which at a minimum includes standards-based guided lessons, lesson plans, initial testing of students, periodic assessment of student achievement, and the use of other measurements of student progress over a period of time.
(4) Teachers are provided with technology tools and print media, which at a minimum must include: standards-aligned instructional materials, computer, printer, monitor, Internet service, telephone, staff development that provides for the monitoring of student progress, and a means of electronic communication for frequent student contact.
(5) All students are provided an individualized learning plan that is based on initial testing of the students and that is monitored either remotely or in person, by the teacher to evaluate student progress.
(6) All students are provided access to a computer, Internet service, printer, monitor, and standards-aligned materials based on State Board adopted academic content standards for each grade level and for each subject studied.
(7) All students eligible for special education supports and services receive those supports and services in accordance with their individualized education program.
(8) Charter school admission practices will not favor high performing students or recruit a student population that is of a higher socioeconomic group or lower racial or ethnic representation than the general population of the county or counties served. Admission practices not reflective of the county or counties served shall be cause for denial by the State Board of Education under this section.
NOTE
Authority cited: Sections 33031 and 47634.2, Education Code. Reference: Sections 47604.3, 47612.5, 47632, 47634.2, 51747.3, 52052 and 60640-60643, Education Code.
HISTORY
1. New section filed 10-28-2003; operative 10-28-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 44).
2. Renumbering of former section 11963.5 to section 11963.6 and new section 11963.5 filed 12-6-2005; operative 12-6-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 49).
§11963.6. Submission and Action on Determination of Funding Requests Regarding Nonclassroom-Based Instruction.
Note • History
(a) An approved determination of funding for a new charter school in its first year of operation shall be submitted by December 1 and shall be for two fiscal years. Within 90 days after the end of its first fiscal year of operation, a charter school shall submit unaudited actual expense reports and a funding determination form based on the school's actual second-year budget. If the Advisory Commission on Charter Schools determines that the actual expenditures of the charter school or the second year funding determination form do not support the funding determination for the second year, the Advisory Commission on Charter Schools shall recommend that the State Board of Education revise the funding determination.
(b) For the 2005-06 fiscal year only, a determination of funding request approved by the State Board of Education for any nonclassroom-based charter school that is not in its first year of operation shall be for the 2005-06 fiscal year and additionally a minimum of one year but a maximum of four years prospectively (for a total funding determination of not more than five years).
(c) Any determination of funding request approved by the State Board of Education for an existing nonclassroom-based charter school from the 2006-07 fiscal year forward shall be prospective (not for the current year), in increments of a minimum of two years and a maximum of five years in length. Beginning with the 2007-08 fiscal year, nonclassroom-based charter schools that had a funding determination in the prior year must submit a funding determination request by February 1 of the fiscal year prior to the year the funding determination will be effective, when a new request is required under these regulations.
(d) A determination of funding shall be subject to review each time a material change is made in the school's charter with respect to nonclassroom-based instruction, and may be subject to review each time the school's charter is renewed, and/or in accordance with any conditions the State Board of Education may impose at the time of the determination of funding request approval. A material change in the school's charter with respect to nonclassroom-based instruction is any significant change that affects the level of resources devoted to nonclassroom-based instruction, the courses to be offered through nonclassroom-based instruction, and/or the delivery of educational services to pupils receiving nonclassroom-based instruction. The charter school shall notify the California Department of Education no later than thirty (30) days after the material change is made.
(e) A charter school may submit a request for funding determination up to one year prior to the fiscal year in which the request will initially be effective. The State Board may grant the request for up to five years following the effective date of the request.
(f) Not more than 120 days following the receipt of a complete determination of funding request, the California Department of Education shall present the request and the recommendation of the Advisory Commission on Charter Schools to the State Board of Education in accordance with subdivision (a) of section 11963.4.
(g) If, during the effective period of a determination of funding, a charter school wishes to seek a higher or lower determination of funding, it shall do so by the filing of a new determination of funding request. During the effective period of a charter school's determination of funding, no more than one additional determination of funding request (which would replace the determination of funding then in effect) may be submitted by the charter school in the same fiscal year.
NOTE
Authority cited: Sections 33031 and 47634.2, Education Code. Reference: Sections 47604.3, 47612.5, 47634.2 and 51745.6, Education Code.
HISTORY
1. New section filed 10-28-2003; operative 10-28-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 44).
2. Renumbering of former section 11963.6 to section 11963.7 and renumbering of former section 11963.5 to section 11963.6, including amendment of section and Note, filed 12-6-2005; operative 12-6-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 49).
§11963.7. Termination of a Determination of Funding Regarding Nonclassroom-Based Instruction.
Note • History
Any multi-year funding determination approved by the State Board of Education may be modified by the State Board of Education, in terms of both the multi-year approval and the funding authorized.
The State Board of Education may terminate a determination of funding if updated or additional information requested by the California Department of Education and/or the Advisory Commission on Charter Schools is not made available by a charter school within thirty (30) calendar days or if credible information from any source supports termination. If the latter is the case, the charter schools shall be given thirty (30) calendar days prior to the termination of funding to provide additional information to support the school's determination of funding.
NOTE
Authority cited: Sections 33031 and 47634.2, Education Code. Reference: Sections 47612.5 and 47634.2, Education Code.
HISTORY
1. Renumbering of former section 11963.6 to new section 11963.7, including amendment of section and Note, filed 12-6-2005; operative 12-6-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 49).
Article 2. General Provisions
Note • History
For the purposes of Articles 1, 2 and 2.5, the following definitions shall apply:
(a) “Chartering authority” means the entity that grants a school's charter and includes the following:
(1) “County chartering authority” means a county board of education that has granted a school's charter. In making specific the provisions of Education Code section 47607(g)(1), these regulations use the term “county chartering authority” where Education Code section 47607(g)(1) uses the term “county office of education.”
(2) “District chartering authority” means the governing board of a school district that has granted a school's charter. In making specific the provisions of Education Code section 47607(f)(1), these regulations use the term “district chartering authority” where Education Code section 47607(f)(1) uses the term “school district.”
(3) “State chartering authority” is the State Board of Education (SBE) when the SBE has granted a school's charter. The SBE acts as a state chartering authority when it approves the operation of a charter school that has been denied by a local educational agency (LEA) and when it approves the operation of a state charter school pursuant to Education Code section 47605.8.
(b) “Final Decision” means the final written decision of the chartering authority to either revoke or decline to revoke a school's charter.
(c) “Notice of Appeal” means a written document notifying the county board of education or the SBE, as appropriate, that the charter school's governing body as described in the school's charter, or the district chartering authority is appealing the decision to revoke or reverse the revocation of a school's charter.
(d) “Notice of Intent to Revoke” means the written notice of a chartering authority's decision to pursue revocation of a school's charter due to the charter school's failure to remedy one or more violations identified in the Notice(s) of Violation. This notice shall identify all of the following:
(1) All evidence relied upon by the chartering authority in determining that the charter school failed to remedy a violation pursuant to this section;
(2) The date and time at which the chartering authority will hold a public hearing concerning revocation, which shall be held no more than 30 calendar days after the chartering authority issues this notice.
(e) “Notice of Revocation by Determination of a Severe and Imminent Threat to Pupil Health or Safety” means the written notice of a chartering authority's decision to revoke a school's charter due to a severe and imminent threat to the health or safety of the pupils. This notice shall identify all of the following:
(1) The location of the facility;
(2) The provisions of Education Code section 47607(c) that the charter school has violated and a description of the emergency or urgent conditions that have resulted from this violation;
(3) A description of how the condition(s) identified in subdivision (2) severely and imminently threatens the health or safety of pupils.
(4) For purposes of this article, “a severe and imminent threat to pupil health or safety” occurs when a charter school's structures, systems or practices are in a condition that poses a severe and imminent threat to the health or safety of pupils while at school, and where the charter school has made no reasonable attempt to remedy the condition or no remedy exists to cure the condition.
(5) For purposes of this article, “a severe and imminent threat to pupil health or safety” does not include any cosmetic or nonessential repairs or severe threats for which the school has initiated corrective action and has removed the pupils from any immediate danger.
(f) “Notice of Violation” means the written notice of a chartering authority's identification of one or more specific alleged violations by the charter school based on the grounds for revocation specified in Education Code section 47607(c). This notice shall identify all of the following:
(1) The charter school's alleged specific material violation of a condition, standard, or procedure set out in the school's charter pursuant to Education Code section 47607(c)(1); the specific pupil outcome(s) identified in the school's charter that the charter school allegedly failed to meet or pursue pursuant to Education Code section 47607(c)(2); the charter school's alleged fiscal mismanagement or specific failure to follow generally accepted accounting principles pursuant to Education Code section 47607(c)(3); or the specific provision(s) of law that the charter school allegedly failed to follow pursuant to Education Code section 47607(c)(4), as appropriate.
(2) All evidence relied upon by the chartering authority in determining the charter school engaged in any of the acts or omissions identified in subdivision (f)(1) including the date and duration of the alleged violation(s), showing the violation(s) is/are both material and uncured, and that the alleged violation(s) occurred within a reasonable period of time before a notice of violation is issued; and
(3) The period of time that the chartering authority has concluded is a reasonable period of time for the charter school to remedy or refute the identified violation(s). In identifying the time period that will serve as the charter school's reasonable opportunity to remedy the identified violation(s), the chartering authority shall consider the amount of time reasonably necessary to remedy each identified violation, which may include the charter school's estimation as to the anticipated remediation time.
(g) “Private school” as that term is used in Education Code section 47602(b) means a school that meets the requirements set forth in Education Code sections 48222 and 48223.
(h) For each charter school, “satisfactory progress,” as that term is used in Education Code section 47612, means uninterrupted progress (1) towards completion, with passing grades, of the substance of the course of study that is required for graduation from a non-charter comprehensive high school of the school district that authorized the charter school's charter, that the pupil has not yet completed, (2) at a rate that is at least adequate to allow the pupil to successfully complete, through full-time attendance, all of that uncompleted coursework within the aggregate amount of time assigned by the chartering agency for the study of that particular quantity of coursework within its standard academic schedule. If the chartering authority is not a school district having at least one non-charter comprehensive high school, the applicable high school graduation requirements and associated time assignments shall be those for the comprehensive high school(s) of the largest unified school district, as measured by average daily attendance, in the county or counties in which the charter school operates.
For individuals with exceptional needs, as defined in Education Code section 56026, “satisfactory progress,” as that term is used in Education Code section 47612, means uninterrupted maintenance of progress towards meeting the goals and benchmarks or short-term objectives specified in his or her individualized education program made pursuant to 20 U.S.C. Section 1414(d) until high school graduation requirements have been met, or until the pupil reaches an age at which special education services are no longer required by law.
(i) “School's charter” is the document approved by the chartering authority, including any material revisions that have been approved by the chartering authority.
(j) “Statewide benefit charter” is a charter school authorized by the SBE to operate at multiple sites throughout the state pursuant to Education Code section 47605.8. In making specific the provisions of Education Code section 47605.8, these regulations use the term “statewide benefit charter” where Education Code section 47605.8 uses the term “state charter school.”
NOTE
Authority cited: Sections 33031, 47602 and 47612, Education Code. Reference: Sections 47602, 47604.5, 47605.8, 47607 and 47612, Education Code; and 20 U.S.C. Section 1414(d).
HISTORY
1. New article 2 (sections 11965-11968) and section filed 2-8-99 as an emergency; operative 2-8-99 (Register 99, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-8-99 or emergency language will be repealed by operation of law on the following day.
2. Repealer of article 2 (sections 11965-11968) and section by operation of Government Code section 11346.1(g) (Register 99, No. 31).
3. New article 2 (sections 11965-11968) and section filed 7-28-99; operative 7-28-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 31).
4. New subsection (a) designator and new subsection (b) and amendment of Note filed 11-18-99 as an emergency; operative 11-18-99 (Register 99, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-17-2000 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-18-99 order, including amendment of subsection (b) and Note, transmitted to OAL 2-2-2000 and filed 2-22-2000 (Register 2000, No. 8).
6. Amendment of section and Note filed 11-16-2011; operative 12-16-2011 (Register 2011, No. 46).
Note • History
On each occasion that a charter school reports attendance to the California Department of Education for purposes of the calculation of state funding for the charter school, an official of the charter school who is responsible for reporting attendance shall specifically certify that all of the attendance then reported is for pupils whose attendance is eligible for public funding pursuant to Education Code section 47602(b). The Superintendent of Public Instruction shall not apportion state funds to any charter school that fails to make the certification required by this section.
NOTE
Authority cited: Sections 33031 and 47602(b), Education Code. Reference: Section 47602(b), Education Code.
HISTORY
1. New section filed 2-8-99 as an emergency; operative 2-8-99 (Register 99, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-8-99 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 99, No. 31).
3. New section filed 7-28-99; operative 7-28-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 31).
§11966.4. Submission of a Charter School Renewal Petition to the Governing Board of a School District.
Note • History
(a) A petition for renewal submitted pursuant to Education Code section 47607 shall be considered by the district governing board upon receipt of the petition with all of the requirements set forth in this subdivision:
(1) Documentation that the charter school meets at least one of the criteria specified in Education Code section 47607(b).
(2) A copy of the renewal charter petition including a reasonably comprehensive description of how the charter school has met all new charter school requirements enacted into law after the charter was originally granted or last renewed.
(A) The signature requirement set forth in Education Code section 47605(a) is not applicable to a petition for renewal.
(b)(1) When considering a petition for renewal, the district governing board shall consider the past performance of the school's academics, finances, and operation in evaluating the likelihood of future success, along with future plans for improvement if any.
(2) The district governing board may deny a petition for renewal of a charter school only if the district governing board makes written factual findings, specific to the particular petition, setting forth specific facts to support one or more of the grounds for denial set forth in Education Code section 47605(b) or facts to support a failure to meet one of the criteria set forth in Education Code section 47607(b).
(c) If within 60 days of its receipt of a petition for renewal, a district governing board has not made a written factual finding as mandated by Education Code section 47605(b), the absence of written factual findings shall be deemed an approval of the petition for renewal.
(1) The district governing board and charter petitioner may extend this date by an additional 30 days only by written mutual agreement.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 47605 and 47607, Education Code.
HISTORY
1. New section filed 10-24-2011; operative 11-23-2011 (Register 2011, No. 43).
2. Editorial correction of History 1 (Register 2011, No. 44).
§11966.5. Charter Petitions That Have Not Been Renewed -- Submission to County Board of Education.
Note • History
(a) When the governing board of a school district denies a charter school's petition for renewal, the charter school may submit a petition for renewal to the county board of education not later than 30 calendar days after the district governing board makes its written factual findings. The county board of education and the charter petitioner may extend this date by an additional 30 days only by written mutual agreement. A petition for renewal not submitted to the county board of education within this time shall be considered denied with no further options for administrative appeal.
(b) A petition for renewal, whether submitted to the county board of education as the chartering authority or on appeal from denial of the renewal petition by the local governing board, shall be considered by the county board of education upon receipt of the petition with all of the requirements set forth in this subdivision.
(1) Documentation that the charter school meets at least one of the criteria specified in Education Code section 47607(b).
(2) A copy of the renewal charter petition, as denied by the local board, including a reasonably comprehensive description of how the charter school has met all new charter school requirements enacted into law after the charter was originally granted or last renewed.
(A) The signature requirement set forth in Education Code section 47605(a) is not applicable to a petition for renewal.
(3) When applicable, a copy of the governing board's denial and supporting written factual findings, if available.
(4) A description of any changes to the renewal petition necessary to reflect the county board of education as the chartering entity.
(c)(1) When considering a petition for renewal, the county board of education shall consider the past performance of the school's academics, finances, and operation in evaluating the likelihood of future success, along with future plans for improvement, if any.
(2) The county board of education may deny a petition for renewal of a charter school only if the county board of education makes written factual findings, specific to the particular petition, setting forth specific facts to support one or more of the grounds for denial set forth, as applicable, in Education Code sections 47605(b) and 47605.6(b), or failure to meet one of the criteria set forth in Education Code section 47607(b).
(d) If within 60 days of a county board of education's receipt of a petition for renewal the county board of education does not grant or deny the petition for the renewal of a charter school, the charter school may submit a petition for renewal to the State Board of Education (SBE). The county board of education and charter petitioner may extend this date by an additional 30 days only by written mutual agreement.
(e) If a county board of education denies a petition for renewal of a countywide charter school established under Education Code section 47605.6, the petitioner may not elect to submit the petition for renewal of the countywide charter school to the SBE.
NOTE
Authority cited: Sections 33031 and 47605, Education Code. Reference: Sections 47605, 47605.6, 47607 and 47607.5, Education Code.
HISTORY
1. New section filed 10-24-2011; operative 11-23-2011 (Register 2011, No. 43).
2. Editorial correction of History 1 (Register 2011, No. 44).
§11966.6. Charter Petitions That Have Not Been Renewed Locally -- Submission to State Board of Education (SBE).
Note • History
(a) When the county board of education denies or takes no action on a charter school's petition for renewal, the charter school may submit a petition for renewal to the SBE.
(b) A petition for renewal shall include all of the following and shall be considered received when submitted to the SBE with all of the requirements set forth in this subdivision.
(1) Documentation that the charter school met at least one of the criteria specified in Education Code section 47607(b).
(2) A copy of the renewal charter petition, as denied, including a reasonably comprehensive description of how the charter school has met all new charter school requirements enacted into law after the charter was originally granted or last renewed.
(A) The signature requirement set forth in Education Code section 47605(a) is not applicable to a petition for renewal.
(3) A copy of district governing board's written factual findings denying the petition for renewal, and evidence of the county governing board's denial or, if the county board of education failed to act, evidence that the timeline set forth in section 11966.5(d) has expired.
(4) A description of any changes to the renewal petition necessary to reflect the SBE as the chartering entity.
(c)(1) When considering a petition for renewal, the SBE shall consider the past performance of the school's academics, finances, and operation in evaluating the likelihood of future success, along with future plans for improvement, if any.
(2) The SBE may deny a petition for renewal of a charter school only if the SBE makes written factual findings, specific to the particular petition, setting forth specific facts to support one or more of the grounds for denial set forth in Education Code section 47605(b) or failure to meet one of the criteria set forth in Education Code section 47607(b).
NOTE
Authority cited: Sections 33031 and 47605, Education Code. Reference: Sections 47605, 47607 and 47607.5, Education Code.
HISTORY
1. New section filed 10-24-2011; operative 11-23-2011 (Register 2011, No. 43).
2. Editorial correction of History 1 (Register 2011, No. 44).
§11966.7. Categorical Funding for Charter Schools Renewed by a Different Authorizer.
Note • History
(a) A charter school whose charter is not renewed by the chartering authority but is subsequently approved on appeal by the county office of education or the SBE, and a charter school initially approved by a County Office of Education or the SBE on appeal and subsequently renewed by the district that previously had denied the charter, shall continue to be eligible for class size reduction funds provided that the charter school had applied for class size reduction funds in 2008-09 either directly or through its authorizer.
(1) A charter school that applied through its authorizer in 2008-09 shall, for purposes of Education Code section 52124.3, continue to be eligible for funding through its authorizer for the same number of classes for which its authorizer applied for funding on its behalf in 2008-09 and all subsequent years during which the school was operational. In order to receive funding, a charter school must provide timely reports of actual enrollment in each participating class, pursuant to Education Code sections 52124 and 52126, to its 2008-09 authorizer.
(2) A charter school that is eligible for funding pursuant to this subdivision shall not be eligible for class size reduction funding pursuant to section 42606.
(3) This subdivision shall be in effect until such time as Education Code section 52124.3 is no longer in effect.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 42605, 42606, 52121.5 and 52124.3, Education Code.
HISTORY
1. New section filed 10-24-2011; operative 11-23-2011 (Register 2011, No. 43).
2. Editorial correction of History 1 (Register 2011, No. 44).
§11967. Appeals on Petitions for the Establishment of a Charter School That Have Been Denied.
Note • History
(a) A charter school petition that has been previously denied by the governing board of a school district must be received by the county board of education not later than 180 calendar days after the denial. A charter school petition that has been previously denied by a county board of education must be received by the State Board of Education (SBE) not later than 180 calendar days after the denial. Any petition received by the county board of education or SBE more than 180 days after denial shall not be acted upon by the county board of education or the SBE.
(b) When filing a petition with the county board of education or the SBE for the establishment of a charter school, petitioner(s) shall provide the following:
(1) A complete copy of the charter petition as denied, including the signatures required by Education Code section 47605.
(2) Evidence of the governing board's action to deny the petition (e.g. meeting minutes) and the governing board's written factual findings specific to the particular petition, when available, setting forth specific facts to support one or more of the grounds for denial set forth in Education Code section 47605(b).
(3) A signed certification stating that petitioner(s) will comply with all applicable law.
(4) A description of any changes to the petition necessary to reflect the county board of education or the SBE as the chartering entity, as applicable.
(c) The county board of education or SBE shall deny a petition for the establishment of a charter school only if that board makes written factual findings, specific to the particular petition, setting forth specific facts to support one or more of the grounds for denial set forth in Education Code section 47605(b)(1)-(5).
(d) If within 60 days of a county board of education's receipt of a petition appealing the denial to establish a charter school, the county board of education does not grant or deny the petition for the establishment of a charter school, the charter school may submit the petition for the establishment of a charter school to the SBE. The county board of education and charter petitioner may extend this date by an additional 30 days only by written mutual agreement.
(e) If, within 120 days of the SBE's receipt of a petition appealing the denial to establish a charter school, the SBE does not grant or deny the charter petition, the decision of the governing board of the school district to deny the petition is subject to judicial review. The SBE and the charter petitioner may extend this date by an additional 30 days only by written mutual agreement.
(f) In considering charter petitions that have been previously denied, the county board of education or SBE are not limited to a review based solely on the reasons for denial stated by the school district, but must review the charter school petition pursuant to Education Code section 47605(b).
NOTE
Authority cited: Sections 33031 and 47605, Education Code. Reference: Section 47605, Education Code.
HISTORY
1. New section filed 2-8-99 as an emergency; operative 2-8-99 (Register 99, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-8-99 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 99, No. 31).
3. New section filed 7-28-99; operative 7-28-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 31).
4. Amendment of section and NOTE filed 6-22-2005; operative 6-22-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 25).
5. Amendment of section heading, section and Note filed 10-24-2011; operative 11-23-2011 (Register 2011, No. 43).
6. Editorial correction of History 5 (Register 2011, No. 44).
§11967.5. Review and Approval of Charter School Petitions by the State Board of Education.
History
The State Board of Education shall utilize the criteria set forth in Section 11967.5.1. in reviewing the elements of a charter petition submitted for its approval in accordance with the provisions of Education Code section 47605(b) and (j). The purpose of the criteria is to convey to charter petitioners the State Board of Education's understanding of the meaning of the elements specified in Education Code section 47605(b), or otherwise to convey essential information about the elements. The criteria are intended to require no charter provisions in excess of those that the State Board of Education believes necessary to determine whether each element specified in Education Code section 47605(b) has been satisfactorily addressed. Where the criteria call for judgments to be made, the judgments will be made in such a manner as to be reasonable, rational, and fair to the petitioners and other parties potentially affected by the chartering of the school by the State Board of Education.
HISTORY
1. New section filed 3-1-2002; operative 3-31-2002 (Register 2002, No. 9).
§11967.5.1. Criteria for the Review and Approval of Charter School Petitions and Charter School Renewal Petitions by the State Board of Education (SBE).
Note • History
(a) For purposes of Education Code section 47605(b), a charter petition shall be “consistent with sound educational practice” if, in the SBE's judgment, it is likely to be of educational benefit to pupils who attend. A charter school need not be designed or intended to meet the educational needs of every student who might possibly seek to enroll in order for the charter to be granted by the SBE.
(b) For purposes of Education Code section 47605(b)(1), a charter petition shall be “an unsound educational program” if it is any of the following:
(1) A program that involves activities that the SBE determines would present the likelihood of physical, educational, or psychological harm to the affected pupils.
(2) A program that the SBE determines not to be likely to be of educational benefit to the pupils who attend.
(3) If the petition is for renewal of a charter school, and either the charter school has not met the standards for renewal pursuant to Education Code section 47607(b), as applicable, or the charter school has not met the measurable pupil outcomes as described in its charter.
(c) For purposes of Education Code section 47605(b)(2), the SBE shall take the following factors into consideration in determining whether charter petitioners are “demonstrably unlikely to successfully implement the program.”
(1) If the petitioners have a past history of involvement in charter schools or other education agencies (public or private), the history is one that the SBE regards as unsuccessful, e.g., the petitioners have been associated with a charter school of which the charter has been revoked or a private school that has ceased operation for reasons within the petitioners' control.
(2) The petitioners are unfamiliar in the SBE's judgment with the content of the petition or the requirements of law that would apply to the proposed charter school.
(3) The petitioners have presented an unrealistic financial and operational plan for the proposed charter school. An unrealistic financial and operational plan is one to which any or all of the following applies:
(A) In the area of administrative services, the charter or supporting documents do not adequately:
1. Describe the structure for providing administrative services, including, at a minimum, personnel transactions, accounting and payroll that reflects an understanding of school business practices and expertise to carry out the necessary administrative services, or a reasonable plan and time line to develop and assemble such practices and expertise.
2. For any contract services, describe criteria for the selection of a contractor or contractors that demonstrate necessary expertise and the procedure for selection of the contractor or contractors.
(B) In the area of financial administration, the charter or supporting documents do not adequately:
1. Include, at a minimum, the first-year operational budget, start-up costs, and cash flow, and financial projections for the first three years.
2. Include in the operational budget reasonable estimates of all anticipated revenues and expenditures necessary to operate the school, including, but not limited to, special education, based, when possible, on historical data from schools or school districts of similar type, size, and location.
3. Include budget notes that clearly describe assumptions on revenue estimates, including, but not limited to, the basis for average daily attendance estimates and staffing levels.
4. Present a budget that in its totality appears viable and over a period of no less than two years of operations provides for the amassing of a reserve equivalent to that required by law for a school district of similar size to the proposed charter school.
5. Demonstrate an understanding of the timing of the receipt of various revenues and their relative relationship to timing of expenditures that are within reasonable parameters, based, when possible, on historical data from schools or school districts of similar type, size, and location.
(C) In the area of insurance, the charter and supporting documents do not adequately provide for the acquisition of and budgeting for general liability, workers compensations, and other necessary insurance of the type and in the amounts required for an enterprise of similar purpose and circumstance.
(D) In the area of facilities, the charter and supporting documents do not adequately:
1. Describe the types and potential location of facilities needed to operate the size and scope of educational program proposed in the charter.
2. In the event a specific facility has not been secured, provide evidence of the type and projected cost of the facilities that may be available in the location of the proposed charter school.
3. Reflect reasonable costs for the acquisition or leasing of facilities to house the charter school, taking into account the facilities the charter school may be allocated under the provisions of Education Code section 47614.
(4) The petitioners personally lack the necessary background in the following areas critical to the charter school's success, and the petitioners do not have a plan to secure the services of individuals who have the necessary background in these areas:
(A) Curriculum, instruction, and assessment.
(B) Finance and business management.
(d) For purposes of Education Code section 47605(b)(3), a charter petition that “does not contain the number of signatures required by subdivision (a)” of Education Code section 47605 shall be a petition that did not contain the requisite number of signatures at the time of the submission of the original charter to a school district governing board pursuant to Education Code section 47605(a). The SBE shall not disregard signatures that may be purported to have been withdrawn or to have been determined to be invalid after the petition was denied by the school district. The signature requirement set forth in Education Code section 47605(a) is not applicable to a petition for renewal.
(e) For purposes of Education Code section 47605(b)(4), a charter petition that “does not contain an affirmation of each of the conditions described in subdivision (d)” of Education Code section 47605 shall be a petition that fails to include a clear, unequivocal affirmation of each such condition, not a general statement of intention to comply. Neither the charter nor any of the supporting documents shall include any evidence that the charter will fail to comply with the conditions described in Education Code section 47605(d).
(f) For purposes of Education Code section 47605(b)(5), the SBE shall take the following factors into consideration in determining whether a charter petition does not contain a “reasonably comprehensive” description of each of the specified elements.
(1) The description of the educational program of the school, as required by Education Code section 47605(b)(5)(A), at a minimum:
(A) Indicates the proposed charter school's target student population, including, at a minimum, grade levels, approximate numbers of pupils, and specific educational interests, backgrounds, or challenges.
(B) Specifies a clear, concise school mission statement with which all elements and programs of the school are in alignment and which conveys the petitioners' definition of an “educated person” in the 21st century, belief of how learning best occurs, and goals consistent with enabling pupils to become or remain self-motivated, competent, and lifelong learners.
(C) Includes a framework for instructional design that is aligned with the needs of the pupils that the charter school has identified as its target student population.
(D) Indicates the basic learning environment or environments (e.g., site-based matriculation, independent study, community-based education, or technology-based education).
(E) Indicates the instructional approach or approaches the charter school will utilize, including, but not limited to, the curriculum and teaching methods (or a process for developing the curriculum and teaching methods) that will enable the school's pupils to master the content standards for the four core curriculum areas adopted by the SBE pursuant to Education Code section 60605 and to achieve the objectives specified in the charter.
(F) Indicates how the charter school will identify and respond to the needs of pupils who are not achieving at or above expected levels.
(G) Indicates how the charter school will meet the needs of students with disabilities, English learners, students achieving substantially above or below grade level expectations, and other special student populations.
(H) Specifies the charter school's special education plan, including, but not limited to, the means by which the charter school will comply with the provisions of Education Code section 47641, the process to be used to identify students who qualify for special education programs and services, how the school will provide or access special education programs and services, the school's understanding of its responsibilities under law for special education pupils, and how the school intends to meet those responsibilities.
(2) Measurable pupil outcomes, as required by Education Code section 47605(b)(5)(B), at a minimum:
(A) Specify skills, knowledge, and attitudes that reflect the school's educational objectives and can be assessed, at a minimum, by objective means that are frequent and sufficiently detailed enough to determine whether pupils are making satisfactory progress. It is intended that the frequency of objective means of measuring pupil outcomes vary according to such factors as grade level, subject matter, the outcome of previous objective measurements, and information that may be collected from anecdotal sources. To be sufficiently detailed, objective means of measuring pupil outcomes must be capable of being used readily to evaluate the effectiveness of and to modify instruction for individual students and for groups of students.
(B) Include the school's Academic Performance Index growth target, if applicable.
(3) The method by which pupil progress is to be measured, as required by Education Code section 47605(b)(5)(C), at a minimum:
(A) Utilizes a variety of assessment tools that are appropriate to the skills, knowledge, or attitudes being assessed, including, at a minimum, tools that employ objective means of assessment consistent with paragraph (2)(A) of subdivision (f) of this section.
(B) Includes the annual assessment results from the Statewide Testing and Reporting (STAR) program.
(C) Outlines a plan for collecting, analyzing, and reporting data on pupil achievement to school staff and to pupils' parents and guardians, and for utilizing the data continuously to monitor and improve the charter school's educational program.
(4) The governance structure of the school, including, but not limited to, the process to be followed by the school to ensure parental involvement in supporting the school's effort on behalf of the school's pupils, as required by Education Code section 47605(b)(5)(D), at a minimum:
(A) Includes evidence of the charter school's incorporation as a non-profit public benefit corporation, if applicable.
(B) Includes evidence that the organizational and technical designs of the governance structure reflect a seriousness of purpose necessary to ensure that:
1. The charter school will become and remain a viable enterprise.
2. There will be active and effective representation of interested parties, including, but not limited to parents (guardians).
3. The educational program will be successful.
(5) The qualifications to be met by individuals to be employed by the school, as required by Education Code section 47605(b)(5)(E), at a minimum:
(A) Identify general qualifications for the various categories of employees the school anticipates (e.g., administrative, instructional, instructional support, non-instructional support). The qualifications shall be sufficient to ensure the health, and safety of the school's faculty, staff, and pupils.
(B) Identify those positions that the charter school regards as key in each category and specify the additional qualifications expected of individuals assigned to those positions.
(C) Specify that the requirements for employment set forth in applicable provisions of law will be met, including, but not limited to credentials as necessary.
(6) The procedures that the school will follow to ensure the health and safety of pupils and staff, as required by Education Code section 47605(b)(5)(F), at a minimum:
(A) Require that each employee of the school furnish the school with a criminal record summary as described in Education Code section 44237.
(B) Include the examination of faculty and staff for tuberculosis as described in Education Code section 49406.
(C) Require immunization of pupils as a condition of school attendance to the same extent as would apply if the pupils attended a non-charter public school.
(D) Provide for the screening of pupils' vision and hearing and the screening of pupils for scoliosis to the same extent as would be required if the pupils attended a non-charter public school.
(7) Recognizing the limitations on admissions to charter schools imposed by Education Code section 47605(d), the means by which the school will achieve a racial and ethnic balance among its pupils that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted, as required by Education Code section 47605(b)(5)(G), shall be presumed to have been met, absent specific information to the contrary.
(8) To the extent admission requirements are included in keeping with Education Code section 47605(b)(5)(H), the requirements shall be in compliance with the requirements of Education Code section 47605(d) and any other applicable provision of law.
(9) The manner in which annual, independent, financial audits shall be conducted, which shall employ generally accepted accounting principles, and the manner in which audit exceptions and deficiencies shall be resolved to the satisfaction of the chartering authority, as required by Education Code section 47605(b)(5)(I), at a minimum:
(A) Specify who is responsible for contracting and overseeing the independent audit.
(B) Specify that the auditor will have experience in education finance.
(C) Outline the process of providing audit reports to the SBE, California Department of Education, or other agency as the SBE may direct, and specifying the time line in which audit exceptions will typically be addressed.
(D) Indicate the process that the charter school will follow to address any audit findings and/or resolve any audit exceptions.
(10) The procedures by which pupils can be suspended or expelled, as required by Education Code section 47605(b)(5)(J), at a minimum:
(A) Identify a preliminary list, subject to later revision pursuant to subparagraph (E), of the offenses for which students in the charter school must (where non-discretionary) and may (where discretionary) be suspended and, separately, the offenses for which students in the charter school must (where non-discretionary) or may (where discretionary) be expelled, providing evidence that the petitioners' reviewed the offenses for which students must or may be suspended or expelled in non-charter public schools.
(B) Identify the procedures by which pupils can be suspended or expelled.
(C) Identify the procedures by which parents, guardians, and pupils will be informed about reasons for suspension or expulsion and of their due process rights in regard to suspension or expulsion.
(D) Provide evidence that in preparing the lists of offenses specified in subparagraph (A) and the procedures specified in subparagraphs (B) and (C), the petitioners reviewed the lists of offenses and procedures that apply to students attending non-charter public schools, and provide evidence that the charter petitioners believe their proposed lists of offenses and procedures provide adequate safety for students, staff, and visitors to the school and serve the best interests the school's pupils and their parents (guardians).
(E) If not otherwise covered under subparagraphs (A), (B), (C), and (D):
1. Provide for due process for all pupils and demonstrate an understanding of the rights of pupils with disabilities in regard to suspension and expulsion.
2. Outline how detailed policies and procedures regarding suspension and expulsion will be developed and periodically reviewed, including, but not limited to, periodic review and (as necessary) modification of the lists of offenses for which students are subject to suspension or expulsion.
(11) The manner by which staff members of the charter schools will be covered by the State Teachers' Retirement System, the Public Employees' Retirement System, or federal social security, as required by Education Code section 47605(b)(5)(K), at a minimum, specifies the positions to be covered under each system and the staff who will be responsible for ensuring that appropriate arrangements for that coverage have been made.
(12) The public school attendance alternatives for pupils residing within the school district who choose not to attend charter schools, as required by Education Code section 47605(b)(5)(L), at a minimum, specify that the parent or guardian of each pupil enrolled in the charter school shall be informed that the pupils has no right to admission in a particular school of any local educational agency (LEA) (or program of any LEA) as a consequence of enrollment in the charter school, except to the extent that such a right is extended by the LEA.
(13) The description of the rights of any employees of the school district upon leaving the employment of the school district to work in a charter school, and of any rights of return to the school district after employment at a charter school, as required by Education Code section 47605(b)(5)(M), at a minimum, specifies that an employee of the charter school shall have the following rights:
(A) Any rights upon leaving the employment of an LEA to work in the charter school that the LEA may specify.
(B) Any rights of return to employment in an LEA after employment in the charter school as the LEA may specify.
(C) Any other rights upon leaving employment to work in the charter school and any rights to return to a previous employer after working in the charter school that the SBE determines to be reasonable and not in conflict with any provisions of law that apply to the charter school or to the employer from which the employee comes to the charter school or to which the employee returns from the charter school.
(14) The procedures to be followed by the charter school and the entity granting the charter to resolve disputes relating to provisions of the charter, as required by Education Code section 47605(b)(5)(N), at a minimum:
(A) Include any specific provisions relating to dispute resolution that the SBE determines necessary and appropriate in recognition of the fact that the SBE is not an LEA.
(B) Describe how the costs of the dispute resolution process, if needed, would be funded.
(C) Recognize that, because it is not an LEA, the SBE may choose to resolve a dispute directly instead of pursuing the dispute resolution process specified in the charter, provided that if the SBE intends to resolve a dispute directly instead of pursuing the dispute resolution process specified in the charter, it must first hold a public hearing to consider arguments for and against the direct resolution of the dispute instead of pursuing the dispute resolution process specified in the charter.
(D) Recognize that if the substance of a dispute is a matter that could result in the taking of appropriate action, including, but not limited to, revocation of the charter in accordance with Education Code section 47604.5, the matter will be addressed at the SBE's discretion in accordance with that provision of law and any regulations pertaining thereto.
(15) The declaration of whether or not the charter school shall be deemed the exclusive public school employer of the employees of the charter school for the purposes of the Educational Employment Relations Act. Education Code section 47605(b)(5)(O) recognizes that the SBE is not an exclusive public school employer. Therefore, the charter school must be the exclusive public school employer of the employees of the charter school for the purposes of the Educational Employment Relations Act (commencing with Government Code section 3540).
(g) A “reasonably comprehensive” description, within the meaning subdivision (f) of this section and Education Code section 47605(b)(5) shall include, but not be limited to, information that:
(1) Is substantive and is not, for example, a listing of topics with little elaboration.
(2) For elements that have multiple aspects, addresses essentially all aspects the elements, not just selected aspects.
(3) Is specific to the charter petition being proposed, not to charter schools or charter petitions generally.
(4) Describes, as applicable among the different elements, how the charter school will:
(A) Improve pupil learning.
(B) Increase learning opportunities for its pupils, particularly pupils who have been identified as academically low achieving.
(C) Provide parents, guardians, and pupils with expanded educational opportunities.
(D) Hold itself accountable for measurable, performance-based pupil outcomes.
(E) Provide vigorous competition with other public school options available to parents, guardians, and students.
NOTE
Authority cited: Sections 33031 and 47605, Education Code. Reference: Section 47605, Education Code.
HISTORY
1. New section filed 3-1-2002; operative 3-31-2002 (Register 2002, No. 9).
2. Amendment of section heading, section and Note filed 10-24-2011; operative 11-23-2011 (Register 2011, No. 43).
3. Editorial correction of History 2 (Register 2011, No. 44).
§11967.6. Submission of Statewide Benefit Charter School Petitions and Amendments to the State Board of Education.
Note • History
(a) A petition to establish a statewide benefit charter school pursuant to Education Code section 47605.8 shall:
(1) Comply with all statutory requirements otherwise applicable to charter schools, except those relating to geographic and site limitations (See Education Code section 47605.8).
(2) If applicable, comply with all requirements of law relative to the provision of independent study.
(A) A charter that does not expressly provide for independent study shall not be interpreted as allowing independent study beyond that which is incidental and required to address the temporary needs of particular students.
(B) If the independent study (nonclassroom-based instruction) exceeds the percentage specified in Education Code section 47612.5, it shall be funded only in keeping with a determination of funding approved pursuant to Education Code section 47634.2.
(3) Describe how an annual independent audit of the statewide benefit charter school will be conducted in keeping with applicable statute and regulation and indicate how the statewide benefit charter school's individual schools will be appropriately included in the audit process.
(4) Incorporate a plan that provides for initial commencement of instruction in at least two schools, which shall be in at least two different school districts or two different counties. The plan for instruction shall describe how the instructional services will provide a statewide benefit, as specified in section 11967.6(b) that cannot be provided by a charter school operating in only one school district, or only in one county. Existing charter schools previously approved by a charter authorizer may not be included in a petition to establish a statewide benefit charter school.
(5) Include an assurance that the instructional services for similar student populations described in the charter will be essentially similar at each school and, thus, that each pupil's educational experience will be reasonably the same with regard to instructional methods, instructional materials, staffing configuration, personnel requirements, course offerings, and class schedules.
(6) Describe how the statewide benefit charter school will participate as a member of a special education local plan area, and ensure a coordinated structure for the provision of necessary programs and services specific to students with individualized education programs (IEPs).
(7) Demonstrate success in operating charter schools previously approved in California as evidenced by improved pupil academic performance and annual financial audits with no audit findings or exceptions. Data that shall be considered in determining the likelihood of a charter operator to successfully operate a statewide benefit charter school include, but are not limited to, a statewide or similar schools ranking of 8 or higher on the Academic Performance Index, evidence of having met growth targets over time, and other alternative indicators of success as defined in the alternative accountability system pursuant to subdivision (h) of Education Code section 52052.
(8) Describe how local community input for each school included in the plan was solicited (or will be solicited). Satisfaction of this paragraph shall involve the holding of at least one publicly noticed meeting for each school, with a summary of the input received at the meeting(s) being provided to the State Board of Education (SBE).
(9) Contain sufficient signatures either of parents, guardians, or of teachers in keeping with Education Code section 47605(a)(1) for each school proposed in the first year.
(10) Address all charter elements specified in Education Code section 47605 adapted appropriately for application at the statewide level.
(11) Contain or address any provisions or conditions specified by the SBE at the time of charter approval.
(12) Contain a plan for operations of the statewide benefit charter school that describes the distinction between centralized and individual school level responsibilities and includes a staffing plan to implement the activities at the designated level. This plan shall be a part of the petition as initially approved by the SBE. If amendments to the plan are proposed, these amendments must be submitted to the SBE for approval. The plan shall address statewide benefit charter school operations including, but not limited to:
(A) Academic program,
(B) Facilities and school operations,
(C) Legal and programmatic compliance,
(D) Financial administration,
(E) Governance, and
(F) Decision-making authority.
(13) Provide a list that includes each school the statewide benefit charter school proposes to operate. This list shall be a part of the petition as initially approved by the SBE. This list shall include:
(A) A timeline for the commencement of instruction at each school. Commencement of instruction must begin during the term of the charter.
(B) The general location of each school and the school district and county in which each school is to be located.
(C) A description of the potential facilities to be used at each school.
(D) The approximate number of pupils that can safely be accommodated by each school facility.
(b) “Instructional services of a statewide benefit”, as referenced in Education Code section 47605.8(b), shall include, but not be limited to, the following factors:
(1) Unique factors and circumstances related to the statewide benefit charter school's educational program that can only be accomplished as a statewide benefit charter and not as a single district- or single county-authorized charter, including specific benefits to each of the following:
(A) The pupils who would attend the statewide benefit charter school,
(B) The communities (including the school districts and the counties) in which the individual schools would be located (e.g., in terms of pupil demographics and performance),
(C) The state, to the extent applicable, and
(D) The statewide benefit charter school itself (e.g., in fund raising, community partnerships, or relationships with institutions of higher education).
(2) Neither an administrative benefit to a charter operator, nor a desire by a charter operator to provide services in more than one district and county, shall be considered sufficient in and of itself to constitute a statewide benefit.
(c) A statewide benefit charter school, regardless of the number of individual schools, is treated as a school district for all purposes, including but not limited to, compliance monitoring, data reporting and collection, student performance data, oversight, and apportionments. For purposes of compliance monitoring and oversight, the SBE, in its review, will look at each individual school's independent progress in meeting federal and state growth targets.
(d) Following its submission, a petition to establish a statewide benefit charter school may be modified or new schools added that were not included in the original petition only with the approval of the SBE.
(e) Each statewide benefit charter school shall provide an annual report to the SBE reflecting student achievement data, performance benchmarks, and other pertinent data supporting stated charter goals.
NOTE
Authority cited: Sections 33031 and 47605.8, Education Code. Reference: Sections 47605, 47605.8, 47612.5 and 47634.2, Education Code.
HISTORY
1. New section filed 6-22-2005; operative 6-22-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 25).
2. Amendment of section heading and subsections (a)(6) and (a)(8), repealer of subsection (a)(10), subsection renumbering and amendment of newly designated subsections (a)(11)-(13) and subsections (c)-(e) filed 8-19-2010; operative 9-18-2010 (Register 2010, No. 34).
§11967.6.1. Notification of Statewide Benefit Charter School Petitions and Amendments to Counties and School Districts.
Note • History
(a)(1) Prior to submitting a petition for a statewide benefit charter school to the SBE, the petitioner shall submit an identical copy of the petition to the county superintendent of schools of each county where the petitioner proposes to locate a school site.
(2) The petitioner shall, with its original petition, submit a written assurance to the SBE that a copy of the petition has been provided to the appropriate county superintendent(s) of school(s).
(b)(1) Prior to submitting a petition for a statewide benefit charter school to the SBE, and no later than 120 days prior to the commencement of instruction, the petitioner shall provide a written notice to the governing board of each school district where the petitioner proposes to locate a school site.
(2) The petitioner shall, with its original petition, submit a written assurance to the SBE that written notice has been provided to the governing board of each school district where the petitioner plans to locate a school site.
(c)(1) Prior to submitting an amendment to the SBE pursuant to section 11967.6(a)(13), adding new schools to the statewide benefit charter school's list of schools, the charter school shall submit an identical copy of the proposed amendment(s) to the county superintendent of schools of each county where the petitioning charter school proposes to locate a new school site and a written notice to the governing board of each school district where the charter school proposes to locate a new school site.
(2) The charter school shall, with its amendment, submit a written assurance to the SBE that a copy of the proposed amendment(s) has been provided to the appropriate county superintendent(s) of schools and that a written notice has been provided to the governing board of each school district where the charter school proposes to locate a new school site.
(d) When the meeting date for the SBE's consideration of an original petition under subdivisions (a) and (b), or a petition to amend under subdivision (c) becomes publicly available, the petitioner shall submit a written notice of the meeting date to the county superintendent of schools of each county where the petitioner proposes to locate a school site, and to the governing board of each school district where the petitioner plans to locate a school site.
NOTE
Authority cited: Sections 33031 and 47605.8, Education Code. Reference: Sections 47605 and 47605.8, Education Code.
HISTORY
1. New section filed 8-19-2010; operative 9-18-2010 (Register 2010, No. 34).
§11967.7. Evaluation of Facilities for Statewide Benefit Charter Schools.
Note • History
(a) The statewide benefit charter school shall notify the California Department of Education at least 60 days prior to proposed commencement of instruction at each individual school, including submission of all documentation required in section 11967.6(a)(14). Within 30 days of the receipt of a complete and documented notice pursuant to this section, the California Department of Education shall evaluate the facilities for the proposed educational program for compliance with local building permits and codes and notify the statewide benefit charter school and any affected local education agency of its determination. The charter school or any affected local education agency may appeal the Department's determination within 10 calendar days of the date of the determination, and the matter will be placed on the agenda of the next regularly scheduled meeting of the State Board of Education. If no action is taken by the State Board of Education, the California Department of Education's determination shall stand. A school may not open in a facility without a positive determination.
(b) A school in its first year of operation may only commence instruction between July 1 and September 30 of the year in which it proposes to commence operation.
NOTE
Authority cited: Sections 33031 and 47605.8, Education Code. Reference: Section 47605.8, Education Code.
HISTORY
1. New section filed 6-22-2005; operative 6-22-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 25).
§11967.8. Funding for Statewide Benefit Charter Schools.
Note • History
(a) A statewide benefit charter school approved pursuant to Education Code section 47605.8 shall be direct-funded pursuant to Chapter 6 of Part 26.8 of the Education Code (commencing with section 47630), with the following exceptions:
(1) A statewide benefit charter school's general-purpose entitlement pursuant to Education Code section 47633 shall be funded entirely from state aid.
(2) A statewide benefit charter school does not have a “sponsoring local education agency” as defined in Education Code section 47632.
(b) The warrant for a statewide benefit charter school shall be drawn in favor of the State Superintendent of Public Instruction and a county office of education as follows:
(1) The State Board of Education may designate a county office of education as the office responsible for establishing the appropriate funds or accounts in the county treasury for the statewide benefit charter school and for making the necessary arrangements for the statewide benefit charter school's participation in the State Teachers' Retirement System and/or the Public Employees' Retirement System. The county office may charge the statewide benefit charter school for the actual cost of services.
(2) In designating a county office of education, the State Board shall give preference to the county office of education of the county that the statewide benefit charter school identifies as the principal location of its business records.
(3) If the county office of education in the county that the statewide benefit charter school identifies as the principal location of its business records declines to accept the responsibility for the statewide benefit charter school, the State Board of Education may designate another county office of education by mutual agreement.
NOTE
Authority cited: Sections 33031 and 47605.8, Education Code. Reference: Sections 47605.8, 47632, 47633 and 47651, Education Code.
HISTORY
1. New section filed 6-22-2005; operative 6-22-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 25).
§11968. Maximum Number of Charters.
Note • History
(a) If a charter school, including a statewide benefit or countrywide charter school, ceases to operate by voluntary surrender, revocation, or non-renewal of its charter, the charter school's number will lapse and will not be reassigned.
(b) On July 1, 1999, and on each succeeding July 1, the limit on the total number of charter schools authorized to operate in this state will be increased by 100.
(c) Whenever the statutory limit on the permissible number of charter schools authorized to operate in this state is reached, requests for new numbers will be placed on a list in the order received by the State Board of Education.
NOTE
Authority cited: Sections 33031 and 47602(b), Education Code. Reference: Section 47602, Education Code.
HISTORY
1. New section filed 2-8-99 as an emergency; operative 2-8-99 (Register 99, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-8-99 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 99, No. 31).
3. New section filed 7-28-99; operative 7-28-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 31).
4. Amendment filed 6-22-2005; operative 6-22-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 25).
§11968.5. Revocation of, or Other Action Related to, a Charter by the State Board of Education upon Recommendation by the State Superintendent of Public Instruction (SSPI) Pursuant to Education Code Section 47604.5(c).
Note • History
(a) The California Department of Education (CDE) on or before November 1 of each year shall identify and notify the State Board of Education (SBE) of each charter school that meets the conditions specified in subdivision (e) and any other charter school that the SSPI determines warrants action pursuant to Education Code section 47604.5(c).
(b) On or before November 1 of each year, the CDE shall notify the charter schools identified pursuant to subdivision (e) of these regulations and each school's authorizer in writing that:
(1) the SSPI may recommend, among other actions, revocation of the school's charter; and
(2) the SBE will consider the SSPI's recommendation and take appropriate action, including, but not limited to, revocation of the school's charter.
(c) The notice provided pursuant to subdivision (b) of these regulations shall provide that the charter school and the authorizer shall be given an opportunity to provide information in writing to the SSPI and the SBE as to why the school's charter should not be revoked. Such information may include, but is not limited to, action by the school or the local authorizer to address the departures such as the initiation of a plan of corrective action or other local authorizer board action.
(d) Any action to revoke a charter school shall be effective at the end of the fiscal year in which the action is taken, to allow sufficient time for transition in accordance with school closure regulations in section 11962 of these regulations, unless the SBE identifies cause for immediate revocation and closure and makes a public finding that the departures at the school are so significant as to require the immediate revocation and closure of the charter school. At the beginning of the revocation review, the CDE shall require any school being reviewed to immediately provide, at their own expense, written notification to every parent, guardian, or caregiver that fully describes the revocation process, all options including specific schools available to students to transfer if it is needed or desired, and any administrative assistance required for a timely transfer.
(e) Substantial and sustained departure from measurably successful practices that jeopardize the educational development of a school's pupils within the meaning of subdivision (c) of Education Code section 47604.5 occurs when a charter school:
(1) is in operation five years or more, and
(2) the charter school has not qualified for the Alternative School Accountability Model pursuant to subdivision (h) of Education Code section 52052, and
(3) The charter school has met each of the following:
(A) a statewide rank of 1 on API base data for the last two years, and
(B) did not achieve a cumulative API growth of at least 50 points over the last three API cycles (i.e., an API cycle represents the difference between a current year growth API and the prior year's base API).
(4) These criteria do not limit the discretion of the SSPI and SBE to recommend or take action relating to a charter school that does not meet these criteria, but which otherwise demonstrates a substantial and sustained departure from measurably successful practices that jeopardize the educational development of a school's pupils within the meaning of subdivision (c) of Education Code section 47604.5.
(f) Nothing in this section shall be interpreted to relieve the chartering authority of its duties as a charter authorizer.
(g) After the CDE determines the conditions in subdivision (e) exist for any charter school, and makes notifications in accordance with subdivisions (b) and (c), the following shall occur:
(1) If the charter school or the authorizer choose to submit any supporting materials, the materials shall be received by the CDE by 5:00 p.m. on December 1.
(2) The SSPI shall deliver his/her recommendation to the executive director of the SBE no later than January 15.
(3) No later than February 1, the CDE shall send notification to the charter school and its authorizer of the SSPI's recommendation and the date of the SBE meeting when the recommendation is scheduled to be heard.
(4) The SBE shall hold a public hearing and consider action in accordance with Education Code section 47604.5 no later than March 31.
(h) The authority of the SBE pursuant to Education Code section 47604.5 is not limited to revocation. Based on additional information provided by the charter school, the school's authorizer, or teachers and parents of pupils at the school, which may include data on more recent academic gains, similar schools rankings and other analysis of similar student populations, and school safety, the SBE may offer the charter school an opportunity to take specific corrective actions in lieu of revocation for the remaining term of the charter. The specific corrective actions shall address the sustained low academic achievement and may include, but is not limited to, a plan to address any subgroups failing to make academic progress. Corrective actions may include, but are not limited to, restructuring of the school's staffing or governance to ensure that the school and all numerically significant subgroups have substantial promise of increasing academic performance in subsequent years.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 47604.5 and 47607, Education Code.
HISTORY
1. New section filed 1-14-2011; operative 2-13-2011 (Register 2011, No. 2).
§11969. Numbering of Charter School Petitions.
Note • History
(a) In accordance with subdivision (a) of section 47602 of the Education Code, the California Department of Education, on behalf of the State Board of Education, shall establish and administer a numbering system to track the total number of charter schools authorized to operate in the state, based on the chronological order of the receipt of a complete charter petition and notification of charter approval by a local educational agency or, in the case of a charter petition approved by the State Board of Education, the date and time of the State Board's approval.
(b) When the State Board of Education approves a charter petition or receives notice that a charter petition has been approved by a local education agency, the State Board shall assign a number to that charter petition in accordance with section 47602(a)(1) of the Education Code.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 47602, Education Code.
HISTORY
1. New section filed 4-9-99 as an emergency; operative 4-9-99 (Register 99, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-9-99 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-9-99 order transmitted to OAL 6-30-99 and filed 8-11-99 (Register 99, No. 33).
3. Repealer and new section filed 6-22-2005; operative 6-22-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 25).
Article 3. Facilities for Charter Schools.
§11969.1. Purpose and Stipulation.
Note • History
(a) This article governs provision of facilities by school districts to charter schools under Education Code section 47614.
(b) If a charter school and a school district mutually agree to an alternative to specific compliance with any of the provisions of this article, nothing in this article shall prohibit implementation of that alternative, including, for example, funding in lieu of facilities in an amount commensurate with local rental or lease costs for facilities reasonably equivalent to facilities of the district.
NOTE
Authority cited: Sections 33031 and 47614(b), Education Code. Reference: Section 47614, Education Code.
HISTORY
1. New article 3 (sections 11969.1-11969.9) and section filed 7-30-2002; operative 8-29-2002 (Register 2002, No. 31).
2. Amendment of section heading, section and Note filed 2-28-2008; operative 3-29-2008 (Register 2008, No. 9).
Note • History
(a) Average Daily Classroom Attendance. As used in Education Code section 47614(b), “average daily classroom attendance,” or “classroom ADA,” is average daily attendance (ADA) for classroom-based apportionments as used in Education Code section 47612.5. “In-district classroom ADA” is classroom ADA attributable to in-district students. Nothing in this article shall prohibit a school district from allowing a charter school to include nonclassroom-based ADA in average daily classroom attendance, but only:
(1) to the extent of the instructional time that the students generating the nonclassroom-based ADA are actually in the classroom under the direct supervision and control of an employee of the charter school; and
(2) if the school district and charter school agree upon the time(s) that facilities devoted to students generating nonclassroom-based ADA will be used.
(b) Operating in the School District. As used in Education Code section 47614(b), a charter school is “operating in the school district” if the charter school meets the requirements of Education Code section 47614(b)(5) regardless of whether the school district is or is proposed to be the authorizing entity for the charter school and whether the charter school has a facility inside the school district's boundaries.
(c) In-district Students. As used in Education Code section 47614(b), a student attending a charter school is an “in-district student” of a school district if he or she is entitled to attend the schools of the school district and could attend a school district-operated school, except that a student eligible to attend the schools of the school district based on interdistrict attendance pursuant to Education Code section 46600-46611 or based on parental employment pursuant to Education Code section 48204(b) shall be considered a student of the school district where he or she resides.
(d) Contiguous. As used in Education Code section 47614(b), facilities are “contiguous” if they are contained on the school site or immediately adjacent to the school site. If the in-district average daily classroom attendance of the charter school cannot be accommodated on any single school district school site, contiguous facilities also includes facilities located at more than one site, provided that the school district shall minimize the number of sites assigned and shall consider student safety. In evaluating and accommodating a charter school's request for facilities pursuant to Education Code section 47614, the charter school's in-district students must be given the same consideration as students in the district-run schools, subject to the requirement that the facilities provided to the charter school must be contiguous. If a school district's preliminary proposal or final notification presented pursuant to subdivisions (f) or (h) of section 11969.9 does not accommodate a charter school at a single school site, the district's governing board must first make a finding that the charter school could not be accommodated at a single site and adopt a written statement of reasons explaining the finding.
(e) Furnished and Equipped. As used in Education Code section 47614(b), a facility is “furnished and equipped” if it includes reasonably equivalent furnishings necessary to conduct classroom instruction and to provide for student services that directly support classroom instruction as found in the comparison group schools established under section 11969.3(a), and if it has equipment that is reasonably equivalent to that in the comparison group schools. “Equipment” means property that does not lose its identity when removed from its location and is not changed materially or consumed immediately (e.g., within one year) by use. Equipment has relatively permanent value, and its purchase increases the total value of a Local Educational Agency's (LEA's) physical properties. Examples include furniture, vehicles, machinery, motion picture film, videotape, furnishings that are not an integral part of the building or building system, and certain intangible assets, such as major software programs. Furnishings and equipment acquired for a school site with non-district resources are excluded when determining reasonable equivalence.
(f) General Fund. As used in Education Code section 47614(b)(1), “general fund” means the main operating fund of the LEA. It is used to account for all activities except those that are required to be accounted for in another fund. In keeping with the minimum number of funds principle, all of an LEA's activities are reported in the general fund unless there is a compelling reason to account for an activity in another fund. An LEA may have only one general fund.
(g) Unrestricted Revenues. As used in Education Code section 47614(b)(1), “unrestricted revenues” are those funds whose uses are not subject to specific constraints and that may be used for any purposes not prohibited by law. Restricted revenues are those funds received from external sources that are legally restricted or that are restricted by the donor to specific purposes. Programs funded by a combination of restricted and unrestricted sources will be accounted for and reported as restricted. Funds or activities that are not restricted or designated by the donor, but rather by the LEA's governing board, will be accounted for and reported as unrestricted.
(h) Facilities Costs. As used in Education Code section 47614(b)(1), “facilities costs” are those activities concerned with keeping the physical plant open, comfortable, and safe for use and keeping the grounds, buildings, and equipment in working condition and a satisfactory state of repair. These include the activities of maintaining safety in buildings, on the grounds, and in the vicinity of schools. This includes plant maintenance and operations, facilities acquisition and construction, and facilities rents and leases.
NOTE
Authority cited: Sections 33031 and 47614(b), Education Code. Reference: Sections 46600-46611, 47612.5, 47614 and 48204, Education Code.
HISTORY
1. New section filed 7-30-2002; operative 8-29-2002 (Register 2002, No. 31).
2. Amendment of section and Note filed 2-28-2008; operative 3-29-2008 (Register 2008, No. 9).
§11969.3. Conditions Reasonably Equivalent.
Note • History
The following provisions shall be used to determine whether facilities provided to a charter school are sufficient to accommodate charter school students in conditions reasonably equivalent to those in which the students would be accommodated if they were attending public schools of the school district providing facilities, as required by Education Code section 47614(b).
(a) Comparison Group.
(1) The standard for determining whether facilities are sufficient to accommodate charter school students in conditions reasonably equivalent to those in which the students would be accommodated if they were attending public schools of the school district providing facilities shall be a comparison group of district-operated schools with similar grade levels. If none of the district-operated schools has grade levels similar to the charter school, then a contiguous facility within the meaning of subdivision (d) of section 11969.2 shall be an existing facility that is most consistent with the needs of students in the grade levels served at the charter school. The district is not obligated to pay for the modification of an existing school site to accommodate the charter school's grade level configuration.
(2) The comparison group shall be the school district-operated schools with similar grade levels that serve students living in the high school attendance area, as defined in Education Code section 17070.15(b), in which the largest number of students of the charter school reside. The number of charter school students residing in a high school attendance area shall be determined using in-district classroom ADA projected for the fiscal year for which facilities are requested.
(3) For school districts whose students do not attend high school based on attendance areas, the comparison group shall be three schools in the school district with similar grade levels that the largest number of students of the charter school would otherwise attend. For school districts with fewer than three schools with similar grade levels, the comparison group shall be all schools in the school district with similar grade levels.
(4) Although the district is not obligated to pay for the modification of an existing school site to accommodate the charter school's grade level configuration, nothing in this article shall preclude the district from entering into an agreement with the charter school to modify an existing school site, with the costs of the modifications being paid exclusively by the charter school or by the school district, or paid jointly by the district and the charter school.
(b) Capacity.
(1) Facilities made available by a school district to a charter school shall be provided in the same ratio of teaching stations (classrooms) to ADA as those provided to students in the school district attending comparison group schools. School district ADA shall be determined using projections for the fiscal year and grade levels for which facilities are requested. Charter school ADA shall be determined using in-district classroom ADA projected for the fiscal year and grade levels for which facilities are requested. The number of teaching stations (classrooms) shall be determined using the classroom inventory prepared pursuant to California Code of Regulations, title 2, section 1859.31, adjusted to exclude classrooms identified as interim housing. “Interim housing” means the rental or lease of classrooms used to house pupils temporarily displaced as a result of the modernization of classroom facilities, as defined in California Code of Regulations, title 2, section 1859.2, and classrooms used as emergency housing for schools vacated due to structural deficiencies or natural disasters.
(2) If the school district includes specialized classroom space, such as science laboratories, in its classroom inventory, the space allocation provided pursuant to paragraph (1) of subdivision (b) shall include a share of the specialized classroom space and/or a provision for access to reasonably equivalent specialized classroom space. The amount of specialized classroom space allocated and/or the access to specialized classroom space provided shall be determined based on three factors:
(A) the grade levels of the charter school's in-district students;
(B) the charter school's total in-district classroom ADA; and
(C) the per-student amount of specialized classroom space in the comparison group schools.
(3) The school district shall allocate and/or provide access to non-teaching station space commensurate with the in-district classroom ADA of the charter school and the per-student amount of non-teaching station space in the comparison group schools. Non-teaching station space is all of the space that is not identified as teaching station space or specialized classroom space and includes, but is not limited to, administrative space, kitchen, multi-purpose room, and play area space. If necessary to implement this paragraph, the district shall negotiate in good faith with the charter school to establish time allocations and schedules so that educational programs of the charter school and school district are least disrupted.
(c) Condition.
(1) All of the factors listed below shall be used by the school district and charter school to determine whether the condition of facilities provided to a charter school is reasonably equivalent to the condition of comparison group schools. Condition is determined by assessing such factors as age (from latest modernization), quality of materials, and state of maintenance.
(A) School site size.
(B) The condition of interior and exterior surfaces.
(C) The condition of mechanical, plumbing, electrical, and fire alarm systems, including conformity to applicable codes.
(D) The availability and condition of technology infrastructure.
(E) The condition of the facility as a safe learning environment including, but not limited to, the suitability of lighting, noise mitigation, and size for intended use.
(F) The condition of the facility's furnishings and equipment.
(G) The condition of athletic fields and/or play area space.
(2) Notwithstanding paragraph (1) of subdivision (c), at a charter school established at an existing public school site pursuant to Education Code sections 47605(a)(2), 52055.5, 52055.55, or 52055.650, the condition of the facility previously used by the school district at the site shall be considered to be reasonably equivalent to the condition of school district facilities for the first year the charter school uses the facility. During its first year of operation, the charter school shall be subject to charges for pro rata costs pursuant to section 11969.7, but shall not be subject to reimbursement for over-allocated space pursuant to section 11969.8.
(d) Additional Provisions Relating to a Charter School Established at an Existing Public School Site.
The following provisions apply only to a charter school established at an existing public school site pursuant to Education Code sections 47605(a)(2), 52055.5, 52055.55, or 52055.650 and that operated at the site in its first year pursuant to paragraph (2) of subdivision (c).
(1) The school site, as identified in the school's charter, shall be made available to the school for its second year of operation and thereafter upon annual request pursuant to Education Code section 47614. The district is entitled to charge the charter school pro rata costs for the school site pursuant to section 11969.7, and the district is entitled to receive reimbursement for over-allocated space from the charter school pursuant to section 11969.8, except as provided in paragraph (3).
(2)(A) If, by material revision of the charter, the location of a charter school is changed, or if one or more additional sites are approved pursuant to Education Code section 47605(a)(4), then the school is entitled to request and the district shall provide for the use of facilities by the school in accordance with the revised charter, Education Code section 47614, and the provisions of this article.
(B) If the charter school was established pursuant to Education Code section 47605(a)(2), the district shall change the school's attendance area only if a waiver is first secured from the State Board of Education (SBE) pursuant to Education Code sections 33050-33053 of the requirement in Education Code section 47605(d)(1) that the school continuously give admission preference to students residing in the former attendance area of the school site.
(C) If the charter school was established pursuant to Education Code sections 52055.5, 52055.55, or 52055.650, the district shall relocate the school or change the school's attendance area only if a waiver is first secured from the SBE pursuant to Education Code sections 33050-33053 of the provision of statute binding the school to the existing school site.
(D) If a school district decides to change a charter school's attendance area as provided in subparagraphs (B) or (C), and if the decision occurs between November 1 and June 30 and becomes operative in the forthcoming fiscal year, then the space allocated to the charter school is not subject to reimbursement for over-allocated space pursuant to section 11969.8 in the forthcoming fiscal year.
(3) If, by February 1 of its first year of operation, a charter school notifies the district that it will have over-allocated space in the following fiscal year, the space identified is not subject to reimbursement for over-allocated space pursuant to section 11969.8 in the following year or thereafter, and the district is entitled to occupy all or a portion of the space identified. To recover space surrendered to the district pursuant to this paragraph, a charter school must apply to the district. An application to recover surrendered space shall be evaluated by the district in accordance with the provisions of this article.
NOTE
Authority cited: Sections 33031 and 47614(b), Education Code. Reference: Sections 33050-33053, 47605, 47614, 52055.5, 52055.55 and 52055.650, Education Code.
HISTORY
1. New section filed 7-30-2002; operative 8-29-2002 (Register 2002, No. 31).
2. Amendment of section and Note filed 2-28-2008; operative 3-29-2008 (Register 2008, No. 9).
§11969.4. Operations and Maintenance.
Note • History
(a) Facilities and furnishings and equipment provided to a charter school by a school district shall remain the property of the school district.
(b) The ongoing operations and maintenance of facilities and furnishings and equipment is the responsibility of the charter school. Projects eligible to be included in the school district deferred maintenance plan established pursuant to Education Code section 17582 and the replacement of furnishings and equipment supplied by the school district in accordance with school district schedules and practices, shall remain the responsibility of the school district. The charter school shall comply with school district policies regarding the operations and maintenance of the school facility and furnishings and equipment, except to the extent variation is approved by the district. However, the charter school need not comply with policies in cases where actual school district practice substantially differs from official policies.
NOTE
Authority cited: Sections 33031 and 47614(b), Education Code. Reference: Section 47614, Education Code.
HISTORY
1. New section filed 7-30-2002; operative 8-29-2002 (Register 2002, No. 31).
2. Amendment of section and Note filed 2-28-2008; operative 3-29-2008 (Register 2008, No. 9).
Note • History
The space allocated for use by the charter school, subject to sharing arrangements, shall be available for the charter school's entire school year regardless of the school district's instructional year or class schedule and may not be sublet or used for purposes other than those that are consistent with school district policies and practices for use of other public schools of the school district without permission of the school district.
NOTE
Authority cited: Section 47614(b), Education Code. Reference: Section 47614, Education Code.
HISTORY
1. New section filed 7-30-2002; operative 8-29-2002 (Register 2002, No. 31).
Note • History
A school district may satisfy the requirements of Education Code section 47614 by providing facilities that are located outside the school district's boundaries, subject to other provisions of this article and subject to the restrictions on location of charter schools established in Education Code sections 47605 and 47605.1. No school district is required to provide facilities that are located outside the school district's boundaries to a charter school.
NOTE
Authority cited: Sections 33031 and 47614(b), Education Code. Reference: Sections 47605, 47605.1 and 47614, Education Code.
HISTORY
1. New section filed 7-30-2002; operative 8-29-2002 (Register 2002, No. 31).
2. Amendment of section and Note filed 2-28-2008; operative 3-29-2008 (Register 2008, No. 9).
§11969.7. Charges for Facilities Costs.
Note • History
If the school district charges the charter school a pro rata share of its facilities costs for the use of the facilities, the pro rata share shall not exceed (1) a per-square-foot amount equal to those school district facilities costs that the school district pays for with unrestricted revenues from the district's general fund, as defined in sections 11969.2(f) and (g) and hereinafter referred to as “unrestricted general fund revenues,” divided by the total space of the school district times (2) the amount of space allocated by the school district to the charter school. The following provisions shall apply to the calculation of the pro rata share of facilities costs:
(a) For purposes of this section, facilities costs that the school district pays with unrestricted general fund revenues includes those costs associated with plant maintenance and operations, facilities acquisition and construction, and facilities rents and leases, as defined in section 11969.2(h). For purposes of this section, facilities costs also includes:
(1) contributions from unrestricted general fund revenues to the school district's Ongoing and Major Maintenance Account (Education Code section 17070.75), Routine Restricted Maintenance Account (Education Code section 17014), and/or deferred maintenance fund,
(2) costs paid from unrestricted general fund revenues for projects eligible for funding but not funded from the deferred maintenance fund, and
(3) costs paid from unrestricted general fund revenue for replacement of facilities-related furnishings and equipment, that have not been included in paragraphs (1) and (2), according to school district schedules and practices.
For purposes of this subdivision, facilities costs do not include any costs that are paid by the charter school, including, but not limited to, costs associated with ongoing operations and maintenance and the costs of any tangible items adjusted in keeping with a customary depreciation schedule for each item.
(b) For purposes of this section, the cost of facilities shall include debt service costs.
(c) “Space allocated by the school district to the charter school” shall include a portion of shared space where a charter school shares a campus with a school district-operated program. Shared space includes, but is not limited to, those facilities needed for the overall operation of the campus, whether or not used by students. The portion of the shared space to be included in the “space allocated by the school district to the charter school” shall be calculated based on the amount of space allocated for the exclusive use of the charter school compared to the amount of space allocated to the exclusive use of the school-district-operated program.
(d) The per-square-foot charge shall be determined using actual facilities costs in the year preceding the fiscal year in which facilities are provided and the largest amount of total space of the school district at any time during the year preceding the fiscal year in which facilities are provided.
(e) The per-square-foot charge shall be applied equally by the school district to all charter schools that receive facilities under this article, and a charter school using school district facilities pursuant to Education Code section 47614 shall report the per-square-foot charge it is paying in the current fiscal year to the California Department of Education (CDE) in any notification the charter school makes to the CDE pursuant to Education Code section 47630.5(b). The CDE shall post the per-square-foot amounts reported by charter schools on its publicly accessible Web site. The CDE shall offer the opportunity to each school district to provide explanatory information regarding its per-square-foot charge and shall post any information received.
(f) If a school district charges a charter school for facilities costs pursuant to this article, and if the district is the charter school's authorizing entity, the facilities are not substantially rent free within the meaning of Education Code section 47613, and the district may only charge for the actual costs of supervisorial oversight of the charter school not to exceed one percent of the school's revenue.
NOTE
Authority cited: Sections 33031 and 47614(b), Education Code. Reference: Sections 17014, 17070.75, 47613, 47614 and 47630.5, Education Code.
HISTORY
1. New section filed 7-30-2002; operative 8-29-2002 (Register 2002, No. 31).
2. Amendment of section and Note filed 2-28-2008; operative 3-29-2008 (Register 2008, No. 9).
§11969.8. Reimbursement Rates for Over-Allocated Space.
Note • History
(a) Space is considered to be over-allocated if (1) the charter school's actual in-district classroom ADA is less than the projected in-district classroom ADA upon which the facility allocation was based and (2) the difference is greater than or equal to a threshold ADA amount of 25 ADA or 10 percent of projected in-district classroom ADA, whichever is greater. The per-pupil rate for over-allocated space shall be equal to the statewide average cost avoided per pupil set pursuant to Education Code section 42263 for 2005-06, adjusted annually thereafter by the CDE by the annual percentage change in the general-purpose entitlement to charter schools calculated pursuant to Education Code section 47633, rounded to the next highest dollar, and posted on the CDE Web site. The reimbursement amount owed by the charter school for over-allocated space shall be equal to (1) this rate times the difference between the charter school's actual in-district classroom ADA and the projected in-district classroom ADA upon which the facility allocation was based, less (2) this rate times one-half the threshold ADA. For purposes of this subdivision, the actual in-district classroom ADA shall be determined using the report submitted pursuant to section 11969.9(l) in conjunction with the second principal apportionment under Education Code section 41601.
(b) A charter school must notify the school district when it anticipates that it will have over-allocated space that could be used by the school district. Upon notification by a charter school that the charter school anticipates having over-allocated space, a school district may elect to use the space for school district programs. The school district must notify the charter school whether or not it intends to use the over-allocated space within 30 days of the notification by the charter school. If the school district notifies the charter school that it intends to use all or a portion of the over-allocated space, payments for over-allocated space and pro rata share payments shall be reduced accordingly beginning at the time of the school district notification to use the space. If the school district notifies the charter school that it does not intend to use the space, the charter school must continue to make payments for over-allocated space and pro rata share payments. The school district may, at its sole discretion, reduce the amounts owed by the charter school.
(c) With respect to charter schools established at existing public school sites pursuant to Education Code sections 47605(a)(2), 52055.5, 52055.55, or 52055.650, the provisions of this section are limited by the applicable provisions of subdivisions (c) and (d) of section 11969.3.
NOTE
Authority cited: Sections 33031 and 47614(b), Education Code. Reference: Sections 41601, 42263, 47605, 47614, 47633, 52055.5, 52055.55 and 52055.650, Education Code.
HISTORY
1. New section filed 7-30-2002; operative 8-29-2002 (Register 2002, No. 31).
2. Amendment of subsection (a), new subsection (c) and amendment of Note filed 2-28-2008; operative 3-29-2008 (Register 2008, No. 9).
§11969.9. Procedures and Timelines for the Request for, Reimbursement for, and Provision of, Facilities.
Note • History
(a) A charter school must be operating in the school district as defined in Education Code section 47614 before it submits a request for facilities. A new or proposed new charter school is operating within the school district and, therefore, eligible to request facilities for a particular fiscal year only if it submitted its charter petition pursuant to Education Code sections 47605, 47605.5, 47605.6, or 47605.8 on or before November 1 of the fiscal year preceding the year for which facilities are requested. A new charter school is entitled to be allocated and/or provided access to facilities only if it receives approval of the petition before March 15 of the fiscal year preceding the year for which facilities are requested.
(b) To receive facilities during a particular fiscal year, a charter school must submit a written facilities request to the school district on or before November 1 of the preceding fiscal year.
(c)(1) The written facilities request consists of:
(A) reasonable projections of in-district and total ADA and in-district and total classroom ADA, based on ADA claimed for apportionment, if any, in the fiscal year prior to the fiscal year in which the facilities request is made, adjusted for expected changes in enrollment in the forthcoming fiscal year;
(B) a description of the methodology for the projections;
(C) if relevant (i.e., when a charter school is not yet open or to the extent an operating charter school projects a substantial increase in in-district ADA), documentation of the number of in-district students meaningfully interested in attending the charter school that is sufficient for the district to determine the reasonableness of the projection, but that need not be verifiable for precise arithmetical accuracy;
(D) the charter school's operational calendar;
(E) information regarding the district school site and/or general geographic area in which the charter school wishes to locate; and
(F) information on the charter school's educational program, if any, that is relevant to assignment of facilities.
(2) Projections of in-district ADA, in-district classroom ADA, and the number of in-district students shall be broken down by grade level and by the school in the school district that the student would otherwise attend.
(3) School districts may require the charter school to submit its facilities request containing the information specified in paragraphs (1) and (2) on a form available from the CDE and developed in consultation with the Advisory Commission on Charter Schools (ACCS) or another form specified by the school district. School districts may also require the charter school either to distribute a reasonable number of copies of the written facilities request for review by other interested parties, such as parents and teachers, or to otherwise make the request available for review.
(d) The school district shall review the charter school's projections of in-district and total ADA and in-district and total classroom ADA and, on or before December 1, express any objections in writing and state the projections the district considers reasonable. If the district does not express objections in writing and state its own projections by the deadline, the charter school's projections are no longer subject to challenge, and the school district shall base its offer of facilities on those projections.
(e) On or before January 2, the charter school shall respond to any objections expressed by the school district and to the district's projections provided pursuant to subdivision (d). The charter school shall reaffirm or modify its previous projections as necessary to respond to the information received from the district pursuant to subdivision (d). If the charter school does not respond by the deadline, the district's projections provided pursuant to subdivision (d) are no longer subject to challenge, and the school district shall base its offer of facilities on those projections.
(f) On or before February 1, the school district shall prepare in writing a preliminary proposal regarding the space to be allocated to the charter school and/or to which the charter school is to be provided access. At a minimum, the preliminary proposal shall include (1) the projections of in-district classroom ADA on which the proposal is based, (2) the specific location or locations of the space, (3) all conditions pertaining to the space, including a draft of any proposed agreement pertaining to the charter school's use of the space, and (4) the projected pro rata share amount and a description of the methodology used to determine that amount. The district shall also provide the charter school a list and description of the comparison group schools used in developing its preliminary proposal, and a description of the differences between the preliminary proposal and the charter school's facilities request as submitted pursuant to subdivision (b).
(g) On or before March 1, the charter school shall respond in writing to the school district's preliminary proposal made pursuant to subdivision (f), expressing any concerns, addressing differences between the preliminary proposal and the charter school's facilities request as submitted pursuant to subdivision (b), and/or making counter proposals.
(h) On or before April 1, having reviewed any concerns and/or counter proposals made by the charter school pursuant to subdivision (g), the school district shall submit in writing a final notification of the space offered to the charter school. The notification shall include a response to the charter school's concerns and/or counter proposals (if any). The notification shall specifically identify:
(1) the teaching station, specialized classroom space, and non-teaching station space offered for the exclusive use of the charter school and the teaching station, specialized classroom space, and non-teaching station space to which the charter is to be provided access on a shared basis with district-operated programs;
(2) for shared space, the arrangements for sharing;
(3) the in-district classroom ADA assumptions for the charter school upon which the allocation is based and, if the assumptions are different than those submitted by the charter school pursuant to subdivision (e), a written explanation of the reasons for the differences;
(4) the specific location or locations of the space;
(5) all conditions pertaining to the space;
(6) the pro rata share amount; and
(7) the payment schedule for the pro rata share amount, which shall take into account the timing of revenues from the state and from local property taxes.
(i) The charter school must notify the school district in writing whether or not it intends to occupy the offered space. This notification must occur by May 1 or 30 days after the school district notification pursuant to subdivision (h), whichever is later. The charter school's notification can be withdrawn or modified before this deadline. After the deadline, if the charter school has notified the school district that it intends to occupy the offered space, the charter school is committed to paying the pro rata share amount as identified. If the charter school does not notify the school district by this deadline that it intends to occupy the offered space, then the space shall remain available for school district programs and the charter school shall not be entitled to use facilities of the school district in the following fiscal year.
(j) The space allocated to the charter school by the school district (or to which the school district provides the charter school access) must be furnished, equipped and available for occupancy by the charter school for a period of at least ten working days prior to the first day of instruction of the charter school. For good cause, the period is subject to reduction by the school district, but to no fewer than seven working days.
(k) The school district and the charter school shall negotiate an agreement regarding use of and payment for the space. The agreement shall contain at a minimum, the information included in the notification provided by the school district to the charter school pursuant to subdivision (h). In addition:
(1) The charter school shall maintain general liability insurance naming the school district as an additional insured to indemnify the school district for damage and losses for which the charter school is liable. The school district shall maintain first party property insurance for the facilities allocated to the charter school.
(2) The charter school shall comply with school district policies regarding the operations and maintenance of the school facility and furnishings and equipment.
(3) A reciprocal hold-harmless/indemnification provision shall be established between the school district and the charter school.
(4) The school district shall be responsible for any modifications necessary to maintain the facility in accordance with Education Code section 47610(d) or 47610.5.
(l) The charter school must report actual ADA to the school district every time that the charter school reports ADA for apportionment purposes. The reports must include in-district and total ADA and in-district and total classroom ADA. The charter school must maintain records documenting the data contained in the reports. These records shall be available on request by the school district.
NOTE
Authority cited: Sections 33031 and 47614(b), Education Code. Reference: Sections 47605, 47605.5, 47605.6, 47605.8, 47610, 47610.5 and 47614, Education Code.
HISTORY
1. New section filed 7-30-2002; operative 8-29-2002 (Register 2002, No. 31).
2. Amendment of section and Note filed 2-28-2008; operative 3-29-2008 (Register 2008, No. 9).
§11969.10. Mediation of Disputes.
Note • History
If a dispute arises between a school district and a charter school concerning the provisions of Education Code section 47614 or this article, nothing in this article shall preclude the dispute being subject to mediation in accordance with the procedures set forth in this section, if agreeable to both parties. Mediation consists of the following:
(a) The initiating party shall select a mediator, subject to the agreement of the responding party. If, though agreeing to mediation, the parties are unable to agree upon a mediator, the CDE shall be requested by the initiating party to appoint a mediator within seven days to assist the parties in resolving the dispute. The mediator shall meet with the parties as quickly as possible.
(b) Within seven days of the selection or appointment of the mediator, the party initiating the dispute resolution process shall prepare and send to both the responding party and the mediator a notice of dispute that shall include the following information:
(1) The name, address, and phone numbers of designated representatives of the parties;
(2) A statement of the facts of the dispute, including information regarding the parties' attempts to resolve the dispute;
(3) The specific sections of the statute or regulations that are in dispute; and
(4) The specific resolution sought by the initiating party.
(c) Within seven days of receiving the information specified in subdivision (b), the responding party shall file a written response.
(d)(1) The mediation procedure shall be entirely informal in nature. However, copies of exhibits upon which either party bases its case shall be shared with the other party. The relevant facts shall be elicited in a narrative fashion to the extent possible, rather than through examination and cross-examination of witnesses. The rules of evidence will not apply and no record of the proceedings will be made.
(2) If an agreement is reached, the agreement shall be reduced to writing and shall be signed by the school district and the charter school. The agreement shall not set a precedent for any other case.
(3) If the school district and the charter school fail to meet within the specified time line, have not reached an agreement within 15 days from the first meeting held by the mediator, or if the mediator declares the parties at impasse, the mediation is terminated.
(e) The costs of the mediation shall be divided equally by the two parties and paid promptly.
NOTE
Authority cited: Sections 33031 and 47614(b), Education Code. Reference: Section 47614, Education Code.
HISTORY
1. New section filed 2-28-2008; operative 3-29-2008 (Register 2008, No. 9). For prior history, see Register 2002, No. 37.
§11969.11. Operative Date of Changes.
Note • History
The changes to this article made during 2007 and 2008 and filed with the Secretary of State in February 2008 shall become operative with the requests submitted by charter schools during fiscal year 2008-09 for the use of facilities in fiscal year 2009-10.
NOTE
Authority cited: Sections 33031 and 47614(b), Education Code. Reference: Section 47614, Education Code.
HISTORY
1. New section filed 2-28-2008; operative 3-29-2008 (Register 2008, No. 9).
Subchapter 20. Education Technology Staff Development Program
Note • History
For purposes of the Education Technology Staff Development Program pursuant to Education Code sections 44730-44731 the following definitions shall apply:
(a) “Action plan” as used in Education Code section 44731(d) means a written document that outlines how the use of education technology will be integrated into the curriculum through the incorporation of education technology into any professional development. This plan should explain how education technology will be successfully included in existing professional development programs such as, the Instructional Time and Staff Development Reform Program, the beginning Teacher Support and Assessment Program; the Mentor Teacher Program; the Bilingual Teacher Training Program; Inter-segmental Staff Development; Demonstration Programs in Intensive Instruction; Teacher Instructional Training in Math; Reading Instruction Training in Grades 4-12; Special Education; Administrator Training; and, National Board Certification.
While each participating school must have an action plan for its grades 4 through 8 teachers and staff, the action plan may be developed at the school district level if that is how staff development program decisions have been made historically in the school district.
(b) “Classroom” as used in Education Code section 44731(a) means a room in which students in grades 4 through 8 receive core curriculum instruction for some or all of the school day. Core curriculum instruction includes language arts, math, science, and history. Excluded from this definition of classroom are libraries, computer labs, multi-purpose rooms and gymnasiums.
(c) “Internet access” as used in Education Code section 44731(a) means a networked connection to the Internet either through (1) one computer in the classroom that is also connected to an LCD panel, television, or other device that allows it to be viewed by the entire class or (2) all the computers in the classroom necessary to meet the definition of “sufficient number of computers in the classroom.” The number of classrooms with Internet access is determined on the date the local governing board certifies the application; however, connections to be completed under an E-Rate funding commitment letter by the end of the state fiscal year in which the application for this program is made may also be counted.
(d) “Sufficient number of computers” as used in Education Code section 44731(a) means one computer per ten students in the classroom. The number of computers per classroom is determined on the date the local governing board certifies the application.
(e) “Up-to-date computers” as used in Education Code section 44731(a) means multimedia computers with access to a CD-ROM, internally or over a network, that have the capacity to access web-based resources.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 44730 and 44731, Education Code.
HISTORY
1. New subchapter 20 (section 11970) and section filed 3-23-99 as an emergency; operative 3-23-99 (Register 99, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-21-99 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-23-99 order transmitted to OAL 7-21-99 and filed 8-31-99 (Register 99, No. 36).
Subchapter 20.5. Enhancing Education Through Technology Grant Program
Note • History
The purpose of these regulations is to set forth guidelines for program administration and allocation of funds to administer the competitive grants pursuant to the federal Enhancing Education Through Technology Act of 2001.
NOTE
Authority cited: Section 52295.30, Education Code. Reference: Sections 52295.10-52295.55, Education Code; Public Law 107-110, Title II, Part D, Sections 2401-2441; and 20 USC Sections 6751-6777.
HISTORY
1. New subchapter 20.5 (sections 11971-11979.5) and section filed 4-3-2003 as an emergency; operative 4-23-2003 (Register 2003, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2003 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-23-2003 order transmitted to OAL 7-15-2003 and filed 8-26-2003 (Register 2003, No. 35).
Note • History
For purposes of the Enhancing Education Through Technology (EETT) Competitive Grant pursuant to the federal No Child Left Behind (NCLB) legislation (Public Law 107-110, Title II, Part D, Sections 2401-2441), the following definition shall apply:
(a) “Not of sufficient size to be effective” as used in Section 2412 of the federal No Child Left Behind legislation (Public Law 107-110, Title II, Part D) means that a district received less than $10,000 in funding from the EETT formula-funded grant.
NOTE
Authority cited: Section 52295.30, Education Code. Reference: Public Law 107-110, Title II, Part D, Section 2412; and 20 USC Section 6762.
HISTORY
1. New section filed 4-3-2003 as an emergency; operative 4-23-2003 (Register 2003, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2003 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-23-2003 order transmitted to OAL 7-15-2003 and filed 8-26-2003 (Register 2003, No. 35).
Note • History
For purposes of the requirements for the competitive Education Technology Grant Program established by Senate Bill 192 (Education Code sections 52295.10-52295.55), the following definitions shall apply:
(a) “School district” as used in SB 192 (O'Connell), Education Code section 52295.25, for purposes of EETT competitive grant eligibility, means a school district, a consortium of school districts, a county office of education, or a direct-funded charter school (i.e., charter schools in which the state warrant will be drawn in favor of the county superintendent of schools of the county in which the charter approving Local Education Agency (LEA) is located and deposited in the appropriate fund or account of the charter school) that meet all of the following criteria:
(1) It is among the school districts in the state with the highest number or percentage of children from families with an income below the poverty line established by the federal Director of the Office of Management and Budget, as annually revised by the Secretary of Health and Human Services; and
(2) It serves pupils in grades 4 to 8, inclusive, except as specified in subdivision (c) of Education Code section 52295.35; and
(3) It meets either of the following two criteria:
(A) It operates one or more schools identified for improvement or corrective action under Section 1116 of the federal No Child Left Behind Act of 2001 (Public Law 107-110) (schools are listed on the California Department of Education website (http://www.cde.ca.gov/iasa/titleone/pi/query.asp); or
(B) It has a substantial need for assistance in acquiring and using technology.
(b) “Substantial need for assistance in acquiring and using technology” as used in SB 192 (O'Connell), Education Code section 52295.25(a)(2)(B), means having either an average of 10:1 student-to-multimedia computer ratio or greater in schools serving grades 4-8 in the district or an average of less than 50% of classrooms connected to the Internet in schools serving grades 4-8 in the district as determined by the California School Technology Survey for the year prior to the grant award. Technology purchased through the School Renovation Technology Grant will be considered when calculating the student-to-multimedia computer ratio.
(c) “Eligible schools” as used in SB 192 (O'Connell), Education Code section 52295.35(a), means schools from eligible school districts that serve students in grades 4-8.
(d) “Small schools” as used in SB 192 (O'Connell), Education Code section 52295.35(c), means schools that have 300 or fewer pupils in all grades served.
(e) “Minimum grant levels for a small school” as used in SB 192 (O'Connell), Education Code section 52295.35 (c), means an implementation grant base amount of $25,000 for 1-100 eligible pupils plus $300 per eligible pupil in excess of the first 25 eligible pupils; an implementation grant base amount of $15,000 for 101-200 eligible pupils plus $300 per eligible pupil in excess of the first 25 eligible pupils; and an implementation grant base amount of $10,000 for 201-300 eligible pupils, plus $300 per eligible pupil in excess of the first 25 eligible pupils.
(f) “Amount of funding for grants available to each region” as used in SB 192 (O'Connell), Education Code section 52295.35(a), means the proportional enrollment of grade 4-8 pupils, in eligible districts from each of the eleven California Technology Assistance Project (CTAP) regions. (See the California Department of Education (CDE) website: <http://www.cde.ca.gov/edtech/ctap.htm>.)
(g) “Successfully completes” as used in SB 192 (O'Connell), Education Code section 52295.35(d), means the school district has met or made significant progress (accomplished 70% or greater of each required benchmark included in the Enhancing Education Through Technology (EETT) Competitive grant application as well as any additional benchmark(s) added by the Local Education Agency (LEA)) in meeting its end-of-grant award accountability measures and will be eligible to apply for the one-time follow-up grant award, depending on funding availability.
(h) “Accountability measures” as used in SB 192 (O'Connell), Education Code Section 52295.45(e), means the following six performance goal benchmarks:
(1) The percentage of students in the target group that demonstrate an increase in their use of technology as a tool to support meeting or exceeding academic content standards will increase from a baseline of <provided by school district>% in the first year of the grant award to <provided by school district>% by the date specified in the EETT Competitive grant application to <provided by school district>% by the end of the second implementation grant as specified in the EETT Competitive application and defined in Section 11973(i).
(2) Teachers in the target group who participated in professional development on education technology will demonstrate an increase in their proficiency in the use of technology as a tool for teaching and learning from a baseline of <provided by school district>% in the first year of the grant award to <provided by school district>% by the date specified in the EETT Competitive grant application and to <provided by school district>% by the end of the second implementation grant as specified in the EETT Competitive application and defined in Section 11973(i).
(3) Teachers in the target group participating in professional development on education technology will increase their use of technology as a tool to support student academic achievement from a baseline of <provided by school district>% in the first year of the grant award to <provided by school district>% by the date specified in the EETT Competitive grant application and to <provided by school district>% by the end of the second implementation grant as specified in the EETT Competitive application and defined in Section 11973(i).
(4) The average student-to-multimedia computer ratio at funded schools in the application will decrease from a baseline of <ratio provided by school district>% in the first year of the grant award to <ratio provided by school district> by the date specified in the EETT Competitive grant application and to <ratio provided by school district> by the end of the second implementation grant as specified in the EETT Competitive application and defined in Section 11973(i).
(5) The percentage of funded schools in the application with less than 50% of classrooms connected to the Internet will decrease from a baseline of <provided by school district>% in the first year of the grant award to <provided by school district>% by the date specified in the EETT Competitive grant application and to <provided by school district>% by the end of the second implementation grant as specified in the EETT Competitive application and defined in Section 11973(i).
(6) Describe the communication and collaboration utilizing technology that will be implemented or improved to support home, school, and community; how that implementation or improvement will be measured; and the benchmark that will be targeted.
(i) “Implementation grant” as used in SB 192 (O'Connell), Education Code Section 52295.35(c), means the EETT Competitive grant funding awarded to LEAs to implement, monitor and evaluate their comprehensive program as written in their approved applications. Each funding cycle for the EETT Competitive grant may have up to two implementation grants that total the complete grant award amount for the LEA.
(j) “Allotment” means the distribution of funds via payments to LEAs for the implementation grant(s). Allotments for implementation grant funds may be distributed to LEAs in not less than two payments nor more than four payments.
NOTE
Authority cited: Section 52295.30, Education Code. Reference: Sections 52295.10, 52295.20, 52295.25, 52295.35 and 52295.45, Education Code; Public Law 107-110, Title II, Part D, Sections 2403, 2412 and 2414; and 20 USC Sections 6753, 6762 and 6764.
HISTORY
1. New section filed 4-3-2003 as an emergency; operative 4-23-2003 (Register 2003, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2003 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-23-2003 order, including amendment of subsections (b), (f) and (h)(5), transmitted to OAL 7-15-2003 and filed 8-26-2003 (Register 2003, No. 35).
3. Amendment of subsections (g)-(h)(5) and new subsections (i) and (j) filed 5-24-2004; operative 5-24-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 22).
§11974. Eligibility Requirements.
Note • History
To be eligible for EETT competitive grant funding, applicants must:
(a) Meet the definition of a school district, as referenced above in Section 11973(a);
(b) Have a district technology plan as required by Education Code Sections 52295.35 and 51871.5 and by Public Law 107-110, Title II, Part D Section 2414 (20 USC Section 6764);
(c) Apply for the EETT competitive grant;
(d) Complete EETT Forms 1-7 (see Section 11975, (a)-(g)) and, when applicable Forms 8a, 8b, and 8c and 9, (see Section 11975, (h)-(k));
(e) Complete the application narrative;
(f) Submit the EETT Competitive application not later than the due date specified by the CDE to the California Department of Education, Education Technology Office, located at 1430 N Street, Sacramento, CA, 95814;
(g) Pass the CDE pre-screening for application completeness and format that includes having all of the required application components, including completed EETT Forms 1-9 as applicable, original signatures as needed, pages numbered according to format requirements; and
(h) Receive a minimum of 50% of the score possible on the EETT Scoring Criteria. Those criteria are incorporated by reference and were issued on April 9, 2003.
NOTE
Authority cited: Section 52295.30, Education Code. Reference: Sections 52295.10, 52295.20, 52295.25, 52295.30, 52295.35 and 52295.45, Education Code; Public Law 107-110, Title II, Part D, Sections 2403, 2412 and 2414; and 20 USC Sections 6753, 6762 and 6764.
HISTORY
1. New section filed 4-3-2003 as an emergency; operative 4-23-2003 (Register 2003, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2003 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-23-2003 order, including amendment of subsection (f) and Note, transmitted to OAL 7-15-2003 and filed 8-26-2003 (Register 2003, No. 35).
3. Amendment of subsection (f) filed 5-24-2004; operative 5-24-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 22).
§11975. Application Process and Requirements.
Note • History
The application will consist of EETT Forms 1 through 9 that provide information about the applicant. Each of the forms is listed below in subsections (a)-(k). Each of these forms is hereby incorporated by reference. The application will also consist of a narrative section, described below in subsection (l).
(a) Form 1, Application Title Page, revised August 26, 2003. This form must be signed and dated by the applicant's superintendent or designee. If the applicant is applying as part of a consortium and/or partnership, the lead agency name shall be given.
(b) Form 2, Certification Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters, and Drug-Free Workplace Requirements, revised April 9, 2003. This form must include the place of performance address, name of applicant, printed name, title, date, and signature of authorized representative.
(c) Form 3, Project Summary, revised August 26, 2003. The applicant must provide a concise description of the proposed comprehensive program planned through the EETT competitive grant. The summary must include (1) a statement of the overall intent of the program funds; (2) how the comprehensive program will support current school district efforts to promote teaching and enhance learning; and (3) how the program will be implemented.
(d) Form 4, Accountability Measures/Evaluation, revised August 26, 2003. The applicant must include information for the required performance benchmarks for each of the accountability measures, list the data source(s) (in addition to any data sources that are required), describe the data collection method to be used, and list the schedule for evaluation. The applicant may add additional performance goals and benchmarks beyond the six accountability measures listed on the form.
(e) Form 5, Strategies Chart, revised April 9, 2003. The applicant must describe the specific strategies and actions that will be implemented to achieve each of the performance goals and benchmarks referenced above. The benchmark date for the strategies/actions on Form 5 (referenced in Section 11975 (f): Time Line, Roles and Responsibilities for Key Personnel) must be included.
(f) Form 6, Time Line, Roles, and Responsibilities for Key Personnel, revised April 9, 2003. The applicant must include sufficient detail so that a clear process for implementation of the grant is outlined. At a minimum, applicants should include planning meetings, data collection dates, recruitment/selection for professional development leaders (i.e., coaches, mentors, facilitators), recruitment/selection for professional development program participants, selection/ordering of equipment and electronic learning resources, major milestones (including strategies/actions for achieving each of the program goals referenced in Section 11975 (e)) for program implementation.
(g) Form 7a, Budget for Years 1 and 2, revised August 26, 2003. The applicant must provide a listing and description for each object of expenditure to be acquired under this grant.
(h) Form 7b, Budget Narrative for Years 1 and 2, revised August 26, 2003. The applicant must provide a description of costs for each object of expenditure for which grant funding will be allocated.
(i) Form 8a, Priority List of Eligible Middle and Junior High Schools for Which the District, Consortium, and/or Partnership is Applying, revised August 26, 2003. As applicable, the applicant must list in priority order all the eligible middle and junior high schools serving grades 4-8 for which the district, consortium, and/or partnership is applying for funding. The applicant must also indicate whether the listed school or schools is/are a locally-funded charter school (i.e., charter schools that receive their funding through the LEA that approved the charter).
(j) Form 8b, Priority List of Eligible Elementary Schools for Which the District, Consortium, and/or Partnership is Applying, revised August 26, 2003. As applicable, the applicant must list in priority order all the eligible elementary schools serving grades 4-8 for which the district, consortium, and/or partnership is applying for funding, indicating whether the listed school or schools is/are a locally-funded charter school.
(k) Form 8c, Priority List of Eligible Other Schools Serving Grades 4-8 for Which the District, Consortium, and/or Partnership is Applying, revised August 26, 2003. As applicable, the applicant must list in priority order all the other schools serving grades 4-8 for which the district, consortium, and/or partnership is applying for funding, indicating whether the listed school or schools is/are a locally-funded charter school.
(l) Form 9, Consortium and/or Partnership Applicants, revised August 26, 2003. As applicable, the applicant must identify the lead school district and list all applicants within the consortium and/or partnership.
(m) The Application Narrative must include the following sections:
(1) Program for Students;
(2) Professional Development;
(3) Expanded Access for Electronic Learning Resources, Including Infrastructure, Equipment, and Technical Support;
(4) Communication and Collaboration with Home, School, and Community; and
(5) Evaluation.
(n) The application narrative sections are described in (1) through (5) below:
(1) Program for Students. This section includes the program description, number of students who will participate in the program, grade levels of students who will participate in the program, curricular area(s) of focus for students, integration of technology to support all students in the target group in meeting or exceeding state academic content standards, and administrative commitment to the program for students.
(2) Professional Development. This section includes the research-based professional development program design and description, the number of teachers who will participate, whether the program will be expanded over time to include additional teachers, and administrative commitment to the professional development program.
(3) Expanded Access to Electronic Learning Resources, Including Infrastructure, Equipment and Technical Support. This section includes information about the current status of technology access, including the ratio of access to technology for teachers and students, how many grade 4-8 classrooms are connected to the Internet, where the technology will be placed, integration of technology, technology acquisition, and administrative commitment to expanding access.
(4) Communication and Collaboration Among Home, School, and Community. This section includes information about collaboration and partnerships (i.e., higher education, school districts that have effectively integrated technology and proven teaching strategies based on a review of relevant research into instruction, public or private non-profit organizations with demonstrated expertise in the application of educational technology in education, CTAP) that includes how they support students' learning needs, add value to the comprehensive program, and whether there is administrative commitment for communication and collaboration among home, school, and community.
(5) Evaluation. This section includes information regarding the process to collect and evaluate data related to all of the accountability measures. The evaluation process and results will be utilized to form the basis of a continuous review, refinement, and improvement cycle for the comprehensive program. The evaluation plan also provides a process that will assist CDE in documenting goals and benchmarks to determine eligibility for the one-time follow-up grant.
NOTE
Authority cited: Section 52295.30, Education Code. Reference: Sections 52295.20, 52295.30, 52295.35, 52295.45 and 52295.50, Education Code.
HISTORY
1. New section filed 4-3-2003 as an emergency; operative 4-23-2003 (Register 2003, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2003 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-23-2003 order, including amendment of section, transmitted to OAL 7-15-2003 and filed 8-26-2003 (Register 2003, No. 35).
3. Amendment filed 5-24-2004; operative 5-24-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 22).
§11976. District Technology Plan Requirement.
Note • History
Before receiving funding for the EETT competitive grant, applicants must have a district technology plan as required by Education Code sections 52295.35 and 51871.5 and by Public Law 107-110, Title II, Part D Section 2414 (20 USC Section 6764).
NOTE
Authority cited: Section 52295.30, Education Code. Reference: Sections 52295.35 and 51871.5, Education Code; Public Law 107-110, Title II, Part D, Section 2414; and 20 USC Section 6764.
HISTORY
1. New section filed 4-3-2003 as an emergency; operative 4-23-2003 (Register 2003, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2003 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-23-2003 order transmitted to OAL 7-15-2003 and filed 8-26-2003 (Register 2003, No. 35).
Note • History
Funds will be competitively awarded on a geographic basis conforming to the 11 CTAP regions, as referenced above in Section 11973(f). Applicants within each region will compete against other applicants from that region. The amount of funding available for each region is based upon the California Basic Educational Data System (CBEDS) data two years prior to the grant award to determine grade 4-8 enrollment. Actual grant awards to school districts will be based on CBEDS data for one year prior to the grant award. Technology survey data will be used to determine the current student-to-multimedia computer ratio and compare to the request for additional technology within the application. Allocations are determined through the following procedure:
(a) Listing of districts serving grades 4-8 in the state with the highest number of children from families with an income below the poverty line established by the federal Director of the Office of Management and Budget;
(b) Listing of districts serving grades 4-8 in the state with the highest percentage of children from families with an income below the poverty line established by the federal Director of the Office of Management and Budget;
(c) Merging the top third of the districts from each list to determine final eligibility list;
(d) Removing all districts that neither (1) operate one or more schools identified for improvement or corrective action under Section 1116 of the Federal No Child Left Behind Act of 2001 (Public Law 107-110), nor (2) have a substantial need for assistance in acquiring and using technology;
(e) Sorting the list by CTAP region;
(f) Determining the grade 4-8 enrollment for all districts remaining on the list, and
(g) Determining the proportionate amount of funding for each CTAP region based upon the total grade 4-8 enrollment for all districts remaining on the list.
NOTE
Authority cited: Sections 52295.30 and 52295.35, Education Code. Reference: Sections 52295.25 and 52295.35, Education Code.
HISTORY
1. New section filed 4-3-2003 as an emergency; operative 4-23-2003 (Register 2003, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2003 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-23-2003 order, including amendment of first paragraph, transmitted to OAL 7-15-2003 and filed 8-26-2003 (Register 2003, No. 35).
3. Amendment of first paragraph filed 5-24-2004; operative 5-24-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 22).
Note • History
Funding priority will be determined as follows:
(a) All scored applications will be grouped within each CTAP region by score percentage ranges (100-90, 89-80, 79-70, 69-60, and 59-50);
(b) Within each score percentage range, applications will be ranked as follows:
(1) Applications from school districts that received less than $10,000 in funding from the EETT formula grant will be ranked by score percentage and listed first. In the event of a tied score, the applicant with the higher substantial need for assistance in acquiring and using technology as determined by the California School Technology Survey will be listed first.
(2) Applications from school districts that received $10,000 or more from the EETT formula funding will be ranked by score percentage range and placed below the school districts that received less than $10,000 in EETT formula funding. In the event of a tied score, the applicant with the higher substantial need for assistance in acquiring and using technology as determined by the California School Technology Survey will be listed first.
(c) Starting with the 100-90 score percentage range and working downward, funding will then be allocated within each scoring percentage range to school districts based upon the middle and junior high schools contained in each application.
(d) If there is a balance remaining after all middle and junior high schools have been funded, starting with the 100-90 score percentage range and working downward, funding will next be allocated within each scoring percentage range to each school district based upon the elementary schools in each application.
(e) If there is a balance remaining after all elementary schools have been funded, starting with the 100-90 score percentage range and working downward, funding will be allocated within each score percentage range to each school district based upon the other schools serving grades 4-8 in the application.
School type will be verified prior to funding. School type will be determined based on the County District School (CDS) ownership code for each school listed on forms 8a, 8b, and 8c (see Section 11975(h)-(j)) as of the date the grant application is due. School districts that request a change of ownership code must have completed a Change Request for a County-District-School (CDS) Code (revised 6/2003), and submitted the form to the California Department of Education a minimum of 30 (thirty) working days prior to the grant application deadline to assure the correct ownership code can be validated.
NOTE
Authority cited: Section 52295.30, Education Code. Reference: Sections 52295.30 and 52295.35, Education Code; Public Law 107-110, Title II, Part D Section 2412; and 20 USC Section 6762.
HISTORY
1. New section filed 4-3-2003 as an emergency; operative 4-23-2003 (Register 2003, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2003 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-23-2003 order, including new final paragraph, transmitted to OAL 7-15-2003 and filed 8-26-2003 (Register 2003, No. 35).
3. Amendment of subsections (b)(1)-(2) filed 5-24-2004; operative 5-24-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 22).
§11979. Process for Awarding Grants.
Note • History
The process for awarding grants will be as follows:
(a) Applications will be read and scored with other applications from the same CTAP region after the application deadline by readers selected by CDE. Each reader will read and score the application against the Scoring Criteria. Those criteria are incorporated by reference and were issued on April 9, 2003. Readers will not read applications from their own CTAP region. If the readers' scores for the application are not more than 10 points apart, the two scores will be averaged to yield the final application score. If the readers' scores are more than 10 points apart, the application will be re-read and re-scored by a Chief Reader. The Chief Reader's score determination will be the final score.
(b) Awards for each successful applicant for the implementation grant will be made in two allotments as follows:
(1) One allotment for two-thirds of the grant award total.
(2) A second allotment for one-third of the grant award total.
(c) A one-time follow-up grant, depending on funding availability, may be awarded if the applicant successfully completes the implementation grant, as referenced in Section 11973(g). For schools not defined as “small school” as referenced above in Section 11973(d), the one-time follow-up grant may be in the amount of $45 per eligible pupil. For those defined as “small school” as referenced above in Section 11973(d), the one-time follow-up grant may be allocated:
(1) $6,000 for 1-100 eligible students;
(2) $10,000 for 101-200 eligible students;
(3) $13,500 for 201-300 eligible students.
(d) The one-time follow-up grant may be awarded, subject to funding availability, only after the CDE verifies that the LEA has met or made significant progress in meeting its accountability measures as referenced in Section 11973(g).
NOTE
Authority cited: Section 52295.30, Education Code. Reference: Sections 52295.10 and 52295.35, Education Code.
HISTORY
1. New section filed 4-3-2003 as an emergency; operative 4-23-2003 (Register 2003, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2003 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-23-2003 order, including amendment of subsections (b)(1)-(2), transmitted to OAL 7-15-2003 and filed 8-26-2003 (Register 2003, No. 35).
3. Amendment of subsections (b)-(c) and (d) filed 5-24-2004; operative 5-24-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 22).
Note • History
Pursuant to the federal No Child Left Behind (NCLB) legislation (Public Law 107-110, Title II, Part D, Sections 2415 and 2416) and SB 192 (O'Connell), Education Code section 52295.40, grantees shall use grant funds to provide the following:
(a) A minimum of 25% of the grant shall be used to provide sustained and intensive, high-quality professional development based on a review of relevant research in the integration of advanced technologies, including emerging technologies, into curricula and instruction and in using those technologies to create new learning environments.
(b) Remaining funds are to be utilized to implement and support the comprehensive program described in the application in a manner consistent with the federal Education Department Guidelines Administrative Regulations (EDGAR), located at 34 CFR Parts 76, 77, 80, 81, 82, 85, and 86 (http://www.access.gpo.gov/cgi-bin/cfrassemble.cgi?title= 199834) and with SB 192 (O'Connell), Education Code section 52295.40.
NOTE
Authority cited: Section 52295.30, Education Code. Reference: Sections 52295.20, 52295.35, 52295.40 and 52295.50, Education Code; Public Law 107-110, Sections 2415 and 2416; 20 USC 6765 and 6766; 34 CFR Parts 76, 77, 80, 81, 82, 85 and 86.
HISTORY
1. New section filed 4-3-2003 as an emergency; operative 4-23-2003 (Register 2003, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-1-2003 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-23-2003 order transmitted to OAL 7-15-2003 and filed 8-26-2003 (Register 2003, No. 35).
Subchapter 21. Mathematics and Reading Professional Development Program
Note • History
In addition to those teachers identified in Education Code section 99233, teachers who are employed in a public school, who hold a multiple-subject credential, and whose primary assignment is to teach in a classroom that is not self-contained shall be eligible to receive instruction in:
(a) Mathematics if their primary teaching assignment is mathematics, science, or both;
(b) Reading if their primary teaching assignment is reading/language arts, social science, or both.
NOTE
Authority cited: Section 99236, Education Code. Reference: Section 99233, Education Code.
HISTORY
1. New subchapter 21 (sections 11980-11986) and section filed 3-25-2002 as an emergency; operative 3-25-2002 (Register 2002, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-23-2002 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-25-2002 order transmitted to OAL 7-3-2002 and filed 8-15-2002 (Register 2002, No. 33).
3. Renumbering of former section 11980 to section 11982 and renumbering and amendment of former section 11981 to section 11980 filed 11-19-2007; operative 11-19-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 47).
§11981. Funding Allocation for Program Training Pursuant to Education Code Section 99237.
Note • History
(a) Funds issued to a Local Educational Agency (LEA) for mathematics or reading/language arts training pursuant to Education Code section 99237 shall be used for expenses related to program training in accordance with that section. If an LEA has any remaining program funds after paying for program training, then those funds shall be spent for additional program training pursuant to Education Code section 99237 or for other professional development related to mathematics or reading/language arts.
(b) At the end of each state fiscal year, the California Department of Education (CDE) shall accrue any remaining balance in the appropriations for this program until funding reverts for a state fiscal year. Accrued funding shall be used only to pay for training completed during the same state fiscal year in which the accrued funding was appropriated. CDE shall allocate accrued funding pursuant to Education Code section 99234.
(c) Current-year funding shall be allocated in accordance with Education Code section 99234(e).
(d) Reimbursement for program training is limited to those teachers who provide direct instruction to pupils on either a part-time or full-time basis.
(e) Of the $1,000 stipend per qualified training that an LEA may pay a teacher, no more than $500 may be paid upon completion of the 40 hours of initial training, and no more than $500 may be paid upon completion of the 80 hours of follow-up professional development.
NOTE
Authority cited: Section 99236, Education Code. Reference: Sections 99233, 99234 and 99237, Education Code.
HISTORY
1. New section filed 3-25-2002 as an emergency; operative 3-25-2002 (Register 2002, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-23-2002 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-25-2002 order transmitted to OAL 7-3-2002 and filed 8-15-2002 (Register 2002, No. 33).
3. Amendment filed 11-4-2004; operative 11-4-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 45).
4. Renumbering of former section 11981 to section 11980 and renumbering of former section 11982 to section 11981, including amendment of section heading, section and Note, filed 11-19-2007; operative 11-19-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 47).
§11981.3. Funding Allocation for Teachers of English Learners.
Note • History
(a) Program funds issued to an LEA for the 40-hour English learner (EL) professional development for teachers of EL pupils shall be used for the EL professional development program described in Education Code section 99237.5. If an LEA has any remaining program funds after paying for EL professional development, then those funds shall be spent for additional EL professional development pursuant to Education Code section 99237.5 or for other professional development which focuses on improving the delivery of mathematics or reading/language arts instruction to EL pupils.
(b) At the end of each state fiscal year, the CDE shall accrue any remaining balance in the appropriations for this program until funding reverts for a state fiscal year. Accrued funding shall be used only to pay for training completed during the same state fiscal year in which the funding was appropriated. From funds appropriated in the annual Budget Act for Education Code section 99237.5 in a given state fiscal year, the CDE shall allocate accrued funding as follows:
(1) Claims for EL training that are postmarked or faxed to the CDE by November 15th of the following state fiscal year and that meet at least one of the three funding criteria specified in Education Code section 99237.5(c) shall receive first priority for funding. An LEA shall indicate on the claim each criterion under which it qualifies for priority in funding. If funding is insufficient to fully fund all of these claims, then the CDE shall prorate the funds. The proration shall consist of first dividing the funds appropriated in the annual Budget Act by the product of $1,250 and the total number of teachers who received EL training as reflected in these first priority claims. The resulting number shall then be multiplied by 100 to determine the maximum percentage of an LEA's trained teachers for which reimbursement may be made pursuant to this subdivision. As it deems necessary, the CDE may adjust the percentage, which shall apply equally to all LEAs, to ensure that the amount appropriated in the annual Budget Act is not exceeded.
(2) If funding remains after paying all the claims specified in subdivision (b)(1), then claims for EL training that are postmarked or faxed to the CDE by November 15th of the following state fiscal year and that do not meet any of the funding criteria specified in Education Code section 99237.5(c) shall receive second priority for funding. If funding is insufficient to fully fund all of these claims, then the CDE shall prorate the funds. The proration shall consist of first dividing the remaining funds by the product of $1,250 and the total number of teachers who received EL training as reflected in these second priority claims. The resulting number shall then be multiplied by 100 to determine the maximum percentage of an LEA's trained teachers for which reimbursement may be made pursuant to this subdivision. As it deems necessary, the CDE may adjust the percentage, which shall apply equally to all LEAs, to ensure that the amount appropriated in the annual Budget Act is not exceeded.
(3) If funding remains after paying all the claims specified in subdivisions (b)(1) and (b)(2), then claims for EL training that are postmarked or faxed to the CDE after November 15th of the following state fiscal year shall be funded on a first-come-first-served basis according to the date the claim is postmarked or faxed and provided the claim is postmarked or faxed by the second March 1st date after the November 15th date in this subdivision. If funding is insufficient to fully fund all the claims received on the same day, then the CDE shall prorate the funds. The proration shall consist of first dividing the remaining funds by the product of $1,250 and the total number of teachers who received EL training as reflected in the claims received by the CDE on that day. The resulting number shall then be multiplied by 100 to determine the maximum percentage of an LEA's trained teachers for which reimbursement may be made pursuant to this subdivision. As it deems necessary, the CDE may adjust the percentage, which shall apply equally to all LEAs, to ensure that the amount appropriated in the annual Budget Act is not exceeded.
(c) If a teacher elects to count the completion of 40-hours EL professional development towards the 80 hours of follow-up professional development described in Education Code section 99237, the LEA may request $1,250 reimbursement after the teacher has completed the 40-hours EL professional development and another $1,250 reimbursement after the teacher has completed the remaining 40 hours of the 80 hours of follow-up professional development. Of these amounts, the LEA may issue an individual teacher stipend up to $500 after completion of the 40-hours EL professional development and up to another $500 after completion of the remaining 40 hours of the 80 hours of the follow-up professional development.
(d) A claim transmitted to the CDE by facsimile during the hours of 12:00 midnight to 5 p.m. is deemed faxed on the date received. A claim that begins transmission on or after 5:01 p.m. is deemed faxed on the next regular business day.
NOTE
Authority cited: Section 99236, Education Code. Reference: Sections 99233, 99234 and 99237.5, Education Code.
HISTORY
1. New section filed 11-19-2007; operative 11-19-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 47).
§11981.5. Funding Limitations.
Note • History
(a) Funding for training pursuant to Education Code section 99237 shall be limited to one 120-hour sequence of professional development divided into 40 hours of initial training and 80 hours of follow-up professional development per subject area for each teacher eligible to receive instruction as set forth in Education Code section 99233 and California Code of Regulations, title 5, section 11980. In addition to the funding available under Education Code section 99237, funding for EL training pursuant to Education Code section 99237.5 is limited to a total of 40 hours for each teacher of EL pupils.
(b) Program funding shall be limited to one training per subject area for each paraprofessional and instructional aide eligible to receive instruction as set forth in Education Code section 99233.
(c) Notwithstanding subdivision (a), the State Superintendent of Public Instruction shall also award funding pursuant to Education Code section 99234 for additional professional development training to eligible teachers if any of the following conditions applies:
(1) The LEA has adopted a new instructional materials program and approved training is available for the new program;
(2) The teacher's assignment has changed; or
(3) The teacher's course assignment has changed to an area in which the teacher has not previously received the applicable training.
NOTE
Authority cited: Section 99236, Education Code. Reference: Sections 99233, 99234, 99237 and 99237.5, Education Code.
HISTORY
1. Renumbering of former section 11985 to section 11981.5, including amendment of section heading, section and Note, filed 11-19-2007; operative 11-19-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 47).
§11982. Local Education Agencies' Assurances of Compliance.
Note • History
In addition to the assurances specified in Education Code section 99237(a), an LEA applying for funding from the Mathematics and Reading Professional Development Program shall provide assurances to the California State Board of Education (SBE) that:
(a) It has read and is familiar with the regulations governing the program, which include California Code of Regulations, title 5, sections 11980 through 11985.6;
(b) It will retain and provide all information, including preprogram and postprogram pupil achievement data, required for the interim and final reports to the Legislature as required by Education Code section 99237.5 and 99240; and
(c) It will retain all records related to the professional development provided to participants in the program for no less than five years, and that these records will include, but not be limited to:
(1) The number of hours of training attended;
(2) Attendence records;
(3) Subject content;
(4) The dates of each training session taken by teachers, instructional aides, and paraprofessionals; and
(5) The name/s of the providers.
NOTE
Authority cited: Section 99236, Education Code. Reference: Sections 99233, 99234, 99237, 99237.5 and 99240, Education Code.
HISTORY
1. New section filed 3-25-2002 as an emergency; operative 3-25-2002 (Register 2002, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-23-2002 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-25-2002 order transmitted to OAL 7-3-2002 and filed 8-15-2002 (Register 2002, No. 33).
3. Renumbering of former section 11982 to section 11981 and renumbering and amendment of former section 11980 to section 11982, including amendment of section heading, section and Note, filed 11-19-2007; operative 11-19-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 47).
§11982.5. Local Educational Agencies as a Consortium.
Note • History
For purposes of the Mathematics and Reading Professional Development Program, a county office of education may coordinate a consortium of school districts that functions as a single LEA.
NOTE
Authority cited: Section 99236, Education Code. Reference: Sections 99231, 99237 and 99237.5, Education Code.
HISTORY
1. Renumbering of former section 11986 to new section 11982.5 filed 11-19-2007; operative 11-19-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 47).
§11983. Instructional Materials.
Note • History
(a) Instructional materials used by an LEA for courses usually taught in grades kindergarten through 8, including algebra, must be adopted by the SBE unless otherwise authorized by the SBE. Non-adopted instructional materials are occasionally authorized for purchase and use by districts pursuant to the general waiver authority under Education Code sections 33050-33053 or the petition process under the authority of Education Code section 60200(g). Instructional materials used by an LEA for courses usually taught in grades 9 through 12, including algebra II and geometry, must be adopted by the governing board of the LEA.
(b) An LEA participating in the Mathematics and Reading Professional Development Program must provide each pupil with currently adopted instructional materials that are aligned to the state content standards in mathematics. An LEA participating in the program must provide each pupil with currently adopted instructional materials that are aligned to the state content standards in English/language arts in accordance with Education Code section 99237(a)(3)(A) and (B).
NOTE
Authority cited: Section 99236, Education Code. Reference: Sections 99237 and 99237.5, Education Code.
HISTORY
1. New section filed 3-25-2002 as an emergency; operative 3-25-2002 (Register 2002, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-23-2002 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-25-2002 order transmitted to OAL 7-3-2002 and filed 8-15-2002 (Register 2002, No. 33).
3. Amendment of section and Note filed 11-19-2007; operative 11-19-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 47).
§11983.5. Definition of Instructional Materials Otherwise Authorized by the California State Board of Education.
Note • History
(a) As used in Education Code section 99231(c), instructional materials “otherwise authorized” by the SBE include basic instructional materials as defined in Education Code section 60010(a) that have been determined to be in alignment with applicable content standards through a petition approved by the SBE after May 1, 2000, pursuant to Education Code section 60200(g).
(b) In addition, if the instructional materials program used by the LEA is a basic reading/language arts program (RLA), the instructional materials shall be deemed to be “otherwise authorized” provided the LEA certifies all of the following to the CDE prior to receiving the funding:
(1) The instructional materials were purchased by the district prior to the 2002 Reading/Language Arts/English Language Development Adoption (RLA/ELD);
(2) The LEA has in place specially designed instructional materials (component) to address the needs of EL pupils that is comparable to the instructional materials (component) approved and contained in the RLA/ELD programs adopted in January 2002 as approved by the SBE;
(3) The LEA's specially designed component to address the needs of EL pupils has been approved by the CDE for legal and social compliance pursuant to Education Code sections 60040-60048 and the SBE's “Standards for Evaluating Instructional Materials for Social Content” (2000 Edition) which is incorporated by reference; and
(4) The publishers have met all the requirements of Education Code section 60061, as applicable.
NOTE
Authority cited: Section 99236, Education Code. Reference: Section 99231, Education Code.
HISTORY
1. New section filed 6-28-2002 as an emergency; operative 6-28-2002 (Register 2002, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-2002 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-28-2002 order, including amendment of subsection (b), transmitted to OAL 10-24-2002 and filed 12-10-2002 (Register 2002, No. 50).
3. Amendment of section heading, section and Note filed 11-19-2007; operative 11-19-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 47).
§11984. Training Curriculum for the Initial Forty Hours.
Note • History
Training curriculum for training related to the initial forty hours of instruction described in Education Code section 99237 shall be based on the criteria contained in Education Code section 99237, subdivisions (a) and (b), and the requirements of this section. The owner of the training curriculum shall submit its curriculum to SBE or its designee for approval by the SBE and include the following:
(a) Instructional strategies designed to help all pupils gain mastery of the California academic content standards, with special emphasis on EL pupils and pupils with exceptional needs;
(b) A thorough review of the curriculum framework and academic content standards related to teaching mathematics or reading/language arts;
(c) Current and confirmed scientific research findings related to the instructional practices for mathematics or reading/language arts;
(d) Readings and discussions of other pertinent materials which address the value of the diagnostic nature of standardized tests, the Standardized Testing and Reporting (STAR) system, and the California High School Exit Exam (CAHSEE); and
(e) A thorough review of the adopted standards-based instructional materials program, which emphasizes the following:
(1) The material that is taught during the first six to eight weeks of instruction; and
(2) Instructional strategies that use the universal access and English language development (ELD) components of the program so that teachers will know and understand when and how to use them according to the instructional needs of all students.
NOTE
Authority cited: Section 99236, Education Code. Reference: Section 99237, Education Code.
HISTORY
1. New section filed 3-25-2002 as an emergency; operative 3-25-2002 (Register 2002, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-23-2002 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-25-2002 order transmitted to OAL 7-3-2002 and filed 8-15-2002 (Register 2002, No. 33).
3. Repealer and new section heading and section and amendment of Note filed 11-19-2007; operative 11-19-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 47).
§11984.5. Curriculum Review of the Initial Forty Hours.
Note • History
(a) Each training curriculum for training related to the initial forty hours of instruction described in Education Code section 99237 shall undergo a formal review process before being approved by the SBE. The review shall be based on Education Code section 99237, subdivisions (a)(2), (a)(4), and (b), California Code of Regulations, title 5, section 11984, and subdivision (c) of this section.
(b)The formal review process shall include a review panel consisting of two or more reviewers designated by the SBE and acting under its direction. To be a qualified reviewer, a reviewer shall have knowledge of information related to mathematics or reading, as applicable, including:
(1) Academic content standards;
(2) Curriculum frameworks;
(3) Instructional and teaching strategies included in the SBE adopted and standards-aligned core and ancillary instructional materials;
(4) Current and confirmed scientific research; and
(5) Linkage between curriculum and assessment with the use of standardized tests, curriculum-embedded assessments, the STAR system, the California English Language Development Test (CELDT), and CAHSEE for diagnostic information related to all pupils.
(c) The review panel shall review each training curriculum submission for its ability to produce the following learning outcomes for participants:
(1) Knowledge of grade level mathematics standards or English/language arts standards, including the ability to effectively teach such standards;
(2) Knowledge and understanding of how standards are supported through the curriculum frameworks in regard to differentiating instruction through universal access and teaching instructional strategies related to mathematics or reading/language arts;
(3) Knowledge and understanding of current and confirmed scientific research and various technology resources with regard to teaching mathematics or reading/language arts;
(4) Knowledge and understanding of the components of the STAR program and how student results impact and inform instruction;
(5) Familiarity with key reference materials included in the instructional materials;
(6) Knowledge and understanding of the use of daily lesson guides;
(7) Knowledge and understanding of how to teach all key instructional components;
(8) Familiarity with effective use of additional program support materials for all pupils, including but not limited to accelerated and advanced learners, EL pupils and pupils with exceptional needs; and
(9) Knowledge and understanding of how to analyze assessments included in the instructional materials for more effective instruction.
(d) If the review panel determines that the training curriculum meets the requirements referenced in this section based on documented findings, the review panel shall recommend approval of the curriculum to the SBE.
(e) If the review panel determines that the prospective provider's curriculum does not meet the requirements of this section based on documented findings, the review panel shall confer with the prospective provider to correct deficiencies for resubmission. The review panel shall confer with the prospective provider on as many occasions as the review panel deems productive. Thereafter, if the prospective provider's curriculum is deemed to meet the requirements of this section based on documented findings, the review panel shall recommend to the SBE that the prospective provider's curriculum be approved.
(f) In addition to any other lawful consideration, the SBE may base its approval or disapproval of a training curriculum upon any of the items referenced in this section or the recommendation of the review panel.
NOTE
Authority cited: Section 99236, Education Code. Reference: Section 99237, Education Code.
HISTORY
1. New section filed 11-19-2007; operative 11-19-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 47).
§11984.6. Training Providers of the Initial Forty Hours.
Note • History
(a) Each prospective training provider who seeks to provide training related to the initial forty hours of instruction described in Education Code section 99237 shall submit a written proposal to the SBE or its designee that includes the following:
(1) A complete, annotated, and scripted instructor's training curriculum notebook or manual which includes a timed agenda, all of the overheads or Power Point presentations used by the provider and instructor, and all materials to be included for each grade level or program/course level;
(2) A statement describing whether the training curriculum described in subdivision (a)(1) is either:
(A) Owned by the prospective provider; or
(B) Being used with the express written consent of the party that owns it.
(3) A statement identifying whether the training curriculum described in subdivision (a)(1) has already been approved by the SBE and, if so, the date of the SBE meeting;
(4) A provision that each attendee will be provided with a participant notebook or manual with required readings;
(5) A provision that a complete set of adopted grade level or program or course level materials, including both teacher and student as well as electronic components, will be available at each training session;
(6) A provision that participants will have an opportunity to make up the minimum time requirements of the training by providing the LEA with the provider's web page and/or training calendar, when available;
(7) A description of the training delivery methods, table and room set-up, and classroom structures that support adult learning theory and optimal learning;
(8) A descriptive breakdown of instructional time as follows:
(A) Thirty percent for presentation and direct instruction of academic content standards, curriculum framework, and approved instructional material's core and ancillary components, including universal access components;
(B) Forty percent for demonstrations and modeling of key routines to illustrate instructional strategies that ensure all pupils master the academic content standards, with emphasis on EL pupils and pupils with exceptional needs; and
(C) Thirty percent for practice, planning instruction based on data and student work, small and large group discussion, and other participant activities to reinforce learning.
(9) A provision that the ratio of participants to instructor(s) will not exceed 35 to 1;
(10) An estimate of the number of authorized instructors to deliver training over the next five years;
(11) A description of how it will collaborate with the LEA in planning and delivering the training which also ensures that the superintendent or his/her designee will be present during the training;
(12) A description of whether it plans to offer alternative training formats or delivery models to small, remote, or rural LEAs, including the option of webcast training;
(13) Evidence of the prospective provider's experience and qualifications to deliver its training curriculum, which may include evaluation data from past trainings and information demonstrating knowledge of state and federal programs, sanction and intervention processes, special education and EL pupils, and assessment literacy;
(14) Documentation of each lead instructor's experience and qualifications to deliver training;
(15) A description of its instructor selection and training process, including but not limited to how instructors are selected and trained to deliver its curriculum;
(16) A provision that attendance data will be collected and provided to the LEA, including the number of teachers, by credential type, who have received training on its curriculum;
(17) A provision that when major updates or revisions occur with curriculum, the prospective provider will not use the new material until after the material has been submitted for review pursuant to sections 11984 and 11984.5 and approved by the SBE; and
(18) A provision that it has read and will comply with the Mathematics and Reading Professional Development Program regulations found in California Code of Regulations, title 5, sections 11980 through 11985.6, as applicable.
(b) Each prospective training provider's written proposal shall undergo review by a review panel consisting of two or more reviewers designated by the SBE and acting under its direction. The review panel shall evaluate whether the prospective provider's written proposal contains each of the items identified in subdivision (a) and whether the written proposal demonstrates the prospective provider's ability to effectively deliver training. To be a qualified reviewer, a reviewer shall have knowledge of information related to mathematics or reading, as applicable, including:
(1) Academic content standards;
(2) Curriculum frameworks;
(3) Instructional and teaching strategies included in the SBE adopted and standards-aligned core and ancillary instructional materials;
(4) Current and confirmed scientific research; and
(5) Assessment linkage to curriculum.
(c) If the review panel determines that the prospective provider's written proposal satisfies the requirements of this section based on documented findings, the review panel shall recommend to the SBE that the prospective provider be approved as a provider.
(d) If the review panel determines that the prospective provider's written proposal does not meet the requirements of this section based on documented findings, the review panel shall confer with prospective provider to correct deficiencies for resubmission. The review panel shall confer with the prospective provider on as many occasions as the review panel deems productive. Thereafter, if the prospective provider's written proposal is deemed to meet the requirements of this section based on documented findings, the review panel shall recommend to the SBE that the prospective provider be approved as a provider.
(e) In addition to any other lawful consideration, the SBE may base its approval or disapproval of a prospective provider upon any of the items listed in this section or the recommendation of the review panel.
(f) A provider approved by the SBE pursuant to this section is only authorized to provide training using the training curriculum it submitted pursuant to subdivision (a).
NOTE
Authority cited: Section 99236, Education Code. Reference: Sections 99237 and 99240, Education Code.
HISTORY
1. New section filed 11-19-2007; operative 11-19-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 47).
§11985. Training Curriculum for English Learner Professional Development.
Note • History
Training curriculum related to the EL professional development described in Education Code section 99237.5 shall be based on the criteria contained in Education Code section 99237.5, subdivisions (a) and (b), and the requirements of this section. The owner of the training curriculum shall submit its curriculum to SBE or its designee for approval by the SBE and include the following:
(a) Foundational knowledge specifically designed to assist EL pupils to attain a high level of English language proficiency and mastery of the California mathematics and English/language arts academic content standards that emphasizes the following:
(1) Instructional strategies using SBE adopted instructional materials for kindergarten through grade eight, standards-aligned instructional materials for grades nine through twelve, and certified supplemental materials for English learners to assist teachers in understanding when and how to use them to address the instructional needs of all EL pupils;
(2) A thorough review of the specific sections of the curriculum frameworks that pertain to EL pupils, academic content standards, and ELD standards;
(3) Current and confirmed scientific research related to the instructional practices for EL pupils;
(4) Readings and discussions of other pertinent materials related to the language and literacy of EL pupils which address the value of the diagnostic nature of standardized tests, the STAR system, the CELDT, curriculum-embedded assessments, and the CAHSEE; and
(5) Essential components of a comprehensive program of ELD that include actively developing all domains of language, addressing various levels of English proficiency and academic English while creating a supportive learning environment for language learning.
(b) ELD instruction designed to meet the language and academic instructional needs of EL pupils that emphasizes the following:
(1) Effective use of the ELD components of the SBE adopted instructional materials for kindergarten through grade eight specifically designed to help teachers of EL pupils understand ELD content;
(2) Current and confirmed scientific research findings related to the instructional practices for second language learning;
(3) A thorough understanding of different levels of English language proficiency and how to plan instruction for each level;
(4) The planning of ELD instruction to effectively and efficiently use ELD standards and certified supplemental materials for English learners as tools for ELD instruction; and
(5) Development of vocabulary and language structures for purposeful oral and written communication that emphasizes structured opportunities for practice.
(c) Reading/language arts and content area instruction to help teachers of EL pupils understand and apply knowledge of linguistic structures to SBE adopted instructional materials for kindergarten through grade eight, standards-aligned instructional materials for grades nine through twelve, and certified supplemental materials for English learners that emphasizes the following:
(1) Knowledge of reading/language arts instruction to support EL pupils in oral language development, vocabulary development, and writing development;
(2) A thorough review and analysis of linguistic features;
(3) Contrastive analysis that leads to understanding the transfer of skills and concepts from one language to another;
(4) Text and lesson analysis for language and content demands; and
(5) Analysis of second language markers in oral and written language production to inform instruction.
NOTE
Authority cited: Section 99236, Education Code. Reference: Section 99237.5, Education Code.
HISTORY
1. New section filed 3-25-2002 as an emergency; operative 3-25-2002 (Register 2002, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-23-2002 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-25-2002 order transmitted to OAL 7-3-2002 and filed 8-15-2002 (Register 2002, No. 33).
3. Designation of existing section as subsection (a), new subsections (b)-(e) and amendment of Note filed 11-4-2004; operative 11-4-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 45).
4. Renumbering of former section 11985 to new section 11981.5 and new section 11985 filed 11-19-2007; operative 11-19-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 47).
§11985.5. Curriculum Review of English Learner Professional Development.
Note • History
(a) Each training curriculum for training pursuant to Education Code section 99327.5 shall undergo a formal review process before being approved by the SBE. The review shall be based on Education Code section 99237.5, subdivisions (a)(4) and (b), California Code of Regulations, title 5, section 11985, and subdivision (c) of this section.
(b) The formal review process shall include a review panel consisting of two or more reviewers designated by the SBE and acting under its direction. To be a qualified reviewer, a reviewer shall have experience teaching EL pupils and have knowledge of information related to mathematics or reading, as applicable, including:
(1) Academic content standards and ELD standards;
(2) Curriculum frameworks;
(3) Instructional and teaching strategies included in the SBE adopted and standards-aligned core and ancillary instructional materials;
(4) Current and confirmed scientific research and current and confirmed scientific research related to EL pupils;
(5) Certified supplemental materials for English learners; and
(6) Linkage between curriculum and assessment with the use of standardized tests, curriculum-embedded assessments, the STAR system, CELDT, and CAHSEE for diagnostic information related to EL pupils.
(c) The review panel shall review each training curriculum submission for its ability to produce the following learning outcomes for participants:
(1) Knowledge and understanding of the language and content demands required for EL pupils to access grade level appropriate academic content standards and ELD standards;
(2) Knowledge and understanding of how standards are supported through the curriculum frameworks in regard to differentiating instruction through universal access related to mathematics or reading/language arts for EL pupils;
(3) Knowledge and understanding of current and confirmed scientific EL research with regard to teaching mathematics or reading/language arts and ELD, including how to apply this research to classroom practice in order to increase student learning and language acquisition;
(4) Knowledge and understanding of how to analyze and use data from multiple measures, including the components of the STAR program, CELDT, and curriculum-embedded assessments and how student results impact and inform instruction for EL pupils;
(5) Knowledge and understanding of how to plan and teach ELD and monitor student progress at each level of English proficiency;
(6) Knowledge and understanding of how to teach the ELD components of the SBE adopted instructional materials for kindergarten through grade eight or standards-aligned instructional materials for grades nine through twelve;
(7) Demonstrate the ability to effectively and efficiently teach content standards using ELD standards and methodology to scaffold;
(8) Knowledge and understanding of oral language development, vocabulary development, and writing development;
(9) Knowledge and understanding of effective comprehension and instructional strategies to teach content through text and lesson analysis that support EL pupils in language development; and
(10) Knowledge and understanding of early intervention techniques for pupils experiencing difficulty.
(d) If the review panel determines that the training curriculum meets the requirements referenced in this section based on documented findings, the review panel shall recommend approval of the curriculum to the SBE.
(e) If the review panel determines that the prospective provider's curriculum does not meet the requirements of this section based on documented findings, the review panel shall confer with the prospective provider to correct deficiencies for resubmission. The review panel shall confer with the prospective provider on as many occasions as the review panel deems productive. Thereafter, if the prospective provider's curriculum is deemed to meet the requirements of this section based on documented findings, the review panel shall recommend to the SBE that the prospective provider's curriculum be approved.
(f) In addition to any other lawful consideration, the SBE may base its approval or disapproval of a training curriculum upon any of the items referenced in this section or the recommendation of the review panel.
NOTE
Authority cited: Section 99236, Education Code. Reference: Section 99237.5, Education Code.
HISTORY
1. New section filed 11-19-2007; operative 11-19-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 47).
§11985.6. Training Providers of English Learner Professional Development.
Note • History
(a) Each prospective training provider who seeks to provide training pursuant to Education Code section 99237.5 shall submit a written proposal to the SBE or its designee that includes the following:
(1) A complete, annotated, and scripted instructor's training curriculum notebook or manual which includes a timed agenda, all of the overheads or Power Point presentations used by the provider and instructor, and all materials to be included for each grade level, grade span, or program/course level;
(2) A statement describing whether the training curriculum described in subdivision (a)(1) is either:
(A) Owned by the prospective provider; or
(B) Being used with the express written consent of the party that owns it.
(3) A statement identifying whether the training curriculum described in subdivision (a)(1) has already been approved by the SBE and, if so, the date of the SBE meeting;
(4) A provision that each attendee will be provided with a participant notebook or manual with required readings;
(5) A provision that participants will have an opportunity to make up the minimum time requirements of the training by providing the LEA with the provider's web page and/or training calendar, when available;
(6) A description of the training delivery methods, table and room set-up, and classroom structures that support adult learning theory and optimal learning;
(7) A description of how the training design will equip participants with the necessary skills and knowledge to be fully prepared to use their standards-based SBE adopted instructional materials or standards-aligned instructional materials to teach EL pupils at their academic and language proficiency levels;
(8) A descriptive breakdown of instructional time as follows:
(A) Thirty percent for presentation and direct instruction of current and confirmed scientific research as related to the effective instruction of English learners, including the use of levels of language proficiency and the ELD standards to scaffold instruction, allowing access to core, grade-level content area instruction;
(B) Forty percent for demonstrations and modeling of key routines to illustrate instructional strategies that include whole and small group differentiated instruction by English language proficiency levels to ensure EL pupils' mastery of mathematics and English/language arts content standards, ELD standards, and academic language proficiency; and
(C) Thirty percent for practice, planning instruction based upon data and student work, small and large group discussion, and other participant activities to reinforce learning.
(9) A provision that the ratio of participants to instructor(s) does not exceed 35 to 1;
(10) An estimate of the number of authorized instructors to deliver training over the next five years;
(11) A description of how it will collaborate with the LEA in planning and delivering the training which also ensures that the superintendent or his/her designee will be present during the training;
(12) A description of whether it plans to offer alternative training formats or delivery models to small, remote, or rural LEAs, including the option of webcast training;
(13) Evidence of the prospective provider's experience and qualifications to deliver its training curriculum, which may include:
(A) Evaluation data from past trainings;
(B) Information demonstrating knowledge of state and federal programs, including sanction and intervention processes, and how they support and relate to EL academic achievement;
(C) Knowledge of standards-based SBE adopted instructional materials or standards-aligned instructional materials; and
(D) Knowledge of certified supplemental materials for English learners adopted pursuant to the Budget Act of 2004 and pursuant to Chapter 79 of the Statutes of 2006.
(14) Documentation of each lead instructor's experience and qualifications to deliver EL training;
(15) A description of its instructor selection and training process, including but not limited to how instructors are selected and trained to deliver its curriculum;
(16) A provision that attendance data will be collected and provided to the LEA, including the number of teachers, by credential type, who have received training on its curriculum;
(17) A provision that when major updates or revisions occur with curriculum, the prospective provider will not use the new materials until after the material has been submitted for review pursuant to sections 11985 and 11985.5 and approved by the SBE; and
(18) A provision that it has read and will comply with the Mathematics and Reading Professional Development Program regulations found in California Code of Regulations, title 5, sections 11980 through 11985.6, as applicable.
(b) Each prospective training provider's written proposal shall undergo review by a review panel consisting of two or more reviewers designated by the SBE and acting under its direction. The review panel shall evaluate whether the prospective provider's written proposal contains each of the items identified in subdivision (a) and whether the written proposal demonstrates the prospective provider's ability to effectively deliver training. To be a qualified reviewer, a reviewer shall have experience teaching EL pupils and have knowledge and information related to mathematics or reading, as applicable, including:
(1) Academic content standards and ELD standards;
(2) Curriculum frameworks;
(3) Instructional and teaching strategies included in the SBE adopted and standards-aligned core and ancillary instructional materials;
(4) Current and confirmed scientific research and current and confirmed scientific research related to EL pupils;
(5) Certified supplemental materials for English learners; and
(6) Linkage between curriculum and assessment with the use of standardized tests, curriculum-embedded assessments, the STAR system, CELDT, and CAHSEE for diagnostic information related to EL pupils.
(c) If the review panel determines that the prospective provider's written proposal satisfies the requirements of this section based on documented findings, the review panel shall recommend to the SBE that the prospective provider be approved as a provider.
(d) If the review panel determines that the prospective provider's written proposal does not meet the requirements of this section based on documented findings, the review panel shall confer with the prospective provider to correct deficiencies for resubmission. The review panel shall confer with the prospective provider on as many occasions as the review panel deems productive. Thereafter, if the prospective provider's written proposal is deemed to meet the requirements of this section based on documented findings, the review panel shall recommend to the SBE that the prospective provider be approved as a provider.
(e) In addition to any other lawful consideration, the SBE may base its approval or disapproval of a prospective provider upon any of the items listed in this section or the recommendation of the review panel.
(f) A provider approved by the SBE pursuant to this section is only authorized to provide training using the training curriculum it submitted pursuant to subdivision (a).
NOTE
Authority cited: Section 99236, Education Code. Reference: Sections 99237.5 and 99240, Education Code.
HISTORY
1. New section filed 11-19-2007; operative 11-19-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 47).
§11986. Eligible Local Educational Agencies. [Renumbered]
Note • History
NOTE
Authority cited: Section 99236, Education Code. Reference: Sections 44579.5, 99231 and 99237(e), Education Code.
HISTORY
1. New section filed 3-25-2002 as an emergency; operative 3-25-2002 (Register 2002, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-23-2002 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-25-2002 order transmitted to OAL 7-3-2002 and filed 8-15-2002 (Register 2002, No. 33).
3. Renumbering of former section 11986 to new section 11982.5 filed 11-19-2007; operative 11-19-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 47).
Subchapter 21.5. School Community Violence Prevention Program
Note • History
(a) These regulations fulfill a mandate of Education Code section 41513, which requires the State Superintendent of Public Instruction (SSPI) and the Attorney General to adopt regulations to implement the School Safety Consolidated Competitive Grant program established by sections 41510 through 41514 of the Education Code. This program consists of two competitive grant programs, which are hereinafter referred to as the School Community Violence Prevention (SCVP) Grant program and the School Safety and Violence Prevention Training Grant Program. The regulations shall specify application submission rules, criteria for scoring applications and awarding grants, allowable/non-allowable uses of grant funds, annual reporting requirements for grant recipients, and the manner in which grant recipients will be reimbursed for program expenditures.
(b) The program shall be jointly administered by the SSPI and the Attorney General's Office, through the School Law Enforcement Partnership (S/LEP), as authorized by Education Code section 32262.
NOTE
Authority cited: Sections 41510 and 41513, Education Code. Reference: Sections 41510 and 41512, Education Code.
HISTORY
1. New subchapter 21.5 (sections 11987-11987.7) and section filed 1-19-2006 as an emergency; operative 1-19-2006 (Register 2006, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-19-2006 or emergency language will be repealed by operation of law on the following day.
2. New subchapter 21.5 (sections 11987-11987.7) and section refiled 5-15-2006 as an emergency; operative 5-15-2006 (Register 2006, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-12-2006 or emergency language will be repealed by operation of law on the following day.
3. New subchapter 21.5 (sections 11987-11987.7) and section refiled 10-16-2006 as an emergency; operative 10-16-2006 (Register 2006, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-13-2007 or emergency language will be repealed by operation of law on the following day.
4. New subchapter 21.5 (sections 11987-11987.7) and section refiled 2-16-2007 as an emergency; operative 2-16-2007 (Register 2007, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-18-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 2-16-2007 order, including amendment of section and Note, transmitted to OAL 6-18-2007 and filed 7-31-2007 (Register 2007, No. 31).
§11987.1. Eligibility to Apply for SCVP Grant Funds and Grant Application Requirements.
Note • History
(a) For purposes of this program, Local Education Agencies (LEAs) are school districts, county offices of education or consortia thereof. Only LEAs serving students in any of grades kindergarten through twelve are eligible to apply for the SCVP grant funds.
(b) School sites which are receiving services from a School Community Policing Partnership (SCPP) grant may not receive SCVP grant funds until the SCPP grant period has ended.
(c) A school site that has previously received an SCVP grant shall not be eligible to receive funds from another SCVP grant until five years after the end of the previous SCVP grant period.
(d) Prospective applicants shall submit a request to apply to the S/LEP by November 1 of each year. Attached to the request to apply shall be a copy, from each proposed program site, of that portion of the comprehensive school safety plan which is required by Education Code sections 32282(a)(1) and (a)(2)(H), and by the first paragraph of Education Code section 32282(a)(2). The safety plan shall have been updated and approved during the time period specified in Education Code section 32286. If these requirements are not met, the LEA shall not be eligible to apply for funds.
(e) LEAs wishing to receive funds from the SCVP grant program shall submit applications for a maximum of $500,000. Applications will be annual and will be submitted by January 15 of each year. The applications shall include the following elements:
(1) A description of the collaborative process used to develop and administer the proposed SCVP project. The description shall include a list of all participants in the collaborative group (such as school and district staff, parents, students, law enforcement agencies and community organizations) which helped plan the project, and which will participate in on-going project operations.
(2) Letters of agreement or memoranda of understanding between the LEA and any law enforcement agency and/or community organization(s) which will take an active part in carrying out or administering the proposed project. The letter(s) must describe how the partner agency and/or organization(s) will participate in the project.
(3) An application that is individualized and specific to the school site or sites that are in need of the proposed funding.
(4) A current school safety needs analysis conducted by the collaborative group. Data from the California Healthy Kids Survey (CHKS) and/or the California Student Survey (CSS) and from the Uniform Management Information and Reporting System (UMIRS) must be included in the needs analysis.
(5) A description of the current violence prevention efforts at the site or sites, including a description of how other violence prevention funds are used to meet the identified needs. The proposed violence prevention plan shall address needs which are not being met by the violence prevention activities funded by existing fund sources.
(6) A proposed plan that consists of a primary prevention program; or a combination of a primary prevention program, supplemental prevention activities, and/or intervention activities; which address the problems identified in the needs analysis.
(7) A description of the manner in which the project staff will track process and outcome measures to determine if the project is progressing as planned and on schedule, and a description of the manner in which the project collaborative will review this information and use it to keep the project on track.
(8) A section describing how the proposed violence prevention program will be continued after the end of the grant period.
(9) A proposed project plan that identifies a project coordinator position responsible for overall coordination of project activities, for documenting project activities, and for providing required reports. The amount of staff time budgeted for the coordinator position shall be justified in the grant application.
(10) A line item budget and an explanatory narrative. Each budget item shall be explained with a computation based upon the unit cost of the purchased item. The budget shall include funds for the required independent audits of the use of funds. The budget shall also contain funds for attendance at training and networking conferences sponsored by the S/LEP.
(11) An assurance that independent audits will be conducted of the grant recipient's use of the SCVP funds. The purpose of the audits will be to determine if the funds have been used as required by law and regulation and as stated in the grant recipient's application.
(12) Applicant LEAs shall download and print the “General Assurances” (revised June, 2007) and “Drug Free Workplace” (revised June, 2007) forms from the California Department of Education (CDE) “funding forms” web page (http://www.cde.ca.gov/fg/fo/fm). These documents, which are incorporated by reference, shall be submitted with the application.
(f) Applications shall meet the following technical requirements:
(1) An original SCVP grant application and four copies shall be submitted.
(2) The original application shall include all original signatures in blue ink.
(3) A letter of agreement or memorandum of understanding is considered current if dated after the immediately preceding June 1.
(4) The application shall be in 12-point or greater Arial font, single-spaced, with one-inch minimum margins. Applicants may use 10-point Arial font on tables, charts, or boxes. The S/LEP will screen applications that do not comply with these requirements. If smaller font sizes or margins are used in an application, the S/LEP shall compute the number of excess characters added to the application as a result, and draw a red line through the extra characters. Application reviewers shall not be allowed to use the red-lined characters in the application review.
(5) The application shall be submitted on standard white, 8 1/2 by 11-inch paper. The narrative section shall not exceed 20 pages. If the narrative section exceeds 20 pages, the S/LEP will draw a red line through the extra pages and will not allow application raters to look at those pages.
(6) The application shall be stapled or clipped together for submission.
NOTE
Authority cited: Sections 41510 and 41513, Education Code. Reference: Sections 41510 and 41512, Education Code.
HISTORY
1. New section filed 1-19-2006 as an emergency; operative 1-19-2006 (Register 2006, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-19-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-15-2006 as an emergency; operative 5-15-2006 (Register 2006, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-12-2006 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 10-16-2006 as an emergency; operative 10-16-2006 (Register 2006, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-13-2007 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 2-16-2007 as an emergency; operative 2-16-2007 (Register 2007, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-18-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 2-16-2007 order, including amendment of section heading, section and Note, transmitted to OAL 6-18-2007 and filed 7-31-2007 (Register 2007, No. 31).
§11987.2. Reviewing SCVP Grant Applications.
Note • History
(a) Each application will be screened by the S/LEP to ensure that it contains all required elements.
(b) Each application passing the screening process shall be reviewed by a panel of raters selected by the S/LEP. Each application will be evaluated for compliance with applicable statutes and these regulations, and for the degree to which the application provides:
(1) a demonstration of high levels of involvement of school staff, law enforcement, students, parents, and community organizations in developing and implementing the SCVP project.
(2) a comprehensive and clear needs analysis completed by the collaborative group that makes a compelling case for the need for violence prevention services.
(3) a proposed violence prevention program that: is likely to be effective in addressing the identified needs; is closely coordinated with current violence prevention efforts at the site; contains a plan for tracking the implementation of the project and keeping the project on track; and contains clear and convincing plans for the involvement of the collaborative group in the ongoing operation of the project.
(4) a detailed budget that reasonably reflects the proposed project.
(c) Applications shall be ranked in accordance with the evaluation described in subdivision (b) and shall be funded in accordance with their rank.
(d) A grant applicant that chooses to appeal the results of the grant application process shall file a written appeal to the S/LEP within five working days of the announcement of the results. Protests shall be limited to the grounds that the S/LEP failed to correctly apply the process for reviewing the applications as specified in these regulations. The S/LEP shall review the appeal and determine if the S/LEP failed to correctly apply the grant application and review process. The decision of the S/LEP shall be the final administrative action afforded the appellant.
(e) Grant awards shall be limited to the amount for which the LEA applied. If the applicant does not justify all proposed budget items, the grant amount shall be reduced by the amount of the unjustified budget items.
(f) In the event that the total amount of all funded grants exceeds the available funds, the S/LEP shall reduce all funded grants by an identical percentage, so that the total funds awarded equals the available funds.
NOTE
Authority cited: Sections 41510 and 41513, Education Code. Reference: Sections 41510 and 41512, Education Code.
HISTORY
1. New section filed 1-19-2006 as an emergency; operative 1-19-2006 (Register 2006, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-19-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-15-2006 as an emergency; operative 5-15-2006 (Register 2006, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-12-2006 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 10-16-2006 as an emergency; operative 10-16-2006 (Register 2006, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-13-2007 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 2-16-2007 as an emergency; operative 2-16-2007 (Register 2007, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-18-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 2-16-2007 order, including amendment of section heading, section and Note, transmitted to OAL 6-18-2007 and filed 7-31-2007 (Register 2007, No. 31).
§11987.3. Awarding SCVP Grants.
Note • History
(a) The grant period shall be a maximum of five years.
(b) Annually, the S/LEP shall review school and community safety data including crime statistics, CHKS data, CSS data, and UMIRS data, and shall consult with school safety program practitioners to identify the highest priority school safety needs. If the review determines that the existing SCVP funding process is not awarding funds for the highest priority school safety needs, the S/LEP shall set aside funds for award to applicants that submit proposals meeting those needs.
NOTE
Authority cited: Sections 41510 and 41513, Education Code. Reference: Sections 41510 and 41512, Education Code.
HISTORY
1. New section filed 1-19-2006 as an emergency; operative 1-19-2006 (Register 2006, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-19-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-15-2006 as an emergency; operative 5-15-2006 (Register 2006, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-12-2006 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 10-16-2006 as an emergency; operative 10-16-2006 (Register 2006, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-13-2007 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 2-16-2007 as an emergency; operative 2-16-2007 (Register 2007, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-18-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 2-16-2007 order, including amendment of section heading, section and Note, transmitted to OAL 6-18-2007 and filed 7-31-2007 (Register 2007, No. 31).
§11987.4. Allowable/Non-Allowable Uses of SCVP Grant Funds.
Note • History
(a) Funding for administrative or supervisory personnel, other than the project coordinator position(s), shall not be approved. Allowable budget items are for personnel who provide direct services to students, as well as for associated training, services, program materials, and supplies.
(b) Grant funds shall not be used for facilities costs, utilities, phones or phone systems, purchase of vehicles, out-of-state travel, or purchase of ammunition or purchase of firearms.
(c) Grant funds shall be used in accordance with law and these regulations, and as proposed in the approved application or a budget revision approved by the S/LEP.
(d) Without prior approval from the S/LEP, budget adjustments may be made of no more than $500, or ten percent of the line item from which the funds are being moved, whichever is greater.
(e) The funds made available for the SCVP Program shall be used to supplement, not supplant, existing school safety programs.
NOTE
Authority cited: Sections 41510 and 41513, Education Code. Reference: Sections 41510 and 41512, Education Code.
HISTORY
1. New section filed 1-19-2006 as an emergency; operative 1-19-2006 (Register 2006, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-19-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-15-2006 as an emergency; operative 5-15-2006 (Register 2006, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-12-2006 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 10-16-2006 as an emergency; operative 10-16-2006 (Register 2006, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-13-2007 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 2-16-2007 as an emergency; operative 2-16-2007 (Register 2007, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-18-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 2-16-2007 order, including amendment of section heading, section and Note, transmitted to OAL 6-18-2007 and filed 7-31-2007 (Register 2007, No. 31).
§11987.5. Reporting Requirements for the SCVP Program.
Note • History
(a) Grant recipients shall provide an implementation report to the S/LEP in the first year of project implementation. The report shall contain a detailed description of planned project activities for that year. The detailed description shall include a project implementation table listing, for each planned activity, the person responsible for implementation; the schedule of services; the number of units, hours, lessons, or services planned; and the number of students, family members, and/or staff to be served.
(b) Grant recipients shall also report annually to the S/LEP. The report shall contain a progress report on the project described in the grant application, a description of program and collaborative activities, and a description of services planned for the next year. The detailed description of planned services shall include a project implementation table listing, for each planned activity, the person responsible for implementation; the schedule of services; the number of units, hours, lessons, or services planned; and the number of students, family members, and/or staff to be served. The report shall also contain a self-evaluation completed according to the document entitled “School Community Violence Prevention Program (SCVP) Grant Recipient Self-Evaluation Plan” (revised June 2007), which is incorporated by reference.
(c) Reports from the independent auditor reviewing use of the LEA's grant funds shall be submitted to the S/LEP at the end of grant years two and four.
(d) Grant recipients shall maintain accounting records and other evidence pertaining to costs incurred during the grant award period and thereafter for five full years from the date of the final payment of grant funds. The S/LEP must be permitted to audit, review, and inspect the activities, books, documents, papers, and records relating to the grant during the progress of the work and for five years following final allocation of funds.
NOTE
Authority cited: Sections 41510 and 41513, Education Code. Sections 41510 and 41512, Education Code.
HISTORY
1. New section filed 1-19-2006 as an emergency; operative 1-19-2006 (Register 2006, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-19-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-15-2006 as an emergency; operative 5-15-2006 (Register 2006, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-12-2006 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 10-16-2006 as an emergency; operative 10-16-2006 (Register 2006, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-13-2007 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 2-16-2007 as an emergency; operative 2-16-2007 (Register 2007, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-18-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 2-16-2007 order, including amendment of section heading, section and Note, transmitted to OAL 6-18-2007 and filed 7-31-2007 (Register 2007, No. 31).
§11987.6. Reimbursement of Program Expenditures.
Note • History
(a) The S/LEP shall issue an advance of not more than $50,000 to each grant recipient upon the award of the grant. The remaining funds shall be issued to grant recipients as reimbursement for authorized expenditures, upon receipt of an invoice from the accounting office of the LEA. Invoices shall be submitted quarterly to the S/LEP staff. Invoices for payment are subject to review and approval by S/LEP staff. Reimbursements shall not be processed if annual reporting requirements have not been met. Final invoices shall be submitted within four months of the end of the grant period.
(b) If adequate progress in implementation of the grant program is not demonstrated via annual reports, site visits, or other means, the S/LEP may terminate the grant award and provide no further grant funding.
NOTE
Authority cited: Sections 41510 and 41513, Education Code. Reference: Sections 41510 and 41512, Education Code.
HISTORY
1. New section filed 1-19-2006 as an emergency; operative 1-19-2006 (Register 2006, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-19-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-15-2006 as an emergency; operative 5-15-2006 (Register 2006, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-12-2006 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 10-16-2006 as an emergency; operative 10-16-2006 (Register 2006, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-13-2007 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 2-16-2007 as an emergency; operative 2-16-2007 (Register 2007, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-18-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 2-16-2007 order, including amendment of section and Note, transmitted to OAL 6-18-2007 and filed 7-31-2007 (Register 2007, No. 31).
§11987.7. School Safety and Violence Prevention Training Grant.
Note • History
(a) The S/LEP shall award a maximum of $400,000 per year of the annual SCVP appropriation for one grant to a county office of education for the purpose of providing statewide and regional training in school safety and violence prevention methods. The grant period shall be a maximum of five years in duration.
(b) The S/LEP shall issue an advance of not more than $50,000 to the grant recipient upon the award of the grant. The remaining funds shall be issued to the grant recipient as reimbursement for authorized expenditures, upon receipt of an invoice from the accounting office of the grant recipient. Invoices shall be submitted quarterly to the S/LEP staff. Invoices for payment are subject to review and approval by the S/LEP staff.
(c) Applications for the School Safety and Violence Prevention Training Grant shall be submitted no later than March 1 of a year in which the grant will be awarded. Applications for grant funds shall contain the following elements:
(1) The application shall describe the applicant's ability and experience to coordinate a statewide training program, including arranging for the delivery of training throughout the 11 established CDE regional training areas.
(2) The application shall contain a comprehensive plan for administering the training grant that includes, but is not limited to, how the applicant will: schedule and arrange for delivery of a specified number of regional trainings; secure experienced trainers; reimburse the trainers for travel expenses; sponsor and present an orientation and update meeting for the 11 regional training coordinators; conduct a focus group of trainers, coordinators, and S/LEP staff to revise and update the training materials; purchase necessary training materials; evaluate the training; coordinate an annual meeting among S/LEP staff and the 11 LEA regional training coordinators; and maintain regular contact with S/LEP state staff.
(3) The application shall contain a line item budget, along with an explanatory narrative.
(4) The application shall contain an assurance that an independent audit will be conducted in years two and four of the grant recipient's use of the funds. The purpose of the audit shall be to determine if the funds have been used as required by the law and regulation and as stated in the grant recipient's application.
(5) Applicants shall download and print the “General Assurances” (revised June, 2007) and “Drug Free Workplace” (revised June, 2007) forms from the CDE's “funding forms” web page (http://www.cde. ca.gov/fg/fo/fm). These documents, which are incorporated by reference, shall be submitted with the application.
(6) Applications shall meet the following technical requirements:
(A) An original grant application and four copies shall be submitted.
(B) The original application shall include all original signatures in blue ink.
(C) The application shall be in 12-point or greater Arial font, single-spaced, with one-inch minimum margins. If smaller font sizes or margins are used in an application, the S/LEP shall compute the number of excess characters added to the application as a result, and draw a red line through the extra characters. Application reviewers shall not be allowed to use the red-lined characters in the application review.
(D) The application shall be submitted on standard white, 8 1/2 X 11-inch paper. The narrative section shall not exceed 10 pages. If the narrative exceeds 10 pages, the S/LEP will draw a red line through the extra pages and will not allow application raters to look at those pages.
(E) Applications shall be stapled or clipped together for submission.
(d) Each application shall be screened by the S/LEP to ensure that it contains all required elements. Each application passing the screening process shall be evaluated for compliance with applicable statutes and these regulations, and for the degree to which the application provides:
(1) a clear demonstration of the applicant's extensive experience in developing, implementing, and coordinating regional training projects throughout the state.
(2) a plan of administering the grant that contains enough specific detail to assure that the applicant is capable of successfully implementing a training program that includes: recruitment and training of knowledgeable trainers; revision and update of training materials; the scheduling of trainings and obtaining of training facilities; the evaluation of the training program; the administration of the financial aspects of the program including reimbursing trainers; and the presentation of annual conferences for staff development and for updating of the training program.
(3) a detailed budget that reasonably reflects the proposed project.
(e) Applications will be ranked in accordance with the evaluation described in subdivision (d) and shall be funded in accordance with their rank.
(f) A grant applicant that chooses to appeal the results of the grant application process shall file a written appeal to the S/LEP within five working days of the announcement of the results. Protests shall be limited to the grounds that the S/LEP failed to correctly apply the process for reviewing the applications as specified in these regulations. The S/LEP shall review the appeal and determine if the S/LEP failed to correctly apply the process for reviewing applications. The decision of the S/LEP shall be the final administrative action afforded the appellant.
(g) Training grant funds may be used for: Salaries and benefits for the statewide coordinator, regional training coordinators, and clerical support personnel; travel costs for regional trainings and for statewide meetings and trainings for the statewide and regional training coordinators and trainers; training materials, miscellaneous supplies directly related to the trainings; services and operating costs, including rental of training rooms; indirect cost not to exceed the indirect cost rate annually assigned to the grant recipient by CDE; and audit costs. Training grant funds may not be used for: Out-of-state travel; acquisition, rents, leases and utilities for facilities (except rentals of training rooms); or purchases of vehicles.
(h) Grant funds shall be used in accordance with law and these regulations and as proposed in the approved application or a budget revision approved by the S/LEP.
(i) Without prior approval from the S/LEP, budget adjustments shall be made of no more than $500, or ten percent of the line item from which the funds are being moved, whichever is greater.
(j) The grant recipient shall submit an annual report containing a progress report on the implementation of the program described in the grant application, a description of program activities, and an evaluation of the effectiveness of the training sessions which have been provided. If adequate progress in implementation of the grant program is not demonstrated via annual reports, site visits, or other means, the S/LEP may terminate the grant award and provide no further grant funding.
(k) Grant recipients shall maintain accounting records and other evidence pertaining to costs incurred during the grant award period and thereafter for five full years from the date of the final payment of grant funds. The S/LEP shall be permitted to audit, review, and inspect the activities, books, documents, papers, and records relating to the grant during the progress of the work and for five years following final allocation of funds.
(l) Funds shall be issued to the grant recipient as reimbursement for authorized expenditures, upon receipt of an invoice from the accounting office of the grantee. Invoices for payment are subject to review and approval by S/LEP staff. Reimbursements shall not be processed if annual reporting requirements have not been met. Final invoices shall be submitted within four months of the end of the grant period.
NOTE
Authority cited: Sections 41510 and 41513, Education Code. Reference: Sections 41510 and 41512, Education Code.
HISTORY
1. New section filed 1-19-2006 as an emergency; operative 1-19-2006 (Register 2006, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-19-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-15-2006 as an emergency; operative 5-15-2006 (Register 2006, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-12-2006 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 10-16-2006 as an emergency; operative 10-16-2006 (Register 2006, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-13-2007 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 2-16-2007 as an emergency; operative 2-16-2007 (Register 2007, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-18-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 2-16-2007 order, including amendment of section and Note, transmitted to OAL 6-18-2007 and filed 7-31-2007 (Register 2007, No. 31).
Subchapter 22. Reading First Program
Note • History
NOTE
Authority cited: Sections 12001, 12032 and 33031, Education Code. Reference: 20 USC 6361 et seq. (Title I, Part B, federal No Child Left Behind Act), California's Approved Reading First Plan as approved by the United States Department of Education on August 23, 2002; Chapter 730, Statutes of 2002; and Section 51700, Education Code.
HISTORY
1. New subchapter 22 (section 11990) and section filed 4-21-2003 as an emergency; operative 4-21-2003 (Register 2003, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-19-2003 or emergency language will be repealed by operation of law on the following day.
2. Repealer of subchapter 22 and section by operation of Government Code section 11346.1(g) (Register 2004, No. 32).
Subchapter 22.5. Reading First Achievement Index/Definition of Significant Progress
§11991. Reading First Achievement Index.
Note • History
(a) The California Reading First Plan, approved by the United States Department of Education on August 23, 2002, requires the development of criteria to determine progress for Reading First local educational agencies (LEAs). To comply with this requirement, the Reading First Achievement Index (RFAI) was created. The RFAI is an annually calculated numerical index of a school's reading achievement in kindergarten through grade three, and comprises weighted test results from the following assessments:
(1) The Standardized Testing and Reporting Program (STAR), California Standards Test (CST) in English language arts, for grades two and three. Each of these assessments is weighted as 30 percent of a school's RFAI, for a total of 60 percent;
(2) The STAR norm-referenced subtests in reading, language arts, and spelling for grade three. The reading subtest is weighted as 6 percent, the language arts subtest as 2 percent, and the spelling subtest as 2 percent of a school's RFAI, for a total of 10 percent; and
(3) The Reading First End-of-Year Reading Assessments in either English or Spanish for kindergarten through grade three. The kindergarten and grade three assessments are each weighted as 5 percent of a school's RFAI, and grade one and two assessments are each weighted as 10 percent of a school's RFAI, for a total of 30 percent.
(b) If a school does not have test results as specified in section 11991(a), due to either not having classrooms in one or more of the primary grade levels, kindergarten through grade three, or having less than 11 students in any grade level, the LEA's mean values on those missing data elements will be used to calculate the school's RFAI.
(c) If a school does not submit test results for any of the assessments specified in section 11991(a), a value of zero will be used for that data element to calculate the school's RFAI.
(d) If a school does not have at least 45 percent of the RFAI weights specified in section 11991(a), an RFAI will not be calculated for that school.
NOTE
Authority cited: Sections 12001, 12032 and 33031, Education Code. Reference: Section 51700, Education Code; and 20 USC 6361 (Title I, Part B, federal No Child Left Behind Act).
HISTORY
1. New subchapter 22.5 (sections 11991-11991.2) and section filed 10-23-2006; operative 11-22-2006 (Register 2006, No. 43).
§11991.1. Defining Significant Progress/Continuance of Reading First Funding.
Note • History
(a) In order to continue to receive Reading First Funding, a local educational agency (LEA) must achieve “significant progress” which is defined as having at least half of the LEA's Reading First schools, which have an RFAI, achieve an RFAI that is above one standard deviation below the mean on the RFAI for the LEA's cohort.
(b) A cohort is made up of all the LEAs that were funded in the same round of subgrant competition.
(c) Cohort One is defined as all of the LEAs in the round of subgrant competition that was funded commencing November 13, 2002.
(d) For Cohort One, if a LEA fails to make significant progress after the fifth year of implementation, the California Department of Education (CDE) shall notify the LEA that it will not be funded for the next year of implementation.
(e) For all other cohorts, if a LEA fails to make significant progress after the fourth year of implementation, CDE shall notify the LEA that it will not be funded for the next year of implementation.
NOTE
Authority cited: Sections 12001, 12032 and 33031, Education Code. Reference: Section 51700, Education Code; and 20 USC 6362 (Title I, Part B, federal No Child Left Behind Act).
HISTORY
1. New section filed 10-23-2006; operative 11-22-2006 (Register 2006, No. 43).
Note • History
(a) For Cohort One, if an LEA fails to make significant progress after the fifth year of implementation, or for all other cohorts, if an LEA fails to make significant progress after the fourth year of implementation, CDE shall notify them in writing that they will not be funded for the next year of implementation (defunding determination). Such notice shall also include information regarding the LEA's ability to appeal the defunding determination.
(b) If an LEA chooses to appeal the defunding determination, the following process shall be adhered to:
(1) Within 30 days of receipt of the defunding determination notification, the LEA shall file a written request for appeal with the CDE. The request shall include an explanation of the basis for the appeal and any supporting documentation.
(2) Upon receipt of an LEA appeal, the CDE shall have 30 days to investigate the appeal. CDE shall have the right to request the LEA to provide additional or clarifying information. CDE shall also have the right to reasonably extend the investigation period for up to an additional 30 days, if in its opinion, more time is required to complete a thorough review of the appeal and supporting documents.
(3) Upon completion of its investigation, CDE shall make a recommendation to the SBE to either uphold or deny the LEA's appeal, including the reasons for such recommendation. CDE shall also notify the LEA that its investigation is complete and that the recommendation has been forwarded to the SBE.
(4) The SBE shall consider the recommendation at the earliest regularly scheduled SBE meeting at which the appeal can be placed on the Agenda.
(c) An LEA involved in the appeal process may continue to offer the Reading First program while the appeal is being considered and a final determination achieved.
NOTE
Authority cited: Sections 12001, 12032 and 33031, Education Code. Reference: Section 51700, Education Code; and 20 USC 6362 (Title I, Part B, federal No Child Left Behind Act).
HISTORY
1. New section filed 10-23-2006; operative 11-22-2006 (Register 2006, No. 43).
Subchapter 23. Defining Persistently Dangerous Public Elementary and Secondary Schools
Note • History
(a) A California public elementary or secondary school is “persistently dangerous” if, in each of three consecutive fiscal years, one of the following criteria has been met:
(1) For a school of fewer than 300 enrolled students, the number of incidents of firearm violations committed by non-students on school grounds during school hours or during a school-sponsored activity, plus the number of student expulsions for any of the violations delineated in subsection (b) is greater than three.
(2) For a larger school, the number of incidents of firearm violations committed by non-students on school grounds during school hours or during a school-sponsored activity, plus the number of student expulsions for any of the violations delineated in subsection (b) is greater than one per 100 enrolled students or a fraction thereof.
(b) Applicable violations include:
(1) Assault or battery upon a school employee (Education Code section 48915(a)(5));
(2) Brandishing a knife (Education Code section 48915(c)(2));
(3) Causing serious physical injury to another person, except in self-defense (Education Code section 48915(a)(1));
(4) Hate violence (Education Code section 48900.3);
(5) Possessing, selling or furnishing a firearm (Education Code section 48915(c)(1));
(6) Possession of an explosive (Education Code section 48915(c)(5));
(7) Robbery or extortion (Education Code section 48915(a)(4));
(8) Selling a controlled substance (Education Code section 48915(c)(3)); and
(9) Sexual assault or sexual battery (Education Code section 48915(c)(4)).
(c) In instances where a student committed a violation enumerated in subsection (b) for which expulsion proceedings would have been instituted, but is no longer a student and therefore cannot be expelled, that violation must be reported in the total number of incidents and expulsions referenced in subsection (a).
NOTE
Authority cited: Section 33031, Education Code; Reference: Sections 48900.3, 48915(a)(1), 48915(a)(4), 48915(a)(5), 48915(c)(1), 48915(c)(2), 48915(c)(3), 48915(c)(4) and 48915(c)(5), Education Code; Public Law 107-110, Title IX, Part E, Subpart 2, Section 9532; and 20 USC Section 7912.
HISTORY
1. New subchapter 23 (sections 11992-11994) and section filed 6-23-2005; operative 7-23-2005 (Register 2005, No. 25).
Note • History
(a) “Assault” means an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another (Penal Code section 240).
(b) “Battery” means any willful and unlawful use of force or violence upon the person of another (Penal Code section 242).
(c) “Controlled substance” means all controlled substances listed in chapter 2 of division 10 of the Health and Safety Code (commencing with section 11053).
(d) “Firearm” means handgun, rifle, shotgun or other type of firearm (section 921(a)(3) of title 18, United States Code).
(e) “Firearm violation” means unlawfully bringing or possessing a firearm, as defined in subsection (d), on school grounds or during a school-sponsored activity.
(f) “Explosive” means a destructive device (title 18, section 921(a)(4), United States Code).
(g) “Expulsion” means an expulsion ordered by the local educational agency's governing board regardless of whether it is suspended, modified, or stipulated.
(h) “Extortion” means acts described in Penal Code sections 71, 518, and 519.
(i) “Fiscal year” means the period of July 1 through June 30 (Education Code section 37200).
(j) “Hate violence” means any act punishable under Penal Code section 422.6.
(k) An “incident” of a firearm violation by non-student(s) for the purpose of section 11992 is an event on school grounds during school hours, or at a school-sponsored activity, involving a person or persons not enrolled in the school who unlawfully brings or possesses a handgun, rifle, shotgun, or other type of firearm. An event shall be counted as a single incident when it happens at the same time in the same location, regardless of the number of non-students involved. School site administrators or designees are responsible for documenting the incident and reporting the incident to the local educational agency (LEA) staff who are responsible for collecting expulsion data.
(l) “Knife” means any dirk, dagger, or other weapon with a fixed, sharpened blade fitted primarily for stabbing, a weapon with a blade fitted primarily for stabbing, a weapon with a blade longer than 3 1/2 inches, a folding knife with a blade that locks into place, or a razor with an unguarded blade.
(m) “Non-student” means a person, regardless of age, not enrolled in the school or program reporting the violation.
(n) “On school grounds” means the immediate area surrounding the school including, but not limited to, the school building, the gymnasium, athletic fields, and the site parking lots.
(o) “Robbery” means acts described in Penal Code sections 211 and 212.
(p) A “school sponsored activity” means any event on the grounds of the school district supervised by district staff at which students are present, including transportation to and from school.
(q) “Serious physical injury” means serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement (this is the same definition as described in “serious bodily injury” in Penal Code section 243(f)(4)).
(r) “Sexual assault” means acts defined in Penal Code sections 261, 266(c), 286, 288a, 288(a-c), and 289.
(s) “Sexual battery” means acts defined in Penal Code section 243.4.
(t) “Enrolled students”, for the purpose of subsections 11992(a)(1) and 11992(a)(2), means students included in the most current California Basic Educational Data System (CBEDS) report for the school.
(u) “During school hours” means from thirty minutes before the initial school bell to thirty minutes after the closing school bell.
NOTE
Authority cited: Section 33031, Education Code; Reference: Sections 37200 and 48915(g), Education Code; Sections 11053-11058, Health and Safety Code; and Sections 71, 211, 212, 240, 242, 243(f)(4), 243.4, 261, 266(c), 286, 288a, 288(a-c), 289, 422.6, 518 and 519, Penal Code.
HISTORY
1. New section filed 6-23-2005; operative 7-23-2005 (Register 2005, No. 25).
Note • History
Local educational agencies (LEAs) will submit to the California Department of Education (CDE) the number of incidents of non-student firearm violations and student expulsions specified in section 11992 above for determining persistently dangerous schools. The CDE will use the information collected to determine if a school site meets the criteria in this subchapter. If an LEA contests the CDE's determination that one or more of its schools is persistently dangerous, the LEA may appeal that determination to the State Board of Education based on incorrect data or circumstances that caused the school to be identified as persistently dangerous, but actually increased student and teacher safety at the school.
NOTE
Authority cited: Section 33031, Education Code; Reference: Public Law 107-110, Title IX, Part E, Subpart 2, Section 9532; and 20 USC Section 7912.
HISTORY
1. New section filed 6-23-2005; operative 7-23-2005 (Register 2005, No. 25).
Subchapter 24. American Indian Education Centers
Article 1. General Provisions
Note • History
These regulations set forth guidelines for the selection and administration of California American Indian Education Centers.
NOTE
Authority cited: Section 33382, Education Code. Reference: Section 33382, Education Code.
HISTORY
1. New subchapter 24, article 1 (sections 11996-11996.11) and section filed 6-4-2007 as an emergency; operative 6-4-2007 (Register 2007, No. 23). A Certificate of Compliance must be transmitted to OAL by 12-3-2007 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-4-2007 order transmitted to OAL 9-11-2007 and filed 10-24-2007 (Register 2007, No. 43).
Note • History
For purposes of the American Indian Education Center program, the following definitions shall apply:
(a) “Adult” means a person over the age of 18, residing in California, and who does not attend public school in California in kindergarten or grades 1 through 12, inclusive.
(b) “AIEC” means American Indian Education Center.
(c) “AIEOC” means American Indian Education Oversight Committee.
(d) “CDE” means California Department of Education.
(e) “Existing Center” means a center that is funded under Education Code sections 33370-33383 in the most recently funded year prior to or including the year that a new AIEC Request For Applications from CDE is released.
(f) “Grant year” means the period from October 1 through September 30 of the subsequent year.
(g) “Guardian” means a person who is not the mother or father but who has custody of an American Indian pupil who is enrolled in, and attends public school in California in kindergarten or grades 1 through 12, inclusive.
(h) “Incorporated American Indian Associations” means a California American Indian governed community-based organization that has received and maintains its non-profit status from the federal government and has current articles of incorporation on file with the state of California. It also means any tribally incorporated non-profit that either maintains separate non-profit status with the federal government or uses the incorporating tribal federal designation (P.L. 93-638).
(i) “Parent” means the mother or father of an American Indian pupil who is enrolled in, and attends public school in California in kindergarten or grades 1 through 12, inclusive.
(j) “Priority” means that an existing center shall receive funding as long as the center submits an application that meets the minimum criteria for funding and the center has completed and submitted all required reports for the current funding cycle.
(k) “Pupil” means an American Indian boy or girl who is enrolled in, and attends school in California in kindergarten or grades 1 through 12, inclusive.
(l) “RFA” means Request for Application.
(m) “SSPI” means the State Superintendent of Public Instruction.
(n) “Service” means activities provided to promote the academic and cultural achievement of American Indian pupils as defined in Education Code section 33381.
(o) “Tribal Group” means any federally recognized tribal government including terminated California tribes.
NOTE
Authority cited: Section 33382, Education Code. Reference: Section 33382, Education Code.
HISTORY
1. New section filed 6-4-2007 as an emergency; operative 6-4-2007 (Register 2007, No. 23). A Certificate of Compliance must be transmitted to OAL by 12-3-2007 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-4-2007 order transmitted to OAL 9-11-2007 and filed 10-24-2007 (Register 2007, No. 43).
§11996.2. American Indian Education Oversight Committee.
Note • History
(a) The purpose of the AIEOC is to provide input and advice to the SSPI on all aspects of American Indian education programs established by the state. Members of the AIEOC shall possess proven knowledge of current educational policies relating to, and issues faced by, tribes and American Indian communities in California.
(b) The AIEOC members shall serve at the pleasure of the SSPI.
NOTE
Authority cited: Section 33382, Education Code. Reference: Section 33370, Education Code.
HISTORY
1. New section filed 6-4-2007 as an emergency; operative 6-4-2007 (Register 2007, No. 23). A Certificate of Compliance must be transmitted to OAL by 12-3-2007 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-4-2007 order transmitted to OAL 9-11-2007 and filed 10-24-2007 (Register 2007, No. 43).
Note • History
(a) For each five year funding cycle, the CDE shall release a competitive American Indian Education grant application no later than July 15. Tribal Groups or Incorporated American Indian Associations wishing to receive funds from CDE's AIEC grant program shall submit to CDE an application proposing projects responding to all requirements of law and these regulations. Original applications for 2007-08 grant year must be received by CDE 42 days from the release date of the application. All subsequent applications must be received at CDE 60 days from the release date of the application. Applications shall contain the following:
(1) Organizational chart of AIEC funded program and staff and the relationship to parent organization;
(2) Agency description and service location(s):
(3) History of cultural and educational service to the American Indian community;
(4) Demonstrated organizational capability and commitment to manage grants;
(5) Demographic profile of the proposed AIEC service area;
(6) Description of the target population including tribe (if applicable), school, community;
(7) The results of a “Comprehensive Needs Assessment,” which must include:
(A) the number of American Indian pupils enrolled at each school site, their grade levels, school or Local Education Agency's state academic performance measures for the American Indian sub-group, and free and reduced lunch count;
(B) the number of pupils to be directly served; and
(C) the needs and concerns identified by community members, collaborative partners, school staff, parents/guardians and pupils
(8) A comprehensive plan that includes:
(A) Measurable outcome objectives to meet identified needs by service category listed in Education Code section 33381.
(B) For each activity proposed to achieve the objectives stated above, applicants will provide the following:
1. description of activity;
2. total number of American Indian pupils served;
3. total number of others served;
4. number of American Indian pupils in each activity session;
5. number of others in each activity session;
6. number of hours per session; and
7. number of scheduled sessions.
(C) An implementation timeline for activities; and,
(D) A description of the manner in which culturally responsive methodologies will be incorporated into program services.
(9) Documentation of, and plans for, continuing coordination and collaboration with local school districts, local tribes, other community organizations and resources.
(10) Signed CDE - General Assurances (February 2007), American Indian Education Center Documentation Requirements (July 2007), Drug-Free Workplace (August 2005), and American Indian Education Center Commercial Tobacco-Free Certification Tobacco-Use Prevention Education (May 2007), incorporated by reference.
(11) An annual budget, including narrative.
(12) The narrative for an AIEC grant application must be limited to 20 single-sided, 8-1/2 by 11 inch pages using 12 pt Arial font, with 1 inch margins.
(b) Applications shall be disqualified from consideration if they do not:
(1) Include all required sections of the proposal;
(2) Include the original signature of the Board Chairperson, Tribal Chairperson or authorized representative;
(3) Comply with the requirement that proposals be received by CDE by the due dates specified in the RFA.
(c) For each year after year one of the five-year funding cycle, agencies shall submit to CDE a continuing application that contains the following:
(1) Degree to which the objectives were met; modifications to the objectives, activities, target population, and/or implementation timeline.
(2) An annual budget including narrative.
(3) Signed CDE - General Assurances (February 2007), American Indian Education Center Documentation Requirements (July 2007), Drug-Free Workplace (August 2005), and American Indian Education Center Commercial Tobacco-Free Certification Tobacco-Use Prevention Education (May 2007), incorporated by reference.
NOTE
Authority cited: Section 33382, Education Code. Reference: Sections 33370, 33381, 33383 and 62000.14, Education Code.
HISTORY
1. New section filed 6-4-2007 as an emergency; operative 6-4-2007 (Register 2007, No. 23). A Certificate of Compliance must be transmitted to OAL by 12-3-2007 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-4-2007 order, including amendment of subsections (a)(10) and (c)(3), transmitted to OAL 9-11-2007 and filed 10-24-2007 (Register 2007, No. 43).
§11996.4. Selection of Applications for Grant Awards.
Note • History
(a) Each complete application that meets the deadline for submission shall be reviewed by a panel of reviewers selected by CDE. The CDE shall establish criteria for selection of the reviewers and train the reviewers to score grant applications consistently.
(b) Applications shall be reviewed and assessed according to the degree to which the application fulfills the requirements of applicable statutes and these regulations, including:
(1) The extent to which the application is designed to promote the culture and the academic achievement of American Indian pupils as demonstrated by the alignment between identified needs and the proposed program.
(2) The extent to which the application is designed to achieve measurable outcomes that address the needs identified in the comprehensive needs assessment.
(3) The extent to which the applicant's actual and/or proposed organization structure, history of service to the American Indian community, and demonstrated organizational capacity are indicative of the ability to assure successful program implementation.
(4) The type and intensity of services to be provided to the targeted population, and the number of pupils and other participants to be served.
(5) The potential impact of the proposed service plan on pupils, their families, and other organizations in the region as evidenced by the implementation of promising practices or proven strategies.
(6) The completeness of the description of the proposed service area, including the identification of currently existing services and service deficits.
(7) The degree to which the AIEC will collaborate with the existing service-agencies as evidenced by collaborative agreements that clearly detail the responsibility of collaborating entities.
(c) All applications will be ranked according to their assessed score. Grants will be awarded on the basis of the applicant's rank and the applicant's funding priority as defined in section 11996.1(j).
NOTE
Authority cited: Section 33382, Education Code. Reference: Sections 33370 and 33383, Education Code.
HISTORY
1. New section filed 6-4-2007 as an emergency; operative 6-4-2007 (Register 2007, No. 23). A Certificate of Compliance must be transmitted to OAL by 12-3-2007 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-4-2007 order transmitted to OAL 9-11-2007 and filed 10-24-2007 (Register 2007, No. 43).
§11996.5. Grant Recipient Funding.
Note • History
(a) The CDE shall determine the amount of grant funds awarded to each grant recipient based upon an analysis of the recipient's application for funds. The factors considered in the analysis shall include, but shall not be limited to, the following:
(1) The comprehensive needs assessment included in the application.
(2) The scope of the project including the activities described in the applicant's comprehensive plan and the type and intensity of services proposed for the program's major activities.
NOTE
Authority cited: Section 33382, Education Code. Reference: Section 33382, Education Code.
HISTORY
1. New section filed 6-4-2007 as an emergency; operative 6-4-2007 (Register 2007, No. 23). A Certificate of Compliance must be transmitted to OAL by 12-3-2007 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-4-2007 order transmitted to OAL 9-11-2007 and filed 10-24-2007 (Register 2007, No. 43).
§11996.6. Appeals of Grant Awards.
Note • History
Applicants who wish to appeal a grant award decision shall submit a written appeal to the CDE within five working days of the posted decision for grant year 2007-08 and within seven working days in subsequent years. Appeals shall be limited to the grounds that the CDE failed to correctly apply the standards for reviewing the applications or the grant award process as specified in the regulations. The appealing applicant shall file a full and complete written appeal, including the issue(s) in dispute, the legal authority or other basis for the appeal position, and the remedy sought. CDE shall not consider incomplete appeals, late appeals or appeals that only refute the readers' comments given for technical assistance.
Any decision to revise the original score or fund the application shall be documented in writing. The CDE's decision is the final administrative action afforded the appeal.
NOTE
Authority cited: Section 33382, Education Code. Reference: Section 33382, Education Code.
HISTORY
1. New section filed 6-4-2007 as an emergency; operative 6-4-2007 (Register 2007, No. 23). A Certificate of Compliance must be transmitted to OAL by 12-3-2007 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-4-2007 order transmitted to OAL 9-11-2007 and filed 10-24-2007 (Register 2007, No. 43).
§11996.7. Reporting Requirements.
Note • History
(a) Each grant recipient shall provide an annual report to the CDE. The report shall be due 60 days from the end of the grant period, and shall contain the following information:
(1) number of pupils enrolled by grade level or age;
(2) number of pupils served by grade level or age and service type and frequency;
(3) a description of how the center meets the continued educational and cultural needs of the community that it serves;
(4) a description of the collaborative activities conducted during the year;
(5) progress made in meeting its stated objectives, including applicable program objectives as stated in Education Code section 33381;
(6) AIEC program enrolled pupil aggregated performance on state academic assessment measures;
(7) recommendations for revisions to the project and its budget based upon an analysis of the data by the grant recipient.
(b) Each grant recipient shall submit annually a report containing the results of an independent fiscal audit of expenditures. This report is due on April 30. A one time 60 day extension shall be granted if a request for the extension is made prior to April 30 and demonstrates good cause for such an extension. Grant funds may be used to pay for the preparation of these reports.
(c) The AIEC's shall submit quarterly fiscal expenditure reports. The expenditure reports shall be received by the CDE within six weeks of the end of each quarter. The reports shall be signed by the AIEC accounting officer, and will have two components:
(1) an AIEC summary report by CDE budget line item,
(2) a general ledger which shows the quarter's expenditures in detail.
(d) Failure to submit the annual report, quarterly fiscal reports, or results of the fiscal audit of expenditures by the due dates will result in a delay of the second payment for the current year and all payments for subsequent grant years until the reports are submitted.
NOTE
Authority cited: Section 33382, Education Code. Reference: Sections 33370 and 62000.14, Education Code.
HISTORY
1. New section filed 6-4-2007 as an emergency; operative 6-4-2007 (Register 2007, No. 23). A Certificate of Compliance must be transmitted to OAL by 12-3-2007 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-4-2007 order, including amendment of subsection (b), transmitted to OAL 9-11-2007 and filed 10-24-2007 (Register 2007, No. 43).
§11996.8. Fiscal and Program Monitoring.
Note • History
(a) The reports received from the AIEC shall be received by the posted due dates and shall be assessed for completeness, accuracy; for use of funds as authorized in law and regulation; and for use of funds as described in the application of the AIEC. The AIEC shall correct any omissions or inaccuracies in the reports and correct any unauthorized expenditures by charging the unauthorized expenditure to a non-AIEC grant fund source.
(b) Program monitoring shall be conducted through CDE review of quarterly and annual reports, written communication, and on site reviews. When problems in implementing program services or achieving program objectives are encountered, the CDE shall schedule meetings, site visits, and/or phone calls to provide training and/or technical assistance to the grant recipient.
(c) The CDE shall provide the AIEC with a written report of any findings, including recommendations, corrective actions and a timeline for the corrective actions, if necessary.
(d) If the CDE determines that the AIEC has not met the terms of the approved application or the law or these regulations, then the AIEC shall be notified by certified mail of any such failure to comply with the terms of the application, laws or regulations. This notice shall specify the time line for corrective action. After issuance of the notice the CDE has the option to amend the time line for corrective action. If the grant recipient does not take action to bring the program into compliance, the CDE shall terminate program funding.
NOTE
Authority cited: Section 33382, Education Code. Reference: Section 33370, Education Code.
HISTORY
1. New section filed 6-4-2007 as an emergency; operative 6-4-2007 (Register 2007, No. 23). A Certificate of Compliance must be transmitted to OAL by 12-3-2007 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-4-2007 order transmitted to OAL 9-11-2007 and filed 10-24-2007 (Register 2007, No. 43).
§11996.9. Grant Amount Revisions.
Note • History
(a) The CDE may reduce grant amounts based on the following conditions:
(1) An across the board reduction will be made in the event of an allocation reduction in the state budget. Each AIEC's grant amount will be reduced proportionately to the reduction in the Budget Act.
(2) If any services budgeted in an AIEC's application or approved budget revision are not provided within the grant year or first quarter of the subsequent grant year and if a grant extension is not provided pursuant to section 11996.10, the CDE shall reduce the grant award to the AIEC accordingly.
(b) When supplemental funds are made available through the Budget Act, the CDE shall determine whether such funding supports establishment of additional center programs. If so, a new request for applications shall be issued and the requirements listed in section 11996.03 shall be enforced.
(c) When additional funds are made available through the Budget Act for Cost of Living Adjustments (COLA), the CDE will augment each funded AIEC's proportionately. In order to receive the augmentation each AIEC must submit a Program and Budget Amendment. The Program and Budget Amendment must be received by the CDE 45 days from release and must contain:
(1) A description of how the additional funds will support the existing program.
(2) If the agency plans to use the additional funds to add or revise objectives, then the agency must include Modifications to Objectives including a revised timeline.
(3) A detailed budget for the COLA including narrative.
(d) If the agency does not submit the required forms by the due date, then the agency forfeits the COLA.
(e) If for any reason grant funding awarded to an AIEC is returned to CDE or never allocated to an AIEC, the AIEOC shall provide input and advice to the SSPI on the use of the funds. Options for use of the funds shall include, but are not limited to, proportional allocation to existing grantees and allocation via competitive application.
NOTE
Authority cited: Section 33382, Education Code. Reference: Section 33382, Education Code.
HISTORY
1. New section filed 6-4-2007 as an emergency; operative 6-4-2007 (Register 2007, No. 23). A Certificate of Compliance must be transmitted to OAL by 12-3-2007 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-4-2007 order, including new subsections (b)-(d) and subsection relettering, transmitted to OAL 9-11-2007 and filed 10-24-2007 (Register 2007, No. 43).
Note • History
No later than June 30 of the grant year, the CDE will determine if extensions for the use of grant funds will be made available for use in the first quarter of the subsequent grant year. Funds from a grant year must be used to provide services in the first quarter of the subsequent grant year. The center must submit to the CDE a plan and line-item budget for use of the funds in the subsequent grant year. The plan must demonstrate that the funds would be used to provide supplemental services which would not otherwise be funded from the grant funds of the new year.
NOTE
Authority cited: Section 33382, Education Code. Reference: Section 33383, Education Code.
HISTORY
1. New section filed 6-4-2007 as an emergency; operative 6-4-2007 (Register 2007, No. 23). A Certificate of Compliance must be transmitted to OAL by 12-3-2007 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-4-2007 order transmitted to OAL 9-11-2007 and filed 10-24-2007 (Register 2007, No. 43).
§11996.11. Budget Application Revisions.
Note • History
(a) Project budget revisions of more than 10 percent of the line item shall be approved in writing by the CDE prior to implementation. Expenditures for any grant, activity, or type of equipment not listed in the application budget or approved revision must be approved in advance by CDE.
(b) Revisions to an approved application may be submitted anytime during the annual grant period, so long as the revision is approved prior to implementation of the revision.
NOTE
Authority cited: Section 33382, Education Code. Reference: Section 33370, Education Code.
HISTORY
1. New section filed 6-4-2007 as an emergency; operative 6-4-2007 (Register 2007, No. 23). A Certificate of Compliance must be transmitted to OAL by 12-3-2007 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-4-2007 order transmitted to OAL 9-11-2007 and filed 10-24-2007 (Register 2007, No. 43).
Chapter 12. Compensatory Education
Subchapter 1. General Provisions
Article 1. General Provisions
History
“Director” means Director of Compensatory Education.
HISTORY
1. New Chap. 1 (§§ 12000 and 12001) filed 1-14-70; effective thirtieth day thereafter (Register 70, No. 3).
History
HISTORY
1. Repealer filed 5-17-74; effective thirtieth day thereafter (Register 74, No. 20).
Subchapter 2. Migrant Education
Article 1. Program Requirements
§12010. Types of Programs That May Be Supported Through the Use of Migrant Education Funds.
Note • History
NOTE
Authority cited: Sections 33031 and 54445, Education Code. Reference: 20 USC 2761 and 2762; 34 CFR 204.1, 204.50, 204.51 and 204.65; and Sections 54440, 54442, 54443, 54443.1 and 54444, Education Code.
HISTORY
1. New Chapter 2 (Articles 1-4, Sections 12010-12026, not consecutive) filed 1-31-83; effective thirtieth day thereafter (Register 83, No. 6). For history of former Chapter 2, see Register 74, No. 20.
2. Repealer filed 5-10-88; operative 6-9-88 (Register 88, No. 20).
§12011. Monitoring and Enforcement of Regulations.
Note • History
NOTE
Authority cited: Sections 33031 and 54445, Education Code. Reference: 20 USC 2761, 2814; 34 CFR 200.21, 200.150, 200.151, No. 12--January 19, 1981; 34 CFR 204.10(a), 204.61; and Sections 54442 and 54443.1(g), Education Code.
HISTORY
1. New section filed 7-8-83; effective thirtieth day thereafter (Register 83, No. 28).
2. Repealer filed 5-10-88; operative 6-9-88 (Register 88, No. 20).
§12012. Composition of a Parent Advisory Council.
Note • History
NOTE
Authority cited: Sections 33031 and 54445, Education Code. Reference: 20 USC 2735, 2761 and 2762; 34 CFR 204.55; and Section 54444.2, Education Code.
HISTORY
1. Repealer filed 5-10-88; operative 6-9-88 (Register 88, No. 20).
Article 2. Program Eligibility
§12013. Determining and Documenting Student Eligibility.
Note • History
NOTE
Authority cited: Sections 33031 and 54445, Education Code. Reference: 20 USC 2761, 2762, 2763; 34 CFR 204.12, 204.24, 204.54, 204.56; and Sections 54441, 54441.5, 54443 and 54444, Education Code.
HISTORY
1. New Article 2 (Section 12013) filed 7-8-83; effective thirtieth day thereafter (Register 83, No. 28).
2. Repealer filed 5-10-88; operative 6-9-88 (Register 88, No. 20).
Article 3. Complaint Procedures
§12015. Where to File the Complaint.
Note • History
NOTE
Authority cited: Sections 33031 and 54445, Education Code. Reference: 20 USC 2815; 34 CFR 200.182, No. 12--January 19, 1981; and Section 54442, Education Code.
HISTORY
1. Repealer filed 5-10-88; operative 6-9-88 (Register 88, No. 20).
§12016. When Direct Involvement by the State Department of Education (SDE) Is Necessary.
Note • History
NOTE
Authority cited: Sections 33031 and 54445, Education Code. Reference: 20 USC 2738 and 2815; 34 CFR 200.182 and 200.186, No. 12--January 19, 1981; and Sections 54442 and 54443.1, Education Code.
HISTORY
1. Repealer filed 5-10-88; operative 6-9-88 (Register 88, No. 20).
§12017. Procedures Which the Operating Agency Must Adhere to When Resolving a Complaint.
Note • History
NOTE
Authority cited: Sections 33031 and 54445, Education Code. Reference: 20 USC 2738; 34 CFR 200.183, 200.184 and 200.185, No. 12--January 19, 1981; and Section 54442, Education Code.
HISTORY
1. Repealer filed 5-10-88; operative 6-9-88 (Register 88, No. 20).
§12018. Procedures Which the SDE Must Adhere to When Resolving a Complaint.
Note • History
NOTE
Authority cited: Sections 33031 and 54445, Education Code. Reference: 20 USC 2815; 34 CFR 200.186 and 200.187; and Section 54442, Education Code.
HISTORY
1. Repealer filed 5-10-88; operative 6-9-88 (Register 88, No. 20).
Article 4. Fiscal Allocation and Service Delivery Structure
§12019. Criteria for Designation as a Migrant Service Center.
Note • History
NOTE
Authority cited: Sections 33031 and 54445, Education Code. Reference: 20 USC 2731, 2734(d), 2761, 2762 and 3142; 34 CFR 204.50(d)(2) and 204.51; and Sections 54440, 54442, 54443.1, 54444 and 54444.1, Education Code.
HISTORY
1. Repealer filed 5-10-88; operative 6-9-88 (Register 88, No. 20).
§12020. What the Service Agreement Shall Contain.
Note • History
NOTE
Authority cited: Sections 33031 and 54445, Education Code. Reference: 20 USC 2734, 2761 and 2762; and Section 54444.1, Education Code.
HISTORY
1. Repealer filed 5-10-88; operative 6-9-88 (Register 88, No. 20).
§12021. Functions and Responsibilities To Be Carried Out by the Lead Agency of a Migrant Service Center.
Note • History
NOTE
Authority cited: Sections 33031 and 54445, Education Code. Reference: 20 USC 2761, 2762 and 3142; 34 CFR 204.30; and Education Code Sections 54442, 54444.1 and 54444.4.
HISTORY
1. Repealer filed 5-10-88; operative 6-9-88 (Register 88, No. 20).
§12022. How a Migrant Service Center May Apply to Conduct a Migrant Education Project.
Note • History
NOTE
Authority cited: Sections 33031 and 54445, Education Code. Reference: 20 USC 1232(e), 2761, 2762 and 3142; 34 CFR 204.30, 204.32 and 204.41; Sections 54441(e), 54444.1, 54444.3 and 54444.4, Education Code.
HISTORY
1. Repealer filed 5-10-88; operative 6-9-88 (Register 88, No. 20).
§12023. How a Migrant Service Center May Revise Its Three-Year Project Application.
Note • History
NOTE
Authority cited: Sections 33031 and 54445, Education Code. Reference: 20 USC 2761 and 2762; 34 CFR 204.50; and Section 54444.1, Education Code.
HISTORY
1. Repealer filed 5-10-88; operative 6-9-88 (Register 88, No. 20).
§12024. How Migrant Education Funds Allocated to a School District May Be Reallocated by a Migrant Service Center.
Note • History
NOTE
Authority cited: Sections 33031 and 54445, Education Code. Reference: 20 USC 2761 and 2762; 34 CFR 204.50; and Section 54444.1, Education Code.
HISTORY
1. Repealer filed 5-10-88; operative 6-9-88 (Register 88, No. 20).
§12025. Procedure for Granting an Award to a Migrant Service Center.
Note • History
NOTE
Authority cited: Sections 33031 and 54445, Education Code. Reference: 20 USC 2761, 2762; 34 CFR 204.40; and Section 54444.1, Education Code.
HISTORY
1. Repealer filed 5-10-88; operative 6-9-88 (Register 88, No. 20).
§12026. Definitions Applicable to the State Migrant Education Program.
Note • History
NOTE
Authority cited: Sections 33031 and 54445, Education Code. Reference: 20 USC 2854; and Section 54441, Education Code.
HISTORY
1. Repealer filed 5-10-88; operative 6-9-88 (Register 88, No. 20).
Subchapter 4. Preschool Educational Programs
HISTORY
1. Repealer of Chapter 4 (Sections 12020-12037) filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39). For prior history, see Register 70, No. 3; Register 72, No. 30 and Register 74, No. 20.
Subchapter 5. Special Teacher Employment Programs (K-6)
(Education Code Sections 54480-54487)
Article 1. General Provisions
Note • History
(a) “Concentrated Area of Poverty and Social Tension.”
“A concentrated area of poverty and social tension in the state,” as used in Article 5 (beginning with Section 54480) of Chapter 4 of Part 29 of the Education Code means a census tract in an urban area as urban area is described in the 1960 federal decennial census served by an elementary school or schools with respect to which tract both of the following circumstances exist:
(1) The census tract was served by an elementary school or schools that on October 1, 1968, had a high proportion of pupils taking the October 1968 sixth grade state reading achievement test whose score on that test fell at or below the first (lowest) quartile score.
(2) The 1960 decennial census shows with respect to the tract both of the following:
(A) At least 20% of the families reported a 1959 income of less than $3,000.
(B) A high percentage of unemployment of those in the labor force as reported for 1959.
(b) “Public School Population.”
For the purpose of allocating funds available for programs under Education Code Section 54480, public school population means the October 1968 enrollment reported for the elementary schools serving a most concentrated area of poverty and social tension. When a qualified elementary school has been closed subsequent to October 1, 1965, the services provided to the children of that qualified school shall be made available in the school or schools designated to serve the area of the formerly qualified elementary school.
NOTE
Authority cited for Chapter 5: Section 54483, Education Code.
HISTORY
1. New Chapter 5 (§§ 12050 through 12052, 12060, 12061, 12065 through 12070) filed 1-14-70; effective thirtieth day thereafter (Register 70, No. 3).
2. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§12051. Identification of the Most Concentrated Areas.
History
The “most concentrated areas of poverty and social tension” or a “designated area of disadvantage” as used in Chapter 4 of Part 31 of the Education Code shall be either of the following:
(a) The area served by elementary schools identified and determined by ranking the elementary schools serving those census tracts that are concentrated areas of poverty and social tension as defined in Section 12050 (a) in accordance with a severity score based upon the sum of the following:
(1) The percentage of the pupils enrolled in the school who took the October 1968 sixth grade state reading achievement test whose score was at or below the first quartile;
(2) The percentage of families (at least 20%) in the census tract or tracts served in whole or in part by the school whose 1959 income reported to the census was under $3,000 and;
(3) Twice the percentage of unemployment reported by the 1960 decennial census for the census tract or tracts served in whole or in part by the school; or
(b) The Director may designate as “a most concentrated area of poverty and social tension” the attendance area of an elementary school that has been identified and approved as a target area school for purposes of Title I, ESEA program services in a school district in which there are schools declared eligible in accord with the scores computed under subparagraphs (1), (2), and (3) of subsection (a). The selection of such school attendance areas shall be based primarily on the criteria of high concentration of children from low income and AFDC families.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Districts shall give priority to projects or programs that provide for innovative methods for utilization of teachers and classroom space and for the evaluation of those methods.
§12060. Application for Funds. [Repealed]
History
HISTORY
1. Repealer filed 5-17-74; effective thirtieth day thereafter (Register 74, No. 20).
§12061. Content of Application for Grants. [Repealed]
History
HISTORY
1. Repealer filed 5-17-74; effective thirtieth day thereafter (Register 74, No. 20).
Article 3. Teacher Aides
History
A school district, in evaluating the qualifications of a prospective teacher aide to be employed pursuant to Education Code Section 54482, shall place primary consideration on such person's basic knowledge and skills, personality factors, and his relationship to the community in which he is to serve.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
History
Each person employed as a teachers' aide shall have on file with the district a certificate defined in Education Code Section 49406 that indicates freedom of such person from active tuberculosis.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§12067. Duties Under Supervision of Classroom Teacher.
A teacher aide shall be under the immediate supervision and direction of a certificated classroom teacher, with a reasonable physical proximity between the aide's work station and the teacher's work station, so that there is ready communication between teacher and aide and ease of supervision of the aide. Under such supervision, the teacher aide may engage in activities that include tutoring of individuals or very small groups of pupils as directed by the teacher.
§12068. Duties Not Under Direct Supervision of Classroom Teacher.
A teacher aide may perform assigned duties while not under the direct supervision of the teacher for a period not in excess of 25 per cent of the time for which he is engaged in the performance of his duties during any school day. The duties which a teacher aide may perform while not under the direct supervision of a teacher shall not include independent control or supervision of pupils except during designated noninstructional sessions. While not under the direct supervision of a teacher, a teacher aide may prepare materials as directed by the teacher, provide personal assistance to designated pupils in the event of an emergency, and visit pupils' homes when directed by the teacher in accordance with school district policy, and perform other duties as assigned by the teacher.
§12069. Relation to Instructional Program.
The activities of teacher aides shall be directly related to the instructional program and to reinforcement of the teachers' effectiveness in carrying on the instructional program. Teacher aides shall not be assigned duties that make them unavailable to assist teachers in instructional programs.
§12070. Assignment on Team Basis.
Teacher aides may be assigned on a team or cooperative basis to assist in providing remedial instruction or in improving the quality of the regular instructional program.
Subchapter 6. Demonstration Programs in Intensive Instruction (Reading and Mathematics) for Low Achieving Pupils in Grade 7, 8 or 9
(Education Code sections 58600-58608)
Article 1. General Provisions
Note • History
(a) “Exemplary program” as used in Chapter 4 of Part 31 of the Education Code and in these regulations means the administration of an innovative, creative program over and above the district's regular program that can serve as a model for future programs.
(b) “Model Demonstration Program” as used in Article 2 of Chapter 4 of Part 31 of the Education Code and in these regulations means an exemplary project using research data and experimentation to focus on the conduct of intensive instruction in reading and mathematics.
NOTE
Authority cited for Chapter 6: Sections 54462 and 58605, Education Code.
HISTORY
1. New Chapter 6 (§§ 12090 through 12095, 12097, 12098, 12099) filed 1-14-70; effective thirtieth day thereafter (Register 70, No. 3).
2. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Article 2. Applications
§12091. Application for Funds.
History
An applicant for funds to conduct programs under this chapter shall:
(a) Be identified as a “most concentrated area of poverty and social tension” described in Section 12051 or a “designated area of disadvantage” described in Education Code Section 58600, and
(b) Meet the requirements of subsections (a) through (e) of Sections 12060 and 12061.
HISTORY
1. Amendment of subsection (a) filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§12092. Application for Approval of Demonstration Program.
History
An application by the governing board of a school district to establish and operate a program under Chapter 4 of Part 31 of the Education Code shall be made in accordance with the instructions provided on forms furnished by the Director and shall contain a detailed description and analysis of the program including the manner in which the standards and criteria established by this article are to be complied with, and such other information as specified by the Director.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§12093. Programs Operated by Public or Private Agencies.
When a program is to be conducted by a school district through a public or private agency, foundation, or corporation, the district shall submit with its application a statement containing evidence that the agency, foundation, or corporation is competent to conduct the program.
A demonstration program shall be designed to create an atmosphere or climate for learning, to motivate the pupil for further learning and to insure educational attainment or success in reading and mathematics. A demonstration program shall have the following specific goals:
(a) Development of creative programs to serve as models or guides for improved instruction generally and for compensatory education specifically.
(b) Experimentation with new curricula and methodology designed to meet specific needs of low achieving pupils.
(c) Analysis and assessment of the abilities and needs of low achieving pupils.
(d) Providing of individualized instruction.
(e) Employment of a variety of approaches to systematic, sequential skills development.
(f) Corrective programs for pupils performing one year or more below grade expectancy level.
§12095. Evaluation Committee. Preceding Approval.
When a demonstration program is to be conducted by a school district through contract with a public or private agency, foundation, or corporation, the agency, foundation, or corporation, and its competence and ability to conduct the program, shall be evaluated by an evaluation committee which shall consist of four members appointed by the Director as follows:
(a) One member known for his interest and leadership in industrial training.
(b) One member eminent in the field of education.
(c) One member who is an established authority in teaching reading.
(d) One member who is an established authority in teaching mathematics.
The committee shall confer with, advise and make recommendations to, the Director with respect to its evaluations and findings.
Article 3. Personnel in Program
§12097. Teaching and Supervisory Personnel.
History
A person serving as a teacher or supervisor in a demonstration program who is employed by a public or private agency, foundation, or corporation shall possess a valid California certification document unless this requirement has been waived pursuant to Education Code Section 58603.
When this requirement has been so waived:
(a) A person serving as a teacher shall be experienced and competent in teaching reading or mathematics.
(b) A person serving as supervisor shall be knowledgeable in the current practices in reading and mathematics.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
History
Any nonteaching aide, nonteaching assistant or teacher aide employed to assist in a demonstration program pursuant to statutory authorization (including Education Code Section 58603), shall perform such functions, in accordance with such statutory authorization, as shall be determined by the district. An application submitted pursuant to Section 12092 shall indicate the number of assistants or aides, their qualifications and duties.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Article 4. Evaluation of Program
A district or other entity operating a demonstration program shall periodically evaluate the program which shall include an evaluation of pupil achievement.
Subchapter 7. New Careers in Education Programs
(Education Code Sections 44520-44534)
Article 1. General Provisions
Note • History
(a) “Program” means the activities conducted by the California Department of Education, local school districts, and cooperating institutions of higher education for the purpose of carrying out the provisions of Article 5 of Chapter 3, Part 25, sections 44520-44534.
(b) “Intern” means a person who has met eligibility requirements, been selected, and is receiving support from the Program toward the completion of collegiate preparation for and attainment of an elementary school teaching credential.
(c) “Institution of Higher Education (I.H.E.)” means a university or a college which provides courses which will enable a person to meet the requirements of a California teaching credential. The university means any location where classes of that university are operated or offered.
(d) “Preservice Program” means collaborative guidance and training offered by the cooperating I.H.E. and the school district.
(e) “Team Leader” means an experienced teacher who has demonstrated the capability in teaching educationally disadvantaged pupils and is responsible to direct, aid, coordinate and supervise interns and who is released, at least in part time, from other duties in order to perform this coordination and supervision.
(f) “Director of Compensatory Education” means the Assistant Superintendent of Public Instruction for Compensatory Education.
(g) “Tuition Scholarship” means program and local district funds paid to the intern or on the intern's behalf to cover normal expenses of attending an I.H.E.
(h) “Fellowship Expense Grant” means program and local district funds paid for the subsistence of interns and their eligible dependents while actively enrolled in the Program.
NOTE
Authority cited: Sections 33031 and 44532, Education Code.
HISTORY
1. New Chapter 7 (Article 1, Sections 13000-13017) filed 1-16-76; effective thirtieth day thereafter (Register 76, No. 3).
2. Amendment of subsection (a) and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Change without regulatory effect amending section and Note filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§13001. Basic Requirements of the Program.
The basic purpose of the program is to carefully select, from among persons whose background and experience makes them familiar with the life problems of low-income and minority students, individuals who have completed 60 semester course units or the equivalent number of quarter units of lower division college work, who otherwise could not be expected to complete collegiate education, and to facilitate their becoming credentialed elementary school teachers. The program incorporates academic study with on-the-job training. For this reason, local school districts are the eligible applicant agencies and maintain control over the nonacademic learning opportunities of the interns.
§13002. Intern Financial Support.
The following items relate to the support of a New Careers in Education intern:
(a) Fellowship Expense Grants--Interns shall receive Fellowship Expense Grants of $75 per week throughout the months of the year in which they are enrolled as full-time college students. The support will continue to be provided between college semesters or quarters, and between the academic year and college summer sessions. During periods when interns are not attending college classes, the local school district may assign responsibilities related to the education of disadvantaged children. Interns may be provided the same vacations as local school district employees without loss of support.
(b) Fellowship Expense Grant Supplements--Fellowship expense grant supplements of $15 per week for each legal dependent of the intern may be added to the basic fellowship expense grant.
(c) Tuition Scholarship--Tuition scholarships include but are not limited to those charges by an institution of higher education for attending classes and necessary related costs including books, materials, fees, and transportation costs.
(d) Eligibility for Income Supplements--It is the intent of the State Board of Education, in adopting these regulations, to define the internship and the scholarship and fellowship assistance provided by this program in such ways as may protect the eligibility of interns for income supplements, health benefits, or other services which would be available to them if they were not New Careers in Education interns.
§13003. Duties of Team Leader.
A team leader shall devote at least one-half time to the following duties:
(a) Direct, aid, and coordinate intern's activities.
(b) Supervise interns and their internship activities.
(c) Participate in screening candidates for consideration for internships.
(d) Meet with intern individually to provide guidance and counsel.
(e) Plan and conduct or arrange for other persons to conduct inservice and preservice training for interns.
(f) Arrange for interns to be aware of meetings for professional growth.
(g) Collect data necessary for reporting on the progress of interns.
(h) Arrange for supervising teachers and check to make certain that their participation is helping to implement the objectives of the program for the benefit of the interns.
(i) Assist interns to develop skills and other abilities necessary for effective teaching.
(j) Supervise at least six but not more than 10 interns.
(k) Assist in the teaching process in the participating school.
(l) Participate in facilitating the teacher education program for the interns.
§13004. Compensation of Team Leaders.
Team leaders shall receive compensation at a rate the equivalent to that paid other experienced teachers in the school district with similar professional preparation and responsibilities.
§13005. Coordination with the Compensatory Education Program.
In keeping with the basic purpose of the New Careers in Education program, coordination with the school district staff who work in the area of compensatory education is required.
§13006. Funds for Student Support.
At least 70 percent of the New Careers in Education funds allocated to a school district must be expended for the direct support of interns through tuition scholarships and fellowship expense grants.
All interns must meet the following requirements:
(a) At least 60 units of college credit have been acquired, and it is predicted that the student will qualify for the credential within two calendar years.
(b) The individual is to have lived or worked extensively in areas of high concentration of low-income families or is a member of a minority or racial ethnic group who has lived or worked extensively in low-income areas.
(c) Must have a high teaching potential and meet qualifications for the issuance of a credential.
(d) Shows reasonable evidence that the intern will teach for at least two years following the earning of a credential in a school in a low-income area.
(e) Is registered for at least twelve semester units per semester or the equivalent number of units in an institution operating on a quarterly basis.
Interns will be selected on the basis of careful review of applications showing the qualifications of all interested individuals including teacher aides. The selection must carry out the district's classified personnel hiring policies.
§13009. Applications for Funding.
History
Applications are to be submitted to the Director of Compensatory Education (Assistant Superintendent of Public Instruction or Compensatory Education) with these conditions and assurances:
(a) The local education agency (LEA) must give assurance that the school district intends to employ successful graduates.
(b) The intern shall give reasonable evidence that he or she will teach for at least two years following the training program in a school located in a low-income area.
(c) The collaborating institution of higher education must plan a program with the LEA and jointly select team leaders and interns.
(d) The LEA serves as funding agency.
(e) The educational programs for interns will be competency-based with objectives identified and evaluation procedures specified.
(f) Community representatives have an advisory role in planning, implementing and evaluating the program.
(g) An annual report will be submitted in the form prescribed by the California Department of Education.
(h) Assurances that auditable records will be on file.
(i) Assurance of compliance with the California Administrative Code of Regulations and the California Education Code.
(j) Assurance that ethnic balance has been considered in selecting interns.
(k) Assurance that data is provided on compensation allowances and training costs.
(l) A budget is provided indicating specific amounts to be allocated under each object of expenditure.
HISTORY
1. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§13010. Eliminating an Intern from a Program.
When representatives of the school district or of the collaborating institution of higher education have concerns about the retention in the program of a particular intern, a review committee consisting of the team leader, a school district administrator, a cooperating classroom teacher, and a faculty member from the collaborating institution of higher education shall be convened to provide counsel and guidance for the intern. An intern may be dropped from the program after due process.
§13011. District Responsibilities.
The district is responsible for the following:
(a) Pay at least 10 percent, but not more than 90 percent of the salaries, fringe benefits, tuition scholarships, and fellowship expense grants to be paid the team leaders and the interns.
(b) Provision of support services to team leaders and interns on the same basis by which services are provided to other staff members in the district.
§13012. Services Provided by Institutions of Higher Education.
In selecting collaborating institutions of higher education, the school district shall obtain assurances that any services provided to other students in the university will be provided to the interns.
§13013. Maintenance of Effort.
The new Careers in Education Act funds are intended to supplement and not supplant other federal, state, or local funds. Applicants for this program are required to maintain, in each school in which the New Careers interns and team leaders are employed and trained, a level of expenditure that is at least equal to the level of expenditure that would be maintained if New Careers in Education funds were not being expended.
§13014. Program and Reporting.
History
Each funded agency must submit a year-end report to the California Department of Education (CDE) in a form to be provided by the CDE. Annual reports are due in Sacramento by the close of business, August 31 of each year.
HISTORY
1. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§13015. Fiscal and Technical Requirements.
District and county superintendents maintaining programs shall develop budget accounts records, claims for reimbursement, and reports in accordance with the California School Accounting Manual. Auditable records shall be developed by the school districts or county superintendents to document compliance with regulations.
§13016. Compliance with Nondiscrimination Requirements.
Each application shall include assurance that the applicant agencies have complied with Title VI, Civil Rights Act of 1964, and Title IX, Education Act of 1972, Section 34, Title 5, of the California Administrative Code, and the California Fair Employment Practices Act, as amended.
History
Applicant districts may apply to the State Board of Education for waivers from provisions of the California Education Code under provisions of Education Code Sections 52021 with respect to early childhood education schools and Section 58603 with respect to ESEA Title I schools if the granting of such waivers (which are not inconsistent with federal statutes or regulations) will aid such applicant district in establishment and operation of early childhood education programs or compensatory education programs for low-income children.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Subchapter 9. Professional Development and Program Improvement Programs
Article 1. General Provisions
Note • History
(a) “Center” means a professional development and program improvement center which is an elementary school designated as such upon application of a school district to the State Board of Education (SBE). It is a school in which a program under either Title I of the Elementary and Secondary Education Act of 1965, the Miller-Unruh Basic Reading Act (Chapter 2 commencing with section 54100 of Part 29), the Educationally Disadvantaged Youth Programs (Chapter 1 commencing with section 54000 of Part 29), or the Early Childhood Education Program (Chapter 6 commencing with section 52000 of Part 28) is in operation.
(b) “Satellite School” means any other school or schools in the district designated as such by the district and/or county superintendent of schools and approved by the SBE. Satellite schools shall be named in accordance with the priority measures established by section 44636.
(c) “Program” means a professional development and program improvement center program established pursuant to this article.
(d) “Joint Program” shall means a program undertaken through joint agreement by two or more school districts or county superintendents of schools joined together for the purpose of providing in-service training to administrators and teachers teaching kindergarten and grades 1 through 8.
(e) “Funding” means those state and/or federal monies which may be appropriated by the legislature and/or congress for the purposes of the operation of the Program Development and Program Improvement Act of 1968, as amended and the allocations of such monies to the school districts and/or county superintendents of schools pursuant to Education Code section 44643 as amended, and such federal statutes, regulations, or executive orders as may be applicable to such programs.
(f) “Performance Objective” means an intent communicated by a statement in writing describing the proposed change in a learner (teacher, administrator, aide). Such changes must be observable and measurable.
(g) “Evaluation” means a systematic inquiry in writing to determine the effectiveness of an educational endeavor.
(h) “Evaluation Design” means a structured plan in writing to determine the effectiveness of a project.
(i) “Inservice Training” means the education and training of teachers and other school personnel who are employees of a local educational agency and require no additional training or education to meet state teachers certification qualifications. Exceptions are made for personnel who have intern status and who need additional course work and training to meet state certification requirements for the standard teaching credentials.
(j) “Preservice Training” means the education and training of teachers and other school personnel who are, or may become, participants in the programs or joint programs contemplated by the Professional Development and Program Improvement Act of 1968, which shall be specifically designed and implemented in such a manner as to prepare such teachers or other school personnel for their participation in this program.
(k) “Master Teacher” means the one who has been determined to be an outstanding teacher by the school district and/or the county superintendent of schools and the cooperating institution of higher education.
(l) “Resource Teacher” means a master teacher as defined in subdivision (k) above in reading and mathematics for purposes of this program.
(m) “Specialist Teacher” means a master teacher in reading and/or mathematics as referred to in Chapter 1499, Statutes of 1974 (commencing with Education Code section 44631) for purposes of this program. This term is also used as a synonym of the words resource teacher in this program.
(n) “Project Budget” means that amount of money specifically set forth in the applications of the school districts and/or the county superintendents of schools which may be approved by the SBE for the operation of these programs.
(o) “Replacement Teacher” means an individual who holds an appropriate California teaching credential and who replaces the teacher in the satellite school in order that the satellite teacher may receive training in the center school program. Long-term and short-term substitute teachers may be used.
(p) “Satellite School Trainee” means a person who holds a position in the satellite school and is eligible to participate in the training program.
(q) “Staff Development” means the development of personnel competencies that promote pupil achievement.
(r) “Training Cycle” means a specified period of time devoted to the intensive training of school personnel.
NOTE
Authority cited: Sections 33031 and 44639, Education Code.
HISTORY
1. New Chapter 9 (§§ 13025-13044) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).
2. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Change without regulatory effect amending section and Note filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§13026. Agencies Eligible to Apply.
Any public school district and/or county superintendent of schools may make application for funds under the Professional Development and Program Improvement Act of 1968 as amended by Chapter 1499, Statutes of 1974-75.
§13027. Establishing Professional Development Centers and Programs.
History
Educational agencies applying for funds under provisions contained in Education Code Sections 44635 and 44638 shall provide assurances that:
(a) Professional development and program improvement centers will be established to strengthen the instructional techniques of classroom teachers and other instructional personnel in kindergarten and grades one through six to improve the educational achievement of pupils in reading and mathematics.
(b) Joint programs shall be designed to strengthen the instructional techniques of classroom teachers and other instructional personnel in kindergarten and grades one through eight to improve the achievement of pupils in reading and mathematics.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
History
The school designated as the center shall meet all of the following requirements:
(a) Be an elementary school which is classified as either an Elementary and Secondary Education Act Title I school, a Miller-Unruh school (E.C. 54100 et seq.), an educationally disadvantaged youth school (E.C. 54000 et seq.), or an early childhood education school (E.C. 52000 et seq.).
(b) Have master teachers determined by the local school district and/or the county superintendent and the participating teacher training institution to be outstanding.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§13029. Selecting Satellite Schools.
Schools designated as satellite schools shall:
(a) Have the largest concentration of pupils whose reading or mathematics achievement scores or both fall below the first quartile as measured by standardized tests in reading and mathematics.
(b) Have one or more master teachers who will be identified to act as resource teachers in reading and mathematics.
(c) Maintain a summer session and integrate their instructional programs with the inservice training program performed during the summer.
(d) Have the largest concentration of teachers who will assure the district that they will continue to teach in the satellite schools for at least two years following their participation in the training program.
(e) Be schools with K-6 enrollments or in districts using the K-3, 4-6 plan of organization, or schools in which a primary school feeds into an intermediate school serving substantially the same attendance areas, or in joint schools, or county superintendents serving K-8 schools.
(f) Satellite schools shall be selected annually by a ranking process based on (a) above.
History
The applicant school district or county superintendent of schools shall give assurances that the following requirements and standards will be met in selecting personnel for the center.
(a) The director of the center program shall be appointed by the school district or county superintendent of schools with the concurrence of the cooperating teacher training institution.
(b) School districts shall select master teachers that are judged to be outstanding by the participating teacher training institution and the local school district or county superintendent of schools.
(c) All professional staff from the teacher training institution assigned to the center school shall have the concurrence of the applicant school district or county superintendent of schools.
(d) Applicant school districts or county superintendents of schools shall cooperate with one or more higher education institutions in the planning, implementation, and evaluation of the training program.
(e) The school districts or county superintendents of schools shall provide professional development program centers with adequate staff to perform auxiliary and administrative services, teacher aides, and replacement teachers.
(f) All project staff, except those employed by teacher preparation institutions, with the training project shall have standard California credentials.
HISTORY
1. Editorial correction of section number Reg. 77, No. 39.
All instructional and administrative school personnel from satellite schools and/or participating schools are required to participate in the center program on a rotational basis.
§13032. Professional Development Steering Committee.
In addition to any other school or school district advisory committees, districts participating in professional development center programs shall form a professional development steering committee. The professional development steering committee shall maintain liaison with the school and school district advisory committees and should keep these committees informed of the status of the program. The professional development steering committee shall consist of but not be limited to the following membership:
(a) The director of all staff development programs, operating within the district.
(b) All principals of the schools in which the professional development and program improvement center will be conducted.
(c) A representative from the institution of higher education which will cooperate with the school district in implementing the professional development and program improvement center.
(d) A representative of the group of master teachers involved in the training program.
(e) A representative of the group of participants and/or graduates of previous professional development center programs.
§13033. Integration of the Center Program with Other Staff Development or Training Programs.
Professional development centers/joint programs must be integrated with existing staff development activities for reading and mathematics within the school district and within the schools in which the training occurs. This integration system must be described in the application for funds, and must include people, physical facilities, materials, and equipment, whether funded by any local, other state, or federal program source.
§13034. Summer School Training Required.
Each center and satellite school shall participate in a summer school for students and each project shall include a summer training component.
§13035. Maintenance of Effort.
Professional Development and Program Improvement Act funds are intended to supplement and not supplant other federal, state, and local funds. Applicants for this program are required to maintain, in each school in which professional development participants are employed and trained, a level of expenditure that is at least equal to the level of expenditure that would be maintained if professional development funds were not being expended.
§13036. Legislative Ceiling on Per Capita Cost.
The maximum number of dollars per participant under the appropriation for this program is established by law. Participants are administrators, teachers, aides, replacement teachers, auxiliary personnel, and others who receive training.
§13037. Competitive Nature of the Program.
History
It is the intent of the legislature that funds available be distributed throughout California. Applications will be ranked on the basis of Education Code Sections 44635, 44636 or 44638. The highest ranked applications will be recommended for funding.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§13038. Development of Program.
(a) Needs Assessment.
Each application shall include comprehensive data on the unmet needs of the student population and of the administrative and instructional staff members of the participating schools. Data submitted must include, but is not limited to, input from students, parents, and staff members. Special emphasis must be given to the needs for improved pupil achievement in reading and mathematics.
(b) Objectives.
Each application shall include statements of objectives, stated in performance terms, with performance criteria identified for all participants in the project.
(c) Activities.
Each application shall include descriptions of the system of rotation by which the participants will be released from regular duties, receive concentrated training, receive follow-up support, and be assessed. Summer school activities shall be described in relation to school-year activities, with a rationale for the sequence of training experience to be received by the participants. Learning groups of trainers and trainees shall be described, and organizational and flow charts provided to graphically illustrate relationships and experience sequences.
Activities must be developed around a fully described theoretical model. Appropriate references to research in teacher education shall be cited, including but not limited to data generated in previous years in the applicant district and research done at the cooperating teacher training institution. All activities must be described in an overall management plan which shows what is to be done, by whom, and by when.
§13039. Project Evaluation and Reporting.
History
Each funded agency must submit a year-end evaluation and report to the California Department of Education (CDE) in a format to be provided by the CDE. Annual reports are due in Sacramento by the close of business, July 31 of each year.
(a) Report on Program Implementation Process.
The program application as submitted and approved must be implemented. The process by which the activities described are implemented must be monitored by the Professional Development Steering Committee (Committee). The Committee's report on the degree to which the management plan has been implemented must be submitted as a component of the year-end program report.
(b) Evaluation of the Program Product.
Evaluation of the program product shall focus on two populations:
(1) Standardized achievement test data shall include scores of pupils taught for at least a full school year by a teacher who has completed the inservice training program. A comparison with scores of pupils in comparable classes taught by teachers who have not completed the training must be made.
(2) Baseline, pretraining data shall be gathered on all participants and compared with post training data. Such data shall include, but is not limited to, the objectives established for knowledge and performance skills to be mastered by the participants.
HISTORY
1. Change without regulatory effect amending first paragraph and subsection (a) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§13040. Continuity of Funding.
History
(a) Contingent upon the availability of funding, projects will, beginning with the 1975-76 fiscal year, be funded for two years. Exceptions will be projects which are found by representatives of the California Department of Education to be:
(1) Substantially out of compliance with these regulations, or
(2) Substantially at variance in program operation from the program described in the approved application.
(b) At the end of the second year of operation, programs will be reviewed in terms of:
(1) Whether the needs of the pupils have been substantially met, and
(2) Whether the program has been cost-effective in operation.
HISTORY
1. Change without regulatory effect amending subsection (a) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§13041. Reports and Inspection of Records.
On request of the Superintendent of Public Instruction, records shall be made available for inspection to verify the accuracy of reports and to determine the conformity of program activities to the applicable program plans. Each school district and county superintendent of schools maintaining programs under this chapter shall submit such reports at such times as the Superintendent of Public Instruction shall require to effect the purposes of this chapter.
§13042. Fiscal and Technical Requirements.
(a) Districts and county superintendents maintaining programs under this chapter shall develop budgets, account records, claims for reimbursement, and reports in accordance with the California School Accounting Manual.
(b) Auditable records shall be developed by the school districts or county superintendents to document compliance with federal and state regulations.
§13043. Compliance with Nondiscrimination Requirements.
History
Each application shall include assurance that the applicant agency shall comply with Title VI, Civil Rights Act of 1964, and Title IX, Education Act Amendment of 1972, sections 30 through 36 of Title 5 of the California Code of Regulations, and the California Fair Employment Practices Act, as amended.
HISTORY
1. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
History
Applicant districts may apply to the State Board of Education for waivers from provisions of the California Education Code under the provisions of Education Code Sections 52000 with respect to early childhood education schools and 58603 with respect to ESEA Title I schools if the granting of such waivers (which are not inconsistent with federal statutes or regulations) will aid such applicant districts in the establishment and operation of early childhood education programs or compensatory education programs for low income children.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Subchapter 11. School Housing Aid for Compensatory Education
(Education Code Sections 16210-16215)
Article 1. General Provisions
§13050. Application for Funds.
Note • History
An applicant for school housing aid pursuant to Education Code Sections 16210-16215 shall be identified as a “most concentrated area of poverty and social tension” described in Section 12051 or a “designated area of disadvantage” described in Education Code Section 58600.
NOTE
Authority cited for Chapter 11: Section 16213, Education Code.
HISTORY
1. New Chapter 11 (§§ 13050 through 13053) filed 1-14-70; effective thirtieth day thereafter (Register 70, No. 3).
2. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§13051. Priorities to Districts Reducing Teacher-Pupil Ratio.
History
Priorities in grants and allocations pursuant to Article 4 of Chapter 8 of Part 10 of the Education Code shall be granted to districts for use in areas designated as the most concentrated areas of poverty and social tension in the State when the district has reduced, or submitted an approvable plan for reducing, the number of pupils to full-time equivalent classroom teachers in grades kindergarten through six, inclusive, in those schools to a ratio of not more than 25-1.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
History
Priorities for purposes of grants and allocations pursuant to Article 4 of Chapter 8 of Part 10 of the Education Code shall be based upon needs and the urgency thereof, of school districts as determined by the following factors:
(a) Justification of the need for new school plants, new classrooms, acquisition of land, sites for new classrooms, or remodeling, renovation or reconstruction of existing school buildings or facilities.
(b) The number of available unused or partially used classrooms in the designated area.
(c) The number of available unused or partially used classrooms outside of the designated area which may be used reasonably to accommodate pupils from the designated area.
(d) The joint recommendation of the Bureau of School Facilities Planning and the Bureau of Intergroup Relations of the California Department of Education of district plans for new school plants, acquisition of land, sites for new classrooms, for construction of new facilities, or for remodeling, renovation, or reconstruction of existing school buildings or facilities.
(e) Availability of the district's uncommitted capital outlay funds for school housing to meet the needs of the district's plan for compensatory education.
HISTORY
1. Amendment of subsection (d) filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Change without regulatory effect amending subsection (d) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§13053. Computation of Entitlements.
History
Entitlements for school housing aid shall be computed on the basis of public school population ratios determined in accordance with Education Code Section 54483. The Director, with the approval of the State Board of Education, may modify entitlements when required by the comparative needs, and the urgency thereof, of school districts.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Subchapter 12. School Housing Aid for Districts Impacted by Seasonal Agricultural Employment [Repealed]
HISTORY
1. New subchapter 12 (Section 13070) filed 1-14-70; effective thirtieth day thereafter (Register 70, No. 3).
2. Repealer of subchapter 12 (Section 13070) filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Subchapter 13. Supplemental Educational Services
§13075. Application of this Subchapter.
Note • History
This subchapter shall apply to supplemental services providers and those seeking to provide supplemental services as specified in section 1116(e) of the No Child Left Behind (NCLB) Act of 2001 (20 U.S.C. 6316).
NOTE
Authority cited: Sections 12001 and 33031, Education Code. Reference: 20 U.S.C. Section 6316.
HISTORY
1. New subchapter 13 (section 13075) and section filed 6-20-2003 as an emergency; operative 6-20-2003 (Register 2003, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-20-2003 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-20-2003 order transmitted to OAL 9-16-2003 and filed 10-29-2003 (Register 2003, No. 44).
3. Amendment of section heading, repealer and new section and amendment of Note filed 5-6-2005; operative 5-6-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 18).
4. Amendment of subchapter heading filed 5-23-2011; operative 6-22-2011 (Register 2011, No. 21).
Note • History
For purposes of this subchapter, the following definitions apply:
(a) “Approved supplemental educational services (SES) provider” (“approved provider”) means an eligible applicant that has been approved by the State Board of Education (SBE) pursuant to the provisions of this subchapter;
(b) “Basic program” means the minimum number of sessions and hours per session needed to complete a provider's SES program as identified in the provider's application, including the administration of pre and post tests.
(c) “Demonstrated record of effectiveness in increasing the academic proficiency of students” means an eligible applicant has documented improvement in the academic performance of a majority of students who have completed the approved provider's basic program in SES, as evidenced by an increase in individual student scores for two consecutive years on pre and post tests for the subjects in which they are providing services, including national, state, district or other assessments, aligned to the California content standards in English language arts, mathematics, and/or science.
(1) “Tests” means assessments used by applicants and approved providers developed in accordance with the standards for validity and reliability as set forth in The Standards for Educational and Psychological Testing (1999)
(2) “Pre and post tests” means tests administered to a student at the beginning and conclusion of the SES tutoring program as defined in the approved application.
(A) Standardized Testing and Reporting (STAR) and the California High School Exit Examination (CAHSEE) may not be used to satisfy the requirement of pre and/or post tests.
(3) Data, must be reported, disaggregated within content area by grade level for two consecutive years, to determine whether there has been an increase in student achievement.
(d) “Eligible applicant” means a public or private (nonprofit or for-profit) entity, public school (including a charter school), private school, school district, county office of education, institution of higher education, faith-based or community-based organization, or business that is legally constituted and qualified to do business in California;
(e) “Eligible student” means a child from a low-income family, as determined by the local educational agency (LEA) for purposes of allocating funds under section 1113(c)(1), of NCLB (20 U.S.C. section 6313), who is attending a Title I funded school that is in year two or beyond of program improvement (PI);
(f) “Ineligible applicant” means an entity that is not eligible to apply to be an approved provider. An ineligible applicant includes, but is not limited to the following:
(1) County office of education that has been identified for PI, unless it bifurcates services by utilizing the procedures set in place by the SBE. The SBE procedures for bifurcation, which includes the “Intent to Bifurcate Services” form (Revised December 2009) and “Bifurcation of County Office of Education Functions” guidance (Revised December 2009) are incorporated by reference and are available under the Supplemental Educational Services Web page on the CDE's Web site at http://www.cde.ca.gov.
(2) Any individual having an ownership interest in an approved provider that was debarred or terminated as an SES provider in his or her individual capacity for two fiscal years following the fiscal year in which the provider had an ownership interest was debarred or terminated.
(g) “Student Learning Plan” (SLP) means a plan which states specific achievement goals for a student, how each student's progress will be measured, a timetable for demonstrating the student's academic achievement, and, when applicable, is consistent with a student's individualized education program (IEP) under section 614(d) of the Individuals with Disabilities Education Act or a 504 Plan under 29 U.S.C. section 794(a).
NOTE
Authority cited: Sections 12001 and 33031, Education Code. Reference: 20 U.S.C. Section 6316; and Individuals with Disabilities Education Act, sections 614 and 794(a).
HISTORY
1. New section filed 5-6-2005; operative 5-6-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 18).
2. Amendment of section and Note filed 5-23-2011; operative 6-22-2011 (Register 2011, No. 21).
§13075.2. Application for SBE Approval.
Note • History
This section sets forth the criteria upon which applicants will be evaluated by the CDE. An eligible applicant shall be recommended by the CDE for SBE approval upon receipt of a completed application and a designation of “Adequate” on the “SES Request for Application (RFA) Scoring Rubric, Cohort 2010 (posted March 2010)” which is hereby incorporated by reference. The CDE will annually post the SES Provider Application on the CDE's Web site on or before the fourth Friday in September.
(a) Eligible applicants must submit a completed application to the CDE no more than 30 business days after the CDE posts the request for application on the CDE Web site (http://www.cde.ca.gov/ta/ac/ti/supplemental.asp).
(b) A completed application shall provide a detailed description of the services provided by the applicant and shall contain only the following:
(1) A demonstrated record of effectiveness in increasing the academic proficiency of students from the two immediately preceding school years based on data, disaggregated within content area by grade level for which the SES application is submitted;
(2) At least five letters of reference from previous clients (e.g., families, schools, districts, teachers, etc.) offering testimonial information about the positive impact of the applicant's program.
(3) Assurance by the applicant that it has not been terminated by the SBE as an approved provider, pursuant to section 13075.5 of this subchapter at any time within the immediately preceding two fiscal years in which it is submitting an application;
(4) Assurance by the applicant that it has not been terminated as an approved provider of SES from any other state's list at any time within the immediately preceding two fiscal years in which it is submitting an application; or
(A) Applicant providers that have been terminated as an approved provider of SES from any other state's list at any time in the preceding two fiscal years shall provide evidence of the reasons for termination for the purpose of determining whether the violation(s) would have resulted in termination according to the criteria for termination as defined in section 13075.5.
(5) Assurance by the applicant that it has not been debarred, suspended from or deemed ineligible for any federally-funded contracts in California or in any other state, as specified in 34 C.F.R. section 85 at any time within the immediately preceding two fiscal years in which it is submitting an application;
(6) Written proof of current liability insurance coverage and an assurance it will provide the LEAs with which it contracts written proof of current liability insurance coverage and other necessary insurance of the type and in the amount required by the LEA;
(7) Evidence that it holds a valid business license issued by the California Secretary of State if it intends to provide services statewide, or that it holds a valid business license issued by the appropriate local licensing entity where it intends to provide services;
(8) If an applicant reasonably anticipates subcontracting the provision of services, it must include the following information in its application:
(A) identification of all subcontractors;
(B) complete and detailed description of the services that will be provided by each subcontractor;
(C) assurance that the applicant shall only use subcontractor(s) for whom it provides the information required by this section; and
(D) assurance that the applicant shall limit the work of each subcontractor to the services described in its application.
(9) Identification of a supervisor who resides in the state of California;
(10) A description of the staffing, fiscal, equipment, and facility resources of the organization that enable it to work with students in compliance with these regulations and applicable federal, state, and local statutes and regulations;
(11) The program cost for completing the basic program per individual student;
(12) A demonstration that it is fiscally sound, as shown by all of the following:
(A) Proof of financial resources to operate as an approved provider through the first six months of the first year for which it is seeking approval, including a description of how the organization receives funding (e.g., grants, fees-for-services, etc.) separate from reimbursements for provider services;
1. For an applicant that is currently operating as an approved provider and is reapplying to be an approved provider, proof of financial resources to operate as an approved provider may include reimbursement for provider services.
(B) Proof of financial viability (e.g., through audits, financial statements, or credit rating); and
(C) Organizational budgets that identify all sources of revenues available to the applicant and cash flow activity related to the expenditures of that revenue.
(13) Certification that the facility meets all applicable federal, state, and local health and safety laws, if instruction will occur at a facility other than the student's school or residence;
(14) Assurance that all instruction shall be provided outside of the regular school day;
(15) Evidence that its instruction will meet the following criteria:
(A) Instruction and materials will be aligned with applicable state SBE-adopted academic content standards, K-12 curriculum frameworks and K-8 SBE-adopted instructional materials or 9-12 locally-adopted materials including any intervention materials used by the LEA;
(B) Instruction will be organized and presented in a manner designed to meet the specific achievement goals of individual students;
(C) Instruction will be coordinated with the student's school program, and when applicable, the student's IEP and/or a 504 Plan;
(D) Instruction will be of high quality, research-based, and specifically designed to increase students' academic achievement in English language arts, mathematics, and/or science; and
(E) Assurance that instruction will be provided that is secular, neutral, and non-ideological.
(16) A description of the procedure for developing SLPs in consultation with parent(s)/guardian(s) and school staff;
(17) If applicable, a description of how students with disabilities and English learners will have access to SES, including descriptions of accommodations, strategies and curriculum that will meet the unique needs of these students;
(18) A description of the procedures for providing students, parent(s)/guardian(s), teachers, schools and/or districts, with regular reports of student progress;
(19) A description of how the applicant will secure parental/guardian permission to access student information (e.g., Standardized Testing and Reporting (STAR) scores, IEP, 504 Plan, and/or attendance records) maintained by the LEA for each student served for the purpose of developing a student's SLP;
(20) Assurance that the applicant shall comply with all applicable laws in obtaining personally identifiable information from a student's educational record.
(21) Assurance that all personally identifiable student level data shall not be disclosed to any other party without prior consent of the parent or guardian;
(22) Assurance that the applicant will comply with all state and federal privacy laws, including 20 U.S.C. section 1232g (FERPA), Education Code sections 49073 through 49079 inclusive, and Education Code section 60641(a)(3)(A);
(23) A description of the process of collaborating with contracting school districts in the use of individual student test results and/or other measures used for measuring student academic performance;
(24) A description of the procedures to maintain, monitor, and notify LEAs about personnel updates related to the approved provider's staff changes;
(25) The number of online tutors residing inside the United States who will be providing instructional services to SES students;
(26) The number of online tutors residing outside the United States who will be providing instructional services to SES students;
(27) A description of the procedures for completion of, and compliance with background checks pursuant to chapter 1, article 2.5 of the California Penal Code and TB tests for all persons providing direct services to students;
(A) Online tutors not in physical proximity to students may be exempted from the TB test requirement.
(28) Assurance that the applicant will comply with all applicable federal, state, and local health, safety, and civil rights laws, including mandatory child abuse reporting in accordance with Penal Code sections 11164 through 11174.3;
(29) Assurance that the applicant shall submit, by August 1, the annual SES Accountability Report (posted May 2010), on the CDE's Web site at http://www.cde.ca.gov/ta/ac/ti/ap1/logon.aspx pursuant to section 13075.4. The SES Accountability Report (posted May 2010) is hereby incorporated by reference;
(30) Assurance that the applicant shall provide the LEA with specific procedures that will be used to ensure a student's safety prior to, during and following each tutoring session, including drop off and pick up policies;
(31) Assurance that the applicant shall provide the LEA with specific procedures used to notify students and parents when sessions have been cancelled or rescheduled;
(32) A description of the ongoing staff development for its instructional staff;
(33) A description of the minimum number of sessions with the number of hours per session that together with the pre and post tests constitute a provider's basic program.
(34) Assurance that the applicant shall not transfer its approval status or sell its approval status to another entity.
(c) All completed applications received by the date specified in subdivision (a) will be reviewed by the CDE and submitted to the SBE for its approval or disapproval.
(1) The effective date of any ensuing approval will be July 1 of the next state fiscal year following SBE approval;
(2) Each approval period is for two school years.
(3) An approved provider may relinquish its approval by notifying the CDE in writing. Approved providers that relinquish their approval status will not be considered as terminated, but will be removed from the SBE-approved list for the remainder of the two-year approval period.
(4) For applicants that are not recommended by the CDE to the SBE for approval, the following process shall be adhered to:
(A) If the applicant receives notification of a failed application, the provider has 30 calendar days from the date of delivery to file a written request for appeal with the CDE. The CDE will review the request on behalf of the SBE. The request shall include an explanation of the basis for the appeal and any supporting documentation.
(B) Upon receipt of a provider's appeal, the CDE shall have 30 calendar days to review the appeal. The CDE shall have the right to request that a provider submit additional or clarifying information. The CDE shall also have the right to reasonably extend the review period for up to an additional 30 calendar days, if, in its opinion, more time is required to complete a thorough review of the appeal and supporting documents.
(C) Upon completion of its review, the CDE shall make a recommendation to the SBE to either uphold or deny the provider's appeal, including the reasons for such recommendation. The CDE shall also notify the provider that its investigation is complete, notify the provider of its recommendation and inform the provider that the recommendation has been forwarded to the SBE.
NOTE
Authority cited: Sections 12001 and 33031, Education Code. Reference: 20 U.S.C. Section 6316.
HISTORY
1. New section filed 5-6-2005; operative 5-6-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 18).
2. Amendment of section heading and section filed 5-23-2011; operative 6-22-2011 (Register 2011, No. 21).
Note • History
(a) An approved provider may enter into a subcontract not already identified in its application, if the approved provider submits written notification to the CDE 30 calendar days prior to the subcontractor providing services. The notification shall include all of the following:
(1) Identification of all subcontractors;
(2) A complete and detailed description of the services that will be provided by each subcontractor;
(3) Assurance that each subcontractor will provide services in accordance with all applicable provisions of section 13075.2(b) as described in the approved provider's application to the SBE;
(4) Assurance that the approved provider will only use subcontractor(s) for whom it provides the information required by this section; and
(5) Assurance that the approved provider will limit the work of each subcontractor to the services described in subdivision (a)(2).
(b) The term of approval is for the remainder of the approved provider's approval period.
(c) Approved providers must maintain evidence that each employee or subcontractor who has contact with students has met all requirements related to background checks.
(d) The approved provider and each of its subcontractors shall maintain and permit the CDE to audit, review, and inspect its activities, books, documents, papers, and records during the provision of services and for three years following each approval period.
NOTE
Authority cited: Sections 12001 and 33031, Education Code. Reference: Section 37200, Education Code; 20 U.S.C. Section 6316.
HISTORY
1. New section filed 5-6-2005; operative 5-6-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 18).
2. Renumbering of former section 13075.3 to section 13075.4 and new section 13075.3 filed 5-23-2011; operative 6-22-2011 (Register 2011, No. 21).
§13075.4. Submission of an Annual SES Accountability Report (posted May 2010) and Retention of Records by Approved Providers.
Note • History
(a) After providing services during a fiscal year, approved providers must submit an annual SES Accountability Report (posted May 2010) to the CDE by August 1.
(b) Approved providers who submit incomplete Accountability Reports by August 1 may be granted the opportunity to submit corrected Accountability Reports upon approval by the SBE.
NOTE
Authority cited: Sections 12001 and 33031, Education Code. Reference: 20 U.S.C. Section 6316.
HISTORY
1. New section filed 5-6-2005; operative 5-6-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 18).
2. Renumbering of former section 13075.4 to section 13075.5 and renumbering of former section 13075.3 to section 13075.4, including amendment of section heading and section, filed 5-23-2011; operative 6-22-2011 (Register 2011, No. 21).
§13075.5. Termination of an Approved Provider.
Note • History
(a) The SBE shall immediately terminate an approved provider that is debarred from any federally-funded contracts.
(b) The SBE shall terminate an approved provider that is an LEA or school identified for PI or corrective action under 20 U.S.C. section 6316 during its term of approval.
(c) The SBE may terminate an approved provider that is an LEA or a public school within an LEA, upon unification with another LEA, by the end of the semester following unification. The newly unified LEA may apply to become an approved provider at the next scheduled application cycle.
(d) The SBE may terminate an approved provider for cause if:
(1) The CDE has issued a written notice to the approved provider it has found to be noncompliant and has specified which sections the provider has violated.
(2) The approved provider has failed after 30 calendar days from the receipt of the notice issued pursuant to subdivision (d)(1) to correct the violation(s) and provide evidence of correction to the CDE.
(3) The CDE has identified the cause for termination which may include, but is not limited to, any of the following:
(A) The approved provider has failed to make available information requested by the CDE for the purpose of monitoring and/or evaluating the program;
(B) The approved provider has failed to monitor and evaluate the progress of student(s) receiving services;
(C) The approved provider has failed to meet its contractual terms with one or more LEAs during the same fiscal year, including withdrawing from offering program services to student(s) when the LEA has provided, for each site, the required number of students to be served;
(D) The approved provider has failed to deliver the basic program to at least 75 percent of the students for whom the provider has an approved LEA contract. The calculation shall apply to providers with approved LEA contracts for at least ten students and these students have attended at least one tutoring session. The calculation shall exclude those students who could not complete the program due to factors beyond the control of the providers. Providers are required to identify such factors as enumerated in the Accountability Report.
(E) The approved provider has failed to demonstrate a record of effectiveness in increasing the academic proficiency of students.
(F) The approved provider has failed to comply with applicable federal, state, and local health, safety, or civil rights laws;
(G) The approved provider has failed to act in accordance with the assurances made to the SBE in the application;
(H) The approved provider has failed to meet the reporting requirements under section 13075.4; or
(I) The approved provider has failed to provide information requested by the CDE verifying ownership of the organization within 30 calendar days of the original request.
(e) Upon occurrence of one or more of the specified changes identified in subdivisions 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, or 13 of section 13075.2(b) and/or any change to the information specified in section 13075.3(a), an approved provider has 30 calendar days to report the change or corrective action taken by the approved provider pursuant to section 13075.2(c)(4)(A) to the CDE. Failure to report such changes or corrective action will result in the termination of approval status.
(f) If the SBE determines that the subcontractor(s) identified by the approved provider pursuant to sections 13075.2(b)(8) or 13075.3 fails to adequately perform any of the services for which it has been contracted, the CDE may recommend termination of the approved provider to the SBE after notification to the approved provider and failure by the approved provider to correct the subcontractor's performance in accordance with the timeline in subdivision (e) of this section.
(g) Upon the decision to terminate a provider, the SBE shall deliver written notice to the approved provider informing it of the decision to terminate the provider and the effective date of the termination.
NOTE
Authority cited: Sections 12001 and 33031, Education Code. Reference: 20 U.S.C. Section 6316.
HISTORY
1. Renumbering of former section 13075.4 to section 13075.5, including amendment of section heading and section, filed 5-23-2011; operative 6-22-2011 (Register 2011, No. 21).
§13075.6. Appealing SBE Termination.
Note • History
(a) If a provider chooses to appeal the termination of their approval status, the following process shall be adhered to:
(1) Within 30 calendar days of receipt of the termination notification, the provider shall file a written request for appeal with the CDE, which will investigate on behalf of the SBE. The request shall include an explanation of the basis for the appeal and any supporting documentation.
(2) Upon receipt of a provider's appeal, the CDE shall have 30 calendar days to investigate the appeal. CDE shall have the right to request that a provider submit additional or clarifying information. CDE shall also have the right to reasonably extend the investigation period for up to an additional 30 calendar days, if, in its opinion, more time is required to complete a thorough review of the appeal and supporting documents.
(3) Upon completion of its investigation, CDE shall make a recommendation to the SBE to either uphold or deny the provider's appeal, including the reasons for such recommendation. CDE shall also notify the provider that its investigation is complete, notify the provider of its recommendation and inform the provider that the recommendation has been forwarded to the SBE.
NOTE
Authority cited: Sections 12001 and 33031, Education Code. Reference: 20 U.S.C. Section 6316.
HISTORY
1. New section filed 5-23-2011; operative 6-22-2011 (Register 2011, No. 21).
§13075.7. Responsibilities of LEAs for SES.
Note • History
(a) SES providers must disclose any employment or financial interest relationship of any kind for owners, employees, and independent contractors who are also employees of an LEA that the provider serves.
(b) In order to avoid a conflict of interest or the appearance of partiality, an employee of an LEA, who also administers or provides SES services, either solely or in collaboration with SES providers, or who has a financial interest of any kind in an SES provider, may not use his or her position as an employee of the LEA to encourage students of the LEA or their parents or guardians to use the services of that SES provider.
(c) LEAs must ensure that an SLP is developed for each student receiving SES.
(1) The LEA may request but not require that an approved provider develop the SLP on behalf of the LEA for each student served by the approved provider as indicated in the agreement with the LEA, if the LEA makes available the following to the approved provider:
(A) Pertinent student academic achievement data per parent and or guardian permission; and
(B) Other technical assistance that will facilitate the development of the plan.
(2) The LEA maintains the responsibility to review and approve each SLP developed by the approved provider to ensure that the SLP is developed in consultation with parent(s) or guardian(s) and contains all required information.
(d) In developing an SLP, the parent(s) or guardian(s) of each student must be consulted. This consultation must, at a minimum, provide an opportunity for the student's parent(s) or guardian(s) to express their views and have their views considered;
(1) Consultation with each student's parent(s) or guardian(s) may include, but is not limited to, communication by telephone, e-mail, home visits, parent meetings and/or parent(s) or guardian(s) signature(s). The SLP must include evidence of this consultation.
(2) In the event a consultation with a parent or guardian does not take place, but the parent or guardian has selected an approved provider for the provision of services for their child, the LEA, or an approved provider acting on its behalf, must show evidence of at least three separate attempts to contact the parent or guardian, using at least two different means of communication (e.g., telephone, U.S. Postal Service, or e-mail) to contact the parent or guardian for purposes of the consultation. The LEA, or an approved provider acting on its behalf, must develop an SLP for the student, even if the parent or guardian elects not to participate in the consultation.
NOTE
Authority cited: Sections 12001 and 33031, Education Code. Reference: 20 U.S.C. Section 6316.
HISTORY
1. New section filed 5-23-2011; operative 6-22-2011 (Register 2011, No. 21).
§13075.8. SES Implementation by Approved Providers.
Note • History
(a) The approved provider agrees to hire only tutors, including online tutors, who, at a minimum, meet the following qualifications:
(1) Completed at least two years of study at an institution of higher education;
(2) Obtained an associate's or higher degree; or
(3) Possess at least one year of education-related experience in ELA, math, and/or science prior to being hired.
(b) Only the following types of experience in ELA, math, and/or science satisfy this requirement:
(1) Experience as a tutor;
(2) Experience providing programming or instruction to youth;
(3) Experience as a substitute or youth teaching; or
(4) Experience as a paraprofessional or instructional aide.
(c) Approved providers must maintain evidence that each tutor or subcontractor has met the qualification requirements.
(d) The approved provider must designate a program monitor to which all of the following apply. The program monitor must:
(1) Reside in the State of California;
(2) Supervise the work of the teachers and tutors; and
(3) Provide access to on-going staff development for teachers and tutors.
NOTE
Authority cited: Section 12001 and 33031, Education Code. Reference: Section 33031, Education Code; and 20 U.S.C. Section 6316.
HISTORY
1. New section filed 5-23-2011; operative 6-22-2011 (Register 2011, No. 21).
Note • History
(a) An LEA may not prohibit or limit an approved provider from promoting its program or the general availability of SES to members of the community. An approved provider may distribute the LEA's enrollment form to the parent or guardian of a student enrolled in a school offering SES and submit completed forms to the LEA within two business days.
(b) Incentives provided to students by an approved provider and/or its subcontractors shall be limited to those educational materials and tools that support the delivery of the SES.
(1) The incentives shall not exceed a monetary value of $50 per student per fiscal year.
(2) The limitation of the $50 value shall not apply to computers or other technical equipment used as the primary instructional tool for the delivery of SES and given to a student after he or she completes the basic program.
NOTE
Authority cited: Section 12001 and 33031, Education Code. Reference: Section 33031, Education Code; and 20 U.S.C. Section 6316.
HISTORY
1. New section filed 5-23-2011; operative 6-22-2011 (Register 2011, No. 21).
Chapter 13. School Facilities and Equipment
Subchapter 1. School Housing
Article 1. General Standards
§14000. Policy Declaration. [Repealed]
Note • History
NOTE
Authority cited for Article 1: Sections 39000, 39100, 39101 and 39118, Education Code.
HISTORY
1. New chapter 1 (§§ 14000, 14001, 14010, 14020, 14021, 14030 through 14033, 14040 through 14045) filed 1-14-70; effective thirtieth day thereafter. Approved nunc pro tunc by State Building Standards Commission as to any building standards involved (Register 70, No. 3).
2. Amendment of section and Note filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Repealer filed 11-12-93; operative 12-13-93 (Register 93, No. 46).
Note • History
Educational facilities planned by school districts shall be:
(a) Evolved from a statement of educational program requirements which reflects the school district's educational goals and objectives.
(b) Master-planned to provide for maximum site enrollment..
(c) Located on a site which meets California Department of Education standards as specified in Section 14010.
(d) Designed for the environmental comfort and work efficiency of the occupants.
(e) Designed to require a practical minimum of maintenance.
(f) Designed to meet federal, state, and local statutory requirements for structure, fire, and public safety.
(g) Designed and engineered with flexibility to accommodate future needs.
NOTE
Authority cited: Sections 17251(b) and 33031, Education Code. Reference: Sections 17017.5 and 17251(b), Education Code.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Amendment of text and adoption of Note filed 11-12-93; operative 12-13-93 (Register 93, No. 46).
3. Amendment of Note filed 10-30-2000; operative 10-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 44).
Article 2. School Sites
§14010. Standards for School Site Selection.
Note • History
All districts shall select a school site that provides safety and that supports learning. The following standards shall apply:
(a) The net usable acreage and enrollment for a new school site shall be consistent with the numbers of acres and enrollment established in the 2000 Edition, “School Site Analysis and Development” published by the California Department of Education and incorporated into this section by reference, in toto, unless sufficient land is not available or circumstances exist due to any of the following:
(1) Urban or suburban development results in insufficient available land even after considering the option of eminent domain.
(2) Sufficient acreage is available but it would not be economically feasible to mitigate geological or environmental hazards or other site complications which pose a threat to the health and/or safety of students and staff.
(3) Sufficient acreage is available but not within the attendance area of the unhoused students or there is an extreme density of population within a given attendance area requiring a school to serve more students on a single site. Choosing an alternate site would result in extensive long-term bussing of students that would cause extreme financial hardship to the district to transport students to the proposed school site.
(4) Geographic barriers, traffic congestion, or other constraints would cause extreme financial hardship for the district to transport students to the proposed school site.
(b) If a school site is less than the recommended acreage required in subsection (a) of this section, the district shall demonstrate how the students will be provided an adequate educational program including physical education as described in the district's adopted course of study.
(c) The property line of the site even if it is a joint use agreement as described in subsection (o) of this section shall be at least the following distance from the edge of respective power line easements:
(1) 100 feet for 50-133 kV line.
(2) 150 feet for 220-230 kV line.
(3) 350 feet for 500-550 kV line.
(d) If the proposed site is within 1,500 feet of a railroad track easement, a safety study shall be done by a competent professional trained in assessing cargo manifests, frequency, speed, and schedule of railroad traffic, grade, curves, type and condition of track need for sound or safety barriers, need for pedestrian and vehicle safeguards at railroad crossings, presence of high pressure gas lines near the tracks that could rupture in the event of a derailment, preparation of an evacuation plan. In addition to the analysis, possible and reasonable mitigation measures must be identified.
(e) The site shall not be adjacent to a road or freeway that any site-related traffic and sound level studies have determined will have safety problems or sound levels which adversely affect the educational program.
(f) Pursuant to Education Code sections 17212 and 17212.5, the site shall not contain an active earthquake fault or fault trace.
(g) Pursuant to Education Code sections 17212 and 17212.5, the site is not within an area of flood or dam flood inundation unless the cost of mitigating the flood or inundation impact is reasonable.
(h) The site shall not be located near an above-ground water or fuel storage tank or within 1500 feet of the easement of an above ground or underground pipeline that can pose a safety hazard as determined by a risk analysis study, conducted by a competent professional, which may include certification from a local public utility commission.
(i) The site is not subject to moderate to high liquefaction or landslides.
(j) The shape of the site shall have a proportionate length to width ratio to accommodate the building layout, parking and playfields that can be safely supervised and does not exceed the allowed passing time to classes for the district.
(k) The site shall be easily accessible from arterial roads and shall allow minimum peripheral visibility from the planned driveways in accordance with the Sight Distance Standards established in the “Highway Design Manual,” Table 201.1, published by the Department of Transportation, July 1, 1990 edition, and incorporated into this section by reference, in toto.
(l) The site shall not be on major arterial streets with a heavy traffic pattern as determined by site-related traffic studies including those that require student crossings unless mitigation of traffic hazards and a plan for the safe arrival and departure of students appropriate to the grade level has been provided by city, county or other public agency in accordance with the “School Area Pedestrian Safety” manual published by the California Department of Transportation, 1987 edition, incorporated into this section by reference, in toto.
(m) Existing or proposed zoning of the surrounding properties shall be compatible with schools in that it would not pose a potential health or safety risk to students or staff in accordance with Education Code Section 17213 and Government Code Section 65402 and available studies of traffic surrounding the site.
(n) The site shall be located within the proposed attendance area to encourage student walking and avoid extensive bussing unless bussing is used to promote ethnic diversity.
(o) The site shall be selected to promote joint use of parks, libraries, museums and other public services, the acreage of which may be included as part of the recommended acreage as stated in subsection (a) of this section.
(p) The site shall be conveniently located for public services including but not limited to fire protection, police protection, public transit and trash disposal whenever feasible.
(q) The district shall consider environmental factors of light, wind, noise, aesthetics, and air pollution in its site selection process.
(r) Easements on or adjacent to the site shall not restrict access or building placement.
(s) The cost and complications of the following shall be considered in the site selection process and should not result in undue delays or unreasonable costs consistent with State Allocation Board standards:
(1) Distance of utilities to the site, availability and affordability of bringing utilities to the site.
(2) Site preparation including grading, drainage, demolition, hazardous cleanup, including cleanup of indigenous material such as serpentine rock, and off-site development of streets, curbs, gutters and lights.
(3) Eminent domain, relocation costs, severance damage, title clearance and legal fees.
(4) Long-term high landscaping or maintenance costs.
(5) Existence of any wildlife habitat that is on a protected or endangered species list maintained by any state or federal agency, existence of any wetlands, natural waterways, or areas that may support migratory species, or evidence of any environmentally sensitive vegetation.
(t) If the proposed site is on or within 2,000 feet of a significant disposal of hazardous waste, the school district shall contact the Department of Toxic Substances Control for a determination of whether the property should be considered a Hazardous Waste Property or Border Zone Property.
(u) At the request of the governing board of a school district, the State Superintendent of Public Instruction may grant exemptions to any of the standards in this section if the district can demonstrate that mitigation of specific circumstances overrides a standard without compromising a safe and supportive school environment.
NOTE
Authority cited: Sections 17251(b) and 33031, Education Code. Reference: Sections 17212, 17212.5, 17213, 17251(b) and 17251(f), Education Code.
HISTORY
1. Renumbering of former section 14010 to section 14011 and new section filed 11-12-93; operative 12-13-93 (Register 93, No. 46). For prior history, see Register 77, No. 39.
2. Amendment of section and Note filed 10-30-2000; operative 10-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 44).
§14011. Procedures for Site Acquisition -- State-Funded School Districts.
Note • History
A state-funded school district is defined as a school district having a project funded under Chapter 12.5 (commencing with Section 17070.10) of the Education Code. A state-funded school district, before acquiring title to real property for school use, shall obtain written approval from the California Department of Education using the following procedures:
(a) Request a preliminary conference with a consultant from the School Facilities Planning Division and in consultation review and evaluate sites under final consideration.
(b) Contact the School Facilities Planning Division of the California Department of Education to obtain a “School Facilities Planning Division Field Site Review,” form SFPD 4.0, published by the California Department of Education, as last amended in December 1999 and incorporated into this section by reference, in toto, which lists the site options in order of merit according to the site selection standards delineated in Section 14010.
(c) Prepare a statement of policies as delineated on the “School Facilities Planning Division School Site Report,” form SFPD 4.02, as last amended in December 1999 and incorporated into this section by reference, in toto, covering the range and organization of grades to be served, the transportation of pupils, and the ultimate maximum pupil enrollment to be housed on the site. Prepare a statement showing how the site is appropriate in size as justified by the school district's Facilities Master Plan, including acreage increases above the California Department of Education recommendation made to compensate for off-site mitigation. A school district may choose, in place of a master plan, a developer fee justification document or a five-year plan if it addresses enrollment projections, needed schools, and site sizes.
(d) Prepare maps showing present and proposed school sites, significant roads or highways, unsanitary or hazardous installations, such as airports or industries and the indicated boundary of the pupil attendance area to be served as delineated on form SFPD 4.02.
(e) Meet with appropriate local government, recreation, and park authorities to consider possible joint use of the grounds and buildings and to coordinate the design to benefit the intended users as required by Education Code Section 35275.
(f) Give written notice to the local planning agency having jurisdiction to review the proposed school site or addition to an existing school site and request a written report from the local planning agency of the investigations and recommendations for each proposed site with respect to conformity with the adopted general plan as required by Public Resources Code Section 21151.2 and Government Code Section 65402.
(g) Comply with Education Code Sections 17212 and 17212.5, with particular emphasis upon an engineering investigation made of the site to preclude locating the school on terrain that may be potentially hazardous:
(1) The geological and soils engineering study shall address all of the following:
(A) Nature of the site including a discussion of liquefaction, subsidence or expansive soils, slope, stability, dam or flood inundation and street flooding.
(B) Whether the site is located within a special study zone as defined in Education Code Section 17212.
(C) Potential for earthquake or other geological hazard damage.
(D) Whether the site is situated on or near a pressure ridge, geological fault or fault trace that may rupture during the life of the school building and the student risk factor.
(E) Economic feasibility of the construction effort to make the school building safe for occupancy.
(2) Other studies shall include the following:
(A) Population trends
(B) Transportation
(C) Water supply
(D) Waste disposal facilities
(E) Utilities
(F) Traffic hazards
(G) Surface drainage conditions
(H) Other factors affecting initial and operating costs.
(h) Prepare an environmental impact report, or negative declaration in compliance with the Environmental Quality Act, Public Resources Code, Division 13, (commencing with Section 21000 with particular attention to Section 21151.8). As required by Education Code Section 17213, the written findings of the environmental impact report or negative declaration must include a statement verifying that the site to be acquired for school purposes is not currently or formerly a hazardous, acutely hazardous substance release, or solid waste disposal site or, if so, that the wastes have been removed. Also, the written findings must state that the site does not contain pipelines which carry hazardous wastes or substances other than a natural gas supply line to that school or neighborhood. If hazardous air emissions are identified, the written findings must state that the health risks do not and will not constitute an actual or potential danger of public health of students or staff. If corrective measures of chronic or accidental hazardous air emissions are required under an existing order by another jurisdiction, the governing board shall make a finding that the emissions have been mitigated prior to occupancy of the school.
(i) Consult with, or demonstrate that the lead agency, if other than the district preparing the environmental impact report or negative declaration, has consulted with the appropriate city/county agency and with any air pollution control district or air quality management district having jurisdiction, concerning any facilities having hazardous or acutely hazardous air emissions within one-fourth of a mile of the proposed school site as required by Education Code Section 17213.
(j) For purposes of Environmental Site Assessment, school districts shall comply with Education Code sections 17210.1, 17213.1, and 17213.2.
(k) Follow the recommendations of the State Superintendent of Public Instruction report based upon the Department of Transportation, Division of Aeronautics, findings, if the proposed site is within two miles of the center line of an airport runway or proposed runway as required by Education Code Section 17215.
(l) Follow the standards for school site selection in Section 14010 of this article.
(m) Conduct a public hearing by the governing board of the school district as required in Education Code Section 17211 to evaluate the property using the standards described in Section 14010 of this article. The school district's facility advisory committee may provide an evaluation of the proposed site to the governing board.
(n) Submit the request for exemption from a standard in Section 14010 of this article, with a description of the mitigation that overrides the standard, to the California Department of Education.
(o) Certify there are no available alternative school district-owned sites for the project deemed usable for school purposes by the California Department of Education or certify that the school district intends to sell an available alternative school district-owned site and use the proceeds from the sale for the purchase of the new school site.
NOTE
Authority cited: Sections 17251(b) and 33031, Education Code. Reference: Sections 17070.50, 17072.12, 17210.1, 17211, 17212, 17213 and 17251(b), Education Code.
HISTORY
1. Renumbering and amendment of section 14010 to section 14011 and adoption of Note filed 11-12-93; operative 12-13-93 (Register 93, No. 46).
2. Amendment of section heading, section and Note filed 10-30-2000; operative 10-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 44).
§14012. Procedures for Site Acquisition - Locally-Funded School Districts.
Note • History
A locally-funded school district is defined as a school district with a project not applying for funding from any state program administered by the State Allocation Board as defined in Chapter 12.0 (commencing with Section 17000) or Chapter 12.5 (commencing with Section 17070.10) of the Education Code. A locally-funded school district, before acquiring title to real property for school use, shall:
(a) Evaluate the property using the standards established in Section 14010 and items (e) through (l) in Section 14011;
(b) Comply with terms of the complaint investigation described in Section 14012(d); and
(c) May request advice from the California Department of Education as described in Education Code Section 17211(a).
(d) Prepare documentation of and retain for purposes of a complaint investigation the exemption from the standard in Section 14010 of this article with a description of the mitigation that overrides the standard. Locally-funded school districts may request from the California Department of Education a review of the adequacy of the mitigation measure.
(e) Comply with Education Code section 17268 regarding potential safety or health risks to students and staff.
NOTE
Authority cited: Sections 17251(b) and 33031, Education Code. Reference: Sections 17251(a) and (b) and 17268, Education Code.
HISTORY
1. New section filed 11-12-93; operative 12-13-93 (Register 93, No. 46).
2. Repealer of former section 14012 and renumbering of former section 14013 to new section 14012, including amendment of section heading, section and Note, filed 10-30-2000; operative 10-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 44).
§14013. Procedures for Site Acquisition - Locally-Funded Districts. [Renumbered]
Note • History
NOTE
Authority cited: Section 39001(b), Education Code. Reference: Sections 17700 et. seq., 39101(a), and 39101(b), Education Code.
HISTORY
1. New section filed 11-12-93; operative 12-13-93 (Register 93, No. 46).
2. Renumbering of former section 14013 to section 14012 filed 10-30-2000; operative 10-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 44).
Article 3. Attendance Areas and Practices [Repealed]
HISTORY
1. Repealer of Article 3 (Sections 14020-14021) filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39). For prior history, see Register 70, No. 11; Register 70, No. 26 and Register 71, No. 1.
Article 4. Standards, Planning and Approval of School Facilities
§14030. Standards for Development of Plans for the Design and Construction of School Facilities.
Note • History
The following standards for new schools are for the use of all school districts for the purposes of educational appropriateness and promotion of school safety:
(a) Educational Specifications.
Prior to submitting preliminary plans for the design and construction of school facilities, and as a condition of final plan approval by CDE, school board-approved educational specifications for school design shall be prepared and submitted to the California Department of Education based on the school district's goals, objectives, policies and community input that determine the educational program and define the following:
(1) Enrollment of the school and the grade level configuration.
(2) Emphasis in curriculum content or teaching methodology that influences school design.
(3) Type, number, size, function, special characteristics of each space, and spatial relationships of the instructional area that are consistent with the educational program.
(4) Community functions that may affect the school design.
(b) Site Layout.
Parent drop off, bus loading areas, and parking shall be separated to allow students to enter and exit the school grounds safely unless these features are unavailable due to limited acreage in urban areas or restrictive locations, specifically:
(1) Buses do not pass through parking areas to enter or exit school site unless a barrier is provided that prevents vehicles from backing directly into the bus loading area.
(2) Parent drop off area is adjacent to school entrance and separate from bus area and staff parking.
(3) Vehicle traffic pattern does not interfere with foot traffic patterns. Foot traffic does not have to pass through entrance driveways to enter school. Crosswalks are clearly marked to define desired foot path to school entrance.
(4) Parking stalls are not located so vehicles must back into bus or loading areas used by parents. Island fencing or curbs are used to separate parking areas from loading/unloading areas.
(5) To provide equal access to insure the purposes of the least restrictive environment, bus drop off for handicapped students is in the same location as for regular education students.
(c) Playground and Field Areas.
Adequate physical education teaching stations shall be available to accommodate course requirements for the planned enrollment, specifically:
(1) A variety of physical education teaching stations are available to provide a comprehensive physical education program in accordance with the district's adopted course of study (including hardcourt, field area and indoor spaces).
(2) The physical education teaching stations are adequate for the planned student enrollment to complete the minimum instruction and course work defined in Education Code Sections 51210(g), 51220(d) and 51225.3(a)(1)(F).
(3) Supervision of playfields is not obstructed by buildings or objects that impair observation.
(4) Joint use for educational purposes with other public agencies is explored. Joint use layout with parks is not duplicative and fulfills both agencies' needs.
(d) Delivery and Utility Areas.
Delivery and service areas shall be located to provide vehicular access that does not jeopardize the safety of students and staff:
(1) Delivery/utility vehicles have direct access from the street to the delivery area without crossing over playground or field areas or interfering with bus or parent loading unless a fence or other barrier protects students from large vehicle traffic on playgrounds.
(2) Trash pickup is fenced or otherwise isolated and away from foot traffic areas.
(e) Future Expansion.
Site layouts shall have capability for expansion without substantial alterations to existing structures or playgrounds:
(1) Site layout designates area(s) for future permanent or temporary additions that are compatible with the existing site plans for playground layout and supervision.
(2) Utilities to the expansion area are included in the plans and have the capacity to accommodate anticipated growth.
(3) Exits, corridors, stairs, and elevators are located to accommodate capacity of additions, particularly in such buildings added as the multi-purpose/cafeteria, administration, gymnasium/or auditorium.
(f) Placement of Buildings.
Building placement shall consider compatibility of the various functions on campus and provide optimum patterns of foot traffic flow around and within buildings. Site layout of buildings, parking, driveways, and physical education areas shall be adequate to meet the instructional, security and service needs of the educational program:
(1) Building placement is compatible with other functions on campus; e.g., band room is not next to library.
(2) Physical relationship of classrooms, auxiliary, and support areas allows unobstructed movement of staff and students around the campus.
(3) Building placement has favorable orientation to wind, sun, rain, and natural light.
(4) Restrooms are conveniently located, require minimum supervision, and, to the extent possible, are easily accessible from playground and classrooms.
(5) Parking spaces are sufficient for staff, visitors, and students (where applicable).
(6) The campus is secured by fencing and electronic devices such as code entries, electronic monitoring or motion sensors when needed.
(g) Classrooms.
Classrooms at new school sites shall have adequate space to perform the curriculum functions for the planned enrollment as described in the school district's facility master plan, specifically:
(1) Classroom size standards:
(A) General classrooms, grades one through twelve are not less than 960 square feet. Classrooms proposed of less than 960 square feet require written justification to be submitted to and approved by the State Superintendent of Public Instruction. Adjacent instructional space shall be included in the calculation of square feet for purposes of approving classroom design.
(B) Proposed classrooms of less than 960 square feet have written justification consistent with the educational program and curriculum indicating that the district's education program can be delivered in the proposed size classrooms.
(2) Total classroom space meets or exceeds the capacity planned for the school using the district's classroom loading standards in accordance with State Allocation Board policy.
(3) Consideration is given to some classrooms which are easily alterable in size and shape at a reasonable cost.
(4) Conduit/cabling and outlets are available for technology in each classroom to provide network and stand alone equipment related to the planned and future potential educational functions.
(h) Specialized Classrooms and Areas.
Specialized classrooms shall be designed to reflect the function planned for that portion of the educational program. If any of the following classrooms are needed, these standards apply:
(1) Small-Group Areas.
(A) Small-group instruction areas are not included in the computation of classroom size unless the area is an integral part of the classroom and can be visibly supervised by a teacher from the classroom.
(B) Small-group instruction areas are designed to allow for collaborative learning opportunities where appropriate to support the regular education program and are located in the vicinity of classrooms.
(2) Kindergarten Classrooms.
(A) Kindergarten classroom size for permanent structures is not less than 1350 square feet, including restrooms, storage, teacher preparation, wet and dry areas.
(B) Kindergarten classrooms are designed to allow supervision of play yards (unless prevented by site shape or size) and all areas of the classroom.
(C) Play yard design provides a variety of activities for development of large motor skills.
(D) Classrooms are located close to parent drop-off and bus loading areas.
(E) Storage, casework, and learning stations are functionally designed for use in free play and structured activities; e.g., shelves are deep and open for frequent use of manipulative materials.
(F) Windows, marking boards, sinks, drinking fountains, and furniture are appropriate heights for kindergarten-age students.
(G) Restrooms are self-contained within the classroom or within the kindergarten complex.
(3) Special Education Classrooms and Areas.
(A) A new school designates at least 240 square feet for the resource specialist program and provides additional space in accordance with the allocations in Education Code Section 17747(a) as larger enrollments are being planned.
(B) A new school designates at least 200 square feet for the speech and language program which is close to classrooms when an individualized instruction program is necessary.
(C) A new school designates office area for the psychologist/counseling program which provides for confidentiality and may be shared with other support service programs.
(D) Special day classrooms are at least the same size as regular education classrooms at that site and are properly equipped for the students who will occupy the space, for their age and type of disabling condition.
(E) The square footage allowance in Education Code Section 17747(a) for special day class programs is used for the design of classroom space and other space on the campus to support the special education program. The support space includes but is not limited to speech specialist area, psychologist, counseling offices and conference area.
(F) Special day classrooms are distributed throughout the campus with age appropriate regular education classrooms.
(G) A cluster of two special day classrooms may be considered if support or auxiliary services (e.g., bathrooming, feeding, physical or occupational therapy) are needed to serve the students throughout the school day.
(H) A conference area is available to conduct annual individualized education program meetings for each special education student.
(I) Medical therapy units, if planned for the site, are close to visitor parking areas and accessible after school hours.
(i) Laboratories shall be designed in accordance with the planned curriculum.
(1) Science laboratory:
(A) Size is at least 1300 square feet including storage and teacher preparation area.
(B) Science laboratory design is consistent with the requirements for proper hazardous materials management specified in both the “Science Facilities Design for California Public Schools,” published by the California Department of Education, 1993, and the “Science Safety Handbook for California Public Schools,” published by the California State Department of Education, 1999.
(C) Accommodations are made for necessary safety equipment and storage of supplies; e.g., fire extinguisher, first aid kit, master disconnect valve for gas.
(D) Secured storage areas are provided for volatile, flammable, and corrosive chemicals and cleaning agents.
(E) Properly designated areas are provided with appropriate ventilation for hazardous materials that emit noxious fumes, including a high volume purge system in the event of accidental release of toxic substances which may become airborne.
(F) Exhaust fume hoods, eye washes, deluge showers are provided.
(G) Floor and ceiling ventilation is provided in areas where chemicals are stored.
(H) Room is provided for movement of students around fixed-learning stations.
(I) There is the capability for technology which complements the curriculum.
(J) Classrooms are flexibly designed to insure full student access to laboratory stations and lecture areas.
(2) Consumer Home Economics laboratory:
(A) There is room for movement of students around fixed learning stations.
(B) Cooking equipment reflects current home food preparation practices and/or commercial food preparation simulation.
(C) There is the capability for technology which complements portions of the curriculum, such as fashion design, consumer economics, and nutritional analysis of foods.
(D) There is space for industrial or home sewing equipment consistent with the planned curriculum.
(E) There is storage for student projects and supplies.
(F) Space for work tables is provided for such activities as cutting fabric or completing interior design projects.
(G) Lecture area is provided.
(H) At least 1300 square feet is allocated for each laboratory.
(I) If part of the planned program, space for a child care area or for a laboratory to teach child growth and development is provided.
(3) Industrial and Technology/Education Laboratory:
(A) Room is provided for movement of students around fixed learning stations.
(B) Flexible stations with sufficient outlets and power source for industrial type equipment is provided.
(C) Space is provided for various simulations of job-related experiences and laboratory work stations.
(D) There is capability to utilize technology which complements the curriculum, such as computer-aided graphics, electronics and specialized tools.
(E) There is lecture area within each laboratory or near the laboratory area where appropriate.
(F) There are accommodations for necessary health and safety equipment, such as fire extinguisher and first aid kit.
(G) Secured storage areas for volatile, flammable and corrosive chemicals and cleaning agents are provided where appropriate.
(H) There are properly designated areas with appropriate ventilation for the use of hazardous material that emit noxious fumes or excessive dust particles.
(I) Proper storage and removal access for hazardous waste materials is provided in each laboratory using such materials.
(4) Computer Instructional Support Area:
(A) If a standard classroom is being designated as a computer laboratory, size is at least 960 square feet.
(B) Room is provided for movement of students around learning stations.
(C) Sufficient outlets, power sources, and network links for the amount of equipment are provided.
(D) Proper ventilation is provided.
(E) Room provides for security of equipment.
(F) Lighting minimizes screen glare and eye strain.
(j) Gymnasium, Shower/Locker shall be designed to accommodate multiple use activities in accordance with the planned enrollment:
(1) The gymnasium is secured from other parts of the campus for evening and weekend events or for public use purposes.
(2) The shower/locker area is of sufficient size to allow students enrolled in the physical education program to shower and dress each period.
(3) Toilets are available for the public in facilities intended for shared community use other than in shower/locker areas.
(4) Office space is provided for physical education teachers.
(5) Space is available for specialized age-appropriate physical education activities such as weight lifting, exercise equipment usage, aerobics.
(k) Auxiliary Areas.
(1) Multipurpose/cafeteria area (indoor or outdoor) shall be adequately sized and flexibly designed to protect students from the elements and to allow all students adequate eating time during each lunch period and to accommodate such uses as physical education activities, assemblies, and extracurricular activities:
(A) Tables and benches or seats are designed to maximize space and allow flexibility in the use of the space.
(B) The location is easily accessible for student and community use, but is close to street for delivery truck access.
(C) Stage/platform may have a dividing wall to be used for instructional purposes but is not intended as a classroom.
(D) Area for the cafeteria line is designed for the flow of traffic for each lunch period.
(E) Design of kitchen reflects its planned function; e.g., whether for food preparation or warming only.
(F) Space is available for refrigeration and preparation of foods to accommodate maximum number of students planned for the school.
(G) Office, changing, and restroom area for food preparation staff is available and shall comply with local department of health requirements.
(H) Ceiling height allows for clearance of light fixtures for physical education activities.
(2) Administrative Office.
The administrative office shall have sufficient square footage to accommodate the number of staff for the maximum enrollment planned for the school consistent with the master plan for the school district and shall be designed to efficiently conduct the administrative functions, specifically:
(A) Students have direct confidential access to pupil personnel area.
(B) Counter tops are accessible for an age-appropriate population both at a standing and wheelchair level.
(C) Clerical staff have a clear view of nurse's office.
(D) The nurse's office has a bathroom separate from staff bathroom(s) in administration area.
(E) Space for private conference and waiting area is available.
(F) Capability for such computer networking functions as attendance accounting and communicating to each classroom is considered.
(G) A faculty workroom is available for a staff size proportionate to the student population.
(3) Library/Media Center and Technology.
Library space shall be proportional to the maximum planned school enrollment. The size shall be no less than 960 square feet. However, to allow adaptation for changing technology and communication systems, the following is recommended:
-two square feet per unit of a.d.a. (average daily attendance) for elementary;
-three square feet per unit of a.d.a. for middle or junior high (grades 6-8);
-four square feet per unit of a.d.a. for high school. In addition:
(A) Provide security for technology and media equipment.
(B) Space and capability for computer terminals is considered for student use, research and report writing.
(C) Visual supervision from circulation desk is available to study areas, stack space, and student work centers.
(D) Design for open and closed-circuit television, dedicated phone line, electrical outlets for stand-alone computers, and conduit connecting all instructional areas is considered.
(l) Lighting.
Light design shall generate an illumination level that provides comfortable and adequate visual conditions in each educational space, specifically:
(1) Ceilings and walls are white or light colored for high reflectance unless function of space dictates otherwise.
(2) Lights do not produce glare or block the line of sight.
(3) Window treatment allows entrance of daylight but does not cause excessive glare or heat gain.
(4) Fixtures provide an even light distribution throughout the learning area.
(5) Light design follows the California Electrical Code found in Part 3 of Title 24 of the California Code of Regulations.
(m) Acoustical.
Hearing conditions shall complement the educational function by good sound control in school buildings, specifically:
(1) The sound-conditioning in a given space is acoustically comfortable to permit instructional activities to take place in this classroom.
(2) Sound is transmitted without interfering with adjoining instructional spaces; e.g., room partitions are acoustically designed to minimize noise.
(3) The ventilation system does not transmit an inordinate sound level to the instructional program.
(n) Plumbing.
Restroom stalls shall be sufficient to accommodate the maximum planned enrollment and shall be located on campus to allow for supervision.
(1) Refer to Part 5, Title 24, of the California Code of Regulations.
(2) Outdoor restrooms having direct outside access are located in areas that are visible from playground and are easily supervised.
(o) Year-Round Education.
If a school is being planned for multitrack year-round operation, additional space shall be provided for associated needs:
(1) Additional space is available for storage of records for staff for all tracks. Additional storage space for the supplies and projects of off-track students is considered.
(2) Storage and planning space is available for off-track teachers or teachers not assigned to a classroom.
(p) American Disabilities Act.
Schools shall comply with standards established by the American Disabilities Act (Public Law 101-336, Title II).
(q) Child Care Programs.
Schools shall comply with the requirements set forth in Education Code Section 39113.5 regarding plans and specifications for new schools being designed to provide appropriate space to accommodate before-school and after-school child care programs.
(r) Exemptions.
At the request of the governing board of a school district, the State Superintendent of Public Instruction may grant exemptions to any of the standards in this section if the district can demonstrate that the educational appropriateness and safety of a school design would not be compromised by an alternative to that standard.
NOTE
Authority cited: Sections 17251(c) and 33031, Education Code. Reference: Sections 17047(a), 17251(c), 17310, 51210(g), 51220(d) and 51225.3, Education Code.
HISTORY
1. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Amendment of article heading, repealer and adoption of section heading and text, and amendment of Note filed 11-12-93; operative 12-13-93 (Register 93, No. 46).
3. Amendment of subsections (a), (b)-(b)(1), (g)(1)(A), (i)(1)(B), (n)-(n)(1) and (p)-(r), new subsection (i)(4)-(i)(4)(F), and amendment of Note filed 10-30-2000; operative 10-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 44).
§14031. Plan Approval Procedures for State-Funded School Districts.
Note • History
(a) Each state-funded school district shall submit preliminary plans following the standards in Section 14030 including site utilization, elevations and floor plan drawings that describe the spaces and give the square footage and educational specifications to the California Department of Education for approval. Prior to preparation of final plans, the school district shall obtain approval of the preliminary plans from the California Department of Education.
(b) Each state-funded school district shall submit final plans including grading, site utilization, elevation, floor, lighting, and mechanical working drawings and any alterations to the educational specifications to the California Department of Education for approval.
(c) Each state-funded school district shall submit the request for exemption from a standard in Section 14030 of this article, with a description of how the educational appropriateness and safety of a school design would not be compromised by deviation from the standard, to the California Department of Education.
NOTE
Authority cited: Sections 17251(c) and 33031, Education Code. Reference: Sections 17017.5(c) and 17251(c), Education Code.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Repealer and adoption of section heading and text, and adoption of Note filed 11-2-93; operative 12-13-93 (Register 93, No. 46).
3. Amendment of section heading, section and Note filed 10-30-2000; operative 10-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 44).
§14032. Plan Approval for State-Funded School Districts.
Note • History
The California Department of Education shall notify the district, the district's architect and the Department of General Services that the preliminary and final plans comply with the standards set forth in Section 14030. Approvals for either preliminary or final plans are in effect for a maximum of two years from the date of signed approval. School districts may request an extension of preliminary or final plan approvals if the time line exceeds one year.
NOTE
Authority cited: Sections 17251(c) and 33031, Education Code. Reference: Sections 17024, 17070.50 and 17251(c), Education Code.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Amendment of section heading and text, and adoption of Note filed 11-12-93; operative 12-13-93 (Register 93, No. 46).
3. Amendment of section heading, section and Note filed 10-30-2000; operative 10-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 44).
§14033. Applicability of Plan Standards to Locally-Funded School Districts.
Note • History
(a) Locally-funded districts shall use the plan standards set forth in Section 14030.
(b) Locally-funded districts may request assistance from the California Department of Education to review plans and specifications for any new school construction or rehabilitation project.
(c) Locally-funded districts need not submit preliminary and final plans to the California Department of Education.
(d) Locally-funded districts shall prepare documentation of and retain for purposes of a complaint investigation the exemption from the standard in Section 14030 of this article, with a description of how the educational appropriateness and safety of a school design would not be compromised by deviation from the standard. Locally-funded districts may request from the California Department of Education a review of the adequacy of the mitigation measure.
(e) Locally-funded districts shall continue to comply fully with the requirements of Article 3 (commencing with Section 17280) and Article 6 (commencing with Section 17365) of Chapter 2, Part 23 of the Education Code (The Field Act) and submit all plans and specifications to the Department of General Services, Office of the State Architect for review and approval prior to executing a contract for the construction or alteration of a public school building or expending any public funds for such a project.
NOTE
Authority cited: Sections 17251(c) and (d) and 33031, Education Code. Reference: Sections 17251(d), 17280 and 17365, Education Code.
HISTORY
1. Renumbering of former section 10433 to section 14035 and new section filed 11-12-93; operative 12-13-93 (Register 93, No. 46).
2. Repealer of former section 14033 and renumbering of former section 14034 to new section 14033, including amendment of section heading, section and Note, filed 10-30-2000; operative 10-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 44).
Note • History
The latest edition of The Guide for Planning Educational Facilities, published by the Council of Educational Facility Planners, 29 West Woodruff Avenue, Columbus, Ohio, 43210, may be used as a guide in developing school building plans.
NOTE
Authority cited: Sections 17251(c) and 33031, Education Code. Reference: Section 17251(c), Education Code.
HISTORY
1. New section filed 11-12-93; operative 12-13-93 (Register 93, No. 46).
2. Renumbering of former section 14034 to section 14033 and renumbering of former section 14035 to new section 14034, including amendment of Note, filed 10-30-2000; operative 10-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 44).
§14035. Abandonment of Inadequate Facilities.
Note • History
Abandonment of inadequate facilities may be recommended by the California Department of Education to the State Allocation Board for approval when it appears from the estimated cost of structural rehabilitation plus the estimated cost of desirable modernization that the facility would meet the criteria for replacement established by the State Allocation Board.
NOTE
Authority cited: Sections 17251(c) and 33031, Education Code. Reference: Sections 16044, 16047, 16104, and 16190 through 16207, Education Code.
HISTORY
1. Renumbering of former section 14033 to section 14035 and adoption of Note filed 11-12-93; operative 12-13-93 (Register 93, No. 46).
2. Renumbering of former section 14035 to section 14034 and renumbering of former section 14036 to new section 14035, including amendment of Note, filed 10-30-2000; operative 10-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 44).
§14036. Integrated Facilities.
Note • History
In accordance with Education Code Section 17047.5, for school districts constructing classrooms for special education purposes, those classrooms shall be no more physically separated from classrooms constructed for their nonhandicapped peers than those classrooms are from each other; preferably the classrooms are under the same roof and adjacent to the classrooms of their nonhandicapped peers, specifically.
(a) A new school facility is considered integrated if it meets the following criteria:
(1) Classrooms for special education are located in proximity to regular education classrooms in such a way as to encourage age-appropriate interaction among all students.
(2) Whenever possible, if relocatable classrooms are used for special education classes, the ratio of special education relocatable classrooms to permanent special education classrooms is the same as the classroom ratio between relocatable classrooms and permanent classrooms for regular education students.
(3) Side-by-side school sites are not considered integrated.
(b) A waiver to acquire or newly construct a non-integrated facility is recommended by the Advisory Commission on Special Education for approval only if it includes a plan to transition the individuals with exceptional needs to a regular campus setting. The waiver includes a capacity study of the existing special education classrooms in the special education local plan area (SELPA) to verify that no classrooms are available to house the population targeted in the waiver.
(c) The waiver includes justification as to why the non-integrated facility is the only option available on a long-term basis and discusses the feasibility of a short-term lease as an option to new construction or acquisition.
NOTE
Authority cited: Sections 17251(c) and 33031, Education Code. Reference: Sections 17047, 17047.5, 17251(c) and 56000 et. seq., Education Code.
HISTORY
1. Renumbering and amendment of former section 14045 to section 14036 and adoption of Note filed 11-12-93; operative 12-13-93 (Register 93, No. 46).
2. Renumbering of former section 14036 to new section 14035 and renumbering of former section 14037 to new section 14036, including amendment of section and Note, filed 10-30-2000; operative 10-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 44).
§14037. Integrated Facilities. [Renumbered]
Note • History
NOTE
Authority cited: Section 39101(c), Education Code. Reference: Sections 17747, 17747.5, and 56000 et. seq., Education Code.
HISTORY
1. New section filed 11-12-93; operative 12-13-93 (Register 93, No. 46).
2. Renumbering of former section 14037 to new section 14036 filed 10-30-2000; operative 10-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 44).
§14040. Scope of Article. [Repealed]
Note • History
NOTE
Authority cited for Article 5: Sections 16044, 16047, 16104 and 16190-16207, Education Code.
HISTORY
1. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Repealer of article heading and section filed 11-12-93; operative 12-13-93 (Register 93, No. 46).
History
HISTORY
1. Repealer filed 11-12-93; operative 12-13-93 (Register 93, No. 46).
§14042. Justification Procedure. [Repealed]
History
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Repealer filed 11-12-93; operative 12-13-93 (Register 93, No. 46).
History
HISTORY
1. Repealer filed 11-12-93; operative 12-13-93 (Register 93, No. 46).
§14044. Change Orders. [Repealed]
History
HISTORY
1. Repealer filed 11-12-93; operative 12-13-93 (Register 93, No. 46).
§14045. Abandonment of Inadequate Facilities. [Renumbered]
History
HISTORY
1. Renumbering of former section 14045 to section 14036 filed 11-12-93; operative 12-13-93 (Register 93, No. 46).
§14046. Building Area Required to Provide Adequate Facilities for Exceptional Children. [Repealed]
History
HISTORY
1. New section filed 9-10-71; effective thirtieth day thereafter. Approved by State Building Standards Commission (Register 71, No. 37).
2. Amendment of section and repealer of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Repealer filed 11-12-93; operative 12-13-93 (Register 93, No. 46).
Subchapter 2. Use of School Buses and School Pupil Activity Buses
Article 1. General Provisions
Note • History
This chapter applies to the transportation of pupils enrolled in the public and private schools at or below the 12th grade and to pupils enrolled in schools under the administration of the California Department of Education.
NOTE
Authority cited: Sections 33031 and 39831, Education Code. Reference: Sections 39830 and 39831, Education Code.
HISTORY
1. New Chapter 2 (Sections 14100-14103, consecutive) filed 5-23-79; effective thirtieth day thereafter (Register 79, No. 21).
2. Change without regulatory effect amending section and Note filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
Note
(a) School Bus and School Pupil Activity Bus. “School bus” and “school pupil activity bus” means every vehicle so defined by Education Code Section 39830 and Vehicle Code Section 545.
(b) Governing Board. “Governing board,” unless the context indicated otherwise, includes county superintendents of schools and every other public and private school authority authorized to provide for the transportation of pupils of the schools referred to in Section 14100.
NOTE
Authority cited: Sections 33031 and 39831, Education Code. Reference: Sections 39830 and 39831, Education Code.
§14102. Bus Evacuation Instruction.
Note
Each school year, the governing board shall provide, and require each pupil who is transported from home to school in a school bus to receive, appropriate instruction in safe riding practices and emergency bus evacuation drills.
NOTE
Authority cited: Sections 39831, Education Code. Reference: Section 39830 and 39831, Education Code.
§14103. Authority of the Driver.
Note
(a) Pupils transported in a school bus or in a school pupil activity bus shall be under the authority of, and responsible directly to, the driver of the bus, and the driver shall be held responsible for the orderly conduct of the pupils while they are on the bus or being escorted across a street, highway or road. Continued disorderly conduct or persistent refusal to submit to the authority of the driver shall be sufficient reason for a pupil to be denied transportation. A bus driver shall not require any pupil to leave the bus enroute between home and school or other destinations. (b) Governing boards shall adopt rules to enforce this section. Such rules shall include, but not be limited to, specific administration procedures relating to suspension of riding privileges and shall be made available to parents, pupils, teachers, and other interested parties.
NOTE
Authority cited: Section 39831, Education Code. Reference: Sections 39830 and 39831, Education Code. Cross-reference: Section 1217(h) of Title 13, California Administrative Code.
§14104. Instructor Certificate Cancellation, Suspension or Revocation: Request and Scope of Hearing.
Note • History
This section applies to school pupil activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle driver instructor certificates.
(a) Any state-certified bus driver instructor who has received a notice of cancellation, suspension or revocation from the California Department of Education may, within 20 days of date of service of the notice, submit to the California Department of Education a written request for a hearing. Failure to request a hearing within 20 days shall be considered a waiver of the right to a hearing.
(b) Service of the notice of cancellation, suspension or revocation may be made personally or by mail. Service by mail is effective as of the date the notice is deposited for delivery by the United States Postal Service.
(c) Upon receipt by the California Department of Education of a hearing request, the California Department of Education shall appoint an Instructor Certificate Review Board to conduct the hearing. The Instructor Certificate Review Board shall consist of three members: a Bus Driver Training Program Specialist from the California Department of Education who shall serve as the chairperson; and two members representing school pupil activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle drivers, depending upon the rating held by the driver instructor requesting the hearing. The hearing will include a presentation of the California Department of Education's reasons for the cancellation, suspension, or revocation and may include the verbal or written presentation of information by the driver instructor related to the administrative action being proposed. After the hearing, the chairperson of the Instructor Certificate Review Board shall report the findings and recommendations of the review board to the State Superintendent of Public Instruction.
(d) The State Superintendent of Public Instruction (or his or her designee) shall review the findings and recommendations of the Instructor Certificate Review Board, and after reviewing the record, make a decision within 30 days of the hearing concerning the disposition of the action to be taken by the California Department of Education. The decision of the State Superintendent of Public Instruction (or his or her designee) is final.
(e) This section is not applicable to a state-certified bus driver instructor whose commercial driver license, special driver certificate or transit bus driver certificate was canceled, suspended or revoked by the California Department of Motor Vehicles.
NOTE
Authority cited: Section 38165(h), Education Code. Reference: Section 38165, Education Code.
HISTORY
1. New section filed 11-18-96 as an emergency; operative 11-18-96 (Register 96, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-18-97 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 33).
3. New section filed 8-10-98; operative 9-9-98 (Register 98, No. 33).
§14105. School Bus and School Pupil Activity Bus (SPAB) Passenger Restraint System Use.
Note • History
All passengers in a school bus or in a school pupil activity bus that is equipped with passenger restraint systems in accordance with sections 27316 and 27316.5 of the Vehicle Code, shall use the passenger restraint system. All pupils described in subdivision (a) of Education Code Section 39831.5, shall be instructed in an age-appropriate manner in the use of passenger restraint systems required by Education Code Section 39831.5(a)(3). The instruction shall include, but not be limited to, the following information:
(a) Proper fastening and release of the passenger restraint system:
(1) Fastening: To fasten, insert the latch plate (the metal “tongue” attached to one side of the webbing) into the proper buckle (the receptacle that comes out from the “bight” in the back of the seat, a slot in the seat cushion, or from the side). The latch plate inserts into the buckle until you hear an audible snap sound and feel it latch. Make sure the latch plate is securely fastened in the buckle.
(2) Unfastening: To unfasten, push the buckle release button and remove the latch plate from the buckle. The buckle has a release mechanism that, when manually operated during “unbuckling,” breaks the bond and separates the two sections.
(b) Acceptable placement of passenger restraint systems on pupils: Adjust the lap belt to fit low and tight across the hips/pelvis, not the stomach area. Place the shoulder belt snug across the chest, away from the neck. Never place the shoulder belt behind the back or under the arm. Position the shoulder belt height adjuster so that the belt rests across the middle of the shoulder. Failure to adjust the shoulder belt properly would reduce the effectiveness of the lap/shoulder belt system and increase the risk of injury in a collision.
(c) Times at which the passenger restraint system should be fastened and released: Passenger restraint systems shall be used at all times the school bus or school pupil activity bus is in motion except when exempted in subdivisions (e) and (f) of this section.
(d) Acceptable placement of the passenger restraint systems when not in use: When not in use, passenger restraint systems shall be fully retracted into the retractors so that no loose webbing is visible, or stored in a safe manner per the school bus manufacturer's instructions.
(e) This section does not apply to a passenger with a physically disabling condition or medical condition which would prevent appropriate restraint in a passenger restraint system, providing that the condition is duly certified by a licensed physician or licensed chiropractor who shall state in writing the nature of the condition, as well as the reason the restraint is inappropriate.
(f) This section also does not apply in case of any emergency that may necessitate the loading of school children on a school bus in excess of the limits of its seating capacity. As used in this section, “emergency” means a natural disaster or hazard (as determined by the school district superintendent or their designee) that requires pupils to be moved immediately in order to ensure their safety.
NOTE
Authority cited: Sections 33031, 38047.5, 38047.6 and 39831, Education Code. Reference: Sections 38047.5, 38047.6, 39830, 39830.1 and 39831.5, Education Code; and Sections 27316 and 27316.5, Vehicle Code.
HISTORY
1. New section filed 11-9-2004; operative 11-9-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 46).
Subchapter 4. School Buses [Repealed]
NOTE
Authority cited for Chapter 4: Sections 33031 and 39831, Education Code. Reference: Sections 39830 and 39831, Education Code.
HISTORY
1. New subchapter 4 (§§ 14200-14207, 14220-14225, 14240-14254, 14260-14276, 14290-14321, 14339-14358, 14380-14394) filed 2-24-70; effective thirtieth day thereafter (Register 70, No. 9).
2. Amendment filed 12-17-76 as an emergency; effective upon filing. Certificate of Compliance included (Register 76, No. 51).
3. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
4. Repealer of subchapter 4 (Sections 14200-14394, not consecutive) filed 5-23-79; effective thirtieth day thereafter (Register 79, No. 21). For prior history, see Registers 77, No. 39; 77, No. 34; 77, No. 22; 77, No. 4; 76, No. 51; 76, No. 40; 75, No. 52; 75, No. 49; 75, No. 47; 74, No. 48; 74, No. 12; 73, No. 12; 72, No. 40; 71, No. 30; 71, No. 25; 71, No. 5.
Chapter 14. School Finance*
* Note: For fiscal responsibility of County Superintendents.
Subchapter 1. Nonresident Tuition
§15000. Definitions Under Education Code Section 37107.
Note • History
(a) Total Current Expense of Education.
The term “total current expense of education, exclusive of the expense of transportation,” as used in Education Code Section 37107, means the total current expense of education for grades 9 through 12 of the district as defined in the California School Accounting Manual. Such expenditures are the current general fund operating expenditures of the school district excluding expenditures for pupil transportation services, food services, community services, and object classifications 6000 and 7000 (except 7250, current expense for “Regional Occupational Centers or Regional Occupational Programs”).
(b) Actual Expense of Transportation.
The “actual expense of transportation” is the amount computed, as hereinafter in this section provided, for transportation between home and school of all high school pupils in grades 9 through 12 residing in a county and not in any district maintaining a high school, plus the amount computed, as hereinafter in this section provided, for other than home-to-school transportation for such pupils.
(c) Computation for Home-to-School Transportation.
The amount for transportation of such pupils between home and school shall be computed by using any one or a combination of the following alternate methods:
(1) When one or more vehicles are used to transport between home an school pupils in grades 9 through 12 residing in one county and not in a district maintaining a high school and 90 percent of the pupils regularly so transported in each vehicle are such pupils, the actual expense of such transportation shall be computed by multiplying the number of miles the one or more vehicles traveled to provide such transportation by the average cost per mile of all vehicles operated by the district to transport pupils during the fiscal year.
(2) When one or more vehicles are used to transport between home and school pupils in grades 9 through 12 residing in two or more counties and not in any district maintaining a high school and 90 percent of the pupils regularly so transported in each vehicle are such pupils, the actual expense of such transportation shall be computed by multiplying the miles traveled to provide such transportation by the average cost per mile of all vehicles operated by the district to transport pupils during the fiscal year, and such expense shall be prorated among the two or more counties in the following manner:
(A) The distance measured by the nearest traveled road from the school of attendance to the most distant point in a county to which transportation is provided shall be determined.
(B) A percentage for each county shall be determined by dividing the distance for each county measured as provided in (A) above by the sum of the distances so measured for each county.
(C) The percentage for each county shall be multiplied by the amount to be prorated.
(3) When vehicles are used for the transportation between home and school of pupils in grades 9 through 12 residing in a county and not in any district maintaining a high school and for the transportation between home and school of other pupils, regardless of the respective percentages of the pupils, the actual expense of transportation of pupils in grades 9 through 12 who reside in a county and not in any district maintaining a high school shall be computed by any one of the following methods:
(A) The product obtained by multiplying the average number of pupils per bus transported one way daily by the total miles traveled in providing all transportation between home and school shall be divided into the total expense of providing home-to-school transportation, and the quotient so obtained shall be multiplied by the product obtained by multiplying the number of pupils in grades 9 through 12 residing in a county and not in any district maintaining a high school by the total miles traveled to provide such pupils transportation. When daily records of the number of pupils transported are not kept by a district, the average number of pupils transported for the purposes of this subsection shall be determined by the district by a survey on or about October 1st, December 1st, February 1st, and May 1st by counting the number of pupils transported one way between home and school, designating separately by name those pupils residing in a county and not in a district maintaining a high school.
(B) The product obtained by multiplying 75 percent of the average number of seats in each vehicle operated by the district to transport pupils by the total number of miles traveled by all vehicles in home-to-school transportation shall be divided into the total expense of providing home-to-school transportation, and the quotient so obtained shall be multiplied by the product obtained by multiplying the number of pupils in grades 9 through 12 residing in a county and not in any district maintaining a high school by the number of miles traveled to provide such pupils transportation.
(C) The sum of the miles each pupil was transported between home and school shall be divided into the total expense of transporting all pupils between home and school, and the quotient so obtained shall be multiplied by the sum of the miles each pupil in grades 9 through 12 residing in a county and not in any high school district was transported. When daily records of the miles each pupil is transported are not kept by a district, the sum of the miles each pupil was transported for the purpose of this subdivision shall be determined by the district by a survey on or about October 1st, December 1st, February 1st, and May 1st by measuring the number of miles one way that each pupil is transported between home and school, designating separately by name those pupils residing in a county and not in a district maintaining a high school.
Total expenses of providing home-to-school transportation shall be determined for the purposes of this subsection (3) by multiplying the number of miles traveled in providing such transportation by the average cost per mile to the district in providing all pupil transportation.
(d) Computation for Transportation Other Than Home-to-School.
The amount for providing transportation other than home-to-school transportation for pupils in grades 9 through 12 residing in a county and not in any high school district shall be computed as either (1) that amount which is the same percent of the total expense of providing transportation other than home-to-school transportation as the amount computed for home-to-school transportation is of the total expense of providing home-to-school transportation; or (2) that amount which is the same percent of the total expense of providing other than home-to-school transportation for grades 9 through 12 as the average daily attendance of pupils in grades 9 through 12 residing in a county and not in any high school district is to the average daily attendance of all pupils in grades 9 through 12.
(e) “Expense” Defined.
The term “expense,” as used in subsection (b) of this section, means current expenses as defined in Section 15240 of this title.
NOTE
Authority cited for Chapter 1: Section 37107, Education Code.
HISTORY
1. Renumbered from § 199.8 of Art. 22; filed 7-22-69; effective thirtieth day thereafter (Register 69, No. 30). For prior history, see Register 64, No. 25.
2. Amendment of subsections (a) and (e) filed 6-7-74; effective thirtieth day thereafter (Register 74, No. 23).
3. Amendment of subsection (a) and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Subchapter 2. Budgeting, Accounting, and Reporting
Article 1. Transfer of Funds from the School District General Fund to the Child Development Fund and the Development Center for Handicapped Pupils Fund
Note • History
The governing board may include in the budget of the school district an amount to be transferred during the fiscal year from the general fund to the child development fund and to the development center for handicapped pupils fund sufficient to meet certain expenditures if the expense is authorized or required by law to be paid from the general fund.
NOTE
Authority cited for Chapter 2: Section 41013, Education Code. Issuing agency: Superintendent of Public Instruction.
HISTORY
1. New Chapter 2 (§§ 15050-15077) filed 2-24-70; effective thirtieth day thereafter (Register 70, No. 9).
2. Amendment filed 6-7-74; effective thirtieth day thereafter (Register 74, No. 23).
3. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§15051. Order of Governing Board.
Funds may be transferred at any time as ordered by the governing board. Such order shall set forth the purposes for which the funds are to be transferred and the amount estimated or actually required to be expended for each purpose.
§15052. Transfers and Refunds.
History
Such a transfer may be made by warrant or by other authorized procedure of the county. The amount of the transfer shall be charged to the general fund account “7310, Interfund Transfers (Outgoing Transfers)” and credited to the child development fund account or the development center for handicapped pupils fund account, as appropriate, “8930, Interfund Transfers (Incoming Transfers)” as classified in the California School Accounting Manual.
The amount of the refund shall be charged to the child development fund account or the development center for handicapped pupils fund account, as appropriate, “8930, Interfund Transfers (Incoming Transfers)” and credited to the general fund account “7310, Interfund Transfers (Outgoing Transfers).”
HISTORY
1. Amendment filed 6-7-74; effective thirtieth day thereafter (Register 74, No. 23).
2. Repealer of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Article 2. Standardized Account Code Structure
§15060. Standardized Account Code Structure.
Note • History
(a) The California School Accounting Manual adopted by the State Board of Education pursuant to Education Code section 41010 shall incorporate a standardized account code structure which is a statewide, uniform financial reporting format (based on the definitions and comprehensive chart of accounts set forth in the California School Accounting Manual). The structure shall be designed to provide a flexible statewide accounting system for local educational agencies to use in budgeting and reporting their revenues and expenditures. The structure shall accommodate local, state, and federal reporting needs as determined by the State Board.
(b) The standardized account code structure shall include, but not be limited to, the following fields:
(1) Fund/Account Group. Each fund is a fiscal accounting entity, with a self-balancing set of accounts recording cash and other resources, all related liabilities and residual equities and balances or changes therein. Fund types include, but are not limited to, Governmental Funds, Proprietary Funds, Fiduciary Funds, and Account Groups.
(2) Project Year. The project year field is used to distinguish the activities of the same grant with different project years within the fiscal year.
(3) Resource (Project/Reporting). The resource field identifies the source of funding and is used for accumulating revenues and expenditures to meet various specialized reporting requirements and tracking categorical activities, such as No Child Left Behind (NCLB) Act, Economic Impact Aid, and School Improvement Program.
(4) Goal (Program). The goal field defines the objective, such as the target population being served or the education mode (e.g., regular education, special education, or vocational education).
(5) Function. The function field describes the activity being performed for which a service or material object is acquired, for example, instructional services, pupil services, and general administration.
(6) Object. The object field describes the service or commodity obtained as a result of a specific expenditure (e.g., salaries, books, and capital outlay).
(7) Site. The site field is optional, providing local educational agencies the ability to designate specific school sites within their individual accounting systems.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 41010, Education Code.
HISTORY
1. New article 2 (section 15060) and section filed 11-4-2003; operative 11-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 45).
Article 3. Annual Financial Statements
§15070. Submission of Annual Financial Statements.
Note • History
Except as provided in Section 15071, every county office of education, school district, charter school, and educational joint powers agency (as defined in Education Code section 41023) that elects to use the standardized account code structure, subject to the provisions of Section 39 of Chapter 299, Statutes of 1997, shall submit an annual statement of receipts and expenditures in the format of the standardized account code structure. The form for the annual statement shall be prescribed and amended periodically (to accommodate changes in statute or generally accepted accounting principles for government agencies) pursuant to Education Code sections 1628 and 42100 and shall reflect Section 15060. The form for the annual statement is titled the unaudited Actuals Financial Report, and is incorporated within the Standardized Account Code Structure Financial Reporting Software, version 2003 (revised July 2003) and is available at the following website address: http://www.cde.ca.gov/fiscal/software/sacs2003all.htm.
NOTE
Authority cited: Section 33031, Education Code. Reference: Assembly Bill 1578, Section 39, Chapter 299, Statutes of 1977; and Sections 1628, 41010, 41023 and 42100, Education Code.
HISTORY
1. New article 3 (sections 15070-15071) and section filed 11-4-2003; operative 11-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 45).
§15071. Alternative Form for Submission of Annual Financial Statements by Charter Schools.
Note • History
(a) Charter schools have the option of reporting their annual financial statements using an alternative form prescribed and amended periodically (to accommodate changes in statute or generally accepted accounting principles for government agencies) pursuant to Education Code section 42100. The alternative form shall be structured for electronic submission of data and is titled the Charter School Unaudited Actuals Financial Report -- Alternative Form (new 6/19/03) and is available at the following website address: http://www.cde.ca.gov/regulations.
The form shall include the following information:
(1) Revenues. An accounting of all funds received during the preceding fiscal year, including identification of specific details within the major revenue categories of revenue limit sources, federal revenues, other state revenues, and other local revenues.
(2) Expenditures. An accounting of all funds expended during the preceding fiscal year, including identification of specific details within the major expenditure categories of certificated salaries, non-certificated salaries, employee benefits, books and supplies, services and other operating expenses, capital outlay, and other outgo.
(3) Other information. An accounting of additional information including beginning and ending fund balances, other sources and uses, assets, liabilities, and reserves.
(b)(1) The reporting of financial data by charter schools that are established as governmental accounting entities shall reflect the definitions, and to the extent necessary for accurate financial reporting, the guidance provided in the California School Accounting Manual.
(b)(2) The reporting of financial data by charter schools that are established as nongovernmental accounting entities shall reflect the definitions, and to the extent necessary for accurate financial reporting, the guidance provided in the California School Accounting Manual, except for accounting differences required due to their nonprofit status.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 1628, 41010 and 42100, Education Code.
HISTORY
1. New section filed 11-4-2003; operative 11-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 45).
Subchapter 3. Decreases in Average Daily Attendance for Apportionment Purposes Due to Executive Ratios Pupils to Classroom Teachers
Article 1. General Provisions
Note • History
The Superintendent of Public Instruction deems this chapter necessary for the effective administration of Education Code Sections 41376, 41378 and 41379 and for the determinations thereby required of him in computing apportionments and allowances from the State School Fund.
NOTE
Authority cited for Chapter 3: Sections 41376, 41378 and 41379, Education Code. Issuing agency: Superintendent of Public Instruction.
HISTORY
1. New Chapter 3 (§§ 15100-15103, 15106, 15110-15112) filed 2-24-70; effective thirtieth day thereafter (Register 70, No. 9).
2. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§15101. Application and Exemptions.
History
This chapter applies to regular day classes in kindergarten and grades 1 through 8 maintained by a school district, except classes in:
(a) A school that is the only school maintained by a district and that has less than 101 units of average daily attendance.
(b) A “necessary small school” with less than 101 units of average daily attendance as provided in Education Code Section 41702.
(c) Grades 7 and 8 of a junior high school established and organized as a secondary school by a high school district or unified school district pursuant to Article 5 of Chapter 1 of Part 1 of the Education Code.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
For the purposes of this chapter, any class combining pupils in kindergarten or in any grade or grades 4 through 8 with one or more of grades 1, 2, or 3 shall be considered a class of grades 1, 2, and 3.
History
For the purposes of administering the provisions of this chapter and the provisions of Education Code Sections 41376 and 41378, the following definitions apply:
(a) “Class” means a group of pupils scheduled to report regularly at a particular time to a particular teacher as opposed to a grade which is a broader segment of the school organization.
(1) Where the type of teaching in kindergarten and grades 1, 2, and 3 is other than in self-contained classes, the “class” is the basic homeroom where all of the following applies for a child:
(A) Attendance is recorded and investigation of absences is instigated.
(B) The child has his desk, locker, or drawer.
(C) The teacher handles the administrative routines such as keeping cumulative records, collecting basic data about the child, distributing items to go home, collecting lunch money, and distributing and collecting report cards.
(D) The teacher is the usual contact with the child's parents.
(E) Some planned instruction is given.
(2) For kindergarten and grades 1, 2, and 3, when it is necessary for a specific group of pupils, consisting of a portion or all of the pupils otherwise enrolled in a “class,” to meet together for a particular period or periods during the regular school day for a particular phase of education for which responsibility is assigned to two or more teachers, or for an extracurricular school activity, such group shall not be considered a “class” under the provisions of this section.
(b) “Regular day class” means a class maintained during the regular school day as defined by the governing board. Classes in special day and evening and summer schools, juvenile hall schools, and classes for the physically handicapped, mentally retarded, severely mentally retarded, educationally handicapped, and mentally gifted are not regular day classes for the purposes of this section.
(c) “Active enrollment” on a day a count is taken means the pupils in enrollment in the class on the first day of the school year on which the class was in session, plus all later enrollees, minus all withdrawals since that first day.
(1) For kindergarten and Grades 1, 2, and 3, a count shall be made on the last teaching day of each school month that ends prior to April 15 of the school year.
(2) For Grades 4 to 8, inclusive, the count shall be made at the end of the sixth school month. A count of full-time equivalent classroom teachers shall also be made at the end of the sixth school month.
(d) The “number of pupils enrolled” in a class for kindergarten and Grades 1, 2, or 3 means the sum of the numbers determined by all the active enrollment counts made for the class pursuant to (c), divided by the number of such counts made for the class.
(e) The “average number of pupils enrolled per class” for grades 1, 2, and 3 is the number obtained by dividing the sum of the quotients derived under subsection (d) for all classes in those grades, by the number of those quotients. The “average number of pupils enrolled per class” for kindergarten is the number so obtained for all classes in kindergarten.
(f) The “total number of pupils enrolled” for grades 4 to 8, inclusive, means the active enrollment, as defined in subsection (c), in those grades at the end of the sixth school month, exclusive of the active enrollment of pupils in grades 4 to 8, inclusive, in classes considered to be of grades 1, 2, or 3 under Section 15102.
(g) “Classroom teacher” means an employee of the district in a position requiring certification qualifications whose duties require him to teach in regular day classes in any grade of Grades 4 to 8, inclusive, during the regular school year.
(h) One “full-time equivalent classroom teacher” means the period of time the duties under subsection (g) are assigned a classroom teacher equal to the total number of hours designated by a governing board as a regular school day. The period of time less than the regular school day for which a classroom teacher is assigned such duties is that fraction of a full-time equivalent classroom teacher which the period of time bears to a full-time equivalent classroom teacher expressed to the nearest one-tenth (0.1).
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Article 2. Waiver of Class Size Requirements for Kindergarten
§15106. Kindergarten Exemption.
History
Written application for waiver authorized by Education Code section 41379 shall be directed to the Bureau of School Apportionments and Reports, California Department of Education. The application shall be filed by November 1.
Possible reasons for exemption are:
(a) The expense of adding a class or classes and/or the added expense of transporting kindergarten children to another school will cause the district to be unduly burdened with expense. In order to determine this the district shall include the following information:
(1) Beginning balance, exclusive of restricted funds, in the General Fund for the current fiscal year.
(2) Estimated total income in the General Fund for the current fiscal year.
(3) Estimated expenditures and the appropriation for contingencies before costs of adding classes and/or transportation to reduce kindergarten class size.
(4) Number of classes to be added and/or the number of pupils to be transported.
(5) Estimated cost of item 4.
(b) Shifting kindergarten children from one school attendance area to another school in order to balance the class size will cause a child to be traveling undue time in reaching the class to which he is reassigned. In order to determine this, the district shall include the following information:
(1) List the children to be reassigned and the length of time each kindergarten child will travel in order to reach reassigned class from his home.
(2) The distance between the schools by the shortest traveled route.
(3) If the reassigned children are to be transported, give the average time for the current kindergarten bus runs in the district.
(c) Requiring kindergarten children to travel from one school attendance area to another school in order to balance class size will expose a child to hazards. In order to determine exemption for this the district shall submit a description of the hazardous condition and how a kindergarten child is endangered by the condition.
HISTORY
1. Amendment of subsection (a)(3) filed 6-7-74; effective thirtieth day thereafter (Register 74, No. 23).
2. Amendment of section and repealer of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Change without regulatory effect amending first paragraph and subsection (b) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
Article 3. School District Reports
§15110. Reports by School Districts.
History
The governing board of each applicable school district shall report information in accordance with instructions provided on forms furnished and prescribed by the Superintendent of Public Instruction for making the following determinations:
(a) For kindergarten and grades 1 to 3, inclusive (the status for kindergarten to be shown separately):
(1) The number of classes.
(2) The number of pupils enrolled in each class as defined in Section 15104(d).
(3) The average number of pupils enrolled per class as defined in Section 15104(e).
(4) The total of the numbers of pupils which are in excess of the standard in each class in which the number of pupils enrolled exceeds that standard.
(b) For grades 4 to 8, inclusive:
(1) The total number of pupils enrolled.
(2) The number of full-time equivalent classroom teachers at the end of the sixth school month.
(3) The average number of pupils per each full-time equivalent classroom teacher.
Such reports shall be filed with, and at the same time as, average daily attendance reports are required to be filed under the provisions of Education Code Section 41601 for the “second period” report for the Second Principal Apportionment.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§15111. Classes Maintained for Less Than the Full “Second Period.”
History
On the report filed pursuant to Section 15110, each class in kindergarten and in grades 1, 2, and 3, maintained for a fewer number of school months than the total number of school months contained in the “second period,” as defined in Education Code Section 41601, shall be separately identified. The “number of pupils enrolled” shall be separately ascertained for each class. Whenever the “number of pupils enrolled” in any class is in excess of the standards described in Section 41376 or 41378 the Superintendent of Public Instruction shall, for the purposes of computing the decrease in average daily attendance on account of such excess, modify the factor of 0.97 specified in Education Code Section 41376 by a factor determined by dividing the number of counts made for each class by the number of full school months during the “second period.”
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
For the purposes of this article, all classes shall be graded in the same manner that classes are required to be graded for the reporting of attendance for apportionment purposes and in accordance with instructions provided on attendance forms furnished by the Superintendent of Public Instruction.
Subchapter 3.5. Class Size Reduction Program Kindergarten - Grade 3
§15130. Eligibility for Participation in the Class Size Reduction Program Under Option Two.
Note • History
For purposes of Option Two, as set forth in Education Code section 52122(b)(2)(B), the reference to Education Code sections 41376 and 41378 shall be interpreted as permitting certificated teachers, including kindergarten teachers, who are assisting in classrooms in which they are not the principal teachers, to be counted for purposes of determining class size to the extent they provide direct instructional services to pupils primarily in reading and mathematics.
NOTE
Authority cited: Sections 33031 and 52125(b), Education Code. Reference: Section 52122, Education Code.
HISTORY
1. New subchapter 3.5 (sections 15130-15133) and section filed 8-29-96 as an emergency; operative 8-29-96 (Register 96, No. 35). A Certificate of Compliance must be transmitted to OAL pursuant to Education Code section 52125 by 2-25-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-29-96 order transmitted to OAL 2-3-97 and filed 3-6-97 (Register 97, No. 10).
3. Amendment of subchapter heading filed 10-15-98 as an emergency; operative 10-15-98 (Register 98, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-16-99 or emergency language will be repealed by operation of law on the following day.
§15131. Qualification for Funding.
Note • History
(a) Education Code section 52124(b)(2) shall not be interpreted as precluding a school district from qualifying for funding for classes at grade 2 at a schoolsite if that school district unintentionally fails to meet the class size reduction requirement for all of its classes at grade 1 at that schoolsite. Similarly, Education Code section 52124(b)(3) shall not be interpreted as precluding a school district from qualifying for funding for classes in kindergarten or grade 3 at a schoolsite if that school district unintentionally fails to meet the class size reduction requirement for all of its classes at grades 1 and 2 at that schoolsite.
(b) When a schoolsite does not serve kindergarten and all of grades 1 to 3, inclusive, but does serve kindergarten or one or more of those grade levels, that schoolsite and every other schoolsite to which it sends pupils or from which it receives pupils in kindergarten or any of grades 1 to 3, inclusive, shall be considered a single schoolsite for purposes of Education Code section 52124(b).
NOTE
Authority cited: Sections 33031 and 52125(b), Education Code. Reference: Section 52124, Education Code.
HISTORY
1. New section filed 8-29-96 as an emergency; operative 8-29-96 (Register 96, No. 35). A Certificate of Compliance must be transmitted to OAL pursuant to Education Code section 52125 by 2-25-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-29-96 order transmitted to OAL 2-3-97 and filed 3-6-97 (Register 97, No. 10).
§15132. Appointments to Charter Schools.
Note • History
(a) A school operated under the Charter Schools Act of 1992 may participate in the Class Size Reduction Program (Education Code sections 52120-52128) and the Class Size Reduction Facilities Funding Program (Education Code sections 17770-17777) either on the basis of its own applications and certifications, or through the applications and certifications of the school district in which it is located.
(b) No charter school that participates in the Class Size Reduction Program or the Class Size Reduction Facilities Funding Program based on its own applications and certifications shall be included in the applications or certifications of any school district.
NOTE
Authority cited: Sections 33031 and 52125(b), Education Code. Reference: Sections 47600-47625, Education Code.
HISTORY
1. New section filed 8-29-96 as an emergency; operative 8-29-96 (Register 96, No. 35). A Certificate of Compliance must be transmitted to OAL pursuant to Education Code section 52125 by 2-25-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-29-96 order transmitted to OAL 2-3-97 and filed 3-6-97 (Register 97, No. 10).
§15133. Apportionment of Funds for Class Size Reduction.
Note • History
(a) The apportionment of each school district under Education Code section 52126 shall be made by the State Superintendent of Public Instruction based upon the school district's application under Education Code section 52123, but shall be adjusted to correct for overpayment or underpayment after the certification pursuant to Education Code section 52124(d) is received from the school district.
(b) Regardless of the amount of the apportionment received under subdivision (a), based upon a school district's application under Education Code section 52123, in no case shall the school district be permitted to retain funds for any class that did not actually meet all of the requirements of the Class Size Reduction Program.
(c) The reduced apportionment made to each school district pursuant to Education Code sections 52126(c)(1)(B) and 52126(d)(1)(B) shall only be applicable if a student enrolling in the school district after February 16, 1998 causes a net increase in a school district's enrollment. If a net increase in the school district's enrollment does not occur, the school district shall be paid at the rate specified in Education Code section 52126(a) or (b), as appropriate.
(d) The reduced apportionment made to each school district pursuant to Education Code sections 52126(c)(1)(A) and 52126(d)(1)(A) shall not be applicable if a teacher hired by the school district after November 1, 1997 is replacing a teacher who was previously hired for a new class pursuant to Education Code section 52122(d)(1) and (2), but who subsequently resigned from the school district or was placed on leave due to medical or other reasons. If a replacement teacher is hired under these circumstances, the school district shall be paid at the rate specified in Education Code section 52126(a) or (b), as appropriate.
NOTE
Authority cited: Sections 33031 and 52125(b), Education Code. Reference: Sections 52122, 52123, 52124 and 52126, Education Code.
HISTORY
1. New section filed 8-29-96 as an emergency; operative 8-29-96 (Register 96, No. 35). A Certificate of Compliance must be transmitted to OAL pursuant to Education Code section 52125 by 2-25-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-29-96 order transmitted to OAL 2-3-97 and filed 3-6-97 (Register 97, No. 10).
3. New subsections (c) and (d) and amendment of Note filed 12-1-97 as an emergency; operative 12-1-97 (Register 97, No. 49). Pursuant to Education Code section 52125(b), a Certificate of Compliance must be transmitted to OAL by 6-1-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-1-97 order transmitted to OAL 3-31-98 and filed 5-8-98 (Register 98, No. 19).
Subchapter 3.75. Program to Reduce Class Size in Two Courses in Grade 9
Note • History
For purposes of administering the Program to Reduce Class Size in Two Courses in Grade 9 also known as Grade 9 Class Size Reduction (Grade 9 CSR), pursuant to Education Code sections 52080 to 52090, inclusive, the following definitions shall apply:
(a) “Certification” means a declaration made by a school district attesting to the compliance of each participating school site with each of the provisions of Grade 9 CSR.
(b) “Class” means an organized group of pupils scheduled to report regularly at a particular time to a particular certificated teacher for the purpose of pursuing a particular course that is designated primarily for pupils in grade 9.
(c) “Course” means an instructional unit of an area or field of organized knowledge, usually provided on a semester, year, or prescribed length of time in the subjects designated as English, mathematics, science, and social studies.
(d) “Enrollment” means the pupils listed on the class rosters for classes participating in Grade 9 CSR. However, an individual pupil may not be included in the count of enrollment in a Grade 9 CSR class for any month until the pupil has actually been in attendance at least once during that month.
(e) “Full-year equivalent enrollment” (FYEE) means enrollment adjusted by the relationship of the number of school days during the school year that designated classes pursuant to Education Code section 52084(a) participated in Grade 9 CSR to the total number of school days in the school year. To determine the FYEE the numerator of the fraction shall be the total number of school days during the school year that the designated classes participated in Grade 9 CSR. The denominator of the fraction shall be the total number of school days in the school year or, as appropriate, the total number of school days in the semester or two trimesters. The resulting percentage shall be rounded to the nearest hundredth of a percent and multiplied by the enrollment as defined in section 15140(d) above.
(f) “Per pupil rate” is the amount established in the Annual Budget Act adjusted annually for inflation pursuant to Education Code section 52086.
NOTE
Authority cited: Sections 33031 and 52084, Education Code. Reference: Sections 52080-52090, Education Code.
HISTORY
1. New chapter 3.75 (sections 15140-15141) section filed 8-1-2005; operative 8-31-2005 (Register 2005, No. 31). For prior history, see Register 99, No. 12.
§15141. Certification of Enrollment.
Note • History
(a) For purposes of certifying pupil enrollment pursuant to Education Code sections 52084 and 52086 and enabling the apportionment of funds pursuant to Education Code section 52086, each participating school district shall submit to the California Department of Education an annual MH-CSR9-A Request for Application (Rev.01/2005) with an estimate of participant enrollment numbers for the Grade 9 CSR program and, at the end of the school year, the J-9MH-A Report of Enrollment (Rev. 01/2005) with actual participant numbers. Both forms are incorporated by reference into this section. The forms are available at the following website address: http://www.cde.ca.gov/fg/aa/ca/mhcsr9thgrade.asp.
(b) For purposes of completing the MH-CSR9-A Request for Application (Rev. 01/2005) and the J-9MH-A Report of Enrollment (Rev. 01/2005), the following definitions shall apply:
(1) “Active Monthly Enrollment” is the average enrollment count for all instructional days of the month.
(2) “Student to Teacher Ratio” means the school-wide average number of students per certificated teacher for all participating Grade 9 CSR classes, regardless of the subject. Each participating school must have a student to certificated teacher ratio no greater than 20 to 1, with no more than 22 pupils in any participating class pursuant to Education Code section 52084(c). Students who are recognized as being in grades 10, 11, or 12, but who are nonetheless enrolled in participating classes are to be included in the total number. The result is rounded to 2 decimal places. A result of 20.49 or less will be rounded down to 20, and a result of 20.50 or greater will be rounded up to 21. Any school with a ratio of 20.50 or greater is not eligible to receive funding.
(c) Both the MH-CSR9-A Request for Application (Rev. 01/2005) and the J-9MH-A Report of Enrollment (Rev. 01/2005) shall be completed in full and submitted to the California Department of Education.
(1) For grade 9 class size reduction the forms shall include:
(A) The designated course or courses, which must be intended primarily for students recognized as being in grade 9.
(B) The student to teacher ratio as defined in section 15141(b)(2) above.
(2) For grades 10, 11, and 12, inclusive, class size reduction, pursuant to Education Code section 52084(g), the forms shall include:
(A) The district-wide designated grade level and the designated course.
(B) The number of classes at each school and the total number of classes in the participating school district for the designated course.
(C) The number of pupils enrolled in classes at each school and the total number of pupils enrolled in all classes in the participating school district for the designated course.
(d) In apportioning funds pursuant to Education Code section 52086, school district funding is calculated by multiplying the FYEE by the per pupil rate at each participating school. Maximum funding for one course may not exceed the total 9th grade student enrollment as reported in the California Basic Educational Data System (CBEDS) multiplied by the per pupil rate or, for two courses, two times the 9th grade student enrollment as reported in CBEDS multiplied by the per pupil rate. While a school may receive funding for non-ninth graders in grade 9 CSR classes, at least 50 percent of those enrolled in participating classes must be ninth graders.
NOTE
Authority cited: Sections 33031 and 52084, Education Code. Reference: Sections 52084 and 52086, Education Code.
HISTORY
1. New section filed 8-1-2005; operative 8-31-2005 (Register 2005, No. 31). For prior history, see Register 99, No. 12.
Subchapter 4. Reduction in State Support Due to Excessive Administrative Employee to Teacher Ratio
Article 1. General Provisions
Note • History
The Superintendent of Public Instruction deems this chapter necessary for the effective administration of Education Code Sections 33151, 33154, 41404, and 41404.5, and for determinations thereby required of him in computing apportionments and allowances from the State School Fund.
NOTE
Authority cited for Chapter 4: Sections 33151, 33154 and 41404.5, Education Code. Issuing agency: Superintendent of Public Instruction.
HISTORY
1. New Chapter 5 (Sections 15150, 15151, 15158, and 15160) filed 5-25-73; effective thirtieth day thereafter (Register 73, No. 21).
2. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
History
For purposes of administering this chapter and the provisions of the Education Code Section 41404.5, an “unusual circumstance” will be deemed to exist in any single year when:
(a) A district employs nonteaching certificated personnel to manage a program available to one or more other districts on a contractual basis, or
(b) A district experiences a decline in pupil enrollments that results in a reduction in the number of teaching employees that cannot be matched by a corresponding reduction in the number of administrative employees before the November 1 reporting date due to existing contractual obligations, or
(c) A district participates in categorically federally funded programs that require the employment of program coordinators or project directors out of proportion to the number of teachers employed in the programs.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Article 2. Waiver of Full-Time Equivalent Administrative Employees
§15158. Administrative Employee Exemption.
History
The written application of the school district governing board for waiver in accordance with Education Code section 41404.5 shall be directed to the Bureau of School Apportionments and Reports, California Department of Education. The application shall be filed on or before December 1st. The application shall detail the unusual circumstances existing in the district, and in addition, shall include the following information:
(a) Beginning balance, exclusive of restricted funds, in the general fund budget for the current fiscal year.
(b) Estimated total income in the general fund budget for the current fiscal year before the penalty for excessive administrative employees is applied.
(c) Estimated expenditures and the appropriation for contingencies.
HISTORY
1. Amendment of subsection (c) filed 6-7-74; effective thirtieth day thereafter (Register 74, No. 23).
2. Amendment of section and repealer of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Change without regulatory effect amending first paragraph filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
Article 3. School District Reports
§15160. Reports by School Districts.
In addition to the information required by Education Code Section 33151, districts shall annually report on forms furnished and prescribed by the Superintendent of Public Instruction:
(a) The annual amount budgeted for the salaries of the full-time equivalent administrative employees reported.
(b) The total state income included in the district's general fund budget for the current fiscal year.
(c) The total income included in the district's general fund budget, excluding the beginning balance, for the current fiscal year.
(d) The amount included in the district's general fund budget for “outgoing transfers” for the current fiscal year. The report of the number of full-time equivalent personnel shall include all persons employed by the district as of November 1st.
Subchapter 4.1. Reimbursement for Costs of Education for Institutional and Family Home Children
§15180. Application for Program Approval.
Note • History
(a) Each school district or county superintendent of schools desiring to establish and maintain a special educational program authorized by Education Code Section 42904(c) shall first make an annual application to the Superintendent of Public Instruction for approval. Each application shall be filed in a form and by a date prescribed by the Superintendent of Public Instruction.
The application shall include, but is not limited to, the following:
(1) A description of the instructional program,
(2) A description of instructional and general support services,
(3) A description of the relationship of the special educational program to all similar programs that are categorically funded in the district or county office, and
(4) A budget and determination of funding services.
(b) As a condition of approval, the Superintendent of Public Instruction may require one or more of the following:
(1) A minimum number of pupils enrolled.
(2) Development and filing of a needs assessment.
(3) A minimum and maximum expenditure per pupil.
(c) The Superintendent of Public Instruction shall notify the appropriate County Superintendent of Schools in whose jurisdiction a school district application is approved.
NOTE
Authority cited for Chapter 4.1 (Sections 15180-15188): Sections 42904 and 42911, Education Code. Reference: Sections 42902-42911, Education Code.
HISTORY
1. New Chapter 4.1 (Sections 15180-15188) filed 6-26-78; effective thirtieth day thereafter (Register 78, No. 26).
A district or county superintendent is entitled to reimbursement pursuant to Education Code Sections 42904 and 42905 with respect to any pupil served who resides in either:
(a) A regularly established licensed children's institution,
(b) A hospital operated by a county,
(c) A nonprofit tax-exempt hospital or other nonprofit tax-exempt treatment facility,
(d) An institution,
(e) A foster or family home only if pursuant to a commitment or placement under Chapter 2 (commencing with Section 200, of Part I of Division 2 of the Welfare and Institutions Code.
(f) A home which legally qualifies as an established licensed children's institution. Reimbursement shall not be denied on account of any pupil solely because his or her prior residence was in the same school district in which the institution, hospital, facility or home, in which he or she presently resides, is located.
§15182. The Special Educational Program.
(a) Special educational programs provided under Education Code Section 42902, for which excess cost is reimbursable under Education Code Section 42904(c), are only those programs which are in addition to any other federal or state categorical aid programs.
(b) The special educational program shall contain at least one of the following:
(1) Liaison between the school and the public agencies, foster parents, and community and other school programs.
(2) Tutoring in basic skills and remedial assistance.
(3) Counseling.
(4) Educational and vocational planning and assistance.
(5) Any other element approved by the Superintendent of Public Instruction.
§15183. Determination of Local Property Tax Share.
(a) The local property tax share of the revenue limit is determined by subtracting, from the total revenue limit authorized by the governing board of the district (exclusive of the reduction for institutional or family home reimbursement received), all of the following:
(1) State basic aid,
(2) State equalization aid,
(3) State guaranteed yield program (GYP) aid,
(4) No loss state aid because of separate adult revenue limit, and
(5) Equalization aid offset tax income and open space land subventions. The remainder is then divided by the local average daily attendance allowed for revenue limit purposes. This determination will be made as recalculated from the second period apportionment. The total amount determined for reimbursement purposes shall be deducted from the district revenue limit in the year in which the reimbursement is received.
(b) The local property tax share of the excess cost of maintaining schools and classes for physically handicapped (PH), mentally retarded (MR) or educationally handicapped (EH) pupils is determined by subtracting, from the total allowed expenditures for PH, MR, and EH programs on the Special Education Cost Data Sheet, all of the following:
(1) The revenue limit per average daily attendance authorized by the governing board of the district (exclusive of the adjustment for institutional or family home reimbursement), and
(2) State and federal special education allowances for those PH, MR and EH programs.
§15184. Determination of Excess Cost.
History
The excess cost of providing special educational programs for pupils residing in an institution or a family home is determined by subtracting all state and federal special allowances per average daily attendance for those programs from the total allowed income per pupil as approved by the California Department of Education for those programs.
The sum of the excess cost plus state and federal allowances for the programs shall not exceed an amount per unit of average daily attendance as determined by the State Superintendent of Public Instruction pursuant to section 15185. Districts that provided special educational programs for such pupils during the 1976-77 fiscal year shall receive no less than the reimbursement received per average daily attendance for the 1976-77 programs, such reimbursement being provided for by a county-wide tax levied during the 1977-78 fiscal year.
HISTORY
1. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§15185. Determination of Total Allowable Income per Pupil.
The total allowable income per pupil, exclusive of the provisions of Education Code Section 42905 for programs allowed under Education Code Section 42904(c), is determined annually by the Superintendent of Public Instruction. The amount determined shall be no less than 30% nor more than 60% of the average per pupil expenditure, excluding categorical funds, in the schools in California.
The revenue limit as used in Education Code Section 42904 is the total revenue limit authorized by the governing board of the district, exclusive of the adjustment for institutional or family home tuition.
The county superintendent of schools:
(a) Shall require that reimbursement claims be submitted on forms prescribed by the Superintendent of Public Instruction,
Shall require the school district to maintain a list of all pupils enrolled in the program for which reimbursement is claimed,
(c) Shall audit, as deemed necessary, any school district's records to determine the accuracy of reimbursement claimed, and
(d) Shall not authorize reimbursement for any special educational programs not approved by the Superintendent of Public Instruction.
On or before July 31 of every year, each county superintendent of schools shall inform every known person, association, corporation and public agency within the superintendent's county who maintains or conducts a children's institution or engages in referring children to family homes, of the reporting requirements in Education Code Section 42903.
Subchapter 5. Allowances for Pupil Transportation*
*For Regulations relating to construction, design, equipment, and operating of school buses, see Division 13, Chapter 4, School Buses.
Article 1. Definitions
Note • History
“Current Expenses” for pupil transportation include all expenditures, except for capital outlay, made by a school district during a fiscal year in providing authorized pupil transportation. Such expenditures shall be those recorded direct costs of transportation under the Support Service Programs as defined in Part I of the California School Accounting Manual.
Cost of equipment and supplies purchased but not used during the fiscal year for pupil transportation purposes is not a “current expense.”
NOTE
Authority cited for Chapter 5: Section 41853 and 41855, Education Code. Issuing agency: Superintendent of Public Instruction.
HISTORY
1. New Chapter 5 (§§ 15240-15244, 15246-15249, 15253-15257, 15260, 15261, 15270-15273, 15280-15285, 15320-15325, and 15340-15343), filed 12-18-69; effective thirtieth day thereafter (Register 69, No. 51).
2. Amendment filed 6-7-74; effective thirtieth day thereafter (Register 74, No. 23).
3. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§15241. Minimum Transportation Distances.
For the sole purpose of determining the total current expense for transportation of a district on which reimbursement is based, the following minimum transportation distances, measured from the point a pupil boards a bus at a regularly established stop to the school of attendance by the shortest traveled road, are set for normal pupils.
For pupils attending kindergarten or grades 1, 2, or 3--three-fourths (3/4) mile.
For all other pupils attending an elementary school--one (1) mile. For all pupils in grades 7, 8, or 9 attending a separately maintained three-year junior high school--one (1) mile.
For all pupils in grades 9, 10, 11, or 12 attending a four-year junior high school or a high school--two (2) miles.
For all pupils in grades 13 or 14 attending a junior college--three (3) miles.
§15242. Excessive Distances and Relatively Few Pupils.
History
For the purposes of Section 41855 of the Education Code, “excessive distances” traveled to transport “relatively few pupils” (sparsity) and expense due to travel for excessive distances, are as follows:
(a) All miles traveled on each bus route both outgoing and incoming in excess of ten miles from the school terminal and on which route the number of pupils transported does not exceed the number of miles required to be traveled one way. The expense due to travel for excessive distances is the product of the cost per mile as entered in item C, column 5 on Form No. J-141, and the number of miles determined to be excessive.
(b) All miles traveled on a feeder route, the furthermost point of which is more than ten miles, by the routes traveled, from the school terminal, and connects to a primary route for transfer of students. The expense due to travel for excessive distances is the product of the cost per mile as entered in item C, column 5 on Form No. J-141 and the total miles traveled on the feeder route.
(c) All expense incurred by a school district for payments to parents or guardian living in the district in lieu of transportation (Education Code Section 39806), is expense due to excessive distances if eligibility is established under either (a) or (b) above.
(d) All expense incurred by a school district for payments for board and lodging for pupils whose parents or guardian live in the district (Education Code Section 39807) shall be considered as expense due to travel for excessive distances.
HISTORY
1. Amendment filed November 30, 1971; effective thirtieth day thereafter (Register 71, No. 49).
2. Amendment of section and repealer of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§15243. Physically Handicapped Minors.
History
The definitions contained in Section 3600 for deaf, severely hard of hearing, blind, partially seeing, aphasic, and orthopedic or other health impaired minor and pupil handicapped in mobility apply with respect to allowances for transportation required by Education Code Sections 41863, 41864, 41866.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
As used in this chapter, “bus” means school bus.
Article 2. Classification of School Bus Fleets for Transportation Allowance Purposes
In this article, “the average number of hours per day school buses are operated” means the number of hours accumulated between the time when the buses depart from the location in which they are customarily stationed when not in use, and the time when the buses are returned there at the end of the day, (excluding the time when the buses are not in use between trips) divided by the total number of days buses are operated during the regular school term.
§15247. Establishment of School Bus Fleet Classes.
As a basis for determining expenditures upon which allowances shall be computed, 16 classes of school bus fleets for districts are hereby established.
The 16 classes are as shown in the following schedule, wherein capital letters indicate the average number of hours of bus operation per day, and Roman numerals indicate the average size of buses so operated:
Average hours of bus operation per day
A B C D
Average size of buses Less than 4-5 6-7 8 or more
in number of rows 4 hours hours hours hours
I. Less than 7 rows A-I B-I C-I D-I
II. 7-8 rows A-II B-II C-II D-II
III. 9-10 rows A-III B-III C-III D-III
IV. 11 or more rows A-IV B-IV C-IV D-IV
§15248. Emergency Affecting Normal Classification: Exemption.
When, because of a temporary emergency, a district has used additional school buses or increased the hours of operation, or both, and inclusion of the additional buses and hours in computation of its school bus fleet classification would result in a classification other than the expected normal, the school district may request an exemption excluding the additional buses and hours of operation from such computation. The request for exemption shall be submitted to the Superintendent of Public Instruction not later than June 30 of the fiscal year in which the emergency occurred. If the Superintendent of Public Instruction determines that a temporary emergency did exist and that the changes in operational procedure were necessary to continue to provide a safe and efficient transportation system, he may approve the exemption.
For each of the 16 classes of districts, the Superintendent of Public Instruction shall annually ascertain the median of the average cost per bus per day. This determination shall be based upon the cost per bus per day for each district in the class that has requested a transportation allowance in its then current “Annual Report of Transportation Expense,” weighted by the number of vehicles operated by that district.
Article 3. Records and Available Information (All Districts)
§15253. Available Information.
Each school district furnishing transportation shall have available the following information for immediate inspection, or submission to the Superintendent of Public Instruction if required:
(a) A statement of policy adopted by the governing board that governs the operation of the pupil transportation system in the district, including the limits within which transportation is offered to pupils and the distance pupils are required to walk to school or to a regularly established bus stop.
(b) A map of the district indicating each bus route and each bus stop, or a route schedule indicating the itinerary of the bus route and each bus stop to be accompanied by a district map on which routes may be identified.
(c) A list of salaries paid for supervision, clerical, or administrative purposes.
(d) A schedule of classes to indicate double sessions or irregularities that might require extra transportation.
(e) A listing of trips made other than between home and school by each bus indicating miles traveled and pupils transported.
§15254. Identification of School Buses.
Each school district shall maintain records identifying each school bus owned by the district, and each school bus owned by a contractor that provides pupil transportation for the district.
§15255. Record of Normal Pupils Transported.
(a) Each school district shall maintain records for each school bus that will clearly show the number of normal pupils transported between home and school who board the bus at a regularly scheduled stop:
(1) Within the minimum transportation distances specified in Section 15241.
(2) Beyond such minimum transportation distances.
(b) The number of pupils so boarding the bus is ascertained by one of the following methods:
(1) The average of an actual daily count.
(2) The average of an actual count on four normal school days occurring on or about October 1, December 1, February 1, and May 1.
§15256. Records of All Pupil Transportation Expenses.
History
Each school district shall maintain records of all expenses in connection with pupil transportation. These include, but are not limited to, records of the following expenses:
(a) Expenses of Transporting Exceptional Children.
All expenses for the transportation of physically handicapped, mentally retarded, and educationally handicapped minors shall be recorded by category.
(b) Actual Cost of Clerical, Supervision, and Administrative Services.
Actual costs of supervision, clerical, or administrative services shall be recorded only to the extent that one or more employees designated by name have been given regular assignment by the governing board or the chief administrative officer to such duties in connection with the operation of pupil transportation. Such expenditures shall be recorded as direct costs of transportation under the Support Service Programs as defined in Part I of the California School Accounting Manual. In each case, the expenditures so shown shall include only that prorated portion of salaries or wages for time actually spent for that purpose. Full salaries or wages shall not be recorded unless full time is devoted to pupil transportation exclusively.
(c) Expense for Insurance.
These records shall show the amount of insurance carried for pupil transportation purposes as to type and amount of coverage, and the annual expense for such insurance.
HISTORY
1. Amendment of subsection (b) filed 6-7-74; effective thirtieth day thereafter (Register 74, No. 23).
2. Repealer of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§15257. Records of Receipts for Service and Sales.
Each school district shall maintain records of all payments received for:
(a) Sale of any equipment or supplies.
(b) Transportation provided to other school districts and other parties.
Article 4. Additional Records and Available Information (Districts Maintaining Own Transportation System)
§15260. Available Information.
History
Each school district operating its own system shall have available the following information for immediate inspection, or submission to the Superintendent of Public Instruction if required:
(a) A statement of how gasoline, oil, and other supplies are purchased and stored, and if equipment other than school buses use supplies from the same storage facilities.
(b) A statement of how repairs are made to buses, how charges are made, and how separated if only general shop charges or total billing system is used.
(c) A schedule of driver's salary, time worked, and if driver is paid for other services, how much, and from which object classification of the budget.
(d) A schedule of salaries for personnel engaged in the maintenance and repair of buses and how salaries are prorated if work other than on school buses is done by the same personnel.
(e) A listing of accessories replaced and identified by item, bus, and cost.
HISTORY
1. Amendment of subsection (c) filed 6-7-74; effective thirtieth day thereafter (Register 74, No. 23).
2. Repealer of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§15261. Record of Transportation Expense.
Each school district operating its own system shall maintain records which will show:
(a) Items of Expense.
All expenses for the following items: gasoline, oil, grease, repairs to school buses, maintenance supplies, replacement of buses, replacement of accessories, salaries and wages of school bus drivers, salaries and wages for upkeep of buses, insurance authorized by law, and all other expenses in connection with the operation and maintenance of pupil transportation.
(b) Capital Outlay.
All expenses of capital outlay, including all new equipment, for pupil transportation shall be identified by each item and date of acquisition.
(c) Expense of Replacement.
The record shall show the original expense incurred for each item being replaced as well as the portion of the cost of the new item which has been charged to replacement and the portion which has been charged to capital outlay.
(d) For Each School Bus Operated.
(1) All expenses for supplies, maintenance, and repairs.
(2) Miles traveled by the bus in transporting pupils.
(A) Between home and school.
(B) Other than between home and school.
Article 5. Reports
History
Each school district shall submit an “Annual Report of Pupil Transportation Expenses” (Form No. J-141) to the Superintendent of Public Instruction at such time as he may require and in accordance with instructions thereon. The report shall be accompanied by documents relating to the following items, as described:
(a) Insurance.
A schedule and certificate of insurance, using Form J-141-A, certified to by the insurance agent or company and by the governing board of the district, or its authorized agent.
(b) Buses Replaced.
A report, using Form J-142, on each school bus replaced during the fiscal year, or during a prior fiscal year for which the district will be eligible for a replacement allowance.
(c) Use for Community Recreation.
A statement with respect to transportation, if any, furnished for purposes of community recreation as provided in Education Code Section 39835 that contains the following information:
(1) The total number of buses so used.
(2) Identification of each bus.
(3) The purchase price paid for each bus, less the value of items required by Section 15272 to be deducted.
(4) The total miles traveled under district ownership by each bus during the school year.
(5) The total miles traveled during the school year by each bus under district ownership for the aforesaid purposes.
(d) Use for Out-of-State Transportation.
A statement, with respect to out-of-state transportation, if any, furnished pursuant to Education Code Section 16861 that contains the following information:
(1) The facts specified in subsections (c)(1)-(c)(5).
(2) The general route, including destination, of each bus used on such out-of-state transportation.
(e) Reason for Exceeding 125% of Median.
A statement, with attached vouchers, justifying any expenditures for necessary replacement of the engine or necessary major overhaul whenever they caused the district to exceed 125% of the median average cost described in Section 15249.
HISTORY
1. Amendment of subsection (c) filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§15271. Exclusion from “Annual Report” (J-141) of Expense for Physically Handicapped and Mentally Retarded Pupils Coming Within Education Code Section 56515.
History
The expense and related data for vehicles, and the vehicles themselves, shall not be reported on the “Annual Report of Transportation Expense” (Form No. J-141) if the vehicles are used exclusively for any or all of the following purposes:
(a) Transporting to special day classes the blind, deaf, aphasic, cerebral palsied, orthopedically handicapped, and other physically handicapped minors handicapped in mobility.
(b) Transporting to integrated programs of instruction as defined in Education Code Section 41864, the blind and the deaf.
(c) Transporting pupils impaired in vision or hearing to another district or to the California School for the Deaf or Blind for specialized instruction.
(d) Transporting physically handicapped pupils impaired in mobility who are deemed eligible for special class placement who have been declared eligible for such transportation by the Superintendent of Public Instruction.
(e) Transporting to special training schools and classes mentally retarded pupils who come within Education Code Section 56515.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§15272. Report of School Bus Purchase.
Each school district shall annually report to the Superintendent of Public Instruction on Form No. J-143 data on each school bus purchased during the fiscal year. The cost of equipment and accessories not required by law or regulations governing pupil transportation shall be separately stated and deducted from the total cost of the bus.
Each school district shall submit other reports as the Superintendent of Public Instruction may require.
Article 6. Review and Approval of Expenditures
This article applies to the review and approval by the Superintendent of Public Instruction of all current expenses upon which allowances are computed.
§15281. Limitation on Current Expenses.
History
In the determination of total current expenses for pupil transportation, no amount will be allowed in excess of the expenses recorded as direct costs of transportation under the Support Service Programs as defined in Part I of the California School Accounting Manual.
HISTORY
1. Amendment filed 6-7-74; effective thirtieth day thereafter (Register 74, No. 23).
2. Repealer of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§15282. Deductions of Payments Received.
There shall be deducted from total current expenses as defined in Section 15240:
(a) Payments received from other districts and other sources for transportation of pupils.
(b) Payments received for charges required under Education Code Sections 39836 and 39837.
§15283. Deductions for Certain Expenses and for Depreciation.
History
For purposes of approving total transportation expense, there shall be deducted from total current expenses:
(a) Expenditures for the following items:
(1) Transportation of exceptional minors defined in Section 15243.
(2) Out-of-state, community recreation, and other transportation, i.e., other than between home and school.
(3) Transporting children within the minimum distance if their number exceeds 1/10 of the number who board a bus beyond that distance. The amount of deductions for those pupils who are in excess of such 1/10 is determined as follows:
Embedded Graphic 05.0001
(4) Bus rental in an amount that exceeds 1/15 of the average purchase price described in Section 15323(b).
(b) Expense of Transportation of Pupils Other than Home-to-School. This deduction is the amount of the actual expense if the actual expense can be readily identified in the district's records.
Otherwise, the deduction is the following amount: The cost per mile for the operation of all buses used to provide pupil transportation (whether for normal or exceptional pupils, as the case may be) multiplied by the number of miles traveled in providing transportation for such pupils other than between home and school.
(c) Depreciation of a school bus due to the travel listed in this subsection (c). The depreciation for each type of travel shall be determined by the following formula wherein “miles” means miles the bus traveled in the fiscal year:
Cost of bus less value of items
required by Miles for a purpose
Section 15272 to be specified in (1), (2),
deducted X or (3)
12 Total miles under
district ownership
Travel on which depreciation is deducted is community recreation travel pursuant to Education Code Section 39835.
HISTORY
1. Amendment of subsection (c) filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§15284. Expenditures Exceeding 125% of the Median.
Except as provided in this section, the Superintendent of Public Instruction shall not compute allowances upon expenditures of a district for which the average cost per bus per day for the class of district to which the district belongs exceeds 125% of the median as determined in Section 15250. If expenditures which exceed that percentage were caused by necessary replacement of the engine, or a necessary major overhaul, of one or more school buses, expenditures so caused may be allowed in addition to the aforesaid percentage.
§15285. Maximum Allowable for Excessive Distances.
History
No amount computed for excessive distances defined in Section 15242 shall be approved which, when added to the amounts computed under Education Code Sections 41857 and 41858, exceed the approved current expense as reported in Item D.1 of Form No. J-141.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Article 7. Replacement of School Bus and Replacement Allowances
§15320. Disposal of Replaced Bus.
Certification will be required on Form No. J-142, “Report of Replaced School Bus,” that the governing board has disposed of the replaced bus in accordance with Education Code Sections 39520, 39521, and 39523. The actual money received in the disposal of the bus shall be entered as “sales value” on the application for replacement allowance.
(a) Replacement is considered completed when the replaced bus has been disposed of and the new bus has been delivered to the district. Applications for replacement allowance will be filed for the fiscal year in which the replacement has been completed, and if allowed, reimbursement will be made during the next fiscal year. If the replaced bus remains in the possession of the district for a portion of the fiscal year following the delivery of the new bus, such replaced bus to be eligible for replacement allowance must be discontinued in use for pupil transportation purposes until disposed of or until converted for uses other than pupil transportation.
Repurchasing, renting, or leasing the vehicle back from the purchaser will void all reimbursement allowances granted under Sections 15323 and 15324 of this code.
(b) The Superintendent of Public Instruction may approve for reimbursement purposes the replacement of school buses on a two-for-one basis if he determines that the efficiency of operation of the transportation system will be increased, or that the operational costs will be decreased by such replacement. The approval shall be subsequent to and justified by a review of the district's transportation system including but not limited to fleet size, routes, pupils transported and related current expense of operation. In no instance will the combined reimbursement exceed the approved costs of the new vehicle(s).
§15322. Replacement of More than One Small Bus in Certain Unified School Districts.
History
During the first five years of existence for all purposes of a unified school district formed under the provisions of Article 1 or Article 2 of Chapter 2 of Part of the Education Code, the Superintendent of Public Instruction may approve the replacement of more than one small bus with a single larger unit if he determines that the efficiency of operation of the transportation system will be increased or that operational costs will be decreased by such replacement. The approval shall be subsequent to, and justified by, a review of the district's transportation system including fleet size, schools, routes, pupils transported, and related current expense of operation.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§15323. Allowance for Expense of Replacing a Class 1 School Bus.
(a) The Superintendent of Public Instruction shall not approve, as a basis for computation of financial allowances for reimbursement of replacement expenses incurred by a school district for replacement of a class 1 school bus, expenditures which exceed the lesser of the following amounts:
(1) The difference between the purchase price of the bus paid by the district, subject to the provisions of Section 15272, and the amount received by the district for the sale, insured loss, or credit for the trade-in, of the bus.
(2) The amount computed by multiplying the “average purchase price” of the bus, as defined by subsection (b) hereof, by the percentage shown in the following schedule for the total number of years of service rendered by the bus as a school bus in the service of the district, or, in the case of a used school bus, the total number of years of service rendered for the district and for a prior owner or owners:
SCHEDULE
Percentage Percentage
Total for computing Total for computing
years of replacement years of replacement
service expense service expense
1 0 11 73
2 0 12 78
3 5 13 85
4 11 14 92
5 18 15 100
6 26 16 105
7 35 17 110
8 45 18 115
9 56 19 120
10 68 20 125
(b) The “average purchase price” of a bus purchased during any fiscal year means the quotient resulting from dividing the purchase price paid for, by the number of, all new Class 1 school buses having a like number of rows of seats which were purchased by all districts during that fiscal year. The value of items required by Section 15272 to be deducted shall be excluded from the purchase price. The Superintendent of Public Instruction shall furnish to school districts a list of such “average purchase prices.”
§15324. Allowances for Expense of Replacing Class 2 School Buses.
The Superintendent of Public Instruction shall not approve, as a basis for computation of financial allowances for reimbursement of replacement expenses incurred by a school district replacing a Class2 bus, expenditures which exceed the lesser of the following:
(a) The difference between the purchase price of the bus paid by the district, subject to the provisions of Section 15272, and the amount of money received by the district for the sale, or credit received for the trade-in, of the bus.
(b) The difference between the purchase price of the bus paid by the district, subject to the provisions of Section 15272, and the value of the bus at the date of application for allowance, as such value is shown in any published used-automobile wholesale value guide in general use in California selected by the Superintendent of Public Instruction.
§15325. Adjustment for Use in Other Than Home-to-School Transportation.
History
(a) Types of Transportation.
For the purposes of this section, miles traveled under district ownership by all buses owned by a district on the date of application for replacement allowance are divided as follows:
(1) Home-to-school transportation.
(2) Community recreation under Education Code Section 39835.
(3) Other transportation.
(b) Reduction.
The replacement allowance approved for a school bus shall be reduced if the total miles traveled by all of the buses for the purpose of subsection (a)(4) exceed 20 percent of the total miles traveled by all of the buses for the purposes of subsections (a)(1) and (a)(4).
(c) Amount of Reduction.
The reduction shall be in an amount which is the same percentage of the approved replacement expense as the excess mileage is of the total miles traveled under district ownership by all of the buses for the purposes of subsections (a)(1) and (a)(4).
HISTORY
1. Amendment of subsection (a) filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Article 8. Newly Formed Unified School Districts
History
A unified school district eligible for current expense allowance under Education Code Section 41857 and/or capital outlay allowance under Education Code Section 41860 shall notify the Superintendent of Public Instruction by letter of its intentions to apply for such allowances on or before May 1 of the fiscal year preceding the year in which such allowances, if approved, will be made.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§15341. Inclusion in Annual Report.
Upon proper approval given by the Superintendent of Public Instruction, the expenses may be included on the Form No. J-141, “Annual Report of Transportation Costs.” The Superintendent of Public Instruction shall determine the actual expense required because of a change of the location of schoolhouses or the reorganization of attendance centers.
§15342. Maximum Allowance for Capital Outlay.
The maximum allowance for capital outlay expense shall be the lesser of the following:
(a) The actual cost of the bus or buses required.
(b) An amount determined by dividing the number of pupils requiring transportation by the capacity of the bus plus 25 percent, multiplied by the actual cost of the bus.
§15343. Maximum Allowance for Current Expense.
The maximum allowance for current expense required because of a change in location of schoolhouses or the reorganization of attendance centers shall be determined by multiplying the actual mileage that the bus or buses are required to travel in transporting pupils from closed schools or to reorganized attendance centers by the average expense per mile for bus operation in the district.
Subchapter 6. Revenue Limits for School Districts
Article 1. General Provisions
Note • History
The provisions of this chapter apply to the calculation of a district's revenue limit pursuant to Article 2 of Chapter 7 of Part 24 of the Education Code (Apportionments and Revenue Control, Section 42237-42246).
NOTE
Authority cited: Section 42246, Education Code. Reference: Sections 42237-42245, Education Code.
HISTORY
1. New Chapter 6 (Sections 15370-15392) filed 3-14-80; effective thirtieth day thereafter (Register 80, No. 11).
Note
(a) “School Revenue Limit.” The revenue limit is a computed amount that places a limit on the amount of revenue that a district is allowed to receive from property taxes, certain local sources of income, and from the state. A district may receive state and federal categorical aid, property taxes for repayment of capital projects outside the revenue limit, and some limited fees in addition to the revenue limit. The total revenue limit consists of a base revenue limit plus any of a number of revenue limit adjustments.
(b) “Base Revenue Limit.” The base revenue limit is an amount that is computed by formula each year from the previous year's base revenue limit. Some of the revenue limit adjustments are permanent increases or decreases to the revenue limit and so become incorporated into the base revenue limit. Other revenue limit adjustments are computed anew each year.
(c) “Average Daily Attendance” (hereafter referred to as ADA). Unless otherwise indicated, attendance is measured as the count of daily attendance averaged over the school year consisting of at least 175 school days meeting for the minimum length school day as specified in the Education Code. For classes for adults and classes for regional occupational centers or programs pursuant to Education Code Section 41601, the average daily attendance shall be determined by dividing the total number of days of attendance in all full school months in the first period of attendance by a divisor of 70, in the second period by 135, and at annual time by 175. For classes for adults and classes for regional occupational centers or programs, three hours of attendance are equal to one apportionment day of attendance. There are three attendance periods for each fiscal year. The First Principal attendance period, designated P1, is the attendance count from July 1 through December 31, and is used to compute the First Principal Apportionment due February 20 of the fiscal year. The second principal attendance period, designated P2, is the attendance count from July 1 through the last school month that ends on or before April 15 of the fiscal year, and is used to compute the Second Principal Apportionment due June 25 of the fiscal year. Annual Attendance is the attendance count from July 1 through June 30 of the fiscal year.
(d) “Categorical Aid.” In addition to the revenue limit support, school districts receive other state and federal funds which are apportioned on allotment for specific purposes named in the law, regulation, or statute. These are known as categorical aid because they can be spent only for specific categories.
(e) “General Aid.” Revenue limit support, both local and state, are general aid as it can be spent for general purposes of the district.
NOTE
Authority cited: Section 42246, Education Code. Reference: Sections 42237-42245, Education Code.
Article 2. Recomputation of 1978-79 School District Revenue Limits
§15375. Use of Official Schedules.
Note • History
The Local Assistance Bureau (LAB) of the California Department of Education (CDE) shall provide official schedules for use in making the recomputations required by this article. These schedules shall be known as:
(a) SCHEDULE B, SCHEDULE FOR THE RECOMPUTATION OF THE DISTRICT'S 1978-79 REVENUE LIMIT/BLOCK GRANT FOR K-12 PROGRAMS TO BE USED AS A BASE FOR THE 1979-80 REVENUE LIMIT,
(b) SCHEDULE Q(B), SCHEDULE FOR THE DETERMINATION OF THE ADJUSTMENT FACTOR FOR REDUCTION OF TOTAL BLOCK GRANT FOR SCHOOL DISTRICTS,
(c) SCHEDULE F, 1979-80 SCHEDULE FOR THE DETERMINATION OF THE ADDITION TO THE RECOMPUTATION OF THE 1978-79 STATE TEACHERS' RETIREMENT SYSTEM (STRS) ALLOWANCE ADJUSTMENT FOR HIGH SCHOOL DISTRICTS EDUCATING 7th and 8th GRADE PUPILS,
(d) SCHEDULE BB, SCHEDULE FOR THE RECOMPUTATION OF THE DISTRICT'S 1978-79 REVENUE LIMIT FOR EDUCATION OF ADULTS TO BE USED AS A BASE FOR THE 1979-80 REVENUE LIMIT.
These official schedules shall be used in making these calculations. Reporting to the LAB may be made on computer tape, subject to the prior approval of the CDE.
The LAB shall issue two sets of official schedules for use in recalculation of 1978-79 revenue limits. These schedules shall have the designations “-P1” and “-P2,” and shall be used in making the Annual Recalculation of the Apportionment.
The LAB shall modify these schedules, as required, pursuant to any legislation enacted subsequent to the approval of these regulations.
NOTE
Authority cited: Section 42246, Education Code. Reference: Sections 42237-42245, Education Code.
HISTORY
1. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
Note • History
References shall be made in this article to the form, schedules, and worksheet issued by the Local Assistance Bureau (LAB) of the California Department of Education for use in recomputing the revenue limit/block grant in the 1978-79 fiscal year. The amounts to be used in making the recomputations described herein shall be those reported to the LAB on the specified form or schedules issued by the LAB, unless authorization to use computer tape has been granted.
NOTE
Authority cited: Section 42246, Education Code. Reference: Sections 42237-42245, Education Code.
HISTORY
1. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§15377. 1978-79 Recomputed Revenue Limit for K-12 Programs Using Schedule B and Back-Up Schedules Q(B) and F.
Note
The county superintendent of schools shall recompute the 1978-79 revenue limit for K-12 programs to be used as a base for the 1979-80 revenue limit for each school district in the county using Schedule B. Schedule B shall be completed as follows:
(a) Line A: Report of the total 1978-79 revenue limit as shown on Line C-18 of Form K-12-A (1978-79).
(b) Line B: Report the revenue limit adjustments which are included in the base amount reported in Line A, and which must be excluded from the revenue base pursuant to Education Code Section 42237(a)(1). These revenue limit adjustments shall be reported as follows:
(1) Line B-1: Declining Enrollment Adjustment (reference Education Code Section 42239). Use the amount shown in Form K-12-A (1978-79), Line C-5.
(2) Line B-2: Unemployment Insurance Additional Costs Adjustment (reference Education Code Section 42241.7). Use the amount shown in Form K-12-A (1978-79), Line C-12.
(3) Line B-3: Adjustment for Mandated Costs Imposed by Final Court Orders, Federal Statutes, or Initiative Enactments after January 1, 1978 (reference Education Code Section 42243.6). Use the amount shown in Form K-12-A (1978-79), Line C-15.
(4) Line B-4: Prior Year and Other Adjustments (reference Education Code Sections 42245, 46617.5, 52321, and 52501.5). Use the sum of the amounts shown in Form K-12-A (1978-79), Lines C-17a, C-17b, C-17c, and C-17d.
(5) Line B-5: Adjustment in Revenue Limit for Nonimmigrant-Noncitizen Children (reference Education Code Section 42950). Use the amount shown in Form K-12-A (1978-79), Line C-14 times .50.
(6) Line B-6: Adjustments in Revenue Limit for Interdistrict Attendance Agreements (reference Education Code Section 46605(d)). Use the amount shown in Form K-12-A (1978-79), Line C-8.
(7) Line B-7: Report the total of these adjustments (sum of the amounts in Lines B-1 through B-6). This amount shall be shown in brackets () if negative.
(c) Line C: Report the total recomputed 1978-79 revenue limit, which is equal to the amount in Line A minus the amount in Line B-7.
NOTE: If the amount in Line B-7 is negative, this amount is added; if the amount is positive, this amount is subtracted.
(d) Line D: Report the 1977-78 permissive overrides levied and received which are to be added to the 1978-79 revenue limit for purposes of block grant. This is the same amount as shown on Form K-12-A (1978-79), Line D.
(e) Line E: Report the sum of the amounts in Lines C and D.
(f) Line F: Report the adjustment factor as recomputed using Schedule Q(B). Schedule Q(B) shall be completed as follows:
(1) Line A: Report the 1978-79 recomputed revenue limit as shown on Line C of Schedule B (1979-80).
(2) Line B: Report the 1977-78 permissive overrides levied and received to be added to the 1978-79 revenue limit for purposes of block grant, as shown on Line D of Schedule B (1979-80).
(3) Line C: Report the sum of the amounts in Lines A and B to give the total amount for adjustment factor determination.
(4) Line D: Report the total 1978-79 revenue limit ADA. This amount is the same as shown on Line C-1 of Form K-12-A (1978-79).
(5) Line E: Report the total amount per ADA, equal to the amount in Line C divided by the ADA reported in Line D, rounded to two decimal places.
(6) Line F shall be used to perform the computation of the adjustment factor.
(A) Line F-1a: Report the foundation program amount to be used in this recomputation for districts which do not meet the provisions of Chapter 119 of the Statutes of 1979 (AB 445). This amount is $1,241 for elementary school districts, $1,427 for high school districts, or $1,322 for unified school districts.
(B) Line F-1b: Report the foundation program amount to be used in this calculation for districts that do meet the following three criteria specified by Chapter 119, Statutes of 1979 (AB 445), specifically that:
(1) the district has an average daily attendance of less than 10,000, as reported on Line C-1 of Form K-12-A (1978-79);
(2) the district maintained a necessary small school in 1977-78 and 1978-79 other than a continuation high school or a special education school; and
(3) the district was credited with a foundation program amount in the 1977-78 school year pursuant to Education Code Sections 41701, 41703, or subdivision (a) of Section 41711. For districts that meet all of these requirements, the amount used in Line F-1b shall be equal to the district's average foundation program amount per unit of average daily attendance for the 1978-79 fiscal year, which is determined by dividing the foundation program amount shown in Line C-3 of Form K-12-A (1978-79) by the average daily attendance shown in Line C-1 of the same form. The result shall be rounded to the nearest whole dollar. This amount must be the same as that shown in Line F-1b in Schedule Q(B) (1978-79).
(C) Line F-2: Report the computed factor, equal to the amount in Line E divided by the amount in Line F-1a or F-1b, as appropriate, rounded to four decimal places.
(D) Lines F-3, F-4, and F-5 shall be used to determine the adjustment factor. If the factor in Line F-2 is less than or equal to 1.1000, use Line F-3 to report a deficit factor of .910000. If the factor in Line F-2 is greater than or equal to 1.5000, use line F-4 to report a deficit factor of .850000. If the factor in Line F-2 is between 1.1000 and 1.5000, perform the following calculation: subtract 1.1000 from the amount in Line F-2, divided the difference by .4, and multiply quotient by .06 and then add this product to .09, and then subtract that result from 1.00. (Round the answer in Line F-5 to six decimal places).
(7) Line G: Report the adjustment factor, which is equal to the amount in Line F-3 or F-4 or F-5, as appropriate.
NOTE: Return to Schedule B and report this amount on Line F of that schedule.
(g) Line G, Schedule B: The 1978-79 Total Recomputed Adult Revenue Limit: The amount on Line G of Schedule B is the same as the amount on Line C of Schedule BB, Schedule for the Recomputation of the District's 1978-79 Revenue Limit for Education of Adults. Use this amount as the base, the recomputation of which is described in Section 15379.
(h) Line H, Schedule B: Report the total recomputed block grant subject to reduction. This amount is equal to the sum of the amounts in Lines E and G.
(i) Line I: Report the total recomputed block grant after adjustment factor which is equal to the amount in Line F times the amount in Line H, rounded to the nearest dollar.
(j) Line J: Report the reduction of specified categorical programs and state special schools adjustment as required by Education Code Sections 42237(a)(2)(A) and 42243.5. This reduction shall be made for the following programs:
(1) Line J-1: Child Development (reference Education Code Section 8329). Use the amount levied and received for Child Development pursuant to Schedule P (1978-79), Line 2 times the adjustment factor shown in Form K-12-A (1978-79), Line F, but not to exceed the amount transferred to the Child Development Fund in 1978-79. Report this amount, rounded to the nearest dollar, on Line J-1.
(2) Line J-2: Development Centers for Handicapped Pupils (reference Education Code Section 56811). Use the amount levied and received for Development Centers for Handicapped Pupils pursuant to Schedule P (1978-79), Line 9, times the adjustment factor shown in Form K-12-A (1978-79), Line F, but not to exceed the amount transferred to Development Centers for Handicapped Pupils Fund in 1978-79. Report this amount, rounded to the nearest dollar, on Line J-2.
(3) Line J-3: Meals for Needy Pupils (reference Education Code Section 49502). Use the amount levied and received pursuant to Schedule P (1978-79), Line 7 times the adjustment factor shown in Form K-12-A (1978-79), Line F, but not to exceed the amount transferred to Meals for Needy Programs in 1978-79. Report this amount, rounded to the nearest dollar, on Line J-3.
(4) Line J-4: Decrease in Revenue Limit to Reflect a Required Reduction Because of Payments to Special Education Schools. State Special Education Schools (reference Education Code Section 42243.5). Use the amount of district contributions for state special education schools from local tax revenues pursuant to former Education Code Sections 59021, 59121, and 59221 (repealed by Chapter 237, Statutes 1979) for the 1972-73 fiscal year, plus the 1978-79 fiscal year revenue limit adjustment shown on Line C-11 of Form K-12-A (1978-79) pursuant to Section 42243.5 as it read in that fiscal year. Report this amount on Line J-4.
(5) Line J-5: Total Categorical Programs Reduction. Report the sum of the amounts in Lines J-1 through J-4.
(k) Line K: Compute the amount of reduction for mandated adult programs, as required by Education Code Section 42237(a)(2)(B). The amounts of the required reduction shall be computed as follows:
(1) Line K-1: Compute the 1978-79 adult base revenue limit per ADA which includes the adult base revenue limit and the adult revenue limit adjustment for additional STRS cost pursuant to Education Code Section 42238(i) (Chapter 232, Statutes 1978). This amount shall be equal to the sum of the amounts in Lines C-2 and C-3 from Worksheet S (1978-79) divided by the adult attendance shown in Line C-1 of Worksheet S (1978-79). Report this result rounded to two decimal places on Line K-1.
(2) Line K-2: Report the 1978-79 adjustment factor as shown in Form K-12-A (1978-79) Line F, rounded to six decimal places.
(3) Line K-3: Compute the 1978-79 reduced adult base revenue limit which is equal to the amount in Line K-1 times the amount in Line K-2. Round this result to two decimal places and show this on Line K-3.
(4) Line K-4: Report the 1978-79 school year second principal adult average daily attendance generated in the adult education programs mandated by Item 316.1 of the Budget Act of 1978 (Chapter 359, Statutes of 1978). Do not report any adult attendance from the 1977-78 school year. Report this amount on Line K-4.
(5) Line K-5: Compute the total reduction for mandated adult program, which is equal to the amount in Line K-3 times the attendance in Line K-4. Report this amount rounded to the nearest dollar on Line K-5.
(l) Line L: Additions to Revenue Limits Pursuant to Education Code Section 42237(a)(3).
(1) Line L-1a: Report the amount of state apportionments received by the district in fiscal year 1978-79 in Recalculated Second Principal Apportionment for this State Teachers Retirement System pursuant to Item 316.1 of the Budget Act of 1978 (Chapter 359, Statutes of 1978) excluding that portion allocated by the district for adults in Education Code Section 42237(c)(4)(A). Use only the K-12 share of the amount shown on Exhibit C, 1978-79 Recalculated Second Principal Apportionments pursuant to both Sections 41716 and 41716.5 of the Education Code. This recalculation is based on 1978-79 actual salaries shown on Page 21, Column 2 of the 1979-80 J-41 and the calculation in 1978-79, Schedule H(A).
(2) Line L-1b: To complete Line L-1b, see Schedule F to report the revenue limit increase for those high school districts providing education to 7th and 8th graders, as authorized by Section 42237.6 of the Education Code.
NOTE: Only those high school districts educating 7th and 8th grade pupils need to complete L-1b.
Schedule F shall be completed as follows:
(A) Column I reflects the recalculation of Schedule H(A) for fiscal year 1978-79. Column II reflects calculations pursuant to Education Code Section 42237.6.
1. Line A: Report the actual 1978-79 district contribution to STRS (8.0%). This figure is obtained from Column 2, page 21 of the J-41, District Budget and Financial Report.
2. Line B: Report the computation amount in Column I based on the 1978-79 actual assessed valuation times (.05 divided by 100). In Column II, multiply the 1978-79 actual assessed valuation times (.0692 divided by 100). For 1978-79, modified assessed valuation is actual assessed valuation.
3. Line C: Determine the balance by deducting Line B from Line A. If the balance in both columns is negative, stop the calculation and proceed no further. If the balance in either column is positive, proceed with the calculations.
4. Line D: Report the computation based on the 1978-79 modified assessed valuation times (.03 divided by 100) for Column I and 1978-79 modified assessed valuation times (.0415 divided by 100) for Column II.
5. Line E: Determine the balance by deducting Line D from amount in Line C. If the balance in both columns is negative, stop the calculation and proceed no further. If the balance in either column is positive, proceed with the calculations.
6. Line F: Report the computation based on 1978-79 modified assessed valuation times (.04 divided by 100) for Column I and 1978-79 modified assessed valuation times (.0554 divided by 100) for Column II.
7. Line G-1: For each column (I and II), if the amount in Line F is equal to or exceeds the amount in Line E, the state will pay one-half the amount in Line E. If G-1 is the alternate, proceed to line H.
8. Line G-2: For each column (I and II), if the amount in Line F is less than the amount in Line E, the state will pay one-half the amount in Line F. Do not proceed to Line H if Line G-2 is the alternate.
9. Line H: The local district is required from its own funds to pay an amount equal to the amounts shown in Line G-1 or G-2 in either column. This additional local cost cannot be added to the revenue limit by the district.
10. Line I: The balance required after deduction of the amount in Line G-1 or G-2 from the amount in Line E, minus the amount in Line H.
11. Line J-1: State pays 60 (sixty) percent of the amount in Line I.
12. Line J-2: Local school district pays 40 (forty) percent of the amount on Line I. District cannot add this amount to the revenue limit.
(B) Analysis of State Teachers Retirement Allowances for 1978-79.
1. Line I: In Column I, the 1978-79 Second Principal Actual STRS Allowance from Column I, Line D plus Line G. It should be noted that this amount reflects the recalculation of 1978-79 STRS allowances to take into effect the actual district contribution to STRS paid in 1978-79.
2. Line II: In Column II, the actual 1978-79 revised Second Principal STRS Allowance from Column II, Line D plus Line G. This amount is for purposes of Education Code Section 42237.6 (junior high STRS).
3. Line III: In Column I, the actual 1978-79 local district additive from Schedule H(A), Line A-4d. This amount is based on .05 times the 1978-79 actual assessed valuation divided by 100.
4. Line IV: In Column II, show the actual 1978-79 local district STRS additive which would have been shown on Schedule H(A), Line A-4d. This amount is based on .0692 times the 1978-79 actual assessed valuation divided by 100. From this amount, subtract the amount on Line A-4d, 1978-79, Schedule H(A). From this difference, add the amount shown on Line III.
5. Line V: Subtract the amount in Line III from the amount in Line IV and subtract the amount in Line I from the amount in Line II. Add the two amounts obtained and show in Line V. This amount is then used on Schedule B, Line L-1b, and is a one-time permanent adjustment to the base revenue limit. For further calculations, return to Schedule B, Line L-2.
(3) Line L-2: Report the balances of funds on June 30, 1977 restricted for meals for needy pupils for districts which levied no meals for needy pupils tax pursuant to Section 49502 of the Education Code in the 1977-78 fiscal year.
(4) Line L-3: (A) Report one-half of the amount of salary increases granted to classified employees of a school district in the fiscal years 1974-75 to 1979-80, inclusive, by the board of supervisors of a combined city and county (Education Code Section 42237(a)(3)(C)).
(B) Report any revenue limit increase authorized pursuant to Section 42244 of the Education Code which was not authorized to be levied prior to the 1979-80 fiscal year (Education Code Section 42237(a)(3)(D)).
(C) If items (4)(A) and/or (4)(B) are claimed by a school district, the county must provide the Local Assistance Bureau with an explanation of how the amounts were derived.
(5) Line L-4: Report the sum of lines L-1a, L-1b, L-2, and L-3 to the revenue limit.
(m) Line M: Report the 1978-79 recomputed base revenue limit, which amount shall be equal to the amount in Line I minus the amount in Line J-5 minus the amount in Line K-5 plus the amount in Line L-4.
(n) Line N: Report the 1978-79 redefined second principal revenue limit average daily attendance used for block grant purposes as follows:
(1) Line N-1: Report the actual K-12 average daily attendance used in the 1978-79 Second Principal Apportionment, as shown in Form K-12-A (1978-79), Line C-1.
(2) Line N-2: Report the actual 1978-79 second principal summer school average daily attendance for programs for graduating seniors, which amount shall be rounded to a whole number.
(3) Line N-3: Report the 1977-78 second principal apportionment average daily attendance in summer school programs that is included in Line N-1. Summer school programs for substantially handicapped pupils are regular attendance and shall not be included in the attendance reported on Line N-3.
(4) Line N-4: Report the total 1978-79 redefined second principal revenue limit average daily attendance, which shall be equal to the average daily attendance in Line N-1 plus the average daily attendance in Line N-2 minus the average daily attendance in Line N-3.
(o) Line O: Determine the 1978-79 recomputed K-12 base revenue limit amount per unit of average daily attendance which is to be used as the base for the 1979-80 revenue limit calculation. This amount shall be equal to the amount in Line M divided by the average daily attendance in Line N-4, and reported to two decimal places. Enter this result on Form K-12, Line A.
NOTE
Authority cited: Section 42246, Education Code. Reference: Sections 42237-42245, Education Code.
§15378. Calculation of Statewide Average 1978-79 Revenue Limits for K-12 Programs.
Note
The Superintendent of Public Instruction shall determine the 1978-79 statewide weighted mean revenue limits for seven classifications of districts by ADA for K-12 programs computed pursuant to Section 42237(a)(5) of the Education Code and reported on Line O of Schedule B (1979-80) as described in Section 15377. As used in this section, “ADA” is the district's 1978-79 regular average daily attendance, and is equal to the average daily attendance in Line N-4 minus the average daily attendance in Line N-2 of Schedule B (1979-80). This computation shall be made for the following groups of districts:
(a) Elementary districts with less than 101 units of ADA.
(b) Elementary districts with more than 100 and less than 901 units of ADA.
(c) Elementary districts with greater than 900 units of ADA.
(d) High school districts with less than 301 units of ADA.
(e) High school districts with greater than 300 units of ADA.
(f) Unified districts with less than 1,501 units of ADA.
(g) Unified districts with greater than 1,500 units of ADA.
NOTE
Authority cited: Section 42246, Education Code. Reference: Sections 42237-42245, Education Code.
§15379. 1978-79 Recomputed Revenue Limit for Adult Programs Using Schedule BB.
Note
The county superintendent of schools shall recompute the 1978-79 revenue limit for adult programs to be used as a base for the 1979-80 revenue limit for each school district in the county providing education for adults, using Schedule BB. Schedule BB shall be completed as follows:
(a) Line A: Report the total 1978-79 adult revenue limit as shown on Line C-9 of Worksheet S (1978-79, dated 10/10/78). (Also the same as Line G, Form K-12-A, 1978-79).
(b) Line B: Report the revenue limit adjustments which are included in the base amount reported in Line A, and which must be excluded from the revenue base pursuant to Education Code Section 42237(a)(1). These revenue limit adjustments shall be reported as follows:
(1) Line B-1: Prior year adjustments (reference Education Code Section 42245). Use the amount shown in Worksheet S (1978-79), Line C-4.
(2) Line B-2: Gain or loss from Interdistrict Attendance Agreements (reference Education Code Section 46605(d)). Use the amount shown in Worksheet S (1978-79), Line C-6.
(3) Line B-3: Report the total of these adjustments equal to the sum of the amounts in Lines B-1 and B-2. This amount shall be shown in brackets ( ) if negative.
(c) Line C: Report the total recomputed 1978-79 adult revenue limit prior to adjustment factor, equal to the amounts in Line A minus the amount in Line B-3.
Note: If the amount in Line B-3 is negative, add the amount. Positive amounts are subtracted. Report this amount on Schedule B, Line G.
(d) Line D: Report the 1978-79 adjustment factor as shown on Line F of Form K-12-A (1978-79), rounded to six decimal places.
(e) Line E: Compute the 1978-79 reduced adult revenue limit, equal to the amount in Line C times the amount in Line D. Report this amount rounded to the nearest dollar.
(f) Report an adjustment to the adult revenue limit pursuant to Education Code Section 42237(a)(3). This adjustment is equal to the amount of state apportionments received by the district for the State Teachers Retirement System pursuant to Item 316.1 of the Budget Act of 1978 (Chapter 359, Statutes of 1978). Use the adult share of the amount shown on Exhibit C, 1978-79 Recalculated Second Principal Apportionment. This amount includes that portion allocated by the district for adult programs and excluded from Schedule B, Lines L-1a and L-1b.
(g) Line G: Report the 1978-79 recomputed adult base revenue limit, equal to the amount in Line E plus the amount in Line F.
(h) Line H: Report the 1977-78 actual recalculated second principal adult average daily attendance. Count all 1977-78 adult attendance except for concurrently enrolled students.
NOTE: This must be the same attendance as shown on Line C-1 of Worksheet S (1978-79 dated 10/10/78), unless ADA corrections were processed after that time.
(i) Line I: Report the recomputed 1978-79 adult base revenue limit per unit of average daily attendance to be used as the base for the 1979-80 revenue limit calculation. This amount is equal to the amount in Line G divided by the attendance in Line H, and shall be reported to two decimal places. Use this amount on Schedule S, Line A.
NOTE
Authority cited: Section 42246, Education Code. Reference: Sections 42237-42245, Education Code.
§15380. Calculation of Statewide Average 1978-79 Adult Revenue Limit.
Note
The Superintendent of Public Instruction shall take the amount shown on 1979-80 Schedule BB, Line I, computed pursuant to Section 42237(c)(4)(A) of the Education Code and multiply this amount per ADA by the 1978-79 mandated adult ADA shown on 1979-80 Form K-12, Line K-4. The product of this calculation will be summed for all districts with adult programs. The amount obtained will then be divided by the statewide 1978-79 mandated adult ADA (1979-80 Form K-12, Line K-4) generated in the adult education program as specified in Item 316.1 of the Budget Act of 1978 (Chapter 359, Statutes of 1978). This quotient, rounded to the nearest dollar, is the 1978-79 statewide average adult revenue limit.
NOTE
Authority cited: Section 42246, Education Code. Reference: Sections 42237-42245, Education Code.
Article 3. Calculation of School District Revenue Limits for 1979-80
§15384. Use of Official Schedules.
Note • History
The Local Assistance Bureau (LAB) of the California Department of Education (CDE) shall provide an official form and schedules for use in making the calculations required by this article. The form and schedules shall be known as:
(a) FORM K-12. FORM FOR THE DETERMINATION OF THE DISTRICT'S REVENUE LIMIT FOR K-12 PROGRAMS FOR FISCAL YEAR 1979-80.
(b) SCHEDULE C, SCHEDULE FOR THE DETERMINATION OF THE 1979-80 DECLINING ENROLLMENT ADJUSTMENT TO BE ADDED TO LINE C-3 OF THE REVENUE LIMIT FORM K-12.
(c) SCHEDULE D, SCHEDULE FOR THE DETERMINATION OF THE 1979-80 REVENUE LIMIT ADJUSTMENT FOR INSTITUTIONALIZED AND FOSTER HOME CHILDREN--SPECIAL EDUCATION AND SPECIAL PROGRAMS.
(d) SCHEDULE E, SCHEDULE FOR THE DETERMINATION OF THE NECESSARY SMALL CONTINUATION HIGH SCHOOL ADJUSTMENT FOR FISCAL YEAR 1979-80 FOR SCHOOLS APPROVED FOR 1979-80 PRIOR TO NOVEMBER 30, 1979 AND THE ADJUSTMENT FOR A NEWLY ORGANIZED UNIFIED DISTRICT WHICH BECAME EFFECTIVE FOR ALL PURPOSES ON OR AFTER JUNE 30, 1978.
(e) SCHEDULE G, SCHEDULE FOR DETERMINATION OF REVENUE LIMIT ADJUSTMENT FOR FISCAL YEAR 1979-80 FOR DEVELOPMENT CENTERS FOR HANDICAPPED PUPILS AND MEALS FOR NEEDY PUPILS.
(f) SCHEDULE J, SCHEDULE FOR THE DETERMINATION OF THE PERMANENT ADJUSTMENT TO THE K-12 REVENUE LIMIT FOR FISCAL YEAR 1979-80 FOR HIGH SCHOOL DISTRICTS MAINTAINING JUNIOR HIGH SCHOOL PROGRAMS.
(g) SCHEDULE S, SCHEDULE FOR THE DETERMINATION OF THE DISTRICT'S 1979-80 REVENUE LIMIT FOR THE MANDATED PROGRAMS FOR THE EDUCATION OF ADULTS.
The form and schedules shall be used in making the calculations. Reporting to the LAB will be made using the form and schedules or may be made on computer tape, subject to the prior approval of the CDE.
The LAB shall issue three sets of official revenue limit form and schedule for use in calculating 1979-80 revenue limits. These forms and schedules shall have the designations (P1), (P2) and (A) and shall be used to collect data for use in making the First Principal Apportionment, the Second Principal Apportionment and the Annual Recalculation of the Revenue Limit, respectively. The LAB shall modify this form and these schedules as required, pursuant to any legislation enacted subsequent to the approval of these regulations.
NOTE
Authority cited: Section 42246, Education Code. Reference: Sections 42237-42245, Education Code.
HISTORY
1. Change without regulatory effect amending first, penultimate and last paragraphs filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§15385. Use of Estimated or Actual Data.
Note
The data used in calculating the revenue limit using the (P1) set of form and schedules for the First Principal Apportionment shall be the best available estimates of data. The 1979-80 data used in calculating revenue limit using the (P2) set of form and schedules for the Second Principal Apportionment shall include actual second principal data where available and the best available estimates of other data where actual data is not available.
Data used in calculating the revenue limit using the (A) set of forms and schedules for the Annual Recalculation shall be actual 1979-80 data. The ADA used in the annual recalculation is corrected actual second principal ADA. Any data required from years 1978-79 or 1977-78 shall be actual recalculated second principal data.
Pursuant to Section 41601.5 of the Education Code, any district whose annual ADA is equal to or greater than 2 percent more than the second principal ADA specified herein, provided that this increase in attendance is attributable to the children of migrant agricultural workers, may substitute annual ADA for second principal. If annual attendance is used pursuant to Section 41601.5 of the Education Code, the county shall notify the Local Assistance Bureau of the State Department of Education of the actual annual ADA of the district.
NOTE
Authority cited: Section 42246, Education Code. Reference: Sections 42237-42245, Education Code.
§15386. Calculation of 1979-80 Revenue Limit for School Districts Using Form K-12.
Note
The county superintendent of schools shall calculate the 1979-80 revenue limit for each school district in the county using Form K-12 and Schedules C, D, E, G, J, and S. Form K-12 shall be completed as follows:
(a) Line A: Report the recomputed K-12 base revenue limit per unit of average daily attendance as shown in Line O of Schedule B (1979-80). This amount shall be reported to two decimal places.
(b) Line B-1: Report the appropriate weighted mean base revenue limit computed pursuant to Section 15378. The weighted mean revenue limits provided on Forms K-12 (P-1) and K-12 (P-2) are an estimate. The weighted mean revenue limits provided on Form K-12(A) shall be the actual weighted mean. For purposes of Line B-1, “ADA” shall be the 1978-79 regular average daily attendance, equal to the attendance in Line N-4 minus the attendance in Line N-2 of Schedule B (1979-80). Use the appropriate weighted mean for the type and size of district as follows:
(1) Line B-1a: For elementary districts with less than 101 ADA.
(2) Line B-1b: For elementary districts with greater than 100 but less than 901 ADA.
(3) Line B-1c: For elementary districts with greater than 900 ADA.
(4) Line B-1d: For high school districts with less than 301 ADA.
(5) Line B-1e: For high school districts with greater than 300 ADA.
(6) Line B-1f: For unified districts with less than 1,501 ADA.
(7) Line B-1g: For unified districts with greater than 1,500 ADA.
(c) Line B-2: Determine the computed factor equal to the appropriate amount in Line B-1 divided by the amount in Line A. Report this amount rounded to four decimal places. Note that this computed factor may be greater than 1.0000.
(d) Line B-3: Computation of the annual inflation adjustment. The adjustment for all districts is based on 8.6 percent (.086) times the weighted mean revenue limit of a unified district with ADA greater than 1,500 ADA (estimated to $1,476). $1,476 times .086 = $127 when rounded to whole dollars. The accuracy of the $127/per ADA will not be totally known until the final data to determine the $1,476 are available in the summer of 1980.
(e) Line B-4: Report a permanent decrease in the revenue limit per unit of average daily attendance which is required by Education Code Section 42244.7 when special education programs are transferred from a school district to a county superintendent of schools pursuant to Section 1710 of the Education Code. The amount of reduction shall be equal to the amount of excess cost which the district expended from its revenue limit, exclusive of income from federal sources or tuition for such programs in 1978-79, divided by the average daily attendance in 1979-80 as shown on Line C-1 of this form. This computed amount represents a decrease to the revenue limit and so shall be shown in brackets () and shall be reported to two decimal places.
(f) Line B-5: Report a permanent increase to the revenue limit authorized by Section 42237.5 of the Education Code and calculated pursuant to Section 15387. Add the amounts shown in Line I of Schedules J (1979-80) for the feeder elementary districts, and divide this sum by the high school ADA, as shown on Line C-1, 1979-80 Form K-12.
(g) Line B-6: Report the 1979-80 adjusted revenue limit per unit of ADA, equal to the sum of the amounts in Lines A, B-3, B-4, and B-5. This result shall be reported to two decimal places.
(h) Line C-1: Report the 1979-80 second principal apportionment revenue limit ADA. On forms K-12(P1) and K-12(P2) use the estimated second principal ADA, and on Form K-12(A) use the actual second principal ADA.
(1) Line C-1a: Report the regular average daily attendance reduced by class-size penalties. Exclude summer school ADA and adult ADA attendance in both adult and regional occupational programs and centers. Do include concurrently enrolled pupils in ROP/C and adult programs. Also count ADA in summer programs for the substantially handicapped, as this is regular attendance and not summer school attendance.
(2) Line C-1b: Report the 1979-80 actual ADA in summer school programs for graduating seniors times .6, rounding the result to the nearest whole number. If the district had a 1979-80 summer program for graduating seniors and this result, prior to rounding, is less than one, report one ADA. ADA in summer school programs hall be credited only for those high school seniors who actually graduated by the end of September 1979.
(3) Line C-1: Report the sum of the ADA shown on Lines C-1a and C-1b.
(i) Line C-2: Compute the 1979-80 adjusted revenue limit, equal to the amount in Line B-6 times the ADA in Line C-1. Round the result to the nearest whole dollar.
(j) Line C-3: Report the increase in revenue limit because of declining enrollment authorized by Sections 42239 and 42239.5 of the Education Code and calculated pursuant to Section 15388 of this Article. Report the amount shown in Line K of Schedule C (1979-80).
(k) Line C-4: Report any gain or loss from Interdistrict Attendance Agreements Authorized by Education Code Section 46605(d).
(1) Under an interdistrict attendance agreement where tuition is paid, as authorized by this Education Code Section, the district in which the pupil lives shall claim the ADA and shall pay a tuition to the district in which the pupil attends. Pursuant to subdivision (d) of Section 46605 of the Education Code, the district of residence shall reduce its revenue limit by the total excess, if any, which is determined by subtracting the district of residence's revenue limit per unit of average daily attendance as reported in Line B-6 of Form K-12 (1979-80) multiplied by the total interdistrict average daily attendance from the total tuition to be paid to the districts of attendance. Also, the district of residence may increase its revenue limit by the total excess, if any, which is determined by subtracting the total tuition to be paid to districts of attendance from the district of residence's revenue limit per unit of average daily attendance as reported in Line B-6 of Form K-12 (1979-80) multiplied by the total interdistrict average daily attendance.
(2) If the district of attendance claims the units of average daily attendance under an inter-district attendance agreement, and no tuition is collected, the adjustment on Line C-4 shall not be allowed.
(l) Line C-5: Report the increase in the revenue limit to reflect additional costs incurred by the district for unemployment insurance pursuant to Education Code Section 42241.7. This section of the Education Code allows the district to increase its revenue limit by an amount equal to the expenditures to be incurred by the district in 1979-80 for the costs of unemployment insurance for certificated personnel minus the costs of unemployment insurance for certificated personnel in 1975-76 (the base year for this calculation).
(m) Line C-6: Report the increase in the revenue limit to reflect mandated costs imposed by final court orders, federal statutes, or initiative enactments after January 1, 1978, as authorized by Education Code Section 42243.6. If this revenue limit adjustment is used, the district and/or the county shall provide a letter of explanation to the Local Assistance Bureau of the State Department of Education.
(n) Line C-7a: Report of pupils in children's institutions and foster home additive pursuant to Sections 42902 and 42903 of the Education Code and calculated pursuant to Section 15389 of this Article. Report the amount shown in Line C of Schedule D (1979-80).
(o) Line C-7b: Report necessary small continuation high school adjustment and newly organized unified district adjustment effective on or after June 30, 1978. Calculation is made pursuant to Education Code Section 42243.7 and calculated pursuant to Section 15390 of this Article. Report the amount shown in Line E of Schedule E (1979-80).
(p) Line C-8: Report the increase in revenue limit for meals for needy pupils and development centers for handicapped pupils authorized by Section 42237 of the Education Code and calculated pursuant to Section 15391 of this Article. Report the amount shown in Line C of Schedule G (1979-80)
(q) Line C-9: Report the 1979-80 adult revenue limit authorized by Section 42237 of the Education Code and calculated pursuant to Section 15392 of this Article. Report the amount shown in Line E of Schedule S (1979-80).
(r) Line C-10: Report the following revenue limits adjustments. These adjustments for 1979-80 shall all be shown in brackets () since they represent reductions to the revenue limit.
(1) In 1980-81 and thereafter, Line C-10a could be plus or minus.
(2) Line C-10b: Report a reduction for excess reserves for Regional Occupational Center or Program, as required by Section 52321 of the Education Code. Excess reserves are defined in Section 52321 of the Education Code to mean net ending balances, exclusive of capital outlay balances accumulated through the regional occupational center or program restricted capital outlay tax authorized by Sections 52312 and 52317 of the Education Code, which are in excess of 15 (fifteen) percent of the previous fiscal year's expenditures for operation.
(3) Line C-10c: Report a reduction for excess adult reserves as required by Section 52501.5 of the Education Code. Excess adult reserves are defined in this section of the Education Code to mean net ending balances in excess of 15 (fifteen) percent of the amount expended in the prior year for the operation of the adult education program.
(4) Line C-10d: Report a reduction in the revenue limit to reflect the difference between county-operated revenue limit or Joint Powers Regional Occupational Center or Program actual cost and the district revenue limit, as required by Section 52321 of the Education Code. Pursuant to this section of the Education Code, a district shall pay an amount of tuition for each unit of average daily attendance equal to the base revenue limit of the district, but not to exceed the revenue limit of a county-operated regional occupational center or program per unit of average daily attendance or the actual cost per unit of average daily attendance of a regional occupational center or program operated pursuant to a joint powers agreement. The amount of any excess of the district's base revenue limit over the amount the district is required to pay shall be a reduction in the district's revenue limit, and this amount shall be reported in Line C-10d.
Use Line C-10 to report the total of the adjustments shown on Lines C-10b, C-10c, and C-10d. Note: Prior-year adjustments pursuant to Section 42245 of the Education Code shall not be a revenue limit adjustment in the 1979-80 fiscal year and so Line C-10a shall not be used. Any corrections to the 1978-79 K-12 revenue limit shall be made through the recalculation of the 1978-79 K-12 revenue limit due February 1980.
(s) Line C-11: Report the total Revenue Limit of he district first computation, which is the sum of the amounts in Lines C-2 through C-10.
(t) Line C-12: Compute the minimum 1979-80 revenue limit, which is equal to 1.02 times the difference between the 1978-79block grant (after application of the adjustment factor shown on Line I of Form K-12-A (1978-79) and the 1978-79 amount for Child Development shown on Line J-1 of Schedule B (1979-80)).
(u) Line C-13: Report the increase in the revenue limit for high transportation costs in small school districts pursuant to Section 42240 of the Education Code. The county office of education shall compute for each school district with less than 2,501 units of average daily attendance in regular programs, excluding attendance in adult programs, regional occupational centers or programs, and summer school programs in the 1978-79 second principal apportionment, the difference between:
(1) The approved 1977-78 home-to-school transportation expense as shown in Line D-1 of Form J-141 issued by the Local Assistance Bureau of the State Department of Education, and
(2) Three percent of the district's 1977-78 general fund total expense of education as shown in the sum of accounts 1000 through 6000 in Form J-41 (1978-79), Column 2 issued by the Local Assistance Bureau of the State Department of Education. If this difference is greater than zero, it shall be added to the revenue limit of the school district.
(v) Line C-14: Compute the total 1979-80 revenue limit, equal to the greater of:
(1) The sum of the amounts in Lines C-11 and C-13, or
(2) The sum of the amounts in Lines C-12 and C-13.
(w) Line D-1: Report 1979-80 secured roll tax collections pursuant to Government Code Section 26912 excluding all subventions.
(x) Line D-2: Report the 1979-80 subventions for the homeowners exemption (HOX) and the business inventory exemption (BIX) for both the secured and unsecured rolls.
(y) Line D-3: Report 1979-80 secured and unsecured roll tax collections for subventions other than homeowners and business inventory exemptions, pursuant to Section 41052 of the Education Code and Section 992 of the Revenue and Taxation Code.
(z) Line D-4: Report the 1979-80 amount of timber tax yield revenue received pursuant to Section 41760.5 of the Education Code and Section 38906 of the Revenue and Taxation Code.
(aa) Line D-5: Report the 1979-80 tax income from the unsecured roll excluding all subventions.
(bb) Line D-6: Report the amount of regular prior-year taxes received in 1979-80.
(cc) Line D-7: Report the amount of prior-year impounds released in 1979-80.
(dd) Line D-8: Report for 1979-80 the amount of any unrestricted prior year balances in any other tax funds. This amount shall be used in 1979-80 as local income.
(ee) Line D-9: Report 50 (fifty) percent of the miscellaneous funds for 1979-80. Section 41604 of the Education Code defines miscellaneous funds to be revenues that a district has received and which have been deposited to the credit of the general fund of the district on account of in-lieu taxes or income from bonuses or royalties. Potash and potassium royalties received pursuant to U.S. federal mineral deposits in excess of $909,517 are considered to be miscellaneous funds. Federal forest reserve revenues and revenues from rents are not considered to be miscellaneous funds.
(ff) Line D-10: Report total local revenue, equal to the sum of the amounts on Lines D-1 through D-9.
(gg) Line E: Compute the state aid portion of the revenue limit, equal to the amount in Line C-14 minus the amount in Line D-10. In no event shall the state block grant be less than $2,400 or the product of the average daily attendance shown in Line C-1 and $120.
NOTE
Authority cited: Section 42246, Education Code. Reference: Sections 42237-42245, Education Code.
§15387. Calculation of Increase in Revenue Limit for a High School District Maintaining a Junior High School Using Schedule J.
Note
Note: Only high school districts with junior high programs are affected.
The increase in revenue limit for a high school district maintaining a junior high school authorized by Section 42237.5 of the Education Code shall be calculated using Schedule J. This calculation shall not apply to any high school district whose 1978-79 recomputed base revenue limit per unit of average daily attendance, as shown on Line A of Form K-12 (1979-80) exceeds 120 (one hundred and twenty) percent of the 1978-79 weighted average revenue limit for high school districts having over 300 units of average daily attendance computed pursuant to Section 15378, nor shall this calculation apply to high school districts that do not receive junior high school tuition payments pursuant to Section 37062 of the Education Code. The calculation described in Steps (a) through (j) below shall be made for each elementary school district sending junior high school pupils to the high school district, using Schedule J.
(a) Line A: Compute the 1979-80 base revenue limit per unit of average daily attendance for the elementary school district, equal to the sum of the amounts shown in Lines A and B-3 of Form K-12 (1979-80) for the elementary school district. Report this amount rounded to two decimal places on Line A.
(b) Line B: Compute the 1979-80 base revenue limit for the high school district, equal to the sum of the amounts shown in Lines A and B-3 of Form K-12 (1979-80) for the high school district. Report this amount, rounded to two decimal places, on Line B.
(c) Line C: Subtract the elementary district's base revenue limit shown in Line A from the high school district's base revenue limit shown in Line B and multiply this difference by .75. Report this result rounded to two decimal places on Line C.
(d) Line D: Report the 1979-80 elementary school district junior high school tuition rate pursuant to Section 37062 of the Education Code. This amount shall be rounded to two decimal places.
(e) Line E: Subtract the elementary district's base revenue limit shown in Line A from the junior high school tuition rate shown in Line D, and report this result to two decimal places on Line E.
(f) Line F: Report the 1979-80 Second Principal seventh and eighth grade average daily attendance attending the high school district.
(g) Line G: Subtract the amount in Line E from the amount in Line C, and multiply this result by the average daily attendance shown in Line F. Report this result to a whole dollar on Line G. If this result is less than zero, report zero.
(h) Line H: Subtract the high school district's base revenue limit shown in Line B from the junior high school tuition rate shown in Line D, and multiply this result by the average daily attendance in Line F. Report this result to a whole dollar on Line H. If this result is less than zero, report zero.
(i) Line I: Subtract the amount in Line H from the amount in Line G. This is the amount for a single district. A separate Schedule J must be completed for each of the elementary school districts that send junior high school students to the high school district. When this has been done, add the amounts shown in Line I of Schedule J for all the feeder elementary districts of the high school district, and divide this sum by the high school ADA, as shown on Line C-1, 1979-80, Form K-12. This quotient shall be rounded to two decimal places and reported on Line B-5 on the 1979-80 Form K-12. Note: If the sum of the Feeder elementary districts, Line I adjustments, is less than zero, there is no adjustment to the high school revenue limit.
NOTE
Authority cited: Section 42246, Education Code. Reference: Sections 42237-42245, Education Code.
§15388. Calculation of Increase in Revenue Limit Because of Declining Enrollment Using Schedule C.
Note
The increase in revenue limit for declining enrollment authorized by Sections 42239 and 42239.5 of the Education Code shall be calculated using Schedule C. Schedule C shall be completed as follows:
(a) For the purpose of Schedule C only, “ADA” shall mean regular K-12 average daily attendance, but shall exclude ADA in summer school programs, ADA for concurrently enrolled high school students in adult education programs, ADA earned in regional occupational centers or programs, ADA from interdistrict attendance agreements, ADA for Sedgwick Act pupils, ADA in adult education programs, ADA gained or lost because of district reorganization, ADA for pupils transferred to a county superintendent of schools special education program, ADA for Master Plan Special Education formerly reported by county offices of education but, for 1979-80, reported as school district ADA (1979-80 compared to 1978-79 only), and ADA changes due to class-size penalties. Attendance in summer school programs for substantially handicapped pupils is counted as regular attendance, not summer school attendance. Changes in attendance due to district reorganization shall not be counted as required by Section 42239 of the Education Code.
(b) Line A: Report the 1978-79 second principal ADA.
(c) Line B: Report the 1979-80 second principal ADA.
(d) Line C: Compute the loss in ADA between 1978-79 and 1979-80 equal to the attendance in Line A minus the attendance in Line B.
(e) Line D: Compute 1 (one) percent of the 1978-79 ADA, equal to .01 times the attendance in Line A.
(f) If the loss in ADA in Line C is more than the 1 (one) percent loss shown in Line D, then compute the additional ADA that the district is allowed to count, equal to .75 times the attendance in Line C, and report this amount in Line E rounded to a whole number.
(g) Line F: Report the 1977-78 second principal ADA.
(h) Line G: Compute the loss in ADA between 1977-78 and 1978-79, equal to the attendance in Line F minus the attendance in Line A.
(i) Line H: Compute 1 (one) percent of the 1977-78 ADA, equal to .01 times the attendance in Line F.
(j) Line I: If the loss in ADA shown in Line G is more than the 1 percent loss shown in Line H, then compute the additional ADA that the district is allowed to count, equal to .50 times the attendance in Line G, and report this amount on Line I, rounded to a whole number. Proceed with this computation even if the district did not qualify for the .75 adjustment.
(k) Line J: Report the base revenue limit per unit of average daily attendance for 1979-80. This is the same amount as shown on Line B-6 of Form K-12 (1979-80).
(1) Line K: Report the total additional revenue to be added as a declining enrollment adjustment. This amount is equal to the sum of the attendance computed in Lines E and I multiplied by the amount in Line J, and rounded to a whole dollar. Report this amount on Line C-3 of Form K-12 (1979-80).
NOTE
Authority cited: Section 42246, Education Code. Reference: Sections 42237-42245, Education Code.
§15389. Calculation of Increase in Revenue Limit for Pupils in Children's Institutions and Foster Homes Using Schedule D.
Note
(a) The increase in revenue limit for pupils in children's institutions and foster homes authorized by Sections 42902 and 42903 of the Education Code shall be calculated using Schedule D.
(b) Part A of Schedule D is used to report the expenditures for a special education program for foster home and institutionalized pupils operated by a district as follows:
(1) Line A-1a: Report actual 1978-79 expenditure for special education programs for pupils in foster homes and institutions.
(2) Line A-1b: Report actual 1978-79 expenditure for Development Centers for Handicapped Pupils in foster homes and institutions.
(3) Line A-1c: The total expenditures are obtained by adding the amounts in Lines A-1a and A-1b.
(4) Line A-2: This line shows the 1978-79 ADA in special education programs for pupils in foster homes and institutions.
(5) Line A-3a: Report the 1978-79 special education allowances received for pupils in foster homes and institutions.
(6) Line A-3b: Report the 1978-79 state allowance for development centers for handicapped pupils for those pupils in foster homes and institutions.
(7) Line A-3c: Report the revenue limit income for special education pupils in foster homes and institutions. From the 1978-79 Form K-12-A, add the base revenue limit (Line C-4) to the voted increase (Line C-6) and divide by the ADA (Line C-1). Multiply the resultant quotient by the reduction factor (Line F), and multiply that product by the Special Education ADA on Line A-2 of the 1979-80 Schedule D.
(8) Line A-3d: Report any 1978-79 federal funds received for any special education pupils in foster homes and institutions.
(9) Line A-3e: Add the amounts in Lines A-3a through A-3d. (10) Line A-4: Deduct the amount in Line A-3e from the expenditures in Line A-1c.
(c) Part B is used to report special educational programs authorized pursuant to Section 42904 of the Education Code as it read in 1977-78 or 1978-79.
(1) Line B-1: Report the 1978-79 total expenditures in program.
(2) Line B-2: Report the 1978-79 actual recalculated second principal ADA in the special educational program.
(3) Line B-3a: Report the revenue limit income for special educational pupils. From the 1978-79 Form K-12-A, add the base revenue limit (Line C-4) to the voted increase (Line C-6) and divide the sum by the ADA (Line C-1). Multiply the resultant quotient by the reduction factor (Line F), and multiply that product by the special educational ADA on Line B-2 of the 1979-80 Schedule D.
(4) Line B-3b: Report any 1978-79 federal funds received for any special educational pupils.
(5) Line B-3c: Report 1978-79 state categorical funds received for any special educational pupils.
(6) Line B-3d: Sum the amounts in Lines B-3a through B-3c.
(7) Line B-4: Deduct the amount in Line B-3d from the expenditure in Line B-1.
(8) Line C: Sum the amounts on Lines A-4 and B-4 and show on this line and on the 1979-80 form K-12(P2), Line C-7a.
Chapter 1035, Statutes of 1979 (SB 186) provides $12,000,000 for the purposes set forth on Schedule D. If the statewide total exceeds this amount, a deficit across the board will be applied.
NOTE
Authority cited: Section 42246, Education Code. Reference: Sections 42237-42245, Education Code.
§15390. Calculation of Increase in Revenue Limit for Necessary Small Continuation High Schools for Fiscal Year 1979-80 and a Newly Organized Unified School District Which Became Effective for All Purposes on or After June 30, 1978, Using Schedule E.
Note
The increase in revenue limit authorized by Section 42243.7 of the Education Code for necessary small continuation high schools that were approved for the 1979-80 fiscal year prior to November 30, 1979, and a newly organized unified school district which became effective for all purposes on or after July 1, 1978, shall be calculated by using Schedule E. Schedule E shall be completed as follows:
(a) Line A: Report the name, the 1979-80 second principal average daily attendance, and the number of certificated employees for each continuation high school that had not been approved prior to the 1979-80 fiscal year and which was approved for the 1979-80 fiscal year before November 30, 1979, or for a necessary small high school in a newly organized unified school district which became effective on or after July 1, 1978. Use one line for each school. Attach a copy of the necessary continuation high school approval if continuation high schools are listed. Do not report any high schools that have over 300 units of second principal average daily attendance in 1979-80.
(b) Lines B-1 and B-2: Report the computed foundation programs for each school listed in Line A-1 and A-2. The computed foundation program for each school shall be the lesser of the foundation program amount corresponding to the number of certificated employees or the number of units of average daily attendance shown in the following schedule: Necessary Small High Schools 1977-78
Necessary Small High Schools 1977-78
Certificated Foundation
Employees ADA Program
1 1-20 $22,240
2 1-20 44,480
3 1-20 112,020
4 21-40 134,260
5 41-60 156,500
6 61-75 178,740
7 76-90 200,980
8 91-105 223,220
9 106-120 245,460
10 121-135 267,700
11 136-150 289,940
12 151-180 312,180
13 181-220 334,420
14 221-260 356,660
15 261-300 378,900
(c) Line B-3: Add the foundation programs shown in Lines B-1 through B-2 and report this sum on Line B-3.
(d) Line C: Use Line C to report the total second principal average daily attendance shown in Lines A-1 and A-2.
(e) Line D: Multiply the total average daily attendance shown in Line C by $1,263, and report this product on Line D.
(f) Line E: Subtract the amount in Line D from the amount in Line B-3 and report the result on Line E. This amount is the revenue limit adjustment for necessary small high schools in 1979-80 and shall also be reported on Form K-12 (1979-80), Line C-7b.
NOTE
Authority cited: Section 42246, Education Code. Reference: Sections 42237-42245, Education Code.
§15391. Calculation of Increase in Revenue Limit for Meals for Needy Pupils and Development Centers for Handicapped Pupils Using Schedule G.
Note
The increase in revenue limit for Meals for Needy Pupils and Development Centers for Handicapped Pupils programs authorized by Section 42237 of the Education Code shall be calculated using Schedule G (1979-80). Schedule G shall be completed as follows:
(a) Line A-1: Report the 1978-79 amount for the Meals for Needy Pupils Program on Line J-3 of Schedule B (1979-80).
(b) Line A-2: Report the 1978-79 pupil participation in the Meals for Needy Pupils program, equal to the sum of the amounts shown in Lines 13 and 14 for columns A, B, and C on Forms BCNS 71-5 for each school month in 1978-79. If the district uses Form BCNS-73-6, data on this form shall be used in lieu of data on Form BCNS-71-5.
(c) Line A-3: Compute the 1978-79 amount per pupil, equal to the amount in Line A-1 divided by the amount in Line A-2. Report this result rounded to four decimal places on Line A-3.
(d) Line A-4: Compute the 1979-80 amount per pupil, equal to the amount in Line A-3 times 1.07, and report this amount rounded to four decimal places on Line A-4.
(e) Line A-5: Report the 1979-80 pupil participation in the Meals for Needy Pupils program, equal to the sum of the amounts shown in Lines 13 and 14 for columns A, B, and C on Forms BCNS 71-5 for each school month in 1979-80. If the district uses form BCNS-73-6, data on this form shall be used in lieu of data on Form BCNS-71-5.
(f) Line A-6: Compute the revenue limit adjustment for Meals for Needy Pupils Program, equal to the amount in Line A-4 times the amount in Line A-5. Report this result, rounded to the nearest dollar, on Line A-6.
(g) Line B-1: Report the 1978-79 amount for the Development Centers for Handicapped Pupils program shown on Line J-2 of Schedule B (1978-79).
(h) Line B-2: Report the 1978-79 pupil participation in clock hours in Development Centers for Handicapped Pupils program, as shown on Form J-65, Line V-C, for 1978-79.
(i) Line B-3: Compute the 1978-79 amount per clock hour, equal to the amount in Line B-1 divided by the amount in Line B-2. Report this amount rounded to four decimal places on Line B-3.
(j) Line B-4: Compute the 1979-80 amount per clock hour, equal to the amount in Line B-3 times 1.07, and report this amount rounded to four decimal places on Line B-4.
(k) Line B-5: Report the 1979-80 clock hours for Development Centers for Handicapped Pupils program, as shown on Line V-C of Form J-65 for 1979-80.
(l) Line B-6: Compute the revenue limit adjustment for Development Centers for Handicapped Pupils program, equal to the amount in Line B-4 times the amount in Line B-5. Report this result, rounded to the nearest dollar, on Line B-6.
(m) Line C: Report the total amount to be added to the revenue limit for the Meals for Needy Pupils and Development Centers for Handicapped Pupils programs, equal to the sum of the amounts in Lines A-6 and B-6. Also report this amount on Line C-8 of Form K-12 (1979-80).
NOTE
Authority cited: Section 42246, Education Code. Reference: Sections 42237-42245, Education Code.
§15392. Calculation of Adult Revenue Limit Using Schedule S.
Note
The 1979-80 adult revenue limit shall be calculated pursuant to Section 42237 of the Education Code using Schedule S (1979-80). Schedule S shall be completed as follows:
(a) Line A: Report the 1978-79 recomputed adult base revenue limit per unit of average daily attendance as shown on Line I of Schedule BB (1979-80).
(b) Line B: Report the 1979-80 average daily attendance in programs for adults mandated by paragraph (5) of subdivision (b) of Section 97 of Chapter 282 of the Statutes of 1979 (AB 8) and by Section 41976 of the Education Code. This shall be known as the 1979-80 mandated adult average daily attendance.
(c) Line C: Compute the 1979-80 revenue limit for adults in mandated programs as follows:
(1) Line C-1: If the amount in Line A is less than the 1978-79 statewide average adult revenue limit computed in Section 15380, multiply the amount in Line A times 1.07 times the ADA in Line B, and report this result rounded to a whole dollar in Line C-1.
(2) Line C-2: If the amount in Line A is greater than or equal to the 1978-79 statewide average adult revenue limit computed in Section 15380, but less than or equal to 1.07 times the 1978-79 statewide average, then compute an amount equal to 1.07 times that statewide average times the ADA in Line B, and report this result to the nearest dollar in Line C-2.
(3) Line C-3a and b:
(A) Line C-3a: If the amount in Line A is greater than the 1978-79 statewide average adult revenue limit computed in Section 15380 times 1.07, compute the 1979-80 revenue limit as follows. Multiply the amount in Line A by either the 1978-79 adult average daily attendance in mandated programs shown in Line K-4 of Schedule B (1979-80) or the 1979-80 average daily attendance in mandated adult programs shown in Line B, whichever is less, and report the result to the nearest dollar in Line C-3a.
(B) Line 3C-b: If the 1978-79 adult average daily attendance in mandated programs shown in Line K-4 of Schedule B (1979-80) is less than the 1979-80 average daily attendance in mandated adult programs shown in Line B, then also compute an amount equal to:
1. The 1978-79 statewide average amount computed in Section 15380 times
2. The factor 1.07 times
3. The 1979-80 average daily attendance in mandated adult programs, minus the 1978-79 average daily attendance in mandated adult programs, and report this result, rounded to a whole dollar, on Line C-3b.
(d) Line D: Report any adjustments to the adult revenue limit. Note that prior-year adjustments pursuant to Education Code Section 42245 shall not be a revenue limit adjustment in the 1979-80 fiscal year for the prior fiscal year, and therefore Line D-1 is not to be used. Any corrections to he 1978-79 adult revenue limit shall be made through the recalculation of the 1978-79 adult revenue limit due February 1980.
(1) Line D-2: Report any gain or loss from interdistrict attendance agreements pursuant to subdivision (d) of Section 46605 of the Education Code. This adjustment is computed in the same manner as that for the K-12 program described in Section 15386(k), but relates only to mandated adult average daily attendance.
(2) Line D-3: Report an increase in the revenue limit to reflect mandated costs imposed by final court orders, federal statutes, or initiative enactments after January 1, 1978, pursuant to Section 42243.6 of the Education Code. If this revenue limit adjustment is used, a letter of explanation shall be sent to the Local Assistance Bureau.
(3) Line D-4: Report the total adjustments to the 1979-80 adult revenue limit, equal to the amount in Line D-2 plus the amount in Line D-3.
(e) Line E: Compute the 1979-80 adult revenue limit, which is equal to either the amount in Line D-4 plus the amount in Line C-1, or the amount in Line C-2, or the sum of the amounts in Lines C-3a and C-3b, depending on the districts' prior-year adult revenue limit. Report this result on Line E and also on Line C-9 of Form K-12 (1979-80).
NOTE
Authority cited: Section 42246, Education Code. Reference: Sections 42237-42245, Education Code.
Subchapter 7. Revenue Limits for County Superintendents of Schools
Article 1. General Provisions
Note • History
The provisions of this chapter apply to the computation of revenue limits for county superintendents of schools pursuant to Article 3 of Chapter 12 of Part 2 of the Education Code (computation of revenue limits, Sections 2550-2558).
NOTE
Authority and reference cited: Sections 2550-2558, Education Code.
HISTORY
1. New Chapter 7 (Sections 15400-15408) filed 3-14-80; effective thirtieth day thereafter (Register 80, No. 11).
Note
(a) “Revenue Limits.” The revenue limit for county superintendents is a computed amount that places a limit on the amount of revenue that the county superintendent can receive from property taxes, other local sources of income, and from the state for the support of special education programs, special schools and classes, vocational/technical schools and classes, and other specified county school service fund operations (reference Sections 2550-2555, Education Code). The county superintendent may also receive categorical funds, certain property taxes levied for specific indebtedness repayment purposes, and some limited fees in addition to the revenue limit. The revenue limit is computed each year from the prior year's base revenue limit, adjusted for inflation and/or various other factors.
(b) “Categorical Funds.” Revenue designated for direct service and other purpose apportionments, contracted income and fees, and funds designated exclusively for the support of a specific program (or programs) which cannot be used to supplant the revenue limit of that program.
(c) “Average Daily Attendance” (hereinafter referred to as ADA). Unless otherwise indicated below, attendance is measured as the count of daily attendance averaged over the school year consisting of at least 175 school days meeting for the minimum length school day as specified in the Education Code. For Regional Occupational Centers/Programs pursuant to Section 41601 (Education Code), the average daily attendance in all full school months in the first period of attendance by a divisor of 70, in the second period by 135, and at annual time by 175. For ROC/Ps, three hours of attendance are equal to one apportionment day of attendance.
(d) “Attendance Periods.” There are three attendance periods for each fiscal year. The First Principal attendance period, designated “P1,” is the attendance count from July 1 through the last school month that ends on or before December 31 of the fiscal year, and is used to compute the First Principal Apportionment due February 20 of the fiscal year. The Second Principal attendance period, designated “P2,” is the attendance count from July 1 through the last school month that ends on or before April 15 of the fiscal year, and is used to compute the Second Principal Apportionment due June 25 of the fiscal year. The annual attendance period, designated “A,” is the attendance count from July 1 through June 30 of the fiscal year, and is used to compute the Annual Recalculation of the Apportionment due February 20 of the following fiscal year.
(e) “Excess Costs.” Excess costs are any and all costs for a particular program that are in excess of the revenue limit and/or the state and federal allowances for that program.
(f) “Allowed Average Expenditures.” The average expenditure per class or ADA, excluding capital outlay, as determined for a designated base fiscal year and increased each year thereafter by an inflation adjustment. Allowed average expenditures are used to establish certain base revenue limits.
NOTE
Authority and reference cited: Sections 2550-2558, Education Code.
Article 2. Computation of Revenue Limits for 1979-80
§15405. Use of Official Schedules.
Note • History
The (LAB) Local Assistance Bureau of the California Department of Education (CDE) shall provide an official form and schedule to use in making the computations required by this article. This form and schedule shall be known as FORM O, FORM FOR THE COMPUTATION OF 1979-80 REVENUE LIMIT FOR THE COUNTY SCHOOL SERVICE FUND; and SCHEDULE W, SCHEDULE FOR THE COMPUTATION OF 1979-80 REVENUE LIMITS FOR PHYSICALLY HANDICAPPED AND MENTALLY RETARDED PROGRAMS. This form and schedule shall be used in making these computations and in reporting to the CDE, LAB.
The LAB shall issue three sets of official forms and schedules for use in computing 1979-80 revenue limits. These forms and schedules shall have the designations “P-1,” “P-2,” and “A” and shall be used to collect the data for use in making the First Principal Apportionment, Second Principal Apportionment, and Annual Recalculation of the Apportionment, respectively. The LAB shall modify the forms and schedules as frequently as may be required, consistent with any legislation enacted subsequent to the approval of these regulations.
NOTE
Authority and reference cited: Sections 2550-2558, Education Code.
HISTORY
1. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§15406. Use of Estimated or Actual Data.
Note
The 1979-80 data used in computing the revenue limit using the “P-1” form and schedule for the First Principal Apportionment shall be the best available estimates of annual data. The 1979-80 data used in computing the revenue limit using the “P-2” form and schedule for the Second Principal Apportionment shall be the best available estimates of annual data. The 1979-80 data used in computing the revenue limit using the “A” form and schedule for the Annual Recalculation of the Apportionment shall be actual 1979-80 data, including actual annual counts of attendance and participation. Any data required from fiscal year 1978-79 or 1977-78 shall be actual second period data.
NOTE
Authority and reference cited: Sections 2550-2558, Education Code.
§15407. Computation of 1979-80 Revenue Limits for Physically Handicapped and Mentally Retarded Programs Using Schedule W and Back-Up Schedules WW and T.
Note • History
For each county superintendent of schools, the Superintendent of Public Instruction shall calculate the 1979-80 revenue limits for physically handicapped and mentally retarded programs using Schedule W. This schedule shall be completed as follows:
(a) Use Schedule W to report data and make separate computations for the following programs (reference Sections 2500b), (c), (d), and 2550(a)(1), Education Code).
(1) Physically Handicapped--Special Day Classes:
(A) Hearing handicapped
(B) Vision handicapped
(C) Orthopedically handicapped--other health impaired
(D) Aphasic
(E) Pregnant minors
(F) Deaf-Blind and other multihandicapped
(G) Other handicapped
(H) Autistic
(2) Physically Handicapped--Other Classes:
(A) Remedial physical education
(B) Other remedial instruction--speech
(C) Individual instruction
(D) Special speech instruction--speech aides
(E) For the special blind allowance
(3) Mentally Retarded Programs for the Educable Mentally Retarded
(4) Mentally Retarded Programs for the Trainable Mentally Retarded
(b) Column 1: Report on the appropriate program line the 1978-79 allowed average expenditures per class or ADA. This is determined by multiplying the 1977-78 allowed average expenditures per class or ADA times 1.1327 and rounding the result to two decimal places (Reference 1978-79 Worksheet W and Form J-73-W(A)).
(1) Counties which have computed pupil transportation separately from special day class allowed average expenditures in prior years shall complete Schedule WW (P-2). All other counties shall include transportation expenditures in their respective Physically Handicapped and Mentally Retarded programs and shall not complete Schedule WW (P-2).
(2) Those counties completing Schedule WW (P-2) shall prorate to the respective special day classes in column (a) their 1978-79 total transportation expenses which had been reported as a separate program item on their 1978-79 Schedule J-73 W(A). The county shall report their 1978-79 actual special education transportation allowances in column (b). Column (c) is computed as follows: Determine the allowed adjusted transportation expenditure per special day class programs by subtracting the amount in column (b) from the amount in column (a) and multiply the difference by the adjustment factor (.90). The column (c1) is the sum of column (b) (Special Allowances) and column (c). The county shall report their actual number of 1978-79 ADA transported per respective special class program in column (d). The actual allowed transportation expenditure shall be determined by dividing the amount in column (c1) by the ADA reported in column (d). This quotient is reported in column (e). The county shall report their 179-80 annual ADA being transported in each respective special class program in column (f) and multiply this ADA by the allowed average transportation expenditure shown in column (e). This product is reported in column (g) Schedule WW (P-2) and column (7) of Schedule W (P-2).
(3) In determining allowed average expenditures per class or ADA for programs involving more than one class size and/or level, it is necessary to develop a weighted average expenditure per class or ADA for such programs.
(4) Those counties that maintained programs but did not tax in prior years shall use the 1977-78 current expenditures per class or ADA for such programs increased by 1.1327.
(5) If a district transfers its physically handicapped or mentally retarded program(s) to the county superintendent of schools pursuant to Section 1710 of the Education Code, the revenue limit of the district shall be reduced by the amount of excess cost which the district expended from its revenue limit for the program(s) in the prior fiscal year. This excess cost shall not include expenditures of income from federal sources of tuition (reference Section 42244.7, Education Code).
If a special education program is transferred from a district to the county superintendent, it is necessary to develop a weighted average expenditure per class or ADA for both the county and the district-operated program.
(6) If the county superintendent started a new program in 1978-79 not previously maintained by the county superintendent or a district within the county, the allowed average expenditures shall be determined by using either the 1977-78 current expenditures of the most similar program already in operation multiplied by 1.1327 or the 1977-78 statewide average expenditure for the program (obtained from the Local Assistance Bureau) multiplied by 1.1327.
(c) Column 2: Report the 1978-79 actual average special allowances, and any federal aid, per class or ADA determined by dividing the sum of the actual 1978-79 annual recalculated special allowances and any actual 1978-79 federal aid for each program by the actual number of classes or ADA for each program as reported in the 1978-79 annual attendance count (Form J-22-A). Report this result carried to two decimal places.
(1) In determining average special allowances per class or ADA for programs involving more than one class size and/or level, it is necessary to develop a weighted average allowance per class or ADA for such programs.
(2) Include federal aid only if the allowed average expenditure base included any such federal aid.
(d) Column 3: Report the 1978-79 deficit adjustment determined by subtracting column 2 from column 1, and multiplying the difference by .90. Report this result carried to two decimal places.
(e) Column 4: Determine the 1978-79 revenue limit per class or ADA by adding column 2 to column 3. Report this result carried to two decimal places.
(f) Column 5: Report the number of classes or ADA as determined for the 1979-80 annual attendance period. (Report to two decimal places if fractional classes are involved.)
(1) If a class is operated for only part of the year, arrive at a fraction of a whole class by dividing the number of days taught for that class by 175 days. Carry the result to two decimal places.
(2) If a class is operated for extended sessions, arrive at an additional fraction of a whole class by dividing the total number of days taught in extended session for that class by 175 days. Carry the result to two decimal places.
(g) Column 6: Determine the 1979-80 base revenue limit per class or ADA by multiplying the 1978-79 allowed average adjusted expenditure reported in column 3 by the 1979-80 annual Class/ADA reported in column 4. Report this result rounded to two decimal places. If the county superintendent starts a new program in 1979-80 not previously maintained by the county superintendent or a district within the county, the revenue limit shall be computed by using either the 1978-79 current expenditures of the most similar program already in operation multiplied by 1.086, or the 1978-79 statewide average expenditure for the program (obtained from the Local Assistance Bureau) multiplied by 1.086.
(h) Column 7: Those counties completing Schedule WW shall report, on column 7 of Schedule W, their total transportation expenditure as reported on column g of Schedule WW.
(i) Column 8: Determine the total 1979-80 revenue limits for physically handicapped and mentally retarded programs by adding column 5 and column 6. Report this result rounded to the nearest dollar. Only the “TOTALS” lines, A & B, in column 7 shall be used to report the total 1979-80 revenue limits for physically handicapped and mentally retarded programs on Form O, lines A-1a and A-1b.
NOTE
Authority and reference cited: Sections 2550-2558, Education Code.
HISTORY
1. Amendment History filed 3-28-80 as an emergency; effective upon filing. Certificate of Compliance included (Register 80, No. 13).
§15408. Computation of 1979-80 Revenue Limit for County School Service Fund Using Form O.
Note
The Superintendent of Public Instruction shall compute the 1979-80 revenue limit for the county school service fund using Form O. This form shall be completed as follows:
(a) Subdivision A: Determination of the revenue limits for special education programs:
(1) Line A-1: Report the revenue limits for physically handicapped and mentally retarded programs computed in 1979-80 Schedule W as follows:
(A) Line A-1a: Report the revenue limit for physically handicapped programs as shown in 1979-80 Schedule W, column 7, line A, TOTAL PHYSICALLY HANDICAPPED.
(B) Line A-1b: Report the revenue limit for mentally retarded programs as shown in 1979-80 Schedule W, column 7, line B, TOTAL MENTALLY RETARDED.
(C) Line A-1c: Compute the sum of the amounts in lines A-1a and A-1b, and report this result on Line A-1.
(2) Line A-2: Report the revenue limit pursuant to the tuition charges for excess costs in mandated programs (reference Sections 2505 and 2550(a)(2), Education Code). For the county superintendent, whose responsibility it is to educate physically handicapped and mentally retarded students, and who is contracting with another county superintendent of schools or school district for educating its children, and whose ADA is reported by the other county superintendent of schools or school district which provides the education, the county of responsibility shall incorporate the cost of transporting those physically handicapped and mentally retarded students with any excess cost of tuition by completing Schedule T. The county of responsibility shall compute its expenses for transporting those physically handicapped and mentally retarded students attending the other county or district schools on a per ADA basis and add this to the tuition charges for excess cost in mandated programs and report the total for the 1977-78 fiscal year on Line A-2 if applicable. This revenue limit shall be computed as follows:
(A) Line A-2a: Report the total tuition actually paid for the 1977-78 fiscal year for this program.
(B) Line A-2b: Report the actual 1977-78 Second Principal (P-2) ADA in this program.
(C) Line A-2c: Divide the amount in Line A-2a by the attendance in Line A-2b and report this result carried to two decimal places.
(D) Line A-2d: Determine the 1979-80 base revenue limit per ADA by multiplying the amount in Line A-2c by 1.086. Report this result rounded to two decimal places.
(E) Line A-2e: Use the underlined space in Line A-2e to report the 1979-80 annual ADA in this program. Multiply this attendance by the amount in Line A-2d and report this result, rounded to the nearest dollar, on Line A-2.
(3) Line A-3: Report the revenue limit for educationally handicapped pupils in institutions (reference Sections 56604, 42902, and 2550(a)(3), Education Code). This revenue limit shall be computed as follows:
(A) Line A-3a: Report the actual 1977-78 total current expenditures for this program.
(B) Line A-3b: Report the actual 1977-78 Second Principal (P-2) ADA in this program.
(C) Line A-3c: Divide the amount in Line A-3a by the attendance in Line A-3b and report this result carried to two decimal places.
(D) Line A-3d: Determine the 1979-80 revenue limit per ADA by multiplying the amount in Line A-3c by 1.086. Report this result rounded to two decimal places.
(E) Line A-3e: Use the underlined space in Line A-3e to report the 1979-80 annual ADA in this program. Multiply this attendance by the amount in Line A-3d and report this result, rounded to the nearest dollar, on Line A-3.
(4) Line A-4: Report the revenue limit for those institutionalized/foster home students excess costs qualifying pursuant to Section 42904 of the Education Code.
(5) Line A-5: Report the revenue limit for development centers for handicapped pupils (reference Sections 56811 and 2550(a)(4), Education Code). This revenue limit shall be computed as follows:
(A) Line A-5a: Report the actual 1977-78 total expenditures, including transportation expenditures, in this program (reference 1977-78 Form J-73-D, “Cost of Operation for Development Centers”).
(B) Line A-5b: Report the actual 1977-78 annual instructional hours in this program (Form J-73-D or J-65).
(C) Line A-5c: Divide the amount in Line A-5a by the amount in Line A-5b and report this result carried to two decimal places.
(D) Line A-5d: Determine the 1979-80 base revenue limit per instructional hour by multiplying the amount in Line A-5c by 1.086. Report this result rounded to two decimal places.
(E) Line A-5e: Use the underlined space in Line A-5e to report the 1979-80 annual instructional hours. Multiply this number of hours by the amount in Line A-5d and report this result rounded to the nearest dollar on Line A-5.
(6) Line A-6: Report the revenue for the planning stage of the coordination of the Master Plan for Special Education (reference Sections 56314 and 2550(a)(5), Education Code). The following classification of counties, as defined by Section 1205 of the Education Code, shall be used in making this computation.
--Class 1 includes all counties with over 750,000 units of average daily attendance.
--Class 2 includes all counties with an average daily attendance of between 140,000 and 749,999 inclusive.
--Class 3 includes all counties with an average daily attendance of between 60,000 and 139,999 inclusive. --Class 4 includes all counties with an average daily attendance of between 30,000 and 59,999 inclusive.
--Classes 5-8 include all counties with an average daily attendance of less than 30,000. The revenue amount, based on attendance counts taken on December 1, 1979, shall be computed as follows:
(A) Class 1 counties: Use the underlined space in Line A-6a to report the 1979-80 count of special education students in the county. Multiply this student count by $5 and report this result on Line A-6.
(B) Class 2 counties: Use the underlined space in Line A-6b to report the 1979-80 count of special education students in the county. Multiply this student count by $6 and report this result on Line A-6.
(C) Class 3 counties: Use the underlined space in Line A-6c to report the 1979-80 count of special education students in the county. Multiply this student count by $7 and report this result on Line A-6.
(D) Class 4 counties: Use the underlined space in Line A-6d to report the 1979-80 count of special education students in the county. Multiply this student count by $8 and report this result on Line A-6.
(E) Counties of Classes 5-8: Use the underlined space in Line A-6e to report the 1979-80 count of special education students in the county. Multiply this student count by $10 and report this result on Line A-6.
(7) Line A-7: Compute the sum of the amounts in Lines A-1 through A-6, and multiply the result by .994. Report this result, rounded to the nearest dollar, on Line A.
(b) Subdivision B: Determination of revenue limits for special schools and classes:
(1) Line B-1: Report the revenue limit for the juvenile hall program (reference Sections 2500(e) and 2550(b)(1) and (2), Education Code). This revenue limit shall be computed as follows:
(A) Line B-1a: Report the 1978-79 allowed average expenditures per ADA in this program (determined by multiplying the 1977-78 allowed average expenditures per ADA by 1.1327 and rounding the result to two decimal places). Reference 1978-79 Worksheet W and Form J-73-W(A).
1. In determining allowed average expenditures per ADA for programs involving more than one level, it is necessary to develop a weighted average expenditure per ADA.
2. Those counties that maintained programs but did not tax in prior years shall use the 1977-78 current expenditures for such programs increased by 1.1327.
3. If a district transfers its juvenile hall program to the county superintendent of schools pursuant to Section 1710 of the Education Code, the revenue limit of the district shall be reduced by the amount of excess cost which the district expended from its revenue limit for the program in the prior fiscal year. This excess cost shall not include expenditures of income from federal sources of tuition (reference Section 42244.7, Education Code).
If a juvenile hall program is transferred from a district to the county superintendent, it is necessary to develop a weighted average expenditure per ADA for both the county and the district-operated program.
(B) Line B-1b: Report any 1978-79 federal aid per ADA. Include federal aid only if the allowed average expenditures base included any such federal aid.
(C) Line B-1c: Report the 1978-79 deficit adjustment determined by subtracting Line B-1b from B-1a and multiplying the difference by .90. Report this result carried to two decimal places.
(D) Line B-1d: Determine the 1978-79 revenue limit per ADA by adding Line B-1b to Line B-1c. Report this result carried to two decimal places.
(E) Line B-1e: Determine the 1979-80 base revenue limit per ADA by multiplying the 1978-79 revenue limit reported on Line B-1d by 1.086. Report this result rounded to two decimal places.
(F) Line B-1f: Use the underlined space in Line B-1f to report the 1979-80 annual ADA in this program, including ADA in county community school juvenile hall programs pursuant to Section 1981(c) of the Education Code. Multiply this attendance by the amount in Line B-1e and report this result, rounded to the nearest dollar, on Line B-1.
(G) Funding for type A and B students in County Community Schools E.C. 1981 (a) and (b) will be provided to county superintendent of schools by participating districts. The contribution will be derived by multiplying the district's base revenue limit per unit of ADA (1979-80 Form K, item B-6) times the district's ADA in the county community school. The district's contribution will not be reported on Form O.
(2) Line B-2: Report the 1979-80 allowances for opportunity schools programs (reference Sections 48633, 14057, and 2550(b)(2), Education Code. These allowances shall be computed as follows:
(A) Line B-2a: Use the underlined space in B-2a to report the number of classes or ADA. Report either the classroom computation which is the product of $33,750 times the number of 1979-80 elementary classes in this program, or the ADA computation which is the product of $1,360 times the number of 1979-80 elementary annual ADA in this program. The classroom computation shall be used when the ADA for this program is 100 units or less.
(B) Line B-2b: Use the underlined space in B-2b to report the respective ADA. Report the product of $1,546 times the 1979-80 high school annual ADA in this program.
(C) Line B-2c: Compute the sum of the amounts in lines B-2a and B-2b and report this result on Line B-2.
(3) Line B-3: Compute the sum of the amounts in lines B-1 and B-2, and multiply the result by .994. Report this result, rounded to the nearest dollar, on Line B.
(c) Subdivision C: Determination of the amount to be allocated for vocational/technical schools and classes:
(1) Line C-1: Report the 1979-80 revenue limit for regional occupational centers and programs (reference Sections 52317 and 2550(c)(1), Education Code). This revenue limit shall be computed as follows:
(A) Line C-1a: Report the actual 1978-79 base revenue limit per ADA for this program, carried to two decimal places, as shown on 1978-79 Schedule Y(a), Line C.
(B) Line C-1b: Report the 1978-79 deficit adjustment determined by multiplying the amount in Line C-1a by .90. Report this result carried to two decimal places.
(C) Line C-1c: Determine the 1979-80 revenue limit per ADA by multiplying the amount in Line C-1b by 1.086. Report this result rounded to two decimal places.
(D) Line C-1d: Use the underlined space in line C-1d to report the 1979-80 annual ADA for concurrently enrolled high school students and for adults enrolled in short-term vocational programs. Multiply this attendance by the amount in Line C-1c and report this result, rounded to the nearest dollar, on Line C-1.
(2) Line C-2: Report the 1979-80 revenue limit for technical, agricultural, and natural resource conservation schools (reference Sections 1806
and 2550(c)(2), Education Code). This revenue limit shall be computed as follows:
(A) Line C-2a: Report the total 1977-78 tax revenues per ADA for this program (determined by dividing the amount shown on 1978-79 Form O(A), Line A-6e, by the 1977-78 actual second principal (P-2) ADA in this program and carrying the result to two decimal places).
(B) Line C-2b: Multiply the amount in Line C-2a by 1.068 and report this result rounded to two decimal places.
(C) Line C-2c: Compute the sum of the amounts in line C-2b and the actual 1978-79 foundation program amount per second principal (P-2) ADA (determined by dividing the foundation program amount shown on 1978-79 Form O(A), Line A-4f, by the 1978-79 actual second principal (P-2) ADA in this program). Report this result carried to two decimal places.
(D) Line C-2d: Report the 1978-79 deficit adjustment determined by multiplying the amount in Line C-2c by .90. Report this result carried to two decimal places.
(E) Line C-2e: Determine the 1979-80 revenue limit per ADA by multiplying the amount in Line C-2d by 1.086. Report this result rounded to two decimal places.
(F) Line C-2f: Use the underlined space in line C-2f to report the 1979-80 annual ADA in this program. Multiply this attendance by the amount in Line C-2e and report this result, rounded to the nearest dollar, on Line C-2.
(3) Line C-3: Report the 1979-80 revenue limit for the outdoor science and conservation program (reference Sections 2520 and 2550(c)(2), Education Code). This revenue limit shall be computed as follows:
(A) Line C-3a: Report the total 1977-1978 tax revenues for this program as shown on 1978-79 Form O(A), Line A-6j.
(B) Line C-3b: Multiply the amount in Line C-3a by 1.068 and report this result rounded to the nearest dollar.
(C) Line C-3c: Report the 1978-79 deficit adjustment determined by multiplying the amount in Line C-3b by .90. Report this result carried to the nearest dollar.
(D) Line C-3d: Determine the 1979-80 revenue limit by multiplying the amount in Line C-3c by 1.086. Report this result, rounded to the nearest dollar, on Line C-3.
(4) Line C-4: Compute the sum of the amounts in lines C-1 through C-3, and multiply the result by .994. Report this result, rounded to the nearest dollar, on Line C.
(d) Subdivision D: Determination of the allowances for other county superintendent special schools and classes:
(1) Line D-1: Compute the revenue limit for the county jails program (reference Section 1900, Education Code). This revenue limit shall be equal to the product of (A) (($1,029 times .8) minus (.01 times the 1979-80 assessed value per ADA for the county)) times (B) the 1979-80 annual ADA in this program. Report this result rounded to the nearest dollar.
(2) Line D-2: Report the 1979-80 amount authorized for handicapped adult programs (reference Section 52570, Education Code). This amount shall be reported only for counties that participated in this program in 1978-79, and shall be based on the 1979-80 ADA actually served under this program by these counties. However, in no case shall the total of the amounts authorized for this program exceed $50,000.
(3) Line D-3: Report the 1979-80 foundation program amounts for the educationally handicapped programs (reference Sections 14057, 14058, and 56600, Education Code). The foundation amounts reflect an increase equal to that amount which would have been calculated if AB 65 had been continued.This foundation program shall be computed as follows:
(A) Line D-3a: Use the underlined space in Line D-3a to report the number of elementary classes in this program in 1979-80. Compute the product of this number times $33,750 and report this result, carried to the nearest dollar, on Line D-3a. Use this elementary small school foundation only when half or more of the students are from districts that have less than 901 elementary units of ADA.
(B) Line D-3b: If the elementary small school foundation computation in Line D-3a is not used, use Line D-3b to report the 1979-80 elementary foundation amounts for this program as follows:
1. Use the underlined space in Line D-3b(1) to report the 1979-80 elementary annual ADA for pupils from districts that have less than 901 elementary units of ADA. Multiply this attendance by $1,350 and report this result, rounded to the nearest dollar, on Line D-3b(1).
2. Use the underlined space in Line D-3b(2) to report the 1979-80 elementary annual ADA for pupils from districts that have over 900 elementary units of ADA. Multiply this attendance by $1,360 and report this result, rounded to the nearest dollar, on Line D-3b(2).
(C) Line D-3c: Use Line D-3c to report the 1979-80 high school foundation amounts for this program as follows:
1. Use the underlined space in Line D-3c(1) to report the 1979-80 high school annual ADA for pupils from districts that have less than 301 high school units of ADA. Multiply this attendance by $1,536 and report this result, rounded to the nearest dollar, on Line D-3c(1).
2. Use the underlined space in Line D-3c(2) to report the 1979-80 high school annual ADA for pupils from districts that have over 300 high school units of ADA. Multiply this attendance by $1,546 and report this result, rounded to the nearest dollar, on Line D-3c(2). (D) Line D-3d: Compute the sum of the amounts in lines D-3a, D-3b, and D-3c, and report this result on Line D-3.
(4) Line D-4: Compute the sum of the amounts in lines D-1 through D-3, and multiply the result by .994. Report this result, rounded to the nearest dollar, on Line D.
(e) Subdivision E: Determination of the revenue limit for other county school service fund operations:
(1) Line E-1: Report the 1979-80 revenue limit for county superintendent office operations (reference Sections 1510 or 2506, and 2551, Education Code). This revenue limit shall be computed as follows:
(A) Line E-1a: Report the total 1977-78 secured, unsecured, and prior-year taxes received pursuant to Section 2506 of the Education Code as shown on 1978-79 Form O(A), Line A-6i.
(B) Line E-1b: Report the total 1977-78 secured, unsecured, and prior-year taxes received from the county board of supervisors pursuant to Section 1510 of the Education Code as shown on 1978-79 Form O(A), Line A-61.
(C) Line E-1c: Multiply the amount in either Line E-1a or E-1b, as appropriate, by 1.068 and report this result, rounded to the nearest dollar, on Line E-1c.
(D) Line E-1d: Report the 1978-79 deficit adjustment determined by multiplying the amount in Line E-1c by .90. Report this result carried to the nearest dollar.
(E) Line E-1e: Report the difference between the amount paid to the State Teachers' Retirement System in 1978-79 and that paid in 1976-77, pursuant to Section 2507.7 of the Education Code.
(F) Line E-1f: Compute the sum of lines E-1d and E-1e and report the result.
(G) Line E-1g: Determine the 1979-80 base revenue limit by multiplying the amount in line E-1f by 1.086. Report this result rounded to the nearest dollar.
(H) Line E-1h: Report the difference between the amount of unemployment insurance paid in 1979-80 and that paid in 1975-76 pursuant to Section 2507.5 of the Education Code.
(I) Line E-1i: Report the mandated costs paid pursuant to Section 2510 of the Education Code.
(J) Line E-1j: Compute the sum of the amounts in lines E-1g, E-1h, and E-1i, and report this result on Line E-1.
(2) Line E-2: Report the 1979-80 revenue limit for capital outlay (reference Sections 2504 and 2552, Education Code). This revenue limit shall be computed as follows:
(A) Line E-2a: Determine the greatest of:
1. The 1976-77 taxes collected for capital outlay;
2. The 1976-77 expenditures for capital outlay;
3. The 1977-78 taxes collected for capital outlay; or
4. The 1977-78 expenditures for capital outlay.
This result is not to exceed $.0005 times the modified assessed valuation for the appropriate year. Use the underlined space in Line E-2a to specify the selection and report the result on Line E-2a.
(B) Line E-2b: Determine the 1978-79 revenue limit by multiplying the amount in Line E-2a by 1.086. Report this result, rounded to the nearest dollar, on Line E-2.
(3) Line E-3: Report the 1979-80 billings for the county school tuition program for out-of-state tuition pursuant to Sections 2006 and 2554 of the Education Code.
(4) Line E-4: Report the 1979-80 payments required pursuant to the State Building Aid Law (reference Sections 2503 and 2555, Education Code).
(5) Line E-5: Compute the sum of the amounts in lines E-1 through E-4, and multiply the result by .994. Report this result, rounded to the nearest dollar, on Line E.
(f) Subdivision F: Determination of the total 1979-80 county school service fund revenue limit. Compute the sum of the amounts in lines A, B, C, D, and E, and report this result in Line F.
(g) Subdivision G: Determination of 1979-80 sources of revenue:
(1) Line G-1: Report the 1979-80 secured tax collections pursuant to Section 26912 of the Government Code, excluding all subventions.
(2) Line G-2: Report the 1979-80 unsecured tax collections pursuant to Section 26912 of the Government Code, excluding all subventions.
(3) Line G-3: Report the 1979-80 homeowners exemption (HOX) and the business inventory exemption (BIX) income from both the secured and unsecured tax rolls.
(4) Line G-4: Report the 1979-80 tax collections for subventions, other than homeowners and business inventory exemptions, pursuant to Section 41052 of the Education Code and Section 992 of the Revenue and Taxation Code.
(5) Line G-5: Report the 1979-80 equalization offset tax income including any prior year balances in this fund (reference Section 2556, Education Code).
(6) Line G-6: Report any amounts that county superintendent of schools was required to maintain as restricted and not available for expenditures in the 1978-79 fiscal year pursuant to Section 2558(b)(5) of the Education Code. This is the negative amount shown on 1978-79 Form O(A), Line D, which is the excess of the 1978-79 State Block Grant over the total 1978-79 revenue limit. This amount shall be reported as a positive amount on Line G-6.
(7) Line G-7: Report the 1979-80 Timber Tax Yield paid by the State Controller pursuant to Section 41760.5 of the Education Code and Section 38906 of the Revenue and Taxation Code.
(8) Line G-8: Report the 1979-80 prior-year tax collections.
(A) Line G-8a: Report the 1979-80 regular prior-year taxes.
(B) Line G-8b: Report the amount of released prior-year tax impounds for 1979-80.
(9) Line G-9: Report the 1979-80 special education district billings pursuant to Section 1705 of the Education Code and for excess costs.
(A) Line G-9a: Report the physically handicapped district billings pursuant to Section 1705 of the Education Code and for excess costs.
(B) Line G-9b: Report the mentally retarded district billings pursuant to Section 1705 of the Education Code and for excess costs.
(C) Line G-9c: Report the Educationally Handicapped district billings pursuant to Section 1705 of the Education Code.
(10) Line G-10: Report the 1979-80 district revenue limit contributions to the county regional occupational center or program. These district contributions shall be equal to the district's revenue limit or the revenue limit of the county ROC/P, whichever is less, multiplied by the district P-2 ADA in this program.
(A) Line G-10a: Report the district contributions for adults enrolled in short-term vocational programs.
(B) Line G-10b: Report the district contributions for concurrently enrolled students.
(11) Line G-11: Report the 1979-80 receipts from the county board of supervisors pursuant to Section 1510 of the Education Code.
(12) Line G-12: Report the 1979-80 state categorical aid specified as special allowances. This includes class or ADA allowances for physically handicapped and mentally retarded programs, attendance allowances for development centers for the handicapped, and transportation allowances for physically handicapped, trainable mentally retarded, and development centers for the handicapped programs.
(13) Line G-13: Report the 1979-80 federal categorical aid.
(14) Line G-14: Report any 1979-80 income from other sources such as the community college tuition fund pursuant to Section 2104 of the Education Code.
(15) Line G-15: Compute the sum of lines G-1 through G-14 and report this result on Line G.
(h) Subdivision H: Determination of the state aid portion of the revenue limit for 1979-80. Subtract Line G from Line F and report the result on Line H. If this result is negative, no state aid shall be apportioned to the county superintendent of schools. This negative amount of funds shall be deemed restricted and not available for expenditures during the current fiscal year. In the next fiscal year, this negative amount shall be considered to be local property tax revenue for the 1980-81 fiscal year, pursuant to Section 2558(d) of the Education Code.
NOTE
Authority and reference cited: Sections 2550-2558, Education Code.
Subchapter 8. Criteria and Standards for School District Budgets and Interim Reports
Article 1. Budget Review
Note • History
(a) School districts shall use the following criteria and standards (beginning with section 15441) and supplemental information (beginning with section 15452) in the development of their annual budgets. The county superintendent of schools will review the school district's budget to determine whether it complies with the criteria and standards.
(b) The budget review includes an analysis of ten criteria, with standards, and additional information about the status of the budget. The ten criteria are average daily attendance (ADA), enrollment, ADA to enrollment, revenue limit, salaries and benefits, other revenues and expenditures, facilities maintenance, deficit spending, fund balance, and reserves. School district budgets are measured against the standards for each of these criteria. In addition to the criteria and standards, the review must identify additional information regarding contingent liabilities, use of one-time revenues for ongoing expenditures, use of ongoing revenues for one-time expenditures, contingent revenues, contributions, long-term commitments, unfunded liabilities, and the status of labor agreements. Deviations from the standards must be explained, and may affect the approval of the budget.
NOTE
Authority cited: Sections 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Amendment of subsection (b) filed 9-19-2001; operative 9-19-2001. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2001, No. 38).
4. Amendment of subchapter heading, article heading and section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
§15441. Average Daily Attendance (ADA).
Note • History
Funded ADA has not been overestimated in the first prior fiscal year or in two or more of the previous three fiscal years by more than the following percentage levels:
3% for districts with 0-300 ADA
2% for districts with 301-1,000 ADA
1% for districts with 1,001 and over ADA
NOTE
Authority cited: Sections 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment of section heading and section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
Note • History
Projected enrollment has not been overestimated in the first prior fiscal year or in two or more of the previous three fiscal years by more than the following percentage levels:
3% for districts with 0-300 ADA
2% for districts with 301-1,000 ADA
1% for districts with 1,001 and over ADA
NOTE
Authority cited: Sections 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment of section heading and section filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Amendment of section heading and section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
§15443. Average Daily Attendance to Enrollment.
Note • History
Projected second period ADA to enrollment ratio for any of the budget year or two subsequent fiscal years has not increased from the historical average ratio from the three prior fiscal years by more than one half of one percent.
NOTE
Authority cited: Sections 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Amendment filed 9-19-2001; operative 9-19-2001. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2001, No. 38).
4. Repealer and new section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
Note • History
Projected revenue limit for any of the budget year or two subsequent fiscal years has not changed from the prior fiscal year by more than the change in population and the funded cost of living adjustment plus or minus one percent.
For basic aid districts, projected revenue limit has not changed from the prior fiscal year by more than the percent change in property tax revenues plus or minus one percent.
For districts funded by necessary small school formulas, projected revenue limit has not changed from the prior fiscal year amount by more than the funded cost of living adjustment plus or minus one percent.
NOTE
Authority cited: Sections 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Amendment filed 9-19-2001; operative 9-19-2001. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2001, No. 38).
4. Repealer and new section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
§15445. Salaries and Benefits.
Note • History
Projected ratio of total unrestricted salaries and benefits to total unrestricted general fund expenditures for any of the budget year or two subsequent fiscal years has not changed from the historical average ratio from the three prior fiscal years by more than the greater of three percent or the district's required reserves percentage.
NOTE
Authority cited: Sections 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Amendment filed 9-19-2001; operative 9-19-2001. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2001, No. 38).
4. Repealer of article 2 heading and repealer and new section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
§15446. Other Revenues and Expenditures.
Note • History
Projected operating revenues (including federal, other state and other local) or expenditures (including books and supplies, and services and other operating) for any of the budget year or two subsequent fiscal years, have not changed from the prior fiscal year amount by more than the percentage change in population and the funded cost of living adjustment plus or minus ten percent.
For each major object category, changes that exceed the percentage change in population and the funded cost of living adjustment plus or minus five percent must be explained.
NOTE
Authority cited: Sections 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Repealer and new section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
§15447. Facilities Maintenance.
Note • History
Confirm that the annual contribution for facilities maintenance funding is not less than the amounts required pursuant to Education Code sections 17584 and 17070.75, if applicable.
NOTE
Authority cited: Sections 33127 and 33129, Education Code. Reference: Sections 17070.75, 17584 and 33128, Education Code.
HISTORY
1. New section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20). For prior history, see Register 2000, No. 40.
Note • History
(a) Unrestricted deficit spending (total unrestricted expenditures and other financing uses is greater than total unrestricted revenues and other financing sources) as a percentage of total unrestricted expenditures and other financing uses, has not exceeded one-third of the district's available reserves as a percentage of total expenditures and other financing uses in two out of three prior fiscal years.
(b) For purposes of this section, available reserves are the unrestricted reserves in the Designated for Economic Uncertainties and the Undesignated/Unappropriated accounts in the General Fund and the Special Reserve Fund for Other Than Capital Outlay Projects. Available reserves will be reduced by any negative ending balances in restricted resources in the General Fund.
(c) For purposes of this section, a school district that serves as the Administrative Unit (AU) of a Special Education Local Plan Area (SELPA) may exclude from its expenditures the distribution of funds to its participating members.
NOTE
Authority cited: Sections 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment of section heading filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Repealer and new section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
Note • History
(a) Budgeted beginning unrestricted general fund balance has not been overestimated for two out of three prior fiscal years by more than the following percentage levels:
1.7% for districts with 0-300 ADA
1.3% for districts with 301-1,000 ADA
1.0% for districts with 1,001-30,000 ADA
0.7% for districts with 30,001-400,000 ADA
0.3% for districts with 400,001 and over ADA
(b) For purposes of this section, the percentage levels equate to a rate of deficit spending which would eliminate recommended reserves for economic uncertainties over a three year period.
NOTE
Authority cited: Sections 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Repealer and new section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
Note • History
(a) Available reserves for any of the budget year or two subsequent fiscal years are not less than the following percentages or amounts as applied to total expenditures and other financing uses:
the greater of 5% or $55,000 for districts with 0-300 ADA
the greater of 4% or $55,000 for districts with 301-1,000 ADA
3% for districts with 1,001-30,000 ADA
2% for districts with 30,001-400,000 ADA
1% for districts with 400,001 and over ADA
(b) For purposes of this section, the following shall apply:
(1) Available reserves are the unrestricted reserves in the Designated for Economic Uncertainties and the Undesignated/Unappropriated accounts in the General Fund and the Special Reserve Fund for Other Than Capital Outlay Projects. Available reserves will be reduced by any negative ending balances in restricted resources in the General Fund.
(2) A school district that serves as the AU of a SELPA may exclude from its expenditures the distribution of funds to its participating members.
(3) The dollar amounts are to be adjusted annually by the prior year statutory cost of living adjustment (Education Code section 42238), rounded to the nearest thousand.
NOTE
Authority cited: Sections 33127 and 33129, Education Code. Reference: Sections 33128 and 42238, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Repealer and new section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
§15451. Supplemental Information.
Note • History
(a) School districts shall provide supplemental information in the following general areas:
(1) Provide the methodology and assumptions used to estimate ADA, enrollment, revenues, expenditures, reserves and fund balance, and multiyear commitments (including cost of living adjustments).
(2) Provide information on additional indicators as requested.
(b) School districts shall provide supplemental information in the following specific areas:
(1) Contingent Liabilities. Identify any known or contingent liabilities from financial or program audits, state compliance reviews, litigation, etc., that may impact the budget.
(2) Use of One-time Revenues for Ongoing Expenditures. Identify any ongoing general fund expenditures in excess of one percent of the total general fund expenditures that are funded with one-time resources in the budget year, and explain how the one-time resources will be replaced to continue funding the ongoing expenditures in the following fiscal years.
(3) Use of Ongoing Revenues for One-time Expenditures. Identify any large nonrecurring general fund expenditures that are funded with ongoing general fund revenues.
(4) Contingent Revenues. Identify projected revenues for the budget year and two subsequent fiscal years that are contingent on reauthorization by the local government, special legislation, or other definitive act (e.g. parcel taxes). If any of these revenues are dedicated for ongoing expenses, explain how the revenues will be replaced or the expenditures reduced.
(5) Contributions. Provide information regarding contributions as follows:
(A) Identify projected contributions from unrestricted resources in the general fund to restricted resources in the general fund for the budget year and two subsequent fiscal years. Provide an explanation if contributions have changed from the prior fiscal year amounts by more than $20,000 and more than ten percent. An explanation should include whether contributions are ongoing or one-time in nature.
(B) Identify projected transfers to or from the general fund to cover operating deficits in either the general fund or any other fund for the budget year and two subsequent fiscal years. Provide an explanation if transfers have changed from the prior fiscal year amounts by more than $20,000 and more than ten percent. An explanation should include whether transfers are ongoing or one-time in nature.
(C) Estimate the impact of any capital projects on the general fund operational budget.
(6) Long-term Commitments. Provide information regarding long-term commitments as follows:
(A) Identify all existing and new multiyear commitments (include multiyear commitments, multiyear debt agreements, and new programs or contracts that result in long-term obligations) and their annual required payment for the budget year and two subsequent fiscal years.
(B) Explain how any increase in annual payments will be funded. Also explain how any decrease to funding sources used to pay long-term commitments will be replaced.
(7) Unfunded Liabilities. Provide information regarding unfunded liabilities as follows:
(A) Estimate the unfunded liability for post employment benefits other than pensions (OPEB) based on an actuarial valuation, if required, or other method; identify or estimate the annual required contribution; and indicate how the obligation is funded (pay-as-you-go, amortized over a specific period, etc.).
(B) Estimate the unfunded liability for self-insurance programs such as workers' compensation based on an actuarial valuation, if required, or other method; identify or estimate the required contribution; and indicate how the obligation is funded (level of risk retained, funding approach, etc).
(8) Status of Labor Agreements. Analyze the status of employee labor agreements, including the following:
(A) Identify new labor agreements, as well as new commitments provided as part of previously ratified multiyear agreements; and include all contracts, including all administrator contracts (and including all compensation). For new agreements, indicate the date of the required board meeting.
(B) Compare the increase in new commitments to the projected increase in ongoing revenues, and explain how these commitments will be funded in future fiscal years.
(C) If salary and benefit negotiations are not finalized at budget adoption, upon settlement with certificated or classified staff:
1. The school district must determine the cost of the settlement, including salaries, benefits, and any other agreements that change costs, and provide the county office of education with an analysis of the cost of the settlement and its impact on the operating budget.
2. The county superintendent of schools shall review the analysis relative to the criteria and standards, and may provide written comments to the president of the district governing board and superintendent.
NOTE
Authority cited: Sections 33127 and 33129, Education Code. Reference: Section 33128, Education Code; and Sections 3540.2 and 3547.5, Government Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Repealer and new section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
§15452. Supplemental Information. [Repealed]
Note • History
NOTE
Authority cited: Section 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Repealer and new section heading and section filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Repealer filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
Article 2. Interim Report Review
Note • History
(a) School districts shall conduct a review of their budgets at Interim Report time in accordance with the following criteria and standards (beginning with section 15454) and supplemental information (beginning with section 15464). The county superintendent of schools will review the school district's Interim Report using the criteria and standards.
(b) The school district superintendent shall submit two interim reports to its governing board during each fiscal year. Both interim reports shall be approved by the district's governing board along with a certification on whether their school district is able to meet its financial obligations for the remainder of the fiscal year and, based on current forecasts, for the two subsequent fiscal years. The certification shall be based on the governing board's assessment and the criteria and standards. The certification shall be classified as positive, qualified, or negative.
(1) A positive certification indicates that, based on current projections the school district will meet its financial obligations for the current fiscal year and two subsequent fiscal years.
(2) A qualified certification indicates that, based on current projections the school district may not meet its financial obligations for the current fiscal year or two subsequent fiscal years.
(3) A negative certification indicates that, based on current projections the school district will be unable to meet its financial obligations for the remainder of the current fiscal year or the subsequent fiscal year.
(c) The review includes an analysis of ten criteria, with standards, and supplemental information about the status of the budget at Interim Report time. The ten criteria are fund and cash balances, reserves, deficit spending, ADA, enrollment, ADA to enrollment, revenue limit, salaries and benefits, other revenues and expenditures, and facilities maintenance. Each of these criteria has a standard by which it is measured. In addition to the criteria and standards, the review must identify additional information regarding contingent liabilities, use of one-time revenues for ongoing expenditures, contingent revenues, contributions, long-term commitments, unfunded liabilities, temporary interfund borrowings, status of labor agreements, and the status of other funds. Deviations from the standards must be explained, and may affect the interim certification.
NOTE
Authority cited: Sections 33127, 33129 and 42131, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment of section and Note filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Amendment of subsection (b) filed 9-19-2001; operative 9-19-2001. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2001, No. 38).
4. Repealer of subchapter 9 heading and article 1 heading, new article 2 heading and amendment of section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
§15454. Fund and Cash Balances.
Note • History
Projected general fund balances will be positive at the end of the current fiscal year and two subsequent fiscal years and the projected general fund cash balance will be positive at the end of the current fiscal year.
NOTE
Authority cited: Sections 33127, 33129 and 42131, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment of section heading and section filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Amendment filed 9-19-2001; operative 9-19-2001. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2001, No. 38).
4. Amendment filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
Note • History
(a) Available reserves for any of the current fiscal year or two subsequent fiscal years are not less than the following percentages or amounts as applied to total expenditures and other financing uses:
the greater of 5% or $55,000 for districts with 0-300 ADA
the greater of 4% or $55,000 for districts with 301-1,000 ADA
3% for districts with 1,001-30,000 ADA
2% for districts with 30,001-400,000 ADA
1% for districts with 400,001 and over ADA
(b) For purposes of this section, the following shall apply:
(1) Available reserves are the unrestricted reserves in the Designated for Economic Uncertainties and the Undesignated/Unappropriated accounts in the General Fund and the Special Reserve Fund for Other Than Capital Outlay Projects. Available reserves will be reduced by any negative ending balances in restricted resources in the General Fund.
(2) A school district that serves as the AU of a SELPA may exclude from its expenditures the distribution of funds to its participating members.
(3) The dollar amounts are to be adjusted annually by the prior year statutory cost of living adjustment (Education Code section 42238), rounded to the nearest thousand.
NOTE
Authority cited: Sections 33127, 33128, 33129 and 33131, Education Code. Reference: Sections 33128 and 42238, Education Code.
HISTORY
1. New section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20). For prior history, see Register 2000, No. 40.
Note • History
(a) Unrestricted deficit spending (total unrestricted expenditures and other financing uses is greater than total unrestricted revenues and other financing sources) as a percentage of total unrestricted expenditures and other financing uses, has not exceeded one-third of the district's available reserves as a percentage of total expenditures and other financing uses in any of the current fiscal year or two subsequent fiscal years.
(b) For purposes of this section, the following shall apply:
(1) Available reserves are the unrestricted reserves in the Designated for Economic Uncertainties and the Undesignated/Unappropriated accounts in the General Fund and the Special Reserve Fund for Other Than Capital Outlay Projects. Available reserves will be reduced by any negative ending balances in restricted resources in the General Fund.
(2) A school district that serves as the AU of a SELPA may exclude from its expenditures the distribution of funds to its participating members.
NOTE
Authority cited: Sections 33127, 33129 and 42131, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Amendment filed 9-19-2001; operative 9-19-2001. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2001, No. 38).
4. Repealer and new section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
§15457. Average Daily Attendance.
Note • History
(a) Funded ADA for any of the current fiscal year or two subsequent fiscal years has not changed by more than two percent since budget adoption.
(b) For purposes of this section, first interim reports will be compared to adopted budgets; second interim reports will be compared to first interim projections.
NOTE
Authority cited: Sections 33127, 33129 and 42131, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Amendment of subsection (a) filed 9-19-2001; operative 9-19-2001. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2001, No. 38).
4. Repealer and new section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
Note • History
(a) Projected enrollment for any of the current fiscal year or two subsequent fiscal years has not changed by more than two percent since budget adoption.
(b) For purposes of this section, first interim reports will be compared to adopted budgets; second interim reports will be compared to first interim projections.
NOTE
Authority cited: Sections 33127, 33129 and 42131, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment of Note filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Amendment filed 9-19-2001; operative 9-19-2001. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2001, No. 38).
4. Amendment of section heading and section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
Note • History
Projected second period ADA to enrollment ratio for any of the current fiscal year or two subsequent fiscal years has not increased from the historical average ratio from three prior fiscal years by more than one half of one percent.
NOTE
Authority cited: Sections 33127, 33129 and 42131, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment of Note filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Amendment filed 9-19-2001; operative 9-19-2001. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2001, No. 38).
4. Repealer and new section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
Note • History
(a) Projected revenue limit for any of the current fiscal year or two subsequent fiscal years has not changed by more than two percent since budget adoption.
(b) For purposes of this section, first interim reports will be compared to adopted budgets; second interim reports will be compared to first interim projections.
NOTE
Authority cited: Sections 33127, 33129 and 42131, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment of section heading and Note filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Amendment of section heading and section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
§15461. Salaries and Benefits.
Note • History
Projected ratio of total unrestricted salaries and benefits to total unrestricted general fund expenditures for any of the current fiscal year or two subsequent fiscal years has not changed from the historical average ratio from the three prior fiscal years by more than the greater of three percent or the district's required reserves percentage.
NOTE
Authority cited: Sections 33127, 33129 and 42131, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment of section and Note filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Amendment of section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
§15462. Other Revenues and Expenditures.
Note • History
(a) Projected operating revenues (including federal, other state and other local) or expenditures (including books and supplies, and services and other operating) for any of the current fiscal year or two subsequent fiscal years, have not changed by more than five percent since budget adoption.
(b) Changes that exceed five percent in any major object category must be explained.
(c) For purposes of this section, first interim reports will be compared to adopted budgets; second interim reports will be compared to first interim projections.
NOTE
Authority cited: Sections 33127, 33129 and 42131, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment of Note filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Amendment of section heading and section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
§15463. Facilities Maintenance.
Note • History
(a) Identify changes that have occurred since budget adoption in the projected contributions for facilities maintenance funding as required pursuant to Education Code sections 17584 and 17070.75.
(b) For purposes of this section, first interim reports will be compared to adopted budgets; second interim reports will be compared to first interim projections.
NOTE
Authority cited: Sections 33127, 33129 and 42131, Education Code. Reference: Sections 17070.75, 17584 and 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment of section and Note filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
4. Repealer and new section and amendment of Note filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
§15464. Supplemental Information.
Note • History
(a) School districts shall provide supplemental information in the following general areas:
(1) Provide the methodology and assumptions used to estimate ADA, enrollment, revenues, expenditures, reserves and fund balance, and multiyear commitments (including cost of living adjustments).
(2) Provide information on additional indicators as requested.
(b) School districts shall provide supplemental information in the following specific areas:
(1) Contingent Liabilities. Identify any known or contingent liabilities from financial or program audits, state compliance reviews, litigation, etc., that have occurred since budget adoption that may impact the budget.
(2) Use of One-Time Revenues for Ongoing Expenditures. Identify ongoing general fund expenditures funded by one-time revenues that have changed by more than five percent since budget adoption. (For this purpose, the first interim reports will be compared to adopted budgets; the second interim reports will be compared to first interim projections).
(3) Contingent Revenues. Identify projected revenues for the current fiscal year and two subsequent fiscal years that are contingent on reauthorization by the local government, special legislation, or other definitive act (e.g., parcel taxes). If any of these revenues are dedicated for ongoing expenses, explain how the revenues will be replaced or the expenditures reduced.
(4) Contributions. Provide information regarding contributions as follows:
(A) Identify projected contributions from unrestricted resources in the general fund to restricted resources in the general fund for the current fiscal year and two subsequent fiscal years. Provide an explanation if contributions have changed by more than $20,000 and more than five percent since budget adoption. (For this purpose, the first interim reports will be compared to adopted budgets; the second interim reports will be compared to first interim projections).
(B) Identify projected transfers to or from the general fund to cover operating deficits in either the general fund or any other fund for the current fiscal year and two subsequent fiscal years. Provide an explanation if transfers have changed by more than $20,000 and more than five percent since budget adoption. (For this purpose, the first interim reports will be compared to adopted budgets; the second interim reports will be compared to first interim projections).
(C) Identify capital project cost overruns that have occurred since budget adoption that may impact the general fund budget. (For this purpose, first interim reports will be compared to adopted budgets; second interim reports will be compared to first interim projections.)
(5) Long-Term Commitments. Provide information regarding long-term commitments as follows:
(A) Identify all existing and new multiyear commitments (include multiyear commitments, multiyear debt agreements, and new programs or contracts that result in long-term obligations) and their annual required payment, for the current fiscal year and two subsequent fiscal years.
(B) Explain how any increase in annual payments will be funded. Also explain how any decrease to funding sources used to pay long-term commitments will be replaced.
(6) Unfunded Liabilities. Identify any changes in estimates for unfunded liabilities since budget adoption, and indicate whether the changes are the result of a new actuarial valuation. (For this purpose, the first interim reports will be compared to adopted budgets; the second interim reports will be compared to first interim projections).
(7) Temporary Interfund Borrowings. Identify projected temporary borrowings between funds (refer to Education Code section 42603).
(8) Status of Labor Agreements. Analyze the status of employee labor agreements, including the following:
(A) Identify new labor agreements that have been ratified since budget adoption, as well as new commitments provided as part of previously ratified multiyear agreements; and include all contracts, including all administrator contracts (and including all compensation). For new agreements, indicate the date of the required board meeting. (For this purpose, the first interim reports will be compared to adopted budgets; the second interim reports will be compared to first interim projections).
(B) Compare the increase in new commitments to the projected increase in ongoing revenues, and explain how these commitments will be funded in future fiscal years.
(C) If salary and benefit negotiations are not finalized, upon settlement with certificated or classified staff:
1. The school district must determine the cost of the settlement, including salaries, benefits, and any other agreements that change costs, and provide the county office of education with an analysis of the cost of the settlement and its impact on the operating budget.
2. The county superintendent of schools shall review the analysis relative to the criteria and standards, and may provide written comments to the president of the district governing board and the district superintendent.
(9) Status of Other Funds. Analyze the status of other funds that may have negative fund balances at the end of the current fiscal year. If any other fund has a projected negative fund balance, prepare an interim report and multiyear projection for that fund. Explain plans for how and when the negative fund balance will be addressed.
NOTE
Authority cited: Sections 33127 and 33129, Education Code. Reference: Sections 33128 and 42603, Education Code; and Sections 3540.2 and 3547.5, Government Code.
HISTORY
1. New section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20). For prior history, see Register 2000, No. 40.
§15465. Cash Balance. [Repealed]
Note • History
NOTE
Authority cited: Sections 33127, 33129 and 35014, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Repealer filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
§15466. Supplemental Information. [Repealed]
Note • History
NOTE
Authority cited: Sections 33127, 33129 and 35014, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Repealer filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
Subchapter 9. Criteria and Standards for County Office of Education Budgets and Interim Budgets
Article 1. Budget Review
Note • History
(a) County offices of education shall use the following criteria and standards (beginning with section 15468) and supplemental information (beginning with section 15475) in the development of their annual budgets. The State Superintendent of Public Instruction (SSPI) will review the county office of education's budget to determine whether it complies with the criteria and standards.
(b) The budget review includes an analysis of eight criteria, with standards, and additional information about the status of the budget. The eight criteria are ADA, revenue limit, salaries and benefits, other revenues and expenditures, facilities maintenance, deficit spending, fund balance, and reserves. County office budgets are measured against a standard for each of these criteria. In addition to the criteria and standards, the review must identify additional information regarding contingent liabilities, use of one-time revenues for ongoing expenditures, use of ongoing revenues for one-time expenditures, contingent revenues, contributions, long-term commitments, unfunded liabilities, and the status of labor agreements. Deviations from the standards must be explained, and may affect the approval of the budget.
NOTE
Authority cited: Sections 1621, 1622, 1623, 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Amendment of subsection (b) filed 9-19-2001; operative 9-19-2001. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2001, No. 38).
4. Renumbering and amendment of former subchapter 10 to subchapter 9 and amendment of article 1 heading and section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
§15468. Average Daily Attendance.
Note • History
(a) Projected countywide other purpose ADA has not been overestimated in the first prior fiscal year or in two or more of the previous three fiscal years by more than the following percentage levels:
3.0% for counties with under 7,000 ADA
2.0% for counties with 7,000 through 59,999 ADA
1.0% for counties with over 59,999 ADA
(b) Projected ADA for county operated programs for any of the budget year or two subsequent fiscal years has not increased from the historical average from the three prior fiscal years by more than two percent each year.
NOTE
Authority cited: Sections 1621, 1622, 1623, 33127 and 33129, Education Code. Reference: Sections 1205 and 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment filed 9-19-2001; operative 9-19-2001. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2001, No. 38).
3. Amendment of section and Note filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
Note • History
(a) Projected revenue limit for any of the budget year or two subsequent fiscal years has not changed from the prior fiscal year by more than the change in population and the funded cost of living adjustment (COLA) plus or minus one percent.
(b) For excess property tax counties, projected revenue limit has not changed from the prior fiscal year by more than the percent change in property tax revenues plus or minus one percent.
NOTE
Authority cited: Sections 1621, 1622, 1623, 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20). For prior history, see Register 2001, No. 38.
§15470. Special Education Entitlement.
Note • History
NOTE
Authority cited: Sections 1621, 1622, 1623, 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Repealer filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
§15471. Salaries and Benefits.
Note • History
Projected total salaries and benefits for any of the budget year or two subsequent fiscal years has not changed from the prior fiscal year amount by more than the change in funded COLA plus or minus five percent.
NOTE
Authority cited: Sections 1621, 1622, 1623, 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20). For prior history, see Register 2001, No. 38.
§15471.1. Other Revenues and Expenditures.
Note • History
(a) Projected operating revenues (including federal, other state and other local) or expenditures (including books and supplies, and services and other operating) for any of the budget year or two subsequent fiscal years, have not changed from the prior fiscal year amount by more than the change in funded COLA plus or minus ten percent.
(b) For each major object category, changes that exceed the percentage change in funded COLA plus or minus five percent must be explained.
NOTE
Authority cited: Sections 1621, 1622, 1623, 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
§15471.2. Facilities Maintenance.
Note • History
Confirm that the annual contribution for facilities maintenance funding is not less than the amounts required pursuant to Education Code sections 17584 and 17070.75.
NOTE
Authority cited: Sections 1621, 1622, 1623, 33127 and 33129, Education Code. Reference: Sections 17070.75, 17584 and 33128, Education Code.
HISTORY
1. New section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
Note • History
(a) Unrestricted deficit spending (total unrestricted expenditures and other financing uses is greater than total unrestricted revenues and other financing sources) as a percentage of total unrestricted expenditures and other financing uses, has not exceeded one-third of the county office's available reserves as a percentage of total expenditures and other financing uses in two out of three prior fiscal years.
(b) For purposes of this section, the following shall apply:
(1) Available reserves from the Juvenile Court/County Community Schools and Regional Occupational Centers/Programs may be included, up to the applicable percentage of program expenditures. Funds designated as reserves for this purpose continue to be restricted for use only in those programs. Also, available reserves are unrestricted reserves in the Designated for Economic Uncertainties and the Undesignated/Unappropriated accounts in the County School Service Fund and Special Reserve Fund for Other Than Capital Outlay Projects. Available reserves will be reduced by any negative ending balances in restricted resources in the County School Service Fund.
(2) A county office of education that serves as the AU of a SELPA may exclude from its expenditures the distribution of funds to its participating members.
NOTE
Authority cited: Sections 1621, 1622, 1623, 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment of section heading and section filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Amendment filed 9-19-2001; operative 9-19-2001. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2001, No. 38).
4. Amendment filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
Note • History
(a) Budgeted beginning unrestricted county school service fund balance has not been overestimated for two out of three prior fiscal years by more than the following percentage levels:
1.7% for counties with total expenditures and other financing uses of less than $4,895,000
1.3% for counties with total expenditures and other financing uses of $4,895,000 through $12,235,999.
1.0% for counties with total expenditures and other financing uses of $12,236,000 through $55,064,000.
0.7% for counties with total expenditures and other financing uses of over $55,064,000.
(b) For purposes of this section, the following shall apply:
(1) A county office of education that serves as the AU of a SELPA may exclude from its expenditures the distribution of funds to its participating members.
(2) Percentage levels equate to a rate of deficit spending which would eliminate recommended reserves for economic uncertainties over a three year period.
(3) The dollar amounts are to be adjusted annually by the prior year statutory cost of living adjustment calculated pursuant to Education Code section 2557, rounded to the nearest thousand.
NOTE
Authority cited: Sections 1621, 1622, 1623, 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20). For prior history, see Register 2001, No. 38.
Note • History
(a) Available reserves for any of the budget year or two subsequent fiscal years are not less than the following percentages or amounts as applied to total expenditures and other financing uses:
the greater of 5% or $55,000 for counties with total expenditures and other financing uses of less than $4,895,000.
the greater of 4% or $245,000 for counties with total expenditures and other financing uses of $4,895,000 through $12,235,999.
the greater of 3% or $489,000 for counties with total expenditures and other financing uses of $12,236,000 through $55,064.000.
the greater of 2% or $1,652,000 for counties with total expenditures and other financing uses of over $55,064,000.
(b) For purposes of this section, the following shall apply:
(1) Available reserves from the Juvenile Court/County Community Schools and Regional Occupational Centers/Programs may be included, up to the applicable percentage of program expenditures. Funds designated as reserves for this purpose continue to be restricted for use only in those programs. Also, available reserves are unrestricted reserves in the Designated for Economic Uncertainties and the Undesignated/Unappropriated accounts in the County School Service Fund and Special Reserve Fund for Other Than Capital Outlay Projects. Available reserves will be reduced by any negative ending balances in restricted resources in the County School Service Fund.
(2) A county office of education that serves as the AU of a SELPA may exclude from its expenditures the distribution of funds to its participating members.
(3) The dollar amounts are to be adjusted annually by the prior year statutory cost of living adjustment calculated pursuant to Education Code section 2557, rounded to the nearest thousand.
NOTE
Authority cited: Sections 1621, 1622, 1623, 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment filed 9-19-2001; operative 9-19-2001. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2001, No. 38).
3. Amendment filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
§15475. Supplemental Information.
Note • History
(a) County offices of education shall provide supplemental information in the following general areas:
(1) Provide the methodology and assumptions used to estimate ADA, enrollment, revenues, expenditures, reserves and fund balance, and multiyear commitments (including cost of living adjustments).
(2) Provide information on additional indicators as requested.
(b) County offices of education shall provide supplemental information in the following specific areas:
(1) Contingent Liabilities. Identify any known or contingent liabilities from financial or program audits, state compliance reviews, litigation, etc., that may impact the budget.
(2) Use of One-time Revenues for Ongoing Expenditures. Identify any ongoing county school service fund expenditures in excess of one percent of the total county school service fund expenditures that are funded with one-time resources in the budget year, and explain how the one-time resources will be replaced to continue funding the ongoing expenditures in the following fiscal years.
(3) Use of Ongoing Revenues for One-time Expenditures. Identify any large nonrecurring county school service fund expenditures that are funded with ongoing county school service fund revenues.
(4) Contingent Revenues. Identify projected revenues for the budget year and two subsequent fiscal years that are contingent on reauthorization by the local government, special legislation, or other definitive act (e.g. parcel taxes). If any of these revenues are dedicated for ongoing expenses, explain how the revenues will be replaced or the expenditures reduced.
(5) Contributions. Provide information regarding contributions as follows:
(A) Identify projected contributions from unrestricted resources in the county school service fund to restricted resources in the county school service fund for the budget year and two subsequent fiscal years. Provide an explanation if contributions have changed from prior fiscal year amounts by more than $20,000 and more than ten percent. An explanation should include whether contributions are ongoing or one-time in nature.
(B) Identify projected transfers to or from the county school service fund to cover operating deficits in either the county school service fund or any other fund for the budget year and two subsequent fiscal years. Provide an explanation if transfers have changed from the prior year amounts by more than $20,000 and more than ten percent. An explanation should include whether transfers are ongoing or one-time in nature.
(C) Estimate the impact of any capital projects on the county school service fund operational budget.
(6) Long-term Commitments. Provide information regarding long-term commitments as follows:
(A) Identify all existing and new multiyear commitments (include multiyear commitments, multiyear debt agreements, and new programs or contracts that result in long-term obligations) and their annual required payment for the budget year and two subsequent fiscal years.
(B) Explain how any increase in annual payments will be funded. Also explain how any decrease to funding sources used to pay long-term commitments will be replaced.
(7) Unfunded Liabilities. Provide information regarding unfunded liabilities as follows:
(A) Estimate the unfunded liability for post employment benefits other than pensions (OPEB) based on an actuarial valuation, if required, or other method; identify or estimate the annual required contribution; and indicate how the obligation is funded (pay-as-you-go, amortized over a specific period, etc.).
(B) Estimate the unfunded liability for self-insurance programs such as workers' compensation based on an actuarial valuation, if required, or other method; identify or estimate the required contribution; and indicate how the obligation is funded (level of risk retained, funding approach, etc).
(8) Analyze the status of labor agreements, including the following:
(A) Identify new labor agreements, as well as new commitments provided as part of previously ratified multiyear agreements; and include all contracts, including all administrator contracts (and including all compensation). For new agreements, indicate the date of the required board meeting.
(B) Compare the increase in new commitments to the projected increase in ongoing revenues, and explain how these commitments will be funded in future fiscal years.
(C) If salary and benefit negotiations are not finalized at budget adoption, upon settlement with certificated or classified staff:
(1) The county office must determine the cost of the settlement, including salaries, benefits, and any other agreements that change costs, and provide the California Department of Education (CDE) with an analysis of the cost of the settlement and its impact on the operating budget.
(2) The CDE shall review the analysis relative to the criteria and standards, and may provide written comments to the president of the governing board and the county superintendent of schools.
NOTE
Authority cited: Sections 1621, 1622, 1623, 33127 and 33129, Education Code. Reference: Section 33128, Education Code; Sections 3540.2 and 3547.5, Government Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Amendment filed 9-19-2001; operative 9-19-2001. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2001, No. 38).
4. Amendment of section and Note filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
Article 2. Interim Report Review
Note • History
NOTE
Authority cited: Sections 1621, 1622, 1623, 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Amendment filed 9-19-2001; operative 9-19-2001. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2001, No. 38).
4. Amendment of article heading and repealer of section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
§15477. Other Revenue. [Repealed]
Note • History
NOTE
Authority cited: Sections 1621, 1622, 1623, 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Repealer filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
§15478. Other Operating Expenses. [Repealed]
Note • History
NOTE
Authority cited: Sections 1621, 1622, 1623, 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Repealer filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
§15479. Other Sources and Uses. [Repealed]
Note • History
NOTE
Authority cited: Sections 1621, 1622, 1623, 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Repealer filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
§15479.5. Supplemental Information. [Repealed]
Note • History
NOTE
Authority cited: Sections 1621, 1622, 1623, 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
2. Repealer filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
Note • History
(a) County offices of education shall conduct a review of their budgets at Interim Report time in accordance with the following criteria and standards and supplemental information (beginning with section 15481) and supplemental information (beginning with section 15493). The SSPI will review the county office's Interim Report using the criteria and standards.
(b) The county superintendent of schools shall submit two interim reports to its governing board during each fiscal year. Both interim reports shall be reviewed by the county board of education and approved by the county superintendent of schools, who shall certify whether their county office of education is able to meet its financial obligations for the remainder of the fiscal year and, based on current forecast, for two subsequent fiscal years. The certification shall be based on the criteria and standards and shall be classified as positive, qualified, or negative.
(1) A positive certification indicates that, based on current projections the county office of education will meet its financial obligations for the current fiscal year and two subsequent fiscal years.
(2) A qualified certification indicates that, based on current projections the county office of education may not meet its financial obligations for the current fiscal year or two subsequent fiscal years.
(3) A negative certification indicates that, based on current projections the county office of education will be unable to meet its financial obligations for the remainder of the current fiscal year or the subsequent fiscal year.
(b) The review includes an analysis of eight criteria, with standards, and supplemental information about the status of the budget at Interim Report time. The eight criteria are fund and cash balances, reserves, deficit spending, ADA, revenue limit, salaries and benefits, other revenues and expenditures, and facilities maintenance. Each of these criteria has a standard by which it is measured. In addition to the criteria and standards, the review must identify additional information regarding contingent liabilities, use of one-time revenues for ongoing expenditures, contingent revenues, contributions, long-term commitments, unfunded liabilities, temporary interfund borrowings, the status of labor agreements, and the status of other funds. Deviations from the standards must be explained, and may affect the interim certification.
NOTE
Authority cited: Sections 1240(l), 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Repealer of subchapter 11 heading and article 1 heading and amendment of section and Note filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
§15481. Fund and Cash Balances.
Note • History
Projected county school service fund balances will be positive at the end of the current fiscal year and two subsequent fiscal years and the projected county school service fund cash balance will be positive at the end of the current fiscal year.
NOTE
Authority cited: Sections 1240(l), 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment of section heading, section and Note filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Amendment filed 9-19-2001; operative 9-19-2001. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2001, No. 38).
4. Amendment of section and Note filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
§15482. Fund Balance. [Repealed]
Note • History
NOTE
Authority cited: Sections 33127, 33129 and 1240(j), Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Repealer filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
Note • History
(a) Available reserves for any of the current fiscal year or two subsequent fiscal years are not less than the following percentages or amounts as applied to total expenditures and other financing uses:
the greater of 5% or $55,000 for counties with total expenditures and other financing uses of less than $4,895,000.
the greater of 4% or $245,000 for counties with total expenditures and other financing uses of $4,895,000 through $12,235,999.
the greater of 3% or $489,000 for counties with total expenditures and other financing uses of $12,236,000 through $55,064,000.
the greater of 2% or $1,652,000 for counties with total expenditures and other financing uses of over $55,064,000.
(b) For purposes of this section, the following shall apply:
(1) Available reserves from the Juvenile Court/County Community Schools and Regional Occupational Centers/Programs may be included, up to the applicable percentage of program expenditures. Funds designated as reserves for this purpose continue to be restricted for use only in those programs. Also, available reserves are unrestricted reserves in the Designated for Economic Uncertainties and the Undesignated/Unappropriated accounts in the County School Service Fund and Special Reserve Fund for Other Than Capital Outlay Projects. Available reserves will be reduced by any negative ending balances in restricted resources in the County School Service Fund.
(2) A county office of education that serves as the AU of a SELPA may exclude from its expenditures the distribution of funds to its participating members.
(3) The dollar amounts are to be adjusted annually by the prior year statutory cost of living adjustment calculated pursuant to Education Code section 2557, rounded to the nearest thousand.
NOTE
Authority cited: Sections 1240(l), 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment of section and Note filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Amendment filed 9-19-2001; operative 9-19-2001. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2001, No. 38).
4. Amendment of section heading, section and Note filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
Note • History
(a) Unrestricted deficit spending (total unrestricted expenditures and other financing uses is greater than total unrestricted revenues and other financing sources) as a percentage of total unrestricted expenditures and other financing uses, has not exceeded one-third of the county office's available reserves as a percentage of total expenditures and other financing uses in any of the current fiscal year or two subsequent fiscal years.
(b) For purposes of this section, the following shall apply:
(1) Available reserves from the Juvenile Court/County Community Schools and Regional Occupational Centers/Programs may be included, up to the applicable percentage of program expenditures. Funds designated as reserves for this purpose continue to be restricted for use only in those programs. Also, available reserves are unrestricted reserves in the Designated for Economic Uncertainties and the Undesignated/Unappropriated accounts in the County School Service Fund and Special Reserve Fund for Other Than Capital Outlay Projects. Available reserves will be reduced by any negative ending balances in restricted resources in the County School Service Fund.
(2) A county office of education that serves as the AU of a SELPA may exclude from its expenditures the distribution of funds to its participating members.
NOTE
Authority cited: Sections 1240(l), 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment of section and Note filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Amendment filed 9-19-2001; operative 9-19-2001. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2001, No. 38).
4. Repealer of article 2 heading, repealer and new section and amendment of Note filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
§15485. Average Daily Attendance.
Note • History
(a) Projected countywide other purpose (ADA) has not changed for any of the current fiscal year or two subsequent fiscal years by more than two percent since budget adoption.
(b) Projected ADA for county operated programs has not changed for any of the current fiscal year or two subsequent fiscal years by more than two percent since budget adoption.
(c) For purposes of this section, first interim reports will be compared to adopted budgets; second interim reports will be compared to first interim projections.
NOTE
Authority cited: Sections 1240(l), 33127 and 33129, Education Code. Reference: Sections 1205 and 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment of Note filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Amendment filed 9-19-2001; operative 9-19-2001. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2001, No. 38).
4. Amendment of section and Note filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
Note • History
(a) Projected revenue limit for any of the current fiscal year or two subsequent fiscal years, has not changed by more than two percent since budget adoption.
(b) For purposes of this section, first interim reports will be compared to adopted budgets; second interim reports will be compared to first interim projections.
NOTE
Authority cited: Sections 1240(l), 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment of Note filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Amendment filed 9-19-2001; operative 9-19-2001. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2001, No. 38).
4. Amendment of section and Note filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
§15487. Other Revenues. [Repealed]
Note • History
NOTE
Authority cited: Sections 1240(l), 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment of section heading and Note filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Repealer of section and amendment of Note filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
§15488. Salaries and Benefits.
Note • History
(a) Projected total salaries and benefits for any of the current fiscal year or two subsequent fiscal years has not changed by more than five percent since budget adoption.
(b) For purposes of this section, first interim reports will be compared to adopted budgets; second interim reports will be compared to first interim projections.
NOTE
Authority cited: Sections 1240(l), 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment of section and Note filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Amendment of section and Note filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
§15489. Other Revenues and Expenditures.
Note • History
(a) Projected operating revenues (including federal, other state and other local) or expenditures (including books and supplies, and services and other operating) for any of the current fiscal year or two subsequent fiscal years, have not changed by more than five percent since budget adoption.
(b) Changes that exceed five percent in any major object category must be explained.
(c) For purposes of this section, first interim reports will be compared to adopted budgets; second interim reports will be compared to first interim projections.
NOTE
Authority cited: Sections 1240(l), 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment of Note filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Amendment of section heading, section and Note filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
§15490. Facilities Maintenance.
Note • History
(a) Identify changes that have occurred since budget adoption in the projected contributions for facilities maintenance funding as required pursuant to Education Code sections 17584 and 17070.75.
(b) For purposes of this section, the first interim reports will be compared to adopted budgets; second interim reports will be compared to first interim projections.
NOTE
Authority cited: Sections 1240(l), 33127 and 33129, Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Amendment of section and Note filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
3. Repealer and new section and amendment of Note filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20).
§15491. Fund Balance. [Repealed]
Note • History
NOTE
Authority cited: Sections 33127, 33129 and 1240(j), Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Repealer filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
§15492. Cash Balance. [Repealed]
Note • History
NOTE
Authority cited: Sections 33127, 33129 and 1240(j), Education Code. Reference: Section 33128, Education Code.
HISTORY
1. New section filed 8-19-91; operative 7-1-91. Submitted to OAL for printing only and exempt from Government Code section 11343 under Education Code section 3313 (Register 92, No. 10).
2. Repealer filed 10-5-2000; operative 11-4-2000. Submitted to OAL for printing only pursuant to Education Code section 3313 (Register 2000, No. 40).
§15493. Supplemental Information.
Note • History
(a) County offices of education shall provide supplemental information in the following general areas:
(1) Provide the methodology and assumptions used to estimate ADA, enrollment, revenues, expenditures, reserves and fund balance, and multiyear commitments (including cost of living adjustments).
(2) Provide information on additional indicators as requested.
(b) County offices of education shall provide supplemental information in the following specific areas:
(1) Contingent Liabilities. Identify any known or contingent liabilities from financial or program audits, state compliance reviews, litigation, etc., that have occurred since budget adoption that may impact the budget.
(2) Use of One-Time Revenues for Ongoing Expenditures. Identify the ongoing county school service fund (CSSF) expenditures funded by one time revenues that have changed by more than five percent since budget adoption. (For this purpose, the first interim reports will be compared to adopted budgets; the second interim reports will be compared to first interim projections).
(3) Contingent Revenues. Identify projected revenues for the current fiscal year and two subsequent fiscal years that are contingent on reauthorization by the local government, special legislation, or other definitive act (e.g., parcel taxes). If any of these revenues are dedicated for ongoing expenses, explain how the revenues will be replaced or the expenditures reduced.
(4) Contributions. Provide information regarding contributions as follows:
(A) Identify projected contributions from unrestricted resources in the CSSF to restricted resources in the CSSF for the current year and two subsequent fiscal years. Provide an explanation if contributions have changed by more than $20,000 and more than five percent since budget adoption. (For this purpose, the first interim reports will be compared to adopted budgets; the second interim reports will be compared to first interim projections.)
(B) Identify projected transfers to or from the CSSF to cover operating deficits in either the CSSF or any other fund for the current year and two subsequent fiscal years. Provide an explanation if transfers have changed by more than $20,000 and more than five percent since budget adoption. (For this purpose, the first interim reports will be compared to adopted budgets; the second interim reports will be compared to first interim projections.)
(C) Identify capital project cost overruns that have occurred since budget adoption that may impact the CSSF budget. For this purpose, first interim reports will be compared to adopted budgets; second interim reports will be compared to first interim projections.
(5) Long-Term Commitments. Provide information regarding long-term commitments as follows:
(A) Identify all existing and new multiyear commitments (include multiyear commitments, multiyear debt agreements, and new programs or contracts that result in long-term obligations) and their annual required payment, for the current fiscal year and two subsequent fiscal years.
(B) Explain how any increase in annual payments will be funded. Also explain how any decrease to funding sources used to pay long-term commitments will be replaced.
(6) Unfunded Liabilities. Identify any changes in estimates for unfunded liabilities since budget adoption, and indicate whether the changes are the result of a new actuarial valuation. (For this purpose, first interim reports will be compared to adopted budgets; second interim reports will be compared to first interim projections.)
(7) Temporary Interfund Borrowings. Identify projected temporary borrowings between funds (refer to Education Code section 42603).
(8) Status of Labor Agreements. Analyze the status of employee labor agreements, including the following:
(A) Identify new labor agreements that have been ratified since budget adoption, as well as new commitments provided as part of previously ratified multiyear agreements; and include all contracts, including all administrator contracts (and including all compensation). For new agreements, indicate the date of the required board meeting.
(B) Compare the increase in new commitments to the projected increase in ongoing revenues, and explain how these commitments will be funded in future fiscal years.
(C) If salary and benefit negotiations are not finalized, upon settlement with certificated or classified staff:
1. The county office of education must determine the cost of the settlement, including salaries, benefits, and any other agreements that change costs, and provide the CDE with an analysis of the cost of the settlement and its impact on the operating budget.
2. The CDE shall review the analysis relative to the criteria and standards, and may provide written comments to the president of the governing board and county superintendent of schools.
(9) Status of Other Funds. Analyze the status of other funds that may have negative fund balances at the end of the current fiscal year. If any other fund has a projected negative fund balance, prepare an interim report and multiyear projection for that fund. Explain plans for how and when the negative fund balance will be addressed.
NOTE
Authority cited: Sections 1240(l), 33127 and 33129, Education Code. Reference: Sections 33128 and 42603, Education Code; and Sections 3540.2 and 3547.5, Government Code.
HISTORY
1. New section filed 5-13-2008; operative 6-12-2008. Submitted to OAL for printing only pursuant to Education Code section 33131 (Register 2008, No. 20). For prior history, see Register 2000, No. 40.
Chapter 15. Child Nutrition Programs
Subchapter 1. Food Sales, Food Service, and Nutrition Education
Article 1. Food Sales by Student Organizations
§15500. Food Sales in Elementary Schools.
Note • History
(a) Except as provided in subsection (b) and Section 15501, no school providing kindergarten or any of grades one through eight shall permit the sale of food by pupil organizations if such school is participating in the National School Lunch, School Breakfast, or Food Distribution program.
(b) The governing board of a school district or a county superintendent of schools may permit a student organization to sell not more than one food item per sale when all of the following conditions are met:
(1) The specific nutritious food item is approved by the governing board.
(2) The food sales do not begin until after the close of the regularly scheduled midday food service period.
(3) The sales during the regular school day are not of food items prepared on the premises.
(4) There are no more than four such sales per year per school.
(5) The food item sold is a dessert type food, such as pastry, ice cream or fruit.
(6) The food item sold is not one sold in the food service program at that school during that school day.
NOTE
Authority cited for Article 1: Sections 33031 and 48931, Education Code.
HISTORY
1. New Division 15 (Article 1, Sections 15500-15501) filed 1-16-76; effective thirtieth day thereafter (Register 76, No. 3).
2. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§15501. Sales in High Schools and Junior High Schools.
The governing board of any district or a county superintendent of schools maintaining a high school or a junior high school may permit an organization consisting solely of pupils of such school to sell food items during or after the regular school day if the following conditions are met:
(a) The specific nutritious food items are approved by the governing board.
(b) A student organization or organizations may be approved to sell food at any time during the school day, including the regularly scheduled food service period(s), as provided in (1) and/or (2):
(1) Only one such organization each school day selling no more than three types of food or beverage items such as confections, popcorn, nuts, fruit, or soft drinks; and/or
(2) Any one or more student organizations may conduct no more than four food sales of any food items during a school year in each school, but such sales shall be held on the same four days for any or all organizations.
(c) The sales during the regular school day are not of food prepared on the premises.
(d) The food items sold during the regular school day are not those sold by the district in the food service program at that school during that school day.
Article 2. Mandatory Meals for Needy Pupils
Note • History
The following definitions mean:
(a) A nutritionally adequate meal is a breakfast or lunch which meets the requirements of Section 49553 of the Education Code and the federal National School Lunch Act and the Child Nutrition Act.
(b) A needy pupil eligible to receive a free meal is one whose family income is not more than twenty-five percent above the income poverty guidelines prescribed by the United States Secretary of Agriculture for such family size.
(c) A needy pupil eligible to receive a reduced price meal is one whose family income is more than twenty-five percent and is equal to or less than ninety-five percent above the income poverty guidelines prescribed by the United States Secretary of Agriculture for such family size.
(d) For the purposes of this article, a school day is defined as enrollment for a minimum of 180 minutes daily in preschool and kindergarten; 180 minutes in continuation and opportunity schools or classes; 180 minutes in Regional Occupational Centers and Regional Occupation Programs, except that no mandate exists when a meal is offered at any regular day school of enrollment; 230 minutes in grades 1, 2, and 3; and 240 minutes in grades 4 through 8, 9 through 12, summer school and intersession programs in year-around schools. When free or reduced price meals are served to needy pupils enrolled for less than the school day prescribed by this section, such meals served are eligible for reimbursement in the same manner as are meals served to pupils enrolled for the school day prescribed by this section.
NOTE
Authority cited for Article 2: Sections 33031, 49492 and 49551, Education Code.
HISTORY
1. New Article 2 (§§ 15510, 15511) filed 2-25-76; effective thirtieth day thereafter (Register 76, No. 9).
2. Repealer and new subsection (d) filed 9-27-76; effective thirtieth day thereafter (Register 76, No. 40).
3. Amendment of subsection (a) and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§15511. Plan of Operation. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031 and 49551, Education Code. Reference: Section 49555, Education Code.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Repealer filed 11-9-79; effective thirtieth day thereafter (Register 79, No. 45).
Article 3. Nutrition Education
Note • History
The provisions of this Article apply to nutrition education programs established pursuant to Section 49534 of the Education Code.
NOTE
Authority cited for Article 3: Sections 33031 and 49534, Education Code.
HISTORY
1. New Article 3 (Sections 15530-15535) filed 4-16-76; effective thirtieth day thereafter (Register 76, No. 16).
2. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
History
Each “child nutrition entity” defined in section 49530.5 of the Education Code may submit a nutrition education application for funding to the California Department of Education.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§15532. Procedure for Filing an Application.
History
The State Superintendent of Public Instruction (SSPI) shall determine the date for submission of each application. Each applicant shall:
(a) Prior to the submission of an application file a letter of intent at a time prescribed by the SSPI.
(b) Submit an application on forms and at times prescribed by the SSPI to the Office of Curriculum Services, California Department of Education, 1430 N Street, Sacramento, California 95814.
HISTORY
1. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§15533. Criteria for Approving Applications.
Each application shall be reviewed by a team appointed by the Superintendent of Public Instruction or his designee and shall be composed of three persons who are knowledgeable in either nutrition, education curriculum or evaluation and who reside outside of the county of the applicant child nutrition entity, which team shall review an application based on the following minimum criteria:
(a) The nutritional needs of the children;
(b) Trained nutritionists to provide direction and/or leadership;
(c) A comprehensive nutrition curriculum to be correlated with other school programs including the school food service program;
(d) Current, scientifically accurate instructional materials;
(e) An economically sound project; and
(f) A comprehensive evaluation plan.
§15534. Procedure for Funding.
History
(a) Each application recommended by the California Department of Education may be approved for funding by the State Board of Education on or before June 15.
(b) Payment of expenses incurred by a child nutrition entity shall only be based on actual cost in accordance with the approved project budget.
HISTORY
1. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§15535. Procedure for Project Management.
History
Each child nutrition entity approved for funding shall establish a management procedure which shall include, but need not be limited to, the following:
(a) Any amendment or revision in the project program shall be approved by the California Department of Education (CDE). Requests shall be submitted to the Office of Curriculum Services, CDE, 1430 N Street, Sacramento, California 95814.
(b) Budget adjustments of 20 percent or more shall be approved in advance by the CDE. Requests for budget revisions shall be submitted to the Office of Curriculum Services, CDE, 1430 N Street, Sacramento, California 95814.
(c) Separate accounting records shall be maintained for each project which shall be in accordance with generally accepted accounting standards and the project budget. Files of supporting documentation shall include, but not be limited to, purchase orders, work orders, contracts, itemized invoices, and correspondence shall be maintained separately or otherwise identified for audit purposes.
(d) Project records shall be kept for at least three years after the close of the fiscal year in which the funds were expended or until the grantee is notified that such records are not needed for administrative review, whichever occurs first. On request, records shall be made available for inspection and verification.
(e) Any application for copyright of material developed under a project shall first be approved by the CDE.
(f) A child nutrition entity shall provide to the CDE a quarterly report on the progress of the project on forms prescribed by the State Superintendent of Public Instruction. Such reports shall be due on the 15th day of October, January, April, and July.
(g) An annual report shall be submitted within 90 days after the close of the state fiscal year. A final report for projects which extend for more than one fiscal year shall be due within 90 days after the project is completed. Such reports shall contain as a minimum a narrative summary of the project, statistical analysis, evaluation, and financial summary.
(h) On-site visits may be conducted at the discretion of the CDE which shall include, but not be limited to, fiscal audit, status of the project objectives, financial status, and summary of the evaluation data.
HISTORY
1. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
Article 4. School Lunch and Breakfast Programs
Note • History
This article is applicable to school lunch and breakfast programs operated by child nutrition entities under agreements made with the California Department of Education.
NOTE
Authority cited: Sections 33031 and 49531, Education Code.
HISTORY
1. New Article 4 (§§ 15550-15565) filed 5-28-76; effective thirtieth day thereafter (Register 76, No. 22).
2. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Change without regulatory effect amending section and Note filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
History
As used in this article:
(a) “Lunch Program” means a program operated by a child nutrition entity to provide pupils with a nutritionally adequate lunch.
(b) “Breakfast Program” a program operated by a child nutrition entity to provide pupils with any of the following: nutritionally adequate breakfast, basic breakfast, special breakfast.
(c) “Nutritionally Adequate Lunch or Nutritionally Adequate Breakfast” means a lunch or breakfast which meets or exceeds minimum food and nutrition requirements pursuant to section 15558.
(d) “Basic Breakfast” means a breakfast which meets or exceeds minimum food and nutrition requirements pursuant to section 15559.
(e) “Special Breakfast” means a breakfast which meets or exceeds minimum food and nutrition requirements pursuant to section 15560 and which provides eligibility to the child nutrition entity for increased reimbursement when offered in especially needy schools.
(f) “Especially Needy School” means a school which meets eligibility criteria established by the California Department of Education (CDE) and which may receive increased reimbursement for special breakfasts.
(g) “Child Nutrition Entity” means any school district, county superintendent of schools, private school, parochial school, local agency, or child development program operated pursuant to Chapter 2 (commencing with section 8200) of Part 6 of the Education Code eligible to participate in child nutrition programs authorized by the National School Lunch Act and/or the Child Nutrition Act of 1966, as amended.
(h) “CDE” means the California Department of Education.
(i) “Agreement” means the School Lunch Program Application-Agreement or the School Breakfast Program Application-Agreement between the child nutrition entity and the CDE for operation of a school lunch and/or breakfast program.
(j) “Child Nutrition Program” means any program authorized by state law, the National School Lunch Act or the Child Nutrition Act of 1966.
HISTORY
1. Amendment of subsection (g) filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
History
Pursuant to Section 49531 of the Education Code, any child nutrition entity may apply to the Department for all available federal and state funds for the purpose of providing a nutritionally adequate breakfast or lunch or both to pupils each school day. A State Child Nutrition Fund is created and continuously appropriated to the Department pursuant to Section 41311 of the Education Code for the purpose of providing financial assistance, subject to the availability of funds, for the administration and operation of child nutrition programs at the state and local levels.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
The Department shall be responsible for administration of child nutrition programs authorized by state law, the National School Lunch Act, and/or the Child Nutrition Act of 1966.
(a) To participate, the Department shall enter into a written agreement with the U.S. Department of Agriculture each fiscal/budget year to accept responsibility for the administration of child nutrition programs at the state level.
(b) To participate, each child nutrition entity shall enter into a written agreement with the Department each fiscal/budget year to accept responsibility for operation of a school lunch and/or breakfast program.
Agreement forms, provided by the Department, shall be submitted by the child nutrition entity to the Department at least 30 calendar days prior to the commencement date of school lunch and/or breakfast program operations. The child nutrition entity may renew this agreement on an annual basis by notice in writing submitted to the Department at least 30 days prior to expiration of the initial agreement. Subsequent renewal notices shall be submitted at least 30 days prior to expiration of the current agreement notice.
Each child nutrition entity shall be eligible for state and federal meal reimbursement after completing and submitting a School Lunch Program Application-Agreement and/or a School Breakfast Program Application-Agreement to the Department and upon receiving approval of the application-agreement(s).
(a) Each child nutrition entity shall submit a claim for reimbursement to the Department within 10 days after the close of each calendar month.
(b) If a child nutrition entity has not filed a claim within 30 days following the close of any calendar month, the department shall notify the entity of its failure to file such claim.
(c) Each child nutrition entity failing to submit a claim within 90 days after the close of any calendar month shall forfeit reimbursement for such month.
§15557. Responsibilities of Child Nutrition Entities.
Responsibilities of child nutrition entities shall include, but not be limited to:
(a) Development and implementation of goals and objectives to provide pupils with high quality food service programs.
(b) Implementation of policies, regulations and guidelines established by the Department for the management and operation of child nutrition programs.
(c) Planning, management and supervision of programs to insure that food service programs will become an integral part of the total educational program.
(d) Maintenance of records, preparation of reports, and submission of claims as required by state and federal regulations.
§15558. Requirements for Nutritionally Adequate Lunch or Breakfast.
A nutritionally adequate lunch or a nutritionally adequate breakfast shall contain, as a minimum, each of the following food components in the amount indicated as modified for age level pursuant to Section 15561:
(a) One-half pint of fresh, fluid milk as a beverage or on cereal or used in part for each purpose.
(b) Two ounces of lean meat, poultry, fish, or cheese; or one egg; or one-half cup of cooked dry beans or peas, or 4 tablespoons of peanut butter; or any equivalent quantity of any combination of the above listed foods or acceptable alternates. To be counted in meeting this requirement, such foods shall be served as a main dish or as part of a main dish plus one other menu item.
(c) Three-fourths cup of two or more vegetables or fruits, or both. Full-strength vegetable or fruit juice may be counted to meet not more than one-fourth cup of this requirement.
(d) One slice of whole grain or enriched bread; or an equivalent serving of cornbread, biscuits, rolls, tortillas, or acceptable alternates, made of whole grain or enriched flour or meal; or three-fourths cup or one-ounce serving of whole grain cereal or enriched or fortified cereal; or any equivalent quantity of any combination of these foods.
(e) One teaspoon of butter or fortified margarine.
§15559. Requirements for Basic Breakfast.
(a) A basic breakfast shall contain, as a minimum, each of the following food components in the amount indicated as modified for age level pursuant to Section 15561:
(1) One-half pint of fresh, fluid milk served as a beverage or on cereal or used in part for each purpose.
(2) One-half cup serving of fruit or full strength fruit or vegetable juice, or combination thereof.
(3) One slice of whole grain or enriched bread; or an acceptable alternate, made of whole grain or enriched meal or flour; or three-fourths cup or one-ounce serving of whole grain cereal or enriched or fortified cereal; or an equivalent quantity of any combination of these foods.
(b) Approved formulated grain fruit products, when served with 1/2 pint milk, constitutes a reimbursable breakfast when the use of regular food components is not possible.
§15560. Requirements for Special Breakfast.
A child nutrition entity providing a special breakfast shall be eligible for increased reimbursement when such breakfast is served in especially needy schools as determined by the Department. The breakfast shall contain, in addition to all components of the basic breakfast as specified in Section 15559: one ounce serving of meat, poultry, fish, cheese, or egg; or two tablespoons of peanut butter; or an equivalent combination of such foods. Each meal shall also contain at least one Vitamin C-rich food. This requirement may be modified for age level pursuant to Section 15561.
§15561. Modification of Nutrition Requirements.
The requirements of Sections 15558, 15559, and 15560 are established for children at age level 10-12, inclusive, and may be modified for other age levels in accordance with directives issued by the Department.
§15562. Meals Eligible for Reimbursement.
History
For purpose of meal reimbursement:
(a) Federal reimbursement may be claimed for:
(1) Lunches and/or breakfasts which meet requirements of Section 15558.
(2) Breakfasts which meet requirements of Section 15559 and Section 15560.
(b) State reimbursement may be claimed for:
(1) Lunches and/or breakfasts which meet requirements of Section 15558.
(2) Breakfasts served under the provisions of Education Code Section 41350(a) and which meet the requirements of Section 15559 or Section 15560.
(3) Breakfasts served under the provisions of Education Code Section 41350(b) are reimbursable when both a nutritionally adequate lunch and a basic breakfast are offered, or when a nutritionally adequate lunch and a special breakfast are offered. In either case they shall, together, provide at least one-half to two-thirds of the daily dietary allowance as determined by the Department.
(c) Federal and state reimbursements may be claimed for substitutions made, due to medical reasons, for any food components required by Sections 15558, 15559, and 15560, provided that such substitutions are authorized by a physician, in writing, and such authorizations are on file at the school.
HISTORY
1. Amendment of subsection (b) filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§15563. Meal Requirement for Needy Students.
History
For purposes of Sections 49550 and 49553 of the Education Code, a nutritionally adequate meal shall meet requirements for a nutritionally adequate lunch or breakfast pursuant to Section 15558.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§15564. Reimbursement Procedure.
(a) Eligible child nutrition entities may submit claims to the Department for reimbursement of each lunch and breakfast served to pupils provided such lunch and/or breakfast qualifies for reimbursement pursuant to Section 15562. Claims are to be submitted in accordance with the provisions of Section 15556.
(b) Claims shall be computed by utilizing the lesser of the following:
(1) Multiplying the total number of meals served to students in each reimbursement category by the current meal reimbursement rate, or
(2) Actual cash expenditures for food, labor, and other expenses of the food service program.
(c) Reimbursement claims shall be submitted on forms provided by the Department.
§15565. Notification of Changes in Reimbursement Rates.
Prior to July 15 the Department shall notify child nutrition entities regarding federal and state reimbursement rates for the current fiscal year. Prior to January 15 the Department shall notify child nutrition entities as to any changes in the federal reimbursement rates effective for the remainder of the current fiscal year.
Article 5. California Fresh Start Pilot Program
Note • History
This article specifies the policies and requirements of the California Fresh Start (CFS) Pilot Program to promote the consumption of fresh fruits and vegetables by schoolage children and to provide supplemental State reimbursement for breakfast meals served that meet the requirements of the CFS Pilot Program.
NOTE
Authority cited: Sections 33031 and 49565.8, Education Code. Reference: Section 49565, Education Code.
HISTORY
1. New article 5 (sections 15566-15569) and section filed 3-16-2006 as an emergency; operative 3-16-2006 (Register 2006, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-14-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer of article 5 (sections 15566-15569) and repealer of section by operation of Government Code section 11346.1(g) (Register 2006, No. 29).
3. New article 5 (sections 15566-15569) and section filed 7-21-2006 as an emergency; operative 7-21-2006 (Register 2006, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-20-2006 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-21-2006 order transmitted to OAL 7-19-2006 and filed 8-30-2006 (Register 2006, No. 35).
Note • History
As used in this article and the CFS Pilot Program, the term:
(a) “After school” means following the end of the school day. For kindergarten pupils, “after school” means following the end of a morning or afternoon session.
(b) “Deep-fried” means any fruit or vegetable cooked by total submersion in oil or fat.
(c) “Department” means the California Department of Education.
(d) “Funds” means program reimbursement provided by the Department pursuant to provisions of the CFS Pilot Program.
(e) “Fresh fruits or vegetables” means whole or portioned fruits or vegetables, including, but not limited to, those that are minimally processed.
(f) “Fruit” means ripened seed-bearing part of a plant developed from a flower, usually considered to be sweet and fleshy, as in apples, oranges, plums or strawberries.
(g) “Fruit bar” means a self-service counter featuring an array of fruits.
(h) “Give priority to” means that fresh fruits or vegetables shall be served unless they are not reasonably available on a commercial basis within program funds.
(i) “Grab and Go” means food that is packaged in a bag, box, or other container that can be picked up quickly and eaten “on the go.”
(j) “Juice” means the extractable liquid that is contained in fruits or vegetables. Any liquid or frozen product labeled “juice,” “full-strength juice,” “100 percent juice,” “single-strength juice,” or “reconstituted juice” is included in this definition.
(k) “Meal” means breakfast, as defined in 7 CFR 220.2(b).
(l) “Minimally processed” means fruits and vegetables prepared and handled to maintain their fresh nature while providing convenience to the user by pre-cleaning, washing, trimming, coring, slicing, shredding, and other similar actions. Other terms used to refer to minimally processed products are “lightly processed,” “partially processed,” “fresh processed,” and “prepared.”
(m) “Nonprofit [school] food service” means all food service operations conducted by the School Food Authority principally for the benefit of school children, all of the revenue from which is used solely for the operation or improvement of such food service.
(n) “Nutrition education” means a broad range of activities that promote and enable healthy eating behaviors.
(o) “Nutritious fruits or vegetables” means fruits or vegetables that are fresh, or that are canned, dried, or frozen. Fruits or vegetables that are canned, dried or frozen shall contain no added sweeteners other than 100 percent fruit juice.
(p) “School Breakfast Program” (SBP) means the federal program operated pursuant to 7 CFR 220.
(q) “Serving” means an amount of fruit(s) and/or vegetable(s), equal to one half (1/2) cup or as referenced in Charts 2A and B of the USDA Food Buying Guide for Child Nutrition Programs (2001 edition), which is incorporated by reference.
(r) “Site” means a public elementary school, middle school, junior high school, or high school, including a charter school, in California, operating classes for pupils in a single building or complex of buildings, or any public classes of preprimary grade when they are conducted in the aforementioned school that participate in the School Breakfast Program.
(s) “Supplant” means “to substitute for” and/or “take the place of.”
(t) “Supplement” means (1) an additional serving to the number of fruit or vegetable servings provided in the SBP prior to claiming CFS Pilot Program reimbursement, or (2) increasing, by no less than 90 percent of the CFS Pilot Program reimbursement, the total expenditure for nutritious fruits or vegetables served as part of a SBP.
(u) “Tasting and Sampling” means offering a taste or small portion of fresh fruits and/or vegetables to pupils not as part of the SBP or National School Lunch Program (NSLP).
(v) “Universal classroom breakfast” means providing all children breakfast in the classroom at no charge.
(w) “Vegetable” means a plant cultivated for an edible part, such as the root, stem, leaf, or flower, such as spinach, broccoli or carrot.
NOTE
Authority cited: Sections 33031 and 49565.8, Education Code. Reference: Sections 49534 and 49565, Education Code; and Title 7 CFR Parts 220.
HISTORY
1. New section filed 3-16-2006 as an emergency; operative 3-16-2006 (Register 2006, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-14-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2006, No. 29).
3. New section filed 7-21-2006 as an emergency; operative 7-21-2006 (Register 2006, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-20-2006 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-21-2006 order, including amendment of subsections (e), (j), (o) and (u), transmitted to OAL 7-19-2006 and filed 8-30-2006 (Register 2006, No. 35).
§15568. Requirements for Participation.
Note • History
All school districts and charter schools that operate a SBP are eligible to participate in the CFS Pilot Program. To receive reimbursement, the school district or charter school shall:
(a)(1) Provide one or more supplemental servings of nutritious fruits or vegetables, or both, at breakfast, at no additional charge to a pupil and give priority to serving fresh fruits or vegetables;
(2) If already serving two nutritious fruits and/or vegetables at a site during breakfast, the district or charter school may provide one to two servings of nutritious fruits or vegetables for after school snacks. Such snacks do not need to be provided through the NSLP, but if they are, serving size requirements may differ from the one-half (1/2) cup required for the CFS Pilot Program.
(b) Spend at least 90 percent of the CFS Pilot Program funding received on the direct purchase of nutritious fruits or vegetables, or both, and give priority to purchasing fresh fruits or vegetables while adhering to state and federal procurement requirements.
(c) Not spend any of the funding for the purchase of juice or for the provision of fruits and vegetables that have been deep fried.
(d) Provide data as required by the independent evaluator pursuant to Education Code section 49565.7(b).
(e) Expend the CFS Pilot Program reimbursement funds only for the benefit of participating school sites.
(f) Claim reimbursement only for meals that provide at least one serving of a nutritious fruit and/or vegetable that is not juice or a fruit or vegetable that has been deep fried. Reimbursement can be claimed for meals served on all or some school days.
(g) Promote the consumption of California-grown fruits and vegetables through the tasting and sampling of nutritious fruits and vegetables as part of nutrition education at school sites participating in the CFS Pilot Program. Strategies for nutrition education that include tasting and sampling of nutritious fruits or vegetables, or both, may include, but are not limited to:
(1) Educational sampling and tasting supported with nutrition education.
(2) An offering of fruits or vegetables in the classroom that is reinforced with nutrition and agricultural bulletins.
(3) A monthly school campus farmers' market that highlights California fruits and vegetables for the student body to sample and taste, including:
(A) Demonstration markets that allow students or school-sponsored organizations to sell and offer samples of California's fruits and vegetables, obtained by the school, school district, or school organization directly from farmers to students.
(B) Certified farmers' markets operated by, or in coordination with, students or school-sponsored organizations, on school grounds, in compliance with applicable state statutes and regulations.
(4) A produce sampling program that supports a school garden's harvest through additional purchases of local, in-season fruits or vegetables to be used for a sampling and tasting program for the school campus featuring what is growing in the school garden.
NOTE
Authority cited: Sections 33031 and 49565.8, Education Code. Reference: Sections 49565, 49565.1, 49565.2, 49565.3, 49565.4 and 49565.6, Education Code.
HISTORY
1. New section filed 3-16-2006 as an emergency; operative 3-16-2006 (Register 2006, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-14-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2006, No. 29).
3. New section filed 7-21-2006 as an emergency; operative 7-21-2006 (Register 2006, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-20-2006 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-21-2006 order, including amendment of section, transmitted to OAL 7-19-2006 and filed 8-30-2006 (Register 2006, No. 35).
§15569. Strategies. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031 and 49565.8, Education Code. Reference: Section 49565.5, Education Code.
HISTORY
1. New section filed 3-16-2006 as an emergency; operative 3-16-2006 (Register 2006, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-14-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2006, No. 29).
3. New section filed 7-21-2006 as an emergency; operative 7-21-2006 (Register 2006, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-20-2006 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-21-2006 order, including repealer of section, transmitted to OAL 7-19-2006 and filed 8-30-2006 (Register 2006, No. 35).
Article 6. Food and Beverage Requirements Outside of the Federal School Meal Programs
§15575. Definitions for Foods.
Note • History
As used in this article, the term:
(a) “Dairy” means a food made from milk with the exception of cheese packaged for individual sale.
(b) “Entree item” means a food generally regarded as the primary food in a meal and contains:
(1) Two or more of the following groups: meat/meat alternate, grain/bread, vegetable/fruit that are eaten together (e.g., turkey sandwich, pizza, hamburger on a bun, bean burrito, chef's salad, fruit and cheese platter, baked potato with chili, chicken vegetable stir-fry, veggie sandwich), or
(2) A meat/meat alternate alone (e.g., sausage patty, egg, chicken nuggets), excluding nuts, nut butters, seeds, cheese, and yogurt.
(c) “Exempt foods” means nuts, nut butters, seeds, eggs, cheese packaged for individual sale, fruits, vegetables that have not been deep fried, and legumes that do not contain added sugars or fat, and
(1) Fruit that is dried and contains added sugar is exempt only if the added sugar is part of the dehydration process or added as dextrose to prevent caking and maintain flowability.
(2) Fruit that is canned or frozen is exempt only if it contains no added sugar other than 100 percent fruit juice.
(d) “Full meal” means any combination of food items that meet the United States Department of Agriculture (USDA) approved School Breakfast Program or National School Lunch Program meal pattern requirements found in 7 CFR 210.10 or 220.8.
(e) “Meat/meat alternates,” “grain/breads,” and “vegetables/fruits” mean those described in the USDA's Food Buying Guide for Child Nutrition Programs (2001 edition) Sections 1, 2, and 3, which is incorporated by reference.
(f) “Non-exempt foods” means foods other than nuts, nut butters, seeds, eggs, cheese packaged for individual sale, fruits, vegetables that have not been deep fried, and legumes that do not contain added sugars or fat.
(g) “Whole grain” means, but is not limited to, whole wheat flour, graham flour, cracked wheat, crushed wheat, wheat berries, entire wheat flour, whole durum flour, whole oats, oat groats, oatmeal, rolled oats, whole corn, whole grain cornmeal, popcorn, brown rice, brown rice flour, wild rice, whole rye, whole rye flour, dehulled barley, dehulled barley flour, whole grain barley, whole grain barley flour, buckwheat groats, whole buckwheat flour, bulgur (cracked wheat), whole millet, whole millet flour, whole quinoa, whole quinoa flour, whole spelt, whole spelt flour, whole sorghum (milo), whole sorghum flour, whole triticale, whole triticale flour.
(h) “Whole grain food item” means:
(1) For purchased grain or bread products:
(A) A product that contains the following statement: “Diets rich in whole grain foods and other plant foods and low in total fat, saturated fat, and cholesterol, may help reduce the risk of heart disease and certain cancers”, or
(B) The first listed grain ingredient is a whole grain, or
(C) If the first listed ingredient is not specifically identified as a whole grain, documentation has been obtained within the previous 12 months from the manufacturer that lists whole grains, which, when combined, shall represent at least 51 percent of the weight of the total grains in the product.
(2) For grain or bread products prepared by schools:
(A) The weight of the whole grains shall represent at least 51 percent of the total grain weight of the product.
NOTE
Authority cited: Section 33031, Education Code; Reference: Sections 49430, 49431 and 49431.2, Education Code; and 7 CFR Parts 210.10 and 220.8.
HISTORY
1. New article 6 (sections 15575-15578) and section filed 8-4-2008; operative 9-3-2008 (Register 2008, No. 32).
§15576. Definitions for Beverages.
Note • History
As used in this article the term:
(a) “Beverage” means any potable liquid.
(b) “Electrolyte replacement beverage” means a potable liquid that meets all of the following requirements:
(1) Water as the first ingredient.
(2) Contains no more than 2.1 grams of added sweetener per fluid ounce.
(3) Contains at least 10 milligrams but no more than 150 milligrams of sodium per 8 ounces.
(4) Contains at least 10 milligrams but no more than 90 milligrams of potassium per 8 ounces.
(5) Contains no added caffeine.
(c) “Milk” means cow's or goat's milk that:
(1) Contains Vitamin A, Vitamin D, and at least 25 percent of the FDA-established Daily Value (DV) for calcium per 8 ounces.
(2) Contains no added sweeteners exceeding 28 grams of total sugars per 8 ounces.
(3) Is two-percent fat milk, one-percent fat milk, or nonfat milk.
(d) “Non-dairy milk” alternative (e.g., rice milk, soy milk) means a beverage that:
(1) Contains Vitamin A, Vitamin D and at least 25 percent of the DV for calcium per 8 ounces,
(2) Contains no added sweeteners exceeding 28 grams of total sugars per 8 ounces, and
(3) Contains no more than 5 grams of fat per 8 ounces.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 49431.5, Education Code; and Sections 38181, 38191 and 38211, Food and Agricultural Code.
HISTORY
1. New section filed 8-4-2008; operative 9-3-2008 (Register 2008, No. 32).
§15577. Food and Beverages Restrictions.
Note • History
As used in this article the term:
(a) “Caloric restriction” means:
(1) In elementary schools, no more than 175 calories per item.
(2) In middle, junior, or high schools, no more than 250 calories per item for a snack item and no more than 400 calories per item for an entrée item.
(b) “Fat restriction” means no more than 35 percent of calories from fat.
(c) “Saturated fat restriction” means no more than 10 percent calories from saturated fat.
(d) “Sugar restriction” means no more than 35 percent sugar by weight.
(e) “Sugar” means all free mono- and disaccharides, such as glucose, fructose, lactose, and sucrose.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 49430, 49431 and 49431.2, Education Code; and 21 CFR Part 101.9(c)(6)(ii).
HISTORY
1. New section filed 8-4-2008; operative 9-3-2008 (Register 2008, No. 32).
Note • History
(a) Any food items appearing together on a menu and sold together as if they were a single food item, and typically combined for simultaneous consumption (e.g., pita with hummus, salad with dressing, chicken patty on a bun), shall be considered as one item for compliance (1) with the fat restriction, saturated fat restriction, sugar restriction and caloric restriction for a snack item or (2) with the fat restriction and caloric restriction for an entrée item.
(b) All non-exempt food items for sale must meet the fat restriction, saturated fat restriction, sugar restriction and caloric restriction for a snack item or the fat restriction and caloric restriction for an entrée item.
(c) A food item for sale containing non-exempted foods or ingredients combined with fruits, vegetables, nuts, nut butters, seeds, eggs, or legumes shall comply with the restrictions for non-exempted foods as described in section 15578(b).
(d) A food item for sale containing solely a mix of exempted foods is exempt from the fat restriction, saturated fat restriction, sugar restriction and caloric restriction.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 49430, 49431 and 49431.2, Education Code.
HISTORY
1. New section filed 8-4-2008; operative 9-3-2008 (Register 2008, No. 32).
Chapter 16. Governing Boards of School Districts
Subchapter 1. Contracts with Federal Agencies
Article 1. Approval of Contracts
§16000. Approval of Contracts with Federal Agency.
Note • History
The governing board of a school district shall not execute or complete any contract, agreement or arrangement with any agency of the Federal Government for any loan or advance to aid in financing the cost of architectural, engineering, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other action preliminary to school plant construction until the Bureau of School Facilities Planning, California Department of Education (CDE) shall have given said board its approval, in writing, of the school plant construction on account of which such loan or advance is desired as conforming to the over-all state policy for school plant construction.
Such approval shall include the following conditions:
(a) No payment due an architect or engineer under a contract between the governing board of a school district and the architect or engineer for the completion of preliminary plans which are subject to the approval of the Bureau of School Planning, CDE, shall be made from funds lent or advanced by any agency of the Federal Government until such preliminary plans bear the written approval of said bureau.
(b) No final payment for completion of plans and specifications by the architect and engineer under the contract between the school district and the architect and engineer from funds lent or advanced by any agency of the Federal Government shall be made without the written approval of the Department of General Services required by Article 3 of Chapter 2 of Part 23 of the Education Code.
NOTE
Authority cited: Sections 33113 and 33114, Education Code.
HISTORY
1. New Chapter 1 (§§ 16000 and 16001) filed 12-18-69; effective thirtieth day thereafter (Register 69, No. 51).
2. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Change without regulatory effect amending first paragraph, subsection (a) and Note filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§16001. Contracts with Federal Agency by School District or County Superintendent of Schools. [Repealed]
Note • History
NOTE
Authority cited: Section 33113, Education Code. Reference: Sections 33113 and 33114, Education Code.
HISTORY
1. Repealer filed 12-14-83; effective thirtieth day thereafter (Register 83, No. 51).
Subchapter 2. Destruction of Records of School Districts
Article 1. General Provisions
§16020. Definition of Records.
Note • History
(a) As used in this article, “records” means all records, maps, books, papers, and documents of a school district required by law to be prepared or retained or which are prepared or retained as necessary or convenient to the discharge of official duty.
NOTE
Authority cited: Section 35253, Education Code. Reference: Sections 35250-35255, Education Code.
HISTORY
1. New Chapter 2 (§§ 16020-16030) filed 2-24-70; effective thirtieth day thereafter (Register 70, No. 9).
2. Amendment of subsection (b)(2) filed 2-18-71; effective thirtieth day thereafter (Register 71, No. 8).
3. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
4. Amendment filed 12-14-83; effective thirtieth day thereafter (Register 83, No. 51).
§16021. Scope of Chapter. [Repealed]
History
HISTORY
1. Repealer filed 12-14-83; effective thirtieth day thereafter (Register 83, No. 51).
§16022. Classification of Records.
Note • History
(a) Prior Year Records. Before January 1, the district superintendent (or a person designated by the district not employing a superintendent) shall review documents and papers originating during the prior school year and classify them as Class 1--Permanent, Class 2--Optional, or Class 3--Disposable.
(b) Continuing Records. Records of a continuing nature, i.e., active and useful for administrative, legal, fiscal, or other purposes over a period of years, shall not be classified until such usefulness has ceased. A pupil's cumulative record, if not transferred, is a continuing record until the pupil ceases to be enrolled in the district.
(c) Microfilm Copy. Whenever an original record is photographed, microphotographed, or otherwise reproduced on film, the copy thus made is hereby classified as Class 1--Permanent. The original record, unless classified as Class 2--Optional, may be classified as Class 3--Disposable and may then be destroyed in accordance with this chapter if the following conditions have been met:
(1) The reproduction was accurate in detail and on film of a type approved for permanent, photographic records by the United States Bureau of Standards.
(2) The superintendent has attached to or incorporated in the microfilm copy his signed and dated certification of compliance with the provisions of Section 1531 of the Evidence Code.
(3) The microfilm copy was placed in a conveniently accessible file, and provision was made for preserving permanently, examining and using same.
(d) Any “historical inventory of equipment” shall be a continuing record as provided in subdivision (b) and shall not be subject to classification for retention or destruction until the inventory is superseded or until the equipment is removed from district ownership.
NOTE
Authority cited: Section 35253, Education Code. Reference: Sections 35168 and 35254, Education Code.
HISTORY
1. Amendment filed 12-14-83; effective thirtieth day thereafter (Register 83, No. 51).
Article 2. Period of Retention
§16023. Class 1--Permanent Records.
Note • History
The original of each of the records listed in this section, or one exact copy thereof when the original is required by law to be filed with another agency, is a Class 1--Permanent record and shall be retained indefinitely, unless microfilmed in accordance with Section 16022(c).
(a) Annual Reports.
(1) Official budget.
(2) Financial report of all funds, including cafeteria and student body funds.
(3) Audit of all funds.
(4) Average daily attendance, including Period 1 and Period 2 reports.
(5) Other major annual reports, including:
(A) Those containing information relating to property, activities, financial condition, or transactions.
(B) Those declared by board minutes to be permanent.
(b) Official Actions.
(1) Minutes of the Board or Committees Thereof, including the text of a rule, regulation, policy, or resolution not set forth verbatim in the minutes but included therein by reference only.
(2) Elections, including the call, if any, for and the result (but not including detail documents, such as ballots) of an election called, conducted or canvassed by the governing board for a board member, his recall, issuance of bonds incurring any long-term liability, change in maximum tax rates, reorganization, or any other purpose.
(3) Records transmitted by another agency that pertain to that agency's action with respect to district reorganization.
(c) Personnel Records.
(1) Employees.
(A) All detail records relating to employment, assignment, amounts and dates of service rendered, termination or dismissal of an employee in any position, sick leave record, rate of compensation, salaries or wages paid, deductions or withholdings made and the person or agency to whom such amounts were paid. In lieu of the detail records, a complete proven summary payroll record for every employee of the school district containing the same data may be classified as Class 1--Permanent, and the detail records may then be classified as Class 3--Disposable.
(B) Information of a derogatory nature as defined in Education Code Section 44031 shall be Class 1--Permanent only after it becomes final. This information becomes final when:
1. The time for filing a grievance has lapsed, or
2. The document has been sustained by the grievance process.
(C) Information of a derogatory nature as defined in Education Code Section 44031 shall be Class 3--Disposable if prior to the effective date of this section the document was subject of grievance process and was not sustained.
(2) Pupils.
(A) The records of enrollment and scholarship for each pupil required by Section 432.
(B) All records pertaining to any accident or injury involving a minor for which a claim for damages has been filed as required by law, including any policy of liability insurance relating thereto, except that these records cease to be Class 1--Permanent records one year after the claim has been settled or the statute of limitations has run.
(d) Property Records. All detail records relating to land, buildings, and equipment. In lieu of such detail records, a complete property ledger may be classified as Class 1--Permanent, and the detail records may then be classified as Class 3--Disposable, if the property ledger includes:
(1) All fixed assets.
(2) An equipment inventory.
(3) For each unit of property, the date of acquisition or augmentation, the person from whom acquired, an adequate description or identification, and the amount paid, and comparable data if the unit is disposed of by sale, loss, or otherwise.
NOTE
Authority cited: Section 35253, Education Code. Reference: Section 35253, Education Code.
HISTORY
1. Amendment of subsection (c)(2)(A) filed 9-27-76; effective thirtieth day thereafter (Register 76, No. 40).
2. Amendment of subsection (c)(1) filed 5-31-78; effective thirtieth day thereafter (Register 78, No. 22). Issuing agency: State Board of Education.
3. Amendment filed 12-14-83; effective thirtieth day thereafter (Register 83, No. 51).
§16024. Class 2--Optional Records.
Note • History
Any record worthy of temporary preservation but not classified as Class 1-Permanent may be classified as Class 2-Optional and shall then be retained until reclassified as Class 3-Disposable. If the superintendent and governing board agree that classification should not be made by the time specified in section 16022, all records of the prior year may be classified as Class 2-Optional pending further review and classification within one year.
NOTE
Authority cited: Section 35253, Education Code. Reference: Section 35253, Education Code.
HISTORY
1. Amendment filed 12-14-83; effective thirtieth day thereafter (Register 83, No. 51).
2. Editorial correction of printing error restoring dropped text (Register 91, No. 29).
§16025. Class 3--Disposable Records.
History
All records not classified as Class 1--Permanent or Class 2--Optional shall be classified as Class 3--Disposable, including but not limited to detail records relating to:
(a) Records Basic to Audit, including those relating to attendance, average daily attendance, or a business or financial transaction (purchase orders, invoices, warrants, ledger sheets, cancelled checks and stubs, student body and cafeteria fund records, etc.), and detail records used in the preparation of any other report. Teachers' registers may be classified as Class 3--Disposable only if all information required in Section 432 is retained in other records or if the General Record pages are removed from the register and are classified as Class 1--Permanent.
(b) Periodic Reports, including daily, weekly, and monthly reports, bulletins and instructions.
HISTORY
1. Repealer of subsection (c) filed 2-18-71; effective thirtieth day thereafter (Register 71, No. 8).
2. Amendment filed 9-27-76; effective thirtieth day thereafter (Register 76, No. 40).
History
A Class 3--Disposable record shall not be destroyed until after the third July 1 succeeding the completion of the audit required by Education Code Section 41020 or of any other legally required audit, or after the ending date of any retention period required by any agency other than the State of California, whichever date is later. A continuing record shall not be destroyed until the fourth year after it has been classified as Class 3--Disposable.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Amendment filed 12-6-77; effective thirtieth day thereafter (Register 77, No. 50).
§16027. Destruction of Records.
Note • History
Unless otherwise specified in this chapter, all Class 3--Disposable records shall be destroyed during the third school year after the school year in which they originated (e.g., 1976-77 records may be destroyed after July 1, 1980).
NOTE
Authority cited: Section 35253, Education Code. Reference: Section 35253, Education Code.
HISTORY
1. Amendment filed 12-14-83; effective thirtieth day thereafter (Register 83, No. 51).
§16028. Transfer of Records. [Repealed]
History
HISTORY
1. Amendment of subsections (a) and (b) filed 9-27-76; effective thirtieth day thereafter (Register 76, No. 40).
2. Repealer filed 12-14-83; effective thirtieth day thereafter (Register 83, No. 51).
Article 3. Steps in Destruction [Repealed]
NOTE
Authority cited: Section 35253, Education Code. Reference: Sections 35250-35255, Education Code.
HISTORY
1. Repealer of Article 3 (Sections 16029-16030) filed 11-9-79; effective thirtieth day thereafter (Register 79, No. 45).
Subchapter 2.5. Historical Inventory of Equipment
Note • History
(a) As used in this article, “historical inventory of equipment,” herein referred to as inventory, means a list, a card file, or electronic data-processed information containing the description, name, identification numbers and original cost of all items of district-owned equipment whose current market value exceeds $200 per item (or exceeds any lesser amount approved by the local governing board), the date of acquisition, the location of use, and the date and mode of disposal.
(b) Any other system in use in a school district on June 30, 1973, may be approved by the State Superintendent of Public Instruction after due consideration of the requirements and suggestions in the State manuals, Administration of School Risk Management Program and California School Accounting, 1976.
(c) Any “historical inventory of equipment” shall be a continuing record as provided in Section 16022(d) herein and shall not be subject to classification for retention or destruction until the inventory is superseded or until the equipment is removed from district ownership.
NOTE
Authority cited for Chapter 2.5 (Sections 16035 and 16036); Section 35168, Education Code.
HISTORY
1. New Chapter 2.5 (Sections 16035 and 16036) filed 3-22-74; effective thirtieth day thereafter (Register 74, No. 12).
2. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Repealer of Article 1 heading only filed 9-13-84; effective thirtieth day thereafter (Register 84, No. 37).
Note • History
NOTE
Authority cited: Sections 33031 and 35168, Education Code. Reference: Section 35168, Education Code.
HISTORY
1. Repealer of Article 2 heading and Section 16036 filed 9-13-84; effective thirtieth day thereafter (Register 84, No. 37). shall be kept as a Class 3 record and shall be destroyed only in accordance with Section 16026.
Subchapter 3. School Libraries
Article 1. School Library Services
Note • History
(a) “School library services” include, but are not limited to, the provision, organization, and utilization of materials and related activities supportive of the educational requirements prescribed by law and by the school districts which may include the following:
(1) Library Instruction--Provide instruction to students that will enable them to become proficient users of library resources; and provide inservice training for teachers.
(2) Curriculum Development--Provide information to teachers and administrators concerning sources and availability of instructional materials that will aid in the development of school curriculum; team with classroom teachers to develop units of instruction and activities using library resources in the instructional programs.
(3) Materials Selection--Provide assistance to teachers and students in the evaluation, selection, production, and uses of instructional materials.
(4) Access to Materials and Information Resources--Provide a collection of materials and resources that support the curriculum and are appropriate for user needs. Plan a functional system, procedures, and services for maximum utilization of resources.
(5) Professional Development--Assist teachers, administrators, and other school staff members in becoming knowledgeable and current concerning appropriate uses of library media services, materials and equipment.
(b) A “School Library” is an area or group of areas where a program of information sources, associated equipment, and services from appropriate staff are accessible to pupils and school personnel and may be identified by each school district by any title which is descriptive of its function such as Learning Resource Center, Library Media Center, or Instructional Materials Center.
NOTE
Authority cited: Sections 18101 and 33031, Education Code. Reference: Section 18100, Education Code.
HISTORY
1. New Chapter 3 (§§ 16040-16043) filed 3-24-72; effective thirtieth day thereafter (Register 72, No. 13).
2. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Amendment filed 9-23-85; effective thirtieth day thereafter (Register 85, No. 39).
§16041. Content of School Libraries.
Note • History
Each school district may provide in its libraries books, reference books, periodicals, photographs, pictorial or graphic works, maps, charts, globes, sound recordings, films, filmstrips, kinescopes, video tapes, videodiscs, video cassette recorders, other printed or audio visual materials, and high technology systems such as computers approved for use in the schools by the governing board pursuant to Article 1 (commencing with Section 18100) of Chapter 2 of Part 11 of the Education Code.
NOTE
Authority cited: Sections 18101 and 33031, Education Code. Reference: Sections 18100, 18131 and 18170, Education Code.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Amendment filed 9-23-85; effective thirtieth day thereafter (Register 85, No. 38).
§16042. Services for Pupils and Teachers.
Opportunity is to be afforded pupils to borrow school library materials at no charge for use in the district's libraries, classrooms and out-of-school. A school district shall make no charge for the late return of library materials unless authorized to do so by the governing board of such district. Pupils and teachers are assisted in the selection and use of school library materials.
§16043. Duties of Library Personnel.
History
Persons employed by a school district as school librarians, assisted by other certificated personnel where deemed necessary, are responsible to perform the duties assigned by the school district governing board, including, but not limited to, supplementing classroom instruction, helping and instructing pupils in the choice and use of library materials, planning and coordinating school library programs with the instructional programs of a school district, selecting materials for school libraries, and conducting a planned course of instruction for those pupils who assist in the operation of school libraries, subject to such policies, rules and regulations as may be established by the governing board for the operation and utilization of school libraries. Classified personnel assigned school library duties are to be under the supervision of certificated personnel; instructional aides assigned to school libraries are subject to the provisions of Education Code Sections 45340 through 45349; pupils are under the supervision of certificated personnel.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Chapter 17. County Superintendents
Subchapter 1. Duties of the County Superintendent
Article 1. Services to School Districts and the California Department of Education
§17101. Definition of “Under Review.”
Note • History
For the purposes of ensuring the use and sufficiency of state adopted textbooks and instructional materials and standards-aligned textbooks and instructional materials that are adopted by local governing boards, pursuant to Section 1240(i)(3) of the Education Code, schools “under review” are schools undergoing interventions pursuant to Sections 52055.5(b)(2), 52055.51, or 52055.650(e) of the Education Code.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 1240, 52055.5, 52055.51, 52055.640 and 52055.650, Education Code.
HISTORY
1. Amendment of article heading and new section filed 6-8-2005; operative 6-8-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 23).
Article 2. Reports to the State Department of Education [Repealed]
NOTE
Authority cited: Section 1243, Education Code. Reference: None.
HISTORY
1. New Chapter 1 filed 2-24-70; effective thirtieth day thereafter (Register 70, No. 9).
2. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Repealer of Article 2 (Section 17220) filed 11-9-79; effective thirtieth day thereafter (Register 79, No. 45).
Subchapter 2. Fiscal Responsibilities of the County Superintendent
Article 1. Report of Miscellaneous Funds Pursuant to Education Code Section 17606
Note • History
The county superintendent of schools shall report on or before August 1st of each year the amount of miscellaneous funds which each district under his jurisdiction has received and which has been deposited to the credit of the general fund of the district during the preceding fiscal year. The report shall be made on forms prescribed by the Superintendent of Public Instruction.
NOTE
Authority cited for Article 1: Section 41604, Education Code. Issuing agency: Superintendent of Public Instruction.
HISTORY
1. New Chapter 2 (§§ 17260-17262, 17270-17278, 17280-17283, 17290-17292, 17300-17308, 17320-17322, 17340-17347, 17360-17363) filed 2-24-70; effective thirtieth day thereafter (Register 70, No. 9).
2. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
History
Miscellaneous funds as defined in Education Code Section 41604 which shall be reported by a county superintendent include but are not limited to:
(a) Payments by the federal, state, county or city government or any agency of any such government that are payments in lieu of taxes. (State tax relief subventions for homeowners and business inventory tax relief are not “payments in lieu of taxes.”)
(b) Payments by the federal, state, county or city government or by any private individual, partnership, company, or corporation of all or a portion of the royalties and bonuses received from the operation of any law or under the terms of any agreement.
(c) Payments by any governmental agency, private individual, partnership, company or corporation for rental of property owned by the school district and not on the tax rolls of the district in an amount that exceeds the actual expense of operating and maintaining the property.
(d) Payments received from or on account of school district property or any other property within the district or State not being assessed for tax purposes and not being used for school purposes.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§17262. Funds Not to Be Included.
History
Miscellaneous funds as defined in Education Code Section 41604 do not include:
(a) Payments of federal forest reserve funds.
(b) Payments of Indian education reimbursement funds.
(c) Payments for tuition of nonresident pupils attending the schools of the district.
(d) Payments from the Veterans Administration for services rendered to veterans.
(e) Payments received as a part of any state apportionment made under the provisions of the Education Code or as a part of any federal-state apportionment for vocational type courses.
(f) Payments received as interest from cash on deposit and investments in United States bonds.
(g) Payments received for sale of property or from insurance indemnities.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Article 2. Allowances for Emergency Purposes
Note • History
The provisions of this article prescribed the conditions under which allowances will be made to meet conditions of an emergency nature requiring one or more of the following:
(a) The establishment and maintenance of emergency elementary schools.
(b) The providing of emergency teachers to regular elementary schools.
(c) The providing of emergency transportation to regular elementary schools.
(d) Emergency apportionments to school districts.
NOTE
Authority cited for Article 2: Section 14050(f), Education Code. Issuing agency: Superintendent of Public Instruction.
HISTORY
1. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
For the purpose of granting allowances to meet emergency conditions, an “emergency” is an extraordinary condition not of a continuing or permanent nature that cannot be met with the available funds of a school district, or from funds to be apportioned to the school district from the State School Fund during the then current fiscal year, or from other available funds.
§17272. Allowances for Emergency Elementary Schools.
History
The direct operation of education programs, which may be financed in part by allowances from the county school service fund, is limited to emergency elementary schools for normal pupils, as authorized by Section 1920 of the Education Code.
The proposed expenditures by county superintendents for such emergency elementary schools shall be submitted on the annual budget forms as prescribed by the Superintendent of Public Instruction. Such expenditures as are properly justified will be approved as a part of the county school service fund budget. Allowances of service funds to the counties, when expenditures exceed the regular state allowances and other available funds, will be made only on a reimbursement basis following actual expenditure. Claims for reimbursement shall be presented on forms prescribed by the Superintendent of Public Instruction.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§17273. Other Emergency Financial Aid to School Districts.
History
Emergency financial aid may be granted to school districts, other than by the direct operation of education programs, as follows:
(a) Employment of emergency teachers for assignment to school districts for the instruction of normal pupils, as authorized by subdivision (b) of Section 1920 of the Education Code.
(b) Payment of transportation costs for normal pupils attending elementary schools, as authorized by subdivision (c) of Section 1920 of the Education Code.
(c) Apportionment to districts for current expense, as authorized by subdivision (a) of Section 1602 of the Education Code.
(d) Apportionment to districts for transportation of pupils to and from school to meet temporary emergency conditions, as authorized by subdivision (b) of Section 1602 of the Education Code.
(e) Tuition to high school districts for the education of pupils residing on military reservations, as authorized by Sections 37106-37111 of the Education Code.
(f) Apportionment to districts with resident cerebral palsied minors who attend special schools or classes in other districts if such districts of residence are financially unable to pay the tuition charges of the districts of attendance, as authorized by Section 56720 of the Education Code.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§17274. Allowances for Emergency Financial Aid.
Proposed expenditures and apportionments for emergency financial aid described in Section 17273 shall be submitted on the annual budget forms as prescribed by the Superintendent of Public Instruction. A detailed statement of the emergency existing, the cause or reason for the emergency, and the need for an allowance shall be provided. Subsequent to the actual expenditure, a claim for reimbursement shall be presented on Form J-4, “Claim for Reimbursement for the County School Service Fund.”
§17275. Use of Funds of Suspended School Districts.
No allowances shall be made from the county school service funds for the operation of emergency schools for normal pupils located in a suspended district until all existing funds of the suspended school district are exhausted.
§17276. Use of Forest Reserve Funds.
When proposing an allowance from the county school service funds for emergency financial aid to a school district eligible to receive county forest reserve school funds, certification shall be made by the county superintendent of schools that an apportionment from the latter funds is not possible.
§17277. Approvals by County Board of Education.
The direct operation of education programs, as set forth in Section 17272, or the granting of financial aid to school districts, as set forth in Section 17273, must be approved by the county board of education, and a copy of that board's resolution shall accompany any claim for reimbursement for the operation of an education program or any proposal for allowances for other financial aids.
§17278. Final Filing Date for Claims.
No claim for reimbursement of expenditures for the purposes enumerated in this article shall be allowed by the Superintendent of Public Instruction unless the claim is received by him prior to the tenth day of June of the fiscal year in which the expenditures were made.
Article 3. Reimbursement of Travel Expense in Connection with Cooperative County Publication Projects
Note • History
The provisions of this article prescribe the conditions under which the Superintendent of Public Instruction will make allowances to reimburse necessary and actual travel expenses of county superintendents of schools or their designated staff members in connection with cooperative county publication projects.
NOTE
Authority cited for Article 3: Sections 14050 and 14052, Education Code. Issuing agency: Superintendent of Public Instruction.
HISTORY
1. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
A cooperative county publication project for the purpose of this article is a joint endeavor by two or more counties initiated by the Superintendent of Public Instruction or by county superintendents with the approval of the Superintendent of Public Instruction to develop written materials for publication that will be used in connection with the curricular and special services of the county superintendents.
§17282. Allowances for Reimbursement.
Anticipated travel expenses in connection with co-operative publication projects shall be budgeted as a part of the proposed expense of the budget class to which the publication relates.
If additional funds are required, they shall be derived from the other purpose balances of the participating counties. If no such funds exist in any of the participating counties, a claim against the contingency fund may be submitted along with a county school service fund budget revision and a memorandum of explanation. The claim shall be presented on forms prescribed by the Superintendent of Public Instruction.
§17283. Final Filing Date for Claims.
No claim for reimbursement of expenditures in connection with cooperative county publication projects shall be allowed by the Superintendent of Public Instruction unless such claim is received by him prior to the tenth day of June of the fiscal year ending June 30th in which the expenditures were made.
Article 4. Purchasing and Replacing of Capital Outlay Items
Note • History
The provisions of this article govern the purchasing and replacing of capital outlay items by a county superintendent of schools from county school service funds. These provisions do not apply to the purchasing and replacing of automotive equipment. The latter subjects are included in Article 6 of this subchapter.
NOTE
Authority cited for Article 4: Section 14050, Education Code. Issuing agency: Superintendent of Public Instruction.
HISTORY
1. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
History
A county superintendent shall purchase a capital outlay item involving an expenditure of more than two thousand five hundred dollars ($2,500) through the county purchasing agent, or he shall make the purchase directly from a vendor only after having secured in writing from responsible vendors at least three estimates of the cost of the item. The county superintendent of schools shall purchase the capital outlay item at the estimated cost from the vendor who submits the lowest estimate meeting the prescribed specifications, or shall reject all estimates. The provisions of this section shall not apply to the purchasing of films, filmstrips, and books.
HISTORY
1. Amendment filed 5-2-75; effective thirtieth day thereafter (Register 75, No. 18).
§17292. Limitations on Purchases.
The county superintendent shall observe the following limitations in purchasing or replacing capital outlay items:
(a) For the operation of a library and supplementary book service, the purchases of books and other instructional materials shall be limited to those books and materials adopted by the county board of education.
(b) For the operation of audio-visual services, the purchases of films and film strips shall be limited to films and film strips adopted by the county board of education.
(c) The purchase of projection equipment shall be limited to:
(1) Equipment for use of the staff of the county superintendent of schools for authorized curricular and special services.
(2) Equipment for use of such staff in programs of orienting school districts to audio-visual services.
(3) Equipment for loan to school districts in emergency cases of breakdown or failure of district-owned equipment.
(4) Equipment for use in educational services.
Article 5. Purchase, Replacement, Operation, and Maintenance of Automotive Equipment
Note • History
The provisions of this article govern the purchase, replacement, operation, and maintenance of automotive equipment, title to which will be or is vested in the office of the county superintendent.
NOTE
Authority cited for Article 5: Section 14050, Education Code. Issuing agency: Superintendent of Public Instruction.
HISTORY
1. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
History
The county superintendent shall make an initial or replacement purchase of a motor vehicle, trailer, or other item of automotive equipment involving an expenditure of more than three thousand five hundred dollars ($3,500) through the county purchasing agent or he shall make the purchase directly from the vendor only after having secured in writing from responsible vendors at least three estimates of the cost thereof. The county superintendent of schools shall purchase the equipment at the estimated cost from the vendor who submits the lowest estimate meeting the prescribed specifications, or shall reject all estimates.
HISTORY
1. Amendment filed 5-2-75; effective thirtieth day thereafter (Register 75, No. 18).
§17302. Motor Vehicle and Trailer Purchases.
The county superintendent shall observe the following limitations in the purchase of motor vehicles and trailers:
(a) A motor vehicle purchased primarily for the transportation of staff personnel shall be an automobile of the light car class.
(b) A motor vehicle of the light car class shall be as described in the specifications provided by the Superintendent of Public Instruction.
(c) A motor vehicle purchased for the transportation of pupils shall meet all requirements of Chapter 4 (commencing with Section 14200) of Division 13 relative to pupil transportation.
(d) A motor vehicle to be used primarily for the transportation of equipment or supplies shall be purchased only after the Superintendent of Public Instruction has approved the specifications therefor and the justification for the use thereof.
(e) A motor vehicle or trailer designed and built for a special use or uses shall be purchased only after the Superintendent of Public Instruction has approved the specifications therefor and the justification for the use thereof.
§17303. Motor Vehicle Replacements.
For a vehicle to be replaced, one of the following conditions shall exist, or prior to the end of the budget year will exist, with respect to the vehicle being replaced:
(a) The age of the vehicle exceeds four years since the date of first registration.
(b) The total mileage on the vehicle exceeds fifty thousand (50,000) miles.
(c) The operating cost per mile is excessive due to unusual conditions, or will, in the future, be excessive due to unusual need for repair.
(d) The vehicle has been so damaged by casualty that the cost of repair would be excessive.
(e) There are special circumstances, other than those specified in (a) through (d), which justify replacement.
§17304. Repair and Replacement of Parts of Passenger Type Vehicles.
Where damages to passenger type vehicles due to casualty not covered by insurance are suffered to the extent that repair and replacement of parts on vehicles are not possible within the budgeted allowances for operation and maintenance and normal replacement, sufficient amounts may be allowed from available funds by transfer through use of the prescribed budget revision forms.
§17305. Public Liability and Property Damage Insurance.
The county superintendent shall insure the office of the county superintendent against liability (other than a liability which is insured against under the provisions of Divisions 4 and 5 of the Labor Code) for damages by reason of death, or by reason of injury to person or property, resulting from the use of any motor vehicle or trailer to which the office of the county superintendent has title. The insurance shall be procured from an admitted insurer and shall be in an amount deemed by the county superintendent of schools to be appropriate. When a county superintendent of schools holds title to five or more motor vehicles and trailers and the cost of the insurance is charged to county school service funds, the insurance shall be at rates applicable to motor vehicle fleets.
§17306. Comprehensive Insurance.
(a) The county superintendent shall insure the office of the county superintendent against loss or damage with respect to commercial type motor vehicles, such as trucks, buses, trailers, and special type mobile units, due to fire, theft, collision, upset, or other casualties ordinarily included in provisions for comprehensive coverage. Collision insurance may be of the type commonly referred to as “deductible.”
(b) The county superintendent may insure his office against such losses with respect to passenger type motor vehicles.
(c) Insurance shall be procured from an admitted insurer and shall be in an amount deemed by the county superintendent of schools to be appropriate.
§17307. Maintenance Procedures.
History
When the cost of operation and maintenance of motor vehicles and trailers is paid from the county school service fund, the county superintendent shall comply with the following:
(a) Motor vehicle fuel shall be purchased from either of the following:
(1) County-owned garage facilities.
(2) A private vendor, after the county superintendent has secured in writing from responsible vendors at least three estimates of the cost. The county superintendent shall purchase the fuel at the estimated cost from the vendor who submitted the lowest estimate meeting the prescribed specifications, or shall reject all estimates.
(b) When repair of motor vehicle or trailer involves more than six hundred dollars ($600) and is to be made in other than a county-owned garage, the county superintendent shall secure in writing from responsible persons or firms at least three estimates of the cost thereof and shall authorize the repair to be made at the estimated cost from the person or firm who submits the lowest estimate meeting the prescribed specifications, or he shall reject all estimates.
HISTORY
1. Amendment filed 5-2-75; effective thirtieth day thereafter (Register 75, No. 18).
§17308. Conditions Governing the Operation of Motor Vehicles and Trailers.
When the cost of maintenance or operation of motor vehicles and trailers is paid from the county school service fund, a county superintendent and his employees shall comply with the following conditions regarding the use and operation of such vehicles and trailers:
(a) All motor vehicles and trailers shall be adequately identified as property of the office by the affixing of suitable seals or by other methods showing suitable insignia or description.
(b) The county superintendent shall designate the normal storage location for all motor vehicles and trailers under his jurisdiction, and all such vehicles and trailers shall normally be garaged at such locations.
(c) Motor vehicles and trailers shall be used only in the conduct of official business; i.e., driven, or in the case of a trailer drawn by a motor vehicle driven, by the county superintendent or by an employee of his office acting in the performance of, or necessary to, or in the course of, official duties. Any other use, including use for driving to and from the county superintendent's or the employee's home, unless the county superintendent or the employee is departing or returning from an official trip or unless his home is the officially designated storage station, will be considered misappropriation for private use.
Article 6. Coordination of the Educational Program by the County Superintendent
Note • History
For the purposes of Section 1703 of the Education Code, coordination of the educational program consists of the actions, efforts, and procedures of a county superintendent, directed to one or more districts, to:
(a) Enforce minimum educational standards
(b) Improve the educational program
(c) Promote order and reasonable uniformity in the educational program
(d) Effect working relationships between school districts and other agencies serving youth whose functions are related to the programs of the public schools
(e) Promote effective and efficient operation of the programs of instruction and special services in the areas of courses of study, guidance services, health services, special education, attendance activities, library services, audio-visual services, and advisory services in school business administration among the districts under his jurisdiction.
NOTE
Authority cited for Article 6: Section 1703, Education Code. Issuing agency: Superintendent of Public Instruction.
HISTORY
1. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§17321. Level at Which Services to Be Provided.
Coordination provided shall be at the district level through working with district personnel who are responsible for the conduct in the district of the service so that the service will supplement the work or responsibilities assigned to members of the staff of the district, and not supplant district personnel or the work and assignments that normally are given to staff members of a district.
§17322. Responsibility of District.
Coordination services provided by the county superintendent of schools shall be with full recognition that the responsibility for operating the educational program and for effecting internal improvements in a district is the responsibility of the governing board of the school district, and such program and improvements shall be effected and financed by the school district.
Article 7. County School Service Fund Budget Procedures
§17340. Submitting the Budget.
Note • History
The county superintendent shall, on or before June 30 of each year, submit to the Superintendent of Public Instruction a proposed budget as approved by the county board of education for the succeeding fiscal year, on forms prescribed by the Superintendent of Public Instruction, pursuant to the provisions of Section 14050 of the Education Code.
NOTE
Authority cited: Section 14050, Education Code. Reference: None.
HISTORY
1. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Amendment filed 11-9-79; effective thirtieth day thereafter (Register 79, No. 45).
§17341. Tentative Approval of Budget.
History
The budget shall be tentatively approved by the Superintendent of Public Instruction on or before July 1 to provide a basis for operation during the early months of the fiscal year and to determine the amount of the advance apportionment to be certified under the provisions of Section 41330 of the Education Code.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§17342. Approval of Final Budget.
History
(a) Immediately after certification of average daily attendance pursuant to Education Code Section 41303, the Superintendent of Public Instruction shall adjust the tentatively approved budget, if necessary, in order to:
(1) Assure certification of an amount under the provisions of Section 41332 of the Education Code not in excess of the amount provided by law.
(2) Recognize the differences between the actual data for the preceding fiscal year as of June 30 and the estimated amounts used in giving tentative approval of the budget.
(b) The Superintendent of Public Instruction shall notify the county superintendent of adjustments made in the tentatively approved budget. The notice constitutes final approval of the budget.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
History
In determining the necessary expenses, the Superintendent of Public Instruction shall consider but not be limited to the following:
(a) The explanations and justifications supporting the budget request.
(b) The level of expenditures for the two preceding fiscal years.
(c) The available net beginning balances and estimated income other than state aid.
(d) The necessity of pilot projects of statewide interest or of nonrecurring items of expense.
(e) The authorization for the use of the county school service fund to pay for those services prescribed in Chapter 6, Part 2 of the Education Code (commencing at Section 1700) and as specifically authorized in Section 1500 of the Education Code.
(f) The adherence to applicable provisions of the Education Code and of this title.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§17344. Appropriation for Contingencies.
History
In addition to expenditures, the county superintendent may request, and the Superintendent of Public Instruction may approve, an appropriation for contingencies, not to exceed 5 percent of the approved expenditures from state funds in the budget. Amounts from the appropriation for contingencies may be made available for expenditures during the fiscal year upon approval by the Superintendent of Public Instruction, under the provisions of Section 1604 of the Education Code, of a request for revision of the approved budget.
HISTORY
1. Amendment filed 6-7-74; effective thirtieth day thereafter (Register 74, No. 23).
2. Amendment of section and repealer of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
In addition to normal expenditures, the county superintendent may request and the Superintendent of Public Instruction may approve a special reserve for the accumulation of funds over a period of years for the replacement of equipment and for capital outlay purposes. The request for a cumulative reserve shall be accompanied by a resolution of the county superintendent, with the approval of the county board of education, setting forth the purpose of each reserve, the amount to be accumulated each fiscal year, and the plan of expenditure. The cumulative reserve may be expended upon approval by the Superintendent of Public Instruction. The county superintendent shall, on or before July 10 of each fiscal year, report to the Superintendent of Public Instruction the expenditures made during the preceding fiscal year in compliance with the resolution and the approved budget revision. Any moneys not expended for the purposes specified in the resolution, in conformance with the plan prescribed and approved, shall be considered available for general support of the budget for the succeeding year.
The moneys deposited to the credit of the county school service fund which remain in expendable trust accounts established for the purposes specified in an agreement with the donor or grantor, and not contemplated to be expended from the county school service fund during the budget year, shall not be considered by the Superintendent of Public Instruction as available for meeting the needs of the current year. On or before July 10, the county superintendent of schools shall file a report with the Superintendent of Public Instruction indicating the nature of such expendable trust accounts, the purposes for which the moneys are to be expended, the unexpended portion remaining from previous receipts, the amount expended for the preceding year, and the amount proposed for expenditure during the budget year.
Gifts, grants, and contributions received which are not restricted for specific purposes shall be considered available for meeting the needs of the current year.
§17347. Publications Included in Budget.
History
For the purposes of Education Code Section 14052, a publication is any written, taped, or graphically presented communication, except a communication for use only in the operation of the office of the county superintendent of schools or by cooperating agencies in the selection for use of audio-visual, library, and instructional materials, that meets all of the following criteria:
(a) The communication is prepared by, or intended for distribution by, the county superintendent of schools in accordance with rules and regulations of the county board of education.
(b) It is produced to disseminate information, data, or instructions relating to any service the county superintendent of schools is authorized to provide.
(c) It is approved by the county board of education.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Article 8. County Tax for the Identification and Education of Physically Handicapped Minors by a County Superintendent
§17360. Requirement of a Tax Levy.
Note • History
Whenever under Education Code Section 1850 a county superintendent is required, or under Education Code Section 1852 is permitted to maintain, or to contract with a school district or another county superintendent of schools to provide, a program for the identification and education of minors living in the county and in a school district who are considered to be physically handicapped under the provisions of Education Code Sections 56700 and 56701 (hereinafter called physically handicapped minors), the board of supervisors shall levy an identical rate of tax upon the taxable property in each school district in which such minors live and which are designated as the responsible districts under Education Code Section 56710.
NOTE
Authority cited for Article 8: Section 1856, Education Code. Issuing agency: Superintendent of Public Instruction.
HISTORY
1. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
For the purposes of computing the tax as provided in this article, the following definitions apply:
(a) “Schools or classes” are those categories of instruction identified in the Education Code as: regular day classes, remedial classes in special physical education classes, other remedial classes, individual instruction, and special day classes.
(b) The “average daily attendance” is the estimated average daily attendance of pupils in the appropriate schools during the fiscal year taxes are levied and consistent with that used for computing the foundation program for apportionments from the State School Fund.
(c) The “total assessed valuation” of the districts is the sum of the assessed valuations of each district as modified in computing equalization aid allowances from the State School Fund.
(d) The “cost of the education” is the current expense of education as defined in the California School Accounting Manual, less any expenditures for the rental of property.
(e) “Capital outlay” includes expenditures for sites, improvement of sites, buildings, and equipment, as defined in the California School Accounting Manual.
§17362. Determination of Amount.
The total amount of money required to be raised by the tax pursuant to Section 17360 shall be computed as follows:
Current Expense of Education $__________
Less, Rental of Property $__________
Cost of Education (Section 17361(d)) $__________
Capital Outlay (Section 17361(e)) $__________
Plus, Rental of Property $__________ $__________
Total, Cost of Education and Capital Outlay $__________
Less, State Apportionment to
County School Service Fund $__________
Net Prior Year Adjustment $__________
Total Tax Required $__________
The tax collected shall be deposited in the county school service fund and the revenues and expenditures shall be accounted separately within such fund. If the collection is in excess of the expenses of educating the physically handicapped pupils, or if there is a deficiency, the excess or deficiency shall be applied to reduce or increase the amount, as the case may be, which would otherwise be required in succeeding fiscal years.
Article 9. Petty Theft Fine Fund
§17370. Establishment and Allocations.
Note • History
The county superintendent of schools may, with the approval of the county board of supervisors, establish in the County School Service Fund Budget, a Petty Theft Fine Fund pursuant to Penal Code Section 490.5(d). Allocation of such funds shall be made by the county superintendent to school districts submitting project applications for educational programs providing counseling or other educational services designed to discourage shoplifting, theft, and burglary. The county superintendent shall review the project applications to ensure that the proposed use of such funds shall be for newly developed programs which supplement rather than supplant existing programs. A portion of the Petty Theft Fine Fund may be retained by the county superintendent for necessary costs of administration. A district shall budget and account for the use of Petty Theft Fine Fund income separately within the general fund of the district.
NOTE
Authority and reference cited: Section 490.5(d), Penal Code.
HISTORY
1. New Article 9 (Section 17370) filed 12-6-77; effective thirtieth day thereafter (Register 77, No. 50).
Subchapter 3. Destruction of Records of a County Superintendent
Article 1. General Provisions
Note • History
(a) Records. “Records,” as used in this article, mean all records, maps, books, papers, and documents of a county superintendent that he is required by law to prepare or retain or which he prepares or retains as necessary or convenient to the discharge of his official duty, except that:
(1) The record, map, book, paper, or document shall have been prepared, preserved, or maintained by the county superintendent with respect to a matter of state concern, i.e., a matter dealing directly with the administration and government of the public schools, including, but not being limited to:
(A) Records relating to the county school service fund.
(B) Records relating to any activity financed by the county school service fund.
(C) One exact copy of an original, made by carbon or other duplicating process other than a photostatic or microfilmed copy, when the original is required by law to be filed with another agency.
(D) All other records prepared, preserved, or maintained pursuant to a state statute, except as specified in subsection (2) of this section.
(2) The term does not include the records, maps, books, papers or documents, destruction of which is provided for in the Government Code, such as the following:
(A) Records relating to county matters, such as expenses and travel costs financed from the county general fund and matters imposed by county ordinance.
(B) Records of a county board of education and of a county committee on school district organization.
(b) Microfilm Copy. “Microfilm” copy means the same as in Section 16022(d), except that the copy was prepared under the direction of the county superintendent.
NOTE
Authority cited: Section 1246, Education Code. Issuing agency: Superintendent of Public Instruction.
HISTORY
1. New Chapter 3 ( §§ 17401, 17403, 17404) filed 2-24-70; effective thirtieth day thereafter (Register 70, No. 9).
2. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Article 2. Authorization and Procedure
§17403. Applicable Provisions of Sections 16020 through 16028.
Note • History
Sections 16020(b), 16021 and 16022 through 16028 apply to the records of the county superintendent, except that for the purposes of this chapter where the expression “superintendent” or “school district” is used it means the county superintendent and where the term “governing board” is used it means the county board of education.
NOTE
Authority cited: Section 1246, Education Code. Reference: None.
HISTORY
1. Amendment filed 11-9-79; effective thirtieth day thereafter (Register 79, No. 45).
§17404. Classification of Records Filed by Districts.
The county superintendent shall classify as Class 3--Disposable or as Class 2--Optional any record other than an original record required to be filed with him by a school district. Copies of district invoices, warrants, ledger sheets, attendance reports, and correspondence are examples of records that may be so classified.
Subchapter 4. Travel Expenses for County Superintendents of Schools and Designated Staff Members
Note • History
This chapter applies to the payment of travel expenses and related allowances incurred by the county superintendent of schools and staff members as authorized by Education Code Sections 1080(b), 1081, 1200, 1201 and 1942. Payments for such expenses are authorized within the following criteria:
(a) The travel expenses are incurred either by the county superintendent or members designated to incur travel expenses from funds under the control of the county superintendent.
(b) The travel expenses are incurred for curricular and special services or other activities legally authorized to be performed by the county superintendent of schools and staff members.
NOTE
Authority cited for Chapter 4: Sections 1942 and 14050, Education Code. Issuing agency: Superintendent of Public Instruction.
HISTORY
1. New Chapter 4 (§§ 17430-17436) filed 2-24-70; effective thirtieth day thereafter (Register 70, No. 9).
2. Repealer of Chapter 4 (Sections 17430-17436) and new Chapter 4 (Sections 17430-17436) filed 5-2-75; effective thirtieth day thereafter (Register 75, No. 18). For former history, see Register 73, No. 16.
3. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
(a) Headquarters --The headquarters of the county superintendent and staff members is the main office of the county superintendent. The county superintendent may establish an alternate location as headquarters for designated staff members if these individuals are required to spend more than fifty (50) percent of their time at an alternate location.
Headquarters shall be established for each staff member whose duties require travel and each staff member's residence shall be noted.
(b) Curricular and Special Services--Curricular and special services are those services authorized or required by law to be provided to the school districts of the county that are financed from the county school service fund.
(c) Other Activities. Other activities are defined as those functions authorized by law or regulation to be performed by the county superintendent of schools.
§17432. Conditions of Payment.
History
The county superintendent may pay from funds under his or her control travel expenses incurred by the county superintendent and designated staff members if the following conditions are met:
(a) A claim has been filed in accordance with this article.
(b) The travel expenses were actual and necessary or meet the criteria established by the county board of education pursuant to these regulations.
(c) The expenses are authorized under Sections 1080(b), 1081, 1200, 1201 and 1942 of the Education Code.
HISTORY
1. Amendment of subsection (c) filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§17433. Claims for Travel Expense.
History
A claim for travel expenses shall be submitted in accordance with rules and regulations adopted by the county board of education pursuant to Sections 1040 and 1042 of the Education Code. The following minimum requirements shall apply:
(a) The purpose of the trip is shown.
(b) Sufficient detail is provided to establish that the expenses incurred were actual and necessary to accomplish the purpose of the travel.
(c) The claim is approved by an officer designated by the county superintendent.
(d) Accompanying the claim are receipts or vouchers except for the following:
(1) Where published tariffs are available, and the travel is wholly within the State.
(2) Where subsistence allowance is paid for travel within the State.
(3) Taxi or hotel bus fares.
(4) Fares and tolls paid for public transit, ferries, and bridges. (5) Long distance telephone or telegraph charges under $2.50.
(6) All legal expenditures of $1.00 or less.
(7) Parking fees less than $3.00.
(e) Any claim shall be disapproved which does not comply with the minimum provisions set forth in this section.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§17434. Subsistence Allowances.
History
A per diem allowance may be claimed pursuant to this section. Travel shall have been more than 10 miles from the employee's headquarters.
(a) In-state Travel. Education Code Sections 1080(b), 1081 and 1942 provide that actual and necessary travel expenses may be paid to a county superintendent and designated staff members in accordance with regulations established by the county board of education subject to the following requirements:
(1) The county board of education shall adopt regulations providing for no greater than the actual and necessary travel expenses of the county superintendent and designated staff members.
(2) For those offices of county superintendent of schools where the staff is comprised of a combination of employees employed directly by the county superintendent and employees assigned to the county superintendent by the county board of supervisors, the county board of education may adopt the same travel and per diem rules for employees of the county superintendent as the county board of supervisors has adopted for their employees.
(b) Out of State Travel. For out of state travel a county superintendent and designated staff members shall be authorized only those actual and necessary travel expenses which are provided for by regulations adopted by the county board of education.
(c) Lunch Allowance. On certain types of one-day trips as, for example, trips routinely made for an extended period of time to the same place or over the same route, the necessity for employees to incur additional expenses for meals should be questioned. The person approving the claim will determine the necessity for meal allowance in such cases pursuant to regulations adopted by the county board of education.
(d) Meal Allowance. When an employee is required to work by a supervisor more than two hours past the normal quitting time (which requires working more than 10 hours) and it is unreasonable to expect the employee to return to his or her residence for meals, reimbursement may be allowed for actual cost of a meal not to exceed $5.00 for the evening meal and up to $4.00 for all others. An additional meal allowance may be allowed for each additional six hours worked; a total of up to three overtime meal allowances in any 24-hour period may be allowed. No overtime meal will be allowed if an employee also claims per diem.
HISTORY
1. Amendment of subsection (a) filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§17435. Transportation Allowances.
Note • History
NOTE
Authority cited: Section 1942, Education Code. Reference: Section 1942, Education Code.
HISTORY
1. Repealer filed 6-16-82; effective thirtieth day thereafter (Register 82, No. 25).
§17436. Budgeting and Accounting for Travel Expense.
The amounts required for travel expenses for a county superintendent and staff members will be reviewed by the Superintendent of Public Instruction as part of the budget and financial reporting processes.
Chapter 18. California State Special Schools for the Deaf or Blind, or State Diagnostic Centers
Subchapter 1. Employees
Article 1. Pay Plan for the Exempt Teaching Staff of the State Special Schools and Diagnostic Centers
§17600. Application of Article.
Note • History
This article applies to a person employed by a state special school or diagnostic center, and who is appointed to a classification designated exempt from civil service under California State Constitution, article VII, section 4(i). If the provisions of this article are in conflict with the provisions of a memorandum of understanding reached pursuant to Government Code section 3517.5, the memorandum of understanding shall be controlling.
NOTE
Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference: Sections 59003, 59103 and 59203, Education Code.
HISTORY
1. New Chapter 1 (§§ 17600-17608, 17625-17629, 17630-17634, 17640-17642, 17645-17649) filed 12-18-69; effective thirtieth day thereafter (Register 69, No. 51).
2. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Amendment of chapter heading filed 8-13-2007; operative 8-13-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 33).
4. Amendment of chapter heading, article heading, section and Note filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
Note • History
The following words have in this Chapter the meaning specified in this section:
(a) “Administrator” means the site superintendent of a special school or the director of a diagnostic center.
(b) “Annual school term salary” means the product of 12 times an employee's monthly salary specified for the position.
(c) “Employee” means a member of the exempt teaching staff of a special school.
(d) “Exempt classification” means a classification established to employ persons exempt from civil service under California Constitution Article VII, section 4(i).
(e) “Exempt staff” means all employees, unless otherwise excluded, appointed to an exempt classification.
(f) “Full-time service” means full-time service as one of the following:
(1) A school term employee, for 90% of the work days in one school term applicable to the employee.
(2) A fiscal year employee, for 90% of the work days in one fiscal year.
(g) “Managerial employee” means an employee appointed to an exempt classification that is designated managerial under Government Code section 3513(e).
(h) “Personal Leave Day” means a day during the school term which may be used without reduction of salary.
(i) “School holiday” means a day designated as a school holiday in the academic calendar of the special school.
(j) “School term” means the period beginning in any fiscal year with the first day upon which members of the exempt staff who are employed for the school term are required to be present for duty and ending in the following calendar year with the last day those members are required to be present for duty, and shall include at least 184 work days. The total number of workdays in the school term may vary by exempt classification and by special school.
(k) “Special school” means any one campus of the California Schools for the Deaf (CSD), the California School(s) for the Blind (CSB), or the State Diagnostic Centers.
(l) SSPI” means State Superintendent of Public Instruction.
(m) “Summer Session” means a period between the end of one school term and the beginning of the following school term during which exempt staff members may be present for duty.
(n) “Supervisory employee” means an employee appointed to an exempt classification that is designated supervisory under Government Code section 3513(g)
(o) “Vacation credit” means time for which the employee may be absent from duty on pay status.
(p) “Workday” means each day during the school term designated by the administrator as a workday for exempt employees, regardless of whether or not any such workday is a legal holiday. Said workdays shall be designated for any five days per week during the school term unless an academic holiday or holidays fall thereon.
NOTE
Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference: Sections 59003, 59103 and 59203, Education Code.
HISTORY
1. New subsection (h) filed 1-26-79; effective thirtieth day thereafter (Register 79, No. 4).
2. Amendment of section and Note filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
§17602. Fixing of School Term, Summer Session, and School Holidays.
Note • History
The administrator of a special school shall annually for pay plan purposes:
(a) Fix and publish the academic calendar of the special school including the beginning and ending dates of the school term as it applies to the exempt staff and, if a summer session is held, the summer session. Any combination of work days in any fiscal or calendar year is allowed for the school term or the summer session subject to the minimum number of work days set forth in section 17601(j).
(b) Publish in the academic calendar of the special school all days designated by the administrator as school holidays.
(c) Certify to the SSPI and to the State Controller:
(1) The beginning and ending dates of the school term and of the summer session.
(2) The number of exempt staff workdays in the school term and summer session, respectively.
(3) The number and dates of school holidays in the school term and summer session, respectively.
(4) The school term, workdays, and school holidays for each exempt school term classification.
NOTE
Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference: Sections 59003, 59103 and 59203, Education Code.
HISTORY
1. Amendment of section heading and section and new Note filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
§17603. Amendment of Calendar.
Note • History
The administrator, subject to the approval of the SSPI or designee, may, at any time during the year, certify to the SSPI and the State Controller an amendment to the calendar previously submitted.
NOTE
Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference: Sections 59003, 59103 and 59203, Education Code.
HISTORY
1. Amendment of section and new Note filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
§17604. Categories of Employees for Pay Plan Purposes.
Note • History
For pay plan purposes, the following categories of employees of the special schools are established:
(a) School term employee--an exempt employee who is required to render service for only the school term at a special school.
(b) Summer session employee--an exempt employee employed to render service in a summer session conducted by a special school.
(c) Fiscal year employee--an exempt employee employed to render service in a special school for the full fiscal year.
(d) Substitute teacher--an exempt employee who is employed for a limited period to perform the duties of a teacher who is absent from duty.
(e) Reader for the blind--an exempt employee whose duties are to read for blind persons.
NOTE
Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference: Sections 59003, 59103 and 59203, Education Code.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Amendment of section heading and section and new Note filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
§17604.1. Establishment of Exempt Classifications.
Note • History
The SSPI or designee shall establish, modify, or abolish exempt classifications. For each classification and assignment the SSPI may determine the minimum requirements, including experience, education, and license or credential, consistent with California licensing or credentialing requirements. One or more classifications may be established with the title of teacher, teacher specialist, supervising teacher, assistant site superintendent, site superintendent, diagnostic center director, substitute teacher, reader for the blind, or other title as deemed necessary.
NOTE
Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference: Sections 59003, 59103 and 59203, Education Code.
HISTORY
1. New section filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
§17605. Effective Date of Initial Appointment.
Note • History
The effective date of the appointment of an exempt employee of a special school shall be the date the employee reports for duty.
NOTE
Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference: Sections 59003, 59103 and 59203, Education Code.
HISTORY
1. Amendment of section and new Note filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
§17605.1. Failure to Meet a Requirement for Continuing Employment.
Note • History
An employee who fails to meet a requirement for continuing employment, including the possession of a license or credential, may be terminated, demoted, or transferred by serving upon the employee, either personally or by certified mail, a written notice thereof, at least five calendar days prior to the effective date of the action. The notice shall inform the employee of the proposed action and allow the employee the opportunity to discuss it with the SSPI or designee prior to the effective date. Within thirty days after receipt of notice of action under this section the employee may appeal the action to the State Personnel Board (SPB). When the employee regains the requirement for continuing employment, the employee may be reinstated to the position.
NOTE
Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference: Sections 59003, 59103 and 59203, Education Code.
HISTORY
1. New section filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
§17606. Pay Plan for School Term Employee.
Note • History
(a) Pay for Entire School Term. A school term employee who completes all the service required for an entire school term shall for such service be paid his or her annual school term salary in installments payable on state pay days covering the period of one year beginning with the effective date of his appointment to the position. The first installment shall be paid on an appropriate state pay day following the effective date of his appointment for the year and shall be the amount of the established monthly salary for the position. If such employee separates from the position following the completion of assigned duties in the position but prior to the end of the period of a year, the employee may on separation be paid as a final settlement the unpaid balance of the salary due, such balance to be computed by taking into account changes, if any, in the salary rate and time base. Such balance will equal the amount which the employee would have been paid if employment had continued until the end of the period of a year. For each month the employee works one-half or more of the workdays certified to the Controller for that month the employee shall be granted a qualifying pay period.
(b) Interim Adjustment in Pay Due to Noncompensable Absence. If, because of a late start or noncompensable absence of a school term employee, it is necessary to reduce the salary payment for any state pay period, the interim reduction for that period shall be computed as follows:
(1) First Step -- Divide the annual salary by 210. The annual salary shall be the monthly salary rate in effect at the time of dock multiplied by twelve.
(2) Second Step -- Divide the number of hours on dock by 8.
(3) Third Step -- The amount of dock shall be the result of the first step multiplied by the result of the second step.
(c) If the amount of dock computed in any one pay period would result in zero or minus pay, the dock pay shall be calculated as follows:
(1) First Step -- Divide the annual salary by 210. The annual salary shall be the monthly salary rate in effect at the time of dock multiplied by twelve.
(2) Second Step -- Divide the number of hours on dock by 8.
(3) Third Step -- The amount of dock shall be the result of the first step multiplied by the result of the second step.
(d) Settlement Payments. A school term employee who serves less than a school term, or whose pay has been adjusted due to a late start or a noncompensable absence, or who has had a change in time base, or who is transferred to service in a position other than as a school term employee shall, on the state pay day immediately following the final state pay period for which appointed and served or at the time separated or transferred from the school term position, receive a final settlement payment computed in accordance with the following formula:
(1) First step -- The total salary earned equals the total days worked by the employee divided by the number of workdays in the school term for the employee's classification; the resulting figure is multiplied by the employee's annual school term salary.
(2) Second step -- The amount of settlement pay equals the total salary earned minus the salary payment previously received by the employee for the current school term.
(e) Report to Controller. The final settlement payment shall be computed by the special school and a copy of such computation furnished to the State Controller.
NOTE
Authority cited: Sections 59003, 59113 and 59203, Education Code. Reference: Section 59003, 59113 and 59203, Education Code.
HISTORY
1. Amendment of subsection (b) filed 9-12-80; effective thirtieth day thereafter (Register 80, No. 37).
2. Amendment of section and Note filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
§17607. Pay Plan for Summer Session Employee.
Note • History
For service during the summer session, an exempt employee, except a fiscal year employee, shall be paid at the rate established for the summer sesssion position, but not to exceed a total of two months' salary, in addition to any salary due for service during the school term.
NOTE
Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference: Sections 59003, 59103 and 59203, Education Code.
HISTORY
1. Amendment of section and new Note filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
§17608. Pay Plan for Other Exempt Employees.
Note • History
(a) The workdays and pay plan for a fiscal year exempt employee shall be the same as for a state civil service employee. The employee shall be paid at the established salary rate for the position on each state pay day for the time served during the immediately preceding state pay period.Whenever a school work day falls on a state holiday the administrator may authorize appropriate compensation for working on the holiday.
(b) A substitute teacher or reader for the blind shall be paid at the established daily or hourly rate for the position on each state pay day for the time served during the immediately preceding state pay period.
NOTE
Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference: Sections 59003, 59103 and 59203, Education Code.
HISTORY
1. Amendment of section heading and section and new Note filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
Note • History
The SSPI or designee may authorize one or more personal leave days for each exempt employee, except a substitute teacher or reader for the blind, in conformance with criteria and procedures developed and administered by the California Department of Education.
NOTE
Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference: Sections 59003, 59103 and 59203, Education Code.
HISTORY
1. New section filed 1-26-79; effective thirtieth day thereafter (Register 79, No. 4).
2. Amendment of section heading, section and Note filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
Article 2. Work Days and Vacation Credit
§17624. Application of Article.
Note • History
This article applies to a person employed by a state special school or diagnostic center, and who is appointed to a classification designated exempt from civil service under California State Constitution, article VII, section4(i). If the provisions of this article are in conflict with the provisions of a memorandum of understanding reached pursuant to Government Code section 3517.5, the memorandum of understanding shall be controlling.
NOTE
Authority cited: Sections 33119, 59003, 59103 and 59203, Education Code. Reference: Sections 33119, 59003, 59103 and 59203, Education Code.
HISTORY
1. Amendment of article heading and new section filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
Note • History
Definitions contained in article 1 apply to this article.
NOTE
Authority cited: Sections 33119, 59003, 59103 and 59203, Education Code. Reference: Sections 33119, 59003, 59103 and 59203, Education Code.
HISTORY
1. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Amendment of section and Note filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
§17626. Categories and Classifications of Employees.
Note • History
Categories of employees contained in section 17604, and classifications of employees contained in section 17604.1, apply to this article.
NOTE
Authority cited: Sections 33119, 59003, 59103 and 59203, Education Code. Reference: Sections 33119, 59003, 59103 and 59203, Education Code.
HISTORY
1. Amendment of section heading and section and new Note filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
§17627. School Term Exempt Employees.
Note • History
(a) Each school term employee is not required to work on days falling between the end of one school term and the beginning of the next school term, or on holidays during the school term as certified to the State Controller on the academic calendar for the employee's exempt classification. A school term employee does not earn additional compensation for time worked on an official state holiday.
(b) A supervising teacher in the CSD or in the CSB shall be employed for a school term of at least 194 days.
(c) An assistant superintendent in the CSD or in the CSB shall be employed for a school term of at least 204 days.
(d) A supervising teacher in the Diagnostic Center shall be employed for a school term of at least 219 days.
(e) A diagnostic center director shall be employed for a school term of at least 224 days.
(f) A school term employee does not earn vacation credit.
NOTE
Authority cited: Sections 33119, 59003, 59103 and 59203, Education Code. Reference: Sections 33119, 59003, 59103 and 59203, Education Code.
HISTORY
1. Amendment filed 8-15-77; effective thirtieth day thereafter (Register 77, No. 34).
2. Amendment of section heading and section filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
§17628. Fiscal Year Employees.
Note • History
(a) Vacation Credit for Full-time Employment. On the day following completion of six qualifying pay periods of continuous service, an employee rendering full-time service as a fiscal year employee shall be allowed 10 1/2 workdays of vacation credit. Thereafter, for each additional qualifying pay period such employee shall be allowed on the first day of the following pay period 1 3/4 workdays of vacation credit.
(b) Vacation Credit for Less Than Full-time Employment. A fiscal year employee rendering service on less than a full-time basis, and who has completed at least six qualifying pay periods of continuous service in this type of position, shall for such service be allowed on the first day of the pay period following completion of 960 hours of paid employment in the position or positions 10 1/2 workdays of vacation credit. Thereafter, on the first day of the pay period following completion of additional service of 160 hours in the position or positions, the employee shall for that service be allowed 1 3/4 workdays of vacation credit.
(c) Accumulation. A fiscal year employee shall be permitted to accumulate and to be paid for vacation credit in accordance with the provisions of California Code of Regulations, title 2, sections 599.737 and 599.738.
(d) Right to Vacation. The administrator of the special school in which a fiscal year employee is employed shall determine when the employee shall take vacation. In the event the administrator does not provide vacation for an employee sufficient to reduce accumulated vacation credit to the amount permitted by sections 599.737 and 599.738 as of January 1, the provisions of California Code of Regulations, title 2, section 599.742 shall apply.
(e) A site superintendent in the CSD or in the CSB shall be a fiscal year employee. The SSPI or designee may establish other exempt classifications in which a person may be employed for the fiscal year.
NOTE
Authority cited: Sections 33119, 59003, 59103 and 59203, Education Code. Reference: Sections 33119, 59003, 59103 and 59203, Education Code.
HISTORY
1. Amendment of section and new Note filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
§17629. Summer Session Employees, Substitute Teachers, and Readers for the Blind.
Note • History
(a) An employee rendering service as a summer session employee, a substitute teacher, or a reader for the blind does not earn vacation credit for such service.
(b) A summer session employee does not earn additional compensation for time worked on an official state holiday.
NOTE
Authority cited: Sections 33119, 59003, 59103 and 59203, Education Code. Reference: Sections 33119, 59003, 59103 and 59203, Education Code.
HISTORY
1. Amendment of section and new Note filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
Article 3. Tenure Rights of Exempt Staff
§17630. Definitions. [Renumbered]
History
HISTORY
1. Amendment of article heading and renumbering of former section 17630 to new section 17630.2 filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
§17630.1. Application of Article.
Note • History
This article applies to a person employed by a state special school or diagnostic center, and who is appointed to a classification designated exempt from civil service under California State Constitution, article VII, section4(i), except a person employed temporarily. Substitute teacher and reader for the blind shall be temporary appointments for purposes of tenure. If the provisions of this article are in conflict with the provisions of a memorandum of understanding reached pursuant to Government Code section 3517.5, the memorandum of understanding shall be controlling.
NOTE
Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference: Sections 59003, 59103 and 59203, Education Code.
HISTORY
1. New section filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
§17630.2. Categories and Classifications of Employees, and Definitions.
Note • History
(a) The categories of employees established by section 17604 and the exempt classifications established by section 17604.1 apply to this article, except as excluded in section 17630.1.
(b) Definitions contained in section 17601 apply to this article.
(c) A “pre-tenure employee” means an exempt employee at a particular special school who does not have tenure.
(d) “Tenure” means the right, under the provisions of this article, of an employee to continued full-time employment in an exempt classification that is not designated supervisory under Government Code section 3513(g) or managerial under Government Code section 3513(e), at a particular special school, subject to resignation, dismissal, suspension, or termination.
(e) A “tenure employee” means an exempt employee who has met the tenure requirements under the provisions of section 17631.
NOTE
Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference: Sections 59003, 59103 and 59203, Education Code.
HISTORY
1. Renumbering of former section 17630 to new section 17630.2, including amendment of section heading and section and new Note, filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
§17631. Acquisition of Tenure.
Note • History
Tenure is acquired by meeting all of the requirements specified in any one of the following subsections:
(a) Full-time service as a pre-tenure employee at one special school in one or more exempt classes, except service in classes excluded from tenure in sections 17630.1 and 17632(c), for three successive school terms or fiscal years, as applicable; and commencement of service upon reappointment for full-time service at that special school for the next school term or fiscal year, as applicable. The tenure is in that special school.
(b) Voluntary transfer, including transfer in lieu of layoff, promotion, or demotion, of a tenure employee at one special school to another special school; full-time service for one school term, or fiscal year, as applicable, immediately following the transfer, in the special school to which the employee so transferred; and commencement of service upon reappointment for full-time service at that special school for the next school term or fiscal year, as applicable. At the date of commencement of service for the second school term, or fiscal year, as applicable, at that special school, the transferee shall lose tenure at the special school from which transferred, and shall have tenure at the special school to which transferred. If the transferee is notified that commencement of service for the second school term, or fiscal year, as applicable, will not occur, the transferee shall be reinstated to the special school from which transferred and appointed to the classification at which tenure is earned at that special school. If such reinstatement creates a need for a layoff at the special school to which returned, the layoff provisions under sections 17638-17642, inclusive, shall apply.
(c) Transfer of a pre-tenure employee from a special school to a newly established special school for the same type of student; rendition of full-time service for three successive school terms or fiscal years, as applicable, at either or both of such special schools, and commencement of service upon appointment for full-time service at the newly established special school for the next school term or fiscal year, as applicable. At the date of such commencement of service, the transferee shall lose all rights toward tenure at the school from which transferred and shall have tenure only at the special school to which transferred.
(d) Full-time service in a special school by a pre-tenure employee for at least one school term or fiscal year, as applicable; transfer, including promotion or demotion, to an existing special school and rendition of full-time service therein for two successive school terms or fiscal years, as applicable; and commencement of service therein upon reappointment for full-time service at that special school for the next school term or fiscal year, as applicable. At the date of commencement of service under such reappointment, the transferee shall lose all rights toward tenure at the school from which transferred and shall have tenure only at the special school to which transferred.
NOTE
Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference: Sections 59003, 59103 and 59203, Education Code.
HISTORY
1. Amendment of section and new Note filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
§17632. Tenure of a Supervisory or Managerial Employee.
Note • History
(a) A supervisory employee at a school for the deaf or school for the blind may acquire tenure only as a teacher.
(b) A supervisory employee at a diagnostic center may acquire tenure only as a teacher specialist.
(c) A managerial employee does not acquire tenure for such service.
NOTE
Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference: Sections 59003, 59103 and 59203, Education Code.
HISTORY
1. Amendment of section heading and section and new Note filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
§17633. Reappointment and Notice of Intention Not to Reappoint. [Repealed]
History
HISTORY
1. Repealer filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
§17634. Acceptance of Appointment or Reappointment. [Repealed]
History
HISTORY
1. Repealer filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
Article 4. Separation of Employees for Lack of Funds or Lack of Work
§17638. Application of Article.
Note • History
This article applies to a person employed by a state special school or diagnostic center, and who is appointed to a classification designated exempt from civil service under California State Constitution, article VII, section4(i). If the provisions of this article are in conflict with the provisions of a memorandum of understanding reached pursuant to Government Code section 3517.5, the memorandum of understanding shall be controlling.
NOTE
Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference: Sections 59003, 59103 and 59203, Education Code.
HISTORY
1. Amendment of article heading and new section filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
§17639. Definitions, Categories, and Classifications of Employees.
Note • History
(a) Definitions contained in sections 17601 and 17630.2 apply to this article.
(b) Categories of employees established in section 17604 apply to this article.
(c) Exempt classifications established in section 17604.1 apply to this article.
NOTE
Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference: Sections 59003, 59103 and 59203, Education Code.
HISTORY
1. New section filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
§17640. Area and Order of Layoff.
Note • History
Whenever a determination has been made that there is a lack of funds or lack of work:
(a) The SSPI or designee may, without regard to area of layoff, separate from service any part-time exempt staff, substitute teacher, or summer session exempt staff. Such persons, if performing the same or comparable work as that performed by a pre-tenure or tenure employee, shall be separated before any pre-tenure or tenure employee whose work is the same or comparable and who desires to continue in employment is laid off under this article.
(b) Layoff of pre-tenure and tenure employees shall be by teaching service areas of layoff within a special school. Teaching service areas of layoff shall be developed according to the educational needs of students and the operational needs of the special school. Employees in a teaching service area of layoff shall be laid off in the following order:
(1) Pre-tenure employees shall be separated without regard to length of service.
(2) Tenure employees shall be separated in the inverse order of their length of employment as an employee appointed exempt under California State Constitution, article VII, section 4(i).
NOTE
Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference: Sections 59003, 59103 and 59203, Education Code.
HISTORY
1. Amendment of section and new Note filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
Note • History
After a determination has been made of the areas to be reduced and the number of employees to be laid off, the SSPI or designee shall notify each employee to be laid off that the employee is being laid off for lack of funds or lack of work and the effective date of the layoff. Such notice shall be in writing and mailed by certified mail, return receipt requested, to the employee's last known address as listed in the employee's official personnel record, or the notice may be delivered to the employee in person and verified by declaration of proof of service. The notice shall be so delivered or mailed at least thirty days prior to the effective date of the layoff. The decision of the SSPI or designee to issue a notice of layoff is the final decision with respect to the affected employee. The final decision shall include a determination that the required procedures have been complied with and that the layoff was made in good faith or was otherwise proper. The employee may not appeal the final decision of the SSPI or designee.
NOTE
Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference: Sections 59003, 59103 and 59203, Education Code.
HISTORY
1. Amendment of section and new Note filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
Note • History
An employee to be laid off may elect to accept such layoff prior to the date named in the notice of layoff. If an employee elects to accept early layoff, the employee shall give notice of such election as soon as possible.
NOTE
Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference: Sections 59003, 59103 and 59203, Education Code.
HISTORY
1. Amendment of section and new Note filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
Article 5. Termination of a Supervisory or Managerial Appointment
§17643. Application of Article.
Note • History
This article applies to a person employed by a state special school or diagnostic center, and who is appointed to a classification designated exempt from civil service under California State Constitution, article VII, section4(i), and who has an appointment as a supervisory employee or as a managerial employee.
NOTE
Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference: Sections 59003, 59103 and 59203, Education Code.
HISTORY
1. Repealer and new article heading and new section filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
§17644. Definitions, Categories, and Classifications of Employees.
Note • History
(a) Definitions contained in sections 17601 and 17630.2 apply to this article.
(b) Categories of employees established in section 17604 apply to this article.
(c) Exempt classifications established in section 17604.1 apply to this article.
NOTE
Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference: Sections 59003, 59103 and 59203, Education Code.
HISTORY
1. New section filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
History
HISTORY
1. Repealer filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
§17646. Notice of Termination.
Note • History
The SSPI or designee, may give notice of termination of the appointment of a managerial employee or a supervisory employee by serving upon the employee, either personally or by certified mail, a written notice thereof, at least twenty calendar days prior to the effective date of the termination. The notice shall inform the employee of the proposed action and allow the employee the opportunity to discuss the termination with the SSPI or designee prior to the effective date.
NOTE
Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference: Sections 59003, 59103 and 59203, Education Code.
HISTORY
1. Amendment of section heading and section and new Note filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
History
HISTORY
1. Repealer filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
Note • History
Within thirty days after receipt of notice of termination of a supervisory appointment or of a managerial appointment, the employee may appeal to the SPB upon the grounds that the termination was effected for reasons of age, sex, sexual preference, marital status, race, color, national origin, ancestry, disability as defined in Government Code section 19231, religion, or religious opinions and affiliations. At the hearing, the employee bears the burden of proving that the termination was for prohibited discriminatory reasons. After the hearing, the SPB may affirm the action of the appointing authority or restore the affected employee to the managerial or supervisory appointment.
NOTE
Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference: Sections 59003, 59103 and 59203, Education Code.
HISTORY
1. Repealer and new section and new Note filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
§17649. Termination. [Repealed]
History
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Repealer filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
§17650. Appointment after Termination.
Note • History
(a) A supervisory employee terminated under section 17646, and who meets the tenure provisions under section 17631, shall be appointed to the tenure classification specified in section 17632(a) or (b), as applicable. Such appointment shall be subject to the provisions of section 17631.
(b) A managerial employee terminated under section 17646, and who met the tenure provisions under section 17631 prior to the managerial appointment, shall be appointed to the same tenure classification as that specified for a supervisory employee in sections 17632(a) or (b), as applicable, provided no permanent separation from service occurred between the date the tenure provisions were met and the date of the termination. Such appointment shall be subject to the provisions of section 17631.
NOTE
Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference: Sections 59003, 59103 and 59203, Education Code.
HISTORY
1. 1. New section filed 9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
Subchapter 2. State Special Schools Admission Process
Article 1. California School for the Deaf
Note • History
For the purposes of this article, the following definitions shall apply:
(a) “Assessment of suitability for placement” is the period of evaluation and review for purposes of determining whether the California School for the Deaf (CSD) is the appropriate placement for a deaf applicant.
(b) “Deaf applicant” is a pupil who seeks admission into the CSD's educational program and whose primary disability is severe hearing loss. A deaf applicant may also demonstrate the ability to use spoken language and may require related speech services.
(c) “Enrollment” is the registration of the deaf applicant into CSD's educational program.
(d) “Severe hearing loss” is a hearing loss so severe that it adversely affects the pupil's educational performance and ability to access the general education curriculum in a regular education program so that direct instruction using sign language is required.
(e) “Temporary assignment” is an applicant's presence at the CSD for purposes of completing an assessment of suitability for placement at the school. A temporary assignment shall not exceed the time limits set forth in Education Code section 56344(a), and does not guarantee admission. For purposes of stay put, a temporary assignment shall not constitute the last agreed upon placement.
NOTE
Authority cited: Section 59020, Education Code. Reference: 5 CCR Section 3030(a); Section 56342(a), Education Code; and 34 CFR Section 300.555.
HISTORY
1. New subchapter 2 (articles 1-2, sections 17660-17667), article 1 (sections 17660-17663) and section filed 8-13-2007; operative 8-13-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 33).
§17661. Admission Process for the California School for the Deaf (CSD).
Note • History
For purposes of determining whether a deaf applicant meets the criteria for enrollment, the following process shall be followed:
(a) The school district of residence (local education agency [LEA]) shall refer a deaf applicant to CSD by submitting an application packet to CSD.
(b) The completed application packet must be received by CSD within 60 calendar days of the referral. It is the responsibility of the LEA to complete the application packet and to submit it to CSD. Applications not completed within 60 days of the referral shall be returned to the deaf applicant's district of residence (LEA), and shall not be assessed for suitability of placement at CSD.
(c) The application packet shall contain the following information, assessments and reports:
(1) The last three years of Individualized Education Programs (IEP) or Individual Family Service Plans (IFSP) if completed;
(2) Audiograms, completed within one year of the date of the application of admission;
(3) The current assessments and/or reports prepared pursuant to Education Code section 56320, et seq. and as required to comply with Education Code section 56381; and
(4) Any additional assessments and/or reports dated within two years of the date of the application of admission which document:
(A) The impact of the deaf applicant's hearing loss;
(B) The deaf applicant's inability to auditorily access the general education curriculum; and
(C) Any other disabilities, conditions, or behaviors that may affect the deaf applicant's ability to access the general education curriculum.
(d) Once a completed application has been received, CSD shall initiate and complete an assessment of suitability for placement at CSD, in accordance with Education code section 56344. It is the sole responsibility of the deaf applicant's district of residence (LEA) to ensure compliance with Education Code section 56321 prior to CSD's commencement of the deaf applicant's assessment for suitability for placement. This assessment plan may include temporary assignment at CSD for purposes of determining eligibility for enrollment in the day or residential program and should include any necessary and appropriate amendments to the IEP to ensure appropriate services during this temporary assignment.
(e) Prior to the completion of the assessment of suitability for placement at CSD, the deaf applicant's IEP team, including the appropriate CSD personnel, shall meet to determine the appropriate placement. The IEP team may not make a determination of placement at CSD without the agreement of CSD personnel.
NOTE
Authority cited: Section 59020, Education Code. Reference: 5 CCR Section 3030(a); Section 56342(a), Education Code; and 34 CFR Section 300.555.
HISTORY
1. New section filed 8-13-2007; operative 8-13-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 33).
§17662. Eligibility for Enrollment in CSD's Day Program.
Note • History
The California Schools for the Deaf provide intensive, specialized services to students with or without additional disabilities whose primary education needs are due to their deafness. A deaf applicant who meets the following criteria may be eligible for enrollment or continued enrollment in the California School for the Deaf's (CSD) Instructional Program:
(a) The deaf applicant demonstrates the ability to learn and/or use American Sign Language as the primary mode of communication to access instruction, including as follows:
(1) The deaf applicant attends to communication in the environment;
(2) The deaf applicant visually attends to others in the environment;
(3) The deaf applicant evidences an understanding or awareness of the intended communication;
(4) The deaf applicant initiates or sustains interactions with others; and
(5) The deaf applicant has the ability to respond to a majority of instructions in an academic, functional, social, and self-care situation.
(b) The deaf applicant demonstrates that his or her primary educational needs are related to a severe hearing loss with or without additional disabilities.
(c) The deaf applicant demonstrates that he or she can benefit educationally from an ASL environment.
(d) The deaf applicant demonstrates the ability to access the general education or alternative curriculum with reasonable accommodations without requiring a fundamental alteration of the educational program of CSD.
NOTE
Authority cited: Section 59020, Education Code. Reference: 5 CCR Section 3030(a); Section 56342(a), Education Code; and 34 CFR Section 300.555.
HISTORY
1. New section filed 8-13-2007; operative 8-13-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 33).
§17663. Eligibility for Enrollment in CSD's Residential Program.
Note • History
Deaf applicants eligible for the CSD's day program are not automatically enrolled into the residential program. Enrollment into CSD's residential program is a separate and distinct consideration even for a pupil currently enrolled in CSD's day program. A deaf applicant who meets the criteria established by section 17662 may also be admitted into CSD's residential program, if CSD determines:
(a) The deaf applicant resides beyond a 60-minute commute each way between home and CSD using transportation the LEA provides for day pupils.
(b) The deaf applicant has the ability to respond independently and appropriately to life-threatening situations.
(c) The responsible local school district and parent/guardian have approved the deaf applicant's placement in the residential program.
(d) The deaf applicant does not have a history of un-rehabilitated behavior that poses a threat to themselves and/or others, including but not limited to substance abuse, fire-starting, sexually predatory behavior, or assault.
NOTE
Authority cited: Section 59020, Education Code. Reference: Section 59020, Education Code.
HISTORY
1. New section filed 8-13-2007; operative 8-13-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 33).
Article 2. California School for the Blind
Note • History
(a) An “applicant” includes “blind or visually impaired applicant,” and “deaf-blind applicant” and is a pupil between the age of 3 through 21 whose primary disability is a severe sensory loss which limits their ability to access the general education curriculum and who seeks admission into California School for the Blind's (CSB) educational program.
(b) “Assessment of suitability for placement” is the period of evaluation and review for purposes of determining whether the CSB is the appropriate placement for an applicant.
(c) “Enrollment” is the registration of the applicant into CSB's educational program.
(d) “Severe sensory loss” is a loss of vision, or vision and hearing combined, that severely affects the pupil's ability to access the general education or alternative curriculum and causes difficulty to such an extent that it adversely affects his/her educational performance requiring the services of personnel trained to work with blind, visually impaired or deaf-blind children.
(e) “Temporary assignment” is an applicant's presence at the School for purposes of completing an assessment of suitability for placement at the school. Temporary assignment shall not exceed the time limits set forth in Education Code section 56344(a), and does not guarantee admission. For purposes of stay put, the temporary assignment shall not constitute the last agreed upon placement.
NOTE
Authority cited: Section 59020, Education Code. Reference: 5 CCR Section 3030(a); Section 56342(a), Education Code; and 34 CFR Section 300.555.
HISTORY
1. New article 2 (sections 17664-17667) and section filed 8-13-2007; operative 8-13-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 33).
§17665. Admission Process for the California School for the Blind (CSB).
Note • History
For purposes of determining whether an applicant is qualified for enrollment in CSB, the following process shall be followed:
(a) The school district of residence (LEA) shall refer an applicant to CSB by submitting an application packet to CSB.
(b) The completed application packet must be received by CSB within 60 calendar days of the referral. It is the responsibility of the LEA to complete the application packet and submit it to CSB. Applications not completed within 60 days of the referral shall be returned to the applicant's district of residence (LEA), and the applicant shall not be assessed for suitability of placement at CSB.
(c) The Application shall contain the following information, assessments and reports:
(1) The last three years of IEP or IFSP if completed;
(2) An Ophthalmologic or optometric assessment completed within one year of the date of the application;
(3) The current assessments and/or reports prepared pursuant to Education Code sections 56320, et seq. and 56352, and as required to comply with Education Code section 56381; and
(4) Any additional assessments and/or reports dated within two years of the date of the application of admission which document:
(A) The impact of the applicant's vision or vision and hearing loss,
(B) The applicant's inability to visually or visually and auditorily access the general education curriculum; and
(C) Any other disabilities, conditions, or behaviors that may affect the applicant's ability to access the general education curriculum.
(d) Once a completed application has been received, CSB shall initiate and complete an assessment of suitability for placement at CSB, in accordance with Education Code section 56344. It is the sole responsibility of the applicant's district of residence (LEA) to ensure compliance with Education Code section 56321 prior to CSB's commencement of the applicant's assessment for suitability for placement. This assessment plan may include temporary assignment at CSB for purposes of determining eligibility for enrollment in the day or residential program and should include any necessary and appropriate amendments to the IEP to ensure appropriate services during this temporary assignment.
(e) Prior to the completion of the assessment of suitability for placement at CSB, the applicant's IEP team, including the appropriate CSB personnel, shall meet to determine the appropriate placement. The IEP team may not make a determination of placement at CSB without the agreement of CSB personnel.
NOTE
Authority cited: Section 59020, Education Code. Reference: 5 CCR Section 3030(a); Section 56342(a), Education Code; and 34 CFR Section 300.555.
HISTORY
1. New section filed 8-13-2007; operative 8-13-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 33).
§17666. Eligibility for Enrollment in CSB's Day Program.
Note • History
Applicants may be considered for admission if they can demonstrate they will benefit educationally from the CSB instructional program by showing:
(a) Applicant demonstrates that his or her primary educational needs are related to a severe sensory loss such that it affects the pupil's ability to access the general education or alternative curriculum.
(b) The ability to attend to non-visual stimuli.
(c) The ability to benefit from disability-specific instruction, as demonstrated by the following:
(1) potential to learn Braille, potential to use low vision aids;
(2) potential to benefit from expanded core curriculum instruction; and
(3) potential to benefit from adaptations to the environment.
(d) The ability to learn simple mobility patterns and routes around campus, as demonstrated by the following:
(1) The potential to use the white cane;
(2) The potential to orient self in space;
(3) The potential to learn own body and body parts; and
(4) The potential to learn concepts of directionality.
(e) Applicant demonstrates the ability to access the general education or alternative curriculum with reasonable accommodations without requiring a fundamental alteration of the educational program of CSB.
NOTE
Authority cited: Section 59020, Education Code. Reference: Sections 56350 and 56352, Education Code.
HISTORY
1. New section filed 8-13-2007; operative 8-13-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 33).
§17667. Eligibility for Enrollment in CSB's Residential Program.
Note • History
Applicants eligible for CSB's day program are not automatically enrolled into the residential program. Enrollment into CSB's residential program is a separate and distinct consideration even for a pupil currently enrolled in CSB's day program. An applicant who meets the criteria established by section 17666 may also be admitted into CSB's residential program, if CSB determines:
(a) The applicant resides beyond a 60-minute commute each way between home and CSB using transportation the LEA provides for day pupils.
(b) The applicant has the ability to respond independently and appropriately to life-threatening situations.
(c) The responsible local school district and parent/guardian have approved the applicant's placement in the residential program.
(d) The applicant does not have a history of un-rehabilitated behavior that poses a threat to themselves and/or others, including but not limited to substance abuse, fire-starting, sexually predatory behavior or assault.
NOTE
Authority cited: Section 59020, Education Code. Reference: Section 59020, Education Code.
HISTORY
1. New section filed 8-13-2007; operative 8-13-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 33).
Chapter 19. Child Care and Development Programs
Subchapter 1. Award of Funding for Child Care and Development Programs
Article 1. General Provisions
§17906. Fiscal Control. [Repealed]
Note • History
NOTE
Authority cited: Section 8248, Education Code. Reference: Section 8243, Education Code.
HISTORY
1. Repealer of Article 1 (Sections 17900-17918) filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39). For prior history, see Register 69, No. 51; Register 71, No. 20; Register 72, No. 30; and Register 74, No. 23.
2. New Article 1 (Section 17906) filed 8-18-78; effective thirtieth day thereafter (Register 78, No. 33).
3. Repealer filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§17930. Definitions. [Renumbered]
History
HISTORY
1. Amendment and renumbering of former Article 2 (Sections 17930-17946) to Part VIII, Chapter 1, Article 5 (Sections 80105-80117) filed 12-16-77; effective thirtieth day thereafter (Register 77, No. 51). For prior history see Register 77, No. 39; Registers 75, No. 44, No. 32, No. 25; and Register 74, No. 47.
Note • History
As used in this Chapter:
(a) “Additional funds” means award of new contracts or expanded contracts that increase the contractor's level of administrative responsibility. Additional funds do not include cost of living adjustments, rate increases, one-time-only supplemental funds or Alternative Payment program contingency funds.
(b) “Applicants headquartered in” means:
(1) Contractors or applicants that have provided child care and development services in the service delivery area, as defined in section 18000(f) of this Article, for at least three years immediately preceding the posting date of the Request for Applications (RFA); or
(2) Contractors or applicants that have their primary administrative offices for the child development program in the service delivery area as defined in section 18000(f) of this Article. The primary administrative office is that office which houses the executive officer(s), the fiscal functions, and other centralized support services as documented to the Internal Revenue Service and/or the California School Directory Web site located at http://www.cde.ca.gov.
(c) “Cost effective manner” for the purposes of Article 3 of this Chapter, means that services are provided at rates which are within the range of local market rates.
(d) “New contract” means either:
(1) a contract award to applicants who do not currently contract with the California Department of Education (CDE) for child care and development services; or
(2) a contract award to a current contractor that is for a program type as specified in Education Code section 8208(i) that is different than the child development contract(s) currently administered by the applicant.
(e) “Request for Applications (RFA)” means an announcement issued by the CDE for an award of new funding for child care and development services or expansion of existing level of services. The RFA includes, but is not limited to:
(1) the application content requirements;
(2) procedures and timelines for submission of an application for funding; and
(3) how the application will be scored.
(f) “Service delivery area” means the community, geographic area or political subdivision in which the child care and development services are to be provided as specified in the RFA.
NOTE
Authority cited: Sections 8261 and 8269, Education Code. Reference: Sections 8261, 8406.6 and 8447, Education Code.
HISTORY
1. Repealer and new section filed 11-21-88 operative 1-1-89 (Register 88, No. 50). For prior history, see Register 77, No. 39.
2. Change without regulatory effect amending subsections (b)(1)-(2), (d) and (e)(1)-(2) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
3. Amendment of section and Note filed 6-12-2012; operative 6-12-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 24).
§18001. Eligibility for Funding.
Note • History
(a) A current contractor is eligible to apply for new or additional funds except when one or more of the following conditions apply during the RFA cycle:
(1) the contractor is on conditional status because of fiscal or programmatic noncompliance as described in section 18303 or 18304; or
(2) the CDE's Child Development Division has conducted a compliance review pursuant to section 18023 and the contractor has failed to cure items of fiscal and programmatic noncompliance identified in the review within 12 months of the issuance of the compliance review report; or
(3) the CDE reduced the contractor's current year maximum reimbursement amount due to the contractor's inability to utilize its full contract amount, whether through low enrollment or low expenditures for the same contract type.
(b) An applicant that is not a current CDE contractor is not eligible to apply for funding if one of the following conditions apply:
(1) the contractor had a previous contract with the CDE that was terminated or not continued by the CDE for fiscal or programmatic noncompliance as described in section 18303 or 18304 within three years immediately preceding the date the RFA was posted; or
(2) the applicant contractor has an outstanding accounts receivable balance with the CDE; or
(3) the applicant contractor has a delinquent audit with the CDE pursuant to section 18073.
NOTE
Authority cited: Sections 8261 and 8269, Education Code. Reference: Sections 8261, 8406.6, 8447.5 and 8448, Education Code.
HISTORY
1. Repealer and new section filed 11-21-88; operative 1-1-89 (Register 88, No. 50). For prior history, see Register 76, No. 34.
2. Amendment of section and Note filed 6-12-2012; operative 6-12-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 24).
Article 2. Selection of Contractors
Note • History
(a) An applicant must submit a complete application in accordance with the instructions and timeline(s) contained in the RFA.
(b) If the application submitted is incomplete or not completed in accordance with the instructions and timeline(s), the CDE may reject it. If the CDE rejects it, no further review shall be made.
(c) Any change made to the contents of the RFA, shall be posted on the CDE's funding Web site located at http://www.cde.ca.gov/.
(d) All complete applications submitted in accordance with the instructions and timeline(s) in the RFA shall be evaluated as follows:
(1) Applications shall be evaluated and scored as specified in the RFA.
(2) If the RFA includes more than one service delivery area, applicants shall be considered for the service area(s) specified in their applications.
(3) Applicants headquartered in the service delivery area(s) specified in the RFA shall be given preference over applicants with the same score that are not headquartered in the specified area(s).
(e) The CDE shall notify all applicants in writing of their score.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8261 and 8445.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50). For history of former Article 2 (Sections 17930-17946), see Register 77, No. 51.
2. Amendment of section heading and section filed 6-12-2012; operative 6-12-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 24).
§18003. Appeals for Request for Applications.
Note • History
After receiving the written notification of its score as described in section 18002(e) above, an applicant may review its application, the criteria used to score the application, and any reader comments on its application. An applicant may appeal its score. If the applicant intends to appeal, the following appeal process shall apply:
(a) An applicant shall send a notice of appeal to the CDE's Child Development Division within ten business days of receipt of the notice of its score issued pursuant to section 18002(e).
(b) The notice to appeal shall contain the following information:
(1) the appellant's name, mailing address, and telephone number;
(2) the name(s) of the person(s) who will represent the appellant at the appeal hearing; and
(3) whether the representative(s) will attend the appeal hearing in person or communicate through a telephone conference call.
(c) Within ten days of receipt of the notice of appeal, the CDE will notify the appellant of the date, time and place of the appeal hearing in writing to the address provided pursuant to subdivision (b)(1).
(d) The appeal will be limited to the application submitted in response to the RFA.
(e) The CDE shall notify the appellant in writing of the results of the appeal within ten business days of the appeal hearing.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8261 and 8406.6, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of section heading and section filed 6-12-2012; operative 6-12-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 24).
Note • History
(a) Prior to announcing an award, the CDE shall verify:
(1) the applicant's eligibility for funding pursuant to section 18001 of this Division; and
(2) as applicable, all applicants who have filed appeals have either been notified of the results of their appeal or the applicant has withdrawn its appeal.
(b) The applicants will be awarded contract funding based on the applicant's score for the program narrative, the preference described in section 18002(d)(3), and the local child care planning council priority rankings established pursuant to Education Code section 8499.5(d).
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8261 and 8444, Education Code.
HISTORY
1. New section filed 6-12-2012; operative 6-12-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 24).
§18005. Contractor Eligibility for State Child Care Facilities Fund.
Note • History
In order for a contractor to be eligible to apply for a lease of a relocatable facility for extended day care, the contractor shall maintain a clear or provisional contract status.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8477, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18006. Priorities for State Child Care Facilities Fund (School Age Community Child Care Programs). [Repealed]
Note • History
NOTE
Authority cited: Section 8461, Education Code. Reference: Section 8477, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Change without regulatory effect repealing section filed 4-20-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 16).
Article 3. State Child Care Facilities Fund
§18007. Priorities for State Child Care Facilities Fund (GAIN).
Note • History
For programs serving participants in the Greater Avenues for Independence Act of 1985 (GAIN), priorities for the acquisition and leasing of facilities from the Child Care Facilities Fund are:
(a) First priority shall be given to extended day care programs that:
(1) Operate within the boundaries of school districts that have unhoused pupils;
(2) Have developed a plan to provide extended day care services in a cost effective manner; and
(3) Are providing or seeking to provide extended day care services in, or in close proximity to, public housing projects, or in areas of high density of recipients of benefits under the Aid to Families with Dependent Children programs in order to serve participants under the Greater Avenues for Independence Act of 1985 (GAIN).
(b) Second priority shall be given to extended day care programs that:
(1) Operate within the boundaries of a school district that has housed pupils;
(2) Have developed a plan to provide extended day care services in a cost effective manner; and
(3) Are providing or seeking to provide extended day care services in, or in close proximity to public housing projects, or in areas of high density of recipients of benefits under the Aid to Families with Dependent Children programs in order to serve participants under the Greater Avenues for Independence Act of 1985 (GAIN).
(c) Third priority shall be given to extended day care programs that:
(1) Operate within the boundaries of a school district that has unhoused pupils;
(2) Have developed a plan to provide extended day care services in a cost effective manner; and
(3) Are providing or seeking to provide extended day care services that are not in or in close proximity to public housing projects, or in areas of high density of recipients of benefits under the Aid to Families with Dependent Children programs in order to serve participants under the Greater Avenues for Independence Act of 1985 (GAIN).
(d) Fourth priority shall be given to extended day care programs that:
(1) Operate within the boundaries of a school district that has housed pupils;
(2) Have developed a plan to provide extended day care services in a cost effective manner; and
(3) Are providing or seeking to provide extended day care services that are not in or in close proximity to public housing projects, or in areas of high density of recipients of benefits under the Aid to Families with Dependent Children programs in order to serve participants under the Greater Avenues for Independence Act of 1985 (GAIN).
NOTE
Authority cited: Section 8461, Education Code. Reference: Section 8478.5, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18008. Funding Award Procedures for State Child Care Facility Funds.
Note • History
(a) No additional eligibility criteria beyond those specified in Section 18005 of this Division and Education Code Sections 8477 and 8478.5 shall be imposed.
(b) Based on the priorities and procedures specified in Sections 18006 and 18007 above, the Child Development Division shall make recommendations for funding to the State Allocation Board.
(c) Funds shall be awarded by the State Allocation Board based on availability and rules and procedures established by the State Allocation Board pursuant to Education Code Sections 8477(e) and 8478.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8477, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
Article 4. Contingency Funds for Alternative Payment Programs
§18009. Application for Contingency Funds.
Note • History
(a) Alternative Payment programs as defined in section 18018(e) of this Division may apply for funding for additional services which were provided pursuant to section 8222.1 of the Education Code by submitting a request to the California Department of Education, Office of External Audits.
(b) The request shall be in the form of a letter which must be submitted by October 31 of the fiscal year following the fiscal year in which the additional costs were incurred and services were provided.
(c) The Office of External Audits shall order payments from the contingency fund after verifying:
(1) the costs incurred and the level of additional services provided;
(2) that reimbursement from the contingency fund does not exceed five thousand dollars ($5,000) or two percent (2%) of the contractor's maximum reimbursable amount, whichever is greater; and
(3) that the contractor has not been reimbursed for additional services from the contingency fund for the prior two consecutive years.
NOTE
Authority cited: Section 8269, Education Code. Reference: Sections 8222.1 and 8278, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Change without regulatory effect amending subsections (a) and (b)(3) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
Article 5. Continued Funding
Note • History
(a) Contractors have no vested right to a subsequent contract.
(b) Contractors that are not on conditional contract status but which have evidenced fiscal or programmatic noncompliance with the provisions of this Division or Education Code Sections 8200 et seq., shall receive an administrative review in accordance with Section 18303 of this Division to determine whether they will receive an offer for continued funding.
(c) Contractors currently on conditional status that do not meet the requirements specified in the Conditional Status Addendum, as specified in Section 18305 of this Division, may not be offered a subsequent contract and shall be so notified by the Child Development Division at least ninety (90) calendar days prior to the end of the current contract period.
(d) Contractors that intend to accept the offer to continue services in the subsequent contract period shall respond to a continued funding application request from the Child Development Division in accordance with the instructions and timelines specified in the request.
(e) Failure to respond within the timelines specified in the continued funding application request shall constitute notification to the Child Development Division of the contractor's intent to discontinue services at the end of the current contract period unless the contractor has received a written extension of the original timeline from the Child Development Division.
NOTE
Authority cited: Sections 8261 and 8269, Education Code. Reference: Sections 8261 and 8406.6, Education Code.
HISTORY
1. Repealer and new section filed 11-21-88; operative 1-1-89 (Register 88, No. 50). For prior history, see Register 77, No. 39.
§18011. Location of the Program. [Repealed]
History
HISTORY
1. Repealer filed 11-21-88; operative 1-1-89 (Register 88, No. 50). For prior history, see Register 77, No. 39.
Subchapter 2. General Requirements
Article 1. General Provisions
Note • History
Unless otherwise provided in this Division, the regulations in this Chapter apply to all contracting agencies authorized to establish, maintain, or operate services pursuant to the Child Care and Development Services Act, Chapter 2, Part 6 of Title 1 of the California Education Code (commencing with Section 8200).
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8203, 8261 and 8269, Education Code.
HISTORY
1. Renumbering of former Chapter 2 (Sections 18140-18174) to Chapter 5 (Sections 18140-18174) filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Repealer and new section filed 11-21-88; operative 1-1-89 (Register 88, No. 50). For prior history, see Register 77, No. 39.
Note • History
As used in this Division:
(a) “Actual and allowable net costs” means the costs which may be reimbursed under a particular child development contract after disallowed costs and restricted income have been subtracted from total expenditures.
(b) “Adjusted child days of enrollment” means child days of enrollment after special needs adjustment factors specified in Education Code section 8265.5 have been applied.
(c) “Administrative costs” means costs incurred for administrative activities where neither the family, the child nor the service providers for Alternative Payment programs and family child care homes directly benefit from the activity.
(d) “Adult” for the purposes of this Division means a person who is at least 18 years of age.
(e) “Alternative Payment programs” means contracts designated as Alternative Payment, County Welfare Department, or Child Protective Services. Contracts designated as Exceptional Needs which operate in a vendor payment mode are included in the definition of Alternative Payment programs. Contractors operating Alternative Payment programs are not precluded from contracting for other program types as specified in Education Code section 8208(h).
(f) “Authorized representative” means a person who has been delegated the responsibility to sign a child in and out of a child care program in the absence of the parent.
(g) “Benefit to the state” means that the activity will improve knowledge or expertise in areas directly related to subsidized child care and development services.
(h) “Ceases operation” means the contractor does not provide subsidized services in accordance with the contractor's program operating calendar submitted to and approved by the Child Development Division for the applicable contract period.
(i) “Commingled child care services” means the provision of services to both subsidized and nonsubsidized children in the same classroom at the same time.
(j) “Contract period” means the time span the contract is in effect as specified in the child development contract.
(k) “Depreciation” means a cost in the current fiscal year that is based on acquisition costs, less any estimated residual value, computed on a straight line method (based on the normal, estimated useful life expectancy of the asset).
(l) “Disallowed costs” means costs which have been incurred but are not reimbursable because they are not reasonable and/or necessary for the performance of the contract as defined in section 18013(s) of this Division or are nonreimbursable as specified in section 18035 of this Division.
(m) “Indirect cost” means an expense that cannot be readily assigned to one specific program or one specific line item within a program.
(n) “Indirect cost allocation plan” means a written justification and rationale for assigning the relative share of indirect costs across more than one program or contract.
(o) “Maximum reimbursable amount” means the total dollar amount of a contract. Reimbursement from the State shall not exceed the maximum reimbursable amount. The initial maximum reimbursable amount shall be the approved original version of the annual contract based on the Budget Act as signed by the Governor.
(p) “Net reimbursable program costs” means the portion of the actual and allowable net costs which are incurred in the provision of child care and development services for subsidized children.
(q) “Private contractor” means an entity other than a public agency which is tax exempt or non-tax exempt and under contract with the California Department of Education (CDE) for the provision of child care and development services.
(r) “Public contractor” means a school district, community college district, county superintendent of schools, campus of the California State University or the University of California system, county, city or other public entity under contract with the CDE for the provision of child care and development services.
(s) “Reasonable and necessary costs” means expenditures that, in nature and amount, do not exceed what an ordinarily prudent person would incur in the conduct of a competitive business.
(t) “Restricted income” means income which the donor designates may only be expended for specific limited purposes that are reimbursable according to the contract.
(u) “Total contract amount” for the purpose of determining the limit of allowable administrative and program support services for Alternative Payment type programs means either the initial maximum reimbursable amount or the total of direct payments to providers, which includes family fees for certified children and interest earned on advanced contract funds, plus reimbursable administrative and support services costs, whichever is greater.
(v) “Total expenditures” means all costs for the provision of subsidized services under the contract and any nonsubsidized services which are provided in commingled classrooms.
(w) “Unnecessarily increase the value” means an improvement of a site beyond what is required to meet California Code of Regulations, title 22, Community Care Licensing Standards.
(x) “Unrestricted income” means income that has no restrictions regarding use by the donor, and income restricted by the donor for purposes that are not reimbursable according to the contract, including income for services to children not subsidized by the contract.
(y) “Use allowance” means an alternate method for claiming the use of the contractor's assets as a cost when depreciation methods are not used.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8208 and 8261, Education Code.
HISTORY
1. Repealer and new section filed 11-21-88; operative 1-1-89 (Register 88, No. 50). For prior history, see Register 77, No. 39.
2. Amendment of subsection (o), new subsection (u), subsection relettering and amendment of newly designated subsection (w) filed 11-13-2006 as an emergency; operative 11-13-2006 (Register 2006, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-13-2007 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 11-13-2006 order, including further amendment of section, transmitted to OAL 3-8-2007 and filed 4-17-2007 (Register 2007, No. 16).
4. Change without regulatory effect amending subsections (b), (d)-(e), (l) and (q)-(r) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
5. Change without regulatory effect amending subsections (b) and (e) filed 4-20-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 16).
§18014. Notification of Address Change.
Note • History
(a) Contractors shall notify the Child Development Division in writing of any change in mailing address for communication regarding the contract within ten (10) calendar days of the address change.
(b) Contractors shall notify the Child Development Division in writing of any proposed change in operating facility address(es) at least thirty (30) calendar days in advance of the change unless such change is required by an emergency such as fire, flood or earthquake.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8261, Education Code.
HISTORY
1. Repealer and new section filed 11-21-88; operative 1-1-89 (Register 88, No. 50). For prior history, see Register 77, No. 39.
§18015. Private Agencies; Open Board Meetings. [Repealed]
Note • History
NOTE
Authority cited: Sections 8203(f) and 8261, Education Code. Reference: Section 54951.7, Government Code.
HISTORY
1. Repealer and new section filed 11-21-88; operative -1-89 (Register 88, No. 50). For prior history, see Register 77, No. 39.
2. Change without regulatory effect repealing section filed 8-24-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 35).
§18016. Materials Developed with Contract Funds.
Note • History
(a) If the contractor receives income from materials developed with contract funds, the use of the income shall be restricted to the child development program.
(b) If the materials were developed in part with contract funds, the income from the sale of the materials that shall be used in the child development program shall be computed in direct proportion to the share of contract funds used in development of the materials.
(c) Materials developed with contract funds shall contain:
(1) An acknowledgement of the use of State funds in the development of materials;
(2) A disclaimer that the contents do not necessarily reflect the position or policy of the California Department of Education.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8261, Education Code.
HISTORY
1. Repealer and new section filed 11-21-88; operative 1-1-89 (Register 88, No. 50). For prior history, see Register 77, No. 39.
2. Change without regulatory effect amending subsection (c)(2) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§18017. Prohibition Against Religious Instruction or Worship.
Note • History
The contractor shall not provide nor be reimbursed for child care and development services which include religious instruction or worship.
NOTE
Authority cited: Section 8269, Education Code. Reference: Section 8265, Education Code.
HISTORY
1. Repealer and new section filed 11-21-88; operative 1-1-89 (Register 88, No. 50). For prior history, see Register 77, No. 39.
§18018. Prohibition Against Presigned Checks, Child Development Division Prior Written Approval; Two (2) Authorized Signatures on Checks.
Note • History
Except for external payroll services, private contractors:
(a) Shall not use any presigned, preauthorized, or pre-stamped checks, without the prior written approval of the Child Development Division; and
(b) Shall require two (2) authorized signatures on all checks unless:
(1) the contractor has a policy approved by its governing board requiring dual signatures only on checks above a specified dollar amount; and
(2) the annual audit verifies that appropriate internal controls are maintained.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8261, Education Code.
HISTORY
1. Repealer and new section filed 11-21-88; operative 1-1-89 (Register 88, No. 50). For prior history, see Register 77, No. 39.
§18019. Prohibition Against Loans and Advances.
Note • History
(a) Contractors shall not loan contract funds to individuals, corporations, organizations, public agencies or private agencies.
(b) Contractors shall not advance unearned salary to employees.
(c) Contractors shall not make advance payments to subcontractors and shall compensate subcontractors after services are rendered or goods are received except for:
(1) Subcontractors providing direct child care and development services; and
(2) Subcontractors with subcontracts exempt from the provisions of Article 2 of this Chapter as specified in Section 18026 of this Division.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8261, Education Code.
HISTORY
1. Repealer and new section filed 11-21-88; operative 1-1-89 (Register 88, No. 50). For prior history, see Register 77, No. 39.
§18020. Compliance with Title 22 California Code of Regulations.
Note • History
Contractors with facilities which are exempt by statute or otherwise exempt from licensure shall comply with health and safety regulations for day care centers and family child care homes as specified in Title 22 California Code of Regulations, Community Care Licensing Standards in order to qualify for child care and development program contract funds.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8261, Education Code.
HISTORY
1. Repealer and new section filed 11-21-88; operative 1-1-89 (Register 88, No. 50). For prior history, see Register 77, No. 39.
§18021. Payments to Family Child Care Providers. [Repealed]
Note • History
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8261, Education Code.
HISTORY
1. Repealer and new section filed 11-21-88; operative 1-1-89 (Register 88, No. 50). For prior history, see Register 77, No. 39.
2. Repealer filed 9-4-2003 as an emergency; operative 9-4-2003 (Register 2003, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-2-2004 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 12-29-2003 as an emergency; operative 12-29-2003 (Register 2004, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-27-2004 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-29-2003 order transmitted to OAL 4-26-2004 and filed 6-8-2004 (Register 2004, No. 24).
§18022. Contracts with Multiple Service Areas.
Note • History
(a) A contractor with more than one service delivery area as specified in and funded through a single contract shall maintain service at the same level, plus or minus ten percent (10%) of the contracted child hours or child days of enrollment, as applicable, in the individual service area(s) specified in its current contract.
(b) The contractor may request approval from the Child Development Division to vary service levels by more than ten percent (10%) if the contractor can demonstrate that the need for services in the designated area(s) has changed.
(c) The Child Development Division shall approve or deny the request within thirty (30) calendar days of receipt of the request.
(d) If the request is denied, the contractor may appeal this decision in accordance with Section 18308 of this Division.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8203 and 8269, Education Code.
HISTORY
1. Repealer and new section filed 11-21-88; operative 1-1-89 (Register 88, No. 50). For prior history, see Register 77, No. 39.
§18023. Compliance Reviews of Contractors.
Note • History
(a) Definitions.
(1) “Compliance review” means that a team of California Department of Education staff reviews a contractor's program at the program site to determine compliance with applicable laws, regulations, or contractual provisions.
(2) “CCR” means the monitoring and review instrument for child development programs that is used to determine compliance and is contained within the “Coordinated Compliance Review Guide -- 2003-2004”, a document that is incorporated by reference.
(b) At least once every three (3) years and as resources permit, the California Department of Education shall conduct reviews at the contractor's office(s) and operating facility(ies) to determine the contractor's compliance with applicable laws, regulations or contractual provisions.
(c) The reviews shall be conducted according to the provisions of CCR, as defined in subsection (a)(2) of this section.
(d) The reviews shall be conducted by consultants, analysts, and/or management staff of the California Department of Education or other State of California representatives.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8261, Education Code.
HISTORY
1. Repealer and new section filed 11-21-88; operative 1-1-89 (Register 88, No. 50). For prior history, see Register 77, No. 39.
2. Amendment of section and Note filed 9-23-2003; operative 9-23-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 39).
§18024. Contractor's Termination for Convenience.
Note • History
(a) A contractor may terminate the contract for any reason during the contract term.
(b) The contractor shall notify the Child Development Division of its intent to terminate the contract at least ninety (90) calendar days prior to the date the contractor intends to terminate the contract.
(c) Within fifteen (15) days from the date the contractor notifies the Child Development Division of its intent to terminate the contract, the contractor shall submit:
(1) A current inventory of equipment purchased in whole or in part with contract funds; and
(2) The names, addresses and telephone numbers of all families served by the contract and all staff members funded by the contract.
(3) Family child care home and Alternative Payment program contractors shall also submit the names, addresses and telephone numbers of all providers of subsidized services funded by the contract.
(d) Upon receipt of a notice of intent to terminate, the Child Development Division will transfer the program to another agency as soon as practicable.
NOTE
Authority cited: Sections 8261 and 8269, Education Code. Reference: Sections 8261 and 8269, Education Code.
HISTORY
1. Repealer and new section filed 11-21-88; operative 1-1-89 (Register 88, No. 50). For prior history, see Register 77, No. 39.
§18025. Title, Use, Disposition and Retention of Equipment.
Note • History
(a) Title. When equipment is purchased with State funds, title shall vest in the contractor only for such period of time as the contractor has a contract with the California Department of Education (CDE).
(b) Retention of Equipment. The Child Development Division (CDD) may provide written authorization for the contractor to retain the equipment for the contractor's own use if a fair compensation is paid to the State for the State's share of the cost of the equipment. Fair compensation shall be determined by the State using the State's share of original acquisition cost, less depreciation, computed on a straight line method over the estimated useful life expectancy of the equipment.
(c) Use. When equipment is purchased in whole or in part with State funds, the contractor shall use the equipment exclusively in the program(s) from which funds were used to purchase the equipment. If the contractor wishes to share the use of the equipment between/among two or more programs, the cost of such equipment shall be prorated between/among the programs.
(d) Disposition. If the contractor no longer has a contract with the CDE, the contractor shall dispose of the equipment in accordance with written directions from the CDD.
NOTE
Authority cited: Sections 8261 and 8269, Education Code. Reference: Sections 8261 and 8269, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
Article 2. Subcontracts
§18026. Subcontracts Excluded from Scope of This Article.
Note • History
The following types of relationships are not subject to the regulations contained in this Article:
(a) Employment agreements;
(b) Facility rental or lease agreements;
(c) Payment arrangements with family child care homes;
(d) Payment arrangements with child care providers for Alternative Payment programs;
(e) Medical or dental service agreements;
(f) Bookkeeping/auditing agreements, except for Section 18027;
(g) Food services agreements;
(h) Janitorial and groundkeeping agreements;
(i) A subcontract with a public agency; and
(j) Subcontracts with an individual for less than ten thousand dollars ($10,000.00), except for Section 18027.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8261, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18027. Private Contractors; Three (3) Bids for Subcontracts Exceeding the Amount Stated in Annual Contract.
Note • History
Private contractors shall obtain at least three (3) bids or estimates for subcontracts that exceed the amount stated for subcontract bid requirements in the annual child development contract.
(a) The subcontract shall be awarded to the lowest responsible bidder.
(b) If three (3) bids or estimates cannot be obtained, the private contractor shall maintain documents in its records that establish:
(1) The reasons why three (3) bids or estimates could not be obtained; and
(2) The reasonableness of the proposed expenditure without three (3) bids or estimates.
(c) The contractor shall not split subcontracts to avoid competitive bidding requirements.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8261, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18028. Prior Child Development Division Approval Required for All Subcontracts Exceeding the Amount Stated in the Annual Child Development Contract.
Note • History
Contractors shall obtain prior written approval from the Child Development Division for subcontracts that:
(a) Are not excluded from the provisions of this Article by Section 18026 of this Division; and
(b) Exceed the amount stated for subcontract approval in the annual child development contract.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8261, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18029. Required Documents for Prior Child Development Division Approval of Subcontracts.
Note • History
The contractor shall submit the following documents to the Child Development Division before entering into any agreement with a proposed subcontractor and before any work begins pursuant to the proposed subcontract:
(a) A copy of each bid or estimate;
(b) If applicable, the documents required to be maintained under Section 18027(b) of this Division;
(c) Identification of the lowest responsible bidder selected by the contractor;
(d) For capital outlay subcontracts, documents showing that the bidder selected by the contractor has obtained a payment bond in an amount not less than one-half (1/2) the amount of the proposed subcontract; and
(e) Two (2) copies of the proposed subcontract, including a proposed line-item budget which shows the costs of the services to be performed. The budget for a proposed subcontract for renovation and repair shall show the total cost of labor and the total cost of materials.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8261, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18030. Child Development Division Approval or Disapproval of Subcontract Within Thirty (30) Calendar Days.
Note • History
(a) The Child Development Division shall approve or disapprove a proposed subcontract submitted for prior approval within thirty (30) calendar days following the receipt of all required documents.
(b) Upon approval or disapproval, the Child Development Division shall return a copy of the approved subcontract or a copy of the disapproved subcontract to the contractor.
(c) A disapproved contract will include a statement of the reason(s) for not approving the subcontract.
(d) If the request for approval of a subcontract is denied, the contractor may appeal the decision in accordance with instructions specified in Section 18308 of this Division.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8261, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18031. Required Subcontract Provisions.
Note • History
Every subcontract shall specify:
(a) The dates within which the subcontractor is to perform the contract. The time for subcontractor performance shall not begin prior to, nor shall the time extend beyond, the time period of the contract between the contractor and the State.
(b) The dollar amount of the subcontract or specify an amount not to exceed a maximum dollar amount.
(c) The service(s) to be provided under the subcontract.
(d) The responsibilities of each party under the subcontract.
(e) That the subcontractor, and the agents and employees of the subcontractor, in the performance of the subcontract, are acting in an independent capacity and not as officers or employees or agents of the State of California.
(f) That modifications of the subcontract shall be in writing, and that for subcontracts in excess of the amount stated in the annual child development contract, prior written Child Development Division (CDD) approval is required unless the subcontract is otherwise exempt from prior CDD approval.
(g) That the subcontract is the complete and exclusive statement of the mutual understanding of the parties and that the subcontract supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of the subcontract.
(h) Remedies, in case of a breach of contract, for subcontracts in excess of $10,000.00.
(i) That the State of California retains title to any equipment or supplies purchased with State funds and that the equipment shall be returned to the contractor upon termination of the subcontract. The subcontract shall also specify that the subcontractor shall obtain prior written approval from the contractor and the CDD for any unit of equipment that costs in excess of the amount stated in the annual child development contract.
(j) That the subcontractor shall be reimbursed for travel and per diem expenses only at rates that do not exceed the rates paid to the majority of California Department of Education's represented employees computed in accordance with State Department of Personnel Administration regulations, Title 2, California Code of Regulations, Subchapter 1.
(k) That the subcontractor agrees to indemnify and hold harmless the State of California, its officers, agents and employees from any and all claims and losses occurring or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of the subcontract, and from any and all claims and losses occurring or resulting to any person, firm or corporation that may be injured or damaged by the subcontractor in the performance of the subcontract.
(l) That for those subcontracts requiring CDD prior approval, the subcontractor shall maintain records for program review, evaluation, audit and/or other purposes and make the records available to agents of the State for a period of five years.
(m) Contain provisions of the “Nondiscrimination Clause” included in the prime contract as specified in Title 2 California Code of Regulations, Chapter 5, section 8107.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8261, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Change without regulatory effect amending subsections (f), (h)-(j), (l) and (m) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§18032. Audit Requirements for Subcontracts.
Note • History
(a) Subcontracts requiring Child Development Division approval shall be audited in accordance with California Department of Education (CDE) Audit Guidelines.
(b) The cost of the audit shall be reimbursable and shall be borne by the contractor either directly or as an allowance in the subcontract.
(c) The audit of the subcontract shall be submitted to the CDE as follows:
(1) School districts, county offices of education and community colleges shall submit the audit of the subcontract by the fifteenth day of the fifth month following the fiscal year in which the subcontracted services were performed;
(2) All other contractors shall submit the subcontract audit along with the contractor's audit as specified in section 18071 of this Division.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8448, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Change without regulatory effect amending subsections (a), (c) and (c)(2) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
Article 3. Costs
Note • History
Contractors will be reimbursed for actual costs that are reasonable and necessary to the performance of the contract as defined in Section 18013(s) of this Division.
NOTE
Authority cited: Sections 8261 and 8269, Education Code. Reference: Sections 8265 and 8275, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18034. Specific Items of Reimbursable Costs.
Note • History
Reimbursable costs include, but are not limited to, the following:
(a) Start-up costs specified in Education Code Section 8275, not to exceed fifteen percent (15%) of the annual contract amount.
(b) Close-down costs for Migrant Programs as specified in Education Code Section 8233.
(c) Administrative costs, not to exceed fifteen percent (15%) of net reimbursable program costs. Such costs include activities that do not provide a direct benefit to the children, parents, or providers.
(d) Employee compensation, including fringe benefits, and personal service contracts.
(e) Equipment and equipment replacement with prior Child Development Division approval if required in the annual child development contract.
(f) Improvement of sites and adjacent grounds to meet or continue to meet Title 22 California Code of Regulations, Community Care Licensing Standards. Reimbursable improvements are those that:
(1) do not unnecessarily increase the value as defined in 18013(v) of this Division of a facility; and
(2) the contractor has obtained prior Child Development Division approval if required in the annual child development contract.
(g) Taxes, insurance, and maintenance for buildings and/or equipment.
(h) Depreciation based on the useful life of an asset using a straight line method from the original date of acquisition. Depreciation shall not be claimed on land, donated assets or assets purchased with public funds.
(i) A use allowance for buildings and improvements, computed at annual rate not to exceed two percent (%) of acquisition costs. A use allowance for equipment computed at an annual rate not to exceed six and two-thirds percent (6 2/3%) of acquisition costs. A use allowance shall not be claimed on assets purchased with contract funds or on land, and shall not be claimed for assets for which depreciation has been claimed.
(j) Travel and per diem expenses, including approved out-of-state travel, at rates not to exceed those rates paid to the majority of State Department of Education's represented employees computed in accordance with State Department of Personnel Administration regulations, Title 2 California Code of Regulations, Subchapter 1. The Child Development Division shall notify the contractor of a change in expense rates within thirty (30) calendar days after the Child Development Division has received notification of a change in rates from the State Department of Personnel Administration.
(k) An indirect cost rate based on an approved cost allocation plan, not to exceed the rate specified in the annual child development contract.
NOTE
Authority cited: Sections 8261 and 8269, Education Code. Reference: Sections 8261 and 8269, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18035. Nonreimbursable Costs.
Note • History
The following costs shall not be reimbursable under the child development contract:
(a) Bad debts, including losses arising from uncollectible accounts and any related legal costs. Uncollected parent fees are not considered to be bad debts if documentation of collection attempts exists;
(b) Contributions;
(c) Costs of amusement or entertainment;
(d) Costs of fines or penalties;
(e) Costs of idle facilities unless those costs are related to a partial year program and the costs of the idle facilities have been approved by the Child Development Division;
(f) Costs incurred after the contract has been terminated;
(g) Fund raising costs except as specified in Section 18277 of this Division;
(h) Consumer interest except:
(1) Interest on borrowed funds when apportionments are withheld because of a delay or error attributable to the State and the amount of interest claimed is approved by the Child Development Division; or
(2) when interest is part of a lease purchase agreement.
(i) Investment management costs;
(j) Costs of organization of a nonprofit corporation such as incorporation fees or consultant fees;
(k) Public relations consultant fees;
(l) Costs of legal, consulting and accounting services incurred in prosecution of claims against the State;
(m) State and federal income taxes;
(n) Costs for the acquisition of sites and buildings except through depreciation;
(o) Bonuses unless part of a collective bargaining agreement;
(p) Compensation to the members of the board of directors except for:
(1) reimbursement, computed in accordance with Section 18034 of this Division, for travel and/or per diem incurred while the members are conducting business for the organization; and
(2) as provided in the California Corporation Code Section 5227, et seq.
(g) Costs of subcontracts which increase the contractor's cost or subcontracts which contain a provision for reimbursement for cost-plus a percentage-of-costs.
NOTE
Authority cited: Sections 8261 and 8269, Education Code. Reference: Sections 8208(o) and 8269, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18037. Charging of Expenditures.
Note • History
Reimbursement for net reimbursable program costs shall meet the following criteria:
(a) Costs must be incurred during the contract period.
(b) Contractors shall not use current year contract funds to pay prior or future year obligations.
(c) The cost of the annual independent audit may be claimed either in the contract period which was the subject of the audit or during the contract period in which the audit is completed.
NOTE
Authority cited: Sections 8261 and 8269, Education Code. Reference: Sections 8261 and 8269, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18038. Recoupment of Advanced Contract Funds.
Note • History
(a) The State Department of Education shall recoup any payments made for costs which were not reasonable and necessary. The amount that is recouped shall be the excess payment over the reasonable or fair market value, or one hundred percent (100%) of the cost, if the cost was not necessary.
(b) The State Department of Education may elect to recover any costs of recoupment, including collection services or attorney fees.
NOTE
Authority cited: Sections 8265 and 8269, Education Code. Reference: Section 8269, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18039. Use of Subsidized Parent Fees.
Note • History
(a) Fees received from subsidized parents are to be expended and earned by the contractor before contract funds shall be claimed for reimbursement.
(b) Such fees shall be expended on reimbursable costs and earned by providing child days/hours of enrollment beyond the minimum required by the contract at a rate equal to the lesser of the daily/hourly contract rate or the actual cost.
NOTE
Authority cited: Sections 8261 and 8269, Education Code. Reference: Sections 8261 and 8265, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18040. Prior Approval for Certain Capital Outlay Expenditures.
Note • History
(a) When expenditures for equipment, equipment replacement and improvements exceed the level specified in the annual child development contract, private contractors shall obtain at least three (3) bids or estimates;
(1) Award shall be made to the lowest responsible bidder;
(2) If three (3) bids or estimates cannot be obtained, the contractor shall maintain documentation that specifies the reason(s) why three (3) bids or estimates could not be obtained and establishes the reasonableness of the cost without three (3) bids or estimates;
(b) When expenditures for equipment, equipment replacement and improvements exceed the level specified in the annual child development contract, the contractor shall request prior written approval from the Child Development Division.
(c) The Child Development Division shall approve or deny the request for the capital outlay expenditure within thirty (30) calendar days of the receipt of the request;
(d) If the request is denied, the contractor may appeal the decision in accordance with instructions specified in Section 18302 of this Division.
NOTE
Authority cited: Sections 8261 and 8269, Education Code. Reference: Sections 8261 and 8265, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18041. Prior Approval for Out-of-State Travel.
Note • History
(a) Contractors shall be reimbursed for out-of-state travel expenses only with prior written approval from the Child Development Division. The Child Development Division shall not approve out-of-state travel expenses:
(1) For more than one employee per contract per year;
(2) For contractors with delinquent accounts payable which are delinquent more than ninety (90) calendar days after the date of the original invoice;
(3) For contractors on conditional status;
(4) When there is no clear benefit to the state; or
(5) When the benefit to the state can be obtained within California.
(b) The Child Development Division shall approve or deny the request for out-of-state travel within thirty (30) calendar days of the receipt of the request;
(c) If the request is denied, the contractor may appeal the decision in accordance with instructions specified in Section 18308 of this Division.
NOTE
Authority cited: Sections 8261 and 8269, Education Code. Reference: Sections 8261 and 8265, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
Article 4. Determination of Reimbursement
§18054. Determination of Reimbursable Amount.
Note • History
(a) Except for Resource and Referral programs and Alternative Payment type programs, all contractors shall be reimbursed for an audited claim that is the least of the following:
(1) The maximum reimbursable amount as stated in the annual child development contract; or
(2) The net reimbursable program costs; or
(3) The product of the adjusted child days of enrollment for certified children, times the contract rate per child day of enrollment, times the actual percentage of attendance plus five percent (5%), but in no case to exceed one hundred percent (100%) of enrollment;
(b) Resource and Referral programs will be reimbursed for the lesser of subdivisions (a)(1) or (a)(2) of this section.
(c) Alternative Payment type programs shall be reimbursed for an audited claim that is the least of the following:
(1) The maximum reimbursable amount as stated in the annual child development contract; or
(2) The amount earned, which is reimbursable expenditures of:
(A) direct payments to providers, which includes family fees for certified children and interest earned on advanced contract funds; and
(B) actual administrative and support costs directly related to child care services provided, which combined cannot exceed the allowable percentage of the total contract amount.
NOTE
Authority cited: Sections 8261 and 8269, Education Code. Reference: Section 8265, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of subsection (a) and new subsections (c)-(c)(2)(B) filed 11-13-2006 as an emergency; operative 11-13-2006 (Register 2006, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-13-2007 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 11-13-2006 order, including amendment of subsection (c)(2)(B), transmitted to OAL 3-8-2007 and filed 4-17-2007 (Register 2007, No. 16).
4. Change without regulatory effect amending subsections (a)(3) and (b) filed 4-20-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 16).
§18055. Minimum Days of Operation.
Note • History
If the contractor fails to operate at least ninety eight percent (98%) of the minimum days of operation required in its contract, ceases operation or the contract is terminated prior to the end of the contract period, the maximum reimbursable amount shall be reduced in proportion to the percentage of the contract minimum days of operation that the contractor was not in operation.
NOTE
Authority cited: Section 8269, Education Code. Reference: Section 8269, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18056. Reduction, Withholding, and Cancelling Apportionments to Contractors.
Note • History
(a) The California Department of Education (CDE) shall reduce, withhold or cancel any scheduled apportionment when one or more of the following conditions exist:
(1) The contractor has not submitted an acceptable audit for any prior year of operation on or before the date due.
(2) The contractor has not submitted the reports required by sections 18068, 18069, 18070, 18071, 18072 and 18073 of this Division, if applicable, on or before the date due.
(3) The contractor will not earn the full contract amount based on the current year projected and the prior year actual net reimbursable programs costs as determined by the CDE, Local Assistance Bureau.
(4) A creditor of the contractor has placed a lien on the contractor's scheduled apportionments.
(5) The contractor has accounts payable which are:
(A) more than 90 days delinquent to the CDE; and
(B) not under appeal as specified in either section 18301 or section 18308 of this Division.
(b) If any apportionment is to be reduced, withheld or cancelled, the CDE shall provide the contractor prior written notice of the intended action.
NOTE
Authority cited: Sections 8261 and 8269, Education Code. Reference: Sections 8261 and 8265, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
Note • History
Expenditure from the Child Development Fund shall occur in the following order:
(a) Fees collected from parents of certified children shall be first in and first out.
(b) State or federal contract funds apportioned by the California Department of Education (CDE) shall be second in and second out.
(c) Interest received on advanced CDE funds shall be last in and last out.
NOTE
Authority cited: Sections 8261 and 8269, Education Code. Reference: Sections 8261 and 8265, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Change without regulatory effect amending subsections (b) and (c) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
Article 5. Accounting and Reporting Requirements
Note • History
Contractors shall report expenditures on an accrual basis.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8261 and 8448(g), Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 0).
§18064. Child Development Fund; Interest Bearing Accounts.
Note • History
(a) All contractors shall establish a fund to be known as the “Child Development Fund” as specified in Education Code Section 8328, except that private contractors shall establish the fund in a federally insured banking institution located in California.
(b) Contractors with multiple fund sources shall establish separate program cost accounts for each source of funds.
(c) If a contractor places advanced contract funds in an interest bearing account, the interest bearing account shall be a separate account within the Child Development Fund.
(d) Interest earned shall be retained by the contractor if:
(1) Expended on reimbursable costs; and
(2) Except Resource and Referral programs, earned by providing subsidized days/hours of enrollment beyond the minimum required to earn the maximum reimbursable amount at a rate equal to the lesser of the daily/hourly contract rate or the actual program costs.
NOTE
Authority cited: Sections 8261 and 8269, Education Code. Reference: Sections 8261 and 8328, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18065. Enrollment and Attendance Accounting.
Note • History
(a) Contractors operating centers and/or family child care homes shall use daily sign-in/sign-out sheets as a primary source document for audit and reimbursement purposes.
(b) One of the following persons shall enter the time of arrival and departure on a sign-in/sign-out sheet and, except as specified in Subsection (c) below, shall sign the sheet using their full signature:
(1) The parent or other adult authorized by the parent to drop off/pick up a child; or
(2) The staff person designated by the contractor as the person responsible for entering the times of arrival and departure if the child is not dropped off/picked up by a parent or other adult authorized by the parent.
(c) First and last initials of the contractor's authorized representative along with a notation of the time are required to document when a school-age child departs for and returns from school during the day.
(d) Contractors operating an Alternative Payment program may use an alternative to daily sign-in/sign-out sheets as documentation of attendance for reimbursement purposes with the prior written approval of the Child Development Division.
NOTE
Authority cited: Sections 8261 and 8269, Education Code. Reference: Sections 8261 and 8269, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18066. Verification of Excused Absence; Policies.
Note • History
(a) If the absence is claimed by the contractor as an excused absence as defined in Education Code Section 8208(d), the attendance accounting records shall contain verification that includes:
(1) The name of the child;
(2) The date(s) of absence;
(3) The specific reason for the absence; and
(4) The signature of the parent or the contractor's authorized representative if verification is made by telephone.
(b) If an excused absence is based on time spent with a parent or other relative as required by a court of law, the basic data file shall contain a copy of the Court Order.
(c) Contractors shall adopt reasonable policies delineating circumstances that would constitute an excused absence for “family emergency” and “in the best interest of the child.”
(d) Contractors shall also adopt a policy governing unexcused absences which may include reasonable limitations, if any.
(e) Contractors shall inform parents of these policies.
(f) Except for children who are recipients of protective services or at risk of abuse or neglect, excused absences “in the best interest of the child” shall be limited to ten (10) days during the contract period.
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Sections 8208(d), 8261 and 8263, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of subsection (f) filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to emergency amendment filed 10-14-2005 by operation of Government Code section 11346.1(f). Certificate of Compliance as to 5-6-2005 order transmitted to OAL 9-2-2005; disapproved by OAL and order of repeal as to 5-6-2005 order filed on 10-14-2005 (Register 2005, No. 41).
4. Amendment filed 10-14-2005 as an emergency; operative 10-14-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-13-2006 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 10-14-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 20).
§18067. General Recordkeeping Requirements.
Note • History
(a) All records shall be retained for a minimum period of five (5) years.
(b) Claims for reimbursement shall not be paid unless there are documents to support the claims. The contractor has the burden of supporting claims for reimbursement.
NOTE
Authority cited: Sections 8261 and 8269, Education Code. Reference: Sections 8261 and 8269, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18068. Attendance and Expenditure Reports.
Note • History
(a) Contractors shall submit reports containing the following information for each contract to the California Department of Education at intervals specified in the annual child development contract:
(1) Days/hours of enrollment and attendance for all children served in the program in the current reporting period and year to date;
(2) Total days of operation in the current reporting period and year to date;
(3) Except for contractors operating Alternative Payment programs, the report shall include all services, revenues and expenditures for both subsidized and nonsubsidized children if nonsubsidized and subsidized children are commingled as defined in section 18013(i) of this division;
(4) Amount and sources of all revenues other than advanced contract funds for the current reporting period and the year to date; restricted and unrestricted income shall be reported as follows:
(A) restricted income expended during the contract period shall be reported as “restricted”; restricted income that is not expended during the contract period remains restricted and shall be considered “deferred revenue”;
(B) all unrestricted income shall be reported as “unrestricted”;
(5) Total expenditures related to the program operation for the current reporting period and the year to date, including all expenses for specific purposes as designated by restricted income and all non-reimbursable expenses.
(b) Reports not received by the due dates shall be considered delinquent. Penalties for delinquent reporting are specified in section 18056 of this division.
(c) Contractors on conditional or provisional status shall report monthly.
NOTE
Authority cited: Section 8269, Education Code. Reference: Section 8269, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment filed 4-17-2007; operative 4-17-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 16).
§18069. Service Data Report for Resource and Referral Programs.
Note • History
Contractors operating Resource and Referral programs shall submit reports to the Child Development Division which contain the following data at intervals specified in the annual child development contract:
(a) Number of requests for general child care information and child care referrals.
(b) Age categories of child care requests and referrals:
(1) Infants (birth to eighteen months);
(2) Toddlers (eighteen months to thirty-six months);
(3) Preschool (3 years to kindergarten enrollment); and
(4) School-age (kindergarten enrollment to age 14).
(c) Time categories of child care referrals:
(1) Full-time;
(2) Part-time;
(3) Before and after school;
(4) Occasional (drop-in, temporary, emergency care);
(5) Summer care only; and
(6) Special time categories (nights, weekends, rotating shifts, swing shift, graveyard shift, etc.).
(d) Reasons for requesting referrals:
(1) Employed or seeking employment;
(2) School or training;
(3) Respite care (emergency only);
(4) Parental relief (non-emergency);
(5) Child's developmental or special need;
(6) Child is ill and cannot attend school or usual child care arrangement; and
(7) Child Protective Service referral.
(e) Number of technical services provided:
(1) Written materials;
(2) Telephone consultations;
(3) Program visitations;
(4) Office consultations;
(5) Resource information library;
(6) Toy/equipment lending library;
(7) Published newsletters;
(8) Conducted workshops or conferences;
(9) Attended meetings with child care providers;
(10) Attended meetings with child care related service agencies;
(11) Coordinated workshops or conferences; and
(12) Media contacts.
(f) Referral procedures utilized:
(1) Telephone referrals service;
(2) Answering machine requests for referrals;
(3) Office hours for appointments or drop-in referrals; and
(4) Evening or weekend office hours for referrals.
(g) Types of child care providers in resource file:
(1) Centers;
(2) Family child care home (licensed); and
(3) In-home caregivers.
(h) Responses to referral requests:
(1) Method of response;
(2) Number of responses; and
(3) Languages used to respond.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8212, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of subsection (d)(7) and amendment of Note filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to emergency amendment filed 10-14-2005 by operation of Government Code section 11346.1(f). Certificate of Compliance as to 5-6-2005 order transmitted to OAL 9-2-2005; disapproved by OAL and order of repeal as to 5-6-2005 order filed on 10-14-2005 (Register 2005, No. 41).
4. Amendment filed 10-14-2005 as an emergency; operative 10-14-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-13-2006 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 10-14-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 20).
Note • History
(a) Contractors shall submit statistical, cost and program data as requested by the California Department of Education (CDE) in order for the CDE to prepare various legislatively mandated reports, to meet state and federal reporting requirements, and for the effective administration of child care and development programs.
(b) By September 30 of each year, the CDE shall issue a notice to all affected child development contractors of any data collection efforts planned for the current contract period.
(c) Contractors shall submit the data to the CDE by the date specified in the CDE's request for this information.
(d) Reports not received by the required due date shall be considered delinquent. Penalties for delinquent reporting are specified in section 18056 of this Division.
(e)(1) Contractors shall provide a copy of the Child Care Data Collection Privacy Notice and Consent Form CD 9600A (New 01/01/00) which is incorporated by reference herein, to any head of a family unit at the time of enrollment and shall obtain a signed copy of that form indicating the head of household's decision whether to authorize or not authorize release of his or her social security number for the purposes of data collection and program management as described in this section.
(2) Each signed Child Care Data Collection Privacy Notice and Consent Form CD 9600A (New 01/01/00), whether the head of a family unit authorized or did not authorize release of his or her social security number, shall be retained by the contractor pursuant to the requirements of sections 18081 and 18117 of these regulations.
NOTE
Authority cited: Sections 8261 and 8261.5, Education Code. Reference: Sections 8261.5 and 8280, Education Code; Section 1798.24, Civil Code; and Section 7 of the Privacy Act of 1974 (Title 5, United States Code, Section 552a, Note: Disclosure of Social Security Numbers).
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of section heading and subsections (a) and (b), new subsections (e)(1) and (e)(2), and amendment of NOTE filed 12-29-99 as an emergency; operative 1-1-2000 (Register 99, No. 53). A Certificate of Compliance must be transmitted to OAL by 5-1-2000 or emergency language will be repealed by operation of law on the following day.
3. Amendment of section heading and subsections (a) and (b), new subsections (c)(1) and (c)(2) and amendment of Note refiled 4-28-2000 as an emergency; operative 4-28-2000 (Register 2000, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-28-2000 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-28-2000 order, including further amendment of Note, transmitted to OAL 7-19-2000 and filed 8-30-2000 (Register 2000, No. 35).
5. Change without regulatory effect amending subsections (a)-(d) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
Note • History
(a) Contractors shall submit to the California Department of Education (CDE) Office of External Audits an acceptable annual financial and compliance audit.
(b) All audits shall be performed by:
(1) A Certified Public Accountant who possesses a valid license to practice within the State of California;
(2) A Public Accountant licensed on or before December 31, 1970 and currently certified and licensed by the State of California; or
(3) A member of the CDE staff of auditors.
(c) Non-school district contractors shall submit the audit by the fifteenth day of the fifth month following the end of the contract period or earlier if specified by the CDE.
(d) The audits for school districts and county offices of education shall be submitted to the State Controller by November 15, or by December 31 if an extension has been approved by the applicable county superintendent of schools.
(e) If, for any reason, the contract is terminated during the contract period, the audit shall cover the period from the beginning of the contract through the date of termination.
(f) Public agencies may have their audits prepared by in-house auditors if the public contractor has internal audit staff that performs auditing functions and meets the tests of independence found in Standards for Audits of Governmental Organization, Programs, Activities, and Functions issued by the Comptroller General of the United States.
(g) Subcontracts which are required to have approval from the Child Development Division prior to their execution as specified in section 18028 of this Division shall be audited in accordance with the requirements stated in section 18032 of this Division.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8261, 8448, 33420 and 41020.5.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Change without regulatory effect amending subsections (a), (b)(3)-(c) and (g) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§18072. Review of Audit by the California Department of Education Office of External Audits.
Note • History
(a) The California Department of Education Office of External Audits shall conduct a review of the audit to determine whether the audit is acceptable and to determine the contractor's net reimbursable program costs. The Office of External Audits' determination of earnings shall be the final accounting of any amount payable to or receivable from the contractor pursuant to the contract.
(b) The contractor may appeal the Office of External Audits' findings according to the procedures specified in section 18301 of this Division if the amount of the demand for remittance meets or exceeds the threshold specified in Education Code section 8402(c).
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8261, 8402 and 8448, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Change without regulatory effect amending section heading, section and Note filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§18073. Delinquent Audits; One-Time Extension; Liability for California Department of Education Audit Costs.
Note • History
(a) If an audit is not received on or before the required due date and an extension has not been granted, the audit shall be considered delinquent and all apportionments shall be withheld as specified in Section 18056 of this Division.
(b) Except for contractors on conditional status, the California Department of Education (CDE) Office of External Audits may grant a contractor a one-time only, thirty (30) calendar day extension of the audit due date provided the inability of the contractor to submit the audit by the due date was beyond the fault and control of the contractor.
(c) Contractors shall be liable for all CDE costs incurred in obtaining an independent audit if the contractor fails to produce or submit an acceptable audit.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8261 and 8448, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Change without regulatory effect amending section heading and section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
Subchapter 2.5. Utilization of the Regional Market Rate Ceiling
Article 1. General Provisions
§18074. Applicable Regulations.
Note • History
The regulations contained in this Subchapter, except for those contained in Section 18075.1, shall apply to contractors using the regional market rate ceiling to develop reimbursement agreements with licensed and license-exempt providers of child care and development services to eligible families. Section 18075.1 applies to contractors developing reimbursement agreements with licensed providers only. For the purposes of this subchapter, the term “contractor” shall also apply to county welfare departments operating programs pursuant to Article 15.5, commencing with Section 8350, of Chapter 2 of Division 1 of the Education Code.
NOTE
Authority cited: Sections 8265 and 8269, Education Code. Reference: Sections 8265 and 8269, Education Code.
HISTORY
1. New subchapter 2.5 (article 1), article 1 (sections 18074-18076.2) and section filed 9-4-2003 as an emergency; operative 9-4-2003 (Register 2003, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-2-2004 or emergency language will be repealed by operation of law on the following day.
2. New subchapter 2.5 (article 1), article 1 (sections 18074-18076.2) and section refiled 12-29-2003 as an emergency; operative 12-29-2003 (Register 2004, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-27-2004 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-29-2003 order, including amendment of subchapter heading and section, transmitted to OAL 4-26-2004 and filed 6-8-2004 (Register 2004, No. 24).
Note • History
(a) “Certified need for child care” means the number of days and hours of child care and development services approved and documented by the contractor as sufficient to meet the family's need for child care.
(b) “Maximum subsidy amount” means the regional market rate ceiling plus any applicable adjustments pursuant to Sections 18075.1 or 18075.2.
(c) “Regional market rate ceilings” means the maximum amount calculated by the Department that providers in different regions of the state may be reimbursed for the same type of child care for the same age child in accordance with statutory ceilings currently in effect.
(d) “Subsidized families” means eligible families who are receiving child care and development services and on whose behalf the Department or the California Department of Social Services is providing a reimbursement, in whole or in part.
(e) “Unsubsidized” means children or families other than those defined in subdivision (d).
NOTE
Authority cited: Sections 8261, 8263 and 8269, Education Code. Reference: Sections 8263, 8269 and 8461, Education Code.
HISTORY
1. New section filed 9-4-2003 as an emergency; operative 9-4-2003 (Register 2003, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-2-2004 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-29-2003 as an emergency; operative 12-29-2003 (Register 2004, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-27-2004 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-29-2003 order, including amendment of section, transmitted to OAL 4-26-2004 and filed 6-8-2004 (Register 2004, No. 24).
4. Change without regulatory effect repealing subsections (b)-(d), relettering subsections and amending newly designated subsection (e) filed 9-15-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 37).
§18074.2. Application of Regional Market Rate Ceilings.
Note • History
Contractors shall use the age of the child, the certified need for child care, and the facility type to identify the applicable regional market rate ceiling.
(a) The applicable facility type shall be determined as follows:
(1) Child care center rate ceilings shall be used for those providers who:
(A) Operate licensed centers; or
(B) Are public or private schools operating extended day programs; or
(C) Operate centers on tribal or federal lands; or
(D) Operate recreation programs exempt from licensure pursuant to Health and Safety Code Section 1596.792 and that meet the requirements for participation in the alternative payment program, including:
1. Using sign-in/sign-out documents to record attendance pursuant to Section 18065;
2. Providing adult supervision for all children during all hours of operation; and
3. Ensuring that all employees who have contact with children have completed criminal history background examinations comparable to the criminal history background examinations required by Chapter 3.35 of Division 2 of the Health and Safety Code, commencing with Section 1596.60.
(2) Family child care home rate ceilings shall be used for those providers who:
(A) Operate licensed family child care homes; or
(B) Operate a child care business in a home setting on tribal or federal land.
(3) In-home/exempt rate ceilings shall be used for all other providers. If no ceiling is provided for the applicable reimbursement rate category pursuant to Section 18075, the contractor shall determine a ceiling by multiplying the regional market rate hourly ceiling by the hours of certified need.
(b) For children enrolled in kindergarten who are less than six years of age, the applicable age category shall be determined as follows:
(1) Providers identified in (a)(1) above shall utilize:
(A) The 6+ age category when the child is considered school-age for licensing purposes.
(B) The 2-5 age category when the child is considered preschool age for licensing purposes.
(2) Providers identified in (a)(2) and (a)(3) above shall utilize:
(A) The 6+ age category when the child is six years of age or older.
(B) The 2-5 age category when the child is less than six years of age.
NOTE
Authority cited: Sections 8265 and 8269, Education Code. Reference: Sections 8265 and 8269, Education Code.
HISTORY
1. New section filed 9-4-2003 as an emergency; operative 9-4-2003 (Register 2003, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-2-2004 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-29-2003 as an emergency; operative 12-29-2003 (Register 2004, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-27-2004 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-29-2003 order, including repealer and new section, transmitted to OAL 4-26-2004 and filed 6-8-2004 (Register 2004, No. 24).
§18074.3. Establishment of Reimbursement Rate. [Repealed]
Note • History
NOTE
Authority cited: Sections 8265 and 8269, Education Code. Reference: Sections 8222, 8265, 8266.5, 8269 and 8357, Education Code.
HISTORY
1. New section filed 9-4-2003 as an emergency; operative 9-4-2003 (Register 2003, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-2-2004 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-29-2003 as an emergency; operative 12-29-2003 (Register 2004, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-27-2004 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-29-2003 order, including amendment of section heading, repealer and new section and amendment of Note, transmitted to OAL 4-26-2004 and filed 6-8-2004 (Register 2004, No. 24).
4. Change without regulatory effect repealing section filed 9-15-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 37).
§18074.4. Establishment of Provider Reimbursement Rate Utilizing the Comparable Local Rate. [Repealed]
Note • History
NOTE
Authority cited: Sections 8265 and 8269, Education Code. Reference: Sections 8222, 8265, 8266.5, 8269 and 8357, Education Code.
HISTORY
1. New section filed 6-8-2004; operative 6-8-2004 (Register 2004, No. 24).
2. Change without regulatory effect repealing section filed 9-15-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 37).
§18074.5. Establishment of Hourly Reimbursement Rate for In-Home/Exempt Providers. [Repealed]
Note • History
NOTE
Authority cited: Sections 8265 and 8269, Education Code. Reference: Sections 8265 and 8269, Education Code.
HISTORY
1. New section filed 6-8-2004; operative 6-8-2004 (Register 2004, No. 24).
2. Change without regulatory effect repealing section filed 9-15-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 37).
§18074.6. Determination of Reimbursement Amount. [Repealed]
Note • History
NOTE
Authority cited: Sections 8265 and 8269, Education Code. Reference: Sections 8265 and 8269, Education Code.
HISTORY
1. New section filed 6-8-2004; operative 6-8-2004 (Register 2004, No. 24).
2. Change without regulatory effect repealing section filed 9-15-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 37).
§18075. Reimbursement Rate Categories.
Note • History
Contractors shall reimburse providers in accordance with the following rate categories.
(a) Hourly, which shall only be used for the following:
(1) A child's certified need for child care of less than 30 hours per week and less than six hours on any day; or
(2) An unscheduled but documented need of less than six hours per occurrence, such as the parent's need to work overtime, that exceeds the certified need for child care; or
(3) That portion of the certified need for child care that exceeds 52.5 hours per week and is not included in the provider's full-time weekly or full-time monthly rate. This provision applies only if the family utilizes no more than one provider to meet the child's entire need for child care and development services. Additional payment made under the hourly rate for this purpose cannot exceed the provider's full-time weekly or full-time monthly rate.
(b) Daily, which shall only be used for the following:
(1) A certified need for child care of six hours or more per day; or
(2) An unscheduled but documented need of six hours or more per occurrence, such as the parent's need to work on a regularly scheduled day off, that exceeds the certified need for child care.
(c) Part-time weekly, which shall only be used when a certified need for child care less than 30 hours per week.
(d) Full-time weekly, which shall only be used when a certified need for child care is 30 hours or more per week.
(e) Part-time monthly, which shall only be used for the following:
(1) A certified need for child care of less than 30 hours per week and that need occurs in every week of the month; or
(2) A certified need for child care averages less than 30 hours per week when calculated by dividing the total number of hours of need in the month by 4.33, and that need occurs in every week of the month.
(f) Full-time monthly, which shall only be used for the following:
(1) A certified need for child care of 30 hours or more per week and that need occurs in every week of the month; or
(2) A certified need for child care averages 30 hours or more per week when calculated by dividing the total number of hours of need in the month by 4.33, and that need occurs in every week of the month.
NOTE
Authority cited: Sections 8265 and 8269, Education Code. Reference: Sections 8220, 8222 and 8357, Education Code.
HISTORY
1. New section filed 9-4-2003 as an emergency; operative 9-4-2003 (Register 2003, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-2-2004 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-29-2003 as an emergency; operative 12-29-2003 (Register 2004, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-27-2004 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-29-2003 order, including amendment of section, transmitted to OAL 4-26-2004 and filed 6-8-2004 (Register 2004, No. 24).
§18075.1. Adjustment for Evenings and/or Weekends for Licensed Providers.
Note • History
(a) This section applies only to reimbursement to licensed providers, except this section shall not apply to reimbursement provided pursuant to the hourly rate defined in Section 18075(a).
(b) When a licensed provider is meeting the certified need for child care that includes hours during the period from 6:00 p.m. to 6:00 a.m. on any day of the week or from 6 a.m. Saturday to 6:00 a.m. Monday, the contractor shall multiply the regional market rate ceiling for the applicable rate category by the appropriate adjustment factor as follows:
(1) By 1.25 when 50 percent or more of the certified need for child care occurs during this period.
(2) By 1.125 when at least ten percent, but less than 50 percent of the certified need for child care occurs during this period.
(c) Reimbursement to the provider shall be the lesser of the amount the provider charges unsubsidized families for the same hours of child care, or the maximum subsidy amount as determined pursuant to subsection (b) above.
NOTE
Authority cited: Sections 8265 and 8269, Education Code. Reference: Sections 8220, 8222 and 8357, Education Code.
HISTORY
1. New section filed 9-4-2003 as an emergency; operative 9-4-2003 (Register 2003, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-2-2004 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-29-2003 as an emergency; operative 12-29-2003 (Register 2004, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-27-2004 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-29-2003 order, including amendment of section heading and section, transmitted to OAL 4-26-2004 and filed 6-8-2004 (Register 2004, No. 24).
§18075.2. Adjustment for Children with Exceptional Needs.
Note • History
(a) When child care and development services are provided to a child with exceptional needs, the contractor shall multiply the lesser of the regional market rate ceiling or the rate determined pursuant to Section 18074.3 or 18074.4, whichever is lower, by only one of the following:
(1) By 1.2, when the child has exceptional needs as defined in Education Code Section 8208(l).
(2) By 1.5, when the child is severely disabled as defined in Education Code Section 8208(x).
(b) Contractors shall apply this adjustment only when there is documentation that additional services and/or accommodations for that particular child are being provided, and such services and/or accommodations result in an on-going financial impact on the provider.
NOTE
Authority cited: Sections 8222, 8265, 8265.5 and 8269, Education Code. Reference: Sections 8208(l) and 8208(x), Education Code.
HISTORY
1. New section filed 9-4-2003 as an emergency; operative 9-4-2003 (Register 2003, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-2-2004 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-29-2003 as an emergency; operative 12-29-2003 (Register 2004, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-27-2004 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-29-2003 order, including amendment of section heading and section, transmitted to OAL 4-26-2004 and filed 6-8-2004 (Register 2004, No. 24).
§18076. Limitations on Reimbursement.
Note • History
(a) Single Rate Category. Contractors shall only reimburse providers using a single rate category as defined in Section 18075.
(b) Notwithstanding subsection (a), contractors may provide reimbursement to a provider using both a daily and an hourly rate when:
(1) No single rate established by the provider corresponds to the family's need for care; and
(2) The provider has established a rate in both daily and hourly rate categories pursuant to Section 18074.3; and
(3) Using both rates is consistent with the rates the provider charges unsubsidized families needing similar hours of care.
(c) Notwithstanding subsection (a), when Sections 18075(a)(2), 18075(a)(3), or 18075(b)(2) are applicable, contractors may reimburse providers for those categories in addition to the applicable single category.
(d) Contractors shall not be bound by the regional market rate ceilings when there are, in the region, no more than two child care providers of the type needed by the subsidized family. For the purposes of this subsection, types of providers are licensed child care centers, licensed family child care homes, and exempt providers.
NOTE
Authority cited: Sections 8265 and 8269, Education Code. Reference: Sections 8222, 8266.5 and 8357, Education Code.
HISTORY
1. New section filed 9-4-2003 as an emergency; operative 9-4-2003 (Register 2003, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-2-2004 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-29-2003 as an emergency; operative 12-29-2003 (Register 2004, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-27-2004 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-29-2003 order, including amendment of section, transmitted to OAL 4-26-2004 and filed 6-8-2004 (Register 2004, No. 24).
§18076.1. Other Reimbursable Fees.
Note • History
(a) The contractor shall reimburse fees charged by providers such as registration, materials, and insurance, either in a single payment or prorated over a 12-month period, as long as:
(1) The provider documents that the contractual terms used for services to unsubsidized families require payment for such fees; and
(2) The fees or prorated portion thereof, plus the rate established for the provider pursuant to this subchapter, do not exceed the maximum subsidy amount.
NOTE
Authority cited: Sections 8265 and 8269, Education Code. Reference: Sections 8222, 8266.5 and 8357, Education Code.
HISTORY
1. New section filed 9-4-2003 as an emergency; operative 9-4-2003 (Register 2003, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-2-2004 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-29-2003 as an emergency; operative 12-29-2003 (Register 2004, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-27-2004 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-29-2003 order, including amendment of section heading and section, transmitted to OAL 4-26-2004 and filed 6-8-2004 (Register 2004, No. 24).
§18076.2. Reimbursable Hours of Care.
Note • History
(a) This section does not apply to reimbursement for services provided pursuant to Sections 18075(a)(2), (a)(3), and (b)(2) of this subchapter.
(b) Reimbursable hours for the child's regular provider shall include:
(1) Time that a child's absence is deemed excused pursuant to Section 18066 and the time the child is absent when the contractual terms used by the provider for services to unsubsidized families require payment for such absences. Reimbursement for an excused absence based on the child's illness shall not occur in lieu of providing accommodations for the child pursuant to the applicable provisions of the Americans with Disabilities Act.
(2) Time that the provider has a paid day of non-operation and can provide documentation that the contractual terms used by the provider for services to unsubsidized families require payment for such day(s) of non-operation. The number of reimbursable paid day(s) of non-operation shall be limited to a maximum of ten days per fiscal year per provider.
(c) Reimbursable hours for an eligible alternate provider shall include:
(1) Time that services are provided when the regular provider has a paid day of non-operation, and the parent has to obtain an alternate provider to meet the certified need for child care. Payment to an alternate provider when the regular provider has a paid day of non-operation shall be limited to ten days per child per fiscal year.
(2) Time that child care services are provided by an eligible alternate provider when the child is ill and the parent has to obtain care from an eligible alternate provider. Payment to an alternate provider when the child is ill shall be limited to a maximum of ten days per child per fiscal year. Contractors may reimburse an alternate provider in excess of ten days per year based on the illness of the child if the parent provides a physician verification.
(d) Reimbursable hours do not include:
(1) The scheduled instructional minutes of a public educational program available to a school-age child, or a private school in which the child is enrolled and attending.
(2) Time when the child is receiving any other child care and development services.
(3) Days on which the provider is not open to provide services, except as specified in subsection (b)(2). A contractor shall reimburse an alternate provider when the regular provider is not open to provide services and the subsidized family must obtain an alternate provider during the certified need for child care.
NOTE
Authority cited: Sections 8265 and 8269, Education Code. Reference: Section 8208(e), 8263, 8266.5 and 8357, Education Code.
HISTORY
1. New section filed 9-4-2003 as an emergency; operative 9-4-2003 (Register 2003, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-2-2004 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-29-2003 as an emergency; operative 12-29-2003 (Register 2004, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-27-2004 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-29-2003 order, including amendment of section heading and section, transmitted to OAL 4-26-2004 and filed 6-8-2004 (Register 2004, No. 24).
§18076.3. Reimbursement to Multiple Providers.
Note • History
(a) Except for reimbursement pursuant to Section 18076.2(c), contractors shall reimburse only one provider of child care services per child when the hours of operation of the child care provider selected by the parent can accommodate the certified need for child care. Contractors may reimburse more than one provider per child when the hours of operation of the first provider cannot accommodate the certified need for child care.
(b) Notwithstanding subsection (a), when a family's first provider is not a licensed center and the parent also chooses a licensed center for the specific purpose of providing the child with large group school readiness experiences, the contractor may also reimburse the services provided by the licensed center provider.
(c) Contractors who pay multiple providers pursuant to this section shall not pay more than one provider for the same portion of a child's certified need for child care.
NOTE
Authority cited: Sections 8265 and 8269, Education Code. Reference: Sections 8265 and 8269, Education Code.
HISTORY
1. New section filed 6-8-2004; operative 6-8-2004 (Register 2004, No. 24).
Subchapter 3. General Child Care Programs
Article 1. General Provisions
Note • History
Unless otherwise provided in this Division, the regulations in this chapter apply to all contracting agencies authorized to establish, maintain, or operate services pursuant to the Child Care and Development Services Act, Chapter 2, Part 6 of Title 1 of the California Education Code (commencing with Section 8200).
NOTE
Authority cited: Section 8261 and 8263, Education Code. Reference: Sections 8261 and 8265, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50). For history of former Chapter 3 (Sections 18201-18208), see Register 79, No. 16.
Note • History
For the purposes of this chapter, the following definitions shall apply:
(a) “Adjusted monthly income” means the total countable income as defined in subdivision (q) below, minus verified child support payments paid by the parent whose child is receiving child development services, excluding the non-countable income listed below:
(1) Earnings of a child under age 18 years;
(2) Loans;
(3) Grants or scholarships to students for educational purposes other than any balance available for living costs;
(4) Food stamps or other food assistance;
(5) Earned Income Tax Credit or tax refund;
(6) GI Bill entitlements, hardship duty pay, hazardous duty pay, hostile fire pay, or imminent danger pay;
(7) Adoption assistance payments received pursuant to Welfare and Institutions Code section 16115 et seq.;
(8) Non-cash assistance or gifts;
(9) All income of any individual counted in the family size who is collecting federal Supplemental Security Income (SSI) or State Supplemental Program (SSP) benefits;
(10) Insurance or court settlements including pain and suffering and excluding lost wages and punitive damages;
(11) Reimbursements for work-required expenses such as uniforms, mileage, or per diem expenses for food and lodging;
(12) Business expenses for self-employed family members;
(13) When there is no cash value to the employee, the portion of medical and/or dental insurance documented as paid by the employer and included in gross pay; and
(14) Disaster relief grants or payments, except any portion for rental assistance or unemployment.
(b) “Certify eligibility” means the formal process the contractor goes through to collect information and documentation to determine that the family and/or child meets the criteria for receipt of subsidized child development services as specified in Education Code sections 8263(a)(1) and 8263 (a)(2). The signature of the contractor's authorized representative on an application for services attests that the criteria have been met.
(c) “Child protective services” means children receiving protective services through the local county welfare department as well as children identified by a legal, medical, social service agency or emergency shelter as abused, neglected or exploited or at risk of abuse, neglect or exploitation.
(d) “Declaration” means a written statement signed by a parent under penalty of perjury attesting that the contents of the statement are true and correct to the best of his or her knowledge.
(e) “Displace families” means to disenroll families in order to reduce service levels due to insufficient funding or inability of a contractor to operate one or more sites because of reasons stated in Education Code section 8271.
(f) “Family” means the parents and the children for whom the parents are responsible, who comprise the household in which the child receiving services is living. For purposes of income eligibility and family fee determination, when a child and his or her siblings are living in a family that does not include their biological or adoptive parent, “family” shall be considered the child and related siblings.
(g) “Fee schedule” means the “Family Fee Schedule,” issued by the department pursuant to Education Code section 8447(e). The “fee schedule” is used by child development contractors to assess fees for families utilizing child care and development services.
(h) “Homeless” means a person or family that lacks a fixed, regular, and adequate night-time residence and has a primary night time residence that is:
(1) A supervised publicly or privately operated shelter, transitional housing, or homeless support program designed to provide temporary living accommodations; or
(2) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.
(i) “Income eligible” means for the purpose of child care and development services that a family's adjusted monthly income is at or below 75 percent of the state median income, adjusted for family size.
(j) “Income fluctuation” means income that varies due to:
(1) Migrant, agricultural, or seasonal work;
(2) Intermittent earnings or income, bonuses, commissions, lottery winnings, inheritance, back child support payment, or net proceeds from the sale of real property or stock;
(3) Unpredictable days and hours of employment, overtime, or self-employment.
(k) “Legally qualified professional” means a person licensed under applicable laws and regulations of the State of California to perform legal, medical, health or social services for the general public.
(l) “Parent” means a biological parent, adoptive parent, stepparent, foster parent, caretaker relative, legal guardian, domestic partner of the parent as defined in Family Code section 297, or any other adult living with a child who has responsibility for the care and welfare of the child.
(m) “Parental Incapacity” means the temporary or permanent inability of the child's parent(s) to provide care and supervision of the child(ren) for part of the day due to a physical or mental health condition.
(n) “Recipients of service” means families and/or children enrolled in a child care and development program subsidized by the California Department of Education.
(o) “Self-Certification of Income” means a declaration signed by the parent under penalty of perjury identifying:
(1) To the extent known, the employer and date of hire and stating the rate and frequency of pay, total amount of income received for the preceding month(s), the type of work performed, and the hours and days worked, when an employer refuses or fails to provide requested employment information or when a request for documentation would adversely affect the parent's employment; or
(2) The amount and frequency of sources of income for which no documentation is possible.
(p) “State median income” means the most recent median income for California families as determined by the State Department of Finance.
(q) “Total countable income” means all income of the individuals counted in the family size that includes, but is not limited to, the following:
(1) Gross wages or salary, advances, commissions, overtime, tips, bonuses, gambling or lottery winnings;
(2) Wages for migrant, agricultural, or seasonal work;
(3) Public cash assistance;
(4) Gross income from self-employment less business expenses with the exception of wage draws;
(5) Disability or unemployment compensation;
(6) Workers compensation;
(7) Spousal support, child support received from the former spouse or absent parent, or financial assistance for housing costs or car payments paid as part of or in addition to spousal or child support;
(8) Survivor and retirement benefits;
(9) Dividends, interest on bonds, income from estates or trusts, net rental income or royalties;
(10) Rent for room within the family's residence;
(11) Foster care grants, payments or clothing allowance for children placed through child welfare services;
(12) Financial assistance received for the care of a child living with an adult who is not the child's biological or adoptive parent;
(13) Veterans pensions;
(14) Pensions or annuities;
(15) Inheritance;
(16) Allowances for housing or automobiles provided as part of compensation;
(17) Portion of student grants or scholarships not identified for educational purposes as tuition, books, or supplies;
(18) Insurance or court settlements for lost wages or punitive damages;
(19) Net proceeds from the sale of real property, stocks, or inherited property; or
(20) Other enterprise for gain.
(r) “Update the application” means the process of revising the application for services between recertifications as specified in section 18103 of this chapter. The application shall be revised by inserting the latest family information that documents the continued need and eligibility for child care and development services.
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Sections 8203, 8208 and 8261, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of section and Note filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to emergency amendment filed 10-14-2005 by operation of Government Code section 11346.1(f). Certificate of Compliance as to 5-6-2005 order transmitted to OAL 9-2-2005; disapproved by OAL and order of repeal as to 5-6-2005 order filed on 10-14-2005 (Register 2005, No. 41).
4. Amendment filed 10-14-2005 as an emergency; operative 10-14-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-13-2006 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 10-14-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 20).
6. Amendment of section and Note filed 8-16-2007; operative 9-15-2007 (Register 2007, No. 33).
Article 2. Family Data File
§18081. Contents of Family Data File.
Note • History
(a) Contractors shall establish and maintain a family data file for each family receiving child care and development services.
(b) The family data file shall contain a completed and signed application for services and the following records as applicable to determine eligibility and need in accordance with Education Code section 8263(a)(1) and (a)(2):
(1) Documentation of income eligibility, including an income calculation worksheet;
(2) Documentation of employment;
(3) Documentation of seeking employment;
(4) Documentation of training;
(5) Documentation of parental incapacity;
(6) Documentation of child's exceptional needs;
(7) Documentation of homelessness;
(8) Documentation of seeking permanent housing for family stability;
(9) Written referral from a legally qualified professional from a legal, medical, or social services agency, or emergency shelter for children at risk of abuse, neglect, or exploitation.
(10) Written referral from a county welfare department, child welfare services worker, certifying that the child is receiving protective services and the family requires child care and development services as part of the case plan.
(11) If the parent of the child was on cash assistance, the date the parental cash aid was terminated.
(c) A signed Child Care Data Collection Privacy Notice and Consent Form CD 9600A (Rev. 01/04) shall be included.
(d) Notice of Action, Application for Services and/or Recipient of Services shall be included.
(e) The family data file shall contain all child health and current emergency information required by California Code of Regulations, title 22, Social Security, Division 12, Community Care Facilities Licensing Regulations with the following exception. Immunization records are not required to be in the family data file for children attending a public or private elementary school or for children receiving care in licensed facilities and reimbursed pursuant to Education Code sections 8220 and 8350.
NOTE
Authority cited: Sections 8261, 8261.5, 8263 and 8269, Education Code. Reference: Sections 8261, 8261.5, 8263 and 8269, Education Code; and Sections 16500.5 and 16506, Welfare and Institutions Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of subsection (b) and amendment of NOTE filed 12-29-99 as an emergency; operative 1-1-2000 (Register 99, No. 53). A Certificate of Compliance must be transmitted to OAL by 5-1-2000 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (b) and amendment of Note refiled 4-28-2000 as an emergency; operative 4-28-2000 (Register 2000, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-28-2000 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-28-2000 order, including further amendment of Note, transmitted to OAL 7-19-2000 and filed 8-30-2000 (Register 2000, No. 35).
5. Amendment of subsections (b) and (b)(8), new subsection (b)(9) and amendment of Note filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to emergency amendment filed 10-14-2005 by operation of Government Code section 11346.1(f). Certificate of Compliance as to 5-6-2005 order transmitted to OAL 9-2-2005; disapproved by OAL and order of repeal as to 5-6-2005 order filed on 10-14-2005 (Register 2005, No. 41).
7. Amendment filed 10-14-2005 as an emergency; operative 10-14-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-13-2006 or emergency language will be repealed by operation of law on the following day.
8. Reinstatement of section as it existed prior to 10-14-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 20).
9. Amendment of article heading, section heading, section and Note filed 8-16-2007; operative 9-15-2007 (Register 2007, No. 33).
§18082. Certification of Eligibility.
Note • History
(a) The contractor shall designate the staff person(s) authorized to certify family/child eligibility; and
(b) Prior to initial enrollment and at the time of recertification, an authorized representative of the contractor shall certify each family's/child's eligibility for child care and development services after reviewing the completed application and documentation contained in the basic data file.
NOTE
Authority cited: Sections 8261, 8263 and 8269, Education Code. Reference: Sections 8261, 8263 and 8269, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18083. Application for Services; Contents.
Note • History
The application for services shall contain the following information:
(a) The parent's(s') full name(s), address(es) and telephone number(s);
(b) The names and birth dates of all children under the age of eighteen (18) in the family, whether or not they are served by the program;
(c) The number of hours of care needed each day for each child;
(d) The names of other family members in the household related by blood, marriage or adoption;
(e) The reason for needing child care and development services as specified in Education Code Section 8263(a)(2):
(1) Child Protective Services;
(2) Employment;
(3) Training;
(4) Seeking Employment;
(5) Incapacitation of the parent;
(6) Special Need of the Child; or
(7) Seeking Permanent Housing for Family Stability.
(f) Employment or training information for parent(s) including name and address of employer(s) or training institution(s) and days and hours of employment or training, if applicable;
(g) Eligibility status as specified in Education Code Section 8263(a)(1):
(1) Child Protective Services;
(2) Current Aid Recipient;
(3) Income Eligible; or
(4) Homeless.
(h) Family size and income, if applicable;
(i) The parent's signature and date of the signature;
(j) The signature of the contractor's authorized representative certifying the eligibility.
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Sections 8261 and 8263, Education Code.
HISTORY
1. New section filed 11-21-88;operative 1-1-89 (Register 88, No. 50).
2. Amendment of subsections (e) and (g), new subsections (e)(2) and (g)(2), subsection renumbering and amendment of Note filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to emergency amendment filed 10-14-2005 by operation of Government Code section 11346.1(f). Certificate of Compliance as to 5-6-2005 order transmitted to OAL 9-2-2005; disapproved by OAL and order of repeal as to 5-6-2005 order filed on 10-14-2005 (Register 2005, No. 41).
4. Amendment filed 10-14-2005 as an emergency; operative 10-14-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-13-2006 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 10-14-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 20).
§18084. Documentation of Income Eligibility.
Note • History
The parent is responsible for providing documentation of the family's total countable income and the contractor is required to verify the information, as described below:
(a) The parent(s) shall document total countable income for all the individuals counted in the family size as follows:
(1) If the parent is employed, provide:
(A) A release authorizing the contractor to contact the employer(s), to the extent known, that includes the employer's name, address, telephone number, and usual business hours, and
(B) All payroll check stubs,a letter from the employer, or other record of wages issued by the employer for the month preceding the initial certification, an update of the application, or the recertification that establishes eligibility for services
(2) When the employer refuses or fails to provide requested documentation or when a request for documentation would adversely affect the parent's employment, provide other means of verification that may include a list of clients and amounts paid, the most recently signed and completed tax returns, quarterly estimated tax statements, or other records of income to support the reported income, along with a self-certification of income.
(3) If the parent is self-employed, provide a combination of documentation necessary to establish current income eligibility for at least the month preceding the initial certification, an update of the application, or the recertification that establishes eligibility for services. Documentation shall consist of as many of the following types of documentation as necessary to determine income:
(A) A letter from the source of the income,
(B) A copy of the most recently signed and completed tax return with a statement of current estimated income for tax purposes, or
(C) Other business records, such as ledgers, receipts, or business logs.
(4) Provide copies of the documentation of all non-wage income pursuant to section 18078(q), self-certification of any income for which no documentation is possible, and any verified child support payments pursuant to section 18078(a) of this chapter.
(b) The contractor:
(1) Shall retain copies of the documentation of total countable income and adjusted monthly income in the family data file.
(2) When the parent is employed, shall, as applicable, verify the parent's salary/wage; rate(s) of pay; potential for overtime, tips or additional compensation; hours and days of work; variability of hours and days of work; pay periods and frequency of pay, start date for the employee. If the employer refuses or is non-responsive in providing requested information or a request for employer documentation would adversely affect the parent's employment, and if the information provided pursuant to subdivision (a)(3) is inconsistent with the contractor's knowledge or community practice, shall request clarification in the self-certification of income, additional income information or a reasonable basis for concluding that the employer exists.
(3) When the parent is self-employed, shall obtain and make a record of independent verification regarding the cost for services provided by the parent that may be obtained by contacting clients, reviewing bank statements, or confirming the information in the parent's advertisements or website.
If the income cannot be independently verified, the contractor shall assess whether the reported income is reasonable or consistent with the community practice for this employment.
(4) May request additional documentation to verify total countable income to the extent that the information provided by the parent or the employer is insufficient to make a reasonable assessment of income eligibility.
(5) To establish eligibility, shall, by signing the application for services, certify to the contractor's reasonable belief that the income documentation obtained and, if applicable, the self-certification, support the reported income, are reliable and are consistent with all other family information and the contractor's knowledge, if applicable, of this type of employment or employer.
(c) If the family is receiving child care and development services because the child(ren) is/are at risk of abuse, neglect, or exploitation or receiving child protective services, and the written referral required by sections 18081(b)(9) and (b)(10) specifies that it is necessary to exempt the family from paying a fee, then the parent will not be required to provide documentation of total countable income.
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Sections 8261 and 8263, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of subsections (a) and (c), new subsection (e) and amendment of Note filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to emergency amendment filed 10-14-2005 by operation of Government Code section 11346.1(f). Certificate of Compliance as to 5-6-2005 order transmitted to OAL 9-2-2005; disapproved by OAL and order of repeal as to 5-6-2005 order filed on 10-14-2005 (Register 2005, No. 41).
4. Amendment filed 10-14-2005 as an emergency; operative 10-14-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-13-2006 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 10-14-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 20).
6. Amendment of section heading and section filed 8-16-2007; operative 9-15-2007 (Register 2007, No. 33).
§18085. Documentation of Public Assistance.
Note • History
If the basis of eligibility as specified in Education Code section 8263(a)(1) is a current aid recipient, the parent shall provide documentation of public cash assistance, unless the contractor has and elects to use other means of obtaining verification.
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Sections 8261 and 8263, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment filed 8-16-2007; operative 9-15-2007 (Register 2007, No. 33).
§18085.5. Documentation of Need Based on Employment, Seeking Employment, Training, Seeking Housing, and Incapacity; In General.
Note • History
(a) Families who are eligible for subsidized child care and development services based on income, public assistance, or homelessness must document that each parent in the family, pursuant to section 18078(f), meets a need criterion, as specified in Education Code section 8263(a)(2)(B). The need criteria are: vocational training leading directly to a recognized trade, paraprofession, or profession; employment or seeking employment; seeking permanent housing for family stability; and incapacitation.
(b) Subsidized child care and development services shall only be available to the extent to which:
(1) The parent meets a need criterion as specified in subdivision (a) that precludes the provision of care and supervision of the family's child for some of the day;
(2) There is no parent in the family capable of providing care for the family's child during the time care is requested; and
(3) Supervision of the family's child is not otherwise being provided by school or another person or entity.
NOTE
Authority cited: Sections 8261, 8263 and 8265, Education Code. Reference: Sections 8206, 8261 and 8263, Education Code.
HISTORY
1. New section filed 5-28-2008; operative 6-27-2008 (Register 2008, No. 22).
§18086. Documentation of Employment.
Note • History
(a) If the basis of need as stated on the application for services is employment of the parent, the documentation of the parent's employment shall include the days and hours of employment.
(b) If the parent has an employer, the documentation of need based on employment shall consist of one of the following:
(1) The pay stubs provided to determine income eligibility that indicate the days and hours of employment;
(2) When the provided pay stubs do not indicate the days and hours of employment, the contractor shall verify the days and hours of employment by doing one of the following:
(A) Secure an independent written statement from the employer;
(B) Telephone theemployer and maintain a record;
(C) If the provided pay stubs indicate the total hours of employment per pay period and if the contractor is satisfied that the pay stubs have been issued by the employer, specify on the application for services the days and hours of employment to correlate with the total hours of employment and the parent's need;
(D) If the variability of the parent's employment is unpredictable and precludes the contractor from verifying specific days and hours of employment or work week cycles, specify on the application for services that the parent is authorized for a variable schedule for the actual hours worked, identifying the maximum number of hours of need based on the week with the greatest number of hours within the preceding four weeks and the verification pursuant to subdivisions (A), (B), or (C) above. Until such time as the employment pattern becomes predictable, need for services shall be updated at least every four months and shall be based on the requirements of subdivision (b) and the child care services utilized;
(E) If the employer refuses or is non-responsive in providing the requested information, record the contractor's attempts to contact the employer, and specify and attest on the application for services to the reasonableness of the days and hours of employment based on the description of the employment and community practice; or
(F) If the parent asserts in a declaration signed under penalty of perjury that a request for employer documentation would adversely affect the parent's employment, on the application for services:
(i) Attest to the reasonableness of the parent's assertion; and
(ii) Specify and attest to the reasonableness of the days and hours of employment based on the description of the employment and community practice.
(3) When the employed parent does not have pay stubs or other record of wages from the employer and has provided a self-certification of income, as defined in section 18078(o), the contractor shall assess the reasonableness of the days and hours of employment, based on the description of the employment and the documentation provided pursuant to section 18084(a)(3), and authorize only the time determined to be reasonable.
(c) If the parent is self-employed, the documentation of need based on employment shall consist of the following:
(1) Parent provided information that includes:
(A) A declaration of need under penalty of perjury that includes a description of the employment and an estimate of the days and hours worked per week;
(B) To demonstrate the days and hours worked, a copy of one or more of the following: appointment logs, client receipts, job logs, mileage logs, a list of clients with contact information, or similar records; and
(C) As applicable, a copy of a business license, a workspace lease, or a workspace rental agreement.
(2) A statement by the contractor assessing the reasonableness of the total number of days and hours requested per week based on the description of the employment and the documentation provided pursuant to this section and section 18084. If the parent has unpredictable hours of employment, the contractor shall authorize the parent for a variable schedule not to exceed the number of hours determined to be needed per week. Need for services for unpredictable hours shall be updated at least every four months and shall be based on the requirements of subdivision (c). If the contractor has been unable to verify need based on the documentation provided, the contractor shall take additional action to verify self-employment that includes any one or more of the following:
(A) If the self-employment occurs in a rented space, contacting the parent's lessor or other person holding the right of possession to verify the parent's renting of the space;
(B) If the self-employment occurs in variable locations, independently verifying this information by contacting one or more clients whose names and contact information have been voluntarily provided by the parent; or
(C) Making other reasonable contacts or requests to determine the amount of time for self-employment.
(3) If the contractor is unable to make a reasonable assessment of the hours needed for self-employment after attempting to verify such hours and documenting the attempts, the contractor may divide the parent's self-employment income, as defined in section 18078(q)(4), by the applicable minimum wage. The resulting quotient shall be the maximum hours needed for employment per month.
(d) For the instances identified in subdivision (b)(2)(A) through (E) and (c), the parent shall provide a release to enable the contractor to obtain the information it deems necessary to support the parent's asserted days and hours worked per week.
(e) If additional services are requested for travel time or sleep time to support employment, the contractor shall determine, as applicable, the time authorized for:
(1) Travel to and from the location at which services are provided and the place of employment, not to exceed half of the daily hours authorized for employment to a maximum of four hours per day; or
(2) Sleep, if the parent is employed anytime between 10:00 p.m. and 6:00 a.m., not to exceed the number of hours authorized for employment and travel between those hours.
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Sections 8206, 8261 and 8263, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of section heading and section filed 5-28-2008; operative 6-27-2008 (Register 2008, No. 22).
§18086.1. Documentation of Employment in the Home or a Licensed Family Day Care Home; Service Limitations.
Note • History
(a) The requirements of this section are in addition to those stated in section 18086.
(b) If the parent's employment is in the family's home or on property that includes the family's home, the parent must provide justification for requesting subsidized child care and development services based on the type of work being done and its requirements, the age of the family's child for whom services are sought, and, if the child is more than five years old, the specific child care needs. The contractor shall determine and document whether the parent's employment and the identified child care needs preclude the supervision of the family's child.
(c) If the parent is a licensed family day care home provider pursuant to Health and Safety Code section 1596.78 or an individual license-exempt provider pursuant to Health and Safety Code section 1596.792, subdivisions (d) or (f), the parent is not eligible for subsidized services during the parent's business hours because the parent's employment does not preclude the supervision of the family's child.
(d) If the parent is employed as an assistant in a licensed large family day care home, pursuant to Health and Safety Code section 1596.78(b), and is requesting services for the family's child in the same family day care home, the parent shall provide documentation that substantiates all of the following:
(1) A copy of the family day care home license indicating it is licensed as a large family day care home;
(2) A signed statement from the licensee stating that the parent is the assistant, pursuant to the staffing ratio requirement of California Code of Regulations, title 22, section 102416.5(c);
(3) Proof that the parent's fingerprints are associated with that licensed family day care home as its assistant, which the contractor may verify with the local community care licensing office; and
(4) Payroll deductions withheld for the assistant by the licensee, which may be a pay stub.
NOTE
Authority cited: Sections 8261, 8263 and 8265, Education Code. Reference: Sections 8206, 8261 and 8263, Education Code.
HISTORY
1. New section filed 5-28-2008; operative 6-27-2008 (Register 2008, No. 22).
§18086.5. Documentation of Seeking Employment; Service Limitations.
Note • History
(a) If the basis of need as stated on the application for services is seeking employment, the parent's period of eligibility for child care and development services is limited to 60 working days during the contract period, except as specified in subdivisions (d) and (e). Services shall occur on no more than five days per week and for less than 30 hours per week. The period of eligibility shall start on the day authorized by the contractor and extend for consecutive working days.
(b) Documentation of seeking employment shall include a written parental declaration signed under penalty of perjury stating that the parent is seeking employment. The declaration shall include the parent's plan to secure, change, or increase employment and shall identify a general description of when services will be necessary.
(c) The contractor shall determine the number of working days available for seeking employment and the child care schedule, which may be a variable schedule, based on the documentation. During the period of authorization and if necessary to verify need, the contractor may request that the parent provide, no more than once a week, a description of the activities he or she has undertaken during the previous week to seek employment and, as appropriate, may require additional documentation.
(d) If the Governor declares a state of emergency and if the factual bases for the Governor's declaration indicate that opportunities for employment have temporarily diminished to such a degree that parents cannot be reasonably expected to find employment within 60 working days of diligent searching, the State Superintendent of Public Instruction (SSPI) may investigate to determine whether the 60-working-days limitation described in paragraph (a) should be suspended. If the SSPI determines that it is in the public interest to do so, he or she may, by order, suspend the 60-working-days limitation on eligibility during the period of the emergency or for a lesser time. The scope of the suspension, including the geographic areas and the persons affected, and its duration, shall be no more than necessary to respond to the emergency as determined in the SSPI's investigation, and shall be specifically described in the SSPI's order. If a parent's services for seeking employment were exhausted after an emergency was declared and before the SSPI suspends the eligibility limitation, the contractor may re-authorize services for seeking employment in accordance with the conditions specified in the SSPI's order.
(e) If the parent has concurrently received services based on employment or vocational training for at least 20 working days while receiving services for seeking employment, eligibility for seeking employment may be extended for an additional 20 working days. For such a parent, services for this purpose shall not exceed 80 working days during the contract period.
(f) If services for this purpose are discontinued, the number of working days remaining in the period of eligibility shall be available for a subsequent period of eligibility during the contract period.
(g) As used in this section, the working days used to determine the period of eligibility shall include the consecutive Mondays through Fridays, excluding any federal holidays.
NOTE
Authority cited: Sections 8261, 8263 and 8265, Education Code. Reference: Sections 8206, 8261 and 8263, Education Code.
HISTORY
1. Renumbering of former section 18101 to new section 18086.5, including amendment of section heading, section and Note, filed 5-28-2008; operative 6-27-2008 (Register 2008, No. 22).
§18087. Documentation of Training Toward Vocational Goals; Service Limitations.
Note • History
(a) If the basis of need as stated on the application for services is vocational training leading directly to a recognized trade, paraprofession, or profession, child care and development services shall be limited, except as specified in subdivision (l), to whichever expires first:
(1) Six years from the initiation of services pursuant to this section; or
(2) Twenty four semester units, or its equivalent, after the attainment of a Bachelor's Degree.
(b) The parent shall provide documentation of the days and hours of vocational training to include:
(1) A statement of the parent's vocational goal;
(2) The name of the training institution that is providing the vocational training;
(3) The dates that current quarter, semester, or training period, as applicable, will begin and end;
(4) A current class schedule that is either an electronic print-out from the training institution of the parent's current class schedule or, if unavailable, a document that includes all of the following:
(A) The classes in which the parent is currently enrolled;
(B) The days of the week and times of day of the classes; and
(C) The signature or stamp of the training institution's registrar.
(5) The anticipated completion date of all required training activities to meet the vocational goal; and
(6) Upon completion of a quarter, semester, or training period, as applicable, a report card, a transcript, or, if the training institution does not use formal letter grades, other records to document that the parent is making progress toward the attainment of the vocational goal in accordance with subdivision (f).
(c) A parent shall report any change in his or her class schedule related to the days and times of any class, including a withdrawal from a class, within five calendar days of requesting the change from the institution.
(d) Services may be provided for classes related to the General Education Development (GED) test or English language acquisition if such courses support the attainment of the parent's vocational goal.
(e) On-line or televised instructional classes that are unit bearing classes from an accredited training institution shall be counted as class time at one hour a week for each unit. The parent shall provide a copy of the syllabus or other class documentation and, as applicable, the Web address of the on-line program. The accrediting body of the training institution shall be among those recognized by the United States Department of Education.
(f) Continuation of services based on training is contingent upon making adequate progress. To make progress each quarter, semester, or training period, as applicable, the parent shall, in the college classes, technical school, or apprenticeship for which subsidized care is provided:
(1) In a graded program, earn a 2.0 grade point average; or
(2) In a non-graded program, pass the program's requirements in at least 50 percent of the classes or meet the training institution's standard for making adequate progress.
(g) The first time the parent does not meet the condition in subdivision (f), the parent may continue to receive services for one additional quarter, semester, or training period, as applicable, to improve the parent's progress. At the conclusion of that session, the parent shall, in the classes for which subsidized care was provided, have made adequate progress pursuant to subdivision (f). If the parent has not made adequate progress pursuant to subdivision (f), services for this purpose shall be:
(1) Terminated; and
(2) Available to the parent, to the extent provided by subdivision (a), after six months from the date of termination.
(h) No later than ten calendar days after the training institution's release of progress reports for the quarter, semester, or vocational training period, as applicable, the parent shall provide the contractor with a copy of the parent's official progress report. As it deems appropriate, the contractor may require the parent to:
(1) Have an official copy of a progress report sent directly from the training institution to the contractor; or
(2) Provide a release, as may be required by the training institution, to enable the contractor to verify the parent's progress with the institution.
(i) A parent may change his or her vocational goal, but services shall be limited to the time or units remaining from the initiation of the provision of services for vocational training as specified in subdivision (a).
(j) The contractor shall determine the days and hours needed per week, and whether the parent is making progress, based on the documentation. The contractor may request that the parent provide a publication from the training institution describing the classes required to complete the parent's vocational goal.
(k) If additional services are requested for study time or travel time to support the vocational training, the contractor shall determine, as appropriate, the amount of services needed for:
(1) Travel to and from the location at which services are provided and the training location, not to exceed half of the weekly hours authorized for training to a maximum of four hours per day; or
(2) Study time, including study time for on-line and televised instructional classes, according to the following:
(A) Two hours per week per academic unit in which the parent is enrolled;
(B) On a case-by-case basis and as may be confirmed with the class instructor, additional time not to exceed one hour per week per academic unit in which the parent is enrolled; and
(C) On a case-by-case basis, no more than the number of class hours per week for non-academic or non-unit bearing training.
(l) The service limitations specified in subdivision (a) shall not apply to a parent who demonstrates he or she is:
(1) As of June 27, 2008 receiving services for vocational training and has attained a Bachelor's Degree;
(2) Receiving services from a program operating pursuant to Education Code section 66060;
(3) Attending vocational training when the parent has been deemed eligible for rehabilitation services by the California Department of Rehabilitation; or
(4) Attending retraining services available through the Employment Development Department of the State or its contractors due to a business closure or mass layoff.
NOTE
Authority cited: Sections 8261, 8263 and 8265, Education Code. Reference: Sections 8206, 8261 and 8263, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of section heading, section and Note, filed 5-28-2008; operative 6-27-2008 (Register 2008, No. 22).
§18088. Documentation of Parental Incapacity; Service Limitations.
Note • History
(a) If the basis of need as stated on the application for services is parental incapacity, child care and development services shall not exceed 50 hours per week.
(b) Documentation shall include a release signed by the incapacitated parent authorizing a legally qualified health professional to disclose information necessary to establish that the parent meets the definition of incapacity, pursuant to section 18078, and needs services.
(c) The documentation of incapacitation provided by the legally qualified health professional shall include:
(1) A statement that the parent is incapacitated, that the parent is incapable of providing care and supervision for the child for part of the day, and, if the parent is physically incapacitated, that identifies the extent to which the parent is incapable of providing care and supervision;
(2) The days and hours per week that services are recommended to accommodate the incapacitation, taking into account the age of the child and the care needs. This may include time for the parent's regularly scheduled medical or mental health appointments;
(3) The probable duration of the incapacitation; and
(4) The name, business address, telephone number, professional license number, and signature of the legally qualified health professional who is rendering the opinion of incapacitation and, if applicable, the name of the health organization with which the professional is associated.
(d) The contractor may contact the legally qualified health professional for verification, clarification, or completion of the provided statement.
(e) The contractor shall determine the days and hours of service based on the recommendation of the health professional and consistent with the provisions of this article.
NOTE
Authority cited: Sections 8261, 8263 and 8265, Education Code. Reference: Sections 8261 and 8263, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of section heading, section and Note, filed 5-28-2008; operative 6-27-2008 (Register 2008, No. 22).
§18089. Documentation of the Child's Exceptional Needs.
Note • History
The family data file shall contain documentation of the child's exceptional needs if the contractor is claiming adjustment factors pursuant to Education Code section 8265.5(b)(4) or (b)(5), the child with exceptional needs is 13 through 21 years of age, or the contractor is operating a program pursuant to Education Code section 8250(d). The documentation of exceptional needs shall include:
(a) A copy of the portion of the active individual family service plan (IFSP) or the individualized education program (IEP) that includes the information as specified in Education Code section 56026 and California Code of Regulations, title 5, sections 3030 and 3031; and
(b) A statement signed by a legally qualified professional that:
(1) The child requires the special attention of adults in a child care setting; and
(2) Includes the name, address, license number, and telephone number of the legally qualified professional who is rendering the opinion.
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Sections 8208, 8250, 8261, 8263 and 56026, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of section heading, section and Note filed 8-16-2007; operative 9-15-2007 (Register 2007, No. 33).
§18090. Documentation of Homelessness.
Note • History
If the basis of eligibility as specified in Education Code section 8263(a)(1) is homelessness, the family data file shall include documentation of homelessness. The documentation of homelessness shall include:
(a) A written referral from an emergency shelter or other legal, medical or social service agency; or
(b) A written parental declaration that the family is homeless and a statement describing the family's current living situation.
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Sections 8261 and 8263, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment filed 8-16-2007; operative 9-15-2007 (Register 2007, No. 33).
§18091. Documentation of Seeking Permanent Housing; Service Limitations.
Note • History
(a) If the basis of need as stated on the application for services is seeking permanent housing for family stability, the parent's period of eligibility for child care and development services is limited to 60-working-days during the contract period, except as specified in subdivision (d). Services shall occur on no more than five days per week and for less than 30 hours per week. The period of eligibility shall start on the day authorized by the contractor and extend for consecutive working days.
(b) Documentation of seeking permanent housing shall include a written parental declaration signed under penalty of perjury that the family is seeking permanent housing. The declaration shall include the parent's search plan to secure a fixed, regular, and adequate residence and shall identify a general description of when services will be necessary. If the family is residing in a shelter, services may also be provided while the parent attends appointments or activities necessary to comply with the shelter participation requirements.
(c) The contractor shall determine the number of weeks available for seeking permanent housing and the child care schedule, which may be a variable schedule, based on the documentation. During the period of authorization and if necessary to verify need, the contractor may request that the parent provide, no more than once a week, either a declaration signed under penalty of perjury describing the activities the parent has undertaken during the previous week to seek permanent housing or a signed statement from the shelter, transitional housing agency, or homeless support program regarding the parent's search progress to date.
(d) If the parent does not expect to secure housing prior to the end of the eligibility period:
(1) The parent may request an extension in a declaration of need signed under penalty of perjury that includes an update of the parent's search plan and either a description of the activities undertaken during the previous week to seek permanent housing or a signed statement from the shelter, transitional housing agency, or homeless support program indicating the parent's continued need for services; and
(2) The contractor may authorize an extension of search eligibility for up to 20 additional working days.
(e) If services for this purpose are discontinued, the number of working days remaining in the period of eligibility shall be available for a subsequent period of eligibility during the contract period.
(f) As used in this section, the working days used to determine the period of eligibility shall include the consecutive Mondays through Fridays, excluding any federal holidays.
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Sections 8261 and 8263, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of section heading and section, filed 5-28-2008; operative 6-27-2008 (Register 2008, No. 22).
§18092. Documentation of Child Protective Services.
Note • History
If eligibility and need as specified in Education Code Sections 8263(a)(1) and (a)(2) are based on child protective services, the basic data file shall contain a written referral, dated within the six (6) months immediately preceding the date of application for services, from a legal, medical, social service agency or emergency shelter. The written referral shall include either:
(a) A statement from the local county welfare department, child protective services unit certifying that the child is receiving child protective services and that child care and development services are a necessary component of the child protective services plan; or
(b) A statement by a legally qualified professional that the child is at risk of abuse or neglect and the child care and development services are needed to reduce or eliminate that risk; and
(c) The probable duration of the child protective service plan or the at risk situation; and
(d) The name, address, telephone number and signature of the legally qualified professional who is making the referral.
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Sections 8261 and 8263, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of section and Note filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to emergency amendment filed 10-14-2005 by operation of Government Code section 11346.1(f). Certificate of Compliance as to 5-6-2005 order transmitted to OAL 9-2-2005; disapproved by OAL and order of repeal as to 5-6-2005 order filed on 10-14-2005 (Register 2005, No. 41).
4. Amendment filed 10-14-2005 as an emergency; operative 10-14-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-13-2006 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 10-14-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 20).
§18092.5. Documentation of At Risk of Abuse, Neglect, or Exploitation. [Repealed]
Note • History
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Sections 8208(k) and 8263, Education Code.
HISTORY
1. New section filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
2. Repeal of emergency adoption filed 10-14-2005 by operation of Government Code section 11346.1(g). Certificate of Compliance as to 5-6-2005 order transmitted to OAL 9-2-2005; disapproved by OAL and order of repeal as to 5-6-2005 order filed on 10-14-2005 (Register 2005, No. 41).
3. New section filed 10-14-2005 as an emergency; operative 10-14-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-13-2006 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 2006, No. 20).
§18093. Certification of Federal Eligibility for the Federal Based Migrant Program.
Note • History
Prior to enrolling a child in the Federal Based Migrant Program, the contractor shall certify that the child meets eligibility requirements of the Education Consolidation Improvement Act (E.C.I.A.), Chapter 1 Migrant funds. The certification documentation shall include:
(a) The child's full name, date of birth and birthplace;
(b) The parent(s) full name(s);
(c) The child's most recent address and date of departure;
(d) The child's current address and the date of arrival;
(e) Information about the employment of the parent(s) which identifies such employment as:
(1) seasonal or temporary and
(2) relating to fishing or agriculture;
(f) The purpose of the child's last move which qualifies the child for migrant services as defined in 34 Code of Federal Regulations, Section 201.3 (b);
(g) A statement signed by the parent(s) certifying that the child has moved with the family in order for the parent(s) to seek temporary or seasonal agriculturally related work;
(h) A statement signed by the contractor's authorized representative certifying that the child meets the eligibility criteria necessary to receive services funded by E.C.I.A., Chapter 1 Migrant funds; and
(i) Documentation that the parent has given consent for the child to participate in the program.
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Sections 8233, 8261 and 8263, Education Code and 34 Code of Federal Regulations, Part 201.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18094. Notice of Action, Application for Services.
Note • History
(a) The contractor's decision to approve or deny services shall be communicated to the applicant through a written statement referred to as a Notice of Action, Application for Services, in accordance with Section 18118 of this Division. The contractor shall maintain copies of the Notice of Action, Application for Services in the basic data file. The Notice of Action, Application for Services shall include:
(1) The applicant's name and address;
(2) The contractor's name and address;
(3) The name and telephone number of the contractor's authorized representative who made the decision;
(4) The date of the notice;
(5) The method of distribution of the notice.
(b) If services are approved, the notice shall contain:
(1) Basis of eligibility;
(2) Daily/hourly fee, if applicable;
(3) Duration of the eligibility;
(4) Names of children approved to receive services;
(5) Hours of service approved for each day;
(c) If the services are denied, the notice shall contain:
(1) The basis of denial; and
(2) Instructions for the parent(s) on how to request a hearing if they do not agree with the contractor's decision as stated in the Notice of Action, Application for Services in accordance with procedures specified in Sections 18120 and 18121 of this Division.
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Section 8263, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18095. Notice of Action, Recipient of Services.
Note • History
If upon recertification or update of the application, the contractor determines that the need or eligibility requirements are no longer being met, or the fee or amount of service needs to be modified, the contractor shall notify the family through a written Notice of Action, Recipient of Services in accordance with Section 18119 of this Division. The contractor shall maintain copies of all Notices of Action, Recipient of Services in the family's basic data file. The Notice of Action, Recipient of Services shall include:
(a) The type of action being taken;
(b) The effective date of the action;
(c) The name and address of the recipient;
(d) The name and address of the contractor;
(e) The name and telephone number of the contractor's authorized representative who is taking the action;
(f) The date the notice is mailed or given to the recipient;
(g) The method of distribution to the recipient;
(h) A description of the action;
(i) A statement of the reason(s) for the changes;
(j) A statement of the reason(s) for termination, if applicable; and
(k) Instructions for the parent(s) on how to request a hearing if they do not agree with the contractor's decisions as stated in the Notice of Action, Recipient of Services in accordance with procedures specified in Sections 18120 and 18121 of this Division. These instructions shall inform parents how to request a hearing from the contractor and, if necessary, from the Child Development Division as described in Sections 18120 and 18121 of this Division.
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Section 8263, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18096. Calculation of Income.
Note • History
The contractor shall calculate total countable income based on income information reflecting the family's current and on-going income:
(a) Using an income calculation worksheet that specifies the frequency and amount of the payroll check stubs provided by the parent and all other sources of income pursuant to section 18078(q).
(b) When income fluctuates because of:
(1) Agricultural work as referenced in section 18078(j)(1), by averaging income from the 12 months preceding the initial certification, an update of the application, or the recertification that establishes eligibility for services.
(2) Intermittent income as referenced in section 18078(j)(2), by averaging the intermittent income from the preceding 12 months by dividing by 12 and add this amount to the other countable income.
(3) Unpredictable income as referenced in section 18078(j)(3), by averaging the income from at least three consecutive months and no more than 12 months preceding the initial certification, an update of the application, or the recertification that establishes eligibility for services.
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Sections 8261 and 8263, Education Code.
HISTORY
1. New section filed 8-16-2007; operative 9-15-2007 (Register 2007, No. 33).
Article 3. Enrollment
§18100. Documentation and Determination of Family Size.
Note • History
(a) A parent shall provide the names of the parents and the names, gender and birthdates of the children identified in the family. This information shall be documented on a confidential application for child care and development services and used to determine family size. The parent shall provide supporting documentation regarding the number of children and parents in the family.
(1) The number of children shall be documented by providing at least one of the following documents, as applicable:
(A) Birth certificates;
(B) Court orders regarding child custody;
(C) Adoption documents;
(D) Records of Foster Care placements;
(E) School or medical records;
(F) County welfare department records; or
(G) Other reliable documentation indicating the relationship of the child to the parent.
(2) When only one parent has signed the application and the information provided pursuant to subdivision (a)(1) indicates the child(ren) in the family has another parent whose name does not appear on the application, then the presence or absence of that parent shall be documented by providing any one of the following documents, as applicable:
(A) Records of marriage, divorce, domestic partnership or legal separation;
(B) Court-ordered child custody arrangements;
(C) Evidence that the parent signing the application is receiving child support payments from that person, has filed for child support with the appropriate local agency, or has executed documents with that agency declining to file for child support;
(D) Rental receipts or agreements, contracts, utility bills or other documents for the residence of the family indicating that the parent is the responsible party; or
(E) Any other documentation, excluding a self-declaration except as provided in subdivision (a)(3), to confirm the presence or absence of a parent of a child in the family.
(3) If, due to the recent departure of a parent from the family, the remaining applicant parent cannot provide any documentation pursuant to subdivision (a)(2), the applicant parent may submit a self-declaration signed under penalty of perjury explaining the absence of that parent from the family. Within six months of applying or reporting this change in family size, the parent must provide documentation pursuant to subdivision (a)(2).
(b) If the information provided by the parent is insufficient, the contractor shall request any additional documentation necessary from subdivision (a) above to verify the family composition and family size.
(c) For income eligibility and family fee purposes, when a child and his or her siblings are living in a family that does not include their biological or adoptive parent, only the child and related siblings shall be counted to determine family size. In these cases, the adult(s) must meet a need criterion as specified in Education Code section 8263(a)(2).
(d) Upon the transfer of a family from CalWORKs Stage 1 to CalWORKs Stage 2 or Stage 3, the CalWORKs Stage 2 or Stage 3 contractor shall accept the CalWORKs Stage 1 agency's determination of family size until the family is re-certified.
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Section 8263, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of section heading and section filed 8-16-2007; operative 9-15-2007 (Register 2007, No. 33).
3. Change without regulatory effect amending subsection (a)(2)(E) filed 7-9-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 28).
§18101. Parents Seeking Employment; Eligibility and Service Limitation. [Renumbered]
Note • History
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Section 8263, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment filed 6-26-91 as an emergency; operative 6-26-91 (Register 91, No. 39). A Certificate of Compliance must be transmitted to OAL by 10-24-91 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-24-91 order including deletion of (1) designator and repealer of subsection (a)(2) transmitted to OAL 10-22-91 and filed 11-15-91 (Register 92, No. 7).
4. Renumbering of former section 18101 to new section 18086.5 filed 5-28-2008; operative 6-27-2008 (Register 2008, No. 22).
§18102. Notice to Families of Their Responsibility to Notify Contractor of Changes to Family Circumstances.
Note • History
At the time the contractor certifies or recertifies eligibility of a family/child for child care and development services, the contractor shall inform the family of the family's responsibility to notify the contractor within five calendar days of any changes in family income, family size, or the need for services as specified in Education Code section 8263(a)(2).
NOTE
Authority cited: Sections 8261, 8263 and 8265, Education Code. Reference: Sections 8206, 8261 and 8263, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of section and Note filed 5-28-2008; operative 6-27-2008 (Register 2008, No. 22).
Note • History
(a) After initial certification and enrollment, the contractor shall verify need and eligibility and recertify each family/child as follows:
(1) Families receiving services because the child is at risk of abuse, neglect or exploitation shall be recertified at least once every six (6) months;
(2) Families receiving services because of actual abuse, neglect or exploitation shall be recertified at least every six (6) months and, at the time of recertification, the contractor shall document that the family is participating in a protective services plan in accordance with the requirements of their local county welfare department, child protective services unit to alleviate the circumstances causing the abuse, neglect or exploitation;
(3) All other families shall be recertified at least once each contract period and at intervals not to exceed twelve (12) months;
(b) Contractors shall update the family's application to document continued need and eligibility as specified in Education Code Section 8263(a)(1) and (a)(2) and determine any change to fee assessment, if applicable, as follows:
(1) For migrant and other seasonally employed families, the application shall be updated within thirty (30) days whenever there is a change in family size or need as specified in Section 18083(e) of this Division if need is based on training or incapacity of the parent;
(2) For all other families, the application shall be updated within thirty (30) days whenever there is a change in family size, income, public assistance status or need as specified in Section 18083(e) of this Division;
(3) The requirement for updating the files does not apply to families receiving services because the child is abused, neglected or exploited or at risk of abuse, neglect, or exploitation.
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Sections 8261 and 8263, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to emergency amendment filed 10-14-2005 by operation of Government Code section 11346.1(f). Certificate of Compliance as to 5-6-2005 order transmitted to OAL 9-2-2005; disapproved by OAL and order of repeal as to 5-6-2005 order filed on 10-14-2005 (Register 2005, No. 41).
4. Amendment filed 10-14-2005 as an emergency; operative 10-14-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-13-2006 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 10-14-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 20).
§18104. Limited Term Service Leave Requirements.
Note • History
(a) If the family will temporarily not have a need for subsidized child care and development services as specified in Education Code section 8263(a)(2), the contractor may grant the family a limited term service leave. Reasons for a limited term service leave shall include medical leave and family leave, and may include, but are not limited to, break in employment, school break, the child's visit with the non-custodial parent that is not ordered by the court, or family vacation in excess of best interest days as specified in section 18066(f). Family leave means a leave:
(1) For the birth and care of the newborn child of the parent,
(2) For placement with the parent of a child for adoption or foster care, and
(3) To care for the parent's child, spouse, or parent who has a health condition.
(b) If the contractor offers limited term service leaves, the contractor:
(1) Shall provide equal access to limited term service leaves; and
(2) May set a limit on the number of leaves to be granted in a contract year based on an assessment of contract resources pursuant to section 18054.
(c) If the contractor grants a limited term service leave:
(1) The family shall not be disenrolled from the program;
(2) The service agreement with the parent shall indicate that no services will be provided during the limited term service leave; and
(3) The contractor shall not report the child as enrolled nor claim reimbursement from the California Department of Education while the child is on a limited term service leave.
(d) A limited term service leave shall not exceed 12 consecutive weeks in duration, except as specified in subdivisions (e) and (f).
(e) A limited term service leave from employment or training shall not exceed 16 consecutive weeks in duration if the leave is for:
(1) A medical or family leave; or
(2) A period when the vocational training program is not in spring, fall, or winter sessions.
(f) A limited term service leave may be granted for any portion of the contract period in which a child is attending an After School Education and Safety Program, pursuant to Education Code sections 8482 et seq., or a federal 21st Century Community Learning Centers program, as referenced in Education Code sections 8484.7 et seq.
NOTE
Authority cited: Sections 8261, 8263, 8265 and 8269, Education Code. Reference: Sections 8206, 8261, 8263 and 8265, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of section and Note filed 5-28-2008; operative 6-27-2008 (Register 2008, No. 22).
Article 4. Admission Policies and Procedures
§18105. Admission Policies and Procedures; Interview.
Note • History
(a) Contractors shall develop written admission policies and procedures which shall be made available to the public.
(b) The admission procedures established shall conform to requirements in Title 22 California Code of Regulations, Section 101319.
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Sections 8203 and 8263, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18106. Admission Priorities; Waiting List; and Displacement.
Note • History
(a) Within the first priority for services stated in Education Code section 8263(b)(1), children receiving protective services through the local county welfare department shall be enrolled before children identified as at risk of being neglected or abused.
(b) Except for situations where not all of the children in a family are certified based on child protective services, or the child's special need, a family that has a child or children enrolled in a program shall be allowed to enroll additional children provided there exists an appropriate program opening such as infant care or services to school age care children in which to enroll the child.
(c) When not all of the children in a family are certified based on child protective services, or the child's special need, the other children or the parents in the family must meet both eligibility and need criteria as specified in Education Code section 8263(a)(1) and (a)(2) prior to enrollment and shall be admitted in accordance with priorities specified in Education Code section 8263(b).
(d) Contractors shall not deny service to nor assign a lower priority to a family that needs less than full-time services.
(e) Contractors shall maintain a current waiting list in accordance with admission priorities. Contractors may satisfy the requirement for maintaining a waiting list by participating in a county child care centralized eligibility list. Contractors shall contact applicants in order of priority from the waiting list as vacancies occur.
(f) If it is necessary to displace families, families shall be displaced in reverse order of admission priorities.
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Section 8263, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of subsection (e) filed 4-15-2003; operative 5-15-2003 (Register 2003, No. 16).
3. Amendment of subsections (b) and (c) and amendment of Note filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to emergency amendment filed 10-14-2005 by operation of Government Code section 11346.1(f). Certificate of Compliance as to 5-6-2005 order transmitted to OAL 9-2-2005; disapproved by OAL and order of repeal as to 5-6-2005 order filed on 10-14-2005 (Register 2005, No. 41).
5. Amendment filed 10-14-2005 as an emergency; operative 10-14-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-13-2006 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to 10-14-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 20).
§18107. Residency Requirements.
Note • History
(a) In addition to other applicable eligibility requirements as specified elsewhere in this Division, to be eligible for child care and development services the child must live in the State of California while services are being received.
(b) Any evidence of a street address or post office address in California will be sufficient to establish residency. A person identified as homeless pursuant to section 18078(h)(2) is exempted from this requirement and shall submit a declaration of intent to reside in California.
(c) The governing board of any school district, community college or county superintendent of schools may accommodate children residing outside its district boundaries in accordance with Education Code section 8322(a).
(d) The determination of eligibility for child care and development services shall be without regard to the immigration status of the child or the child's parent(s), unless the child or the child's parent(s) are under a final order of deportation from the United States Department of Justice.
NOTE
Authority cited: Section 8263, Education Code. Reference: Section 8263, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment filed 8-16-2007; operative 9-15-2007 (Register 2007, No. 33).
Article 5. Parent Fees
Note • History
Contractors shall use a fee schedule prepared and issued by the Child Development Division.
NOTE
Authority cited: Section 8263, Education Code. Reference: Sections 8263 and 8265, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18109. Fee Assessment; Explanation to Parents.
Note • History
(a) The contractor shall utilize the following factors in determining the fee to be assessed for each family:
(1) The adjusted monthly family income;
(2) Family size; families having fewer than three (3) members shall be regarded as a family of three (3).
(3) The fee shall be assessed and collected based on the family's child who is enrolled for the longest period.
(4) The fee assessed and collected shall be either the fee indicated on the fee schedule, the actual costs of services or the contract maximum daily/hourly rate, whichever is least.
(5) No adjustment shall be made for excused or unexcused absences.
(6) The fee shall be the full portion of the family's cost for services.
(b) The contractor shall maintain a record of each family's fee assessment, the effective date(s) of each fee increase or decrease, the dates and amounts of fees collected and any amounts which are delinquent.
(c) The contractor shall explain to the parent(s) the contractor's policies regarding fee assessment and collection and the possible consequences for delinquent payment of fees.
NOTE
Authority cited: Section 8263, Education Code. Reference: Sections 8263 and 8265, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. New subsection (d) and amendment of Note filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to emergency amendment filed 10-14-2005 by operation of Government Code section 11346.1(f). Certificate of Compliance as to 5-6-2005 order transmitted to OAL 9-2-2005; disapproved by OAL and order of repeal as to 5-6-2005 order filed on 10-14-2005 (Register 2005, No. 41).
4. Amendment filed 10-14-2005 as an emergency; operative 10-14-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-13-2006 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 10-14-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 20).
§18110. Exceptions to Fee Assessment.
Note • History
No fees shall be collected from the following types of families whose children are enrolled:
(a) Because of a need for child protective services;
(b) In the State Preschool Program;
(c) In the Federal Based Migrant program;
(d) In the Severely Handicapped program; or
(e) With an income level that, in relation to family size, is less than the first entry in the fee schedule.
NOTE
Authority cited: Sections 8250 and 8263, Education Code. Reference: Sections 8250 and 8263, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of section and Note filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to emergency amendment filed 10-14-2005 by operation of Government Code section 11346.1(f). Certificate of Compliance as to 5-6-2005 order transmitted to OAL 9-2-2005; disapproved by OAL and order of repeal as to 5-6-2005 order filed on 10-14-2005 (Register 2005, No. 41).
4. Amendment filed 10-14-2005 as an emergency; operative 10-14-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-13-2006 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 10-14-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 20).
§18111. No Additional Payments or Costs; Exceptions.
Note • History
(a) Except as provided in subdivision (b) below, neither a contractor nor a provider of services shall require or solicit, in cash or in kind, additional payments from the recipients of service. The prohibition includes activities or services that would increase the family's cost of participation including meals, recreation and field trips. If additional payments are made or additional costs are incurred by the family, the contractor shall refund to the parent(s) the amount of payments made or costs incurred.
(b) A contractor or a provider of service need not make a refund as specified in subdivision (a) above when the family is enrolled in an Alternative Payment program and the parent(s) has voluntarily placed the child with a service provider that requires all parent(s) to provide a sack lunch or supplies such as diapers.
NOTE
Authority cited: Section 8263, Education Code. Reference: Sections 8263 and 8265, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Change without regulatory effect amending section heading and subsection (b) and repealing subsections (b)(1)-(2) filed 4-20-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 16).
§18112. Credit for Fees Paid to Other Service Providers.
Note • History
This section shall apply to child care and development services provided by someone other than the contractor:
(a) When a contractor cannot meet all of a family's needs for child care for which eligibility and need as specified in Education Code Section 8263(a)(1) and (a)(2) have been established, the contractor shall grant a fee credit equal to the amount paid to the other provider(s) of these child care and development services.
(b) The contractor shall apply the fee credit to the family's subsequent fee billing period. The family shall not be allowed to carry over the fee credit beyond the family's subsequent fee billing period.
(c) The contractor shall obtain copies of receipts or cancelled checks for the other child care and development services from the parent. The copies of the receipts or cancelled checks shall be maintained in the contractor's fee assessment records.
NOTE
Authority cited: Section 8263, Education Code. Reference: Sections 8263 and 8265, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18113. Receipt for Payment of Fee; Retention of Copy for Records.
Note • History
(a) The contractor or service provider shall provide an original copy of a pre-numbered receipt to each person who pays a fee. The receipt shall show the amount paid, the date of payment, the rate of payment and the period of service purchased.
(b) The contractor shall retain a copy of the receipt in its fee assessment records.
NOTE
Authority cited: Section 8263, Education Code. Reference: Sections 8263 and 8265, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18114. Advance Payment of Fees; Delinquent Fees; Notice of Delinquency.
Note • History
(a) Contractors shall adopt a policy for the collection of fees in advance of providing services. The written policy shall be provided to families at the time of initial enrollment into the program.
(b) For contractors providing direct services to children, fees shall be considered delinquent after seven (7) calendar days from the date the fees were due.
(c) For contractors providing services through Alternative Payment programs, fees shall be considered delinquent on the date they are notified by the provider that fees have not been paid.
(d) A Notice of Action, Recipient of Services shall be used to inform the family of the following:
(1) The total amount of unpaid fees;
(2) The fee rate;
(3) The period of delinquency; and
(4) That services shall be terminated two (2) weeks from the date of the Notice unless all delinquent fees are paid before the end of the two (2)-week period.
NOTE
Authority cited: Section 8263, Education Code. Reference: Sections 8263 and 8265, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18115. Plan for Payment of Delinquent Fees.
Note • History
The contractor shall accept a reasonable plan from the parent(s) for payment of delinquent fees. The contractor shall continue to provide services to the child, provided the parent(s) pays current fees when due and complies with the provisions of the repayment plan.
NOTE
Authority cited: Section 8263, Education Code. Reference: Sections 8263 and 8265, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18116. Consequences of Nonpayment of Delinquent Fees.
Note • History
Upon termination of services for nonpayment of delinquent fees, the family shall be ineligible for child care and development services until all delinquent fees are paid.
NOTE
Authority cited: Section 8263, Education Code. Reference: Sections 8263 and 8265, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18117. Confidentiality of Records.
Note • History
(a) The use or disclosure of all information pertaining to the child and his/her family shall be restricted to purposes directly connected with the administration of the program.
(b) The contractor shall permit the review of the basic data file by the child's parent(s) or parent's authorized representative, upon request and at reasonable times and places.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8261, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
Article 6. Due Process Requirements
§18118. Approval or Denial of Child Care and Development Services.
Note • History
The contractor shall mail or deliver a completed Notice of Action, Application for Services to the parents within thirty (30) calendar days from the date the application is signed by the parent(s) in accordance with Sections 18094 and 18095 of this Division.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8261, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18119. Changes Affecting Service.
Note • History
(a) The contractor shall complete a Notice of Action, Recipient of Services when changes are made to the service agreement. Such changes may include, but are not limited to, an increase or decrease in parent fees, an increase or decrease in the amount of services, or termination of service.
(b) The contractor shall mail or deliver the notice of action to the parents at least fourteen (14) calendar days before the effective date of the intended action whenever:
(1) The contractor has factual information that confirms the death of the parent or the child;
(2) The contractor receives notification from the parent that the parent no longer wants the service;
(3) The agreement for services was a limited term authorization which has come to the end of the term, and at the time of approval of the limited term authorization, the parent was informed in writing of the date services would terminate; or
(4) The parent does not provide eligibility or need information after a written request by the contractor.
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Sections 8261 and 8263, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18120. Clients Request for a Hearing; Rules and Procedures.
Note • History
(a) If the parent disagrees with an action, the parent(s) may file a request for a hearing with the contractor within fourteen (14) calendar days of the date the Notice of Action was received.
(b) Upon the filing of a request for hearing, the intended action shall be suspended until the review process has been completed. The review process is complete when the appeal process has been exhausted or when the parent(s) abandons the appeal process.
(c) Within ten (10) calendar days following the receipt of the request for a hearing, the contractor shall notify the parent(s) of the time and place of the hearing. The time and place of the hearing shall, to the extent possible, be convenient for the parent(s).
(d) The hearing shall be conducted by an administrative staff person who shall be referred to as “the hearing officer.” The hearing officer shall be at a staff level higher in authority than the staff person who made the contested decision.
(e) The parent(s) or parent's authorized representative is required to attend the hearing. If the parent or the parent's authorized representative fails to appear at the hearing, the parent will be deemed to have abandoned his or her appeal.
(f) Only persons directly affected by the hearing shall be allowed to attend.
(g) The contractor shall arrange for the presence of an interpreter at the hearing, if one is requested by the parent(s).
(h) The hearing officer shall explain to the parent(s) the legal, regulatory, or policy basis for the intended action.
(i) During the hearing, the parent(s) shall have an opportunity to explain the reason(s) they believe the contractor's decision was incorrect. The contractor's staff shall present any material facts omitted by the parent(s).
(j) The hearing officer shall mail or deliver to the parent(s) a written decision within ten (10) calendar days after the hearing.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8261, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18121. Appeal Procedure for Child Development Division Review.
Note • History
(a) If the parent disagrees with the written decision from the contractor, the parent has fourteen (14) calendar days in which to appeal to the Child Development Division.
(b) If the parent(s) do(es) not submit an appeal request to the Child Development Division within fourteen (14) calendar days, the parents' appeal process shall be deemed abandoned and the contractor may implement the intended action.
(c) The parent(s) shall specify in the appeal request the reason(s) why he/she believes the contractor's decision was incorrect.
(d) A copy of the contractor's notice of intended action and written decision shall be submitted by the parent(s) with the appeal request.
(e) Upon receipt of an appeal request, the Child Development Division may request copies of the basic data file and other relevant materials from the contractor. The Child Development Division may also conduct any investigations, interviews or mediation necessary to resolve the appeal.
(f) The decision of the Child Development Division shall be mailed or delivered to the parent(s) and to the contractor within thirty (30) calendar days after receipt of the appeal request.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8261, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18122. Contractor Compliance with Child Development Division Decision; Reimbursement for Services During the Appeal Process.
Note • History
(a) The contractor shall comply with the decision of the Child Development Division immediately upon receipt thereof.
(b) The contractor shall be reimbursed for child care and development services delivered to the family which is appealing during the appeal process.
(c) If a contractor's determination that a family is ineligible is upheld by the Child Development Division, services to the family shall cease upon receipt of the Child Development Division's decision by the contractor.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8261, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
Subchapter 4. State Preschool Program
Article 1. Scope of Chapter
§18130. Scope of Chapter: Applicable Regulations.
Note • History
(a) The regulations contained in this Chapter shall apply only to contractors funded for the State Preschool Program.
(b) Except as otherwise provided in this Chapter, contractors funded for the State Preschool program shall also comply with regulations contained in Chapters 1, 2, 12, 14 and 15 in whole, and Sections 18077, 18078 (a)(d)(h)(1), 18081 (a)(b)(1), 18082, 18083 (a)(b)(h)(i)(j), 18084, 18094, 18095, 18100, 18105, 18107, 18117 and 18118 through 18122 of Chapter 3 and Section 18290(c)(e) of Chapter 13 of this Division.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8203 and 8235, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50). For history of former Chapter 4 (Sections 18201-18208), see Register 79, No. 16.
2. Editorial correction of subsection (b) (Register 95, No. 9).
Article 2. Enrollment Priorities
§18131. Enrollment Priorities for State Preschool Programs.
Note • History
(a) The first priority for services shall be given to four-year-old or three-year-old neglected or abused children who are recipients of child protective services or recipients who are at risk of being neglected or abused, upon written referral from a legal, medical, or social service agency, without regard to income.
(b) The second priority shall be given to eligible four-year-old children in the following order:
(1) Children who were enrolled in the State Preschool Program as a three-year-old, without regard to income ranking.
(2) Children whose families have the lowest income ranking based on the most recent income ranking schedule adopted by the State Superintendent of Public Instruction (SSPI) at the time of enrollment. The Child Care and Development Income Rankings (revised 12/2007) is hereby incorporated by reference.
(3) When two or more families have the same income ranking, according to the most recent income ranking schedule, the child with exceptional needs as defined in Education Code section 8208(l) shall be admitted first.
(4) If there are no families with children with exceptional needs, the contractor may establish the following priorities in an order determined by the contractor.
(A) Children who are identified as limited English or non-English proficient.
(B) Children from families whose special circumstances may diminish the children's opportunities for normal development.
(c) After all eligible four-year-old children are enrolled, three-year-old children may be enrolled based on the priorities described in subdivision 18131(b)(2) through (4).
(d) The family data file shall include documentation to support the determination that the child meets the priority for service. If the priority for service is the child's exceptional need, the family data file shall include documentation as specified in section 18089(f) of this division.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8208, 8235, 8236, 8263 and 56443, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of section and Note filed 12-9-2008; operative 1-8-2008 (Register 2008, No. 50).
§18131.1. Collaborative Full-Day Services.
Note • History
(a) When collaborative full-day services are provided with State Preschool contract funds, when the State Preschool contractor is also a Head Start grantee or delegate agency or has a signed collaboration agreement with a Head Start grantee or delegate agency, the State Preschool contractor shall:
(1) Search the county centralized eligibility list (CEL) for eligible children whose family income is at or below the Head Start income guidelines, who need full-day services, and, if the information is included in the CEL, the Head Start enrollment priorities;
(2) Give first priority for services to eligible children based on section 18131(a); and
(3) Give second priority for services to children drawn from the CEL search and any other eligible children from families with incomes not to exceed the exceptions specified in section 18133, who meet Head Start enrollment priorities, as these children shall be deemed as meeting the priorities specified in section 18131(b) and (c).
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8208, 8235 and 56443, Education Code.
HISTORY
1. New section filed 12-9-2008; operative 1-8-2008 (Register 2008, No. 50).
§18132. Certification of Eligibility; Waiting List.
Note • History
(a) The contractor shall certify eligibility no more than thirty (30) calendar days prior to the first day of the beginning of the new preschool year.
(b) After full enrollment is attained, the contractor shall prepare a waiting list based on the enrollment priorities set forth in Section 18131 of this Division.
NOTE
Authority cited: Section 8263, Education Code. Reference: Sections 8235 and 8263, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18133. Exceptions to Enrollment Priorities; Ten Percent (10%) Limitation.
Note • History
(a) If no eligible children are on the waiting list, the contractor may enroll children who are not otherwise eligible for participation. This includes children who exceed the age limitations and children from families whose income exceeds the current income ceiling issued by the Child Development Division by fifteen percent (15%) or less of the adjusted monthly income for income eligible families of the same size.
(b) Children enrolled pursuant to subsection (a) above shall comprise a maximum of ten percent (10%) of the total enrollment.
(c) The contractor shall maintain the following information in the basic data file of children enrolled pursuant to this section:
(1) Evidence that shows the contractor has made a diligent search for eligible children;
(2) The child's family income; and
(3) The specific reason(s) for enrolling each child.
(d) To the greatest extent possible, the contractor shall assign children enrolled pursuant to this section to all of the State Preschool program classes within the contractor's jurisdiction.
NOTE
Authority cited: Section 8263, Education Code. Reference: Sections 8235 and 8263, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18134. Exceptions to Calculation of Adjusted Monthly Income (as Defined in Section 18078) for Military Personnel.
Note • History
Program vacancies shall be filled first by children pursuant to all statutorily mandated priorities. For programs located on or in close proximity to a military base or base housing, for purposes of determining eligibility and income ranking for families when an individual counted in the family size is on federal active duty, state active duty, active duty for special work, or Active Guard and Reserve duty in the military, and the families reside on a military base or in military housing, the contractor may, with prior written approval from the State Superintendent of Public Instruction or his or her designee, exclude the amount of the basic allowance for housing provided to the individual pursuant to 37 USC 403.
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Sections 8235, 8236, 8263 and 8263.1, Education Code.
HISTORY
1. New section filed 11-5-2007 as an emergency; operative 11-5-2007 (Register 2007, No. 45). A Certificate of Compliance must be transmitted to OAL by 5-5-2008 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 11-5-2007 order, including amendment of section, transmitted to OAL 3-11-2008 and filed 4-21-2008 (Register 2008, No. 17).
Article 3. Other Requirements
§18135. Volunteers; Staffing Ratios.
Note • History
If the contractor cannot recruit a sufficient number of parents or volunteers, the contractor shall hire teacher aides for each class to the extent required to meet adult/child ratios as set forth in Section 18290 of this Division.
NOTE
Authority cited: Section 8287, Education Code. Reference: Sections 8235 and 8288, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18136. Minimum Hours and Days of Operation.
Note • History
The contractor shall operate classes a minimum of three (3) hours per day, excluding home-to-school transportation time, for a minimum of 175 days per year, unless the child development contract specified a lower minimum days of operation.
NOTE
Authority cited: Sections 8261, Education Code. Reference: Sections 8235 and 8265, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
Subchapter 5. School-Age Parenting and Infant Development Programs* [Repealed]
(Originally filed 5-21-75)
* Regulations contained in Division 19, Chapter 3 prior to filing of 4-23-79.
HISTORY
1. Change without regulatory effect repealing subchapter 5 (articles 1-8, sections 18140-18174) filed 11-5-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 45).
Subchapter 6. Campus Child Care Program
§18175. Applicable Regulations.
Note • History
Except as provided in Education Code Section 8225(b), contractors funded by the Campus Child Care Program shall also comply with the regulations set forth in Chapters 1, 2, 3, 12, 13, 14 and 15 of this Division.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8225 and 8263, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
Subchapter 7. Federal Based Migrant Program
Article 1. Scope of Chapter
§18180. Scope of Chapter: Applicable Regulations.
Note • History
(a) The regulations contained in this Chapter shall apply only to contractors funded through the Federal Based Migrant program.
(b) Except as otherwise provided in this Chapter, contractors funded by the Federal Based Migrant program shall also comply with regulations contained in Chapters 1, 2, 12, 13, 14 and 15 in whole and Sections 18077, 18078(d), 18081 (a) (b) (c) and (d), 18093, 18094, 18095, 18103, 18105, 18110, 18117, 18118, 18119, 18120, 18121 and 18122 of Chapter 3 of this Division.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8233 and 8261, Education Code; 34 Code of Federal Regulations, Part 201; and 20 United States Code, Parts 2761, 2762, 2763.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
Article 2. Eligibility and Enrollment Priorities
Note • History
Definitions contained in 34 Code of Federal Regulations Section 201.3 apply.
NOTE
Authority cited: Section 8261, Education Code. Reference: 34 Code of Federal Regulations, Section 201.3.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18182. Enrollment Priorities.
Note • History
(a) The following are the enrollment priorities for the Federal Based Migrant program:
(1) First Priority: Currently migratory child.
(2) Second Priority: Formerly migratory child.
(b) A newborn infant whose family's residence has not changed since birth is not considered to be a currently migratory child.
(c) Contractors operating in a federally funded public migrant housing center shall reserve the first fourteen (14) days of their initial enrollment period for residents of the public housing center.
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Section 8231, Education Code; and 34 Code of Federal Regulations Part 201.31.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18183. Eligibility Certification for Federal Based Migrant Programs.
Note • History
Federal eligibility shall be determined before the child is enrolled or served in the program.
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Section 8263, Education Code; and 34 Code of Federal Regulations Part 201.30.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18184. Migrant Student Record Transfer System.
Note • History
The contractor shall register all children enrolled on the Migrant Student Record Transfer System (MSRTS).
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8231, Education Code; and 34 Code of Federal Regulations, Part 201.32.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
Subchapter 7.5. State Based Migrant Program
Article 1. Scope of Chapter
§18190. Scope of Chapter: Applicable Regulations.
Note • History
(a) The regulations contained in this Chapter shall apply only to contractors funded by the State Based Migrant program.
(b) Except as otherwise provided in this Chapter, contractors funded by the State Based Migrant program shall also comply with regulations contained in Chapters 1, 2, 12, 13, 14, 15 in whole and Chapter 3, except for Section 18106, of this Division.
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Sections 8231, 8232, 8233 and 8261, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
Article 2. Eligibility and Enrollment Priorities
Note • History
In addition to meeting the criteria for being an agricultural worker family as specified in Education Code Section 8231(a), the family shall also meet eligibility and need criteria specified in Education Code Section 8263(a)(1) and (a) (2).
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Sections 8231 and 8263, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18192. Priorities for Enrollment; Waiting List; Displacement Order.
Note • History
(a) Children of eligible migrant agricultural worker families shall be enrolled in the order of priorities specified in Education Code Section 8231(b).
(b) Contractors operating in federally funded public migrant housing centers shall reserve the first fourteen (14) days of their enrollment period for residents of the public migrant housing center.
(c) The contractor shall maintain a waiting list in accordance with the enrollment priorities specified in Education Code Section 8231(b).
(d) If it is necessary to displace families, families shall be displaced in reverse order of enrollment priorities.
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Sections 8231 and 8263, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
Subchapter 8. School Age Community Child Care Services Program (Latch Key) [Repealed]
Article 1. Scope of Chapter [Repealed]
§18200. Scope of Chapter: Applicable Regulations. [Repealed]
Note • History
NOTE
Authority cited: Section 8461, Education Code. Reference: Section 8463, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Change without regulatory effect repealing subchapter 8 (articles 1-2, sections 18200-18207) and section filed 4-20-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 16).
Article 2. General Provisions [Repealed]
§18201. Waiting List; Priorities for Enrollment. [Repealed]
Note • History
NOTE
Authority cited: Section 8461, Education Code. Reference: Section 8468.5, Education Code.
HISTORY
1. Repealer and new section filed 11-21-88; operative 1-1-89 (Register 88, No. 50). For prior history, see Register 79, No. 16.
2. Change without regulatory effect repealing section filed 4-20-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 16).
§18202. Age Limitation. [Repealed]
Note • History
NOTE
Authority cited: Section 8461, Education Code. Reference: Section 8468.5, Education Code.
HISTORY
1. Repealer and new section filed 11-21-88; operative 1-1-89 (Register 88, No. 50). For prior history, see Register 79, No. 16.
2. Change without regulatory effect repealing section filed 4-20-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 16).
§18203. Staff Qualifications--Program Director for School Age Programs. [Repealed]
Note • History
NOTE
Authority cited: Sections 8287 and 8461, Education Code. Reference: Section 8463, Education Code.
HISTORY
1. Repealer and new section filed 11-21-88; operative 1-1-89 (Register 88, No. 50). For prior history, see Register 79, No. 16.
2. Change without regulatory effect repealing section and amending Note filed 4-20-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 16).
§18204. Adult/Child Ratios in Group Child Development Programs. [Repealed]
History
HISTORY
1. Repealer filed 11-21-88; operative 1-1-89 (Register 88, No. 50). For prior history, see Register 79, No. 16.
§18205. Staff Qualifications--Site Supervisor. [Repealed]
Note • History
NOTE
Authority cited: Sections 8287 and 8461, Education Code. Reference: Section 8463(l), Education Code.
HISTORY
1. Repealer and new section filed 11-21-88; operative 1-1-89 (Register 88, No. 50). For prior history, see Register 79, No. 16.
2. Change without regulatory effect repealing section filed 4-20-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 16).
§18206. Staff Qualifications--Teacher. [Repealed]
Note • History
NOTE
Authority cited: Sections 8287 and 8461, Education Code. Reference: Section 8463(l), Education Code.
HISTORY
1. Repealer and new section filed 11-21-88; operative 1-1-89 (Register 88, No. 50). For prior history, see Register 79, No. 16.
2. Change without regulatory effect repealing section filed 4-20-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 16).
§18207. Staff Qualifications--Teacher Aide. [Repealed]
Note • History
NOTE
Authority cited: Sections 8287 and 8461, Education Code. Reference: Section 8463(l), Education Code.
HISTORY
1. Repealer and new section filed 11-21-88; operative 1-1-89 (Register 88, No. 50). For prior history, see Register 79, No. 16.
2. Change without regulatory effect repealing section filed 4-20-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 16).
§18208. Ratios Based on Average Attendance. [Repealed]
History
HISTORY
1. Repealer filed 11-21-88; operative 1-1-89 (Register 88, No. 50). For prior history, see Register 79, No. 16.
Subchapter 9. Severely Handicapped Program
§18210. Scope of Chapter: Applicable Regulations.
Note • History
(a) The regulations contained in this Chapter shall only apply to contractors funded through the Severely Handicapped program.
(b) Except as otherwise provided in this Chapter contractors funded by the Severely Handicapped program shall also comply with regulations contained in Chapters 1, 2, 12, 14, 15 in whole and Sections 18077, 18078 (h) , 18081 (a) (b) (5) (c) (d), 18082, 18083 (a) (b) (c) (h) (i) (j), 18094, 18095, 18105, 18107, 18110 and 18117 through 18122 of Chapter 3 and Sections 18290 and 18291 of Chapter 13 of this Division.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8208, 8250 and 56026, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
Note • History
In order to be eligible for services through the Severely Handicapped program, the child must have a physical, mental or emotional handicap of such severity that the child cannot be adequately or appropriately served in regular child care and development program as determined by the individualized Education Plan (IEP) required by Section 18212 of this Division.
NOTE
Authority cited: Sections 8261, Education Code. Reference: Section 8250, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18212. Additional Basic Data File Requirements.
Note • History
The child's basic data file shall include an Individualized Education Plan (IEP) as specified in Section 56026 of the Education Code and Sections 3030 and 3031 of Title 5 California Code of Regulations.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8250, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18213. Minimum Hours of Operation.
Note • History
The contractor shall provide child development services a minimum of three and a half (3 1/2) hours per day.
NOTE
Authority cited: Sections 8261 and 8269, Education Code. Reference: Section 8250, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50) .18220. Scope of chapter: Applicable Regulations.
Subchapter 10. Alternative Payment Program
Article 1. Scope of Subchapter
§18220. Scope of Subchapter: Applicable Regulations.
Note • History
(a) The regulations contained in this subchapter shall only apply to contractors authorized to establish, maintain, or operate Alternative Payment programs as defined in section 18013(e) of this chapter.
(b) Except as otherwise provided in this chapter, contractors funded to provide Alternative Payment program services shall also comply with regulations contained in subchapters 1, 2, 3, and 15 in whole and sections 18271(a), (c), 18274, 18277 and 18279 of subchapter 12 of this chapter.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8203 and 8261, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Editorial correction of printing error restoring subchapter 10 and article 1 headings (Register 91, No. 29).
3. Amendment of article heading, section heading and section filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 5-6-2005 order transmitted to OAL 8-30-2005 and filed 10-11-2005 (Register 2005, No. 41).
Article 1.5. General Provisions
Note • History
(a) “Probation” means the period of time that a licensed child care facility is required to comply with specific terms and conditions set forth by the California Department of Social Services in order to stay or postpone revocation of the facility's license.
(b) “Revocation” means an administrative action taken by the California Department of Social Services to void or rescind the license of a child care facility because of serious or chronic violations of licensing laws or regulations by the facility.
(c) “Temporary suspension” means an administrative action taken by the California Department of Social Services that immediately suspends a facility license.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8212, Education Code; and Sections 1596.773, 1596.885 and 1596.886, Health and Safety Code.
HISTORY
1. New article 1.5 (section 18220.2) and section filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-6-2005 order, including amendment of subsections (a) and (b), transmitted to OAL 8-30-2005 and filed 10-11-2005 (Register 2005, No. 41).
Article 2. Policies and Procedures
§18220.6. Provider Rate. Family Co-Payment.
Note • History
(a) A family may choose a child care provider regardless of the provider's rate.
(b) When a provider's rate and other allowable charges exceed the maximum subsidy amount, the family shall be responsible for paying the provider the difference between the provider's rate and the maximum subsidy amount. This shall be considered the family's co-payment. The contractor shall not be responsible for collecting the family's co-payment.
NOTE
Authority cited: Sections 8265 and 8269, Education Code. Reference: Section 8265 and 8269, Education Code.
HISTORY
1. New section filed 6-8-2004; operative 6-8-2004 (Register 2004, No. 24).
§18221. Information on Contractor Policies.
Note • History
The contractor shall develop and implement a written policy statement. The policy statement shall include information regarding:
(a) A description of the program's purpose, design, and organization framework;
(b) Priorities for enrollment;
(c) Family eligibility requirements;
(d) Conditions for participation;
(e) Reimbursement of providers which may include a limitation of 1.5 standard deviations from the mean market rate for the type of care provided as established by the most recent survey of the local resource and referral agency;
(f) Requirements for provider participation;
(g) Range of services available including limitations, if any, on payment for in-home care; and
(h) Parent fee collection policy and procedures including direct payment of fees to the provider, if allowable.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8203, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Editorial correction of printing error restoring article 2 heading (Register 91, No. 29).
§18222. Information to Be Given to Parents.
Note • History
(a) The contractor shall provide parents with the following information upon enrollment in the program:
(1) The policy statement specified in Section 18221 of this Division;
(2) Information regarding the confidentiality of records;
(3) Information regarding grievance procedures for parents; and
(4) Information regarding the rights of parents to change child care settings.
(b) If the parent(s) speaks a language other than English or is (are) hearing impaired, the information shall be provided through written materials or by Presentation of an interpreter in a language the parent understands.
NOTE
Authority cited: Section 8261, Education Code, Reference: Section 8203, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18223. Procedures for Provider Participation.
Note • History
The contractor shall develop and implement written policies and procedures for provider participation which include the following:
(a) Maximizing parental choice with consideration of the contractor's ability to pay for the services within the funding provided in the annual child development contract.
(b) Acceptance, rejection and termination of provider affiliation with the program.
(c) Grievance procedures for parents and providers in the program.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8203, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18224. Written Materials to Be Given to Providers.
Note • History
(a) The contractor shall give to all providers the following information:
(1) A copy of the contractor's policy statements as specified in Sections 18221 (e), (f) and (h), 18223 and 18226 of this Division;
(2) A statement prohibiting the provider from engaging in religious instruction or worship while providing child care and development services;
(3) A statement prohibiting the provider from engaging in any form of discrimination;
(4) A schedule for the payment of services which shall be signed by the provider; and
(5) Instructions on enrollment and attendance recordkeeping requirements.
(b) If a provider speaks a language other than English or is hearing impaired, the information shall be provided either through written materials or by presentation of an interpreter in the language that the provider understands.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8203, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50) .
Article 2.5. Receipt of Notification of Temporary Suspension Order, License Revocation, or Probation. Notification of Parents and Facilities
§11968.1. Numbering of Charter School Petitions.
Note • History
(a) In accordance with subdivision (a) of section 47602 of the Education Code, the California Department of Education (CDE), on behalf of the SBE, shall establish and administer a numbering system to track the total number of charter schools authorized to operate in the state, based on the chronological order of the receipt of a complete charter petition and notification of charter approval by a local educational agency (LEA) or, in the case of a charter petition approved by the SBE, the date and time of the SBE's approval.
(b) When the SBE approves a charter petition or receives notice that a charter petition has been approved by a LEA, the SBE shall assign a number to that charter petition in accordance with section 47602(a)(1) of the Education Code.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 47602, Education Code.
HISTORY
1. New article 2.5 heading and renumbering and amendment of former section 11969 to new section 11968.1 filed 11-16-2011; operative 12-16-2011 (Register 2011, No. 46).
§11968.5.1. Revocation of, or Other Action Related to, a Charter by the State Board of Education upon Recommendation by the State Superintendent of Public Instruction Pursuant to Education Code Sections 47604.5(a) and (b).
Note • History
(a) Prior to making a recommendation to the SBE under Education Code sections 47604.5(a) and (b), the SSPI shall deliver a written notice to the charter school's governing body as described in the school's charter and the SBE Executive Director, which identifies one or more specific alleged violations by the charter school based on the grounds specified in Education Code sections 47604.5(a) and (b). This notice shall identify all of the following:
(1) the charter school's alleged gross financial mismanagement that jeopardizes the financial stability of the charter school pursuant to Education Code section 47604.5(a); or the charter school's alleged illegal or substantially improper use of charter school funds for the personal benefit of any officer, director, or fiduciary of the charter school pursuant to Education Code section 47604.5(b);
(2) all evidence relied upon by the SSPI in determining the charter school engaged in any of the acts or omissions identified in subdivision (a)(1); and
(3) the period of time that will serve as the opportunity to remedy or refute the identified violation(s) by the charter school's governing body as described in the school's charter.
(b) Upon receipt of a written notice, the charter school's governing body as described in the school's charter, if it chooses to respond, shall take the following actions:
(1) Submit to the SSPI a detailed, written response to each identified violation which shall include the refutation or remedial action taken by the charter school's governing body as described in the school's charter, specific to each identified violation. The written response shall be due by the end of the remedy period identified in the written notice.
(2) Attach to its written response, supporting evidence of remedial action, if any, including written reports, statements, and other appropriate documentation.
(c) After conclusion of the remedy period, the SSPI shall evaluate the response of the charter school's governing body as described in the school's charter, if submitted, and shall take one of the following actions:
(1) Make a recommendation to the SBE to take appropriate action, including but not limited to, revocation of the school's charter, and provide timely written notice of such action within 30 calendar days to the charter school's governing body as described in the school's charter; or
(2) Discontinue action and provide written notice of such action to the charter school's governing body as described in the school's charter within 10 calendar days.
(d) In making a recommendation to the SBE to take appropriate action, including but not limited to, revocation of the school's charter, the SSPI shall present written findings to the SBE at the next regularly scheduled board meeting.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 47604.5 and 47607, Education Code.
HISTORY
1. New section filed 11-16-2011; operative 12-16-2011 (Register 2011, No. 46).
§11968.5.2. Charter Revocation.
Note • History
This section sequentially sets forth procedures the chartering authority and the charter school's governing body as described in the school's charter shall complete for the revocation of a school's charter pursuant to Education Code section 47607, except for charter revocation when the violation constitutes a severe and imminent threat to the health or safety of pupils which is subject to section 11968.5.3 rather than this section.
(a) At least 72 hours prior to any board meeting in which a chartering authority will consider issuing a Notice of Violation, the chartering authority shall provide the charter school with notice and all relevant documents related to the proposed action.
(b) The chartering authority shall deliver a Notice of Violation to the charter school's governing body as described in the school's charter.
(c) Upon receipt of a Notice of Violation, the charter school's governing body as described in the school's charter, if it chooses to respond, shall take the following actions:
(1) Submit to the chartering authority a detailed, written response addressing each identified violation which shall include the refutation, remedial action taken, or proposed remedial action by the charter school specific to each alleged violation. The written response shall be due by the end of the remedy period identified in the Notice of Violation.
(2) Attach to its written response supporting evidence of the refutation, remedial action, or proposed remedial action, if any, including written reports, statements, and other appropriate documentation.
(d) After conclusion of the reasonable opportunity to remedy, the chartering authority shall evaluate the response of the charter school's governing body as described in the school's charter response to the Notice of Violation and any supporting evidence, if submitted, and shall take one of the following actions:
(1) If the chartering authority has substantial evidence that the charter school has failed to refute to the chartering authority's satisfaction, or remedy a violation identified in the Notice of Violation, continue revocation of the school's charter by issuing a Notice of Intent to Revoke to the charter school's governing body as described in the school's charter; or
(2) Discontinue revocation of the school's charter and provide timely written notice of such action to the charter school's governing body as described in the school's charter.
(e) If the chartering authority does not act, as specified in subdivision (d), within 60 calendar days of the conclusion of the remedy period specified in the Notice of Violation, the revocation process is terminated and the Notice of Violation is void.
(f) On the date and time specified in the Notice of Intent to Revoke, the chartering authority shall hold a public hearing concerning revocation. No more than 30 calendar days after the public hearing (or 60 calendar days by written mutual agreement with the charter school) the chartering authority shall issue a Final Decision.
(g) The chartering authority shall provide a copy of the Final Decision to the CDE and its county board of education (unless the county board of education is also the chartering authority), within 10 calendar days of issuing the Final Decision.
(h) If the chartering authority does not act to issue a Final Decision within the timeframe specified in subdivision (f), the revocation process is terminated and the Notice of Intent to Revoke is void.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 47604.32 and 47607, Education Code.
HISTORY
1. New section filed 11-16-2011; operative 12-16-2011 (Register 2011, No. 46).
§11968.5.3. Charter Revocation When There is a Severe and Imminent Threat to the Health or Safety of Pupils and Appeal of Revocation by Determination of a Severe and Imminent Threat to Pupil Health or Safety to a County Board of Education and the State Board of Education.
Note • History
This section sets forth procedures the chartering authority shall complete for the revocation of a school's charter when the chartering authority has determined that any violation under Education Code section 47607(c) constitutes a severe and imminent threat to the health or safety of pupils and the procedures that a charter school and county office of education and SBE must follow if the charter school elects to appeal a chartering authority's Final Decision to revoke the school's charter.
(a) If there is a severe and imminent threat to pupil health or safety, the chartering authority is exempt from the requirements of section 11968.5.2 and may immediately revoke the school's charter by approving and delivering a Notice of Revocation by Determination of a Severe and Imminent Threat to Pupil Health or Safety to the charter school's governing body as described in the school's charter, the county board of education (unless the county board of education is also the chartering authority), and the CDE.
(b) Following the approval and delivery of the Notice of Revocation by Determination of a Severe and Imminent Threat to Pupil Health or Safety by the chartering authority, the charter school's governing body as described in the school's charter may appeal to the county board of education or the SBE, as applicable, pursuant to Education Code sections 47607(f) and (g).
(c) In an appeal to a county board of education, within 30 calendar days of receipt of a Final Decision revoking the school's charter, the charter school's governing body as described in the school's charter shall approve and deliver a written Notice of Appeal to the county board of education that:
(1) includes a copy of the Notice of Revocation by Determination of a Severe and Imminent Threat to Pupil Health or Safety issued pursuant to this article except that the charter school shall not be responsible for providing this document if the chartering authority did not provide it to the charter school as required in this section;
(2) includes evidence of the final vote of the chartering authority, if available;
(3) includes all evidence relied upon by the chartering authority in determining that a violation under section 11965(e) existed;
(4) includes minutes of any public meeting at which the chartering authority considers or makes its decision to revoke the school's charter, if available; and
(5) includes a written statement explaining why the charter school does not believe the district chartering authority's factual findings are supported by substantial evidence.
(d) If the county board of education does not issue a written decision that explains whether, in the county board of education's judgment, the district chartering authority's factual findings are supported by substantial evidence within 90 calendar days of receiving a Notice of Appeal that includes the documents listed in subdivision (c) of this section, the district chartering authority's decision is upheld, pending any further appeal.
(e) In determining whether the district chartering authority's factual findings are supported by substantial evidence, the county board of education shall consider whether the district chartering authority provided the charter school's governing body as described in the school's charter a Notice of Revocation by Determination of a Severe and Imminent Threat to Pupil Health or Safety pursuant to Education Code sections 47607(c) and (d).
(f) The county board of education shall provide the CDE and the chartering authority a copy of its written decision within 10 calendar days of its action.
(g) If the district chartering authority or the school's governing body as described in the school's charter elects to appeal to the SBE, the appellant shall approve and deliver a written Notice of Appeal to the SBE within 30 calendar days following the final decision by the county board of education, or within 30 calendar days upon the expiration of 90 calendar days pursuant to subdivision (d) of this section, or within 30 calendar days of a county chartering authority's Final Decision.
(h) The appellant shall, at the same time it delivers a Notice of Appeal to the SBE, deliver to the SBE the following documents that shall be individually and sequentially numbered, one number per page, and be delivered to the respondent and the county board of education, if applicable, within five calendar days of delivery to the SBE:
(1) copies of the Notice of Revocation by Determination of a Severe and Imminent Threat to Pupil Health or Safety, the Final Decision, and the Notice of Appeal delivered to the county board of education, and the county board of education's written decision, as applicable;
(2) evidence of the final vote of the chartering authority, if available;
(3) evidence relied upon by the chartering authority in determining that a violation under section 11965(e) existed; and
(4) minutes of any public meeting at which the chartering authority considers or makes its decision to revoke the school's charter, if available.
(i) At the same time the appellant submits its Notice of Appeal to the SBE, the appellant shall also submit to the SBE a written argument in the form of a brief or letter that shall be individually and sequentially numbered, one number per page; be delivered to the respondent within five calendar days of delivery to the SBE; and contain the following:
(1) a summary of the procedural and substantive facts limited to matters in the record;
(2) a summary of the arguments in support of the appellant's position that the chartering authority and/or the county board of education erred in its decision; and
(3) specific citations to the administrative record in support of each argument presented.
(j) If the respondent chooses to submit a written opposition to the SBE, it must do so within 30 calendar days of the delivery of the appellant's written argument to the SBE. This written opposition shall be in the form of a brief or letter that shall be individually and sequentially numbered, one number per page; be delivered to the appellant within five calendar days of delivery to the SBE; and contain the following:
(1) a summary of the procedural and substantive facts limited to matters in the record as submitted to the chartering authority and the county board of education, as appropriate;
(2) a summary of the arguments in support of the respondent's position that the chartering authority and/or the county board of education did not err in its decision; and
(3) specific citations to the administrative record in support of each argument presented.
(k) Within 15 calendar days of the delivery of the respondent's written opposition to the SBE, the appellant may submit to the SBE a written reply to the respondent's written opposition in the form of a brief or letter. If submitted, this written reply shall be individually and sequentially numbered, one number per page; be delivered to the respondent within five calendar days of delivery to the SBE; and contain the following:
(1) a summary of the arguments refuting the arguments raised in the respondent's opposition; and
(2) specific citations to the administrative record in support of each argument presented.
(l) If the SBE does not take action within 120 calendar days of receipt of the appellant's written argument, if submitted pursuant to subdivision (i); or within 150 days of receipt of the respondent's written opposition, if submitted pursuant to subdivision (j); or within 165 days of receipt of the appellant's written reply, if submitted pursuant to subdivision (k); whichever is later, the appellant is deemed to have exhausted its administrative remedies.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 47604.32 and 47607, Education Code.
HISTORY
1. New section filed 11-16-2011; operative 12-16-2011 (Register 2011, No. 46).
§11968.5.4. Appeal of a District Charter Revocation to a County Board of Education.
Note • History
This section establishes the procedures that a charter school and county office of education must follow if the charter school elects to appeal to a county board of education a district chartering authority's Final Decision to revoke the school's charter.
(a) Within 30 calendar days of receipt of a Final Decision revoking the school's charter, the charter school's governing body as described in the school's charter, shall approve and deliver a written Notice of Appeal to the county board of education that:
(1) Includes a copy of the Notice of Violation, Notice of Intent to Revoke and the Final Decision issued pursuant to this article except that the charter school shall not be responsible for providing these documents if the chartering authority did not provide them to the charter school as required in section 11968.5.2;
(2) Includes evidence of the final vote of the chartering authority, if available;
(3) Includes all evidence relied upon by the chartering authority in determining whether substantial evidence existed that the charter school failed to remedy one or more violations identified in the Notice(s) of Violation;
(4) Includes all evidence and correspondence submitted by the charter school's governing body as described in the school's charter in response to the chartering authority's Notice of Violation and Notice of Intent to Revoke;
(5) Includes minutes of any public meeting at which the chartering authority considers or makes its decision to revoke the school's charter, if available;
(6) Includes a written statement explaining why the charter school does not believe the district chartering authority's factual findings are supported by substantial evidence; and
(7) Identifies any procedural omissions or errors the charter school alleges to have occurred in the revocation process.
(b) If the county board of education does not issue a written decision that explains whether, in the county board of education's judgment, the district chartering authority's factual findings are supported by substantial evidence within 90 calendar days of receiving a Notice of Appeal that includes the documents listed in subdivision (a) of this section, the district chartering authority's decision is upheld, pending any further appeal.
(1) In determining whether the district chartering authority's factual findings are supported by substantial evidence, the county board of education shall consider whether the district chartering authority provided the charter school's governing body as described in the school's charter a Notice of Violation, a reasonable opportunity to remedy the identified violation(s), a Notice of Intent to Revoke, a public hearing, and Final Decision, pursuant to Articles 2 and 2.5 and Education Code sections 47607(c) through (e), inclusive.
(2) If the charter school submits a response to the Notice of Violation pursuant to section 11968.5.2(c), the county board of education shall, in determining whether the district chartering authority's factual findings are supported by substantial evidence, consider whether the charter school complied with the procedures set forth in that section.
(3) The county board of education shall also consider whether an alleged procedural deficiency negatively impacted the charter school's ability to refute or remedy the alleged violation or the chartering authority's ability to comply with its procedural obligations or authorizing duties.
(c) The county board of education shall provide the CDE and the chartering authority a copy of its written decision within 10 calendar days of its action.
(d) An appeal to a county board of education of a Notice of Revocation by Determination of a Severe and Imminent Threat to Pupil Health or Safety is subject to section 11968.5.3 rather than this section.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 47604.32 and 47607, Education Code.
HISTORY
1. New section filed 11-16-2011; operative 12-16-2011 (Register 2011, No. 46).
§11968.5.5. Appeal of Charter Revocation to the State Board of Education and Submission of the Administrative Record.
Note • History
(a) If the district chartering authority or the charter school's governing body as described in the school's charter elects to appeal to the SBE, the appellant shall approve and deliver a written Notice of Appeal to the SBE within 30 calendar days of receiving a written decision by the county board of education, within 30 calendar days upon the expiration of 90 calendar days pursuant to section 11968.5.4(b), or within 30 calendar days of a county chartering authority's Final Decision.
(b) The appellant shall, at the same time it delivers a Notice of Appeal to the SBE, deliver to the SBE the following documents that shall be individually and sequentially numbered, one number per page, and be delivered to the respondent and the county board of education, if applicable, within five calendar days of delivery to the SBE:
(1) copies of the Notice of Violation, Notice of Intent to Revoke, the Final Decision, the Notice of Appeal to the county board of education, and the county board of education's written decision, as applicable;
(2) evidence of the final vote of the chartering authority if available;
(3) evidence relied upon by the chartering authority in determining whether substantial evidence existed that the charter school failed to refute to the chartering authority's satisfaction or remedy one or more violations identified in the Notice(s) of Violation;
(4) evidence and correspondence submitted by the charter school's governing body as described in the school's charter in response to the chartering authority's Notice of Violation and Notice of Intent to Revoke; and
(5) minutes of any public meeting at which the chartering authority considers or makes its decision to revoke the school's charter if available.
(c) At the same time the appellant submits its Notice of Appeal to the SBE, the appellant shall also submit to the SBE a written argument in the form of a brief or letter that shall be individually and sequentially numbered, one number per page; be delivered to the respondent within five calendar days of delivery to the SBE; and contain the following:
(1) a summary of the procedural and substantive facts limited to matters in the record;
(2) a summary of the arguments in support of the appellant's position that the chartering authority and/or the county board of education erred in its decision; and
(3) specific citations to the administrative record in support of each argument presented.
(d) If the respondent chooses to submit a written opposition to the SBE, it must do so within 30 calendar days of the delivery of the appellant's written argument to the SBE. This written opposition shall be in the form of a brief or letter that shall be individually and sequentially numbered, one number per page; be delivered to the appellant within five calendar days of delivery to the SBE; and contain the following:
(1) a summary of the procedural and substantive facts limited to matters in the record as submitted to the chartering authority and the county board of education, as appropriate;
(2) a summary of the arguments in support of the respondent's position that the chartering authority and/or the county board of education did not err in its decision; and
(3) specific citations to the administrative record in support of each argument presented.
(e) Within 15 calendar days of the delivery of the respondent's written opposition to the SBE, the appellant may submit to the SBE a written reply to the respondent's written opposition in the form of a brief or letter. If submitted, this written reply shall be individually and sequentially numbered, one number per page; be delivered to the respondent within five calendar days of delivery to the SBE; and contain the following:
(1) a summary of the arguments refuting the arguments raised in respondent's opposition; and
(2) specific citations to the administrative record in support of each argument presented;
(f) If the SBE does not take action within 120 calendar days of receipt of the appellant's written argument, if submitted pursuant to subdivision (c); or within 150 days of receipt of the respondent's written opposition, if submitted pursuant to subdivision (d); or within 165 days of receipt of the appellant's written reply, if submitted pursuant to subdivision (e); whichever is later, the appellant is deemed to have exhausted its administrative remedies.
(g) An appeal to the SBE of a Notice of Revocation by Determination of a Severe and Imminent Threat to Pupil Health or Safety is subject to section 11968.5.3 rather than this section.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 47607, Education Code.
HISTORY
1. New section filed 11-16-2011; operative 12-16-2011 (Register 2011, No. 46).
§11969. Numbering of Charter School Petitions. [Renumbered]
Note • History
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 47602, Education Code.
HISTORY
1. New section filed 4-9-99 as an emergency; operative 4-9-99 (Register 99, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-9-99 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-9-99 order transmitted to OAL 6-30-99 and filed 8-11-99 (Register 99, No. 33).
3. Repealer and new section filed 6-22-2005; operative 6-22-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 25).
4. Renumbering and amendment of section 11969 to section 11968.1 filed 11-16-2011; operative 12-16-2011 (Register 2011, No. 46).
§18224.2. Receipt of Notification of Temporary Suspension or License Revocation from Resource and Referral Program. Notification of Parents and Facilities.
Note • History
(a) When an Alternative Payment program is notified by the Resource and Referral program that a licensed child care facility's license has been temporarily suspended or revoked, the Alternative Payment program shall do the following within two business days of receiving the notification:
(1) Terminate payment to the licensed child care facility for services provided as of the effective date of the temporary suspension or license revocation. The facility will be reimbursed for services provided prior to that date;
(2) Notify the licensed child care facility and the parents funded by the Alternative Payment program and enrolled in the facility in writing that the payment has been terminated and the reason for the termination; and
(b) To extent feasible, the Alternative Payment program shall provide the notice to the parent in the primary language of the parent.
(c) The Alternative Payment program shall document action taken pursuant to subdivisions (1) and (2) above. The Alternative Payment program shall retain the documentation and make it available to the California Department of Education upon request.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8212 and 8220, Education Code; and Sections 1596.773 and 1596.886, Health and Safety Code.
HISTORY
1. New article 2.5 (sections 18224.2-18224.4) and section filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-6-2005 order, including amendment of article heading, section heading and section, transmitted to OAL 8-30-2005 and filed 10-11-2005 (Register 2005, No. 41).
§18224.4. Receipt of Notification of Probationary Status of Facility from Resource and Referral Program. Notification of Parents and Facilities.
Note • History
(a) The regulations contained in this Subchapter apply to providers already on probation as of January 1, 2005, and to providers that are placed on probation on or after January 1, 2005.
(b) When an Alternative Payment program is notified by the Resource and Referral program that a facility has been placed on probation, the Alternative Payment program shall provide, within two business days, written notice to the parents funded by the Alternative Payment program and enrolled in the facility that the facility has been placed on probation and that the parents have an option to make different child care arrangements or may remain with the facility without risk of subsidy payments being terminated.
(c) To extent feasible, the Alternative Payment program shall provide the notice to the parent in the primary language of the parent.
(d) The Alternative Payment program shall document notification provided pursuant to subdivision (b) above. The Alternative Payment program shall retain the documentation and make it available to the California Department of Education upon request.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8212, Education Code; and Section 1596.773, Health and Safety Code.
HISTORY
1. New section filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-6-2005 order, including amendment of section heading and section, transmitted to OAL 8-30-2005 and filed 10-11-2005 (Register 2005, No. 41).
Article 3. Services and Payments
§11969.1. Purpose and Stipulation.
Note • History
(a) This article governs provision of facilities by school districts to charter schools under Education Code section 47614.
(b) If a charter school and a school district mutually agree to an alternative to specific compliance with any of the provisions of this article, nothing in this article shall prohibit implementation of that alternative, including, for example, funding in lieu of facilities in an amount commensurate with local rental or lease costs for facilities reasonably equivalent to facilities of the district.
NOTE
Authority cited: Sections 33031 and 47614, Education Code. Reference: Section 47614, Education Code.
HISTORY
1. New article 3 (sections 11969.1-11969.9) and section filed 7-30-2002; operative 8-29-2002 (Register 2002, No. 31).
2. Amendment of section heading, section and Note filed 2-28-2008; operative 3-29-2008 (Register 2008, No. 9).
3. Amendment of Note filed 11-16-2011; operative 12-16-2011 (Register 2011, No. 46).
§18225. Plan for Continuity of Service and Expenditures.
Note • History
The contractor shall develop and implement a plan to ensure that services are provided to families enrolled in the program continuously throughout the contract period.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8203, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Editorial correction of printing error restoring article 3 heading (Register 91, No. 29).
§18226. Plan for Provider Payments.
Note • History
The contractor shall develop and implement a plan for timely payment to providers. The plan shall include a description of parent fee collection methods in accordance with the policy required by Section 18221 (h) of this Division.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8203 and 8261, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18228. Offset of Parent Fees Paid to Providers.
Note • History
(a) If the contractor's policy allows parents to make direct payments of their fees to the provider, the provider shall submit a copy of the parent's receipt to the contractor.
(b) The contractor shall offset the amount of the fee paid by the parent in calculating the payment due to the provider.
(c) The contractor shall report the amount of fee collected and retained by the provider as “income” on the attendance and expenditure reports as specified in Section 18068 of this Division.
(d) The contractor shall report its payment to the provider along with the amount of fees paid directly by the parent which serve in lieu of payment from the contractor to the provider as “expense” on the attendance and expenditure reports as specified in Section 18068 of this Division.
NOTE
Authority cited: Sections 8261 and 8269, Education Code, Reference: Sections 8261 and 8265, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18229. Basic Data File; Receipt of Supportive Services.
Note • History
The documents required by Education Code Section 8266.5 shall be maintained in the family's basic data file.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8266.5, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50) .
Article 4. Records
§18230. Records on File Concerning In-Home Service Providers.
Note • History
If the contractor's policies allow payment for in-home care, the contractor shall maintain in its file the following records concerning in-home care providers:
(a) A description of the caregiver's qualifications and work experience obtained during a personal interview with the care-giver.
(b) A declaration by the care giver that he or she is in good health.
(c) A signed statement from the parent verifying that the parent has interviewed and approved of the caregiver.
(d) A California driver's license number or other valid and recognized form of identification to verify that the caregiver is at least eighteen (18) years of age.
NOTE
Authority cited: Sections 8261 and 8269, Education Code. Reference: Section 8203, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Editorial correction of printing error restoring article 4 heading (Register 91, No. 29).
§18231. Records on File Concerning Service Providers.
Note • History
The contractor shall maintain in its files the following records concerning each service provider:
(a) A statement of the service provider's current fees with information regarding the provider's usual and customary services provided for those fees;
(b) A statement signed by the provider that the child care and development services being provided do not include religious instruction or worship;
(c) A document that contains the rate and schedule of payment for approved services that is signed by both the service provider and the contractor;
(d) A copy of the facility license that shows the authorized capacity of the facility;
(e) The name, address and telephone number of the service provider; and
(f) The age group(s) served by the provider.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8261 and 8266.5, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
Subchapter 11. Resource and Referral Program
Article 1. Scope of Subchapter
§18240. Scope of Subchapter: Applicable Regulations.
Note • History
(a) The regulations contained in this subchapter shall apply only to contractors funded to provide Resource and Referral Program services.
(b) Except as otherwise provided in this chapter, contractors funded to provide Resource and Referral Program services shall also comply with regulations contained in subchapters 1, 2, and 15 in whole and sections 18271(a), (c), 18274, 18277 and 18279 of subchapter 12 of this chapter.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8212, 8213 and 8226, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Editorial correction of printing error restoring subchapter 11 and article 1 headings (Register 91, No. 29).
3. Amendment of article heading, section heading, section and Note filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 5-6-2005 order transmitted to OAL 8-30-2005 and filed 10-11-2005 (Register 2005, No. 41).
Note • History
(a) “Probation” means the period of time that a licensed child care facility is required to comply with specific terms and conditions set forth by the California Department of Social Services in order to stay or postpone revocation of the facility's license.
(b) “Revocation” means an administrative action taken by the California Department of Social Services to void or rescind the license of a child care facility because of serious or chronic violations of licensing laws or regulations by the facility.
(c) “Temporary suspension” means an administrative action taken by the California Department of Social Services that immediately suspends a facility license.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8212 and 8226, Education Code; and Sections 1596.773, 1596.885 and 1596.886, Health and Safety Code.
HISTORY
1. New section filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-6-2005 order, including amendment of subsection (c), transmitted to OAL 8-30-2005 and filed 10-11-2005 (Register 2005, No. 41).
Article 2. Resource and Referral Service
Note • History
(a) The contractor shall identify in its application for funding the specific geographical area in which the contractor proposes to operate referral services.
(b) The proposed service area shall be approved by the Child Development Division.
(c) The contractor shall not provide resource and referral services outside of its approved service area.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8212, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Editorial correction of printing error restoring article 2 heading (Register 91, No. 29).
§18242. No Fees Charged for Referral Services.
Note • History
The contractor shall not charge a fee for resource and referral services funded by the California Department of Education except for the recovery of printing and duplication costs, the costs of damaged or lost materials from the lending library or late fees. This does not preclude contractors from entering into separate contracts for resource and referral services with other entities such as cities, counties or private industry which may allow for the collection of fees for the service provided.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8214, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§18243. Resources Available for Service Providers.
Note • History
The contractor shall contact each licensed facility in the contractor's service area at least annually to inform the provider of the available resources provided by the contractor.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8212 and 8214, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18244. Written Referral Policies.
Note • History
(a) The contractor shall develop and implement written referral policies.
(b) The written referral policies shall include the following information:
(1) A statement that referral services are available to all persons requesting them regardless of income level or other eligibility requirements;
(2) A statement that information received from the parent(s) is confidential; and
(3) The conditions under which referrals to a provider may be discontinued.
(c) The written referral policies shall be available to parents and providers upon request.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8212 and 8214, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Change without regulatory effect correcting formatting errors filed 10-11-2005 (Register 2005, No. 41).
§18245. Maximizing Parental Choice.
Note • History
The contractor shall assist parents in choosing child care services by providing parents with the following:
(a) Information regarding how to select child care services which will meet the needs of the parent(s) and the child(ren).
(b) A range of possible child care alternatives from which the parents may choose.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8212 and 8214, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18246. Confidentiality of Information.
Note • History
The use or disclosure of information pertaining to the child or the child's family shall be restricted to purposes directly related to the administration of the program. Data collection and dissemination of information shall be handled in such a manner as to ensure confidentiality of the names and addresses of individual clients.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8203 and 8261, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
Note • History
(a) The contractor shall develop and implement written complaint procedures which specify:
(1) The procedures for the documentation and resolution of complaints; and
(2) The procedures for referring reports of licensing violations to appropriate agencies.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8203 and 8212, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18248. Removal from Referral List; Notification of Temporary Suspension, License Revocation, or Probation.
Note • History
(a) If the contractor is notified by the California Department of Social Services that a child care facility has been issued a temporary suspension order, had its license revoked, or has been placed on probation, the contractor shall, within two business days:
(1) Remove that facility from the referral list;
(2) Notify the following entities within the contractor's jurisdiction that a particular facility has been given a temporary suspension, had its license revoked, or has been placed on probation:
(A) Alternative Payment programs that operate under article 3 of the Education Code, commencing with section 8220;
(B) CalWORKs child care and development programs that operate under article 15.5 of the Education Code, commencing with section 8350, including county welfare departments that operate child care and development programs for families participating in CalWORKs Stage 1.
(3) The contractor shall notify the facility in writing that referrals have been discontinued. The notice shall include the reason(s) for the decision and shall inform the facility of the California Department of Social Services' process for appealing.
(b) The contractor shall document action taken pursuant to subdivision (a) above. The contractor shall retain the documentation and make it available to the California Department of Education upon request.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8203, 8212 and 8226, Education Code; and Section 1596.853, Health and Safety Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of section heading, repealer and new section and amendment of Note filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-6-2005 order, including amendment of section heading and section, transmitted to OAL 8-30-2005 and filed 10-11-2005 (Register 2005, No. 41).
§18249. Reinstatement of Provider or Facility at Conclusion of Probation or Temporary Suspension.
Note • History
(a) The California Department of Social Services shall notify the contractor of the final resolution of any action about which notification is provided pursuant to section 18248(a) above.
(b) When the California Department of Social Services informs the contractor that the facility is no longer on probation, or that the temporary suspension of the facility license has been lifted without revocation, the contractor shall return the facility to the referral list within two business days and resume referrals to that facility, except when the facility is subject to conditions under which referrals to the facility may be discontinued, pursuant to section 18244(b)(3).
(c) The contractor shall document action taken pursuant to subdivisions (a) and (b) above. The contractor shall retain the documentation and make it available to the California Department of Education upon request.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8212 and 8226, Education Code; and Section 1596.853, Health and Safety Code.
HISTORY
1. New section filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-6-2005 order, including amendment of section, transmitted to OAL 8-30-2005 and filed 10-11-2005 (Register 2005, No. 41).
Subchapter 12. Program Quality
Article 1. Scope of Chapter
Note • History
Except as otherwise provided in this division, all contractors shall comply with the requirements of this chapter.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8203, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Editorial correction of printing error restoring subchapter 12 and article 1 headings (Register 91, No. 29).
Note • History
(a) “Agency Self-Evaluation Report” is a form issued by the department in February 2002, that is incorporated by reference.
(b) “Developmental profile” means a record of a child's physical, cognitive, social, and emotional development that is used to inform teachers and parents about a child's developmental progress in meeting desired results. In center-based programs, teacher and parent observations shall be included as part of the information used to complete the child's developmental profile. In family child care home networks, the observations of agency staff, in consultation with providers, and parents shall be included as part of the information used to complete the child's developmental profile.
(c) “Desired Results Developmental Profile” is a document issued by the department February 28, 2002 to record the information in the developmental profile defined in subsection 18270.5(b), that is incorporated by reference.
(d) “Desired Results Parent Survey” is a document issued by the department in June 2000, that is incorporated by reference.
(e) “Education program” means the environment, activities, and services provided to the children.
(f) “Environment rating scale” means an instrument that measures program quality by rating the education program as defined in Section 18273, the staff development program as defined in Section 18274, and parent involvement and education as defined in Section 18275. Environment rating scales include one or more of the following:
(1) “ECERS-R” means the document entitled, Early Childhood Environment Rating Scale, Revised Edition, 1998, that is incorporated by reference.
(2) “ITERS” means the document entitled, Infant-Toddler Environment Rating Scale, 1990, that is incorporated by reference.
(3) “FDCRS” means the document entitled, Family Day Care Rating Scale, 1989, that is incorporated by reference.
(4) “SACERS” means the document entitled, School-Age Care Environment Rating Scale, 1996, that is incorporated by reference.
(g) “Parent involvement and education” means those activities specifically designed to include parents in the education of their children, help parents participate in the program, and enhance their understanding of child development.
(h) “Parent survey” means a questionnaire completed by the parent to assess the child care program or services that the child and family receive. The parent survey asks for information about how the program helps parents support their child's learning and development and meets the family's needs.
(i) “Program self-evaluation process” means those activities and procedures used by the contractor to evaluate its program quality and compliance with applicable laws, regulations, and contractual provisions.
(j) “Staff development program” means those activities that address the needs, interests, and skills of program staff or service providers to improve program quality.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8203 and 8261, Education Code.
HISTORY
1. New section filed 9-23-2003; operative 9-23-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 39).
Article 2. General Program Requirements
§18271. Program Philosophy, Goals and Objectives.
Note • History
(a) Each contractor shall have a written philosophical statement and goals and objectives which support that philosophy. The governing body of each contractor shall approve the program philosophy, goals and objectives.
(b) The goals and objectives shall address the requirements contained in all of the sections in this article.
(c) The goals and objectives shall reflect the cultural and linguistic characteristics of the families served by the contractor.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8203 and 8261, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Editorial correction of printing error restoring article 2 heading (Register 91, No. 29).
§18272. Developmental Profile.
Note • History
(a) Center-based and Family Child Care Home Education Network contractors shall complete the age-appropriate Desired Results Developmental Profile, as defined in subdivision 18270.5(c) of this chapter, for each child who is enrolled in the program for at least 10 hours per week.
(b) The Desired Results Developmental Profile required in subdivision (a) shall be completed for each child within 60 calendar days of enrollment and at least once every six months for infants, toddlers, preschoolers and school-age children.
(c) The contractor shall use the developmental profiles to plan and conduct age and developmentally appropriate activities.
(d) If a child has exceptional needs, the developmental profile shall be completed with any necessary accommodations and adaptations. Notwithstanding subdivision (a), a developmental profile is required for a child with exceptional needs even if that child is enrolled less than 10 hours per week.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8203, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment filed 9-23-2003; operative 9-23-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 39).
3. Amendment filed 7-16-2008; operative 8-15-2008 (Register 2008, No. 29).
Note • History
(a) The standards for the child development and education program component shall include, but are not limited to, the following:
(1) The program approach is developmentally, linguistically, and culturally appropriate.
(2) The program is inclusive of children with special needs.
(3) The program encourages respect for the feelings and rights of others.
(4) The program supports children's social and emotional development by:
(A) Building trust;
(B) Planning routines and transitions so they can occur in a timely, predictable, and unhurried manner; and
(C) Helping children develop emotional security and facility in social relationships.
(5) The program provides for the development of each child's cognitive and language skills by:
(A) Using various strategies, including experimentation, inquiry, observation, play, and exploration;
(B) Ensuring opportunities for creative self-expression through activities such as art, music, movement, and dialogue;
(C) Promoting interaction and language use among children and between children and adults; and
(D) Supporting emerging literacy and numeracy development.
(6) The program promotes each child's physical development by providing sufficient time, indoor and outdoor space, equipment, materials, and guidelines for active play and movement.
(7) The program promotes and maintains practices that are healthy and safe.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8203, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Editorial correction of printing error in subsection (c) (Register 91, No. 29).
3. Repealer and new section filed 9-23-2003; operative 9-23-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 39).
§18274. Staff Development Program.
Note • History
Each contractor shall develop and implement a staff development program that includes the following:
(a) Identification of training needs of staff or service providers;
(b) Written job descriptions;
(c) An orientation plan for new employees;
(d) An annual written performance evaluation procedure unless a different frequency of performance evaluations is specified in a contractor's collective bargaining agreement with their employees;
(e) Staff development opportunities that include topics related to the functions specified in each employee's job description and those training needs identified by the contractor pursuant to subsection (a) of this section.
(f) An internal communication system that provides each staff member with the information necessary to carry out his or her assigned duties.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8203, 8208, 8244, 8261 and 8360.1, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of first paragraph, subsection (e) and Note filed 9-23-2003; operative 9-23-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 39).
§18275. Parent Involvement and Education.
Note • History
(a) Each contractor shall include in its program a parent involvement and education component.
(b) The parent involvement and education component shall include the following:
(1) An orientation for parents that includes topics such as program philosophy, program goals and objectives, program activities, eligibility criteria and priorities for enrollment, fee requirements, and due process procedures;
(2) At least two (2) individual conferences with the parent(s) per year. For school age programs, such conferences may be informal;
(3) Parent meetings with program staff,
(4) An open door policy that encourages parents to participate in the daily activities whenever possible; and
(5) A parent Advisory Committee that advises the contractor on issues related to services to families and children.
(c) Sharing information between staff and parents concerning their child's progress.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8203 and 8261, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment filed 9-23-2003; operative 9-23-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 39).
§18276. Health and Social Services.
Note • History
(a) Each contractor shall include in its program a health and social service component that:
(1) Identifies the needs of the child and the family for health or social services;
(2) Refers a child and/or family to appropriate agencies in the community based on the health or social service needs; and
(3) Conducts follow-up procedures with the parent to ensure that the needs have been met.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8203 and 8261, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18277. Community Involvement.
Note • History
Each contractor shall include in its program a community involvement component which shall include, but not be limited to, the following:
(a) Each contractor shall solicit support from the community. This includes the solicitation of donated goods and services.
(b) Providing information to the community regarding the services available. Contractors may utilize media or other forms of communication in the community.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8203 and 8261, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Editorial correction of printing error (Register 91, No. 29).
Note • History
(a) Each contractor shall include in its program a nutrition component that ensures that the children have nutritious meals and snacks during the time in which they are in the program.
(b) The meals and snacks shall be culturally and developmentally appropriate for the children being served and shall meet the nutritional requirements specified by the federal Child Care Food or the National School Lunch program.
NOTE
Authority cited: Section 8261, Education Code. Reference; Sections 8203 and 8261, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18279. Program Self-Evaluation Process.
Note • History
(a) Each contractor shall develop and implement an annual plan for its program self-evaluation process.
(b) The annual plan shall include the following:
(1) A self-evaluation based on the use of the CCR, as defined in subsection 18023(a)(2) of this Chapter.
(2) An assessment of the program by parents using the Desired Results Parent Survey, as defined in subsection 18270.5(d) of this Chapter.
(3) An assessment of the program by staff and board members as evidenced by written documentation.
(4) An analysis of the CCR findings, including the Desired Results Developmental Profiles, the environment rating scales, and the Desired Results Parent Survey, each of which are defined in Section 18270.5 of this Chapter; together with all other self-evaluation findings.
(5) A written list of tasks needed to modify the program in order to address all areas that need improvement, as indicated in the analysis specified in subsection (b)(4).
(6) Procedures for the ongoing monitoring of the program to assure that areas of the program that are satisfactory continue to meet standards, and areas requiring modification pursuant to subsection (b)(5) are addressed in a timely and effective manner.
(c) The contractor shall use the Agency Self-Evaluation Report, as defined in subsection 18270.5(a) of this Chapter, to submit a summary of the findings of the program self-evaluation to the California Department of Education by June 1 of each year.
(d) The contractor shall modify its program to address any areas identified during the self-evaluation as needing improvement.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8203 and 8261, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of section heading and section filed 9-23-2003; operative 9-23-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 39).
Note • History
(a) Each contractor shall annually distribute the Desired Results Parent Survey, as defined in subsection 18270.5(d) of this Chapter, to parents; collect the surveys from parents; and analyze the results.
(b) The contractor shall use the parent survey results to plan and conduct activities to help parents support their child's learning and development and to meet the family's needs.
(c) The contractor shall use the results and analysis of the parent survey as part of its annual self-evaluation process.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8203, Education Code.
HISTORY
1. New section filed 9-23-2003; operative 9-23-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 39).
§18281. Environment Rating Scales.
Note • History
(a) Center-based programs and family child care home networks shall complete an environment rating scale as defined in subsection 18270.5(f) of this Chapter, that is appropriate for the type of setting and age of children served, to measure program quality:
(1) Every three (3) years as part of the program compliance review; and
(2) Annually as part of the self-evaluation process.
(b) For each environment rating scale completed, the contractor shall achieve a minimum average score of “Good” on each subscale.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8203, Education Code.
HISTORY
1. New section filed 9-23-2003; operative 9-23-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 39).
Subchapter 13. Staffing Ratios
§18290. Staffing Ratios for Child Care and Development Programs.
Note • History
Contractors shall maintain at least the following minimum ratios in all centers:
(a) Infants (birth to 18 months old)-1:3 adult-child ratio, 1:18 teacher-child ratio.
(b) Toddlers (18 months to 36 months old)-1:4 adult-child ratio, 1:16 teacher-child ratio.
(c) Preschool (36 months to enrollment in kindergarten-1:8 adult-child ratio, 1:24 teacher child ratio.
(d) Children enrolled in kindergarten through 14 years old-1:14 adult-child ratio, 1:28 teacher-child ratio.
(e) Compliance with these ratios shall be determined based on actual attendance.
NOTE
Authority cited: Section 8288, Education Code. Reference: Section 8288, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Editorial correction of printing error restoring subchapter 13 heading (Register 91, No. 29).
§18291. Commingling of Age Categories.
Note • History
(a) Whenever groups of children of two (2) age categories are commingled and the younger age group exceeds fifty percent (50%) of the total number of children present, the ratios for the entire group must meet the ratios required for the younger age group.
(b) If the younger age group does not exceed fifty percent (50%) of the total number of the children present, the teacher-child and adult-child ratios shall be computed separately for each group.
NOTE
Authority cited: Section 8288, Education Code. Reference: Section 8288, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18292. Staffing Ratio Variance.
Note • History
Except as otherwise provided in this Division or Title 22 California Code of Regulations, Community care Licensing Standards the program may exceed teacher-child and adult-child ratios prescribed by Section 18290 by fifteen percent (15%) for a period of time not to exceed one hundred twenty (120) minutes in any one day.
NOTE
Authority cited: Section 8288, Education Code. Reference: Section 8288, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
Subchapter 14. Waiver of Qualifications for Site Supervisor
§18295. Waiver of Qualifications for Site Supervisor; Conditions.
Note • History
(a) The Child Development Division shall grant a waiver of Education Code section 8208(z) upon a contractor's demonstration of the existence of compelling need. Factors the Child Development Division shall consider in determining compelling need are as follows:
(1) Evidence that the contractor's recruitment efforts have not be successful in obtaining qualified applicants;
(2) Evidence of the contractor's inability to offer competitive salaries;
(3) Evidence of potential or current staffs lack of reasonable access to training resources which offer required course work.
(b) A waiver may be granted if the contractor can provide evidence of either (a)(1), (2) or (3) of this section.
(c) Waivers granted shall remain in effect for the period of time specified by the Child Development Division.
(d) The site supervisor shall, at a minimum, meet the qualifications specified in title 22 California Code of Regulations, Community Care Licensing Standards for “program director.”
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8208(z) and 8287, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Editorial correction of printing error restoring subchapter 14 heading (Register 91, No. 29).
Subchapter 15. Appeal and Dispute Resolution Procedures
Note • History
The regulations in this Chapter apply to all agencies contracting with the California Department of Education for provision of services pursuant to the Child Care and Development Services Act Chapter 2 Part 6 of Title 1 of the California Education Code (commencing with section 8200).
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8401 and 8402, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§18301. Termination, Suspension, and Major Reductions in Contract.
Note • History
(a) Pursuant to the requirements of Education Code sections 8400 through 8409, an independent appeal procedure shall be available to any contractor whose contract is terminated or suspended, or whose total reimbursable contract amount is reduced by four percent (4%) or $25,000, whichever is less.
(b) Such appeals shall be heard by independent hearing officers in accordance with procedures established by the Office of Administrative Hearings as specified in Title I California Code of Regulations, Sections 201 through 207.
(c) Termination or suspension of a contract during the contract period may occur when:
(1) A contractor fails to correct items of fiscal or programmatic noncompliance within six (6) months of receiving a conditional contract which includes an addendum stating the specific items of noncompliance and the corrective actions necessary to come into compliance; or
(2) A contractor engages in serious misconduct posing an immediate threat to health and safety or to State funds for any of the reasons listed in Education Code section 8406.7; or
(3) A contractor fails or refuses to make available for examination or copying by an authorized employee of the Department any records or documents that the contractor is required to retain pursuant to this Division, upon a request by that employee to examine or copy such records or documents; or
(4) A contractor refuses to permit an authorized employee of the Department to enter a facility operated by the contractor during the days and/or hours of operation on file with the Department, for the purpose of reviewing administrative operations of the contractor or for observing child care and development services provided by the contractor pursuant to this Division.
(d) Any action by the Child Development Division to terminate or suspend a contract or to reduce the total reimbursable contract amount, as stated in Education Code section 8402(a) through (c), shall be preceded by a notice stating the specific reasons for the action and describing the contractor's appeal rights.
(e) Unless the termination or suspension is for reason(s) specified in Subsection (c) (2) above, the contractor may continue to operate during the appeal process.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8400-8409, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of section heading, section and Note filed 10-21-2002 as an emergency; operative 10-21-2002 (Register 2002, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-18-2003 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-21-2002 order transmitted to OAL 1-10-2003 and filed 2-24-2003 (Register 2003, No. 9).
§18302. Contractor's Responsibility After Notice of Termination or Notice of Decision to Make No Offer of Continued Funding.
Note • History
After receiving notice of the Child Development Division's decision to terminate the contract or to make no offer of continued funding, the contractor shall submit copies to or make available for copying by the Child Development Division all of the following:
(a) A current inventory of equipment purchased in whole or in part with contract funds;
(b) The names, addresses and telephone numbers of all families served by the contract, all staff members funded by the contract; and
(c) Monthly enrollment and attendance reports until the contract is actually terminated or until the final month for which the contractor retains a contract.
(d) Family child care home contractors and Alternative Payment programs shall also submit the names, addresses and telephone numbers of all providers of subsidized services under the contract.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8261 and 8402, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of section heading, section and Note filed 6-5-2001 as an emergency; operative 6-5-2001 (Register 2001, No. 23). A Certificate of Compliance must be transmitted to OAL by 10-3-2001 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-5-2001 order transmitted to OAL 10-2-2001 and filed 11-6-2001 (Register 2001, No. 45).
§18303. Administrative Review of Changes in Contract Status.
Note • History
(a) Contract performance shall be reviewed at least annually by Child Development Division (CDD) staff who shall determine by April 1 of each year whether to offer continued funding on a clear contract, continued funding on a conditional basis or to make no offer of continued funding.
(b) If the staff recommends conditional status or no offer of continued fund-ing, the contractor shall be notified in writing of the reasons for the proposed change in contract status by April 7. The notice of proposed action shall be sufficiently specific to allow the contractor to respond to the factual basis for the proposed action.
(c) if the contractor disagrees with the proposed action:
(1) The contractor's response shall be received by the CDD within ten calendar days of receipt of the notice of proposed action;
(2) The contractor's response shall include any written materials in support of its position; and
(3) If the contractor intends to make an oral presentation, the response shall so specify.
(d) If the action is being appealed, the staff recommendation and the contractor's response shall be reviewed by an administrative review panel convened by the Director of the CDD within seven calendar days of receipt of the contractor's response. The review panel will consist of representatives of CDD management and the California Department of Education's (CDE) Local Assistance Bureau, Legal Office, Office of External Audits and Contracts Office and a representative of a child care and development service provider familiar with the type(s) of program(s) operated by the contractor. Upon review of the written submissions, the panel will do one of the following:
(1) Issue a final decision holding or modifying the proposed change in status if no oral presentation has been requested; or
(2) Schedule a time and place for an oral presentation by the contractor.
(3) Issue a final decision to not change the contract status.
(e) If an oral presentation has been requested, the contractor will be notified by telephone of the time and place of the presentation. The oral presentation will be scheduled no later than fourteen calendar days from receipt of the contractor's response.
(f) At the oral presentation, the contractor or the contractor's representative will have an opportunity to explain any material submitted in its response. While the contractor may present any information or arguments that are relevant to the proposed action, the review panel may set reasonable limits on the scope of the presentation.
(g) Within seven calendar days after the oral presentation, the review panel shall issue and mail to the contractor a decision upholding, reversing or modifying the proposed change in contract status. The decision of the review panel shall be the final action of the CDE with regard to that contract.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8406 and 8406.6, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§18304. Conditional Status Imposed During the Contract Period.
Note • History
(a) If the contractor demonstrates fiscal or programmatic noncompliance during the contract period, based on such information as an annual audit report, a contract compliance review, a program quality review, or a change in licensing status, the Child Development Division may place the contract on conditional contract status for the remainder of the contract period.
(b) The contractor shall receive notice and may request an administrative review of the proposed action as set forth in Section 18303 of this Division, in the event such a change in contract status is recommended by staff of the Child Development Division.(c) if the contract is placed on conditional status during the last ninety (90) days of the contract period and the contractor is offered continued funding, the contract for the subsequent contract period will also be on conditional status.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8406.6, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
§18305. Conditional Status Addendum.
Note • History
A conditional status contract shall contain a bill of particulars specified in Education Code section 8406.6 called a Conditional Status Addendum explain-ing the contract conditions. The Addendum shall include the following:
(a) The specific item(s) of noncompliance which the contractor must correct;
(b) The specific corrective action(s) which must be taken;
(c) The time period within which the contractor must complete the corrections;
(d) Notice that failure to make required corrections will result in termination of the contract or no offer of continued funding.
(e) If the contractor is placed on conditional status during the contract period:
(1) A Conditional Status Addendum will be issued by the California Department of Education and
(2) The Conditional Status Addendum shall be considered a part of the annual child development contract and binding on the contractor.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8406.6, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Change without regulatory effect amending first paragraph and subsection (e)(1) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§18306. Monthly Reports; Inventory of Equipment.
Note • History
A contractor on conditional contract status shall submit:
(a) Monthly enrollment and attendance reports to the California Department of Education, Local Assistance Bureau.
(b) The first monthly report shall include a current inventory of equipment purchased in whole or in part with contract funds.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8406.6, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Change without regulatory effect amending subsection (a) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§18307. Duration of Conditional Contract Status.
Note • History
(a) A contractor shall remain on conditional contract status until the contractor has corrected deficiencies and/or has met requirements identified in the Conditional Status Addendum.
(b) A contractor with a repayment plan shall remain on conditional contract status until full repayment is made.
(c) A contractor on conditional contract status that is not on a repayment plan shall remain in that status until:
(1) the California Department of Education issues written notice to the contractor that the conditional status has been cleared; or
(2) the contractor is issued a clear contract; or
(3) the contract terminates according to its terms.
(d) A contractor may request written verification from the Child Development Division that some of the deficiencies have been corrected even if the contractor will not be removed from conditional contract status.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8406.6, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1 -89 (Register 88, No. 50).
2. Change without regulatory effect amending subsection (c)(1) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§18308. Resolution of Contract Administration Disputes.
Note • History
(a) The procedure specified in this section shall be used to resolve disputes between contractors and the California Department of Education (CDE) that may arise regarding the interpretation and application of any term or condition of a contract, including, but not limited to, requests for waivers, approval of subcontracts or expenditures requiring approval, requests for reimbursement rate adjustments, or reductions in the total amount of contract reimbursement that are not appealable under section 18301 of this Division.
(b) The contractor shall attempt to resolve contract disputes at the lowest staff level within the CDE.
(c) if the dispute is not resolved at the lowest staff level, the contractor may appeal the decision by submitting a written description of the issues and the basis for the dispute to the Regional Administrator of the Child Development Division (CDD) having jurisdiction over the contractor's service delivery area. The Regional Administrator shall make a determination and shall send a written notification of the decision to the contractor, together with the reasons for the decision within thirty calendar days of the receipt of the appeal by the Regional Administrator.
(d) The contractor may appeal the decision of the Regional Administrator to the Assistant Director of the CDD by submitting a written description of the issues in the dispute and a copy of the Regional Administrators decision. The Assistant Director of the CDD shall send notification of the decision to the contractor and shall specify the reason(s) for the decision within thirty calendar days of the receipt of the appeal by the Assistant Director. The decision of the Assistant Director of the CDD shall be the final administrative action afforded the contractor.
NOTE
Authority cited: Section 8261, Education Code. Reference: Section 8445, Education Code.
HISTORY
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
Chapter 19.5. CalWORKs and Child Care and Development Programs
Subchapter 1. Definitions
Article 1. General Provisions
Note • History
As used in this Chapter:
(a) “CalWORKs cash aid recipient” means a minor teen parent or adult who receives cash aid from the county welfare department for the CalWORKs or Cal-Learn program.
(b) “Child care provider” means an adult or agency that provides child care services.
(c) “Contractor” means a public or private non-profit agency that has a contract with the California Department of Education for the provision of CalWORKs Stage 2 and/or Stage 3 child care services.
(d) “Diversion services” means one-time assistance services provided by the county welfare department, either in cash or in non-cash services, to an otherwise CalWORKs eligible family, when the county welfare department determines that such assistance will help the family avoid becoming a CalWORKs cash aid recipient.
(e) “Family size” means the number of adults and children related by blood, marriage, or adoption that comprise the household in which the child is living.
(1) When an adult living in the household is neither the parent of the child nor the spouse of the parent, the adult and the adult's children if any, shall be excluded from the calculation of family size.
(2) When a child is living with adult(s) other than a natural or adoptive parent, the child shall be considered a family of one. In these cases, a need criterion as specified in Section 18406(b) or (c) or 18421(b) or (c) must be met by the caretaker of the child.
(f) “Former CalWORKs cash aid recipient” means an adult or minor teen parent who has previously received and is no longer receiving cash aid in the CalWORKs or Cal-Learn program because of, but not limited to, earnings, other income, or a sanction of the adult imposed by the county welfare department.
(g) “Incapacity” means the incapacity of a parent that significantly limits the parent's ability to provide normal care for the child because of a substantiated medical or psychiatric special need that is verified by a legally qualified professional.
(h) “Legally qualified professional” means a person who is licensed under the applicable laws and regulations of the State of California to perform medical, health, or social services for the general public.
(i) “Licensed provider” means an individual or organization that has obtained a child care license, as specified in Title 22, California Code of Regulations, Section 101156.
(j) “Maximum payment rate” means the maximum payment that may be paid to a provider and that is no more than the lower of the provider's rate for unsubsidized children or 1.5 standard deviations above the mean cost of care for the region where the care is provided.
(k) “Notice of action, application for services” means a written statement of specific information issued by the contractor that informs the applicant of the contractor's decision to approve or deny child care services.
(l) “Notice of action, recipient of services” means a written statement of specific information issued by the contractor informing the family receiving child care services that a change has been made to their service agreement. These changes may include, but are not limited to, need and eligibility requirements that are no longer being met, fees that have not been paid, or the proposed modification of the fee or amount of services provided by the contractor.
(m) “Recertification” means a formal process to collect information and documentation to determine that the family continues to meet the eligibility criteria for CalWORKs child care. The adult must certify the information as accurate with a signature.
(n) “Stage 1” means the first stage of CalWORKs child care services. Stage 1 child care services are administered by the California Department of Social Services through county welfare departments pursuant to Education Code section 8351. Stage 1 child care begins when authorized by the county welfare department.
(o) “Stage 2” means the second stage of CalWORKs child care services. Stage 2 child care services are administered by the California Department of Education through contracts with alternative payment program providers pursuant to Education Code section 8353. Stage 2 child care begins when the county welfare department determines that a CalWORKs family is stable and transfers the family to a Stage 2 child care contractor for child care services, or a family applies and is found eligible for Stage 2 services.
(p) “Stage 3” means the third stage of CalWORKs child care services. Stage 3 child care services are administered by the California Department of Education through contracts with alternative payment program providers pursuant to Education Code section 8354. Stage 3 child care begins when a CalWORKs family receiving Stage 1 or Stage 2 child care services has fully utilized the family's 24 months of eligibility to Stage 1 and Stage 2 child care services following the date the adult stopped receiving cash assistance.
(q) “State median income” means the most recent median income for California families as determined by the California Department of Finance.
(r) “Time out” means that a family receiving CalWORKs Stage 1 or Stage 2 child care services becomes ineligible for Stage 1 or Stage 2 because the adult has been off cash aid for 24 months.
(s) “Welfare-to-work activity” means a county welfare department approved activity, including but not limited to, employment, job search, job training, educational training, or participating as a volunteer in a job-related activity.
NOTE
Authority cited: Sections 8203, 8261, 8263 and 8269, Education Code. Reference: Section 8359.1, Education Code.
HISTORY
1. New chapter 19.5 (subchapters 1-3), subchapter 1 (article 1), article 1 (section 18400) and section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New chapter 19.5 (subchapters 1-3), subchapter 1 (article 1), article 1 (section 18400) and section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order, including amendment of subsections (a) and (n), transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
Subchapter 2. CalWORKs Stage 2 Child Care Program
Article 1. General Provisions
Note • History
(a) The provisions contained in this subchapter shall only apply to contractors authorized to establish, maintain, or operate alternative payment programs for CalWORKs Stage 2 child care programs as defined in Education Code section 8353.
(b) Except as otherwise provided in this subchapter, contractors funded to establish, maintain, or operate alternative payment programs for CalWORKs Stage 2 child care programs shall also comply with the regulations contained in Chapter 19, Subchapter 1 (commencing with Section 17906), Chapter 19, Subchapter 2 (commencing with Section 18012, except for Section 18017 if child care is paid with Federal funds), and Chapter 19, Subchapter 15 (commencing with Section 18300).
(c) CalWORKs Stage 2 child care services may begin when child care is available through a local Stage 2 program and one of the following occurs:
(1) The county welfare department determines that the adult's work or work activity is stable;
(2) The adult is transitioning off CalWORKs cash aid; or
(3) A family applies and is found eligible for CalWORKs Stage 2 services.
(d) Contractors administering Stage 2 programs in counties where there are multiple contractors shall coordinate services and cooperate to ensure all eligible families receive and continue to receive services. Contractors may coordinate across county boundaries so that eligible families living in the county, employed in the county, or receiving child care in the county receive and continue to receive such services.
NOTE
Authority cited: Sections 8261, 8262 and 8269, Education Code. Reference: Section 8353, Education Code.
HISTORY
1. New subchapter 2 (articles 1-8), article 1 (section 18405) and section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New subchapter 2 (articles 1-8), article 1 (section 18405) and section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
Article 2. Requirements and Procedures for Receiving CalWORKs Stage 2 Services
Note • History
(a) A family is eligible to receive CalWORKs Stage 2 child care services if all of the following conditions are met:
(1) The family is and remains income eligible. A family is income eligible if the family's adjusted monthly income based upon the family size is at or below 75% of the state median income. Adjusted monthly income is the total countable income received by members of the family included in the family size determination minus verified child support payments paid by the parent whose child is receiving child care services. Except for child support payments paid by the parent, monthly income shall not be adjusted because of voluntary or involuntary deductions.
(A) When income fluctuations occur, the adjusted income shall be computed by averaging the total adjusted income received during the previous 12 months.
(B) For families applying for Stage 2 child care pursuant to Section 18409.5, the 12-month period shall be the 12 months immediately preceding the month in which the application is signed.
(C) For families that transfer from either Stage 1 or another Stage 2 contractor, the 12-month period shall be the 12 months immediately preceding the transfer.
(D) For all other families, the 12-month period shall be the 12 months immediately preceding the month of recertification.
(E) Total countable income does not include the following:
(i) Earnings of a child under the age of 18 years;
(ii) Loans, grants, and scholarships obtained under conditions that preclude their use for current living costs;
(iii) Grants or loans to students for educational purposes made or insured by a state or federal agency;
(iv) Allowances received for uniforms or other work required clothing, food, or shelter;
(v) Income that is used for business expenses for self-employed family members; or
(vi) The income of a recipient of federal supplemental security income and state supplemental program (SSI/SSP) benefits;
(2) The adult or minor teen parent is responsible for the care of the child needing child care; and
(3) The adult or minor teen parent is:
(A) A CalWORKs cash aid recipient;
(B) A former CalWORKs cash aid recipient who received such cash aid within the last 24 months; or
(C) Determined eligible for diversion services by the county welfare department.
(b) Current CalWORKs cash aid recipients must be participating in a county welfare department CalWORKs approved welfare-to-work activity or be employed.
(c) If child care is reimbursed with state funds, the parent(s) and any other adult whose income is counted towards Stage 2 eligibility must each meet one of the following requirements:
(1) Be employed. If the parent(s) works in the home, the nature of the work must preclude the supervision of the parent's children;
(2) Be seeking employment, but not to exceed 60 working days in the fiscal year;
(3) Be participating in a job training and education program leading directly to a recognized trade, paraprofession, or profession;
(4) Be participating in job retention services as approved by the county welfare department; or
(5) Be incapacitated.
(d) If child care is reimbursed with federal funds:
(1) The parent must meet one of the following requirements:
(A) Be employed. If the parent works in the home, the nature of the work must preclude the supervision of the parent's children;
(B) Be seeking employment, but not to exceed sixty working days in the fiscal year;
(C) Be participating in a job training and education program leading directly to a recognized trade, paraprofession, or profession; or
(D) Be participating in job retention services as approved by the county welfare department.
(2) Any other adult whose income is counted towards Stage 2 eligibility must meet one of the requirements contained in Subsection (d)(1) or be incapacitated.
NOTE
Authority cited: Section 8263, Education Code. Reference: Section 8350.5, Education Code; and Section 11323.2, Welfare and Institutions Code.
HISTORY
1. New article 2 (sections 18406-18411) and section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New article 2 (sections 18406-18411) and section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order, including amendment of section, transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
Note • History
(a) A child living in the household of the eligible family pursuant to section 18406 may receive CalWORKs Stage 2 child care services if she/he is:
(1) A son or daughter of the eligible family;
(2) Receiving foster care benefits, federal Supplemental Security Income (SSI), or State Supplemental Program (SSP) benefits; or
(3) The responsibility of the adult to support and for whom the lack of child care would result in the adult not being able to work or participate in a work activity.
(b) The child must be:
(1) Under 13 years of age; or
(2) A child with exceptional needs as defined in Education Code section 8208(l).
(c) When a child's residence alternates between the homes of separated or divorced parents, eligibility, need, and fees should be determined separately for each household in which the child is residing during the time child care services are needed.
NOTE
Authority cited: Section 8263, Education Code. Reference: Sections 8208, 8250, 8350.5 and 8353, Education Code; and Section 11323.2, Welfare and Institutions Code.
HISTORY
1. New section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order, including amendment of subsection (a), transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
4. Amendment of subsections (b)-(b)(2), repealer of subsections (c)-(c)(2), subsection relettering and amendment of Note filed 11-1-2012; operative 12-1-2012 (Register 2012, No. 44).
Note • History
(a) Notwithstanding Section 18406(a)(1), families receiving CalWORKs cash aid are categorically eligible pursuant to Education Code section 8350.5 to receive CalWORKs Stage 2 child care when:
(1) the family continues to meet the need eligibility criterion pursuant to Section 18406(b); and
(2) the requirements of Section 18084 regarding income reporting are met, in order to determine the need to assess parent fees pursuant to Section 18109; and
(3) the requirements of Chapter 19, Article 5 (commencing with Section 18108) regarding parent fees are met.
(b) A contractor's policies regarding family eligibility, except as provided in Section 18411(d), shall not supercede the categorical eligibility of a family receiving CalWORKs cash aid.
(c) When such a categorically eligible family would otherwise have their child care terminated due to the family's violation of a child care provider's policy:
(1) The contractor shall notify the county welfare department of the actions of the family that violated the contractor's policy in order to determine what action(s) may be taken.
(2) The contractor may take additional steps to remedy the situation that include but are not limited to:
(A) Developing a jointly agreed upon plan with the county welfare department for specific services to be provided to the family by the county welfare department.
(B) Jointly determining with the county welfare department whether the family would better be served in CalWORKs Stage 1.
(d) A former CalWORKs cash aid recipient meeting the requirements of Sections 18406 and 18407 is eligible to receive child care services in Stage 1 and/or Stage 2 for 24 months after the adult is no longer receiving CalWORKs cash aid. The 24-month time limit begins the first day of the month immediately following the month the adult is no longer receiving CalWORKs cash aid.
(e) A family receiving diversion services meeting the requirements of Sections 18406 and 18407 is eligible to receive child care services in Stage 2 for 24 months. The 24-month time limit begins the first day of the month that the family is determined eligible for diversion services.
(f) When a former CalWORKs cash aid recipient again becomes eligible for and receives CalWORKs cash aid, and then is terminated from CalWORKs cash aid, the family is eligible for another 24 months of Stage 1 or Stage 2 child care, or a combination of the two. The 24-month period begins on the first day of the month immediately following the month the adult is no longer receiving CalWORKs cash aid.
NOTE
Authority cited: Section 8263, Education Code. Reference: Sections 8350.5, 8351, 8353 and 8358.5, Education Code.
HISTORY
1. New section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order, including amendment of section, transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
§18409. Enrollment into CalWORKs Stage 2 By Transfer from Another CalWORKs Agency.
Note • History
(a) A family is transferred into Stage 2 from a county welfare department's Stage 1 program or another contractor's Stage 2 program when the following information is obtained by the receiving contractor from the transferring agency:
(1) The parent's(s) full name(s), address(es), and telephone number(s);
(2) The names and birth dates of all children under the age of 18 living with the family, regardless of whether they are served in the CalWORKs program;
(3) The number of hours of child care needed each day for each child;
(4) The names of other family members in the household who are related by blood, marriage, or adoption;
(5) The reason for needing child care services;
(6) Family size and adjusted monthly income;
(7) Employment or training information for parent(s) including name and address of employer(s) or training institutions(s) and days and hours of employment or training;
(8) Rate of payment; and
(9) The name, address, and telephone number of the child care provider.
(b) The transfer process specified in Subsection (a) is not required when a family is transferring from another CalWORKs Stage 2 contract with the same contractor.
(c) Once the receiving contractor obtains the information contained in Subsection (a) and determines that the information is complete, the receiving contractor shall:
(1) Assume responsibility for reimbursing the provider for the child care services provided; and
(2) Send or otherwise provide a notice to the family documenting the information and requiring that the family certify by signature that the information is accurate. Such certification shall comply with the timelines established by the contractor's policies and procedures. The contractor shall notify the family of the timeframe by which the certification must be returned, and that notwithstanding Section 18408(a), child care will be terminated, pursuant to Section 18419, if the certification is not received within that timeframe.
(3) If the family indicates that the information obtained by the receiving contractor pursuant to Subsection (a) is inaccurate or there has been a change, the new Stage 2 contractor shall update the information pursuant to Section 18410(b).
(d) When the contractor is informed by the California Department of Education that all Stage 2 funds have been allocated for a given fiscal year and contracts will no longer be augmented during the fiscal year, the Stage 2 contractor shall not accept transfers from another CalWORKs agency if doing so would result in over enrollment by the receiving Stage 2 contractor.
(e) If at any time during the fiscal year the contractor believes that accepting additional transfers would result in over enrollment, the contractor shall notify the California Department of Education.
(f) The contractor shall not establish a waiting list for Stage 2.
NOTE
Authority cited: Section 8263, Education Code. Reference: Sections 8350.5, 8351, 8353 and 8358.5, Education Code.
HISTORY
1. New section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order, including new subsection (e) and subsection relettering, transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
§18409.5. Enrollment into CalWORKs Stage 2 When Not Transferring from Another CalWORKs Agency.
Note • History
(a) When a family who is not being transferred from a county welfare department's Stage 1 program or another contractor's Stage 2 program requests CalWORKs Stage 2 child care services, an application for services must be completed containing the following information and supporting documentation:
(1) The parent's(s) full name(s), address(es) and telephone number(s);
(2) The names and birth dates of all children under the age of 18 in the family, regardless of whether they are served in the CalWORKs program;
(3) The number of hours of child care needed each day for each child;
(4) The names of other family members in the household related by blood, marriage, or adoption;
(5) The reason for needing child care services;
(6) Family size and monthly adjusted income;
(7) Employment or training information for the parent(s) including name and address of employer(s) or training institutions(s) and days and hours of employment or training;
(8) Rate of payment;
(9) The name, address, and telephone number of the child care provider; and
(10) The parent(s) signature and date of the signature.
(b) Once the application has been submitted, the signature of the contractor or the contractor's employee who is authorized to certify the eligibility of the family must be obtained before the contractor assumes responsibility for reimbursing the provider for the child care services provided. Child care services received prior to the date of certification shall not be reimbursed.
(c) When the contractor is informed by the California Department of Education that all Stage 2 funds have been allocated for a given fiscal year and contracts will no longer be augmented during the fiscal year, the Stage 2 contractor shall not accept any new families if doing so would result in over enrollment and may refer any otherwise eligible family to the county welfare department Stage 1 program.
(d) If at any time during the fiscal year the contractor believes that accepting additional new families would result in over enrollment, the contractor shall notify the California Department of Education.
(e) The contractor shall not establish a waiting list for Stage 2.
NOTE
Authority cited: Section 8263, Education Code. Reference: Sections 8350.5, 8353 and 8358.5, Education Code.
HISTORY
1. New section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order, including new subsection (d) and subsection relettering, transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
§18410. Contractor Responsibilities for Maintaining Family Eligibility.
Note • History
(a) At the time of certification and recertification, a family shall be informed of its responsibility to notify the contractor within five calendar days of any changes in family income, family size, or need for child care services.
(b) The contractor shall update the family's application within 30 days after notification by the family of a change in family income, family size, or need. When updating the family's application, the contractor shall make every effort to maximize convenience for the parent and avoid requiring the parent to take time off from work or a work activity.
(c) Notwithstanding Subsection (b), all families shall be recertified for eligibility and need at intervals not to exceed twelve (12) months.
(d) If a family no longer meets the requirements specified in Sections 18406 and 18407 and the contractor receives a referral for services pursuant to Chapter 19, Section 18092, the family must be transferred to a non-CalWORKs alternative payment program contractor as soon as possible.
(e) When a former CalWORKs cash aid recipient or a diversion family times out, the family is to be transferred to CalWORKs Stage 3 effective the first day of the following month. If there are no funds available in a CalWORKs Stage 3 program or another subsidized child care program, the contractor shall terminate child care pursuant to Section 18419.
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Section 8353, Education Code.
HISTORY
1. New section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order, including amendment of subsection (e), transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
Note • History
(a) The family has the right to select its child care provider. Licensed child care centers, licensed family homes, and child care exempt from licensure are valid parental choices of care for all families receiving Stage 2 child care.
(b) If child care is funded with state funds, a provider shall not be reimbursed for child care services that include religious instruction or worship.
(c) The child care provider shall meet all of the following requirements:
(1) Have a child care license or be exempt from child care licensing requirements, as specified in Title 22, California Code of Regulations, Sections 101158 and 102358.
(2) A license-exempt provider must:
(A) Be 18 years old or older,
(B) Meet or be exempt from Health and Safety Self-Certification requirements; and
(C) Apply for or be registered for Trustline or be exempt from Trustline Registry, pursuant to Health and Safety Code section 1596.605(a).
(d) A contractor may develop a policy for in-home license-exempt care requiring a minimum number of children to ensure the provider receives a payment equivalent to the minimum wage.
(e) The family's choice for a child care provider(s) must meet the following requirements:
(1) The child care provider's hours of operation meet the family's needs for child care;
(2) The child care provider ensures that each child's attendance is recorded for payment purposes; and
(3) Adult supervision is maintained at all times when children are in attendance.
NOTE
Authority cited: Sections 8261, 8263 and 8269, Education Code. Reference: Sections 8208.1, 8352, 8353 and 8356, Education Code; and Sections 1596.605(a) and 1596.792, Health and Safety Code.
HISTORY
1. New section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order, including amendment of section, transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
Article 3. Requirements for Family Data File
Note • History
(a) The contractor shall establish and maintain a family data file for each family receiving child care services in accordance with regulations contained in Chapter 19, Section 18081(a), (b)(1)-(5), (d), and (e).
(b) For families that transfer from a Stage 1 or another Stage 2 agency, the receiving contractor shall establish the family data file documentation pursuant to Subsection (a) within six months of the date of the transfer.
NOTE
Authority cited: Sections 8261, 8261.5, 8263 and 8269, Education Code. Reference: Sections 8353 and 8358.5, Education Code.
HISTORY
1. New article 3 (section 18412) and section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New article 3 (section 18412) and section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
Article 4. Provider Payments and Parent Fees
Note • History
(a) The contractor shall reimburse each provider no more than that provider charges unsubsidized families, not to exceed the maximum subsidy amount as defined in Section 18074.1.
(b) Reimbursable hours of care shall include work hours, commute hours, participation in county-approved activities, and other eligible hours as approved by the contractor.
NOTE
Authority cited: Sections 8261 and 8269, Education Code. Reference: Sections 8353 and 8357, Education Code.
HISTORY
1. New article 4 (sections 18413-18414) and section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New article 4 (sections 18413-18414) and section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
4. Amendment filed 9-4-2003 as an emergency; operative 9-4-2003 (Register 2003, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-2-2004 or emergency language will be repealed by operation of law on the following day.
5. Amendment refiled 12-29-2003 as an emergency; operative 12-29-2003 (Register 2004, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-27-2004 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 12-29-2003 order, including amendment of section, transmitted to OAL 4-26-2004 and filed 6-8-2004 (Register 2004, No. 24).
§18414. Parent Fees and Co-payments.
Note • History
(a) Except as otherwise provided in this Article, contractors shall apply the regulations contained in Chapter 19, Subchapter 3, Article 5 (commencing with Section 18108, except for Sections 18110, 18111, and 18114 (b)).
(b) If a parent chooses a provider with a usual and customary rate exceeding 1.5 standard deviations above the mean market rate for the type of care provided, the parent may receive services from that provider, in which case the parent is responsible for the difference between the maximum payment rate and the provider's rate.
NOTE
Authority cited: Sections 8263 and 8269, Education Code. Reference: Sections 8353 and 8357, Education Code.
HISTORY
1. New section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
Article 5. Program Policies
§18415. Contractor Responsibilities.
Note • History
(a) The contractor shall comply with Chapter 19, Subchapter 10, Article 2 (commencing with Section 18221, except for Section 18224(a)(2)).
(b) The contractor shall provide an application to all families requesting CalWORKs Stage 2 child care services.
(c) The contractor shall take action on any application submitted for CalWORKs Stage 2 child care services within 30 calendar days starting with the first day after the filing of the application.
(d) The contractor shall assist parents in choosing child care services by providing parents with a referral to the local resource and referral agency. The contractor shall inform parents of policies developed pursuant to Section 18413(d).
(e) The contractor shall not require the family or the provider to furnish any documentation previously provided to a county welfare department or an alternative payment program within the one year prior to application, unless the documentation is absent from the existing file and the documentation affects the eligibility for child care services.
(f) The contractor shall permit the review of the family data file by the child's parent(s) upon request and at reasonable times and places. The family data file may be reviewed by a representative of the parent if the parent provides written authorization for the review. The use or disclosure of all information pertaining to the child and his/her family shall be restricted to purposes directly connected with the administration of the program.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8353 and 8358.5, Education Code.
HISTORY
1. New article 5 (section 18415) and section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New article 5 (section 18415) and section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
Article 6. Data Reporting
Note • History
The contractor shall submit statistical, cost, and program data to the California Department of Education by the date and in the format specified in the California Department of Education's request.
NOTE
Authority cited: Sections 8261 and 8269, Education Code. Reference: Sections 8353, 8357 and 8358.5, Education Code.
HISTORY
1. New article 6 (section 18416) and section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New article 6 (section 18416) and section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
Article 7. Program Quality
Note • History
The contractor shall adhere to the regulations contained in Chapter 19, Sections 18271, 18274, 18277, and 18279.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8203 and 8353, Education Code.
HISTORY
1. New article 7 (section 18417) and section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New article 7 (section 18417) and section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
Article 8. Due Process
Note • History
The contractor shall adhere to the regulations contained in Chapter 19, Sections 18120, 18121, and 18122.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8353 and 8358.5, Education Code.
HISTORY
1. New article 8 (sections 18418-18419) and section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New article 8 (sections 18418-18419) and section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
§18419. Notice of Action Requirements.
Note • History
The contractor shall comply with the regulations contained in Chapter 19, Sections 18094, 18095, 18118, and 18119(a). When a notice of action is to be issued, the contractor shall mail or personally deliver the notice of action to the parents. If the notice of action is personally delivered, the effective day of the intended action shall be no less than 14 calendar days from the date the notice was delivered. If the notice of action is mailed, the effective date of the intended action shall be no less than 19 calendar days from the date the notice was mailed.
NOTE
Authority cited: Section 8261 and 8263, Education Code. Reference: Sections 8353 and 8358.5, Education Code.
HISTORY
1. New section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
Subchapter 3. CalWORKs Stage 3 Child Care Program
Article 1. General Provisions
Note • History
(a) The provisions contained in this Subchapter shall only apply to contractors authorized to establish, maintain, or operate alternative payment programs for CalWORKs Stage 3 Child Care Programs as defined in Education Code section 8354.
(b) Except as otherwise provided in this subchapter, contractors funded to establish, maintain, or operate alternative payment programs for CalWORKs Stage 3 child care programs shall also comply with regulations contained in Chapter 19, Subchapter 1 (commencing with Section 17906), Subchapter 2 (commencing with Section 18012, except for Section 18017 if child care is paid for utilizing federal funds), and Subchapter 15 (commencing with Section 18300).
(c) Contractors administering Stage 3 programs in counties where there are multiple contractors shall coordinate services and cooperate to ensure all eligible families receive and continue to receive services. Contractors may coordinate across county boundaries so that eligible families living in the county, employed in the county, or receiving child care in the county receive and continue to receive services.
NOTE
Authority cited: Sections 8261 8263 and 8269, Education Code. Reference: Section 8354, Education Code.
HISTORY
1. New subchapter 3 (articles 1-8), article 1 (section 18420) and section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New subchapter 3 (articles 1-8), article 1 (section 18420) and section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
Article 2. Requirements and Procedures for Receiving CalWORKs Stage 3 Services
Note • History
(a) A family is eligible to receive CalWORKs Stage 3 child care services if all of the following conditions are met:
(1) The family is and remains income eligible. A family is income eligible if the family's adjusted monthly income based upon the family size is at or below 75% of the state median income. Adjusted monthly income is the total countable income received by members of the family included in the family size determination minus verified child support payments paid by the parent whose child is receiving child care services. Except for child support payments paid by the parent, monthly income shall not be adjusted because of voluntary or involuntary deductions.
(A) When income fluctuations occur, the adjusted monthly income shall be computed by averaging the total adjusted monthly income received during the previous 12 months.
(B) For families that transfer from either Stage 1 or another Stage 2 contractor, the 12-month period shall be the 12 months immediately preceding the transfer.
(C) For all other families, the 12-month period shall be the 12 months immediately preceding the month of recertification.
(D) Total countable income does not include the following:
(i) Earnings of a child under the age of 18 years;
(ii) Loans, grants, and scholarships obtained under conditions that preclude their use for current living costs;
(iii) Grants or loans to students for educational purposes made or insured by a state or federal agency;
(iv) Allowances received for uniforms or other work required clothing, food, or shelter;
(v) Income that is used for business expenses for self-employed family members; or
(vi) The income of a recipient of federal supplemental security income and state supplemental program (SSI/SSP) benefits;
(2) The adult or minor teen parent is responsible for the care of the child needing child care; and
(3) The adult or minor teen parent is:
(A) A former CalWORKs cash aid recipient and is in his/her 24th month of eligibility for CalWORKs Stage 1 and/or 2 after leaving CalWORKs cash aid, or
(B) A diversion services recipient and is in his/her 24th month of eligibility for CalWORKs Stage 1 and/or 2 child care.
(b) If child care is reimbursed with state funds, the parent(s) and any other adult whose income is counted towards Stage 3 eligibility must each meet one of the following requirements:
(1) Be employed. If the parent(s) works in the home, the nature of the work must preclude the supervision of the parent's children;
(2) Be seeking employment, but not to exceed sixty working days in the fiscal year;
(3) Be participating in a job training and education program leading directly to a recognized trade, paraprofession, or profession;
(4) Be participating in job retention services as approved by the county welfare department; or
(5) Be incapacitated.
(c) If child care is reimbursed with federal funds:
(1) The parent must meet one of the following requirements:
(A) Be employed. If the parent works in the home, the nature of the work must preclude the supervision of the parent's children;
(B) Be seeking employment, but not to exceed sixty working days in the fiscal year;
(C) Be participating in a job training and education program leading directly to a recognized trade, paraprofession, or profession; or
(D) Be participating in job retention services as approved by the county welfare department.
(2) Any other adult whose income is counted towards Stage 3 eligibility must meet one of the requirements contained in Subsection (c)(1) or be incapacitated.
NOTE
Authority cited: Section 8263, Education Code. Reference: Sections 8350.5 and 8354, Education Code; Section 11323.2, Welfare and Institutions Code.
HISTORY
1. New article 2 (sections 18421-18426) and section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New article 2 (sections 18421-18426) and section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order, including amendment of section, transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
Note • History
(a) A child living in the household of an eligible family pursuant to section 18421 may receive CalWORKs Stage 3 child care services if she/he is:
(1) A son or daughter of the eligible family;
(2) Receiving foster care benefits, federal Supplemental Security Income (SSI), or State Supplemental Program (SSP) benefits; or
(3) The responsibility of the adult to support and for whom the lack of child care would result in the adult not being able to work or participate in a work activity.
(b) The child must be:
(1) Under 13 years of age; or
(2) A child with exceptional needs as defined in Education Code section 8208(l).
(c) When a child's residence alternates between the homes of separated or divorced parents, eligibility, need, and fees should be determined separately for each household in which the child is residing during the time child care services are needed.
NOTE
Authority cited: Section 8263, Education Code. Reference: Sections 8208, 8350, 8350.5 and 8354, Education Code; Section 11323.2, Welfare and Institutions Code.
HISTORY
1. New section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
4. Amendment of subsections (b)-(b)(2), repealer of subsections (c)-(c)(2), subsection relettering and amendment of Note filed 11-1-2012; operative 12-1-2012 (Register 2012, No. 44).
Note • History
After initial enrollment into a Stage 3 program, child care services will be continued as long as the child meets the requirements of Section 18422 and:
(a) The family continues to meet eligibility requirements pursuant to Section 18421; or
(b) The contractor has received a referral for child protective services pursuant to Chapter 19, Section 18092; or
(c) If being reimbursed by state funds, the family is income eligible and the child has a medical or psychiatric special need that cannot be met without the provision of child care services as documented in the family data file pursuant to Chapter 19, Section 18089.
NOTE
Authority cited: Section 8263, Education Code. Reference: Sections 8350, 8350.5 and 8354, Education Code.
HISTORY
1. New section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
§18424. Enrollment into CalWORKs Stage 3 By Transfer from Another CalWORKs Agency.
Note • History
(a) A family is transferred into Stage 3 from a county welfare department's Stage 1 program or another contractor's Stage 2 or Stage 3 program when the following information is obtained by the receiving contractor:
(1) The parent's(s) full name(s), address(es), and telephone number(s);
(2) The names and birth dates of all children under the age of 18 living with the family, regardless of whether they are served in the CalWORKs program;
(3) The number of hours of child care needed each day for each child;
(4) The names of other family members in the household who are related by blood, marriage, or adoption;
(5) The reason for needing child care services;
(6) Family size and adjusted monthly income;
(7) Employment or training information for parent(s) including name and address of employer(s) or training institutions(s) and days and hours of employment or training;
(8) Rate of payment; and
(9) The name, address, and telephone number of the child care provider.
(b) The transfer process specified in Subsection (a) is not required when a family is transferring from another CalWORKs Stage 2 or Stage 3 contract with the same contractor.
(c) Once the receiving contractor obtains the information contained in Subsection (a) and determines that the information is complete, the receiving contractor shall:
(1) Assume responsibility for reimbursing the provider for the child care services provided effective the first of the month after the family has timed out of Stage 1 or Stage 2; and
(2) Send or otherwise provide a notice to the family documenting the information and requiring that the family certify by signature that the information is accurate. Such certification shall comply with the timelines established by the contractor's policies and procedures. The contractor shall notify the family of the timeframe by which the certification must be returned, and that child care will be terminated, pursuant to Section 18434, if the certification is not received within that timeframe.
(3) If the family indicates that the information obtained by the receiving contractor pursuant to Subsection (a) is inaccurate or there has been a change, the new Stage 3 contractor shall update the information pursuant to Section 18425(b).
(d) The contractor shall enroll eligible families into Stage 3 as they time out without regard to prioritization until the notification from the California of Education pursuant to subsection (e) below is received.
(e) If at any time during the fiscal year the contractor believes that accepting eligible families into Stage 3 as they time out would result in over enrollment, the contractor shall notify the California Department of Education.
(f) Notwithstanding Chapter 19, Section 18225, when a contractor is informed by the California Department of Education that all Stage 3 funds have been allocated for a given fiscal year and contracts will no longer be augmented during that fiscal year, the contractor shall:
(1) Review the Stage 1 and 2 caseload designated to transfer into the contractor's Stage 3 contract each month for the remainder of the current fiscal year. The contractor shall determine if the current fiscal year Stage 3 funds available are sufficient to continue child care for all families that will time out of Stage 1 and 2 services each month of the current fiscal year.
(2) Continue to enroll families without regard to prioritization until the specific month that funding is insufficient to enroll all families that have timed out of Stage 1 and 2 the previous month.
(3) Upon determination that funding is insufficient to provide services to all families that will time out in a specific month, enroll families until all Stage 3 funds are fully utilized, with priority given to families with the lowest adjusted monthly income in relation to family size in accordance with the family fee schedule.
(4) Not establish a waiting list for CalWORKs Stage 3 of otherwise eligible families when there are insufficient funds pursuant to this Section.
(g) Subsequently, if additional Stage 3 funding becomes available due to attrition, the families that have timed out in the month that funding becomes available shall be enrolled with priority given to families with the lowest adjusted monthly income in relation to family size in accordance with the family fee schedule.
(h) The contractor shall mail or personally deliver a completed notice of action to the parent(s) pursuant to Section 18434 when services are to be terminated due to insufficient funds.
NOTE
Authority cited: Section 8263, Education Code. Reference: Sections 8350.5 and 8354, Education Code.
HISTORY
1. New section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order, including new subsection (e) and subsection relettering, transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
§18425. Contractor Responsibilities for Maintaining Family Eligibility.
Note • History
(a) At the time of certification and recertification, a family shall be informed of its responsibility to notify the contractor within five calendar days of any changes in family income, family size, or need for child care services.
(b) The contractor shall update the family's application within 30 days after notification by the family of a change in family income, family size, or need. When updating the family's application, the contractor shall make every effort to maximize convenience for the parent and avoid requiring the parent to take time off from work or a work activity.
(c) Notwithstanding Subsection (b), all families shall be recertified for eligibility and need as follows:
(1) Families receiving care where the need is child protective services shall be recertified at least once every 6 months;
(2) All other families shall be recertified at intervals not to exceed 12 months.
(d) If the California Department of Education notifies the contractor that funds are not available to serve the existing Stage 3 caseload and it is necessary to displace families, families shall be displaced in reverse order of enrollment priority based on income levels pursuant to Education Code section 8263(b)(2). When two or more families are in the same priority in relation to income, the family that has received care in Stage 3 for the shortest period of time shall have higher priority.
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Sections 8350.5 and 8354, Education Code.
HISTORY
1. New section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
Note • History
(a) The family has the right to select its child care provider. Licensed child care centers, licensed family homes, and child care exempt from licensure are valid parental choices of care for all families receiving Stage 3 child care.
(b) If child care is funded with state funds, a provider shall not be reimbursed for child care services that includes religious instruction or worship.
(c) The child care provider shall meet all of the following requirements:
(1) Have a child care license or be exempt from child care licensing requirements, as specified in Title 22, California Code of Regulations, Sections 101158 and 102358.
(2) A license-exempt provider must:
(A) Be 18 years old or older,
(B) Meet or be exempt from Health and Safety Self-Certification requirements; and
(C) Apply for or be registered for Trustline or be exempt from Trustline Registry, pursuant to Health and Safety Code section 1596.605(a).
(d) A contractor may develop a policy for in-home license-exempt care requiring a minimum number of children to ensure the provider receives a payment equivalent to the minimum wage.
(e) The family's choice for a child care provider must meet the following requirements:
(1) The child care provider's hours of operation meet the family's needs for child care;
(2) The child care provider ensures that each child's attendance is recorded for payment purposes; and
(3) Adult supervision is maintained at all times when children are in attendance.
NOTE
Authority cited: Sections 8261, 8263 and 8269, Education Code. Reference: Sections 8208.1, 8354 and 8356, Education Code.
HISTORY
1. New section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order, including amendment of section, transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
Article 3. Requirements for Family Data File
Note • History
(a) The contractor shall establish and maintain a family data file for each family receiving child care services in accordance with regulations contained in Chapter 19, Section 18081(a), (b)(1)-(5), (d), and (e).
(b) For families that transfer from a Stage 1, Stage 2, or another Stage 3 agency, the receiving contractor shall establish the family data file documentation pursuant to Subsection (a) within six months of the date of the transfer.
NOTE
Authority cited: Sections 8261, 8261.5, 8263 and 8269, Education Code. Reference: Sections 8354 and 8358.5, Education Code.
HISTORY
1. New article 3 (section 18427) and section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New article 3 (section 18427) and section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
Article 4. Provider Payments and Parent Fees
Note • History
(a) The contractor shall reimburse each provider no more than the amount the provider charges unsubsidized families, not to exceed the maximum subsidy amount as defined in Section 18074.1.
(b) Reimbursable hours of care shall include work hours, commute hours, participation in county-approved activities, and other eligible hours as approved by the contractor.
NOTE
Authority cited: Sections 8261 and 8269, Education Code. Reference: Sections 8354 and 8357, Education Code.
HISTORY
1. New article 4 (sections 18428-18429) and section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New article 4 (sections 18428-18429) and section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
4. Amendment filed 9-4-2003 as an emergency; operative 9-4-2003 (Register 2003, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-2-2004 or emergency language will be repealed by operation of law on the following day.
5. Amendment refiled 12-29-2003 as an emergency; operative 12-29-2003 (Register 2004, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-27-2004 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 12-29-2003 order, including amendment of section, transmitted to OAL 4-26-2004 and filed 6-8-2004 (Register 2004, No. 24).
§18429. Parent Fees and Co-Payments.
Note • History
(a) Except as otherwise provided in this Article, contractors shall apply the regulations contained in Chapter 19, Subchapter 3, Article 5 (commencing with Section 18108, except for Sections 18110, 18111, and 18114(b)).
(b) If a parent chooses a provider with a usual and customary rate exceeding 1.5 standard deviations above the mean market rate for the type of care provided, the parent may receive services from that provider, in which case the parent is responsible for the difference between the maximum payment rate and the provider's rate.
NOTE
Authority cited: Sections 8263 and 8369, Education Code. Reference: Sections 8354 and 8357, Education Code.
HISTORY
1. New section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
Article 5. Program Policies
§18430. Contractor Responsibilities.
Note • History
(a) The contractor shall comply with Chapter 19, Subchapter 10, Article 2 (commencing with Section 18221, except for Section 18224(a)(2)).
(b) The contractor shall assist parents in choosing a child care provider by providing parents with a referral to the local resource and referral agency. The contractor shall inform parents of policies developed pursuant to Section 18428(d).
(c) The contractor shall not require the family or the provider to furnish any documentation previously provided to a county welfare department or an alternative payment program within the one year prior to application, unless the documentation is absent from the existing file and the documentation affects the eligibility for child care services.
(d) The contractor shall permit the review of the family data file by the child's parent(s) upon request and at reasonable times and places. The family data file may be reviewed by a representative of the parent if the parent provides written authorization for the review. The use or disclosure of all information pertaining to the child and his/her family shall be restricted to purposes directly connected with the administration of the program.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8354 and 8358.5, Education Code.
HISTORY
1. New article 5 (section 18430) and section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New article 5 (section 18430) and section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
Article 6. Data Reporting
Note • History
The contractor shall submit statistical, cost, and program data to the California Department of Education by the date and in the format specified in the California Department of Education's request.
NOTE
Authority cited: Sections 8261 and 8269, Education Code. Reference: Sections 8354, 8357 and 8358.5, Education Code.
HISTORY
1. New article 6 (section 18431) and section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New article 6 (section 18431) and section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
Article 7. Program Quality
Note • History
The contractor shall adhere to the regulations contained in Chapter 19, Sections 18271, 18274, 18277, and 18279.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8302 and 8354, Education Code.
HISTORY
1. New article 7 (section 18432) and section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New article 7 (section 18432) and section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
Article 8. Due Process
Note • History
The contractor shall adhere to the regulations contained in Chapter 19, Sections 18120, 18121, and 18122.
NOTE
Authority cited: Section 8261, Education Code. Reference: Sections 8354 and 8358.5, Education Code.
HISTORY
1. New article 8 (sections 18433-18434) and section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New article 8 (sections 18433-18434) and section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
§18434. Notice of Action Requirements.
Note • History
The contractor shall comply with the regulations contained in Chapter 19, Sections 18094, 18095, 18118, and 18119(a). When a notice of action is to be issued, the contractor shall mail or personally deliver the notice of action to the parents. If the notice of action is personally delivered, the effective date of the intended action shall be no less than 14 calendar days from the date the notice was delivered. If the notice of action is mailed, the effective day of the intended action shall be no less than 19 calendar days from the date the notice was mailed.
NOTE
Authority cited: Sections 8261 and 8263, Education Code. Reference: Sections 8354 and 8358.5, Education Code.
HISTORY
1. New section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
Chapter 20. State Board of Education Procedures
Subchapter 1. General Provisions
Article 1. Public Hearing
Note • History
(a) The State Board of Education (SBE) may hold a public hearing regarding any matter pending before it after giving the notice required for meetings by the Government Code.
(b) The SBE may direct that a public hearing be held before staff of the California Department of Education, an advisory commission to the SBE, or a standing or ad hoc committee of the SBE regarding any matter which is or is likely to be pending before the SBE.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 33030 and 33031, Education Code.
HISTORY
1. Repealer of former Article 1 (Section 18400), Article 2 (Sections 18420-18424), Article 3 (Sections 18430-18435), Article 4 (Section 18440), Article 5 (Sections 18450-18456) and Article 7 (Sections 18470-18473) filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 42). For prior history of Chapters 1 and 1.3, see Registers 83, No. 51; 77, No. 39; and 75, No. 44.
2. Redesignation of former Article 6 (Sections 18460-18464) to Article 1 and amendment of subsection (a) filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 42).
3. Change without regulatory effect amending section and Note filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
Note • History
Persons wishing to address the SBE on a subject to be considered at a future meeting, including any matter designated as a public hearing, shall present a written request to the Secretary by noon of the third working day before the scheduled hearing at 1430 N Street, Sacramento, CA 95814, stating the subject they wish to address, the organization they represent, if any, and the nature of their testimony.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 33030 and 33031, Education Code.
HISTORY
1. New NOTE filed 12-14-83; effective thirtieth day thereafter (Register 83, No. 51).
2. Amendment filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 42).
3. Change without regulatory effect amending section and Note filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
§18462. Copies of Statement. [Repealed]
Note • History
NOTE
Authority cited: Section 33031(a), Education Code. Reference: Sections 33030 and 33031(a), Education Code.
HISTORY
1. New NOTE filed 12-14-83; effective thirtieth day thereafter (Register 83, No. 51).
2. Repealer filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 42).
§18463. Presentation of Public Testimony.
Note • History
At or before the hearing at which oral comments from the public are to be received, the Board President or the chairperson of a hearing body other than the full board shall determine the total amount of time that will be devoted to hearing such oral comments, and may determine the time to be allotted to each person or to each side of an issue.
NOTE
Authority cited: Section 33031(a), Education Code. Reference: Sections 33030 and 33031(a), Education Code.
HISTORY
1. New section filed 5-28-76 as procedural and organizational; effective upon filing (Register 76, No. 22).
2. Repealer of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. New NOTE filed 12-14-83; effective thirtieth day thereafter (Register 83, No. 51).
4. Amendment filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 42).
Note • History
At any time, upon a showing of good cause, the Board President or the chairperson of a hearing body other than the full board may waive the requirements of Sections 18461 and 18463.
NOTE
Authority cited: Section 33031(a), Education Code. Reference: Section 33031(a), Education Code.
HISTORY
1. Renumbering from Section 18463 and amendment filed 5-28-76 as procedural and organizational; effective upon filing (Register 76, No. 22).
2. New NOTE filed 12-14-83; effective thirtieth day thereafter (Register 83, No. 51).
3. Amendment filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 42).
Subchapter 2. Procedure for Appearance of an Employee Under Government Code Section 1028.1 [Repealed]
NOTE
Authority cited: Section 33031(a), Education Code.
HISTORY
1. New Chapter 2 (§§ 18520-18523) filed 9-23-69; effective thirtieth day thereafter (Register 69, No. 39).
2. Amendment of section and new NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Repealer of Chapter 2 (Sections 18520-18523) filed 12-14-83; effective thirtieth day thereafter (Register 83, No. 51).
Subchapter 3. Procedures Relating to Instructional Materials
Article 1. Procedures for the Public Display of Textbooks, Public Hearing Given the Instructional Quality Commission, and Receipt of Comments from the Public
§18530. Curriculum Commission Recommendation. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031(a) and 60001, Education Code. Reference: Sections 60202-60204 and 60220-60224, Education Code.
HISTORY
1. Amendment filed 10-24-77; effective thirtieth day thereafter (Register 77, No. 44). For prior history, see Register 77, No. 39.
2. Editorial correction to NOTE (Register 77, No. 51).
3. Repealer filed 6-17-83; effective thirtieth day thereafter (Register 83, No. 25).
4. Change without regulatory effect amending article heading filed 1-10-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 2).
§18531. Procedure for Hearing Given the Curriculum Commission. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031(a) and 60001, Education Code. Reference: Sections 60202, 60203, 60204 and 60220-60224, Education Code.
HISTORY
1. Amendment filed 9-24-75; effective thirtieth day thereafter (Register 75, No. 39).
2. Amendment filed 10-3-75; effective thirtieth day thereafter (Register 75, No. 40).
3. Amendment filed 10-24-77; effective thirtieth day thereafter (Register 77, No. 44).
4. Editorial correction to NOTE (Register 77, No. 51).
5. Repealer filed 6-17-83; effective thirtieth day thereafter (Register 83, No. 25).
§18532. Display of Instructional Materials. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031(a) and 60001, Education Code. Reference: Sections 60202, 60203, 60204 and 60220-60224, Education Code.
HISTORY
1. Amendment filed 9-24-75; effective thirtieth day thereafter (Register 75, No. 39).
2. Amendment refiled 10-3-75; effective thirtieth day thereafter (Register 75, No. 40).
3. Amendment filed 10-24-77; effective thirtieth day thereafter (Register 77, No. 44).
4. Editorial correction to NOTE (Register 77, No. 51).
5. Repealer filed 6-17-83; effective thirtieth day thereafter (Register 83, No. 25).
§18533. Written Statements to the State Board of Education Regarding Instructional Materials and Curriculum Frameworks.
Note • History
(a) Any person may submit to the State Board of Education (SBE) a concise written statement regarding any instructional materials or curriculum frameworks recommended by the Commission for adoption, as follows:
(1) A statement of error appearing in the instructional materials or curriculum framework. The statement shall indicate the page, pages or place in which the error appears, shall include a specification of the error, and, where possible, shall mention a responsible source of information from which the SBE can confirm the existence of such error.
(2) A statement of objection to a specific item of content which shall include the page number or other identification of, and reference to, the item of content to which objection is made, and the grounds of the objection.
(3) Comments relating to any other factor of which the SBE should be aware before making a decision to accept the recommendation of the Commission.
(4) A general objection to the adoption of the instructional materials or curriculum framework. The statement shall include a brief statement of the objection and evidence or grounds supporting the objection.
(5) A statement supporting the instructional materials or curriculum framework as a whole or any portion thereof. The statement shall include the reasons for supporting the recommended adoption or for supporting specified portions thereof.
(b) One copy of the statement, typewritten (or in clearly legible manuscript) and signed, shall be mailed post paid, to the Executive Secretary of the SBE, 1430 N Street, Sacramento, California, 95814, postmarked not later than 10 days prior to the date set for the SBE's public hearing.
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 60200 and 60202, Education Code.
HISTORY
1. Amendment of subsection (a) filed 9-24-75; effective thirtieth day thereafter (Register 75, No. 39).
2. Amendment of subsection (a) refiled 10-3-75; effective thirtieth day thereafter (Register 75, No. 40).
3. New NOTE filed 6-17-83; effective thirtieth day thereafter (Register 83, No. 25).
4. Amendment of section heading, subsections (a), (a)(1) and (a)(3)-(5), repealer of subsections (b) and (c), subsection relettering, and amendment of newly designated subsection (b) adopted by the Department of Education on 12-5-94. Amended section submitted to OAL for printing only on 12-6-94, effective 12-30-94. Exempt from Chapter 3.5 of the Government Code pursuant to Education Code section 60004 (Register 95, No. 3).
5. Change without regulatory effect amending section heading and section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
6. Change without regulatory effect amending subsections (a) and (a)(3) filed 1-10-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 2).
§18534. Oral Comments from the Public; Notice of Intention to Present. [Repealed]
Note • History
NOTE
Authority cited: Section 33031, Education Code. Reference: Sections 60200, 60202 and 60203, Education Code.
HISTORY
1. Repealer filed 6-17-83; effective thirtieth day thereafter (Register 83, No. 25).
§18535. Participation by the Public. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031(a) and 60001, Education Code. Reference: Sections 60202, 60203, 60204 and 60220-60224, Education Code.
HISTORY
1. Amendment filed 5-28-76 as procedural and organizational; effective upon filing (Register 76, No. 22).
2. Repealer filed 6-17-83; effective thirtieth day thereafter (Register 83, No. 25).
§18536. Time Devoted to Oral Comments of the Public. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031(a) and 60001, Education Code. Reference: Sections 60202, 60203, 60204 and 60220-60224, Education Code.
HISTORY
1. Amendment filed 10-30-75 as procedural and organizational; effective upon filing (Register 75, No. 44).
2. Amendment filed 5-28-76 as procedural and organizational; effective upon filing (Register 76, No. 22).
3. Repealer filed 6-17-83; effective thirtieth day thereafter (Register 83, No. 25).
§18537. Time Limitations. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031(a) and 60001, Education Code. Reference: Sections 60202, 60203, 60204 and 60220-60224, Education Code.
HISTORY
1. Repealer filed 6-17-83; effective thirtieth day thereafter (Register 83, No. 25).
§18538. Manner of Oral Presentation. [Repealed]
Note • History
NOTE
Authority cited: Sections 33031(a) and 60001, Education Code. Reference: Sections 60202, 60203, 60204 and 60220-60224, Education Code.
HISTORY
1. Repealer filed 6-17-83; effective thirtieth day thereafter (Register 83, No. 25).
Article 2. Procedures for Submission and Opening of Bids for Elementary Instructional Materials [Repealed]
HISTORY
1. Repealer of article 2 (sections 18550-18558) filed 6-17-83; effective thirtieth day thereafter (Register 83, No. 25). For prior history of section 18556, see Register 80, No. 3; for prior history of sections 18557 and 18558, see Register 75, No. 40.
Subchapter 4. Procedures Relating to Hearings on Proposals and Petitions for the Reorganization of School Districts
§18570. Submission of Proposals and Petitions.
Note • History
A proposal by the county committee on school district organization, a petition by another public agency or electors for the reorganization of a school district other than a transfer of territory, or an appeal under Education Code section 35710.5 or 35711 of an action by the county committee approving or disapproving a petition to transfer territory from one district to another shall be submitted to the Executive Officer of the Board. The Executive Officer of the Board shall cause the proposal, petition or the appeal to be:
(a) Reviewed and analyzed by the California Department of Education.
(b) Set for hearing before the State Board of Education at the earliest practicable date.
(c) Transmitted, together with the report and recommendation of the California Department of Education, to the Board and to such other persons as is required by law not later than ten days before the date of the hearing.
NOTE
Authority cited: Section 33031, 35712, and 35768, Education Code. Reference: Sections 35707, 35708, 35710.5, 35711, and 35752, Education Code.
HISTORY
1. New Chapter 4 (§§ 18570 through 18574) filed 7-22-69; effective thirtieth day thereafter (Register 69, No. 30).
2. Amendment of NotE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Amendment of NotE filed 12-14-83; effective thirtieth day thereafter (Register 83, No. 51).
4. Amendment of section and Note filed 3-29-96; operative 4-28-96 (Register 96, No. 13).
§18571. Arguments Before the Board (Original Submission).
Note • History
At the time and place of hearing, the Board will receive oral and/or written arguments on the proposal, petition or the appeal. The Board may limit the number of speakers on each side of the issue, limit the time permitted for the presentation of a particular view, and limit the time of the individual speakers. The Board will not entertain a repetition of arguments previously presented by the same or another speaker at that meeting, or presented at a previous meeting at which the proposal, petition or appeal was considered.
NOTE
Authority cited: Section 33031, 35712 and 35768, Education Code. Reference: Sections 35708, 35710.5, 35711, 35752 and 35754, Education Code.
HISTORY
1. New NotE filed 12-14-83; effective thirtieth day thereafter (Register 83, No. 51).
2. Amendment of section and Note filed 3-29-96; operative 4-28-96 (Register 96, No. 13).
§18572. Resubmissions and Petitions for Reconsideration.
Note • History
(a) At any time following a decision by the Board on a proposal, petition or appeal, the original petitioner, county committee on school district organization, or any affected school district may resubmit the same or essentially identical proposal, or may petition the Board for reconsideration of the Board's decision.
(b) Any resubmission or petition for reconsideration shall be accompanied by new arguments or new facts not previously presented to the Board.
(c) No resubmission or petition for reconsideration shall be acted upon by the Board with respect to any reorganization proposal that has been called for election pursuant to Education Code section 35710.51 or 35756.
NOTE
Authority cited: Section 33031, 35712 and 35768, Education Code. Reference: Sections 35707, 35708, 35710-35711, 35752 and 35756, Education Code.
HISTORY
1. New Note filed 12-14-83; effective thirtieth day thereafter (Register 83, No. 51).
2. Amendment of section heading, repealer of section and new section, and amendment of Note filed 3-29-96; operative 4-28-96 (Register 96, No. 13).
§18573. Criteria for Reorganization of School Districts.
Note • History
(a) The analysis of the proposal or petition by the California Department of Education shall state findings of fact and recommendations as to whether each district affected by the proposed reorganization substantially meets the following criteria and standards:
(1) It is the intent of the State Board that direct service districts not be created which will become more dependent upon county offices of education and state support unless unusual circumstances exist. Therefore, each district affected must be adequate in terms of numbers of pupils, in that:
(A) Each such district should have the following projected enrollment on the date that the proposal becomes effective or any new district becomes effective for all purposes:
Elementary District 901
High School District 301
Unified District 1,501
(B) The analysis shall state whether the projected enrollment of each affected district will increase or decline and the extent thereof.
(2) To determine whether the new district is organized on the basis of substantial community identity, the following criteria should be considered:
(A) Isolation.
(B) Geography.
(C) Distance between social centers.
(D) Distance between school centers.
(E) Topography.
(F) Weather.
(G) Community, school, and social ties and other circumstances peculiar to the area.
(3) To determine whether an equitable division of property and facilities will occur, the California Department of Education will determine which of the criteria authorized in Education Code Section 35736 shall be applied. It shall also ascertain that the affected districts and the county office of education are prepared to appoint the committee described in Education Code section 35565 to settle disputes arising from such division of property.
(4) To determine whether the new districts will promote racial or ethnic discrimination or segregation, the effects of the following factors will be considered:
(A) The current number and percentage of pupils in each racial and ethnic group in the affected districts and schools in the affected districts, compared with the number and percentage of pupils in each racial and ethnic group in the affected districts and schools in the affected districts if the proposal or petition were approved.
(B) The trends and rates of present and possible future growth or change in the total population in the districts affected, in each racial and ethnic group within the total district, and in each school, of the affected districts.
(C) The school board policies regarding methods of preventing racial and ethnic segregation in the affected districts and the effect of the proposal or petition on any desegregation plan or program of the affected districts, whether voluntary or court ordered, designed to prevent or to alleviate racial or ethnic discrimination or segregation.
(D) The effect of factors such as distance between schools and attendance centers, terrain, and geographic features that may involve safety hazards to pupils, capacity of schools, and related conditions or circumstances that may have an effect on the feasibility of integration of the affected schools.
(E) The effect of the proposal on the duty of the governing board of each of the affected districts to take steps, insofar as reasonably feasible, to alleviate segregation of minority pupils in schools regardless of its cause.
(5) The proposal or petition shall not significantly adversely affect the educational programs of districts affected by the proposal or petition. In analyzing the proposal or petition, the California Department of Education shall describe the districtwide programs, and the school site programs, in schools not a part of the proposal or petition that will be adversely affected by the proposal or petition.
(b) The Board may waive the criteria specified in subsections (a)(1) through (a)(5) of this section and may approve a proposal or petition or decide an appeal under Education Code section 35710.5 or 35711 if the Board determines circumstances with respect to the proposal, petition or appeal provide a sufficient exceptional situation.
NOTE
Authority cited: Sections 33031, 35712, 35750 and 35768, Education Code. Reference: Section 35710.5, 35711 and 35753, Education Code; Crawford v. Board of Education (1976) 17 CAL.3d 280; NAACP v. San Bernardino City Unified School District (1976) 17 CAL.3d 311.
HISTORY
1. Repealer and new section filed 12-17-76; effective thirtieth day thereafter (Register 76, No. 51).
2. Amendment of subsection (b)(4) and repealer of Note filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Amendment filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3).
4. Amendment filed 12-14-83; effective thirtieth day thereafter (Register 83, No. 51).
5. Amendment of section and Note filed 3-29-96; operative 4-28-96 (Register 96, No. 13).
Note • History
NOTE
Authority cited: Section 33031(a), Education Code. Reference: Sections 35750 and 35753, Education Code.
HISTORY
1. New NOTE filed 12-14-83; effective thirtieth day thereafter (Register 83, No. 51).
2. Repealer filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 42).
Subchapter 5. State Board of Education--Conflict-of-Interest Code
Note • History
The Political Reform Act (Government Code sections 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict-of-interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regulations Section 18730) that contains the terms of a standard conflict-of-interest code, which can be incorporated by reference in an agency's code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 Cal. Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix, designating positions and establishing disclosure categories, shall constitute the conflict-of-interest code of the State Board of Education (Agency), except as provided below.
Individuals holding designated positions shall file statements of economic interests with the Agency, which will make the statements available for public inspection and reproduction. (Gov. Code Sec. 81008.) Upon receipt of the statements of members of the board and the Executive Director, the agency shall make and retain a copy and forward the originals of these statements to the Fair Political Practices Commission. All other statements will be retained by the Agency.
Exception: As provided in 2 Cal. Code of Regulations section 18730(b)(1), the definitions contained in the Political Reform Act of 1974 shall apply to the terms used in this Code except that neither the term “investment” nor the term “business entity” shall operate to exclude any private school in California, whether or not such school is operated for profit.
NOTE
Authority cited: Sections 81008, 87300.1, 87304 and 87306, Government Code. Reference: Sections 87300 et seq., Government Code.
HISTORY
1. New chapter 5 (sections 18600-18608) filed 12-17-76; designated effective 2-1-77. Approved by Fair Political Practices Commission 10-6-76 (Register 76, No. 51).
2. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Repealer of chapter 5 (sections 18600-18608) and new chapter 5 (section 18600 and Appendix) filed 2-26-81; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 12-1-80 (Register 81, No. 9).
4. Amendment filed 2-15-94; operative 3-17-94. Submitted to OAL for printing only. Approved by Fair Political Practices Commission 1-25-94 (Register 94, No. 7).
5. Amendment of Note and appendix (list of designated employees) filed 8-1-2001; operative 8-31-2001. Approved by Fair Political Practices Commission 6-28-2001 (Register 2001, No. 31).
6. Change without regulatory effect amending section and appendix filed 1-10-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 2).
7. Amendment of subchapter heading, section, Note and Appendix filed 3-6-2012; operative 4-5-2012. Approved by Fair Political Practices Commission 1-11-2012 (Register 2012, No. 10).
Appendix
Assigned
Disclosure
Designated Positions Category
Members of the State Board of Education 1, 2
Members of the Instructional Quality Commission and respective
instructional materials evaluation panels 1, 2
Advisory Commission on Special Education 1, 2
Child Nutrition Advisory Council 1, 2
Advisory Commission on Charter Schools 1, 2
Executive Director 1, 2
Deputy Director 1, 2
Chief Counsel 1, 2
Principal Education Policy Consultant 1
Education Programs Consultant 1
Consultants/New Positions *
*Consultants/New Positions shall be included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation:
The Executive Director may determine in writing that a particular consultant or new position, although a “designated position,” is hired to perform a range of duties that is limited in scope, and thus, is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's or new position's duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive Director's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict-of-interest code. (Gov. Code Sec.81008.)
Disclosure Categories
Category 1. Persons in this category shall report investments, business positions, and income, including gifts, loans, and travel payments, from entities of the type that is a publisher, manufacturer, or vendor of instructional materials, or services offered to educational institutions in the State of California. They shall also report any investments, positions of management and income, including gifts, loans, and travel payments, from any private school in the State of California.
Category 2. Persons in this category shall report interests in real property in California.
Chapter 21. Private Postsecondary Education Instructions
Subchapter 1. General Provisions
Note • History
(a) “Instructor.” An instructor is the individual who is responsible for the routine operation of a course on its scheduled basis; a person who is the primary source of instruction, knowledge and expertise by reason of his or her constant presence or availability in the classroom or facility or through correspondence instruction. “Instructor” does not include persons designated as teaching assistants, guest lecturers, substitute teachers, teacher aides or any other personnel specifically not subject to approval by the superintendent. However, such designated personnel may be used without specific approval so long as, in the opinion of the superintendent, the quality or effectiveness of instruction is not impaired and the intent of Sections 18814(b) and 18817 is not circumvented.
(b) “Administrator.” An administrator is any owner or staff member of an institution who has an active role in its operation and has responsibilities such as managing, supervising, planning, research, personnel, financial operations, or working directly with students or prospective students in a noninstructional capacity excepting personnel who function exclusively as off-site agents holding permits pursuant to Education Code Section 94333. “Administrator” does not include persons who provide support services and do not have primary responsibility for the area of operation in which they are working, custodial and maintenance staff, and outside personnel under contract.
(c) “Specific Degree.” As used in Education Code Section 94310.2, “specific degree” means a degree, the title of which includes the specific academic, educational, technological or professional objective attained
which, in turn, is recognized by any institution operating under Education Code Section 94310.1.
(d) “Superintendent.” “Superintendent” means the State Superintendent of Public Instruction and includes the Private Postsecondary Education Division where appropriate.
(e) “Avocational or Recreational Education.” Education solely avocational or recreational, as used in Education Code Section 94303, is education, the object of which is not primarily to train for employment, but which is commonly pursued for personal entertainment, recreation, individual edification or as a hobby.
(f) “Makes Available.” As used in Education Code Section 94312(h), “makes available” means to expressly inform the prospective student that a catalog or brochure may readily be examined or obtained.
(g) “Institution Structured by Schools of Theology.” As used in Education Code Section 94310.4, an “institution structured by schools of theology” is one in which the education is restricted primarily to courses or curriculum in theology or ministry, and other education or instruction directly related to theology or ministry, the content of which is not necessarily limited to the principles of any particular church or denomination.
NOTE
Authority cited: Section 94305(b), Education Code. Reference: Sections 94303, 94310, 94311(d)(3), 94312(h) and 94333, Education Code.
HISTORY
1. Repealer of Division 21 (Sections 18800-19281, not consecutive) and new Division 21 (Sections 18800-18841, not consecutive) filed 4-3-79; effective thirtieth day thereafter (Register 79, No. 14). For prior history, see Registers 77, No. 39; 77, No. 27; 76, No. 7; 75, No. 51; 75, No. 23; 75, No. 9; 71, No. 1; 70, No. 16; 70, No. 13; 70, No. 9; 65, No. 4; and 64, No. 20.
2. Repealer of former Section 18800 and renumbering and amendment of Section 18801 to Section 18800 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
3. Change without regulatory effect filed 2-2-89; operative 2-2-89 (Register 89, No. 8).
§18801. Content of Diplomas and Degrees.
Note • History
(a) Every diploma and degree document conferred by an institution shall contain at least all of the following:
(1) The full name of the institution;
(2) The address of the institution or the city of its principal campus or administrative facility;
(3) The date the document is issued;
(4) The full legal name of the recipient;
(5) A full and clear citation of the diploma course completed, the course of study or discipline in which the degree is earned, or the distinction on which the honorary degree is conferred, as appropriate.
(b) Honorary degrees may be granted by an institution provided that, the honorary degree has on its face, in letters no smaller than those used for the specific name of the degree, either the word “Honorary” in English or the words “Honoris Causa.”
(c) The title of any degree awarded by an institution structured by schools of theology authorized by Education Code Section 94310.4 shall include specific language that identifies the degree as one of theology or ministry.
NOTE
Authority cited: Section 94305(b), Education Code. Reference: Sections 94302(f) and (g), 94310 and 94312(i), Education Code.
HISTORY
1. Renumbering and amendment of former Section 18801 to Section 18800, and renumbering and amendment of former Section 18803 to Section 18801 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
2. Change without regulatory effect of subsection (c) filed 2-2-89; operative 2-2-89 (Register 89, No. 8).
Note • History
In order to implement the purpose of Education Code Section 94312(k):
(a) Any institution shall advise the student in a catalog or brochure that the institution is required by law to maintain student records for a period of only five years.
(b) Any institution shall, in the event of complete cessation of all operations, immediately retain a custodian of records and advise the superintendent of the custodian's name, address and telephone number. The institution shall arrange for the custodian to retain, for the balance remaining of five years, all those records described in Education Code Section 94312(k) along with each former student's record of attendance and academic progress.
NOTE
Authority cited: Section 94305(b), Education Code. Reference: Chapter 3 (commencing with Section 94300), Part 59, Division 10, Title 3, Education Code.
HISTORY
1. Repealer of former Section 18802 and renumbering of Section 18804 to Section 18802 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
§18803. Affiliation and Evaluation of Credit.
Note • History
(a) An institution shall not affiliate with another institution for the purpose of offering educational services or granting diplomas or degrees unless both institutions are approved or authorized under one or another of Education Code Sections 94310 or 94311, and the fact of affiliation is reported to the superintendent.
(b) An institution shall not grant diplomas or degrees solely on the basis of education taken at, or credit transferred from, another institution or institutions, or solely on noninstructional learning experiences. Diplomas and degrees may be granted on the basis of a combination of instruction and noninstructional learning experiences for which the institution details explicit rationale for the awarding of credit and systematic and vigorous method for evaluating it.
NOTE
Authority cited: Section 94305(b), Education Code. Reference: Sections 94310, 94311 and 94312(m), Education Code.
HISTORY
1. Renumbering and amendment of former Section 18803 to Section 18801, and renumbering and amendment of Section 18805 to Section 18803 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
Note • History
(a) Nothing contained in Education Code Section 94321 shall prohibit an institution and a bona fide employer from jointly advertising in “help wanted” columns of a magazine, newspaper, or other publication if all of the following conditions are met; specifically that:
(1) There is a shortage of persons with the skills advertised as wanted in the circulation area of the publication in which the advertisement appears.
(2) There is an anticipated need for persons trained in such skills at the end of the institution's regular training period for the skills.
(3) The advertisement clearly identifies the institution and the employer as separate entities and gives the complete address of both.
(4) The advertisement clearly indicates that graduation does not guarantee employment by the employer named in the advertisement.
(b) Institutions may advertise or otherwise represent the fact of holding a valid approval or authorization to operate, issued by the superintendent, but in doing so must:
(1) State that the approval or authorization “to operate” is “by the California Superintendent of Public Instruction,” or “State Superintendent Approved” or “State Superintendent Authorized” as appropriate.
(2) State that the approval is conditional or provisional, if that is the fact.
(c) Institutions may advertise or otherwise represent the fact of holding an accreditation, or of holding any approval other than by the superintendent. In so doing the representation shall be immediately followed by:
(1) The complete name of the organization or agency by which the institution is accredited or approved, except with respect to accreditation agencies recognized by the U.S. Department of Education or its successor agency in which case initials of the name may be used.
(2) The status of the accreditation or approval if less than full; and
(3) The fact, if true, that such organization or agency is not recognized by the U.S. Department of Education or its successor agency.
NOTE
Authority cited: Section 94305(b), Education Code. Reference: Section 94321(a) and (f), Education Code.
HISTORY
1. Renumbering of former Section 18804 to Section 18802, and renumbering and amendment of Section 18806 to Section 18804 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
Note • History
(a) Institutions approved or authorized pursuant to Education Code Sections 94310.2, 94310.3, and 94310.4, and 94311(d) shall, in the event of a student or applicant cancels enrollment prior to the completion of the course, promptly refund to each student the unused portions of paid tuition fees and other charges or reduce the amount due under the enrollment contract, as appropriate, in accordance with the following minimum standards:
(1) Cancellation of Contract or Enrollment. A student or applicant may cancel the contract or enrollment by notifying institution personnel of that intention. Such notice is effective when delivered or when postmarked. An institution may require a written notice of cancellation provided that such requirement is clearly detailed in the catalog and enrollment agreement.
(2) Instructional Materials. If there is to be any charge to a student or applicant for instructional materials under any circumstances whatever, the school must detail provisions, if any, for the return or recovery of the materials, and a specific price must be affixed to the items and clearly cited. Fees for instructional materials shall not be considered as “tuition fees” as used in this section.
Initial correspondence course materials shall be sent to the student within 7 working days following receipt of student enrollment, or the student may rescind the contract and shall be entitled to full refund of all monies paid.
At any time during the enrollment period, a correspondence institution shall upon written request send the balance of all course materials to any student who has paid in full under his contract. If the student has not paid in full but has paid in excess of the amount owed under paragraph (6) below, the institution shall upon written request send the student the materials paid for but not received, which will constitute full settlement of the institution's obligation to the student. In such event, the school shall remain obligated for all services to which the student is entitled.
(3) Registration Fees. An institution shall be entitled to a minimum registration fee of $25.00 with a maximum of 15 percent of the total tuition fees or $100.00, whichever is less.
(4) Three-Day Full Refund Period. Where the provisions of Education Code Section 94312(e) are not applicable, the student or applicant shall be given no less than 3 working days following the day on which enrollment was signed or effective to cancel enrollment and receive refund of all monies paid to institution or its representative, including the refund of registration and instructional materials fees, provided no classes have been attended, lessons completed, or materials used.
(5) Cancellation After Three-Day Period. Where the provisions of Education Code Section 94312(e) are not applicable, and should the student or applicant cancel enrollment more than 3 working days following the day on which enrollment was signed or effective, the institution may retain, as earned, the amount disclosed as a registration fee plus any disclosed and used instructional material costs not inconsistent with its stated policy, provided that:
(A) In resident institutions, the cancellation was made prior to the date upon which the institution is scheduled to start classes or instruction, or
(B) In correspondence institutions, the cancellation was made prior to the date on which the institution received the first completed lesson or prior to the 30th day following the date on which the student or applicant first received materials, whichever occurs first.
(6) Minimum Refund. Should a student cancel enrollment after the time period described in (a)(5)(A) of this section, whether or not he or she was in attendance, or after the time period described in (a)(5)(B) of this section, the student is entitled to a refund of fees and charges, except registration fees and costs of instructional materials consistent with the institution's stated policy, in accordance with the following refund formula:
Percent of attendance time or of
course length as related to the Minimum Amount of
total course time or length: Refund
Up to 10% 90%
10% and up to 25% 75%
25% and up to 50% 50%
50% and over No Refund
The requirements of this part do not apply to institutions operating under Education Code Section 94310. Those institutions shall develop and use a fair, equitable and positive policy of incremental refund of unused fees and other charges applicable to cancellations.
(7) Fees Which Shall be Refunded. Fees which shall be refunded are:
(A) Any fee or charge collected in error shall be repaid in full.
(B) Any charges collected from a student which the institution holds for the purpose of paying to any other public or private person, firm, organization, or agency, such as for a bond, license application or examination fees, or any similar fees or charges shall, where the student fails to enter the course or withdraws therefrom at any time prior to completion of the course, be refunded in full. Such charges are not subject to any refund if the institution has paid them prior to receipt of cancellation of a contract or enrollment.
(C) All prepaid but unearned fees and other charges paid by a student to the institution shall be refunded to the student if the institution discontinues the class or course for which the student has enrolled.
(8) Refunds to Veterans. A student enrolled under any federal or state veterans' education assistance plan may receive all the refunds of fees in accordance with the law or regulations under which the federal or state veterans' education assistance plan is operated, regardless of any limitation set forth in this section.
(9) Timely Refunds. Refunds must be made by the institution within 30 days of the cancellation.
(b) In addition to inclusion in the catalog or brochure, the institution's refund policy shall be fully, clearly and conspicuously included in each contract of enrollment.
(c) The superintendent may, at his discretion, permit exceptions to an institution's refund policy upon the institution making application to the superintendent for such exception and detailing the reasons. After consideration by the superintendent, he may deny such exception, grant the exception, or order a suitable refund policy.
NOTE
Authority cited: Section 94305(b), Education Code. Reference: Section 94312(d) and (e), Education Code.
HISTORY
1. Renumbering and amendment of former Section 18805 to Section 18803, and renumbering and amendment of Section 18809 to Section 18805 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
2. Change without regulatory effect of subsection (a) filed 2-2-89; operative 2-2-89 (Register 89, No. 8).
§18806. Advertising. [Renumbered]
Note • History
NOTE
Authority cited: Sections 94305(b) and 94321(f), Education Code. Reference: Chapter 3 (commencing with Section 94300), Part 59, Division 10, Title 3 and Section 94321(f), Education Code.
HISTORY
1. Renumbering and amendment of Section 18806 to Section 18804 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
§18807. Disclosures to Consumers. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305(b) and 94312(h), Education Code. Reference: Chapter 3 (commencing with Section 94300), Part 59, Division 10, Title 3 and Section 94312(h), Education Code.
HISTORY
1. Repealer filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
§18808. Location of Approval or Authorization.
Note • History
Authorization or approval shall be required for each principal location of an institution. Within the meaning of this section:
(a) Any location within the accreditation of an institution operating pursuant to Education Code Section 94310.1 is deemed to be a part of the authorized principal location.
(b) Any location of an institution operating pursuant to Education Code Section 94310(b) which does not offer an entire degree program is deemed to be part of the approved principal location.
(c) Any location of an institution operating pursuant to Education Code Section 94310.4 is deemed to be a part of the authorized principal location.
(d) Any location of an institution operating pursuant to Education Code Section 94311 is deemed to be a part of the approved or authorized principal location if:
(1) it is for the purpose of absorbing an enrollment overload that the principal facility cannot accommodate, or
(2) it provides for a special kind of training; provided that such facility has no independent administrative capability, is not identified in any advertising, and is not for the purpose of serving another neighborhood or clientele.
NOTE
Authority cited: Section 94305(b), Education Code. Reference: Sections 94302(k), 94310, 94311 and 94331, Education Code.
HISTORY
1. New section filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43). For history of former section, see Register 85, No. 3.
2. Change without regulatory effect of subsections (a) and (c) filed 2-2-89; operative 2-2-89 (Register 89, No. 8).
Subchapter 2. Applications and Affidavits by Institutions
Note • History
(a) Processing and review of any application or affidavit received by the superintendent shall not commence until, in the superintendent's determination, the application/affidavit is complete, all required documentation is included and complete and the required fee is received. Processing and review shall not continue until the applicant or affiant has supplied all additional information as may be requested by the superintendent.
(b) In compliance with Chapter 3 (commencing with Section 15374) of Part 6.7 of Division 3 of Title 2, Government Code, this agency, upon receiving an application/affidavit, shall inform an applicant/affiant in writing within the following maximum state working days:
(1) That such application/affidavit is incomplete or incorrect. A letter detailing the deficiencies shall be mailed or delivered within 10 days from the receipt of applications/affidavits pursuant to Education Code Sections 94310.1, 94311(a), (b), (c), 94315, and 94333, 94311(d)(3), and within 20 days from the receipt of applications/affidavits pursuant to Education Code Sections 94310.2, 94310.3, 94310.4, and 94311(d). Or,
(2) That such application/affidavit is complete, and the applicant/affiant qualifies for the status applied for. The final decision shall be rendered, and the document granting the status applied for shall be mailed or delivered within 10 days from the receipt of applications/affidavits pursuant to Education Code Sections 94310.1, 94311(a), (b), (c), 94315, 94333, and 94311(d)(3) and the procedures specified in statute shall proceed immediately upon the receipt of completed applications/affidavits pursuant to Education Code Sections 94310.2, 94310.3, 94310.4, and 94311(d). Or,
(3) That such application/affidavit is complete, but it is the intention of the superintendent to deny the status applied for.
(A) For applications/affidavits pursuant to Education Code Sections 94310.1, 94311(a), (b), (c), 94315, 94333, and 94311(d)(3), a detailing notice of intention to deny shall be mailed or delivered within 10 days from the receipt of the applications/affidavits. For applications/affidavits pursuant to Education Code Section 94311(d), a decision of intention to deny shall be rendered, and a detailing notice of intention to deny shall be mailed or delivered, within the procedural time periods specified in statute.
(B) A final decision of the superintendent shall be rendered to deny the status applied for or to abandon the denial action and grant the status applied for, and a letter of denial or the document granting the status, as applicable, shall be mailed or delivered within 190 days from the date of the superintendent's notice of intention to deny.
(c) The statutory committee visitations shall occur within 30 days from the superintendent's impaneling the committee pursuant to Education Code Sections 94310.3 and 94310.4 and within 90 days pursuant to Section 94310.2. Final committee reports shall be forwarded to the superintendent within 30 days following the on-site visitation by the committee pursuant to Sections 94310.2 and 94310.4.
(d) Any appeal arising from an alleged violation to the time periods established in this section shall be resolved by the hearing procedures described in Section 18827.
(e) Should an appeal result in a decision that the appellant's application/affidavit was not processed within the maximum time limits specified in subdivision (c), any and all fees paid with respect to that application/affidavit shall be refunded to the applicant/affiant without granting the status for which application/affidavit was made.
NOTE
Authority cited: Section 15376, Government Code. Reference: Sections 15376 and 15378, Government Code.
HISTORY
1. Renumbering and amendment of former Section 18809 to Section 18805, and renumbering of Section 18816 to Section 18809 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
2. Amendment filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
3. Change without regulatory effect of subsections (b) and (c) filed 2-2-89; operative 2-2-89 (Register 89, No. 8).
Note • History
The fees charged pursuant to Education Code Section 94331 are earned upon receipt of a complete application, affidavit or other document required by the superintendent as a condition precedent to the approval, authorization or other action for which a fee is charged.
NOTE
Authority cited: Section 94305(b), Education Code. Reference: Chapter 3 (commencing with Section 94300), Part 59, Division 10, Title 3, Education Code.
HISTORY
1. Renumbering of former Section 18817 to Section 18810 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
§18811. Consent to Inspection.
Note • History
Application by an institution for approval or authorization to operate is deemed to include the applicant's consent to inspections by representatives of the superintendent and any special committee or team members appointed under Education Code Sections 94310 and 94311. Inspections may be made of any part of the institution's operation and interviews conducted of any person or persons, determined by the superintendent as being relevant to the standards established for the approval or authorization. Under routine circumstances, as determined by the superintendent, an appointment shall be arranged in advance of visitations.
After an approval or authorization of any type is granted, consent to such inspections is deemed to continue and shall include, in addition to those inspectors described above, representatives of the California Department of Justice.
NOTE
Authority cited: Section 94305(b), Education Code. Reference: Chapter 3 (commencing with Section 94300), Part 59, Division 10, Title 3, Education Code.
HISTORY
1. Renumbering of former Section 18818 to Section 18811 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
Subchapter 3. Standards for Evaluating the Institution
Article 1. Institutions Approved Under Education Code Section 94310.2
Note • History
The following standards apply to each institution applying for approval to operate under Education Code Section 94310.2:
(a) Financial Stability. The institution shall maintain assets sufficient to ensure capability of fulfilling the specific program to enrolled students. In all instances, such assets shall be at least as great as those specified in California Education Code Section 94310.4(b) for authorized degree-granting institutions.
(b) Faculty. Faculty resources shall include personnel who possess degrees from the U.S. Department of Education or its successor agency recognized accredited institutions in the proposed degree major field(s) and in sufficient number to provide the proposed educational services.
(c) Course of Study. The educational services shall clearly relate to the proposed degree(s) objectives, be comparable in scope and sequence to minimum standards of comparable degree programs in accredited institutions recognized by the U.S. Department of Education or its successor agency, and shall, in the judgment of the visiting committee, ensure quality educational services to the degree candidate. This requirement shall not be construed to prevent the approval of innovative educational services.
(d) Facilities. Facilities must relate to the defined degree objectives. The stated educational services define the needed facilities, and the visiting committee must express a judgment that the facilities available are sufficient to ensure the student quality educational services.
(e) Degree Requirements. The specified institutional requirements for the degree(s) shall be evaluated against established standards for similar degrees in accredited institutions. The student is to be assured that the degree so approved shall not deviate substantially from all other such degrees as a mark of learning, although the processes in a particular institution may deviate markedly from those occurring in other institutional settings.
NOTE
Authority cited: Section 94305(b), Education Code. Reference: Section 94310.2, Education Code.
HISTORY
1. Renumbering and amendment of former section 18823 to section 18814 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
2. Change without regulatory effect filed 2-2-89; operative 2-2-89 (Register 89, No. 8).
3. Editorial correction of subchapter heading (Register 94, No. 9).
Article 2. Institutions Authorized Under Education Code Section 94310.3
Note • History
An institution operating pursuant to Education Code Section 94310.3 may, in addition to granting appropriate degree documents, issue a written or printed document commonly known as a transcript of the student's record of attendance and academic performance.
NOTE
Authority cited: Section 94305(b), Education Code. Reference: Chapter 3 (commencing with Section 94300), Part 59, Division 10, Title 3, Education Code.
HISTORY
1. Repealer of former Section 18815, and renumbering of Section 18825 to Section 18815 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
2. Change without regulatory effect filed 2-2-89; operative 2-2-89 (Register 89, No. 8).
Article 3. Institutions Approved Under Education Code Section 94311(d)
§18816. Objectives Subject to Approval.
Note • History
In addition to those educational services normally culminating in the awarding of a degree or diploma in a vocational, professional, educational or technological field, any instruction or training offered for the purpose of reviewing material in preparation for an examination administered to obtain a license, registration or other professional, educational, technological or vocational certification is subject to prior approval under Education Code Section 94311(d).
NOTE
Authority cited: Section 94305(b), Education Code. Reference: Chapter 3 (commencing with Section 94300), Part 59, Division 10, Title 3, Education Code.
HISTORY
1. Renumbering of former Section 18816 to Section 18809, and renumbering of Section 18827 to Section 18816 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
§18817. Standards Relating to Instructors and Administrators.
Note • History
(a) Each instructor and administrator applying for a certificate of authorization for service under Education Code Section 94311(d) must meet at least one of the following qualifications:
(1) Possession of a bachelor's degree in the field in which he is to teach from an institution listed as an institution of higher learning by the U.S. Department of Education or its successor agency, or a comparable institution of a foreign country, or the equivalent of such a bachelor's degree or an advanced degree from any such institution.
(2) Possession of a valid adult or secondary school teaching credential or certificate from this or another state authorizing the holder to teach in the field of instruction in which he is to teach at the institution applying for approval.
(3) Five years of successful experience in the profession, trade, industry, or technical occupation in the field in which he is to teach.
(4) Five years of a combination of such experience and education at the postsecondary level.
(5) Possession of a license to teach issued by an appropriate state licensing board or federal agency for the field in which he is to teach.
(6) In the opinion of the Superintendent of Public Instruction, the instructor has adequate and appropriate experience and education and demonstrates his ability to properly instruct in a particular course or subject.
(b) The superintendent shall not consider as qualified any instructor or member of the administrative staff who has pled guilty to or has been found guilty of any crime other than minor traffic offenses or has entered a plea of nolo contendere to a charge thereof, or has committed unscrupulous acts, made material misrepresentations, committed fraud, or is otherwise unfit to engage in the business of private postsecondary education, unless evidence of rehabilitation or mitigation satisfactory to the superintendent is presented. Currently effective court imposed probation is prima facie evidence of lack of rehabilitation. The offense must relate to the effectiveness of that particular person to perform as an instructor or administrator.
(c) Individuals to be added to the administrative and instructional staff shall meet the requirements of this section with personal data submitted to the superintendent. The institution shall notify the superintendent promptly when the services of members of the administrative or instructional staff are terminated or reassigned.
NOTE
Authority cited: Section 94305(b), Education Code. Reference: Sections 94311(d)(3), (d)(9) and 94312(k)(3), Education Code.
HISTORY
1. Renumbering of former Section 18817 to Section 18810, and renumbering and amendment of Section 18828 to Section 18817 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
§18818. Standards Applicable to Courses of Instruction in Massage.
Note • History
Before the superintendent issues any approval of a course or courses of instruction in massage, the following standards shall, in addition to any other applicable standards established by Title 5, California Administrative Code, be met and maintained.
(a) A school of massage shall not permit class or practice sessions of any type to continue later than 10:30 p.m. nor start earlier than 7:00 a.m.
A school of massage shall not, at the same time, operate as a massage parlor or studio. However, a school of massage may be operated simultaneously with and in the same or a contiguous building with a massage studio or parlor, provided that the facilities of the school and studio or parlor are totally separate, clearly delineated and there is neither a sharing of any portion of those respective facilities nor a direct access between them. For purposes of this paragraph, each school shall file with the superintendent a combined detailed floor plan of the school and the massage studio or parlor.
A school of massage may share facilities with a massage studio or parlor at any time, provided that a school so sharing such facilities files with the superintendent a schedule of hours during which it offers classes or practice sessions of any kind, and posts such schedule at the school en-
trance in full view of anyone who enters. Classes and practice sessions shall not be held at any other time.
(b) Any owner, director, officer, administrator, employee or student of a school, or any other person, is prohibited from performing massage of any kind upon a member of the general public while on the school premises. Students of the school may practice massage only upon an instructor or other student. A “dummy” body maybe used.
(c) Correspondence courses of instruction or a combination of correspondence and residence courses of instruction in massage shall not be approved.
(d) An application for approval shall include evidence that a business license or signed statement of exemption has been obtained by the school from the appropriate local authority.
(e) School records shall reflect actual and verifiable attendance and progress in any massage course for its entire length.
(f) A course of massage shall not be approved for less than 100 hours of instruction, which shall include, but not be limited to Anatomy, Physiology and Hygiene, Massage Theory and History, Ethics of Massage, Business Practices, and a minimum of 75 hours of Demonstration and Practice of Massage Techniques.
(g) No more than 50 percent of the total hours of massage course may be granted for previous equivalent education or training.
NOTE
Authority cited: Section 94305(b), Education Code. Reference: Chapter 3 (commencing with Section 94300) of Part 59 of Division 10, Title 3, Education Code.
HISTORY
1. Renumbering of former Section 18818 to Section 18811, and renumbering of Section 18829 to Section 18818 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
Subchapter 4. Agents
Note • History
(a) An agent's permit is required for:
(1) Any person who, at a place away from the institution or site of instruction, accepts application fees or admission fees.
(2) Any person who is employed by, or owns an interest in, the approved or authorized institution and whose primary responsibility is that of recruiting enrollment at a place away from the institution or site of instruction.
(3) Any educational contractor or broker, and a person employed by or in any way associated with such contractor or broker, who, at a place away from the institution or site of instruction, recruits students or accepts application or admission fees.
(4) Any person who receives remuneration or consideration of any kind for providing off-site recruitment services in receiving enrollment for an institution.
(b) A permit is not required for:
(1) Administrators, admissions officers, and faculty of the institution who make informational public appearances.
(2) Any person who, at a place away from the institution or site of instruction, recruits enrollment or accepts application or admission fees exclusively for the particular course or class which that person teaches.
NOTE
Authority cited: Section 94305(b), Education Code. Reference: Sections 94302(a), (b) and 94333, Education Code.
HISTORY
1. Renumbering and amendment of former Section 18833 to Section 18822 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
§18823. Standards. [Renumbered]
Note • History
NOTE
Authority cited: Section 94305(b), Education Code. Reference: Chapter 3 (commencing with Section 94300), Part 59, Division 10, Title 3, Education Code.
HISTORY
1. Renumbering and amendment of Section 18823 to Section 18814 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
Subchapter 5. Enforcement
§18825. Grounds for Denial, Revocation or Suspension of an Approval or Authorization.
Note • History
The superintendent may suspend, deny or revoke an approval, or authorization, or Certificate of Authorization for Service, whichever action is timely and appropriate, on the following grounds, as appropriate:
(a) The applicant fails to show that he, she or the proposed institution or its educational services meet the minimum applicable standards and requirements in this Division 21 or in Chapter 3 of Part 59 of Division 10 of the Education Code.
(b) The holder of a conditional or provisional approval fails to meet the requirements for a full or final approval.
(c) The holder fails to conform to any one or more of the representations contained in the application, whether initial or renewal, or fails to operate or maintain qualifications in conformance with any of the applicable standards, requirements and prohibitions in this Division 21 or in Chapter 3 of Part 59 of Division 10 of the Education Code.
(d) The affidavit or evidence submitted by the holder under applicable provisions of Education Code Section 94310.3 is untrue or inaccurate.
(e) The owner or any of the owners, members of the board of directors, officers, administrators, or instructors has pled guilty to or has been found guilty of any crime other than minor traffic offenses or has entered a plea of nolo contendere to a charge thereof, or has committed unscrupulous acts, made material misrepresentations, committed fraud, or is otherwise unfit to engage in the business of private postsecondary education, unless evidence of rehabilitation or mitigation satisfactory to the superintendent is presented. Currently effective court imposed probation is prima facie evidence of lack of rehabilitation.
Any crime, act or omission alleged as grounds for denial, suspension or revocation under this subsection must relate to the educational services of the particular institution or to the welfare of its students, or to the operation of private postsecondary institutions generally.
NOTE
Authority cited: Section 94305(b), Education Code. Reference: Sections 94302(t), 94305(d), 94310, 94311, 94312, 94330(c) and 94332(3), Education Code.
HISTORY
1. Renumbering of former Section 18825 to Section 18815, and renumbering and amendment of Section 18838 to Section 18825 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
2. Change without regulatory effect of subsection (d) filed 2-2-89; operative 2-2-89 (Register 89, No. 8).
§18826. Grounds for Denial, Revocation, or Suspension of an Agent's Permit.
Note • History
The superintendent may deny, revoke or suspend an agent's permit, whichever action is timely and appropriate, on the following grounds, as appropriate:
(a) The applicant or holder has practiced or attempted to practice any material deception or fraud in his or her application.
(b) The applicant fails to meet any of those standards and requirements for a permit as set out in Education Code Section 94333.
(c) The holder engages in that conduct prohibited by Education Code Sections 94320, 94321 or 94333.
(d) The applicant or holder has previously had, under California law or under similar laws of any other state, a permit to solicit or sell enrollments in an institution revoked.
(e) The applicant or holder has pled guilty to or has been found guilty of any crime other than minor traffic offenses or has entered a plea of nolo contendere to a charge thereof, or has committed unscrupulous acts, made material misrepresentations, committed fraud, or is otherwise unfit to engage in the business of private postsecondary education, unless evidence of rehabilitation or mitigation satisfactory to the superintendent is presented. Currently effective court imposed probation is prima facie evidence of lack of rehabilitation. The offense must relate to the effectiveness of that particular person to perform as an agent.
NOTE
Authority cited: Section 94305(b), Education Code. Reference: Sections 94302(a), (b) and 94333, Education Code.
HISTORY
1. Renumbering and amendment of former Section 18839 to Section 18826 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
Note • History
(a) Any person or institution whose application for an agent's permit, approval, authorization, or Certificate of Authorization for Service has been denied may file a request within 30 calendar days after mailing of the final notice of denial for a hearing. Such request shall be in writing and addressed to the superintendent in care of the Office of Private Postsecondary Education, 721 Capitol Mall, Sacramento, California 95814. The request shall be deemed filed upon receipt by the Office.
(b) All proceedings to determine the validity of actions to deny, suspend or revoke approvals, authorizations, Certificate of Authorization for Service, or agents' permits are governed by the Administrative Procedure Act (commencing with Section 11500 of the Government Code). The Accusation or the Statement of Issues shall be “Before the Superintendent of Public Instruction of the State of California” and filed by the Office of Private Postsecondary Education.
(c) Each case shall be heard by the hearing officer sitting alone.
NOTE
Authority cited: Section 94305(b), Education Code. Reference: Sections 94330(c), 94332(3), 94333(f) and 94339(a)(2), Education Code.
HISTORY
1. Renumbering of former Section 18827 to Section 18816, and renumbering and amendment of Section 18840 to Section 18827 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
§18828. Automatic Termination.
Note • History
(a) An approval or authorization issued by the superintendent automatically terminates when the institution ceases operation, of which fact the institution shall immediately inform the superintendent, or when the institution fails to make application for renewal or pay fees as required. An agent's permit or a Certificate of Authorization for Service terminates automatically when the holder fails to make application for renewal or pay fees as required.
NOTE
Authority cited: Section 94305(b), Education Code. Reference: Sections 94311(d), 94330, 94331 and 94333, Education Code.
HISTORY
1. Renumbering and amendment of former Section 18828 to Section 18817, and renumbering and amendment of Section 18841 to Section 18828 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
§18829. Standards Applicable to Courses of Instruction in Massage. [Renumbered]
Note • History
NOTE
Authority cited: Section 94305(b), Education Code. Reference: Chapter 3 (commencing with Section 94300), Part 59, Division 10, Title 3, Education Code.
HISTORY
1. Renumbering of Section 18829 to Section 18818 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
Article 6. Student Tuition Recovery Fund
Note • History
(a) “Prepaid.” As used in Education Code Sections 94342 and 94343 and this chapter, prepaid describes any amount of money which is paid in advance of receiving educational services or any contractual or other legal obligation to pay for such services.
(b) “Fund.” Fund refers to the Student Tuition Recovery Fund.
(c) “Tuition.” As used in Education Code Section 94343 and this chapter, tuition is the charge for instruction. In addition to tuition, charges for instructional materials and all other fees shall be included for assessment purposes.
(d) “California Resident.” As used in Education Code Section 94342 and this chapter, a California resident is one who is enrolled in an institution which is approved or authorized to operate by the superintendent. With respect to those individuals enrolled in an approved or authorized correspondence course, only those receiving lessons at a California mailing address are considered to be California residents.
NOTE
Authority cited: Section 94344, Education Code. Reference: Sections 94342 and 94343, Education Code.
HISTORY
1. New Chapter 6 (Sections 18846-18856) filed 11-21-79; effective thirtieth day thereafter (Register 79, No. 47).
2. Repealer of former Section 18831, and renumbering of Section 18846 to Section 18831 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
§18832. Institutions Subject to Assessment.
Note • History
The superintendent shall assess approved or authorized institutions which:
(a) Require or accept prepaid tuition and/or charges for instructional materials or any other fees.
(b) Enroll one or more individuals who have made a direct payment to the institution for training offered. Direct payment includes payment by an enrollee or sponsoring person, or payment from a public or private lender on behalf of the individual, but does not include scholarships, grants, subsidies, or any other income which is received by the institution directly from a public or private organization where there is no obligation for an enrollee to pay or repay either the funding organization or the institution.
NOTE
Authority cited: Section 94344, Education Code. Reference: Sections 94342 and 94343, Education Code.
HISTORY
1. Repealer of former Section 18832, and renumbering of Section 18847 to Section 18832 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
Note • History
Assessments will be based on the total number of California resident enrollees who have made direct payments to an institution, as specified in Section 18832, for training offered during the assessment period. An enrollee, as used in this section, refers to an individual who attends at least one class, or who remains enrolled beyond the 3 day cooling-off period as defined in Section 18805(a)(4). An assessment of ten cents per one hundred dollars shall apply to the actual price charged for tuition and for instructional materials and all other fees at the time of enrollment, regardless of the amount which is prepaid, except that, for courses costing less than one hundred dollars, the assessment shall be five cents.
NOTE
Authority cited: Section 94344, Education Code. Reference: Sections 94342 and 94343, Education Code.
HISTORY
1. Renumbering and amendment of former Section 18833 to Section 18822, and renumbering of Section 18848 to Section 18833 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
2. Change without regulatory effect (Register 87, No. 30).
Note • History
An assessment is payable after the 3 day cooling-off period. However, under routine circumstances, as determined by the superintendent, assessments will be paid on a quarterly basis.
In the event of school closure, unpaid assessments shall be remitted to the superintendent within 5 working days following cessation of instruction.
NOTE
Authority cited: Section 94344, Education Code. Reference: Sections 94342 and 94343, Education Code.
HISTORY
1. Renumbering of former Section 18849 to Section 18834 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
Note • History
An institution may elect to pay an assessment of two dollars per enrollee during any assessment period, which is the maximum assessment specified in Education Code Section 94343, rather than pay the authorized rate of one tenth of one percent. The institution shall not charge a student an amount greater than that paid to the superintendent per enrollee.
NOTE
Authority cited: Section 94344, Education Code. Reference: Sections 94342 and 94343, Education Code.
HISTORY
1. Renumbering of former Section 18850 to Section 18835 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
§18836. Enrollee Assessment Refund.
Note • History
The amount paid as a tuition assessment shall be refunded to a student only if enrollment is cancelled within the 3 day cooling-off period in accordance with Section 18805(a)(4). Otherwise the amount paid as a tuition assessment is retainable and payable to the superintendent.
NOTE
Authority cited: Section 94344, Education Code. Reference: Sections 94342 and 94343, Education Code.
HISTORY
1. Renumbering of former Section 18851 to Section 18836 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
2. Change without regulatory effect (Register 87, No. 30).
§18837. Application for Payment from the Fund.
Note • History
The superintendent shall consider a request for payment providing the applicant:
(a) Is a California resident.
(b) Is enrolled in an institution which has met the criteria specified in Section 18832 for participating in the fund and which has ceased operation, as determined by the superintendent.
(c) Has made a direct payment to an institution for training, s specified in Section 18832.
(d) Has unused prepaid tuition to his or her credit. Unused, as used in this subsection and Section 18838, refers to that portion of instruction and related goods and services never received as a result of school closure but for which direct payment of prepaid tuition has been made. With respect to any goods received, only those which are not useful independently of the instruction may be considered.
(e) Has requested settlement from the closing institution which has not been resolved to the applicant's satisfaction.
(f) Makes application within 60 days following the date the institution ceases operation.
NOTE
Authority cited: Section 94344, Education Code. Reference: Section 94342, Education Code.
HISTORY
1. Renumbering and amendment of former Section 18852 to Section 18837 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
2. Change without regulatory effect of subsections (b)-(d) filed 2-2-89; operative 2-2-89 (Register 89, No. 8).
§18838. Payments from the Fund.
Note • History
(a) The superintendent shall conduct such investigation and verification as deemed necessary to establish the validity of an application for payment or to deny an application.
(b) Any payment from the fund shall be for the entire amount of unused prepaid tuition as determined by the superintendent, minus any actual or forthcoming refund from any other source.
NOTE
Authority cited: Section 94344, Education Code. Reference: Section 94342, Education Code.
HISTORY
1. Renumbering and amendment of former Section 18838 to Section 18825, and renumbering and amendment of Section 18853 to Section 18838 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
§18839. Alternative Method for Exemption from Participation in the Fund.
Note • History
The superintendent shall exempt any institution from participating in the fund which maintains an acceptable alternative method of protecting students. An institution is responsible for paying assessments until an exemption is granted. Plans should be submitted at least ninety days prior to the starting date of an assessment period to be considered as exempt from that and future assessment periods. An acceptable alternative plan shall satisfy the following criteria:
(a) Respect individual choice and allow for financial settlement when a teach-out is neither acceptable, reasonable, nor convenient to the student.
(b) Provide for settlement regardless of reason for school closure.
(c) Describe an application process, define the criteria for evaluating claims, and outline an appeals process.
(d) Establish an adequate fund immune from creditor claims for purpose of payment of claims.
(e) Specify whether financial settlement, if applicable, is limited in any respect.
Participation in an acceptable alternative plan shall not be terminated until an institution has made its initial payment into the fund.
NOTE
Authority cited: Section 94344, Education Code. Reference: Section 94343, Education Code.
HISTORY
1. Renumbering and amendment of former Section 18839 to Section 18826, and renumbering and amendment of Section 18854 to Section 18839 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
§18840. Notification of Enrollees.
Note • History
The institution shall expressly inform each enrollee about the details of the fund or of the institution's own alternative fund at the time of enrollment on forms prescribed by the superintendent.
NOTE
Authority cited: Section 94344, Education Code. Reference: Sections 94342 and 94343, Education Code.
HISTORY
1. Renumbering and amendment of former Section 18840 to Section 18827, and renumbering of Section 18855 to Section 18840 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
§18841. Automatic Termination. [Renumbered]
History
HISTORY
1. Renumbering and amendment of Section 18841 to Section 18828 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
§18846. Definitions. [Renumbered]
Note • History
NOTE
Authority cited: Section 94344, Education Code. Reference: Sections 94342 and 94343, Education Code.
HISTORY
1. Renumbering of Section 18846 to Section 18831 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
§18847. Institutions Subject to Assessment. [Renumbered]
Note • History
NOTE
Authority cited: Section 94344, Education Code. Reference: Sections 94342 and 94343, Education Code.
HISTORY
1. Renumbering of Section 18847 to Section 18832 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
§18848. Assessment Base. [Renumbered]
Note • History
NOTE
Authority cited: Section 94344, Education Code. Reference: Sections 94342 and 94343, Education Code.
HISTORY
1. Renumbering of Section 18848 to Section 18833 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
§18849. Due Date. [Renumbered]
Note • History
NOTE
Authority cited: Section 94344, Education Code. Reference: Sections 94342 and 94343, Education Code.
HISTORY
1. Renumbering of Section 18849 to Section 18834 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
§18850. Maximum Assessment. [Renumbered]
Note • History
NOTE
Authority cited: Section 94344, Education Code. Reference: Sections 94342 and 94343, Education Code.
HISTORY
1. Renumbering of Section 18850 to Section 18835 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
§18851. Enrollee Assessment Refund. [Renumbered]
Note • History
NOTE
Authority cited: Section 94344, Education Code. Reference: Sections 94342 and 94343, Education Code.
HISTORY
1. Renumbering of Section 18851 to Section 18836 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
§18852. Application for Payment from the Fund. [Renumbered]
Note • History
NOTE
Authority cited: Section 94344, Education Code. Reference: Sections 94342 and 94343, Education Code.
HISTORY
1. Renumbering and amendment of Section 18852 to Section 18837 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
§18853. Payments from the Fund. [Renumbered]
Note • History
NOTE
Authority cited: Section 94344, Education Code. Reference: Sections 94342 and 94343, Education Code.
HISTORY
1. Renumbering and amendment of Section 18853 to Section 18838 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
§18854. Exempted Institutions. [Renumbered]
Note • History
NOTE
Authority cited: Section 94344, Education Code. Reference: Sections 94342 and 94343, Education Code.
HISTORY
1. Renumbering and amendment of Section 18854 to Section 18839 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
§18855. Notification of Enrollees. [Renumbered]
Note • History
NOTE
Authority cited: Section 94344, Education Code. Reference: Sections 94342 and 94343, Education Code.
HISTORY
1. Renumbering of Section 18855 to Section 18840 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
§18856. Administration of the Fund. [Repealed]
Note • History
NOTE
Authority cited: Section 94344, Education Code. Reference: Sections 94342 and 94343, Education Code.
HISTORY
1. Repealer filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
Chapter 22. Veterans Education [Repealed]
HISTORY
1. Repealer of Chapter 22 (subchapters 1-3, sections 19300-19345) filed 7-31-84; effective thirtieth day thereafter (Register 84, No. 31). For prior history, see Register 77, No. 39.
Chapter 23. Miscellaneous Provisions
Subchapter 1. Instructional Television
Article 1. Classroom Instructional Television
Note • History
This article relates to instructional television as established pursuant to Education Code Sections 41920, 51870 and 51871.
NOTE
Authority cited for Chapter 1: Sections 33031 and 51874, Education Code. Issuing agency: Superintendent of Public Instruction.
HISTORY
1. New Chapter 1 (§§ 19500-19509) filed 12-18-69; effective thirtieth day thereafter (Register 69, No. 51).
2. Repealer of Chapter 1 (§§ 19500-19509) and new Chapter 1 (§§ 19500-19506) filed 1-23-76; effective thirtieth day thereafter (Register 76, No. 4).
3. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
History
As used in Education Code Sections 41920, 51870 and 51871, and in these regulations:
(a) “Instructional Television,” “Educational Television,” and “Television Broadcasts” mean television programs used as integral parts of the instructional program included in the course of study adopted by the proper authority.
(b) “Pupils of the district present in the classroom and instructed by such instructional television programs,” means students who are members of at least one class in which instructional television meeting the requirements of this article is provided pursuant to the provisions of Education Code Sections 51870 and 51871.
(c) “Closed-Circuit Instructional Television,” and “Instructional Television Fixed Service” (2500 megahertz) refer to an instructional television facility which includes a central distribution system.
(d) A “production agency” is the agency which produces any instructional television programs.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§19502. Application for Approval.
History
A school district, pursuant to Education Code Section 51871, or county superintendent of schools, pursuant to Education Code Section 51870, shall apply to the Superintendent of Public Instruction for approval of a plan to procure television broadcasts or closed-circuit television programs. The application shall be on a form supplied by the Superintendent of Public Instruction and shall be filed before June 1 of the school year preceding the year to which the plan applies.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§19503. School District Claim for Allowance.
History
(a) Between July 1 and August 1 following the close of the school year in which a school district participated in a program for instructional television pursuant to Education Code Section 51871, the district, using a form supplied by the Superintendent of Public Instruction, shall file with the county superintendent a claim for allowance. The claim for allowance shall designate the school year in which the program was conducted and shall include certification that:
(1) The Superintendent of Public Instruction approved the district plan to provide instructional television services during the designated school year, and that the plan was carried out.
(2) The claimant will continue to provide for instructional television during the school year following the designated year.
(3) The instructional television services certified in (1) were an integral part of the course of study approved by the proper authority.
(4) The number of pupils of the district present in the classroom and instructed by such television programs during the designated school year pursuant to this article is the number shown on the claim. (No pupil shall be counted more than once per school year.)
(5) The total cost (exclusive of capital outlay expenditures) to the district for providing such instructional television programs is the cost shown on the claim.
(b) As soon as possible after receipt of the completed district claim for allowance, but not later than August 15 of that year, the county superintendent shall review, approve, and forward it to the Superintendent of Public Instruction.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
§19504. County Superintendent's Claim for Allowance.
History
Between July and August 15 following the close of the school year, a county superintendent shall file with the Superintendent of Public Instruction a claim for allowance for television services which he provided pursuant to Education Code Section 51870 during the school year just closed to schools and classes that he maintained. The claim shall be on the form and certified as specified in Section 19503.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Any instructional television program shall be planned or selected by the school district or by the county superintendent of schools in cooperation with participating school districts or county superintendents of schools.
The county superintendent or the governing board of the school district shall make available to teachers or students who are to use any television program in the educational program of such school, appropriate guides and/or related printed material for use with such program in advance of the showing of such program.
Subchapter 2. California Maritime Academy [Repealed] *
HISTORY
1. Repealer of subchapter 2 (Section 19530) filed 12-23-74; effective thirtieth day thereafter (Register 74, No. 52). For prior history, see Register 69, No. 51.
*See Division 7, Title 5, Administrative Code.
Subchapter 3. Surplus Property
Article 1. Direct Shipment of Food Commodities
§19540. Direct Shipment of Commodities Donated by the United States Department of Agriculture.
Note • History
Any party electing to take direct delivery of food commodities from the U.S. Department of Agriculture pursuant to Section 12114 of the Education Code, must demonstrate that party's capability for the proper handling, storage, and distribution of such food, in accordance with Title 7 of the Code of Federal Regulations, Chapter II, Subchapter B, Part 250.6
(o) Personnel,
(p) Facilities,
(q) Records,
(r) Reports,
(s) Right of inspection and audit,
(t) Complaints, and
(u) Demurrage.
The quantity of commodities to be made available for direct shipment shall be determined in accordance with Title 7 of the Code of Federal Regulations, Chapter II, Subchapter B, Part 250.4.
Consignees of carload shipments shall completely unload from such cars, at their expense, all dunnage, debris, or other foreign matter connected with the inbound shipment so as to return rail freight cars to the carrier in a condition for loading by another shipper without further unloading.
Demurrage or other charges which accrue after a car or truck has been placed for unloading by the delivering carrier, or which accrue because placement of a car or truck is prevented, shall be borne by the recipient agency, except that demurrage or other charges shall be borne by the U.S. Department of Agriculture where such charges accrue because of actions by the Department of Agriculture and without the fault or negligence of the recipient agency.
When recipient agencies elect to take direct delivery of commodities from the U.S. Department of Agriculture, commodities will no longer be made available to them from the state agency.
NOTE
Authority cited for Chapter 3: Section 12114, Education Code.
HISTORY
1. New section filed 5-18-71 as an emergency; effective upon filing (Register 71, No. 21).
2. Certificate of Compliance--Sec. 11422.1, Gov. Code, filed 7-8-71 (Register 71, No. 28).
3. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
Subchapter 4. Performance Based Accountability System
Note • History
For the purpose of local education agency data collection and reporting under the Performance Based Accountability (PBA) System established pursuant to Unemployment Insurance Code Section 15037.1, the following terms shall have these meanings:
(a) “Participant” means a student who is enrolled in a work force preparation program who authorizes the release of his or her social security number and other personal information for use in the PBA System as specified on the PBA Privacy Notice and Student Consent Form (June 1998).
(b) “PBA System” means the comprehensive performance based accountability system established pursuant to Unemployment Insurance Code Section 15037.1 as an education and job training report card program to assess the accomplishments of California's work force preparation system.
(c) “PBA Privacy Notice and Student Consent Form (June 1998)” means the form required by Unemployment Insurance Code Section 15037.1(e), as modified by the Superintendent of Public Instruction pursuant to Unemployment Insurance Code Section 15037.1(f), which is to be distributed to all students enrolled in work force preparation programs operated by local education agencies and which informs students of the purposes and authority for soliciting the student's social security number, the student's right to consent or decline to participate, and the types of personal information about each student who authorizes release of the data that will be provided to the California Department of Education for transmission to the State Job Training Coordinating Council (SJTCC) or its agent for use in the PBA System.
(d) “PBA Student Data Profile (June 1998)” means the report of personal information on each student who agrees to participate in the PBA System that is submitted to the California Department of Education for transmission to the SJTCC or its agent. In addition to name, birth date, gender, social security number, and the dates of enrollment in and departure from the work force preparation program, the PBA Student Data Profile (June 1998) will report the following information, as defined, on each participant:
(1) “Amount of service/training” means the number of hours of instruction or training completed by the participant while enrolled in the work force preparation program.
(2) “Basic skills deficient” means the participant is an individual (other than one with disabilities)
(A) who demonstrates basic skills equivalent to or below that of students at the fifth grade level; or
(B) has been placed in the lowest or beginning level of an adult education program when that program does not use grade level equivalencies as a measure of student's basic skills.
(3) “Disability status” means whether the participant
(A) has been evaluated according to special education requirements contained in Part 30 (commencing with Section 56000) and meets eligibility criteria described in Section 56026 of the Education Code; or
(B) is considered disabled under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794).
(4) “Dislocated worker” means an individual who
(A) has been terminated or laid off or has received a notice of termination or layoff from employment, is eligible or has exhausted his or her entitlement to unemployment compensation, and is unlikely to return to his or her previous industry or occupation; or
(B) has been terminated or received a notice of termination of employment as a result of any permanent closure of or any substantial layoff at a plant, facility, or enterprise; or
(C) is long-term unemployed and has limited opportunities for employment or reemployment in the same or a similar occupation in the area in which he or she resides, including older individuals who may have substantial barriers to employment by reason of age; or
(D) was self-employed (including farmers and ranchers) and is unemployed as a result of general economic conditions in the community in which he or she resides or because of natural disasters.
(5) “Displaced homemaker” means an individual who
(A) is an adult; and
(B) has worked as an adult primarily without remuneration to care for the home and family, and for that reason has diminished marketable skills; and
(C) is one of the following:
1. has been dependent on public assistance or on the income of a relative but is no longer supported by that income; or
2. is a parent whose youngest dependent child will become ineligible to receive assistance under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code (known as “CalWORKS”) or any successor program, within two (2) years of the parent's enrollment in this work force preparation program; or
3. is unemployed or under employed and is experiencing difficulty in obtaining any employment or suitable employment as appropriate; or
4. is described in (A) and (B) of this definition and is a criminal offender.
(6) “Economically disadvantaged” means an individual who:
(A) is eligible for aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code (known as “CalWORKS”), or any successor program; or
(B) is eligible for benefits under the Food Stamp Act of 1977 (7 U.S.C. § 2011); or
(C) meets financial eligibility standards for the MediCal Program as established in Chapter 7 of the Welfare and Institutions Code (commencing with Section 14000); or
(D) is eligible for participation in programs assisted under Title II of the Job Training Partnership Act (29 U.S.C. § 1603).
(7) “Education attainment at program entry” means the number of years of formal schooling an individual completed prior to entry into the work force preparation program.
(8) “Ethnicity” means the ethnic category which most closely reflects the individual's recognition in the community. The categories to be collected are:
(A) American Indian or Alaska Native: a person having origins in any of the original peoples of North America and who maintains cultural identification through tribal affiliation or community recognition.
(B) Asian: a person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent.
(C) Pacific Islander: a person having origins in any of the original peoples of the Polynesian, Micronesian, or Melanesian islands (excludes the Philippine Islands).
(D) Filipino: a person having origins in any of the original peoples of the Philippine Islands.
(E) Hispanic: a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin--regardless of race.
(F) Black, not of Hispanic Origin: a non-Hispanic person having origins in any of the Black racial groups of Africa.
(G) White, not of Hispanic Origin: a non-Hispanic person having origins in any of the original peoples of Europe, North Africa, or the Middle East; e.g., England, Portugal, Egypt, and Iran.
(9) “Learner results” means outcomes from participating in the work force preparation program which include, but are not limited to, the following: received a certificate of completion, competency, or employability; obtained full-time employment; received a promotion in current employment situation; upgraded skills for current employment; enrolled in a community college; enrolled in a four-year college or university; entered advance training at an institution other than higher education; and entered an apprenticeship program.
(10) “Limited-English-proficient” means an individual
(A)1. whose native language is a language other than English; or
2. who came from an environment where a language other than English is dominant; or
3. who is an American Indian or an Alaskan Native and came from an environment where a language other than English had a significant impact on his or her level of English language proficiency; and
(B) who by reason thereof, has sufficient difficulty speaking, reading, writing, or understanding the English language to deny the individual the opportunity to learn successfully in classrooms where the language of instruction is English or to participate fully in our society.
(11) “Non-traditional training” means education or training to prepare the student for employment in an occupational area in which twenty-five (25) percent or fewer of the job holders are the same sex as the student.
(12) “Program completer” means an individual who has completed a work force preparation program and has been granted a certificate of completion, competency, or employability.
(13) “Program leaver” means an individual who enrolled in a work force preparation program and who attended 20 or more course hours but discontinued attendance without completing the program requirements.
(14) “Reasons for leaving prior to completion” includes but is not limited to the following: obtained employment, moved from area, schedule conflict, transportation problems, child care needs, family issues, personal health problems, lack of interest, public safety concerns, administratively separated from program.
(15) “Type of service” means the services received while in the work force preparation program. The term includes but is not limited to the following:
1. assessment/counseling
2. personal development training
3. counseling/career development
4. job development/job search assistance
5. occupational skills training
6. on-the-job training
7. work experience
8. pre-employment skills/job readiness training.
(16) “Type of training” means one or more of the work force preparation programs offered by regional occupational centers/programs or adult education programs.
(17) “Veteran status” means whether the student is an individual who has served in the armed forces of this country for at least 181 consecutive days since January 31, 1995, and who has been discharged or released under conditions other than dishonorable, but does not include any person who served only in auxiliary or reserve components of the armed forces whose services therein did not exempt him or her from the operation of the Selective Training and Services Act of 1940 (54 Stat. 885).
(e) “Work force preparation program” means a course of study which has as its primary goal the development of knowledge and skills that enable the student to obtain paid employment upon the successful completion of the course of study, and includes
(1) vocational education or training offered by an adult school or program operated by a school district or county office of education, or by regional occupational centers or programs, which require a student to attend classes a minimum of ten (10) hours a week for regional occupational centers or programs or twelve (12) hours a week for adult schools or programs while completing the course requirements and which provide a certificate of completion, competency, or employability upon the successful completion of the course; and
(2) apprenticeship programs in which a person has entered into an “apprentice agreement” with an employer or program sponsor; and the term of the apprenticeship for each apprenticeable occupation has been approved by the Chief of the Division of Apprenticeship Standards, Department of Industrial Relations, and provides for no less than 2,000 hours of reasonably continuous employment for the apprentice and provides for his or her participation in an approved program of training through employment and through education in related and supplemental subjects.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 56026, Education Code; Section 15037.1, Unemployment Insurance Code; Sections 11200 and 14000, Welfare and Institutions Code; Section 2011, U.S. Code Title 17; and Sections 794 and 1603, U.S. Code Title 29.
HISTORY
1. New subchapter 4 (sections 19600-19601) and section filed 7-3-98 as an emergency; operative 7-3-98 (Register 98, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-2-98 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 7-3-98 order transmitted to OAL 10-13-98 and filed 11-23-98 (Register 98, No. 48).
§19601. PBA System Reporting Procedures.
Note • History
(a) All students who enroll in any work force preparation program as defined in subdivision (e) of Section 19600 that is offered by school districts, county offices of education, or regional occupational centers/programs shall be provided a copy of the PBA Privacy Notice and Student Consent Form (June 1998) at the time of enrollment.
(b) The work force preparation program administrator, or his or her designee, shall obtain from each enrolled student a signed PBA Privacy Notice and Student Consent Form (June 1998) that indicates the student's choice of whether to authorize or not authorize release of his or her social security number and other personal data to the California Department of Education for transmission to the SJTCC or its agent for use in the PBA System. If any student declines to sign the PBA Privacy Notice and Student Consent Form (June 1998), the program administrator, or his or her designee, shall fill in the student's name and, in the space for student signature, write “declined” or words to that effect.
(c) For each student who agrees to participate in the PBA System, and who has attended classes for 20 or more course hours, the work force preparation program administrator, or his or her designee, shall compile the information required on the PBA Student Data Profile (June 1998).
(d) On or before August 31 of each year, the superintendent of the school district or county office of education, or the administrator of the regional occupational center/program, or his or her designee, shall report the personal information required on the PBA Student Data Profile (June 1998) for each student enrolled in the prior school year who has agreed to participate in the PBA System and shall certify to the best of his or her knowledge and belief that the information being reported is accurate and complete.
(e) Each signed PBA Privacy Notice and Student Consent Form (June 1998), whether the student authorized or did not authorize release of personal data, shall be retained by the school district, county office of education, or regional occupational center/program pursuant to the requirements of the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) and Chapter 6.5 of Part 27 (commencing with section 49060) of the California Education Code.
NOTE
Authority cited: Section 33031, Education Code. Reference: Section 49060, Education Code; Section 15037.1, Unemployment Insurance Code; Sections 11200 and 14000, Welfare and Institutions Code; and Section 1232g, U.S. Code Title 20.
HISTORY
1. New section filed 7-3-98 as an emergency; operative 7-3-98 (Register 98, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-2-98 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 7-3-98 order transmitted to OAL 10-13-98 and filed 11-23-98 (Register 98, No. 48).
Chapter 24. Library Services Provided by the State [Renumbered]
NOTE
Authority cited for Chapter 1: Sections 19304 and 19320, Education Code. Issuing agencies: State Board of Education and Superintendent of Public Instruction. Reference: Sections 19320 and 19330, Education Code.
HISTORY
1. Editorial renumbering of Chapter 2, Subchapter 1, to Division 24, Chapter 1 (Register 69, No. 51). For prior history see Register 66, No. 2.
2. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Amendment of subsection (c) filed 5-5-82; effective thirtieth day thereafter (Register 82, No. 19).
4. Editorial renumbering of Division 1, Chapter 24 (sections 20000-20400) to Division 2, Chapter 1, and editorial renumbering of former Division 2, Chapter 1 (Sections 20410-20426) to new Division 2, Chapter 2 (Register 2001, No. 45). For prior history, see Register 90, No. 50.
Division 1.5. Education Audit Appeals Panel
Chapter 1. General Provisions
Note • History
The following definitions shall apply to these regulations:
(a) “Final audit report” means:
(1) for an annual audit conducted pursuant to Education Code Section 41020, the report that has been accepted by the Controller pursuant to Education Code Section 14504, and
(2) for any other audit or review conducted by or for a governmental agency that includes one or more apportionment significant exceptions requiring repayment, the report issued following an opportunity to provide a written response to a draft report;
(b) “Panel” means the Education Audit Appeals Panel.
(c) “Parties to the appeal” means the local education agency that is pursuing an appeal to the Panel, the Controller, and any applicant(s) allowed to intervene pursuant to Government Code Section 11440.50.
(d) “Summary review” means the voluntary, informal, summary appeals process set forth in Education Code Section 41344.1(d).
NOTE
Authority cited: Section 41344.1, Education Code. Reference: Sections 14504, 41020, 41344 and 41344.1, Education Code.
HISTORY
1. New section filed 5-10-2004; operative 5-10-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 20).
§19801. Quorum; Majority Vote; Limitations on Public Comments.
Note • History
(a) A quorum shall be two of the three members then constituting the Panel.
(b) All decisions of the Panel shall be by majority vote of the three members then constituting the Panel.
(c) Public comment on each item of a Panel agenda shall be limited to 3 minutes per speaker, provided that the Panel may extend this limit by a uniform amount per speaker.
NOTE
Authority cited: Section 41344.1, Education Code. Reference: Section 41344.1, Education Code.
HISTORY
1. New section filed 5-10-2004; operative 5-10-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 20).
§19802. Education Audit Appeals Panel -- Conflict of Interest Code.
Note • History
The Political Reform Act, Government Code Section 81000, et seq., requires each state and local government agency to adopt and promulgate a conflict of interest code. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs., Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of 2 Cal. Code of Regs., Section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix in which members and employees are designated and disclosure categories are set forth, and the place of filing is specified, shall constitute the conflict of interest code of the Education Audit Appeals Panel (agency).
Designated employees shall file statements of economic interests with the agency, which shall make the statements available for public inspection and reproduction. Upon receipt of the statements of the members of the Panel or their designees and of the Executive Officer, the agency shall make and retain copies of the statements and send the originals to the Fair Political Practices Commission.
NOTE
Authority cited: Section 87300, Government Code. Reference: Sections 87300-87302 and 87306, Government Code.
HISTORY
1. New division 1.5 and chapter 1 (section 19802) and new section and Appendix filed 3-11-2004; operative 4-10-2004. Approved by Fair Political Practices Commission 12-8-2003. Submitted to OAL for printing only (Register 2004, No. 11).
2. Amendment of Appendix filed 6-5-2007; operative 7-5-2007. Approved by Fair Political Practices Commission 4-30-2007 (Register 2007, No. 23).
Appendix
Designated Positions Disclosure Category
Members of the Panel (includes designees) I
Executive Officer I
Employees in all legal classifications I
Employees in Staff Services Analyst and Associate
Governmental Program Analyst positions who may
affect decisions regarding equipment, goods, or services I
All contracted consultants *
Disclosure Category I:
Persons in this category must report all investments, business positions, and income, including gifts, loans, and travel payments, from sources that provide leased facilities, goods, equipment, vehicles, machinery, or services, including training or consulting services, of the type utilized by the Education Audit Appeals Panel, as well as all sources of income, excluding salary, from local education agencies authorized in statute to pursue appeals before the Education Audit Appeals Panel.
*Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation:
The Executive Officer may determine in writing that a particular consultant, although in a “designated position,” is hired to perform a range of duties that is limited in scope and hence is not required to comply fully with the disclosure requirements described in this section. Such determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive Officer's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.
Chapter 2. Summary Review; Appeals
§19803. Request for Summary Review Filing; Form of Request for Summary Review; Withdrawal of Request for Summary Review.
Note • History
(a) To request summary review, a local education agency shall, within 30 days of receipt of the final audit report, file a written Request for Summary Review with the Executive Officer of the Panel and shall:
(1) identify each finding for which summary review is requested; and
(2) set forth the basis for the local education agency's claim, as to each disputed finding, that it was in substantial compliance, as set forth in Education Code Section 41344.1(c).
(b) A local education agency may withdraw a Request for Summary Review at any time prior to issuance of a determination by notifying the Executive Officer of the Panel in writing.
NOTE
Authority cited: Section 41344.1, Education Code. Reference: Section 41344.1, Education Code.
HISTORY
1. New chapter 2 (sections 19803-19805) and section filed 5-10-2004; operative 5-10-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 20).
§19804. Appeal Filing; Form of Notice of Appeal; Withdrawal of Appeal.
Note • History
(a) To present an appeal to the Panel, a local education agency shall, within 60 days of receipt of the final audit report or within 30 days of receipt of the determination of a summary review, file a written Notice of Appeal with the Executive Officer of the Panel, identifying each finding being appealed:
(b) A local education agency may withdraw an appeal at any time prior to issuance of a decision by the Panel. The local education agency shall give prompt written notice of the withdrawal:
(1) to the Executive Officer of the Panel,
(2) if the appeal is pending before the Office of Administrative Hearings,
(A) to the administrative law judge assigned responsibility for the matter, or
(B) if the matter has not been assigned to a particular administrative law judge, to the Director of the Office of Administrative Hearings, and
(3) to all parties to the appeal.
NOTE
Authority cited: Section 41344.1, Education Code. Reference: Sections 41344 and 41344.1, Education Code.
HISTORY
1. New section filed 5-10-2004; operative 5-10-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 20).
Note • History
Government Code Section 11440.50, concerning intervention, grant of motion, and conditions, shall apply to appeal proceedings of the Panel.
NOTE
Authority cited: Section 41344.1, Education Code. Reference: Section 41344.1, Education Code.
HISTORY
1. New section filed 5-10-2004; operative 5-10-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 20).
Chapter 3. Audits of California K-12 Local Education Agencies
Article 1. General Provisions
Note • History
These regulations constitute the audit guide, Standards and Procedures for Audits of California K-12 Local Educational Agencies, that shall be used in the performance of the audits required by Education Code Section 41020. These regulations do not provide a complete manual of procedures; auditors must exercise professional judgment.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New chapter 3 (articles 1-3, sections 19810-19831), article 1 (sections 19810-19811) and section filed 3-15-2004 as an emergency; operative 3-15-2004 (Register 2004, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-13-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-15-2004 order transmitted to OAL 5-6-2004 and filed 6-23-2004 (Register 2004, No. 26).
§19811. Qualifications of Auditors.
Note • History
(a) Each audit shall be made by a certified public accountant or a public accountant, licensed by the California Board of Accountancy, and selected by the local education agency from a directory of certified public accountants and public accountants deemed by the Controller as qualified to conduct audits of local education agencies published by the Controller not later than December 31 of each year.
(b) Except as provided in subdivision (d) of Education Code Section 41320.1, it is unlawful for a public accounting firm to provide audit services to a local educational agency if the lead audit partner, or coordinating audit partner, having primary responsibility for the audit, or the audit partner responsible for reviewing the audit, has performed audit services for that local educational agency in each of the six previous fiscal years. The Education Audit Appeals Panel may waive this requirement if the panel finds that no otherwise eligible auditor is available to perform the audit.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Section 41020, Education Code.
HISTORY
1. New section filed 3-15-2004 as an emergency; operative 3-15-2004 (Register 2004, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-13-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-15-2004 order transmitted to OAL 5-6-2004 and filed 6-23-2004 (Register 2004, No. 26).
Note • History
Audits shall be conducted in accordance with auditing standards generally accepted in the United States of America, the standards set forth in Government Auditing Standards issued by the Comptroller General of the United States, and the provisions of this chapter.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14501, 14503 and 41020, Education Code.
HISTORY
1. New article 2 (sections 19812-19814) and section filed 3-15-2004 as an emergency; operative 3-15-2004 (Register 2004, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-13-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-15-2004 order transmitted to OAL 5-6-2004 and filed 6-23-2004 (Register 2004, No. 26).
3. Amendment moving section 19812 from article 2 to article 1 filed 6-9-2006; operative 6-9-2006 (Register 2006, No. 23).
§19813. Materiality Levels for Compliance Auditing.
Note • History
Each program for which Average Daily Attendance is reported to the California Department of Education for apportionment purposes must be audited for compliance with specific requirements of law, as further set forth in this article, if the number of units of Average Daily Attendance reported is material as shown in the following table:
Local Education Agency's Total Number of ADA
Reported Average Daily Constituting Materiality
Attendance (ADA) for Each Program
1 - 1,000 10 or more
1,001 - 2,500 20 or more
2,501 - 10,000 50 or more
More than 10,000 100 or more
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 3-15-2004 as an emergency; operative 3-15-2004 (Register 2004, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-13-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-15-2004 order transmitted to OAL 5-6-2004 and filed 6-23-2004 (Register 2004, No. 26).
3. Amendment of subsections (e) and (e)(2) filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 5-6-2005 order transmitted to OAL 5-24-2005 and filed 6-20-2005 (Register 2005, No. 25).
5. Renumbering of section 19813 to section 19815 and renumbering of section 19815 to section 19813 filed 6-9-2006; operative 6-9-2006 (Register 2006, No. 23).
Note • History
For each state compliance requirement, the auditor shall follow the procedures included in this audit guide, unless, in the exercise of his or her professional judgment, the auditor determines other procedures are more appropriate in particular circumstances.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14503 and 41020, Education Code.
HISTORY
1. New section filed 3-15-2004 as an emergency; operative 3-15-2004 (Register 2004, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-13-2004 or emergency language will be repealed by operation of law on the following day.
2. Amendment of subsections (e) and (l) filed 6-17-2004 as an emergency; operative 6-17-2004 (Register 2004, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-15-2004 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-15-2004 order, including amendment of subsection (e), transmitted to OAL 5-6-2004 and filed 6-23-2004 (Register 2004, No. 26).
4. Change without regulatory effect amending subsection (e) filed 6-30-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 27).
5. Amendment of subsections (e) and (l) refiled 9-30-2004 as an emergency; operative 10-16-2004 (Register 2004, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-14-2005 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 9-30-2004 order, including further amendment of subsection (e), transmitted to OAL 12-9-2004 and filed 1-19-2005 (Register 2005, No. 3).
7. Amendment of first paragraph, redesignation and amendment of second paragraph of subsection (e) as subsection (e)(1), new subsection (e)(2) and amendment of subsection (l) filed 2-10-2005 as an emergency; operative 2-10-2005 (Register 2005, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-10-2005 or emergency language will be repealed by operation of law on the following day.
8. Amendment of subsections (d), (e)(1) and (e)(2), new subsection (e)(3), amendment of subsection (k) and amendment of Note filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 2-10-2005 order, including 5-6-2005 emergency amendments, transmitted to OAL 5-24-2005 and filed 6-20-2005 (Register 2005, No. 25).
10. Certificate of Compliance as to 5-6-2005 order transmitted to OAL 8-26-2005 and filed 10-11-2005 (Register 2005, No. 41).
11. Amendment of subsections (e)(3) and (i), new subsection (j), subsection relettering and amendment of newly designated subsection (k) filed 2-17-2006 as an emergency; operative 2-17-2006 (Register 2006, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-19-2006 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 2-17-2006 order, including renumbering of section 19814 to section 19816 and renumbering of section 19816 to section 19814, transmitted to OAL 4-27-2006 and filed 6-9-2006 (Register 2006, No. 23).
Article 2. Audit Reports
§19814.1. Applicability of Audit Procedures by Audit Year. [Renumbered]
Note • History
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14501, 14502.1, 14503, 41020 and 47634.2, Education Code.
HISTORY
1. New section filed 6-17-2004 as an emergency; operative 6-17-2004 (Register 2004, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-15-2004 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 9-30-2004 as an emergency; operative 10-16-2004 (Register 2004, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-14-2005 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 9-30-2004 order, including amendment of subsection (b), transmitted to OAL 12-9-2004 and filed 1-19-2005 (Register 2005, No. 3).
4. Amendment filed 2-10-2005 as an emergency; operative 2-10-2005 (Register 2005, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-10-2005 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section and Note filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-10-2005 order, including 5-6-2005 emergency amendments, transmitted to OAL 5-24-2005 and filed 6-20-2005 (Register 2005, No. 25).
7. Certificate of Compliance as to 5-6-2005 order, including further amendment of subsection (a)(2), transmitted to OAL 8-26-2005 and filed 10-11-2005 (Register 2005, No. 41).
8. Amendment of subsection (a)(3) filed 2-17-2006 as an emergency; operative 2-17-2006 (Register 2006, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-19-2006 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 2-17-2006 order, including renumbering and amendment of section 19814.1 to section 19816.1, transmitted to OAL 4-27-2006 and filed 6-9-2006 (Register 2006, No. 23).
Note • History
The report of each audit performed pursuant to Education Code Section 41020 shall be as follows, except that the subelements of (d) may be in any order among themselves:
(a) Introductory Section.
(1) Table of Contents for the audit report.
(2) Other information as deemed appropriate by the auditee.
(b) Financial Section.
(1) Independent Auditor's Report.
(2) Management's Discussion and Analysis.
(3) Basic Financial Statements.
(4) Notes to the Basic Financial Statements.
(c) Required Supplementary Information.
Schedule of budgetary comparison data, by object for the 2009-10 fiscal year and following, for the General Fund and any major special revenue funds that have legally adopted annual budgets, disclosing excesses of expenditures over appropriations, if any, in individual funds presented in the budgetary comparison.
(d) Supplementary Information.
(1) Local Education Agency Organization Structure.
(2) Schedule of Average Daily Attendance.
(3) Schedule of Instructional Time.
(4) Schedule of Financial Trends and Analysis.
(5) Reconciliation of Annual Financial and Budget Report With Audited Financial Statements.
(6) Optionally, Combining Statements and Individual Fund Statements and Schedules.
(7) Schedule of Charter Schools.
(8) If required as set forth in the edition of OMB Circular A-133 applicable to the year being audited, Schedule of Expenditures of Federal Awards.
(9) Notes to Supplementary Information, if required.
(e) Other Independent Auditor's Reports.
(1) Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards.
(2) Report on State Compliance.
(3) Report on Compliance With Requirements Applicable to Each Major Program and Internal Control Over Compliance in Accordance With OMB Circular A-133, for fiscal years 2003-04 through 2010-11, if required as set forth in the edition of OMB Circular A-133 applicable to the year being audited.
(4) Report on Compliance With Requirements that Could Have a Direct and Material Effect on Each Major Program and on Internal Control Over Compliance in Accordance With OMB Circular A-133, for fiscal years 2011-12 and following, if required as set forth in the edition of OMB Circular A-133 applicable to the year being audited.
(f) Findings and Recommendations.
(1) Schedule of Findings and Questioned Costs.
(2) Schedule of Prior Audit Findings.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New article 3 (sections 19815-19831) and section filed 3-15-2004 as an emergency; operative 3-15-2004 (Register 2004, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-13-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-15-2004 order transmitted to OAL 5-6-2004 and filed 6-23-2004 (Register 2004, No. 26).
3. Renumbering of section 19815 to section 19813 and renumbering of section 19813 to section 19815 filed 6-9-2006; operative 6-9-2006 (Register 2006, No. 23).
4. New subsection (d)(1), subsection renumbering and amendment of subsection (e)(1) filed 6-12-2006 as an emergency; operative 6-12-2006 (Register 2006, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-10-2006 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-12-2006 order transmitted to OAL 9-20-2006 and filed 9-29-2006 (Register 2006, No. 39).
6. Amendment of subsection (c) filed 6-29-2009 as an emergency; operative 6-29-2009 (Register 2009, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-28-2009 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 6-29-2009 order transmitted to OAL 10-30-2009 and filed 12-16-2009 (Register 2009, No. 51).
8. Amendment of subsection (e)(3) and new subsection (e)(4) filed 5-2-2011 as an emergency; operative 5-2-2011 (Register 2011, No. 18). A Certificate of Compliance must be transmitted to OAL by 10-31-2011 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 5-2-2011 order transmitted to OAL 7-1-2011 and filed 8-15-2011 (Register 2011, No. 33).
Note • History
The content of the audit report sections and subsections specified in Section 19815 is as described in the Codification of Statements on Auditing Standards, published by the American Institute of Certified Public Accountants, the Codification of Governmental Accounting and Financial Reporting Standards published by the Governmental Accounting Standards Board (GASB), or Government Auditing Standards published by the Comptroller General of the United States, in the respective editions applicable to the fiscal year being audited, or as defined in one of the following:
(a) “Government Auditing Standards” means the publication by the Comptroller General of the United States, United States General Accounting Office, originally issued in 1972 and revised from time to time, commonly known as the “Yellow Book,” that contains standards for audits of government organizations, programs, activities, and functions and that is referenced in Education Code sections 14501, 14503, and 41020(b)(4).
(b) “Local Education Agency Organization Structure” means a description in the Supplementary Information section that sets forth the following information, at a minimum:
(1) The date on which the local education agency was established, and for charter schools the date and granting authority of each charter;
(2) The date and a general description of any change during the year audited in a school district's boundaries;
(3) The numbers by type of schools in the local education agency;
(4) The names, titles, terms, and term expiration dates of all members of the governing board;
(5) The names, with their titles, of the superintendent, chief business official, and deputy/associate/assistant superintendents.
(c) “OMB Circular A-133” means the publication, produced by the federal Office of Management and Budget and titled Audits of States, Local Governments, and Non-Profit Organizations, that sets forth standards for attaining consistency and uniformity in the audits of governments and organizations expending federal awards.
(d) “Reconciliation of Annual Financial and Budget Report with Audited Financial Statements” means a schedule that displays the differences between the ending fund balance(s) from the audited financial statements and the unaudited ending fund balance(s) from the annual financial and budget report for each fund in which a variance occurred.
(e) “Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards” means, for fiscal year 2003-04 through 2008-09, the component of the Other Independent Auditor's Reports that specifies material instances of noncompliance, if any; defines reportable conditions and specifies the reportable conditions disclosed as a result of the audit; defines material weaknesses and specifies the material weaknesses, if any, that were disclosed by the audit; includes a statement that no material weaknesses were found, if that is the case; includes a statement that nonmaterial noncompliance and nonreportable conditions involving the internal control structure and its operation were communicated to management in a separate management letter, if that is the case; specifies all instances of fraud and illegal acts, if any, that were disclosed by the audit, unless clearly inconsequential; and specifies material abuse, if any, that was disclosed by the audit.
(f) “Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards” means,
(1) for fiscal years 2009-10 through 2010-11, the component of the Other Independent Auditor's Reports that specifies material instances of noncompliance, if any; defines control deficiency and significant deficiency and specifies the significant deficiencies disclosed by the audit; defines material weaknesses and specifies the material weaknesses, if any, that were disclosed by the audit; if no significant deficiencies were identified, includes a statement that no material weaknesses were noted; if significant deficiencies were noted, a statement that the auditor's consideration of internal control over financial reporting would not necessarily identify all deficiencies in the internal control that might be significant deficiencies and a statement about whether the auditor believes any of the significant deficiencies noted were material weaknesses; includes a statement that additional matters were communicated to the auditee in a management letter, if that is the case; specifies all instances of fraud and illegal acts, if any, that were disclosed by the audit, unless clearly inconsequential; specifies material violations of provisions of contracts and grant agreements, if any; and specifies material abuse, if any, that was disclosed by the audit;
(2) for fiscal year 2011-12 and following, the component of the Other Independent Auditor's Reports that reports on these matters in accordance with the financial reporting requirements specified in the Codification of Statements on Auditing Standards and in Government Auditing Standards, as applicable to the year being audited.
(g) “Report on State Compliance” means, for fiscal years 2003-04 through 2010-11, the component of the Other Independent Auditor's Reports that specifically and separately addresses each of the state compliance requirements included in this audit guide that are applicable to the year audited, stating whether or not the district is in compliance with those requirements; includes a chart that displays the number of audit procedures for each compliance requirement applicable to the year audited and states that the audit procedures included in the audit guide for each requirement were followed in the making of the audit, if that is the case, or, if not, what other procedures were followed; and includes an expression of positive assurance with respect to compliance with applicable laws and regulations for those items tested in accordance with those regulations, and negative assurance for untested items.
(1) The numbers of audit procedures for the compliance requirements included in this audit guide for audits of fiscal year 2003-04 are
Attendance Reporting, 6;
Kindergarten Continuance, 3;
Independent Study, 22;
Continuation Education, 10;
Adult Education, 9;
Regional Occupational Centers and Programs, 6;
Instructional Time and Staff Development Reform Program, 7;
Instructional Time for school districts, 4; for county offices of education, 3;
Community Day Schools, 9;
Instructional Materials general requirements, 9; K-8 only, 1; grades 9-12 only, 1;
Ratios of Administrative Employees to Teachers, 1;
Early Retirement Incentive, 4;
Gann Limit Calculation, 1;
Class Size Reduction (including in charter schools): general requirements, 7; Option One, 3; Option Two, 4; districts or charter schools with only one school serving K-3, 4.
(2) The numbers of audit procedures for the compliance requirements included in this audit guide for audits of fiscal year 2004-05 are
Attendance Reporting, 8;
Kindergarten Continuance, 3;
Independent Study, 22;
Continuation Education, 10;
Adult Education, 9;
Regional Occupational Centers and Programs, 6;
Instructional Time and Staff Development Reform Program, 7;
Instructional Time for school districts, 4; for county offices of education, 3;
Community Day Schools, 9;
Instructional Materials general requirements, 12; K-8 only, 1; grades 9-12 only, 1;
Ratios of Administrative Employees to Teachers, 1;
Early Retirement Incentive, 4;
Gann Limit Calculation, 1;
School Construction Funds: School District Bonds, 3; State School Facilities Funds, 1;
Alternative Pension Plans, 2;
Proposition 20 Lottery Funds (Cardenas Textbook Act of 2000), 2;
State Lottery Funds (California State Lottery Act of 1984), 2;
California School Age Families Education (Cal-SAFE) Program, 3;
School Accountability Report Card, 3;
Class Size Reduction (including in charter schools): general requirements, 7; Option One, 3; Option Two, 4; districts or charter schools with only one school serving K-3, 4.
(3) The numbers of audit procedures for the compliance requirements included in this audit guide for audits of fiscal year 2005-06 are
Attendance Reporting, 8;
Kindergarten Continuance, 3;
Independent Study, 22;
Continuation Education, 10;
Adult Education, 9;
Regional Occupational Centers and Programs, 6;
Instructional Time for school districts, 4; for county offices of education, 3;
Community Day Schools, 9;
Morgan-Hart Class Size Reduction Program, 7;
Instructional Materials general requirements, 12; K-8 only, 1; grades 9-12 only, 1;
Ratios of Administrative Employees to Teachers, 1;
Early Retirement Incentive, 4;
Gann Limit Calculation, 1;
School Construction Funds: School District Bonds, 3; State School Facilities Funds, 1;
Alternative Pension Plans, 2;
Proposition 20 Lottery Funds (Cardenas Textbook Act of 2000), 2;
State Lottery Funds (California State Lottery Act of 1984), 2;
California School Age Families Education (Cal-SAFE) Program, 3;
School Accountability Report Card, 3;
Class Size Reduction (including in charter schools): general requirements, 7; Option One, 3; Option Two, 4; districts or charter schools with only one school serving K-3, 4;
Contemporaneous Records of Attendance, for charter schools, 1;
Nonclassroom-Based Instruction/Independent Study, for charter schools, 15;
Additional Nonclassroom-Based Instruction, for charter schools, 1;
Determination of Funding for Nonclassroom-Based Instruction, for charter schools, 3;
Annual Instructional Minutes -- Classroom Based, for charter schools, 3.
(4) The numbers of audit procedures for the compliance requirements included in this audit guide for audits of fiscal year 2006-07 are
Attendance Reporting, 8;
Kindergarten Continuance, 3;
Independent Study, 23;
Continuation Education, 10;
Adult Education, 9;
Regional Occupational Centers and Programs, 6;
Instructional Time for school districts, 6; for county offices of education, 3;
Community Day Schools, 9;
Morgan-Hart Class Size Reduction Program, 7;
Instructional Materials general requirements, 12; K-8 only, 1; grades 9-12 only, 1;
Ratios of Administrative Employees to Teachers, 1;
Early Retirement Incentive, 4;
Gann Limit Calculation, 1;
School Construction Funds: School District Bonds, 3; State School Facilities Funds, 1;
Alternative Pension Plans, 2;
Excess Sick Leave, 2 or 3;
Notice of Right To Elect California State Teachers Retirement System (CalSTRS) Membership, 1;
Proposition 20 Lottery Funds (Cardenas Textbook Act of 2000), 2;
State Lottery Funds (California State Lottery Act of 1984), 2;
California School Age Families Education (Cal-SAFE) Program, 3;
School Accountability Report Card, 3;
Class Size Reduction (including in charter schools): general requirements, 7; Option One, 3; Option Two, 4; districts or charter schools with only one school serving K-3, 4;
Contemporaneous Records of Attendance, for charter schools, 1;
Mode of Instruction, for charter schools, 1;
Nonclassroom-Based Instruction/Independent Study, for charter schools, 15;
Determination of Funding for Nonclassroom-Based Instruction, for charter schools, 3;
Annual Instructional Minutes -- Classroom Based, for charter schools, 3;
(5) The numbers of audit procedures for the compliance requirements included in this audit guide for audits of fiscal year 2007-08 are
Attendance Reporting, 8;
Kindergarten Continuance, 3;
Independent Study, 23;
Continuation Education, 10;
Adult Education, 9;
Regional Occupational Centers and Programs, 6;
Instructional Time for school districts, 6; for county offices of education, 3;
Community Day Schools, 9;
Morgan-Hart Class Size Reduction Program, 7;
Instructional Materials general requirements, 12; K-8 only, 1; grades 9-12 only, 1;
Ratios of Administrative Employees to Teachers, 1;
Classroom Teacher Salaries, 1;
Early Retirement Incentive, 4;
Gann Limit Calculation, 1;
School Construction Funds: School District Bonds, 3; State School Facilities Funds, 1;
Excess Sick Leave, 2 or 3;
Notice of Right To Elect California State Teachers Retirement System (CalSTRS) Membership, 1;
Proposition 20 Lottery Funds (Cardenas Textbook Act of 2000), 2;
State Lottery Funds (California State Lottery Act of 1984), 2;
California School Age Families Education (Cal-SAFE) Program, 3;
School Accountability Report Card, 3;
Mathematics and Reading Professional Development, 4;
Class Size Reduction (including in charter schools): general requirements, 7; Option One, 3; Option Two, 4; districts or charter schools with only one school serving K-3, 4;
After School Education and Safety Program: general requirements, 4; after school, 4; before school, 5;
Contemporaneous Records of Attendance, for charter schools, 1;
Mode of Instruction, for charter schools, 1;
Nonclassroom-Based Instruction/Independent Study, for charter schools, 15;
Determination of Funding for Nonclassroom-Based Instruction, for charter schools, 3;
Annual Instructional Minutes -- Classroom Based, for charter schools, 3.
(6) The numbers of audit procedures for the compliance requirements included in this audit guide for audits of fiscal year 2008-09 are
Attendance Reporting, 8;
Independent Study, 23;
Continuation Education, 10;
Instructional Time for school districts, 6; for county offices of education, 3;
Community Day Schools, 3;
Instructional Materials general requirements, 8;
Ratios of Administrative Employees to Teachers, 1;
Classroom Teacher Salaries, 1;
Early Retirement Incentive, 4;
Gann Limit Calculation, 1;
School Accountability Report Card, 3;
Class Size Reduction (including in charter schools): general requirements, 7; Option One, 3; Option Two, 4; districts or charter schools with only one school serving K-3, 4;
After School Education and Safety Program: general requirements, 4; after school, 4; before school, 5;
Contemporaneous Records of Attendance, for charter schools, 1;
Mode of Instruction, for charter schools, 1;
Nonclassroom-Based Instruction/Independent Study, for charter schools, 15;
Determination of Funding for Nonclassroom-Based Instruction, for charter schools, 3;
Annual Instructional Minutes -- Classroom Based, for charter schools, 3.
(7) The numbers of audit procedures for the compliance requirements included in this audit guide for audits of fiscal year 2009-10 are
Attendance Reporting, 8;
Kindergarten Continuance, 3;
Independent Study, 23;
Continuation Education, 10;
Instructional Time for school districts, 6; for county offices of education, 3;
Instructional Materials general requirements, 8;
Ratios of Administrative Employees to Teachers, 1;
Classroom Teacher Salaries, 1;
Early Retirement Incentive, 4;
Gann Limit Calculation, 1;
School Accountability Report Card, 3;
Public Hearing Requirement -- Receipt of Funds, 1;
Class Size Reduction (including in charter schools): general requirements, 7; Option One, 3; Option Two, 4; districts or charter schools with only one school serving K-3, 4;
After School Education and Safety Program: general requirements, 4; after school, 4; before school, 5;
Contemporaneous Records of Attendance, for charter schools, 1;
Mode of Instruction, for charter schools, 1;
Nonclassroom-Based Instruction/Independent Study, for charter schools, 15;
Determination of Funding for Nonclassroom-Based Instruction, for charter schools, 3;
Annual Instructional Minutes -- Classroom Based, for charter schools, 3.
(8) The numbers of audit procedures for the compliance requirements included in this audit guide for audits of fiscal year 2010-11 are
Attendance Reporting, 8;
Kindergarten Continuance, 3;
Independent Study, 23;
Continuation Education, 10;
Instructional Time for school districts, 6; for county offices of education, 3;
Instructional Materials general requirements, 8;
Ratios of Administrative Employees to Teachers, 1;
Classroom Teacher Salaries, 1;
Early Retirement Incentive, 4;
Gann Limit Calculation, 1;
School Accountability Report Card, 3;
Public Hearing Requirement -- Receipt of Funds, 1;
Class Size Reduction (including in charter schools): general requirements, 7; Option One, 3; Option Two, 4; districts or charter schools with only one school serving K-3, 4;
After School Education and Safety Program: general requirements, 4; after school, 4; before school, 5;
Contemporaneous Records of Attendance, for charter schools, 1;
Mode of Instruction, for charter schools, 1;
Nonclassroom-Based Instruction/Independent Study, for charter schools, 15;
Determination of Funding for Nonclassroom-Based Instruction, for charter schools, 3;
Annual Instructional Minutes -- Classroom Based, for charter schools, 3.
(h) “Report on State Compliance” means, for fiscal year 2011-12 and following, the component of the Other Independent Auditor's Reports that specifically and separately addresses each of the state compliance requirements included in this audit guide that are applicable to the year audited, stating that compliance with the applicable compliance requirements is the responsibility of the auditee's management, and stating whether or not the auditee is in compliance with those requirements; includes a chart that displays each compliance requirement and the corresponding number of audit procedures applicable to the year audited and states that the audit procedures included in the audit guide for each compliance requirement were followed in the making of the audit, if that is the case, or, if not, what other procedures were followed; and includes an expression of opinion on whether the auditee complied, in all material respects, with applicable compliance requirements.
(1) The numbers of audit procedures for the compliance requirements included in this audit guide for audits of fiscal year 2011-12 are
Attendance Reporting, 6;
Teacher Certification and Misassignments, 3;
Kindergarten Continuance, 3;
Independent Study, 23;
Continuation Education, 10;
Instructional Time for school districts, 6; for county offices of education, 3;
Instructional Materials general requirements, 8;
Ratios of Administrative Employees to Teachers, 1;
Classroom Teacher Salaries, 1;
Early Retirement Incentive, 4;
Gann Limit Calculation, 1;
School Accountability Report Card, 3;
Public Hearing Requirement - Receipt of Funds, 1;
Juvenile Court Schools, 8;
Exclusion of Pupils - Pertussis Immunization, 2;
Class Size Reduction (including in charter schools): general requirements, 7; Option One, 3; Option Two, 4; districts or charter schools with only one school serving K-3, 4;
After School Education and Safety Program: general requirements, 4; after school, 5; before school, 6;
Contemporaneous Records of Attendance, for charter schools, 3;
Mode of Instruction, for charter schools, 1;
Nonclassroom-Based Instruction/Independent Study, for charter schools, 15;
Determination of Funding for Nonclassroom-Based Instruction, for charter schools, 3;
Annual Instructional Minutes -- Classroom Based, for charter schools, 4.
(2) The numbers of audit procedures for the compliance requirements included in this audit guide for audits of fiscal year 2012-13 are
Attendance Reporting, 6;
Teacher Certification and Misassignments, 3;
Kindergarten Continuance, 3;
Independent Study, 23:
Continuation Education, 10;
Instructional Time for school districts, 6; for county offices of education, 3;
Instructional Materials general requirements, 8;
Ratios of Administrative Employees to Teachers, 1;
Classroom Teacher Salaries, 1;
Early Retirement Incentive, 4;
Gann Limit Calculation, 1;
School Accountability Report Card, 3;
Public Hearing Requirement -- Receipt of Funds, 1;
Juvenile Court Schools, 8;
Class Size Reduction (including in charter schools): general requirements, 7; Option One, 3; Option Two, 4; districts or charter schools with only one school serving K-3, 4;
After School Education and Safety Program: general requirements, 4; after school, 5; before school, 6:
Contemporaneous Records of Attendance, for charter schools, 1;
Mode of Instruction, for charter schools, 1;
Nonclassroom-Based Instruction/Independent Study, for charter schools, 15;
Determination of Funding for Nonclassroom-Based Instruction, for charter schools, 3;
Annual Instructional Minutes -- Classroom Based, for charter schools, 4;
(i)(1) “Report on Compliance With Requirements Applicable to Each Major Program and Internal Control Over Compliance in Accordance With OMB Circular A-133” means, for fiscal years 2003-04 through 2010-11, the component of the Other Independent Auditor's Reports that states whether the auditee has complied with federal laws, regulations, and the provisions of federal contracts or grant agreements and has established and maintained effective internal control over compliance with the requirements for major federal programs.
(2) “Report on Compliance With Requirements that Could Have a Direct and Material Effect on Each Major Program and on Internal Control Over Compliance in Accordance With OMB Circular A-133,” means, for fiscal years 2011-12 and following, the component of the Other Independent Auditor's Reports that states that compliance with the applicable compliance requirements is the responsibility of the auditee's management; includes an expression of opinion on whether the auditee complied, in all material respects, with federal laws, regulations, and the provisions of federal contracts or grant agreements; and whether the auditee has established and maintained effective internal control over compliance with the requirements for major federal programs.
(j) “Schedule of Average Daily Attendance” means the schedule in the Supplementary Information section that displays
(1) for fiscal years 2003-04 through 2008-09, Average Daily Attendance data for both the Second Period and Annual reports, by grade level and program as appropriate, and, for charter schools, includes total Average Daily Attendance and Average Daily Attendance generated through classroom-based instruction;
(2) for fiscal years 2009-10 through 2010-11, Average Daily Attendance data for both the Second Period and Annual reports, by grade level and program as appropriate, and, for charter schools, includes total Average Daily Attendance and Average Daily Attendance generated through classroom-based instruction; and if there are any Average Daily Attendance adjustments due to audit findings, displays additional columns for the Second Period and Annual reports reflecting the final Average Daily Attendance after audit finding adjustments;
(3) for fiscal year 2011-12 and following, Average Daily Attendance data for both the Second Period and Annual reports, by grade level and program as appropriate; and separately for each charter school, shows the total Average Daily Attendance and the Average Daily Attendance generated through classroom-based instruction by grade level, as appropriate; and if there are any Average Daily Attendance adjustments due to audit findings, displays additional columns for the Second Period and Annual reports reflecting the final Average Daily Attendance after audit finding adjustments.
(k) “Schedule of Charter Schools” means the schedule in the Supplementary Information section that lists all charter schools chartered by the school district or county office of education, and displays information for each charter school on whether or not the charter school is included in the school district or county office of education audit.
(l) “Schedule of Financial Trends and Analysis” means, for fiscal year 2003-04, the schedule in the Supplementary Information section that displays information regarding the auditee's financial position and going concern status, in the form of actual financial and attendance figures for at least the most recent three-year period (ending with the audit year), plus the current year's budget, for the following items: General Fund financial activity, including total revenue, expenditures, and other sources and uses; General Fund balance; available reserve balances (funds designated for economic uncertainty, and any other remaining undesignated fund balance) within the General Fund, Special Reserve Fund, and any Article XIII-B Trust Funds; available reserve balances expressed as a percentage of total General Fund outgo (expenditures, transfers out, and other uses), including a comparison to the applicable state-recommended available reserve percentage; total long-term debt; and elementary and secondary Second Principal Average Daily Attendance, excluding Regional Occupational Centers and Programs and Adult Average Daily Attendance; and, when the auditee's percentage of available reserves to total General Fund outgo is below the state-recommended percentage, management's plans for increasing the auditee's available reserve percentage.
(m) “Schedule of Financial Trends and Analysis” means, for fiscal year 2004-05 and each fiscal year thereafter, the schedule in the Supplementary Information section that displays information regarding the auditee's financial position and going concern status, in the form of actual financial and attendance figures for at least the most recent three-year period (ending with the audit year), plus the current year's budget, for the following items: General Fund financial activity, including total revenue, expenditures, and other sources and uses; General Fund balance; available reserve balances (funds designated for economic uncertainty, and any other remaining undesignated fund balance) within the General Fund or Special Reserve Fund; available reserve balances expressed as a percentage of total General Fund outgo (expenditures, transfers out, and other uses), including a comparison to the applicable state-recommended available reserve percentage; total long-term debt; and elementary and secondary Second Principal Average Daily Attendance, excluding Regional Occupational Centers and Programs and Adult Average Daily Attendance; and, when the auditee's percentage of available reserves to total General Fund outgo is below the state-recommended percentage, management's plans for increasing the auditee's available reserve percentage.
(n) “Schedule of Findings and Questioned Costs” means that part of the Findings and Recommendations section that presents all audit year findings, and a copy of each management letter issued, if any, with each finding assigned the appropriate code from among the following: 10000 Attendance, 20000 Inventory of Equipment, 30000 Internal Control, 40000 State Compliance, 41000 CalSTRS, 50000 Federal Compliance, 60000 Miscellaneous, 61000 Classroom Teacher Salaries, 70000 Instructional Materials, 71000 Teacher Misassignments, 72000 School Accountability Report Card, and includes the following elements:
(1) criteria
(2) condition
(3) effect
(4) cause
(5) a statement of the number of units of Average Daily Attendance, if any, that were inappropriately reported for apportionment; and a statement consistent with its basis of funding, for any other inappropriately reported claim-such as number of staff development days, or number of pupils for Class Size Reduction, or amount in dollars for Instructional Materials, and so forth
(6) a recommendation for the resolution of the finding
(7) a corrective action plan prepared by the auditee that describes in specific terms the actions planned or taken to correct the problem, or a statement from the auditee that the corrective action recommended by the auditor is not necessary or appropriate and giving the specific reasons why, if that is the case, and a statement that the corrective action plan was not available if no corrective action plan was submitted before the audit was prepared.
(o) “Schedule of Instructional Time” means a schedule in the Supplementary Information section that displays, for school districts, including basic aid districts, and county offices of education, data that show whether the auditee complied with the provisions of Article 8 (commencing with Section 46200) of Chapter 2 of Part 26 of the Education Code; and for charter schools, data that show whether the auditee complied with the provisions of subdivision (a)(1) of Education Code Section 47612.5.
(p) “Schedule of Prior Audit Findings” means that part of the Findings and Recommendations section that presents the status of actions taken by the auditee on each of the findings and recommendations reported in the prior year audit, and includes as current year findings and recommendations those prior year findings that have not been resolved.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14501, 14502.1, 14503, 41020 and 47634.2, Education Code.
HISTORY
1. New section filed 3-15-2004 as an emergency; operative 3-15-2004 (Register 2004, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-13-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-15-2004 order transmitted to OAL 5-6-2004 and filed 6-23-2004 (Register 2004, No. 26).
3. Certificate of Compliance as to 2-17-2006 order, including renumbering of section 19816 to section 19814 and renumbering and amendment of section 19814 to section 19816, transmitted to OAL 4-27-2006 and filed 6-9-2006 (Register 2006, No. 23).
4. New subsections (b)-(b)(5), subsection relettering, amendment of newly designated subsections (e) and (f)(2), new subsection (f)(4) and amendment of newly designated subsection (l) filed 6-12-2006 as an emergency; operative 6-12-2006 (Register 2006, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-10-2006 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-12-2006 order transmitted to OAL 9-20-2006 and filed 9-29-2006 (Register 2006, No. 39).
6. Change without regulatory effect amending subsection (f)(4) filed 3-1-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 9).
7. Amendment of subsections (f)(1)-(f)(4), new subsection (f)(5) and amendment of subsections (h) and (m) filed 5-18-2007 as an emergency; operative 5-18-2007 (Register 2007, No. 20). A Certificate of Compliance must be transmitted to OAL by 11-14-2007 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 5-18-2007 order transmitted to OAL 8-1-2007 and filed 9-10-2007 (Register 2007, No. 37).
9. New subsection (f)(6) filed 6-9-2008 as an emergency; operative 6-9-2008 (Register 2008, No. 24). A Certificate of Compliance must be transmitted to OAL by 12-8-2008 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 6-9-2008 order transmitted to OAL 7-29-2008 and filed 9-9-2008 (Register 2008, No. 37).
11. Amendment of subsections (e) and (f)(6), new subsection (f)(7) and amendment of subsection (h) filed 6-29-2009 as an emergency; operative 6-29-2009 (Register 2009, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-28-2009 or emergency language will be repealed by operation of law on the following day.
12. Change without regulatory effect adding subsection (e), relettering subsections and amending newly designated subsection (f) filed 8-20-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 34).
13. Certificate of Compliance as to 6-29-2009 order, including amendment of subsection (f)(7), transmitted to OAL 10-30-2009 and filed 12-16-2009 (Register 2009, No. 51).
14. Amendment of subsection (g)(7) and new subsection (g)(8) filed 4-15-2010 as an emergency; operative 4-15-2010 (Register 2010, No. 16). A Certificate of Compliance must be transmitted to OAL by 10-12-2010 or emergency language will be repealed by operation of law on the following day.
15. Certificate of Compliance as to 4-15-2010 order transmitted to OAL 6-28-2010 and filed 7-23-2010 (Register 2010, No. 30).
16. Amendment filed 5-2-2011 as an emergency; operative 5-2-2011 (Register 2011, No. 18). A Certificate of Compliance must be transmitted to OAL by 10-31-2011 or emergency language will be repealed by operation of law on the following day.
17. Editorial correction of subsection (f)(1) (Register 2011, No. 33).
18. Certificate of Compliance as to 5-2-2011 order transmitted to OAL 7-1-2011 and filed 8-15-2011 (Register 2011, No. 33).
. 19. Amendment of subsection (h) filed 2-9-2012 as an emergency; operative 2-9-2012 (Register 2012, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-7-2012 or emergency language will be repealed by operation of law on the following day.
20. Designation of portion of subsection (h) as new subsection (h)(1) and new subsection (h)(2) filed 4-11-2012 as an emergency; operative 4-11-2012 (Register 2012, No. 15). A Certificate of Compliance must be transmitted to OAL by 10-8-2012 or emergency language will be repealed by operation of law on the following day.
21. Certificate of Compliance as to 4-11-2012 order, including further amendment of subsection (h)(2), transmitted to OAL 6-26-2012 and filed 7-31-2012 (Register 2012, No. 31).
22. Certificate of Compliance as to 2-9-2012 order transmitted to OAL 7-16-2012 and filed 8-8-2012 (Register 2012, No. 32).
§19816.1. Applicability of Audit Procedures by Audit Year.
Note • History
(a) Of the compliance requirements set forth in Article 3:
(1) Sections 19817 through 19825, and 19828 through 19831 are applicable to fiscal year 2003-04 audits;
(2) Sections 19817.1 through 19825, and 19828.1 through 19837 are applicable to fiscal year 2004-05 audits.
(3) Sections 19817.1 through 19822, 19824, 19825, 19827 and 19828.1 through 19837 are applicable to fiscal year 2005-06 audits.
(4) Sections 19817.1 through 19822, 19824, 19825, 19827, and 19828.1 through 19837 are applicable to fiscal year 2006-07 audits.
(5) Sections 19817.1 through 19822, 19824, 19825, 19827, 19828.2 through 19832, and 19833.5 through 19838 are applicable to fiscal year 2007-08 audits.
(6) Sections 19817.1, 19819, 19820, 19824, 19825, 19828.3 through 19831, and 19837.2 are applicable to fiscal year 2008-09 audits.
(7) Sections 19817.1 through 19820, 19824, 19828.4 through 19831, 19837.3, and 19839, are applicable to fiscal year 2009-10 audits.
(8) Sections 19817.1 through 19820, 19824, 19828.4 through 19831, 19837.3, and 19839, are applicable to fiscal year 2010-11 audits.
(9) Sections 19817.2 through 19820, 19824.1, 19828.4 through 19831, 19837.3, and 19839 through 19841 are applicable to fiscal year 2011-12 audits.
(10) Sections 19817.2 through 19820, 19824, 19828.4 through 19831, 19837.3, 19839 and 19840 are applicable to fiscal year 2012-13 audits.
(b) Of the compliance requirements set forth in Article 3.1,
(1) Section 19845 is applicable to fiscal year 2003-04 audits
(2) Section 19845.1 is applicable to fiscal year 2004-05 audits;
(3) Section 19845.1 is applicable to fiscal year 2005-06 audits;
(4) Section 19845.1 is applicable to fiscal year 2006-07 audits;
(5) Sections 19845.1 and 19846 are applicable to fiscal year 2007-08 audits.
(6) Sections 19845.2 and 19846 are applicable to fiscal year 2008-09 audits.
(7) Sections 19845.2 and 19846 are applicable to fiscal year 2009-10 audits.
(8) Sections 19845.2 and 19846 are applicable to fiscal year 2010-11 audits.
(9) Sections 19845.2 and 19846.1 are applicable to fiscal year 2011-12 audits.
(10) Sections 19845.2 and 19846.1 are applicable to fiscal year 2012-13 audits.
(c) Of the compliance requirements set forth in Article 4,
(1) Sections 19850 through 19854 are applicable to fiscal year 2005-06 audits.
(2) Sections 19850 through 19854 are applicable to fiscal year 2006-07 audits.
(3) Sections 19850 through 19854 are applicable to fiscal year 2007-08 audits.
(4) Sections 19850 through 19854 are applicable to fiscal year 2008-09 audits.
(5) Sections 19850 through 19854 are applicable to fiscal year 2009-10 audits.
(6) Sections 19850 through 19854 are applicable to fiscal year 2010-11 audits.
(7) Sections 19850, 19851.1 through 19853, and 19854.1 are applicable to fiscal year 2011-12 audits.
(8) Sections 19850, 19851, and 19852 through 19854 are applicable to fiscal year 2012-13 audits.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14501, 14502.1, 14503, 41020 and 47634.2, Education Code.
HISTORY
1. Renumbering and amendment of section 19814.1 to section 19816.1 filed 6-9-2006; operative 6-9-2006 (Register 2006, No. 23).
2. New subsections (a)(4), (b)(4) and (c)(1)-(2) filed 6-12-2006 as an emergency; operative 6-12-2006 (Register 2006, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-10-2006 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-12-2006 order transmitted to OAL 9-20-2006 and filed 9-29-2006 (Register 2006, No. 39).
4. New subsections (a)(5), (b)(5) and (c)(3) filed 5-18-2007 as an emergency; operative 5-18-2007 (Register 2007, No. 20). A Certificate of Compliance must be transmitted to OAL by 11-14-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 5-18-2007 order transmitted to OAL 8-1-2007 and filed 9-10-2007 (Register 2007, No. 37).
6. Amendment of subsection (a)(5) and new subsections (a)(6), (b)(6) and (c)(4) filed 6-9-2008 as an emergency; operative 6-9-2008 (Register 2008, No. 24). A Certificate of Compliance must be transmitted to OAL by 12-8-2008 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 6-9-2008 order transmitted to OAL 7-29-2008 and filed 9-9-2008 (Register 2008, No. 37).
8. Amendment of subsection (a)(6), new subsection (a)(7), amendment of subsection (b)(6) and new subsections (b)(7) and (c)(5) filed 6-29-2009 as an emergency; operative 6-29-2009 (Register 2009, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-28-2009 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 6-29-2009 order, including amendment of subsection (a)(7), transmitted to OAL 10-30-2009 and filed 12-16-2009 (Register 2009, No. 51).
10. New subsections (a)(8), (b)(8) and (c)(6) filed 4-15-2010 as an emergency; operative 4-15-2010 (Register 2010, No. 16). A Certificate of Compliance must be transmitted to OAL by 10-12-2010 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 4-15-2010 order transmitted to OAL 6-28-2010 and filed 7-23-2010 (Register 2010, No. 30).
12. New subsections (a)(9), (b)(9) and (c)(7) filed 5-2-2011 as an emergency; operative 5-2-2011 (Register 2011, No. 18). A Certificate of Compliance must be transmitted to OAL by 10-31-2011 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 5-2-2011 order transmitted to OAL 7-1-2011 and filed 8-15-2011 (Register 2011, No. 33).
14. Amendment of subsections (a)(9) and (c)(7) filed 2-9-2012 as an emergency; operative 2-9-2012 (Register 2012, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-7-2012 or emergency language will be repealed by operation of law on the following day.
15. New subsections (a)(10) and (b)(10), amendment of subsection (c)(7) and new subsection (c)(8) filed 4-11-2012 as an emergency; operative 4-11-2012 (Register 2012, No. 15). A Certificate of Compliance must be transmitted to OAL by 10-8-2012 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 4-11-2012 order transmitted to OAL 6-26-2012 and filed 7-31-2012 (Register 2012, No. 31).
17. Certificate of Compliance as to 2-9-2012 order transmitted to OAL 7-16-2012 and filed 8-8-2012 (Register 2012, No. 32).
Article 3. State Compliance Requirements
§19817. Regular and Special Day Classes.
Note • History
For fiscal year 2003-04 only, perform the following audit steps:
(a) Determine whether the Second Principal and Annual reports of attendance submitted to the California Department of Education reconcile to the supporting documents by verifying the local education agency's Average Daily Attendance calculations for each reporting line item, including the informational line items. Trace the Average Daily Attendance numbers from the Second Principal and Annual reports of attendance to the local education agency's summaries.
(b) Verify that the monthly site summaries used for summarizing attendance provide accurate information, by selecting a representative sample of schools and performing the following procedures (include special day classes in this sample; other special programs are identified separately in subsequent sections of this audit guide):
(1) Reconcile the monthly totals (days of apportionment attendance) on the school's attendance summary to the summary maintained by the local education agency for the Second Principal and the Annual attendance reports.
(2) Select at least one test month in the Second Principal or Annual attendance reporting period. Verify the mathematical accuracy of the monthly report and trace the totals to the school's attendance summary.
(3) Select a representative sample of classes (teachers) and trace the monthly totals from the monthly report to the data origination documentation. Verify the mathematical accuracy of the attendance registers, scantron summaries, or other data arrays.
(c) Select a sample of absences and compare to documentation supporting Average Daily Attendance reported to the California Department of Education to verify that absences were not included in Average Daily Attendance. The documentation maintained by the local education agency with regard to its absences may be in the form of notes, logs, or other records, depending on the board-adopted policy concerning verification of absences.
(d) If any inappropriately reported units of Average Daily Attendance are identified through the foregoing audit procedures, recalculate, consistent with the provisions of Education Code Section 46303, the correct number of units of Average Daily Attendance. Include a statement in the Findings and Recommendations section of the audit report of the number of units of Average Daily Attendance that were inappropriately reported for apportionment and an estimate of their dollar value.
(e) For each teacher selected pursuant to subparagraph (b)(3) of this section, test to determine whether the teacher possessed a valid certification document. If any teacher did not possess a valid certification document, calculate the penalty or penalties pursuant to the provisions of Education Code Section 45037 and include the actual calculation in an audit finding in the Findings and Recommendations section.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 3-15-2004 as an emergency; operative 3-15-2004 (Register 2004, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-13-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-15-2004 order transmitted to OAL 5-6-2004 and filed 6-23-2004 (Register 2004, No. 26).
3. New first paragraph and amendment of subsection (e) filed 2-10-2005 as an emergency; operative 2-10-2005 (Register 2005, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-10-2005 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-10-2005 order transmitted to OAL 5-24-2005 and filed 6-20-2005 (Register 2005, No. 25).
5. Amendment of section heading filed 6-9-2006; operative 6-9-2006 (Register 2006, No. 23).
§19817.1. Regular and Special Day Classes.
Note • History
For fiscal years 2004-05 through 2010-11, perform the following audit steps:
(a) Determine whether the Second Principal and Annual reports of attendance submitted to the California Department of Education reconcile to the supporting documents by verifying the local education agency's Average Daily Attendance calculations for each reporting line item, including the informational line items. Trace the Average Daily Attendance numbers from the Second Principal and Annual reports of attendance to the local education agency's summaries.
(b) Verify that the monthly site summaries used for summarizing attendance provide accurate information, by selecting a representative sample of schools and performing the following procedures (include special day classes in this sample; other special programs are identified separately in subsequent sections of this audit guide):
(1) Reconcile the monthly totals (days of apportionment attendance) on the school's attendance summary to the summary maintained by the local education agency for the Second Principal and the Annual attendance reports.
(2) Select at least one test month in the Second Principal or Annual attendance reporting period. Verify the mathematical accuracy of the monthly report and trace the totals to the school's attendance summary.
(3) Select a representative sample of classes (teachers) and trace the monthly totals from the monthly report to the data origination documentation. Verify the mathematical accuracy of the attendance registers, scantron summaries, or other data arrays.
(c) Select a sample of absences and compare to documentation supporting Average Daily Attendance reported to the California Department of Education to verify that absences were not included in Average Daily Attendance. The documentation maintained by the local education agency with regard to its absences may be in the form of notes, logs, or other records, depending on the board-adopted policy concerning verification of absences.
(d) If any inappropriately reported units of Average Daily Attendance are identified through the foregoing audit procedures, recalculate, consistent with the provisions of Education Code Section 46303, the correct number of units of Average Daily Attendance. Include a statement in the Findings and Recommendations section of the audit report of the number of units of Average Daily Attendance that were inappropriately reported for apportionment and an estimate of their dollar value.
(e) For each teacher selected pursuant to subparagraph (b)(3) of this section, test to determine whether the teacher possessed a valid certification document. If any teacher did not possess a valid certification document, calculate the penalty or penalties pursuant to the provisions of Education Code Section 45037 and include the actual calculation in an audit finding in the Findings and Recommendations section.
(f)(1) For each teacher selected pursuant to subparagraph (b)(3) of this section, test to determine whether the teacher was assigned to teach in a position
(A) consistent with the authorization of his or her certification document, or
(B) otherwise authorized by law pursuant to
1. a governing board resolution in conformance with the provisions of any of subdivision (b) of Education Code Section 44256, Section 44258.2, Section 44258.3, or Section 44263, or
2. approval of a committee on assignments pursuant to the provisions of subdivision (c) or (d) of Section 44258.7.
(2) If any teacher selected pursuant to subparagraph (b)(3) of this section was assigned to teach a class in which more than 20 percent of the pupils were English learners, determine whether the teacher was authorized to instruct limited-English-proficient pupils pursuant to the provisions of Education Code Section 44253.3, 44253.4, or 44253.10.
(3) If any teacher was assigned to teach in a position for which he or she was not authorized, include a finding in the Findings and Recommendations section of the audit report.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14501, 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 2-10-2005 as an emergency; operative 2-10-2005 (Register 2005, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-10-2005 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-10-2005 order transmitted to OAL 5-24-2005 and filed 6-20-2005 (Register 2005, No. 25).
3. Amendment of section heading filed 6-9-2006; operative 6-9-2006 (Register 2006, No. 23).
4. Amendment of first paragraph filed 5-2-2011 as an emergency; operative 5-2-2011 (Register 2011, No. 18). A Certificate of Compliance must be transmitted to OAL by 10-31-2011 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 5-2-2011 order transmitted to OAL 7-1-2011 and filed 8-15-2011 (Register 2011, No. 33).
§19817.2. Attendance Reporting.
Note • History
For fiscal years 2011-12 and following, perform the following audit steps:
(a) Determine whether the Second Principal and Annual reports of attendance submitted to the California Department of Education reconcile to the supporting documents by verifying the local education agency's Average Daily Attendance calculations for each reporting line item, including the informational line items, subject to the materiality levels as described in Section 19813.
(b) Trace the Average Daily Attendance numbers from the Second Principal and Annual reports of attendance to the local education agency's summaries.
(c) Verify that the monthly site summaries used for summarizing attendance provide accurate information, by selecting a representative sample of schools and performing the following procedures (exclude the programs identified separately in subsequent sections of this audit guide):
(1) Reconcile the monthly totals (days of apportionment attendance) on the school's attendance summary to the summary maintained by the local education agency for the Second Principal and the Annual attendance reports.
(2) Select at least one test month in the Second Principal or Annual attendance reporting period. Verify the mathematical accuracy of the monthly report and trace the totals to the school's attendance summary.
(3) Select a representative sample of classes (teachers) and trace the monthly totals from the monthly report to the data origination documentation. Verify the mathematical accuracy of the attendance registers, scantron summaries, or other data arrays.
(d) Select a sample of absences and compare to documentation supporting Average Daily Attendance reported to the California Department of Education to verify that absences were not included in Average Daily Attendance. The documentation maintained by the local education agency with regard to its absences may be in the form of notes, logs, or other records, depending on the board-adopted policy concerning verification of absences.
(e) If any inappropriately reported units of Average Daily Attendance are identified through the foregoing audit procedures, recalculate, consistent with the provisions of Education Code Section 46303, the correct number of units of Average Daily Attendance. Include a statement in the Findings and Recommendations section of the audit report of the number of units of Average Daily Attendance that were inappropriately reported for apportionment and an estimate of their dollar value.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 5-2-2011 as an emergency; operative 5-2-2011 (Register 2011, No. 18). A Certificate of Compliance must be transmitted to OAL by 10-31-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-2-2011 order transmitted to OAL 7-1-2011 and filed 8-15-2011 (Register 2011, No. 33).
§19817.5. Teacher Certification and Misassignments.
Note • History
For fiscal year 2011-12 and following, perform the following audit steps:
(a) For each teacher selected pursuant to subparagraph (c)(3) of Section 19817.2, test to determine whether the teacher possessed a valid certification document.
(b) If any teacher did not possess a valid certification document, calculate the penalty or penalties pursuant to the provisions of Education Code Section 45037 and include the actual calculation in an audit finding in the Findings and Recommendations section.
(c) For each teacher selected pursuant to subparagraph (c)(3) of Section 19817.2, test to determine whether the teacher was assigned to teach in a position
(1) consistent with the authorization of his or her certification document, or
(2) otherwise authorized by law pursuant to
(A) a governing board resolution in conformance with the provisions of any of subdivision (b) of Education Code Section 44256, Section 44258.2, Section 44258.3, or Section 44263, or
(B) approval of a committee on assignments pursuant to the provisions of subdivision (c) or (d) of Education Code Section 44258.7.
(d) If any teacher selected pursuant to subparagraph (c)(3) of Section 19817.2 was assigned to teach a class in which more than 20 percent of the pupils were English learners, determine whether the teacher was authorized to instruct limited-English-proficient pupils pursuant to the provisions of Education Code Section 44253.3, 44253.4, or 44253.10.
(e) If any teacher was assigned to teach in a position for which he or she was not authorized, include a finding in the Findings and Recommendations section of the audit report.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14501, 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 5-2-2011 as an emergency; operative 5-2-2011 (Register 2011, No. 18). A Certificate of Compliance must be transmitted to OAL by 10-31-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-2-2011 order, including amendment of subsection (c)(2)(B), transmitted to OAL 7-1-2011 and filed 8-15-2011 (Register 2011, No. 33).
§19818. Kindergarten Continuance.
Note • History
(a) Select a representative sample of kindergarten classes. Perform the following procedures.
(b) Obtain a list of kindergarten pupils enrolled in the selected kindergarten classes for the year audited and the year prior. Compare the enrollment lists and identify those kindergarten pupils, if any, who are on both lists.
(c) Review the record of each pupil identified on both lists to determine whether the pupil continued in kindergarten after completing one school year of kindergarten. For a pupil who begins kindergarten mid-year, one school year of kindergarten is completed on the last day prior to the anniversary of the pupil's first day of kindergarten.
(d) Verify that the local education agency has a signed parental agreement to continue form, approved in form and content by the California Department of Education, for each such pupil.
(e) If any inappropriately reported units of Average Daily Attendance are identified through the foregoing audit procedures, recalculate, consistent with the provisions of Education Code Section 46303, the correct number of units of Average Daily Attendance. Include a statement in the Findings and Recommendations section of the audit report of the number of units of Average Daily Attendance that were inappropriately reported for apportionment and an estimate of their dollar value.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 3-15-2004 as an emergency; operative 3-15-2004 (Register 2004, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-13-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-15-2004 order transmitted to OAL 5-6-2004 and filed 6-23-2004 (Register 2004, No. 26).
Note • History
If the local education agency reported Average Daily Attendance generated through independent study, perform the following procedures
(a) At the agency level:
(1) Reconcile the local education agency's independent study attendance records to Average Daily Attendance generated through full-time independent study reported to the California Department of Education.
(2) From the independent study attendance records, select a representative sample of pupils for whom Average Daily Attendance generated through independent study was claimed, including pupils on intermittent or “short term” independent study if the local education agency offered that option, and confirm that every pupil in the sample is identified in the written records of the district or county board by grade level, by program placement, and by the school in which he or she is enrolled.
(3) If, pursuant to the foregoing audit procedure, any pupils are found that were not identified in the written records of the district or county board by any one or more of grade level, program placement, and the school in which he or she was enrolled, recalculate, consistent with the provisions of Education Code Section 46303, the correct number of units of Average Daily Attendance. Include a statement in the Findings and Recommendations section of the audit report of the number of pupils and the number of units of Average Daily Attendance that were inappropriately reported for apportionment and an estimate of their dollar value.
(4) Verify the local education agency's calculation, made pursuant to the provisions of subdivision (a) of Education Code Section 51745.6, of ineligible Average Daily Attendance, if any, generated through full-time independent study by pupils 18 years of age or less.
(5) Interview administrative personnel and school counselors of the local education agency to determine if the local education agency had policies and procedures to ensure that any pupil terminating an independent study agreement was permitted to immediately recommence classroom study.
(6) Interview local education agency administrative personnel as well as a sample of independent study teachers and review written agreements to determine whether it was the local education agency's policy or practice to provide independent study pupils or their parents/guardians with monetary funding or any other things of value such as equipment or paid private instruction. If so, determine whether classroom pupils or their parents/guardians had the same access to funding or things of value. Read program materials provided to all parents/guardians to determine that opportunities were equal and that pupils engaged in independent study were neither offered nor given incentives or special benefits.
(b) Select a sample of schools that is representative of the local education agency and sufficient in size to allow the auditor to draw a reasonable conclusion with respect to the local education agency's compliance with independent study requirements. Verify that the monthly site summaries used for summarizing attendance provide accurate information by performing the following procedures:
(1) At each school, examine the attendance accounting records to verify that the attendance of pupils or adult education students or both while engaged in independent study was maintained on separate registers or the local education agency had another mechanism in place to track Average Daily Attendance generated through independent study separately from other Average Daily Attendance.
(2) Determine the total number of days of attendance reported for each sampled school that resulted from attendance by pupils or adult education students or both while engaged in independent study. Reconcile the monthly totals (days of apportionment attendance) on the site's attendance summary to the summary maintained by the local education agency for the Second Principal and the Annual attendance reports.
(3) Select a test month in the Second Principal or Annual attendance reporting period. Verify the mathematical accuracy of the monthly report and trace totals to the school's attendance summary.
(4) Verify that a certificated employee of the local education agency coordinated, evaluated, and provided general supervision, as that term is defined in Section 11700(b), of each pupil's or adult education student's independent study, as required by the provisions of subdivision (a) of Education Code Section 51747.5.
(5) Select a representative sample of teachers. Verify the mathematical accuracy of the teachers' attendance records of pupil or adult education student attendance. Trace the monthly totals from the monthly report to the attendance records.
(6) If 100 percent apportionment attendance was recorded for all independent study pupils or adult education students or both, ensure that the teacher did not accrue more days of apportionment credit for any assignment than there were school days in that assignment (“banking”); or accrue days of attendance for work submitted subsequent to the specified due date for the assignment (“make-up”).
(7) For programs in which hourly attendance accounting is not required pursuant to Section 406, verify that attendance credit was recorded in whole days based on the supervising teacher's personal review, evaluation, and assignment of time value to the pupil's or adult education student's work product, or the supervising teacher's review of the evaluation and assignment of time value made by another certificated teacher.
(c) From the attendance records, select a representative sample of pupils/adult education students for whom Average Daily Attendance generated through independent study was claimed, including pupils on intermittent (“short term”) independent study if the local education agency offered that option, and perform the following procedures:
(1) Verify that no pupil was enrolled in the local education agency pursuant to subdivision (b) of Education Code Section 48204 while engaged in full-time independent study.
(2) Determine each selected pupil's or adult education student's county of residence at the time of commencing independent study and verify that it is the county in which the apportionment claim is reported or a contiguous county within California.
(3) Determine whether mailing addresses or other evidence of residency changed during the time the pupils/adult education students were in independent study and, if so, whether each pupil or adult education student remained resident of the same or a contiguous county within California.
(4) Verify that a total of not more than one day of attendance generated through independent study was recorded for each pupil, including pupils enrolled in more than one program, for any calendar day on which school was in session.
(5) Verify that a written agreement exists for each pupil/adult education student selected.
(6) Verify that every pupil whose independent study attendance was claimed for apportionment was participating under an agreement for a minimum of five consecutive school days.
(7) Verify that every written agreement contained all the required elements:
(A) The manner, time, frequency, and place for submitting a pupil's or adult education student's assignments and for reporting his or her progress.
(B) The objectives and methods of study (pupil/adult education student activities selected by the supervising teacher as the means to reach the educational objectives set forth in the written agreement) for the pupil's or adult education student's work.
(C) The methods utilized to evaluate that work (any specified procedure through which a certificated teacher personally assesses the extent to which achievement of the pupils/adult education students meets the objectives set forth in the written assignment).
(D) The specific resources, including materials and personnel, to be made available to the pupils/adult education students (resources reasonably necessary to the achievement of the objectives in the written agreement, not to exclude resources normally available to all pupils/adult education students on the same terms as the terms on which they are normally available to all pupils/adult education students).
(E) A statement of the policies adopted pursuant to subdivisions (a) and (b) of Education Code Section 51747 regarding the maximum length of time allowed between the assignment and the completion of a pupil's or adult education student's assigned work, and the number of assignments a pupil or adult education student may miss before there must be an evaluation of whether it is in the pupil's or adult education student's best interests to continue in independent study.
(F) The duration of the independent study agreement, including the beginning and ending dates for the pupil's or adult education student's participation in independent study under the agreement, with no agreement being for a period longer than one semester, or one-half year for a school on a year-round calendar.
(G) A statement of the number of course credits or, for the elementary grades, other measures of academic accomplishment appropriate to the agreement, to be earned by the pupil/adult education student upon completion.
(H) A statement in each independent study agreement that independent study is an optional educational alternative in which no pupil may be required to participate. In the case of a pupil who is referred or assigned to any school, class, or program pursuant to Section 48915 or 48917, the agreement also shall include the statement that instruction may be provided to the pupil through independent study only if the pupil is offered the alternative of classroom instruction.
(I) Signatures, affixed prior to the commencement of independent study, by
1. the pupil or adult education student;
2. the pupil's parent, legal guardian, or caregiver as that term is used in Family Code Section 6550 and following, if the pupil is less than 18 years of age;
3. the certificated employee who has been designated as having responsibility for the general supervision of independent study; and
4. all other persons, if any, who had direct responsibility for providing assistance to the pupil or adult education student.
(8) Verify that no days of attendance were reported for dates prior to the signing of the agreement by all parties.
(9) Trace each pupil's or adult education student's attendance from the attendance records to the teacher's register, record of the pupil's or adult education student's work completed, and the corresponding work assignment record. Verify that evaluated pupil/adult education student work samples, bearing signed or initialed and dated notations by the supervising teacher indicating that he or she personally evaluated the work, or that he or she personally reviewed the evaluations made by another certificated teacher, have been retained in the file.
(10) Verify that the pupil/adult education student work product samples are related to the assignment pursuant to which the work was undertaken and reflect the curriculum adopted by the local governing board and not an alternative curriculum.
(11) Review records and other relevant documentation to verify that each pupil's choice to commence or to continue in independent study was entirely voluntary and uncoerced.
(d) If any inappropriately reported units of Average Daily Attendance are identified through the foregoing audit procedures, recalculate, consistent with the provisions of Education Code Section 46303, the correct number of units of Average Daily Attendance. Include a statement in the Findings and Recommendations section of the audit report of the number of units of Average Daily Attendance that were inappropriately reported for apportionment and an estimate of their dollar value.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 3-15-2004 as an emergency; operative 3-15-2004 (Register 2004, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-13-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-15-2004 order, including amendment of section, transmitted to OAL 5-6-2004 and filed 6-23-2004 (Register 2004, No. 26).
3. Change without regulatory effect amending subsection (b)(4) filed 5-12-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 19).
4. New subsections (a)(2) and (a)(3), subsection renumbering and amendment of newly designated subsection (a)(4) filed 6-12-2006 as an emergency; operative 6-12-2006 (Register 2006, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-10-2006 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-12-2006 order transmitted to OAL 9-20-2006 and filed 9-29-2006 (Register 2006, No. 39).
§19820. Continuation Education.
Note • History
Verify that the monthly site attendance summaries provide accurate information by performing the following procedures:
(a) Reconcile the monthly totals (days of apportionment attendance) on the site's attendance summary to the summary maintained by the district for the Second Principal and the Annual attendance reports.
(b) Select a test month in the Second Principal attendance reporting period. Verify the mathematical accuracy of the monthly report and trace the totals to the site's attendance summary.
(c) Select a representative sample of classes (teachers). Trace the monthly totals from the monthly report to the data origination documentation. Verify the mathematical accuracy of the attendance registers, scantron summaries, or other data arrays.
(d) Select a representative sample of pupils and perform the following procedures:
(1) Trace each pupil's attendance in the weekly attendance records to the teacher's attendance register or other approved record.
(2) Verify that hourly attendance accounting was used.
(3) Verify that attendance was not credited for more than the scheduled class time.
(e) Review weekly attendance records to verify that the district did not claim more than 15 hours per week, or a proportionally reduced number of hours per week when there were fewer than five school days.
(f) Select a representative sample of continuation pupils enrolled in work experience education.
(1) Review the weekly attendance reports and attendance registers to verify that each pupil actually attended, as set forth in Education Code Section 48400, four 60-minute hours in each week in which he/she generated additional hours of work experience apportionment attendance credit.
(2) Verify that the pupils received at least one instructional period per week of classroom work experience instruction or counseling as required by Education Code Section 51760.3(b).
(3) Verify that not more than 10 percent of each continuation high school's Average Daily Attendance at Second Principal (exclusive of Average Daily Attendance for a pupil who was pregnant or was a parent and the primary caregiver for one or more of his or her children) was generated through independent study as provided in Education Code Section 51745(b).
(g) If any inappropriately reported units of Average Daily Attendance are identified through the foregoing audit procedures, recalculate, consistent with the provisions of Education Code Section 46303, the correct number of units of Average Daily Attendance. Include a statement in the Findings and Recommendations section of the audit report of the number of units of Average Daily Attendance that were inappropriately reported for apportionment and an estimate of their dollar value.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 3-15-2004 as an emergency; operative 3-15-2004 (Register 2004, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-13-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-15-2004 order, including amendment of subsection (e), transmitted to OAL 5-6-2004 and filed 6-23-2004 (Register 2004, No. 26).
Note • History
Verify that the monthly site attendance summaries provide accurate information by performing the following procedures:
(a) Reconcile the monthly totals (days of apportionment attendance) on the site's attendance summary to the summary maintained by the district for the Annual attendance reports.
(b) Select a test month in the Annual attendance reporting period. Verify the mathematical accuracy of the monthly report and trace the totals to the site's attendance summary.
(c) Select a representative sample of classes (teachers) for both exclusively adult education students and concurrently enrolled K-12 pupils (if any). Trace the monthly totals from the monthly report to the data origination documentation. Verify the mathematical accuracy of the attendance registers, scantron summaries, or other data arrays.
(d) Verify that hourly attendance accounting was used.
(e) Verify that attendance was not credited for more than the scheduled class time.
(f) Verify that the district used individual teacher-certified records of the minutes of each pupil's or student's actual attendance for classes (sometimes termed ad hoc or laboratory class settings) that provided more total hours of class time than the minimum required to be attended for pupils or students to receive full credit for the class.
(g) Select a representative sample of K-12 pupils concurrently enrolled in adult education, if any. For each pupil selected, determine, from the adult school files, the K-12 program/school site in which the pupil was enrolled. Review the pupil's K-12 program/class schedule and/or transcript located at the K-12 program/school site and verify that the pupil was concurrently enrolled in adult education courses that supplemented and enriched, and did not supplant, the regular course offerings required to complete the curriculum for the K-12 program in which the pupil was enrolled.
(h) Review each concurrently enrolled pupil's file to ensure there is documentation of a counseling session--a communication whether by phone or in person which involved the pupil, a certificated representative of the high school, and the pupil's parent, guardian, or caretaker--that met the requirements of Education Code Section 52500.1(b).
(i) Review the district's records to ensure that it submitted to the California Department of Education for approval, in advance, a list of all courses provided.
(j) If any inappropriately reported units of Average Daily Attendance are identified through the foregoing audit procedures, recalculate, consistent with the provisions of Education Code Section 46303, the correct number of units of Average Daily Attendance. Include a statement in the Findings and Recommendations section of the audit report of the number of units of Average Daily Attendance that were inappropriately reported for apportionment and an estimate of their dollar value.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 3-15-2004 as an emergency; operative 3-15-2004 (Register 2004, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-13-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-15-2004 order, including amendment of subsections (a) and (f), transmitted to OAL 5-6-2004 and filed 6-23-2004 (Register 2004, No. 26).
§19821.5. California Work Opportunity and Responsibility to Kids (CalWORKs).
Note • History
(a) Determine whether the school district or regional occupational center or program (ROC/P) received funding for serving CalWORKs eligible students. If so, perform the following procedures:
(b) Determine whether the school district or regional occupational center or program
(1) Met the terms of the interagency agreement between the California Department of Education and the State Department of Social Services pursuant to Provision 2 of Budget Act Item 6110-156-0001 (Statutes of 2009, Chapter 1 (SBX3 1)).
(2) Fully claimed its respective adult education or regional occupational centers or programs Average Daily Attendance cap for the audit year.
(3) Claimed the maximum allowable funds available under the interagency agreement pursuant to Provision 2 of Budget Act Item 6110-156-0001 (Statutes of 2009, Chapter 1 (SBX3 1)).
(c) If the school district or regional occupational center or program did not meet the requirements set forth in procedures 1 through 3 of subparagraph (b) of this section, the school district or regional occupational center or program was not eligible to claim funds for services provided to CalWORKs eligible students. Include a finding in the Findings and Recommendations section of the audit report showing the full amount of funding received for serving CalWORKs eligible students as disallowed.
(d) Verify that the funds received by the school district or ROC/P for serving CalWORKs eligible students
(1) were used only for educational activities that were designed to increase self-sufficiency, job training, and work; and
(2) were used to supplement and not supplant existing funds and services for CalWORKs eligible students.
(e) If the school district or regional occupational center or program was not in compliance with either of the requirements set forth in audit procedures 1 or 2 of subparagraph (d) of this section, include a finding in the Findings and Recommendations section of the audit report showing the amount of inappropriately expended funds as disallowed.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 6-29-2009 as an emergency; operative 6-29-2009 (Register 2009, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-28-2009 or emergency language will be repealed by operation of law on the following day.
§19822. Regional Occupational Centers and Programs.
Note • History
Verify that the monthly site attendance summaries provide accurate information by performing the following procedures:
(a) Reconcile the monthly totals (days of apportionment attendance) on the site's attendance summary to the summary maintained by the local education agency for the Annual attendance reports.
(b) Select a test month in the Annual attendance reporting period. Verify the mathematical accuracy of the monthly report and trace the totals to the site's attendance summary.
(c) Select a representative sample of classes (teachers), and trace the monthly totals from the monthly report to the data origination documentation. Verify the mathematical accuracy of the attendance registers, scantron summaries, or other data arrays.
(d) Verify that hourly attendance accounting was used.
(e) Verify that attendance was not credited for more than the scheduled class time.
(f) Verify that the local education agency used individual teacher-certified records of the minutes of each pupil's or student's actual attendance for classes (sometimes termed laboratory class, community classroom, workplace learning, or cooperative education setting) that were not conducted in a fashion that required all pupils/students to be present at a set time or in which more hours of class time were available than the minimum number of hours pupils/students had to attend to receive full credit.
(g) If any inappropriately reported units of Average Daily Attendance are identified through the foregoing audit procedures, recalculate, consistent with the provisions of Education Code Section 46303, the correct number of units of Average Daily Attendance. Include a statement in the Findings and Recommendations section of the audit report of the number of units of Average Daily Attendance that were inappropriately reported for apportionment and an estimate of their dollar value.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 3-15-2004 as an emergency; operative 3-15-2004 (Register 2004, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-13-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-15-2004 order, including amendment of subsection (f), transmitted to OAL 5-6-2004 and filed 6-23-2004 (Register 2004, No. 26).
§19823. Instructional Time and Staff Development Reform Program.
Note • History
Review the site calendars and perform the following procedures:
(a) Verify that the number of Instructional Time and Staff Development Reform Program staff development days claimed did not exceed three for each certificated classroom teacher and one for each classified classroom instructional aide or certificated teaching assistant.
(b) Verify that each Instructional Time and Staff Development Reform Program staff development day was intended to provide training in one or more of the following: instructional methods, including teaching strategies, classroom management and other training designed to improve pupil performance, conflict resolution, and academic content in the core curriculum areas that are provided by the local education agency. Staff development days held on or after January 1, 2004, additionally may be intended to provide training in intolerance and hatred prevention.
(c) Verify that contemporaneous records support the number of Instructional Time and Staff Development Reform Program staff development days funded.
(d) Verify that no Instructional Time and Staff Development Reform Program staff development days were counted as instructional days for apportionment purposes.
(e) Verify that Instructional Time and Staff Development Reform Program staff development was not conducted after school on any minimum day of which parents or guardians were notified pursuant to Education Code Section 48980(c), except as provided for staff in multitrack year-round schools.
(f) Verify that each staff development day was at least as long as the full-time instructional workday for certificated or classified instructional employees.
(g) Verify that each participant was present for a full-time instructional work day or the aggregate equivalent.
(h) If any ineligible Instructional Time and Staff Development Reform Program staff development days are identified through the foregoing procedures, prepare a schedule of the number of days audited and the number of ineligible days identified. Calculate the disallowance and estimate the dollar value, and include the schedule in the Findings and Recommendations section of the audit report.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 3-15-2004 as an emergency; operative 3-15-2004 (Register 2004, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-13-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-15-2004 order, including amendment of section, transmitted to OAL 5-6-2004 and filed 6-23-2004 (Register 2004, No. 26).
Note • History
For fiscal year 2011-12 only, do not perform the procedures set forth in this section. Perform the procedures set forth in Section 19824.1 instead.
(a) School districts: For fiscal years 2003-04 through 2008-09, perform the following procedures:
(1) Select a sample of schools that is representative of the district and sufficient in size to allow the auditor to draw a reasonable conclusion with respect to the district's compliance with instructional time requirements. Review the school attendance calendar and bell (class) schedules of the sampled schools. Ascertain whether any individual days are shorter than the usual length, by grade level, in that school. Compare the instructional minutes from each school site's bell (class) schedule to total instructional minutes computed by the business office.
(2) Determine, by grade level, the total number of days in each sampled school's attendance calendar that were of at least the minimum length required, pursuant to Education Code sections 46112, 46113, 46114, 46115, 46117, and 46119, for elementary schools, or sections 46141, and 46142, for junior high schools and high schools, and compare the totals to the standards set forth in Education Code section 41420 or 37670, as applicable.
(3) If all sampled regular day schools have fewer than the applicable minimum number of days, determine whether the same is true for all the regular day schools of the district.
(4) If all regular day schools have fewer than the applicable minimum number of days, the district is subject to the penalty provided in subdivision (a) of Education Code Section 41420. Include a statement of that fact and the amount of the penalty in the Findings and Recommendations section of the audit report.
If the district is not subject to the penalty provided in subdivision (a) of Education Code Section 41420 but is subject to one or more penalties as provided in subdivision (b) of Education Code Section 41420, prepare a separate schedule for each school that was not in compliance showing the number of additional days the school would have had to maintain operations to meet the 175 day requirement, or the 163 day requirement if the school was operated on a multitrack year-round schedule, and calculate the penalty or penalties. Include both the schedule(s) and the amount(s) of the calculated penalty or penalties in a finding in the Findings and Recommendations section of the audit report.
(5) Compare the amount of time offered for each grade level in each sampled school during the year being audited to the required amount of instructional time as set forth in Education Code Section 46201, and to the amount offered by the district during the 1982-83 year.
(6) Determine whether the district offered optional classes to satisfy incentive funding requirements. If enrollment in optional classes is low, review the district's documentation of class offerings to ensure that the district has acted effectively to comply with the law. Practices that are not consistent with effectively offering additional instructional time may include, but are not limited to, offering only a small number of courses that in addition are appropriate only for limited numbers of pupils, and courses scheduled such that pupils may take them only by giving up their lunch period or by attending school outside the schedule of district-provided bus service.
(7) Prepare the “Schedule of Instructional Time” that must be presented in the Supplementary Information section of the audit report, showing by grade level the number(s) of instructional minutes offered by the district in the 1982-83 year; the 1986-87 instructional time requirements specified in Education Code Section 46201; the instructional minutes offered during the year audited showing the school with the lowest number of minutes offered at each grade level; the number of instructional days offered during the year audited on the traditional calendar and on any multitrack calendars; and whether the district complied with the instructional minutes and days provisions. State in a note to the schedule whether the district received incentive funding for increasing instructional time pursuant to the Longer Instructional Day incentives.
(8) If any schools were not in compliance with the instructional minutes or days provisions, or both, prepare a separate schedule for each school showing only those grade levels that were not in compliance and calculate the penalty or penalties pursuant to Education Code Section 46200(c), 46201(d), or 46202(b). Include both the schedule(s) and the calculated penalty or penalties in a finding in the Findings and Recommendations section of the audit report.
(b) School districts: In accordance with the provisions of subdivision (a) of Education Code Section 46201.2 and consistent with subdivision (a) of Education Code Section 46201.3, for fiscal years 2009-10 and 2010-11, and fiscal years 2012-13 through 2014-15, perform the following procedures:
(1) Select a sample of schools that is representative of the district and sufficient in size to allow the auditor to draw a reasonable conclusion with respect to the district's compliance with instructional time requirements. Review the school attendance calendar and bell (class) schedules of the sampled schools. Ascertain whether any individual days are shorter than the usual length, by grade level, in that school. Compare the instructional minutes from each school site's bell (class) schedule to total instructional minutes computed by the business office.
(2) Determine, by grade level, the total number of days in each sampled school's attendance calendar that were of at least the minimum length required, pursuant to Education Code sections 46112, 46113, 46114, 46115, 46117, and 46119, for elementary schools, or sections 46141, and 46142, for junior high schools and high schools. Compare the total qualifying days by grade level for each sampled school to the standards set forth in Education Code section 41420 or 37670, as applicable, as reduced by the provisions of subdivision (a) of Education Code Section 46201.2 to 170 days for schools on a traditional calendar, or to 158 days for multitrack year-round schools.
(3) If all sampled regular day schools have fewer than the applicable minimum number of days as set forth in subparagraph (b)(2) of this section, determine whether the same is true for all the regular day schools of the district.
(4) If all regular day schools have fewer than the applicable minimum number of days, the district is subject to the penalty provided in subdivision (a) of Education Code Section 41420. Include a statement of that fact and the calculation and amount of the penalty in the Findings and Recommendations section of the audit report.
(5) If the district is not subject to the penalty provided in subdivision (a) of Education Code Section 41420 but is subject to one or more penalties as provided in subdivision (b) of Education Code Section 41420, prepare a separate schedule for each school that was not in compliance showing the number of additional days the school would have had to maintain operations to meet the 170 day requirement, or the 158 day requirement if the school was operated on a multitrack year-round schedule. Calculate the penalty or penalties. Include the schedule(s), the calculation(s), and amount(s) of the penalty or penalties in a finding in the Findings and Recommendations section of the audit report.
(6) Determine whether the district received an apportionment pursuant to the Longer Day incentives prescribed by the provisions of Education Code Section 46201.
(A) If the district received an apportionment for Longer Day and received an apportionment pursuant to the Longer Year incentives prescribed by the provisions of subdivision (a) of the Education Code Section 46200:
1. Determine the required amount of instructional time by reducing the amount of time by grade level specified in Education Code Section 46201 and the amount offered by the district during the 1982-83 school year by the result of dividing the time for each grade level by 180 and multiplying by 5.
2. Compare the amount of time offered for each grade level in each sampled school during the year being audited to the required amount of instructional time as determined in subparagraph (b)(6)(A)1. of this section.
(B) If the district received an apportionment for Longer Day but did not receive an apportionment for Longer Year incentives:
1. Determine the required amount of instructional time by reducing the amount of time by grade level specified in Education Code Section 46201 and the amount offered by the district during the 1982-83 school year by the result of dividing the time for each grade level by 175 and multiplying by 5.
2. Compare the amount of time offered for each grade level in each sampled school during the year being audited to the required amount of instructional time as determined in subparagraph (b)(6)(B)1. of this section.
(C) If the district did not receive an apportionment for the Longer Day but did receive an apportionment for Longer Year incentives:
1. Determine the required amount of instructional time by reducing the amount of time by grade level offered by the district during the 1982-83 school year by the result of dividing the time for each grade level by 180 and multiplying by 5.
2. Compare the amount of time offered for each grade level in each sampled school during the year being audited to the required amount of instructional time as determined in subparagraph (b)(6)(C)1. of this section.
(D) If the district did not receive an apportionment for Longer Day and did not receive an apportionment for the Longer Year incentives:
1. Determine the required amount of instructional time by reducing the amount of time by grade level offered by the district during the 1982-83 school year by the result of dividing the time for each grade level by 175 and multiplying by 5.
2. Compare the amount of time offered for each grade level in each sampled school during the year being audited to the required amount of instructional time as determined in subparagraph (b)(6)(D)1. of this section.
(7) Determine whether the district offered optional classes to satisfy incentive funding requirements. If enrollment in optional classes is low, review the district's documentation of class offerings to ensure that the district has acted effectively to comply with the law. Practices that are not consistent with effectively offering additional instructional time may include, but are not limited to, offering only a small number of courses that in addition are appropriate only for limited numbers of pupils, and courses scheduled such that pupils may take them only by giving up their lunch period or by attending school outside the schedule of district-provided bus service.
(8) Prepare the “Schedule of Instructional Time” that must be presented in the Supplementary Information section of the audit report, showing by grade level the number(s) of instructional minutes offered by the district in the 1982-83 year, and the district's 1982-83 instructional minutes as reduced pursuant to subparagraph (b)(6) of this section as applicable; the 1986-87 instructional time requirements specified in Education Code Section 46201, and the 1986-87 instructional time requirements as reduced pursuant to subparagraph (b)(6) of this section as applicable; the instructional minutes offered during the year audited showing the school with the lowest number of minutes offered at each grade level; the number of instructional days offered during the year audited on the traditional calendar and on any multitrack calendars; and whether the district complied with the reduced instructional minutes and days provisions. State in a note to the schedule whether the district received incentive funding for increasing instructional time pursuant to the Longer Instructional Day incentives.
(9) If any schools were not in compliance with the instructional minutes requirements as calculated pursuant to subparagraph (b)(6) of this section as applicable, or the instructional days requirements pursuant to subparagraph (b) of this section as applicable, or both, prepare a separate schedule for each school showing only those grade levels that were not in compliance and calculate the penalty or penalties pursuant to Education Code Section 46200(e), 46201(d), or 46202(b). Include the schedule(s), the calculation, and the amount of the penalty or penalties in a finding in the Findings and Recommendations section of the audit report.
(c) County offices of education: For fiscal years 2003-04 through 2008-09, if the county office of education received Longer Instructional Day or Longer Year incentive funding, or both, for the fiscal year audited for special day classes, perform the following procedures:
(1) Review the school attendance calendar and bell (class) schedules. Determine the amount of instructional time offered by each school.
(2) Determine whether the county office of education complied with the instructional time incentive funding requirements by comparing the amount of time offered for each grade level during the year being audited to the required amount of instructional time as set forth in Education Code Section 46201.5.
(3) Prepare the “Schedule of Instructional Time” that must be presented in the Supplementary Information section of the audit report showing by grade level the 1986-87 instructional time requirements specified in Education Code Section 46201.5; the instructional minutes offered during the year audited showing the school with the lowest number of minutes; the number of instructional days offered during the year audited on the traditional calendar and on any multitrack calendars; whether the county office of education complied with the instructional minutes requirements; and, if the county office of education received an apportionment pursuant to Education Code Section 46200.5(a), whether the county office of education complied with the instructional days provisions. State in a note to the schedule whether the county office of education received incentive funding for increasing instructional time pursuant to the Longer Instructional Day incentives and whether it received an apportionment pursuant to Education Code Section 46200.5(a).
(4) If any schools were not in compliance with the instructional minutes or days provisions, or both, prepare a separate schedule for each such school showing only those grade levels that were not in compliance and calculate the penalty or penalties set forth in Education Code Section 46200.5(c) or 46201.5(e). Include both the schedule(s) and the calculated penalty or penalties in a finding in the Findings and Recommendations section of the audit report.
(d) County offices of education: If the county office of education received Longer Instructional Day or Longer Year incentive funding, or both, for the fiscal year audited for special day classes, in accordance with the provisions of subdivision (a) of Education Code Section 46201.2 and consistent with subdivision (a) of Education Code Section 46201.3, for fiscal years 2009-10 and 2010-11, and fiscal years 2012-13 through 2014-15, perform the following procedures:
(1) Review the school attendance calendar and bell (class) schedules. Determine the amount of instructional time and the number of instructional days offered by each school.
(2) If the county office of education received an apportionment for the both the Longer Day incentives prescribed by the provisions of Education Code Section 46201.5 and the Longer Year incentives prescribed by the provisions of Education Code Section 46200.5:
(A) Determine the required amount of instructional time by reducing the amount of time by grade level specified in Education Code Section 46201.5 by the result of dividing the time for each grade level by 180 and multiplying by 5.
(B) Compare the amount of time offered for each grade level during the year being audited to the required amount of instructional time as determined in subparagraph (d)(2)(A) of this section.
(3) If the county office of education received an apportionment for the Longer Day but not for the Longer Year incentives:
(A) Determine the required amount of instructional time by reducing the amount of time by grade level specified in Education Code Section 46201.5 by the result of dividing the time for each grade level by 175 and multiplying by 5.
(B) Compare the amount of time offered for each grade level during the year being audited to the required amount of instructional time as determined in subparagraph (d)(3)(A) of this section.
(4) Prepare the “Schedule of Instructional Time” that must be presented in the Supplementary Information section of the audit report showing by grade level the 1986-87 instructional time requirements specified in Education Code Section 46201.5, and the 1986-87 instructional time requirements as reduced pursuant to subparagraph (d)(2)(A) or (d)(3)(A) of this section, as applicable; the instructional minutes offered during the year audited showing the school with the lowest number of minutes; the number of instructional days offered during the year audited on the traditional calendar and on any multitrack calendars; whether the county office of education complied with the reduced instructional minutes requirements as calculated pursuant to subparagraph (d)(2)(A) or (d)(3)(A) of this section, as applicable; and, if the county office of education received an apportionment pursuant to Education Code Section 46200.5(a), whether the county office of education complied with the instructional days provisions as reduced by the provisions of Education Code Section 46201.2. State in a note to the schedule whether the county office of education received incentive funding for increasing instructional time pursuant to the Longer Instructional Day incentives and whether it received an apportionment pursuant to Education Code Section 46200.5(a).
(5) If any schools were not in compliance with the reduced instructional minutes or days provisions, or both, prepare a separate schedule for each such school showing only those grade levels that were not in compliance and the calculation and amount of the penalty or penalties set forth in Education Code Section 46200.5(c) or 46201.5(e). Include both the schedule(s) and the calculated penalty or penalties in a finding in the Findings and Recommendations section of the audit report.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 3-15-2004 as an emergency; operative 3-15-2004 (Register 2004, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-13-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-15-2004 order, including amendment of subsections (a)(1) and (a)(3), transmitted to OAL 5-6-2004 and filed 6-23-2004 (Register 2004, No. 26).
3. Amendment of subsection (a)(1), new subsections (a)(2)-(4), subsection renumbering and amendment of newly designated subsections (a)(7)-(8) and subsections (b)(3)-(4) filed 6-12-2006 as an emergency; operative 6-12-2006 (Register 2006, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-10-2006 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction of subsection (a)(2) (Register 2006, No. 39).
5. Certificate of Compliance as to 6-12-2006 order transmitted to OAL 9-20-2006 and filed 9-29-2006 (Register 2006, No. 39).
6. Amendment filed 2-26-2010 as an emergency; operative 2-26-2010 (Register 2010, No. 9). A Certificate of Compliance must be transmitted to OAL by 8-25-2010 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 2-26-2010 order transmitted to OAL 4-28-2010 and filed 6-9-2010 (Register 2010, No. 24).
8. New first paragraph and amendment of subsections (b) and (d) filed 2-9-2012 as an emergency; operative 2-9-2012 (Register 2012, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-7-2012 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 2-9-2012 order transmitted to OAL 7-16-2012 and filed 8-8-2012 (Register 2012, No. 32).
Note • History
For fiscal year 2011-12 only, perform the following procedures:
(a) School districts:
(1) Select a sample of schools that is representative of the district and sufficient in size to allow the auditor to draw a reasonable conclusion with respect to the district's compliance with instructional time requirements. Review the school attendance calendar and bell (class) schedules of the sampled schools. Ascertain whether any individual days are shorter than the usual length, by grade level, in that school. Compare the instructional minutes from each school site's bell (class) schedule to total instructional minutes computed by the business office.
(2) Determine, by grade level, the total number of days in each sampled school's attendance calendar that were of at least the minimum length required, pursuant to Education Code sections 46112, 46113, 46114, 46115, 46117, and 46119, for elementary schools, or sections 46141, and 46142, for junior high schools and high schools. Compare the total qualifying days by grade level for each sampled school to the standards set forth in Education Code section 41420 or 37670, as applicable, as reduced by the provisions of Education Code sections 46201.2(a) and 46201.3(a), to 163 days for schools on a traditional calendar, or to 151 days for multitrack year-round schools.
(3) If all sampled regular day schools have fewer than the applicable minimum number of days as set forth in subparagraph (a)(2) of this section, determine whether the same is true for all the regular day schools of the district.
(4) If all regular day schools have fewer than the applicable minimum number of days, the district is subject to the penalty provided in subdivision (a) of Education Code Section 41420. Include a statement of that fact and the calculation and amount of the penalty in the Findings and Recommendations section of the audit report.
(5) If the district is not subject to the penalty provided in subdivision (a) of Education Code Section 41420 but is subject to one or more penalties as provided in subdivision (b) of Education Code Section 41420, prepare a separate schedule for each school that was not in compliance showing the number of additional days the school would have had to maintain operations to meet the 163 day requirement, or the 151 day requirement if the school was operated on a multitrack year-round schedule. Calculate the penalty or penalties. Include the schedule(s), the calculation(s), and amount(s) of the penalty or penalties in a finding in the Findings and Recommendations section of the audit report.
(6) Determine whether the district received an apportionment pursuant to the Longer Day incentives prescribed by the provisions of Education Code Section 46201.
(A) If the district received an apportionment for Longer Day and received an apportionment pursuant to the Longer Year incentives prescribed by the provisions of subdivision (a) of the Education Code Section 46200:
1. Determine the required amount of instructional time by reducing the amount of time by grade level that is specified in Education Code Section 46201 and the amount offered by the district during the 1982-83 school year by the result of dividing the time for each grade level by 180 and multiplying by 12.
2. Compare the amount of time offered for each grade level in each sampled school during the year being audited to the required amount of instructional time as determined in subparagraph (a)(6)(A)1. of this section.
(B) If the district received an apportionment for Longer Day but did not receive an apportionment for Longer Year incentives:
1. Determine the required amount of instructional time by reducing the amount of time by grade level that is specified in Education Code Section 46201 and the amount offered by the district during the 1982-83 school year by the result of dividing the time for each grade level by 175 and multiplying by 12.
2. Compare the amount of time offered for each grade level in each sampled school during the year being audited to the required amount of instructional time as determined in subparagraph (a)(6)(B)1. of this section.
(C) If the district did not receive an apportionment for the Longer Day but did receive an apportionment for Longer Year incentives:
1. Determine the required amount of instructional time by reducing the amount of time by grade level offered by the district during the 1982-83 school year by the result of dividing the time for each grade level by 180 and multiplying by 12.
2. Compare the amount of time offered for each grade level in each sampled school during the year being audited to the required amount of instructional time as determined in subparagraph (a)(6)(C)1. of this section.
(D) If the district did not receive an apportionment for Longer Day and did not receive an apportionment for the Longer Year incentives:
1. Determine the required amount of instructional time by reducing the amount of time by grade level offered by the district during the 1982-83 school year by the result of dividing the time for each grade level by 175 and multiplying by 12.
2. Compare the amount of time offered for each grade level in each sampled school during the year being audited to the required amount of instructional time as determined in subparagraph (a)(6)(D)1. of this section.
(7) Determine whether the district offered optional classes to satisfy incentive funding requirements. If enrollment in optional classes is low, review the district's documentation of class offerings to ensure that the district has acted effectively to comply with the law. Practices that are not consistent with effectively offering additional instructional time may include, but are not limited to, offering only a small number of courses that in addition are appropriate only for limited numbers of pupils, and courses scheduled such that pupils may take them only by giving up their lunch period or by attending school outside the schedule of district-provided bus service.
(8) Prepare the “Schedule of Instructional Time” that must be presented in the Supplementary Information section of the audit report, showing by grade level the number(s) of instructional minutes offered by the district in the 1982-83 year, and the district's 1982-83 instructional minutes as reduced pursuant to subparagraph (a)(6) of this section as applicable; the 1986-87 instructional time requirements specified in Education Code Section 46201, and the 1986-87 instructional time requirements as reduced pursuant to subparagraph (a)(6) of this section as applicable; the instructional minutes offered during the year audited showing the school with the lowest number of minutes offered at each grade level; the number of instructional days offered during the year audited on the traditional calendar and on any multitrack calendars; and whether the district complied with the reduced instructional minutes and days provisions. State in a note to the schedule whether the district received incentive funding for increasing instructional time pursuant to the Longer Instructional Day incentives.
(9) If any schools were not in compliance with the instructional minutes requirements as calculated pursuant to subparagraph (a)(6) of this section as applicable, or the instructional days requirements pursuant to subparagraph (a) of this section as applicable, or both, prepare a separate schedule for each school showing only those grade levels that were not in compliance and calculate the penalty or penalties pursuant to Education Code Section 46200(e), 46201(d), or 46202(b). Include the schedule(s), the calculation, and the amount of the penalty or penalties in a finding in the Findings and Recommendations section of the audit report.
(b) County offices of education: If the county office of education received Longer Instructional Day or Longer Year incentive funding, or both, for special day classes, perform the following procedures:
(1) Review the school attendance calendar and bell (class) schedules. Determine the amount of instructional time and the number of instructional days offered by each school.
(2) If the county office of education received an apportionment for both the Longer Day incentives prescribed by the provisions of Education Code Section 46201.5 and the Longer Year incentives prescribed by the provisions of Education Code Section 46200.5:
(A) Determine the required amount of instructional time by reducing the amount of time by grade level that is specified in Education Code Section 46201.5 by the result of dividing the time for each grade level by 180 and multiplying by 12.
(B) Compare the amount of time offered for each grade level during the year being audited to the required amount of instructional time as determined in subparagraph (b)(2)(A) of this section.
(3) If the county office of education received an apportionment for the Longer Day but not for the Longer Year incentives:
(A) Determine the required amount of instructional time by reducing the amount of time by grade level that is specified in Education Code Section 46201.5 by the result of dividing the time for each grade level by 175 and multiplying by 12.
(B) Compare the amount of time offered for each grade level during the year being audited to the required amount of instructional time as determined in subparagraph (b)(3)(A) of this section.
(4) Prepare the “Schedule of Instructional Time” that must be presented in the Supplementary Information section of the audit report showing by grade level the 1986-87 instructional time requirements specified in Education Code Section 46201.5, and the 1986-87 instructional time requirements as reduced pursuant to subparagraph (b)(2)(A) or (b)(3)(A) of this section, as applicable; the instructional minutes offered during the year audited showing the school with the lowest number of minutes; the number of instructional days offered during the year audited on the traditional calendar and on any multitrack calendars; whether the county office of education complied with the reduced instructional minutes requirements as calculated pursuant to subparagraph (b)(2)(A) or (b)(3)(A) of this section, as applicable; and, if the county office of education received an apportionment pursuant to Education Code Section 46200.5(a), whether the county office of education complied with the instructional days provisions as reduced by the provisions of Education Code sections 46201.2(a) and 46201.3(a). State in a note to the schedule whether the county office of education received incentive funding for increasing instructional time pursuant to the Longer Instructional Day incentives and whether it received an apportionment pursuant to Education Code Section 46200.5(a).
(5) If any schools were not in compliance with the reduced instructional minutes or days provisions, or both, prepare a separate schedule for each such school showing only those grade levels that were not in compliance and the calculation and amount of the penalty or penalties set forth in Education Code Section 46200.5(c) or 46201.5(e). Include both the schedule(s) and the calculated penalty or penalties in a finding in the Findings and Recommendations section of the audit report.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 2-9-2012 as an emergency; operative 2-9-2012 (Register 2012, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-7-2012 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-9-2012 order transmitted to OAL 7-16-2012 and filed 8-8-2012 (Register 2012, No. 32).
§19825. Community Day Schools.
Note • History
(a) Verify that the minimum school day included at least 360 minutes of community day school classroom instruction by reviewing the bell schedule(s) of the school district's or county office of education's community day school(s), and that the school's practice was to schedule all pupils, other than pupils with exceptional needs whose Individualized Education Programs specified otherwise, to attend for at least the minimum day.
(b) Select a representative sample of pupils and verify that they were scheduled to attend the community day school for at least 360 minutes each day by reviewing their class assignments.
(c) Verify that pupils were provided classroom instruction by a certificated employee of the school district or county office of education for at least the minimum school day, by reviewing teacher room assignments and employment records.
(d) If any inappropriately reported units of Average Daily Attendance are identified through the foregoing audit procedures, recalculate, consistent with the provisions of Education Code Section 46303, the correct number of units of Average Daily Attendance. Include a statement in the Findings and Recommendations section of the audit report of the number of units of Average Daily Attendance that were inappropriately reported for apportionment and an estimate of their dollar value.
(e) Select a representative sample of pupils who were enrolled in the district's or county office's community day school(s) and perform the following procedures:
(1) Trace the credit reported for each sampled pupil's attendance in the fifth and sixth hours of attendance back to the record prepared by the classroom teacher.
(2) Verify that hourly attendance accounting was used.
(3) Verify that pupils who attended fewer than five hours in a school day were not reported for attendance credit for the additional funding, that attendance of five hours was reported for one-half day of attendance credit for the additional funding, and that attendance of six hours or more was reported for one whole day of attendance credit for the additional funding.
(f) If any inappropriately reported units of Average Daily Attendance are identified through the immediately foregoing procedure, prepare a schedule displaying the hours of attendance credit inappropriately reported and recalculate, consistent with the provisions of Education Code Section 46303, the correct number of units of Average Daily Attendance. Include a statement in the Findings and Recommendations section of the audit report of the number of units of Average Daily Attendance that were inappropriately reported for apportionment and an estimate of their dollar value.
(g) Select a representative sample of pupils who were enrolled in the district's or county office's community day school(s) and perform the following procedures:
(1) Trace the credit reported for each sampled pupil's attendance in the seventh and eighth hours back to the data origination record.
(2) Verify that hourly attendance accounting was used.
(3) Verify that no pupils who had not completed the full six-hour instructional school day were reported for attendance credit for the additional funding.
(4) Verify that the pupils' attendance during the seventh and eighth hours was supervised by an employee of the district or the county office of education.
(h) If any inappropriately reported hours of attendance are identified through the immediately foregoing procedure, prepare a schedule displaying the hours of attendance inappropriately reported and an estimate of their dollar value, and include it in the Findings and Recommendations section of the audit report.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 3-15-2004 as an emergency; operative 3-15-2004 (Register 2004, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-13-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-15-2004 order, including amendment of subsection (c), transmitted to OAL 5-6-2004 and filed 6-23-2004 (Register 2004, No. 26).
§19825.1. Community Day Schools.
Note • History
(a) Verify that the minimum school day included at least 360 minutes of community day school classroom instruction by reviewing the bell schedule(s) of the school district's or county office of education's community day school(s), and that the school's practice was to schedule all pupils, other than pupils with exceptional needs whose Individualized Education Programs specified otherwise, to attend for at least the minimum day.
(b) Select a representative sample of enrolled pupils and verify that they were scheduled to attend the community day school for at least 360 minutes each day by reviewing their class assignments.
(c) Verify that classroom instruction was provided by a certificated employee of the school district or county office of education for at least the minimum school day, by reviewing teacher room assignments and employment records.
(d) If any inappropriately reported units of Average Daily Attendance are identified through the foregoing audit procedures, recalculate, consistent with the provisions of Education Code Section 46303, the correct number of units of Average Daily Attendance. Include a statement in the Findings and Recommendations section of the audit report of the number of units of Average Daily Attendance that were inappropriately reported for apportionment and an estimate of their dollar value.
(e) Review the supporting documentation for the school district's claim for the additional Average Daily Attendance funding for actual attendance in the fifth and sixth hours of instruction pursuant to the provisions of subdivision (c) of Education Code Section 48663 and Education Code Section 48664. Verify that only those pupils who were identified as mandatorily expelled pursuant to subdivision (d) of Education Code Section 48915 were included in the claim for the additional fifth and sixth hour Average Daily Attendance funding, and that no pupils were included in that claim who were identified as expelled for any other reasons, or identified as probation referred pursuant to Welfare and Institutions Code sections 300 and 602, or identified as referred to the community day school by a school attendance review board or any other district level referral process.
(f) If any pupils are identified through the audit procedure in subparagraph (e) of this section as having been inappropriately included in the claim for the additional fifth and sixth hour Average Daily Attendance, include a schedule in the Findings and Recommendations section of the audit report displaying the number of pupils who were inappropriately included in the claim, the number of units of fifth and sixth hour Average Daily Attendance associated with those pupils, and an estimate of the dollar value of that fifth and sixth hour Average Daily Attendance.
(g) From the supporting documentation for the school district's claim for the additional fifth and sixth hour Average Daily Attendance as described in subparagraph (e) of this section, select a representative sample of pupils identified as mandatorily expelled and verify that those pupils were expelled pursuant to subdivision (d) of Education Code Section 48915 for commission of one or more of the acts specified in subdivision (c) of Education Code Section 48915 by reviewing the orders to expel for each pupil in the sample.
(h) If any pupils are identified through the audit procedure in subparagraph (g) of this section as having been inappropriately identified as mandatorily expelled, include a schedule in the Findings and Recommendations section of the audit report displaying the number of pupils who were inappropriately identified, the number of units of fifth and sixth hour Average Daily Attendance associated with those pupils, and an estimate of the dollar value of that fifth and sixth hour Average Daily Attendance.
(i) Using the sample selected in subparagraph (g) of this section, perform the following procedures:
(1) Trace the credit reported for each sampled pupil's attendance in the fifth and sixth hours of attendance back to the record prepared by the classroom teacher.
(2) Verify that hourly attendance accounting was used.
(3) Verify that pupils who attended fewer than five hours in a school day were not reported for attendance credit for the additional funding, that attendance of five hours was reported for one-half day of attendance credit for the additional funding, and that attendance of six hours or more was reported for one whole day of attendance credit for the additional funding.
(j) If any inappropriately reported units of fifth and sixth hour Average Daily Attendance are identified through the immediately foregoing procedure, prepare a schedule displaying the hours of attendance credit inappropriately reported and recalculate, consistent with the provisions of Education Code Section 46303, the correct number of units of Average Daily Attendance. Include a statement in the Findings and Recommendations section of the audit report of the number of units of Average Daily Attendance that were inappropriately reported for apportionment and an estimate of their dollar value.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 6-29-2009 as an emergency; operative 6-29-2009 (Register 2009, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-28-2009 or emergency language will be repealed by operation of law on the following day.
§19826. Class Size Reduction. [Renumbered]
Note • History
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 3-15-2004 as an emergency; operative 3-15-2004 (Register 2004, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-13-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-15-2004 order, including amendment of subsections (g) and (g)(2), transmitted to OAL 5-6-2004 and filed 6-23-2004 (Register 2004, No. 26).
3. New first paragraph and amendment of subsections (b)(1)(C)1., (c)(1)(C)1. and (e)(4) filed 2-10-2005 as an emergency; operative 2-10-2005 (Register 2005, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-10-2005 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-10-2005 order transmitted to OAL 5-24-2005 and filed 6-20-2005 (Register 2005, No. 25).
5. Renumbering of section 19826 to section 19845 filed 6-9-2006; operative 6-9-2006 (Register 2006, No. 23).
§19826.1. Class Size Reduction. [Renumbered]
Note • History
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 2-10-2005 as an emergency; operative 2-10-2005 (Register 2005, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-10-2005 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-10-2005 order transmitted to OAL 5-24-2005 and filed 6-20-2005 (Register 2005, No. 25).
3. Change without regulatory effect amending subsections (d)-(d)(2) and (d)(4) filed 11-10-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 45).
4. Renumbering of section 19826.1 to section 19845.1 filed 6-9-2006; operative 6-9-2006 (Register 2006, No. 23).
§19827. Morgan-Hart Class Size Reduction Program.
Note • History
(a) Determine whether the school district received Morgan-Hart Class Size Reduction Program funding pursuant to the provisions of Chapter 6.8 of Part 28 of the Education Code (commencing with Section 52080).
(b) Review the district's report of enrollment for the Morgan-Hart Class Size Reduction Program and trace the data, after determining that it is mathematically correct, to supporting summaries.
(c) Select a representative sample of schools to test, and perform the following procedures:
(1) Verify the mathematical accuracy of the calculation of Active Monthly Enrollment as defined in Section 15141(b)(1) and Section 15140(d) for each class.
(2) Trace site summaries to contemporaneous documentation.
(3) Select a representative sample of classes to verify that each class had not more than 22 pupils enrolled during the school year.
(4) Verify that the school-wide Student to Teacher Ratio as set forth in Section 15141(b)(2) for all participating classes is not more than 20 pupils per certificated teacher.
(5) Review the titles of the participating grade 9 classes to verify that the classes were in courses that count toward completion of the graduation requirements established in subparagraph (A), (B), (C), or (D) of paragraph (1) of subdivision (a) of Education Code Section 51225.3, that the classes were in not more than two courses, and that one of the courses was English.
(d) If any of the classes reported for Morgan-Hart Class Size Reduction Program funds are determined to have been ineligible, prepare a schedule summarizing the results of all procedures and presenting the noncompliant classes by grade level, course title, number of classes, amount of full year equivalent enrollment (FYEE) as defined in Section 15140(e), for grade 9 classes, or number of pupils, for grade 10, 11, and 12 classes, incorrectly reported as eligible, and the amount of Morgan-Hart Class Size Reduction Program funding claimed on the basis of the FYEE or those pupils. Include the data for each ineligible class only once, even if the class was found ineligible in more than one of the steps in the audit procedures. Include the schedule in the Findings and Recommendations section of the audit report.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503, 41020 and 52084, Education Code.
HISTORY
1. New section filed 2-17-2006 as an emergency; operative 2-17-2006 (Register 2006, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-19-2006 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 2004, No. 26.
2. Certificate of Compliance as to 2-17-2006 order transmitted to OAL 4-27-2006 and filed 6-9-2006 (Register 2006, No. 23).
§19828. Instructional Materials.
Note • History
For fiscal year 2003-04 only, perform the following audit steps:
(a) Determine whether the year audited is one for which the governing boards of school districts or county boards of education that receive funds for instructional materials from any state source are subject to the provisions of Education Code Section 60119, as set forth in subdivision (c) of that section.
(b) If the year audited is one in which the school district or county office of education was required to conduct a hearing as provided in Education Code Section 60119, perform the following audit procedures.
(1) Determine whether the school district governing board or county board of education held the public hearing or hearings required by the provisions of Education Code Section 60119 prior to making a determination through a resolution whether each pupil in each school had, or would have by the end of that fiscal year, sufficient textbooks or other instructional materials in each subject.
(2) Determine whether the school district governing board or county board of education provided 10-day notice of the required public hearing or hearings.
(3) Determine whether each notice included the time, place, and purpose of the hearing and whether the school district or county office of education posted the notice at a minimum of three public locations in the school district or county, respectively.
(4) Determine whether the resolution stated that there were, or would be by the end of that fiscal year, sufficient textbooks or instructional materials, or that the resolution stated there were insufficient textbooks or instructional materials, or both. If the latter, verify that the school district governing board or county board of education took action to ensure that each pupil would have sufficient textbooks or instructional materials, or both, within a two-year period from the date of the determination.
(c) If the school district or county office of education was not in compliance with any of the requirements set forth in the foregoing procedures, the school district or county office of education was not eligible to receive an Instructional Materials Funding Realignment Program allowance for the year audited. Include a finding in the Findings and Recommendations section of the audit report showing the full amount of Instructional Materials Funding Realignment Program allowance received as disallowed.
(d) Instructional Materials Funding Realignment Program:
(1) Determine the amount of the Instructional Materials Funding Realignment Program allowance received by the local education agency.
(2) Verify that the allowance received was accounted for separately.
(3) For kindergarten and grades 1 through 8, review the local education agency's list of instructional materials purchased and select a sample to verify that the materials were adopted by the State Board of Education in March 1999 or later, are in one of the four eligible subject areas, and bear the copyright date and are of editions of the materials adopted by the State Board of Education.
(4) For grades 9 through 12, review the local education agency's list of instructional materials purchased and select a sample to verify that the materials were reviewed and approved through a resolution adopted by the local education agency's governing board as being aligned with State Board of Education-adopted content standards.
(5) Determine whether the governing board certified, as set forth in Education Code Section 60422, that each pupil had been provided with a standards-aligned textbook or basic instructional materials.
(6) If the governing board did certify as set forth in Education Code Section 60422, review the Instructional Materials Funding Realignment Program expenditures initiated after the certification was made and select a sample to verify that the textbooks or materials were from the following categories:
(A) Purchase of instructional materials adopted by the State Board of Education pursuant to the provisions of Education Code Section 60200 for kindergarten and grades 1 through 8, or by the governing board pursuant to the provisions of Education Code Section 60400 for grades 9 through 12.
(B) Purchase, at the local education agency's discretion, of instructional materials, including, but not limited to, supplementary instructional materials and technology-based materials from any source.
(C) Purchase of tests.
(D) Binding of textbooks that were otherwise usable and were on the most recent list of basic instructional materials adopted by the State Board of Education and made available pursuant to the provisions of Education Code Section 60200.
(E) Funding of in-service training related to instructional materials.
(F) Purchase of classroom library materials for kindergarten and grades 1 through 4, if the local education agency had a plan as specified in Education Code Section 60242(d).
(e) If any of the instructional materials funds are found to have been expended inappropriately, include the amount inappropriately spent in a finding in the Findings and Recommendations section of the audit report.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 3-15-2004 as an emergency; operative 3-15-2004 (Register 2004, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-13-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-15-2004 order, including amendment of subsection (c), transmitted to OAL 5-6-2004 and filed 6-23-2004 (Register 2004, No. 26).
3. New first paragraph and amendment of subsections (b)(1), (c)-(d)(1), (d)(6)(A) and (d)(6)(D) filed 2-10-2005 as an emergency; operative 2-10-2005 (Register 2005, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-10-2005 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-10-2005 order transmitted to OAL 5-24-2005 and filed 6-20-2005 (Register 2005, No. 25).
§19828.1. Instructional Materials.
Note • History
For fiscal years 2004-05 through 2006-07, perform the following procedures:
(a) Determine whether the year audited is one for which the governing boards of school districts or county boards of education that receive funds for instructional materials from any state source are subject to the provisions of Education Code Section 60119, as set forth in subdivision (d) of that section.
(b) If the year audited is one in which the school district or county office of education was required to conduct a hearing as provided in Education Code Section 60119, perform the following audit procedures.
(1) For fiscal year 2005-06 and each fiscal year thereafter, determine whether the school district governing board or county board of education, prior to making a determination through a resolution as to the sufficiency of textbooks or other instructional materials, held the public hearing or hearings required by the provisions of Education Code Section 60119 on or before the end of the eighth week from the first day pupils attended school for that year, or, in a school district or county office of education having schools that operate on a multitrack, year-round calendar, on or before the end of the eighth week from the first day pupils attended school for that year on any track that began in August or September.
(2) Determine whether the school district governing board or county board of education provided 10-day notice of the required public hearing or hearings.
(3) Determine whether each notice included the time, place, and purpose of the hearing and whether the school district or county office of education posted the notice at a minimum of three public locations in the school district or county, respectively.
(4) Determine whether the hearing was held at a time that encouraged the attendance of teachers and parents and guardians of pupils who attend the schools in the district and did not take place during or immediately following school hours.
(5) Determine whether the resolution stated that each pupil in each school had sufficient textbooks or instructional materials aligned to the content standards adopted by the State Board of Education pursuant to Education Code Section 60605 and consistent with the content and cycles of the curriculum framework adopted by the State Board of Education, or instead that there was an insufficiency of such textbooks or instructional materials, or both, in any one or more of mathematics, science, history-social science, and English/language arts including the English language development component of an adopted program, as appropriate. If the resolution stated any insufficiency, verify that the school district governing board or county board of education provided information to classroom teachers and to the public setting forth, for each school in which an insufficiency existed, the percentage of pupils who lacked sufficient standards-aligned textbooks or instructional materials in each subject area and the reasons that each pupil did not have sufficient standards-aligned textbooks or instructional materials, or both, and took action to ensure that each pupil would have sufficient textbooks or instructional materials, or both, within two months of the beginning of the school year in which the determination was made.
(6) Verify whether the governing board made a written determination as to whether each pupil enrolled in a foreign language or health course had sufficient textbooks or instructional materials that were consistent with the content and cycles of the curriculum frameworks adopted by the State Board of Education for those subjects.
(7) Verify whether the governing board determined the availability of laboratory science equipment as applicable to science laboratory courses offered in grades 9 to 12, inclusive.
(c) If the school district or county office of education was not in compliance with any of the requirements set forth in procedures 1 through 5 of subdivision (b) of this section, the school district or county office of education was not eligible to receive an Instructional Materials Funding Realignment Program allowance for the fiscal year audited. Include a finding in the Findings and Recommendations section of the audit report showing the full amount of Instructional Materials Funding Realignment Program allowance received as disallowed.
(d) If the school district or county office of education was not in compliance with any of the requirements set forth in procedures 6 or 7 of subparagraph (b) of this section, report the noncompliance in a finding in the Findings and Recommendations section of the audit report.
(e) Instructional Materials Funding Realignment Program:
(1) Determine the amount of the Instructional Materials Funding Realignment Program allowance received by the local education agency.
(2) Verify that the allowance received was accounted for separately.
(3) For kindergarten and grades 1 through 8, review the local education agency's list of instructional materials purchased and select a sample to verify that the materials were adopted by the State Board of Education in March 1999 or later, are in one of the four eligible subject areas, and bear the copyright date and are of editions of the materials adopted by the State Board of Education.
(4) For grades 9 through 12, review the local education agency's list of instructional materials purchased and select a sample to verify that the materials were reviewed and approved through a resolution adopted by the local education agency's governing board as being aligned with State Board of Education-adopted content standards.
(5) Determine whether the governing board certified, as set forth in Education Code Section 60422, that each pupil had been provided with a standards-aligned textbook or basic instructional materials.
(6) If the governing board did certify as set forth in Education Code Section 60422, review the Instructional Materials Funding Realignment Program expenditures initiated after the certification was made and select a sample to verify that the textbooks or materials were from the following categories:
(A) Purchase of instructional materials adopted by the State Board of Education pursuant to the provisions of Education Code Section 60200 for kindergarten and grades 1 through 8, or by the governing board pursuant to the provisions of Education Code Section 60400 for grades 9 through 12.
(B) Purchase, at the local education agency's discretion, of instructional materials, including, but not limited to, supplementary instructional materials and technology-based materials from any source.
(C) Purchase of tests.
(D) Binding of textbooks that were otherwise usable and were on the most recent list of basic instructional materials adopted by the State Board of Education and made available pursuant to the provisions of Education Code Section 60200.
(E) Funding of in-service training related to instructional materials.
(F) Purchase of classroom library materials for kindergarten and grades 1 through 4, if the local education agency had a plan as specified in Education Code Section 60242(d).
(f) If any of the instructional materials funds are found to have been expended inappropriately, include the amount inappropriately spent in a finding in the Findings and Recommendations section of the audit report.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14501, 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 2-10-2005 as an emergency; operative 2-10-2005 (Register 2005, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-10-2005 or emergency language will be repealed by operation of law on the following day.
2. Change without regulatory effect designating last paragraph as subsection (f) filed 3-21-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 12).
3. Certificate of Compliance as to 2-10-2005 order transmitted to OAL 5-24-2005 and filed 6-20-2005 (Register 2005, No. 25).
4. Amendment of subsection (b)(5) filed 6-12-2006 as an emergency; operative 6-12-2006 (Register 2006, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-10-2006 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-12-2006 order transmitted to OAL 9-20-2006 and filed 9-29-2006 (Register 2006, No. 39).
6. Amendment of first paragraph and subsections (b)(6) and (d) filed 5-18-2007 as an emergency; operative 5-18-2007 (Register 2007, No. 20). A Certificate of Compliance must be transmitted to OAL by 11-14-2007 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 5-18-2007 order transmitted to OAL 8-1-2007 and filed 9-10-2007 (Register 2007, No. 37).
§19828.2. Instructional Materials.
Note • History
For fiscal year 2007-08, perform the following procedures:
(a) Determine whether the year audited is one for which the governing boards of school districts or county boards of education that receive funds for instructional materials from any state source are subject to the provisions of Education Code Section 60119, as set forth in subdivision (d) of that section.
(b) If the year audited is one in which the school district or county office of education was required to conduct a hearing as provided in Education Code Section 60119, perform the following audit procedures.
(1) Determine whether the school district governing board or county board of education, prior to making a determination through a resolution as to the sufficiency of textbooks or other instructional materials, held the public hearing or hearings required by the provisions of Education Code Section 60119 on or before the end of the eighth week from the first day pupils attended school for that year, or, in a school district or county office of education having schools that operate on a multitrack, year-round calendar, on or before the end of the eighth week from the first day pupils attended school for that year on any track that began in August or September.
(2) Determine whether the school district governing board or county board of education provided 10-day notice of the required public hearing or hearings.
(3) Determine whether each notice included the time, place, and purpose of the hearing and whether the school district or county office of education posted the notice at a minimum of three public locations in the school district or county, respectively.
(4) Determine whether the hearing was held at a time that encouraged the attendance of teachers and parents and guardians of pupils who attend the schools in the district and did not take place during or immediately following school hours.
(5) Determine whether the resolution stated that each pupil in each school had sufficient textbooks or instructional materials aligned to the content standards adopted by the State Board of Education pursuant to Education Code Section 60605 and consistent with the content and cycles of the curriculum framework adopted by the State Board of Education, or instead that there was an insufficiency of such textbooks or instructional materials, or both, in any one or more of mathematics, science, history-social science, and English/language arts including the English language development component of an adopted program, as appropriate. If the resolution stated any insufficiency, verify that the school district governing board or county board of education provided information to classroom teachers and to the public, setting forth, in the resolution, for each school in which an insufficiency existed, the percentage of pupils who lacked sufficient standards-aligned textbooks or instructional materials in each subject area and the reasons that each pupil did not have sufficient standards-aligned textbooks or instructional materials, or both, and took action to ensure that each pupil would have sufficient textbooks or instructional materials, or both, within two months of the beginning of the school year in which the determination was made.
(6) Verify whether the governing board made a written determination as to whether each pupil enrolled in a foreign language or health course had sufficient textbooks or instructional materials that were consistent with the content and cycles of the curriculum frameworks adopted by the State Board of Education for those subjects.
(7) Verify whether the governing board determined the availability of laboratory science equipment as applicable to science laboratory courses offered in grades 9 to 12, inclusive.
(c) If the school district or county office of education was not in compliance with any of the requirements set forth in audit procedures 1 through 5 of subparagraph (b) of this section, the school district or county office of education was not eligible to receive an Instructional Materials Funding Realignment Program allowance for the fiscal year audited. Include a finding in the Findings and Recommendations section of the audit report showing the full amount of Instructional Materials Funding Realignment Program allowance received as disallowed.
(d) If the school district or county office of education was not in compliance with any of the requirements set forth in audit procedures 6 or 7 of subparagraph (b) of this section, report the noncompliance in a finding in the Findings and Recommendations section of the audit report.
(e) Instructional Materials Funding Realignment Program:
(1) Determine the amount of the Instructional Materials Funding Realignment Program allowance received by the local education agency.
(2) Verify that the allowance received was accounted for separately.
(3) For kindergarten and grades 1 through 8, review the local education agency's list of instructional materials purchased and select a sample to verify that the materials were adopted by the State Board of Education in March 1999 or later, are in one of the four eligible subject areas, and bear the copyright date and are of editions of the materials adopted by the State Board of Education.
(4) For grades 9 through 12, review the local education agency's list of instructional materials purchased and select a sample to verify that the materials were reviewed and approved through a resolution adopted by the local education agency's governing board as being aligned with State Board of Education-adopted content standards.
(5) Determine whether the governing board certified, as set forth in Education Code Section 60422, that each pupil had been provided with a standards-aligned textbook or basic instructional materials.
(6) If the governing board did certify as set forth in Education Code Section 60422, review the Instructional Materials Funding Realignment Program expenditures initiated after the certification was made and select a sample to verify that the expenditures each fell into one of the following categories:
(A) Purchase of instructional materials adopted by the State Board of Education pursuant to the provisions of Education Code Section 60200 for kindergarten and grades 1 through 8, or by the governing board pursuant to the provisions of Education Code Section 60400 for grades 9 through 12.
(B) Purchase, at the local education agency's discretion, of instructional materials, including, but not limited to, supplementary instructional materials and technology-based materials from any source.
(C) Purchase of tests.
(D) Binding of textbooks that were otherwise usable and were on the most recent list of basic instructional materials adopted by the State Board of Education and made available pursuant to the provisions of Education Code Section 60200.
(E) Funding of in-service training related to instructional materials.
(F) Purchase of classroom library materials for kindergarten and grades 1 through 4, if the local education agency had a plan as specified in subdivision (d) of Education Code Section 60242.
(f) If any of the instructional materials funds are found to have been expended inappropriately, include the amount inappropriately spent in a finding in the Findings and Recommendations section of the audit report.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14501, 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 5-18-2007 as an emergency; operative 5-18-2007 (Register 2007, No. 20). A Certificate of Compliance must be transmitted to OAL by 11-14-2007 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-18-2007 order transmitted to OAL 8-1-2007 and filed 9-10-2007 (Register 2007, No. 37).
3. Amendment of first paragraph and subsections (b)(1), (c), (d), (e)(6) and (e)(6)(F) filed 6-9-2008 as an emergency; operative 6-9-2008 (Register 2008, No. 24). A Certificate of Compliance must be transmitted to OAL by 12-8-2008 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-9-2008 order transmitted to OAL 7-29-2008 and filed 9-9-2008 (Register 2008, No. 37).
§19828.3. Instructional Materials.
Note • History
For fiscal year 2008-09, perform the following procedures:
(a) Determine whether the year audited is one for which the governing boards of school districts or county boards of education that receive funds for instructional materials from any state source are subject to the provisions of Education Code Section 60119, as set forth in subdivision (d) of that section of that section prior to the amendment effective February 20, 2009.
(b) If the year audited is one in which the school district or county office of education was required to conduct a hearing as provided in Education Code Section 60119, perform the following audit procedures.
(1) Determine whether the school district governing board or county board of education, prior to making a determination through a resolution as to the sufficiency of textbooks or other instructional materials, held the public hearing or hearings required by the provisions of Education Code Section 60119 on or before the end of the eighth week from the first day pupils attended school for that year, or, in a school district or county office of education having schools that operate on a multitrack, year-round calendar, on or before the end of the eighth week from the first day pupils attended school for that year on any track that began in August or September.
(2) Determine whether the school district governing board or county board of education provided 10-day notice of the required public hearing or hearings.
(3) Determine whether each notice included the time, place, and purpose of the hearing and whether the school district or county office of education posted the notice at a minimum of three public locations in the school district or county, respectively.
(4) Determine whether the hearing was held at a time that encouraged the attendance of teachers and parents and guardians of pupils who attend the schools in the district and did not take place during or immediately following school hours.
(5) Determine whether the resolution stated that each pupil in each school had sufficient textbooks or instructional materials aligned to the content standards adopted by the State Board of Education pursuant to Education Code Section 60605 and consistent with the content and cycles of the curriculum framework adopted by the State Board of Education, or instead that there was an insufficiency of such textbooks or instructional materials, or both, in any one or more of mathematics, science, history-social science, and English/language arts including the English language development component of an adopted program, as appropriate. If the resolution stated any insufficiency, verify that the school district governing board or county board of education provided information to classroom teachers and to the public, setting forth, in the resolution, for each school in which an insufficiency existed, the percentage of pupils who lacked sufficient standards-aligned textbooks or instructional materials in each subject area and the reasons that each pupil did not have sufficient standards-aligned textbooks or instructional materials, or both, and took action to ensure that each pupil would have sufficient textbooks or instructional materials, or both, within two months of the beginning of the school year in which the determination was made.
(6) Verify whether the governing board made a written determination as to whether each pupil enrolled in a foreign language or health course had sufficient textbooks or instructional materials that were consistent with the content and cycles of the curriculum frameworks adopted by the State Board of Education for those subjects.
(7) Verify whether the governing board determined the availability of laboratory science equipment as applicable to science laboratory courses offered in grades 9 to 12, inclusive.
(c) If the school district or county office of education was not in compliance with any of the requirements set forth in audit procedures 1 through 5 of subparagraph (b) of this section, the school district or county office of education was not eligible to receive an Instructional Materials Funding Realignment Program allowance for the fiscal year audited. Include a finding in the Findings and Recommendations section of the audit report showing the full amount of Instructional Materials Funding Realignment Program allowance received as disallowed.
(d) If the school district or county office of education was not in compliance with any of the requirements set forth in audit procedures 6 or 7 of subparagraph (b) of this section, report the noncompliance in a finding in the Findings and Recommendations section of the audit report.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14501, 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 6-9-2008 as an emergency; operative 6-9-2008 (Register 2008, No. 24). A Certificate of Compliance must be transmitted to OAL by 12-8-2008 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-9-2008 order transmitted to OAL 7-29-2008 and filed 9-9-2008 (Register 2008, No. 37).
3. Amendment of first paragraph and subsection (a) and repealer of subsections (e)-(f) filed 6-29-2009 as an emergency; operative 6-29-2009 (Register 2009, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-28-2009 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-29-2009 order transmitted to OAL 10-30-2009 and filed 12-16-2009 (Register 2009, No. 51).
§19828.4. Instructional Materials.
Note • History
(a) For fiscal year 2009-10 and each fiscal year thereafter, perform the following procedures:
(1) Determine whether the school district governing board or county board of education, prior to making a determination through a resolution as to the sufficiency of textbooks or other instructional materials, held the public hearing or hearings required by the provisions of Education Code Section 60119 on or before the end of the eighth week from the first day pupils attended school for that year, or, in a school district or county office of education having schools that operate on a multitrack, year-round calendar, on or before the end of the eighth week from the first day pupils attended school for that year on any track that began in August or September.
(2) Determine whether the school district governing board or county board of education provided 10-day notice of the required public hearing or hearings.
(3) Determine whether each notice included the time, place, and purpose of the hearing and whether the school district or county office of education posted the notice at a minimum of three public locations in the school district or county, respectively.
(4) Determine whether the hearing was held at a time that encouraged the attendance of teachers and parents and guardians of pupils who attend the schools in the district and did not take place during or immediately following school hours.
(5) Determine whether the resolution stated that each pupil in each school had sufficient textbooks or instructional materials aligned to the content standards adopted by the State Board of Education pursuant to Education Code Section 60605 and consistent with the content and cycles of the curriculum framework adopted by the State Board of Education, or instead that there was an insufficiency of such textbooks or instructional materials, or both, in any one or more of mathematics, science, history-social science, and English/language arts including the English language development component of an adopted program, as appropriate. If the resolution stated any insufficiency, verify that the school district governing board or county board of education provided information to classroom teachers and to the public, setting forth, in the resolution, for each school in which an insufficiency existed, the percentage of pupils who lacked sufficient standards-aligned textbooks or instructional materials in each subject area and the reasons that each pupil did not have sufficient standards-aligned textbooks or instructional materials, or both, and took action to ensure that each pupil would have sufficient textbooks or instructional materials, or both, within two months of the beginning of the school year in which the determination was made.
(6) Verify whether the governing board made a written determination as to whether each pupil enrolled in a foreign language or health course had sufficient textbooks or instructional materials that were consistent with the content and cycles of the curriculum frameworks adopted by the State Board of Education for those subjects.
(7) Verify whether the governing board determined the availability of laboratory science equipment as applicable to science laboratory courses offered in grades 9 to 12, inclusive.
(b) If the school district or county office of education was not in compliance with any of the requirements set forth in audit procedures 1 through 5 of subparagraph (a) of this section, the school district or county office of education was not eligible to receive an Instructional Materials Funding Realignment Program allowance for the fiscal year audited. Include a finding in the Findings and Recommendations section of the audit report showing the full amount of Instructional Materials Funding Realignment Program allowance received as disallowed.
(c) If the school district or county office of education was not in compliance with any of the requirements set forth in audit procedures 6 or 7 of subparagraph (a) of this section, report the noncompliance in a finding in the Findings and Recommendations section of the audit report.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14501, 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 6-29-2009 as an emergency; operative 6-29-2009 (Register 2009, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-28-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-29-2009 order, including repealer of subsections (d)-(e), transmitted to OAL 10-30-2009 and filed 12-16-2009 (Register 2009, No. 51).
§19829. Ratios of Administrative Employees to Teachers.
Note • History
(a) For school districts, verify that the district is in compliance with the administrator-to-teacher ratio requirement for the year audited by determining that the employees were properly classified and the ratio was calculated consistent with the provisions of Education Code Section 41403.
(b) If the number of administrators per hundred teachers exceeded the allowable ratio set forth in Education Code Section 41402, indicate the number of excess administrators and the associated penalty, as set forth in Education Code Section 41404, in the Findings and Recommendations section of the audit report.
(c) If the school district cannot show that it was in compliance with the ratio during the year audited, include a statement in the Findings and Recommendations section of the audit report that the ratio could not be confirmed.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 3-15-2004 as an emergency; operative 3-15-2004 (Register 2004, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-13-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-15-2004 order transmitted to OAL 5-6-2004 and filed 6-23-2004 (Register 2004, No. 26).
§19829.5. Classroom Teacher Salaries.
Note • History
(a) If, during the year preceding the year audited, the district had 101 units or more of Average Daily Attendance, and, during the year audited, the district was subject to the provisions of Education Code Section 41372 pursuant to the provisions of Education Code Section 41374, determine whether, after applicable audit adjustments, the district met the current expense of education percentage requirements for expenditure for payment of salaries of classroom teachers as set forth in Education Code Section 41372.
(b) If the district did not meet the applicable minimum percentage required for payment of salaries of classroom teachers, include a statement in the Findings and Recommendations section of the audit report indicating the minimum percentage required, the district's current expense of education for the year audited after applicable audit adjustments, and the dollar amount by which the district was deficient.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503, 41020 and 41372, Education Code.
HISTORY
1. New section filed 5-18-2007 as an emergency; operative 5-18-2007 (Register 2007, No. 20). A Certificate of Compliance must be transmitted to OAL by 11-14-2007 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-18-2007 order transmitted to OAL 8-1-2007 and filed 9-10-2007 (Register 2007, No. 37).
§19830. Early Retirement Incentive.
Note • History
For fiscal years 2003-04 and 2004-05, perform the following procedures:
(a) Obtain a copy of the certification required by Education Code sections 22714, 22714.5, and 44929 and verify that the school district received approval from the county office of education or that the county office of education received approval from the Superintendent of Public Instruction as appropriate.
(b) Verify that the reason(s) contained in the certification are consistent with the results of the early retirement incentive program.
(c) Verify the data disclosed as a result of the district's or county office's adoption of the early retirement incentive program.
(d) Include a disclosure in the Notes to the Basic Financial Statements that presents the number and type of positions vacated; the age, service credit, salary, and, separately, the benefits of the retirees receiving additional service credit; a comparison of the salary and benefits of each retiree with the salary and benefits of the replacement employee, if any; the resulting retirement cost, including interest, if any, and postretirement health benefit costs, incurred by the employer.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 3-15-2004 as an emergency; operative 3-15-2004 (Register 2004, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-13-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-15-2004 order, including amendment of subsection (a), transmitted to OAL 5-6-2004 and filed 6-23-2004 (Register 2004, No. 26).
3. Amendment adding new first paragraph filed 5-18-2007 as an emergency; operative 5-18-2007 (Register 2007, No. 20). A Certificate of Compliance must be transmitted to OAL by 11-14-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 5-18-2007 order transmitted to OAL 8-1-2007 and filed 9-10-2007 (Register 2007, No. 37).
§19830.1. Early Retirement Incentive.
Note • History
For fiscal year 2005-06 and each fiscal year thereafter, perform the following procedures:
(a) Obtain a copy of the certification required by Education Code sections 22714 and 44929 and verify that the school district received approval from the county office of education or that the county office of education received approval from the Superintendent of Public Instruction as appropriate.
(b) Verify that the reason(s) contained in the certification are consistent with the results of the early retirement incentive program.
(c) Verify the data disclosed as a result of the district's or county office's adoption of the early retirement incentive program.
(d) Include a disclosure in the Notes to the Basic Financial Statements that presents the number and type of positions vacated; the age, service credit, salary, and, separately, the benefits of the retirees receiving additional service credit; a comparison of the salary and benefits of each retiree with the salary and benefits of the replacement employee, if any; the resulting retirement cost, including interest, if any, and postretirement health benefit costs, incurred by the employer.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 5-18-2007 as an emergency; operative 5-18-2007 (Register 2007, No. 20). A Certificate of Compliance must be transmitted to OAL by 11-14-2007 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-18-2007 order transmitted to OAL 8-1-2007 and filed 9-10-2007 (Register 2007, No. 37).
§19831. Gann Limit Calculation.
Note • History
The following audit procedures apply to the current year appropriations limit calculation for school districts and county offices of education.
(a) Verify that the data used by the district or the county office is accurate, ensuring that the prior year Gann ADA and prior year appropriations limit used by the local education agency match the data on the prior year appropriations limit calculation previously submitted to the California Department of Education. If the district or county office has made adjustments to the prior year data, verify that the adjustments are correct. If the data has been revised, verify that the district or the county office has recalculated the prior year appropriations limit and attached a copy of the recalculation to the current year appropriations limit.
(b) If the agency is found out of compliance, include a finding in the Findings and Recommendations section of the audit report.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Section 1.5 of Article XIIIB, California Constitution.
HISTORY
1. New section filed 3-15-2004 as an emergency; operative 3-15-2004 (Register 2004, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-13-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-15-2004 order transmitted to OAL 5-6-2004 and filed 6-23-2004 (Register 2004, No. 26).
3. Amendment of first paragraph and subsection (a) filed 6-12-2006 as an emergency; operative 6-12-2006 (Register 2006, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-10-2006 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-12-2006 order transmitted to OAL 9-20-2006 and filed 9-29-2006 (Register 2006, No. 39).
§19832. School Construction Funds.
Note • History
(a) School district bonds.
(1) Verify that the proceeds from the sale of bonds issued pursuant to the provisions of Education Code Section 15140 were deposited in accordance with the provisions of Education Code Section 15146.
(2) Select a sample of expenditures and verify that bond proceeds were expended only for the purpose(s) for which the bonds were issued, as specified in the official statement or statements of bond indenture submitted by the school district governing board to the county auditor or county treasurer.
(3) Verify that any money transferred to the general fund of the district from the interest and sinking fund was transferred in compliance with the provisions of Education Code Section 15234.
(4) If any proceeds from the sale of bonds are found to have been deposited inappropriately or to have been expended for purposes other than those specified in the official statement or statements of bond indenture, or if any money is found to have been transferred inappropriately from the interest and sinking fund, include a finding in the Findings and Recommendations section of the audit report stating the amount inappropriately deposited, expended, or transferred.
(b) State School Facilities Funds.
(1) Select a sample of expenditures and verify that expenditures from the school district's account in the county school facilities fund were made only for qualifying school facilities expenditures as provided in subdivision (c) of Education Code Section 17070.43 and additionally set forth in Education Code Section 17072.35, or in Education Code Section 17074.25 as further defined in subdivision (f) of Education Code Section 17070.15; or for other high priority capital outlay purposes in accordance with the provisions of subdivision (c) of Education Code Section 17070.63.
(2) If any expenditures of funds from the school district's account in the county school facilities fund are found to have been made for non-qualifying purposes, include a finding in the Findings and Recommendations section of the audit report stating the amount inappropriately expended.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 6-17-2004 as an emergency; operative 6-17-2004 (Register 2004, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-15-2004 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 9-30-2004 as an emergency; operative 10-16-2004 (Register 2004, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-14-2005 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 9-30-2004 order, including repealer of section 19832 and renumbering and amendment of former section 19833 to section 19832, transmitted to OAL 12-9-2004 and filed 1-19-2005 (Register 2005, No. 3).
§19833. Alternative Pension Plans.
Note • History
(a) As used in this section, “alternative pension plan” means a pension plan not administered by the California Public Employees Retirement System (Government Code Section 20000 and following) or the State Teachers Retirement System (Education Code Section 22000 and following).
(b) Interview administrative personnel and determine whether the local education agency has created an entity, joined a joint powers authority, or entered into a joint venture that provides for an alternative pension plan for its current or former permanent, full-time employees.
(c) If the local education agency has done so, determine that the activity is fully disclosed in the Notes to the Basic Financial Statements.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 6-17-2004 as an emergency; operative 6-17-2004 (Register 2004, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-15-2004 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 9-30-2004 as an emergency; operative 10-16-2004 (Register 2004, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-14-2005 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 9-30-2004 order, including renumbering of former section 19833 to section 19832 and renumbering and amendment of former section 19834 to section 19833, transmitted to OAL 12-9-2004 and filed 1-19-2005 (Register 2005, No. 3).
Note • History
(a) Determine whether excess sick leave, as that term is defined in subdivision (c) of Education Code Section 22170.5, is expressly authorized or is accrued for the local education agency's employees who are members of the California State Teachers Retirement System (CalSTRS) by performing the following procedures:
(1) Review the employment contracts of the superintendent and one other high-level administrator who is a CalSTRS member, to identify the number of sick leave days each was authorized per school year.
(2) If neither contract authorizes excess sick leave, review the sick leave accrual records of the superintendent and the other high level administrator to determine whether either or both have accrued excess sick leave.
(3) If neither authorized nor accrued excess sick leave is identified in the foregoing steps, disclose that fact in the Supplementary Information section of the audit report.
(b) If either authorized or accrued excess sick leave is identified in the audit procedures in subdivision (a), review teachers' (non-administrators) collective bargaining agreements to identify any provision authorizing excess sick leave. If no excess sick leave authorization is identified, disclose that fact in the Supplementary Information section of the audit report.
(c) If authorized or accrued excess sick leave is identified in the audit procedures in subdivisions (a) or (b) or both, disclose that fact in the Supplementary Information section of the audit report, identifying each contract or bargaining agreement that authorized excess sick leave, and specifying by title(s) the employee(s) whose sick leave accrual exhibited the granting of excess sick leave.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14501, 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 6-12-2006 as an emergency; operative 6-12-2006 (Register 2006, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-12-2006 order transmitted to OAL 9-20-2006 and filed 9-29-2006 (Register 2006, No. 39).
§19833.6. Notification of Right to Elect California State Teachers Retirement System (CalSTRS) Membership.
Note • History
(a) Determine whether the district provides a CalSTRS membership election form consistent with the provisions of subdivision (b) of Education Code Section 22455.5 (the notification and election form for the CalSTRS Cash Balance Benefit Program, if the district offers that program, or the permissive election and acknowledgement of receipt of CalSTRS Defined Benefit Plan membership information form, if the district does not offer the Cash Balance Benefit Program) to each newly hired substitute teacher or part-time employee who will render creditable service as defined in Education Code Section 22119.5.
(b) If the required form is not provided to each newly hired substitute teacher or part-time employee who will render creditable service as defined in Education Code Section 22119.5, include a finding in the Findings and Recommendations section of the audit report.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14501, 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 6-12-2006 as an emergency; operative 6-12-2006 (Register 2006, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-12-2006 order transmitted to OAL 9-20-2006 and filed 9-29-2006 (Register 2006, No. 39).
§19834. Proposition 20 Lottery Funds (Cardenas Textbook Act of 2000).
Note • History
Determine the amount of the Proposition 20 restricted lottery allowance received from the State Controller.
(a) Verify that the allowance received was accounted for separately.
(b) From the expenditures of the Proposition 20 restricted lottery allowance funds, select a sample and verify that they were for instructional materials as defined in subdivisions (h), (m), or (n) of Education Code Section 60010.
(c) If any expenditure was not for instructional materials, include its amount in a finding in the Findings and Recommendations section of the audit report.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 6-17-2004 as an emergency; operative 6-17-2004 (Register 2004, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-15-2004 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 9-30-2004 as an emergency; operative 10-16-2004 (Register 2004, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-14-2005 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 9-30-2004 order, including renumbering of former section 19834 to section 19833 and renumbering of former section 19835 to section 19834, transmitted to OAL 12-9-2004 and filed 1-19-2005 (Register 2005, No. 3).
§19835. State Lottery Funds (California State Lottery Act of 1984).
Note • History
Determine the amount of the non-Proposition 20 lottery allowance received from the State Controller.
(a) Verify that the allowance was accounted for separately as required by subdivision (k) of Government Code Section 8880.5.
(b) From the expenditures of the non-Proposition 20 lottery allowance funds, select a sample and determine whether any funds were used for the acquisition of real property, construction of facilities, or financing of research.
(c) If any non-Proposition 20 lottery funds are identified as having been expended for the acquisition of real property, construction of facilities, or financing of research, include the amount of the expenditure in a finding in the Findings and Recommendations section of the audit report.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 6-17-2004 as an emergency; operative 6-17-2004 (Register 2004, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-15-2004 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 9-30-2004 as an emergency; operative 10-16-2004 (Register 2004, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-14-2005 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 9-30-2004 order, including renumbering of former section 19835 to section 19834 and renumbering of former section 19836 to section 19835, transmitted to OAL 12-9-2004 and filed 1-19-2005 (Register 2005, No. 3).
§19836. California School Age Families Education (Cal-SAFE) Program.
Note • History
If the school district, county office of education, or charter school received Cal-SAFE funds for the audited year, perform the following procedures. Do not apply the materiality provisions set forth in Section 19813.
(a) Determine whether the Cal-SAFE annual report of attendance submitted to the California Department of Education reconciles to supporting documentation by verifying the local education agency's calculation of each reporting line item.
(b) For each line item, select a representative sample of Cal-SAFE pupils whose Average Daily Attendance was included. For each pupil in each sample, verify the Average Daily Attendance calculation, and trace the pupil's daily attendance to the data origination documentation.
(c) Determine whether any Cal-SAFE pupils generated Average Daily Attendance in more than one program. Select a representative sample from among such pupils. Verify that not more than a total of one unit of Average Daily Attendance generated by each pupil was included in the report.
(d) If the total reported units of Average Daily Attendance generated by Cal-SAFE pupils in their education programs include more than one unit of Average Daily Attendance for any pupil, include a statement in the Findings and Recommendations section of the audit report of the number of excess unit(s).
(e) If any inappropriately reported units of Average Daily Attendance are identified through the audit procedures in subdivisions (a) and (b), subtract the inappropriately reported units of Average Daily Attendance from the total reported. From the resulting total, subtract any excess units of Average Daily Attendance identified through the audit procedures in subdivision (c). Include a statement in the Findings and Recommendations section of the audit report of the correct number of support services allowances and the dollar value of the inappropriately claimed support services allowances.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 6-17-2004 as an emergency; operative 6-17-2004 (Register 2004, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-15-2004 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 9-30-2004 as an emergency; operative 10-16-2004 (Register 2004, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-14-2005 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 9-30-2004 order, including renumbering of former section 19836 to section 19835 and renumbering and amendment of former section 19837 to section 19836, transmitted to OAL 12-9-2004 and filed 1-19-2005 (Register 2005, No. 3).
4. Change without regulatory effect amending first paragraph and subsections (d)-(e) filed 4-14-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 15).
5. Amendment of first paragraph filed 6-9-2006; operative 6-9-2006 (Register 2006, No. 23).
§19837. School Accountability Report Card.
Note • History
For fiscal years 2004-05 through 2006-07, perform the following procedures:
(a) Obtain copies of the quarterly report of summarized complaint data compiled pursuant to the provisions of subdivision (d) of Education Code Section 35186. Identify any complaints related to teacher misassignment or vacancies included in the summarized data and compare each such complaint to the information on teacher misassignment or vacancies stated in the School Accountability Report Card for the school identified in the complaint, as required by the provisions of subdivision (b)(5) of Education Code Section 33126. If the information in the School Accountability Report Card is inconsistent with the information in the complaint, interview management to determine the basis of the inconsistency. If the School Accountability Report Card was inaccurate, include a finding in the Findings and Recommendations section of the audit report.
(b) For each school in the sample of schools selected pursuant to Section 19817.1(b), obtain the school district's or county office of education's completed copy of the interim evaluation instrument developed by the Office of Public School Construction pursuant to the provisions of subdivision (d) of Education Code Section 17002. If the interim evaluation instrument was completed prior to the publication of the school's School Accountability Report Card, compare the information contained in the instrument to the information on safety, cleanliness, and adequacy of school facilities contained in the School Accountability Report Card for that school as required by the provisions of subdivision (b)(9) of Education Code Section 33126. If the information in the School Accountability Report Card is inconsistent with the information in the interim evaluation instrument, interview management to determine the basis of the inconsistency. If the School Accountability Report Card was inaccurate, include a finding in the Findings and Recommendations section of the audit report.
(c) For each school in the sample of schools selected pursuant to Section 19817.1(b), compare the information on the availability of sufficient textbooks and other instructional materials included in the School Accountability Report Card pursuant to the provisions of subdivision (b)(6)(B) of Education Code Section 33126 with the information in the resolution reviewed pursuant to Section 19828.1(b)(5) and the information in the determinations reviewed pursuant to Section 19828.1(b)(6) and Section 19828.1(b)(7). If the information in the School Accountability Report Card is inconsistent with the information in the resolution or the determinations, interview management to determine the basis of the inconsistency. If the School Accountability Report Card was inaccurate, include a finding in the Findings and Recommendations section of the audit report.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14501, 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 2-10-2005 as an emergency; operative 2-10-2005 (Register 2005, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-10-2005 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 3005, No. 3.
2. Certificate of Compliance as to 2-10-2005 order transmitted to OAL 5-24-2005 and filed 6-20-2005 (Register 2005, No. 25).
3. Amendment adding new first paragraph filed 5-18-2007 as an emergency; operative 5-18-2007 (Register 2007, No. 20). A Certificate of Compliance must be transmitted to OAL by 11-14-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 5-18-2007 order transmitted to OAL 8-1-2007 and filed 9-10-2007 (Register 2007, No. 37).
§19837.1. School Accountability Report Card.
Note • History
For fiscal year 2007-08, perform the following procedures:
(a) Obtain copies of the quarterly report of summarized complaint data compiled pursuant to the provisions of subdivision (d) of Education Code Section 35186. Identify any complaints related to teacher misassignment or vacancies included in the summarized data and compare each such complaint to the information on teacher misassignment or vacancies stated in the School Accountability Report Card for the school identified in the complaint, as required by the provisions of subdivision (b)(5) of Education Code Section 33126. If the information in the School Accountability Report Card is inconsistent with the information in the complaint, interview management to determine the basis of the inconsistency. If the School Accountability Report Card was inaccurate, include a finding in the Findings and Recommendations section of the audit report.
(b) For each school in the sample of schools selected pursuant to Section 19817.1(b), obtain the school district's or county office of education's copy of its most recently completed school facility conditions evaluation instrument developed by the Office of Public School Construction and approved by the State Allocation Board, or a local evaluation instrument that meets the same criteria, pursuant to the provisions of subdivision (d) of Education Code Section 17002. If the evaluation instrument was completed prior to the publication of the school's School Accountability Report Card, compare the information contained in the evaluation instrument to the information on safety, cleanliness, and adequacy of school facilities contained in the School Accountability Report Card for that school as required by the provisions of subdivision (b)(9) of Education Code Section 33126. If the information in the School Accountability Report Card is inconsistent with the information in the evaluation instrument, interview management to determine the basis of the inconsistency. If the School Accountability Report Card was inaccurate, include a finding in the Findings and Recommendations section of the audit report.
(c) For each school in the sample of schools selected pursuant to Section 19817.1(b), compare the information on the availability of sufficient textbooks and other instructional materials included in the School Accountability Report Card pursuant to the provisions of subdivision (b)(6)(B) of Education Code Section 33126 with the information in the resolution reviewed pursuant to Section 19828.2(b)(5) and the information in the determinations reviewed pursuant to Section 19828.2(b)(6) and Section 19828.2(b)(7). If the information in the School Accountability Report Card is inconsistent with the information in the resolution or the determinations, interview management to determine the basis of the inconsistency. If the School Accountability Report Card was inaccurate, include a finding in the Findings and Recommendations section of the audit report.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14501, 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 5-18-2007 as an emergency; operative 5-18-2007 (Register 2007, No. 20). A Certificate of Compliance must be transmitted to OAL by 11-14-2007 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-18-2007 order transmitted to OAL 8-1-2007 and filed 9-10-2007 (Register 2007, No. 37).
3. Amendment of first paragraph filed 6-9-2008 as an emergency; operative 6-9-2008 (Register 2008, No. 24). A Certificate of Compliance must be transmitted to OAL by 12-8-2008 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-9-2008 order transmitted to OAL 7-29-2008 and filed 9-9-2008 (Register 2008, No. 37).
§19837.2. School Accountability Report Card.
Note • History
For fiscal year 2008-09, perform the following procedures:
(a) Obtain copies of the quarterly report of summarized complaint data compiled pursuant to the provisions of subdivision (d) of Education Code Section 35186. Identify any complaints related to teacher misassignment or vacancies included in the summarized data and compare each such complaint to the information on teacher misassignment or vacancies stated in the School Accountability Report Card for the school identified in the complaint, as required by the provisions of subdivision (b)(5) of Education Code Section 33126. If the information in the School Accountability Report Card is inconsistent with the information in the complaint, interview management to determine the basis of the inconsistency. If the School Accountability Report Card was inaccurate, include a finding in the Findings and Recommendations section of the audit report.
(b) For each school in the sample of schools selected pursuant to Section 19817.1(b), obtain the school district's or county office of education's copy of its most recently completed school facility conditions evaluation instrument developed by the Office of Public School Construction and approved by the State Allocation Board, or a local evaluation instrument that meets the same criteria, pursuant to the provisions of subdivision (d) of Education Code Section 17002. If the evaluation instrument was completed prior to the publication of the school's School Accountability Report Card, compare the information contained in the evaluation instrument to the information on safety, cleanliness, and adequacy of school facilities contained in the School Accountability Report Card for that school as required by the provisions of subdivision (b)(9) of Education Code Section 33126. If the information in the School Accountability Report Card is inconsistent with the information in the evaluation instrument, interview management to determine the basis of the inconsistency. If the School Accountability Report Card was inaccurate, include a finding in the Findings and Recommendations section of the audit report.
(c) For each school in the sample of schools selected pursuant to Section 19817.1(b), compare the information on the availability of sufficient textbooks and other instructional materials included in the School Accountability Report Card pursuant to the provisions of subdivision (b)(6)(B) of Education Code Section 33126 with the information in the resolution reviewed pursuant to Section 19828.3(b)(5) and the information in the determinations reviewed pursuant to Section 19828.3(b)(6) and Section 19828.3(b)(7). If the information in the School Accountability Report Card is inconsistent with the information in the resolution or the determinations, interview management to determine the basis of the inconsistency. If the School Accountability Report Card was inaccurate, include a finding in the Findings and Recommendations section of the audit report.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14501, 14502.11, 14503 and 41020, Education Code.
HISTORY
1. New section filed 6-9-2008 as an emergency; operative 6-9-2008 (Register 2008, No. 24). A Certificate of Compliance must be transmitted to OAL by 12-8-2008 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-9-2008 order transmitted to OAL 7-29-2008 and filed 9-9-2008 (Register 2008, No. 37).
3. Amendment of first paragraph filed 6-29-2009 as an emergency; operative 6-29-2009 (Register 2009, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-28-2009 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-29-2009 order transmitted to OAL 10-30-2009 and filed 12-16-2009 (Register 2009, No. 51).
§19837.3. School Accountability Report Card.
Note • History
For fiscal year 2009-10 and each fiscal year thereafter, perform the following procedures:
(a) Obtain copies of the quarterly report of summarized complaint data compiled pursuant to the provisions of subdivision (d) of Education Code Section 35186. Identify any complaints related to teacher misassignment or vacancies included in the summarized data and compare each such complaint to the information on teacher misassignment or vacancies stated in the School Accountability Report Card for the school identified in the complaint, as required by the provisions of subdivision (b)(5) of Education Code Section 33126. If the information in the School Accountability Report Card is inconsistent with the information in the complaint, interview management to determine the basis of the inconsistency. If the School Accountability Report Card was inaccurate, include a finding in the Findings and Recommendations section of the audit report.
(b) For each school in the sample of schools selected pursuant to Section 19817.1(b), obtain the school district's or county office of education's copy of its most recently completed “Facility Inspection Tool (FIT), School Facility Conditions Evaluation” developed by the Office of Public School Construction and approved by the State Allocation Board and applicable to the year audited, or a local evaluation instrument that meets the same criteria, pursuant to the provisions of subdivision (d) of Education Code Section 17002. If the FIT was completed prior to the publication of the school's School Accountability Report Card, compare the information contained in the FIT to the information on safety, cleanliness, and adequacy of school facilities contained in the School Accountability Report Card for that school as required by the provisions of subdivision (b)(9) of Education Code Section 33126. If the information in the School Accountability Report Card is inconsistent with the information in the FIT, interview management to determine the basis of the inconsistency. If the School Accountability Report Card was inaccurate, include a finding in the Findings and Recommendations section of the audit report.
(c) For each school in the sample of schools selected pursuant to Section 19817.1(b), compare the information on the availability of sufficient textbooks and other instructional materials included in the School Accountability Report Card pursuant to the provisions of subdivision (b)(6)(B) of Education Code Section 33126 with the information in the resolution reviewed pursuant to Section 19828.4(a)(5) and the information in the determinations reviewed pursuant to Section 19828.4(a)(6) and Section 19828.4(a)(7). If the information in the School Accountability Report Card is inconsistent with the information in the resolution or the determinations, interview management to determine the basis of the inconsistency. If the School Accountability Report Card was inaccurate, include a finding in the Findings and Recommendations section of the audit report.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14501, 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 6-29-2009 as an emergency; operative 6-29-2009 (Register 2009, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-28-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-29-2009 order transmitted to OAL 10-30-2009 and filed 12-16-2009 (Register 2009, No. 51).
§19838. Mathematics and Reading Professional Development.
Note • History
If the school district or county office of education received Mathematics and Reading Professional Development funds, perform the following procedures:
(a)(1) If it is determined, pursuant to provisions of Section 19828.2(b)(5), that standards-aligned textbooks in mathematics or English language arts were not provided for each pupil, determine whether Mathematics and Reading Professional Development funding was claimed for any of the teachers of those pupils.
(2) For each teacher identified in the foregoing procedure, if any, determine the number of that teacher's pupils who were not provided standards-aligned mathematics or English language arts textbooks and calculate the applicable penalty by multiplying that number of pupils by $100. Include a statement in the Findings and Recommendations section of the audit report specifying the number of pupils and the penalty amount.
(b)(1) Verify that the number of teachers claimed on the request for reimbursement submitted to the California Department of Education did not exceed the number of teachers actually participating in the Mathematics and Reading Professional Development program.
(2) If it is determined, through the foregoing audit procedure that fewer teachers participated in the Mathematics and Reading Professional Development Program training than were claimed for reimbursement, include a statement in the Findings and Recommendations section of the audit report specifying the number of teachers inappropriately reported for funding and the amount of funding received for those teachers.
(c)(1) Verify that the training provider who conducted the first 40 hours of training was on the State Board of Education-approved list.
(2) If in-house training was provided during the year audited for any portion of the remaining 80 hours of follow-up instruction, verify that the local education agency's in-house professional development met the requirements specified in subdivision (a)(4) of Education Code Section 99237 by being focused primarily on the following:
(A) The mathematics or English language arts content standards adopted by the State Board of Education pursuant to Section 60605.
(B) The curriculum frameworks adopted by the State Board of Education for mathematics and English language arts.
(C) The use of instructional materials that will be used by pupils and are aligned to the mathematics or English language arts content standards adopted by the State Board of Education pursuant to Section 60605.
(D) Instructional strategies designed to help all pupils gain mastery of the California academic content standards, with special emphasis on English language learners and pupils with exceptional needs.
(3) If it is determined through the foregoing audit procedures that the school district or county office of education used an unapproved contractor or that any in-house training was ineligible, or both, include a finding in the Findings and Recommendations section of the audit report stating the amount inappropriately spent.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503, 41020 and 99237, Education Code.
HISTORY
1. New section filed 5-18-2007 as an emergency; operative 5-18-2007 (Register 2007, No. 20). A Certificate of Compliance must be transmitted to OAL by 11-14-2007 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-18-2007 order transmitted to OAL 8-1-2007 and filed 9-10-2007 (Register 2007, No. 37).
§19839. Public Hearing Requirement -- Receipt of Funds.
Note • History
For fiscal years 2009-10 through 2012-13, if the school district or county office of education received any funds from the programs enumerated in subdivision (a) of Education Code Section 42605, perform the following procedures:
(a) Determine whether, with regard to the use of funds in the year audited, the governing board, (1) at a regularly scheduled open public hearing or hearings, (2) took testimony from the public, (3) discussed the proposed use of the funding, and (4) approved or disapproved the proposed use of funding from the 39 programs enumerated in subdivision (a) of Education Code Section 42605, by reviewing minutes or other records of the governing board that document that the governing board held such a public hearing or hearings before determining the use of the funds. The public hearing may have been held in the prior year.
(b) If the governing board, at a regularly scheduled open public hearing, did not take testimony from the public, or did not discuss the proposed use of the funding, or did not approve or disapprove the proposed use of the funding, the school district or county office of education did not meet the condition set forth in subdivision (c)(2) of Education Code Section 42605 for receipt of funds for any and all of the 39 programs enumerated in subdivision (a) of Education Code Section 42605 for the fiscal year audited. Include a finding in the Findings and Recommendations section of the audit report showing the full amount received by the school district or county office of education for any and all of the 39 programs as disallowed.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14501, 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 6-29-2009 as an emergency; operative 6-29-2009 (Register 2009, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-28-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-29-2009 order transmitted to OAL 10-30-2009 and filed 12-16-2009 (Register 2009, No. 51).
§19840. Juvenile Court Schools.
Note • History
If the county office of education claimed any average daily attendance for juvenile court schools which are shown on the attendance reporting forms under juvenile halls, homes and camps, or county group home and institution pupils, then perform the following procedures:
(a) Determine whether the Annual report of attendance submitted to the California Department of Education reconciles to the supporting documents by verifying the county office of education's juvenile court schools Average Daily Attendance calculations.
(b) In accordance with Education Code Section 41601(b), verify that a divisor of 175 was used in calculating the average daily attendance reported in the Annual attendance reporting period.
(c) Trace the Average Daily Attendance numbers from the Annual report of attendance to the county office of education's summaries.
(d) Verify that the monthly site attendance summaries provide accurate information by reconciling the monthly totals (days of apportionment attendance) on the site's attendance summary to the summary maintained by the county for the Annual attendance reports.
(e) Select a test month in the Annual attendance reporting period. Verify the mathematical accuracy of the monthly report and trace the totals to the site's attendance summary.
(f) Select a representative sample of classes (teachers). Trace the monthly totals from the monthly report to the data origination documentation. Verify the mathematical accuracy of the attendance registers, scantron summaries, or other data arrays.
(g) Verify that the minimum school day included at least 180 minutes of instruction for pupils in attendance in approved vocational education programs, work programs prescribed by the probation department pursuant to Welfare and Institutions Code Section 883, and work experience programs, and at least 240 minutes of instruction for all other pupils by reviewing the bell schedule(s) or other appropriate documentation; and that the school's practice was to schedule all pupils, other than pupils with exceptional needs whose Individualized Education Programs specified otherwise, to attend for at least the minimum day pursuant to the provisions of Education Code Section 48645.3.
(h) Select a representative sample of pupils and verify, by reviewing class assignments, that the pupils were scheduled to attend school at least a minimum day pursuant to the provisions of Education Code Section 48645.3.
(i) If any inappropriately reported units of Average Daily Attendance are identified through the foregoing audit procedures, recalculate, consistent with the provisions of Education Code Section 46303, the correct number of units of Average Daily Attendance. Include a statement in the Findings and Recommendations section of the audit report of the number of units of Average Daily Attendance that were inappropriately reported for apportionment and an estimate of their dollar value.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code; and Statutes of 2010, c. 724 (A.B. 1610, eff. Oct. 19, 2010), §41.
HISTORY
1. New section filed 5-2-2011 as an emergency; operative 5-2-2011 (Register 2011, No. 18). A Certificate of Compliance must be transmitted to OAL by 10-31-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-2-2011 order transmitted to OAL 7-1-2011 and filed 8-15-2011 (Register 2011, No. 33).
§19841. Exclusion of Pupils -- Pertussis Immunization.
Note • History
For fiscal year 2011-12, from the attendance records, select a representative sample of pupils enrolled in grades 7 through 12, inclusive, for whom Average Daily Attendance generated through regular classroom or independent study was claimed, and perform the following procedures:
(a) As provided in Health and Safety Code Section 120335.1(a), for each pupil in the sample who was under age 18 who was enrolled in the county office of education or school district in the prior year, and whose first day of attendance occurred on or before the sixth Friday following the first day on which classes were offered at the school in which the pupil was enrolled, verify that evidence was on file by the 30th calendar day after the pupil's first day of attendance in school year 2011-12 of
(1) a pertussis booster vaccine given on or after the pupil's 7th birthday, or
(2) a pertussis booster immunization exemption statement.
(A) If the exemption from the new pertussis booster requirement was a temporary medical exemption that terminated any time during the 2011-12 school year, verify that evidence is on file that the pupil obtained the required pertussis booster vaccine when the temporary exemption terminated, or filed a permanent medical or personal beliefs exemption by that date.
(B) If the exemption is based on personal beliefs, the statement must be specific to the new pertussis booster immunization requirement as specified by Title 17, Section 6051.
(b) For each pupil in the sample who was under age 18 who transferred into the county office of education or school district, and whose immunization record was not received at the time of entry to the new school, verify that evidence was on file, as provided in Title 17, Section 6070(d), by the 30th school day after the pupil's first day of attendance in school year 2011-12 of compliance with the requirements set forth in (1) or (2) of subparagraph (a) of this section.
(c) If, pursuant to the foregoing audit procedures, any pupils are found who did not have evidence of a pertussis booster vaccine or exemption, verify that attendance was not claimed for pupils continuing in the same county office of education or school district on or after the pupil's 31st calendar day of school, or on or after a transfer pupil's 31st school day. Once evidence is provided of the pertussis vaccination or a pertussis booster immunization exemption statement is received, the pupil is no longer excluded from school.
(d) If any inappropriately reported units of Average Daily Attendance are identified through the foregoing audit procedures, recalculate, consistent with the provisions of Education Code Section 46303, the correct number of units of Average Daily Attendance. Include a statement in the Findings and Recommendations section of the audit report of the number of units of Average Daily Attendance that were inappropriately reported for apportionment and an estimate of their dollar value.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 2-9-2012 as an emergency; operative 2-9-2012 (Register 2012, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-7-2012 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-9-2012 order transmitted to OAL 7-16-2012 and filed 8-8-2012 (Register 2012, No. 32).
Article 3.1. State Compliance Procedures: School Districts and Charter Schools
Note • History
For fiscal year 2003-04 only, perform the following audit steps:
If the school district or charter school received Class Size Reduction Program funding for the year audited, perform the following procedures, using daily averaging in all instances in which averaging is required.
(a) Verify the mathematical accuracy of the Class Size Reduction Program claim form submitted to the California Department of Education.
(b) Option One Classes
(1) Select a sample of classes from those that were certified as eligible for Option One Class Size Reduction Program funding, using the following procedures:
(A) The number of classes to be reviewed shall be based on auditor judgment, but the selection of classes shall be made randomly.
(B) For each class selected, the sample shall include at least 15 days randomly selected from all instructional days that occurred between the first day of instruction and April 15, inclusive, of the year audited.
(C) If class size for the sampled classes was more than 20.4 when averaged over a period from the first day of instruction to April 15, inclusive, the auditor shall conduct a more in-depth review. The in-depth review shall be either of the following:
1. A review of all instructional days for all classes for which a district or charter school has requested funding pursuant to the provisions of Education Code Section 52126.
2. A randomly selected sample of all classes and instructional days, of sufficient size and designed in such a manner that the auditor can conclude, with a 95 percent degree of confidence, that the average daily class size for each class, when averaged over the period from the first day of instruction to April 15, did not exceed 20.4.
(D) The district or charter school shall make the determination as to which of the two in-depth review methods set forth in the immediately preceding subparagraph shall be used.
(2) For sampled classes, review the data used to prepare the list of Option One classes reported to the California Department of Education, to verify that the report is supported by contemporaneous records.
(3) For sampled classes, review teacher assignments and other available pupil and teacher assignment data to verify that the number of students reported as being under the immediate supervision of each assigned teacher for each class reported was the actual class size for a substantial majority of the full regular school day.
(c) Option Two Classes
(1) Select a sample of classes from those that were certified as eligible for Option Two Class Size Reduction Program funding, using the following procedures:
(A) The number of classes to be reviewed shall be based on auditor judgment, but the selection of classes shall be made randomly.
(B) For each class selected, the sample shall include at least 15 days randomly selected from all instructional days that occurred between the first day of instruction and April 15, inclusive, of the year audited.
(C) If class size for the sampled classes was more than 20.4 when averaged over a period from the first day of instruction to April 15, inclusive, the auditor shall conduct a more in-depth review. The in-depth review shall be either of the following:
1. A review of all instructional days for all classes for which a district or charter school has requested funding pursuant to the provisions of Education Code Section 52126.
2. A randomly selected sample of all classes and instructional days, of sufficient size and designed in such a manner that the auditor can conclude, with a 95 percent degree of confidence, that the average daily class size for each class, when averaged over the period from the first day of instruction to April 15, did not exceed 20.4.
(D) The district or charter school shall make the determination as to which of the two in-depth review methods set forth in the immediately preceding subparagraph shall be used.
(2) For sampled classes, review the data used to prepare the list of Option Two classes reported to the California Department of Education, to verify that the report is supported by contemporaneous records.
(3) For sampled classes, review teacher assignments and other available data to ensure that the class size reported was the maximum actual class size for at least one-half of the instructional minutes offered per day in each grade for which Option Two Class Size Reduction funding was claimed.
(4) Review class schedules to ensure that the time that pupils spent in Option Two classes was primarily devoted to instruction in reading or mathematics.
(d) Class Size Reduction in districts or charter schools with only one school serving K-3:
For school districts or charter schools that maintain only one school that serves kindergarten and grades 1 through 3, verify that:
(1) The district or charter school claimed Class Size Reduction funding for not more than two classes per participating grade level,
(2) The pupil-to-teacher ratio did not exceed 22.4 to 1 in any class,
(3) The average class size of all classes participating in Class Size Reduction, combined, did not exceed 20.4, and
(4) The governing board made a public declaration that it exhausted all possible alternatives to averaging and was unable to achieve a pupil-to-teacher ratio of 20 to 1 in a way that is educationally acceptable.
(e) General requirements:
(1) For all sampled classes, and for classes claimed for Class Size Reduction funding in districts or charter schools with only one school serving kindergarten and grades 1 through 3, review the school level information used to complete the California Department of Education's reporting form. Verify that:
(A) classes claimed for funding were for pupils in kindergarten, or grades 1 to 3, inclusive;
(B) if only one grade level was reduced, it was grade 1;
(C) if two grade levels were reduced, they were grades 1 and 2; and
(D) priority was given to the reduction of classes in grades 1 and 2 before classes in kindergarten or grade 3 were reduced.
(2) For the sampled classes, verify that the district or charter school did not report to the California Department of Education on the Class Size Reduction reporting form:
(A) any classes consisting of special education pupils enrolled in special day classes on a full-time basis,
(B) any pupil who was enrolled in independent study or home study for the full regular school day,
(C) any pupil who was enrolled in independent study or home study for any portion of the full regular school day, for that portion of each day that the pupil was on independent study or home study, or
(D) any pupil enrolled in a Class Size Reduction combination class who was at a grade level ineligible for Class Size Reduction funding.
(3) For the sampled classes, verify that counts began on the first teaching day each class existed.
(4) If a district elected to reduce class size through the use of an early-late instructional program and claimed Class Size Reduction funding for Option One classes, verify that it did not follow the provisions of Education Code Section 46205 when calculating instructional time used to qualify for Longer Instructional Day and Year incentive funding unless the district operated an early-late instructional program pursuant to the provisions of Education Code Section 46205 prior to July 1, 1996.
(5) If a district elected to reduce class size through the use of an early-late instructional program and claimed Class Size Reduction funding for Option Two classes, verify that it did not follow the provisions of Education Code Section 46205 when calculating instructional time used to qualify for Longer Instructional Day and Year incentive funding.
(f) If any of the classes reported for Class Size Reduction funds is found to be ineligible for such funding pursuant to any of the foregoing audit procedures, or if any individual pupils in classes found to be eligible are found to have been ineligible because of their grade level(s) but to have been reported as eligible, or both, prepare a schedule, which must be presented as part of the Findings and Recommendations, summarizing the results of all procedures and presenting the noncompliant classes by grade level, number of classes, number of pupils incorrectly reported as eligible, and Class Size Reduction funding claimed on the basis of those pupils, including the data for each ineligible class only once, even if found to have been ineligible for Class Size Reduction funds in more than one of the steps in the audit procedures.
(g) Interview management regarding the district's staff development program.
(1) Verify that the staff development program required, as set forth in Education Code Section 52127, that any certificated teacher providing direct instruction to a class in the Class Size Reduction Program receive the appropriate training necessary to maximize the educational advantages of Class Size Reduction, including but not limited to methods for providing individualized instruction; effective teaching, including classroom management, in smaller classes; identifying and responding to student needs; and opportunities to build on the individual strengths of students.
(2) If the district did not have a staff development program as set forth in Education Code Section 52127, include a finding in the Findings and Recommendations section of the audit report showing the full amount of Class Size Reduction funding received as disallowed.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New article 3.1 heading and renumbering of section 19826 to section 19845 filed 6-9-2006; operative 6-9-2006 (Register 2006, No. 23).
§19845.1. Class Size Reduction.
Note • History
For fiscal year 2004-05 through fiscal year 2007-08, perform the following audit steps:
If the school district or charter school received Class Size Reduction Program funding for the year audited, perform the following procedures, using daily averaging in all instances in which averaging is required.
(a) Verify the mathematical accuracy of the Class Size Reduction Program claim form submitted to the California Department of Education.
(b) Option One Classes
(1) Select a sample of classes from those that were certified as eligible for Option One Class Size Reduction Program funding, using the following procedures:
(A) The number of classes to be reviewed shall be based on auditor judgment, but the selection of classes shall be made randomly.
(B) For each class selected, the sample shall include at least 15 days randomly selected from all instructional days that occurred between the first day of instruction and April 15, inclusive, of the year audited.
(C) If class size for the sampled classes was more than 20.4 when averaged over a period from the first day of instruction to April 15, inclusive, the auditor shall conduct a more in-depth review. The in-depth review shall be either of the following:
1. A review of all instructional days for all classes for which a district or charter school has requested funding pursuant to the provisions of Education Code Section 52126.
2. A randomly selected sample of all classes and instructional days, of sufficient size and designed in such a manner that the auditor can conclude, with a 95 percent degree of confidence, that the average daily class size for each class, when averaged over the period from the first day of instruction to April 15, did not exceed 20.4.
(D) The district or charter school shall make the determination as to which of the two in-depth review methods set forth in the immediately preceding subparagraph shall be used.
(2) For sampled classes, review the data used to prepare the list of Option One classes reported to the California Department of Education, to verify that the report is supported by contemporaneous records.
(3) For sampled classes, review teacher assignments and other available pupil and teacher assignment data to verify that the number of students reported as being under the immediate supervision of each assigned teacher for each class reported was the actual class size for a substantial majority of the full regular school day.
(c) Option Two Classes
(1) Select a sample of classes from those that were certified as eligible for Option Two Class Size Reduction Program funding, using the following procedures:
(A) The number of classes to be reviewed shall be based on auditor judgment, but the selection of classes shall be made randomly.
(B) For each class selected, the sample shall include at least 15 days randomly selected from all instructional days that occurred between the first day of instruction and April 15, inclusive, of the year audited.
(C) If class size for the sampled classes was more than 20.4 when averaged over a period from the first day of instruction to April 15, inclusive, the auditor shall conduct a more in-depth review. The in-depth review shall be either of the following:
1. A review of all instructional days for all classes for which a district or charter school has requested funding pursuant to the provisions of Education Code Section 52126.
2. A randomly selected sample of all classes and instructional days, of sufficient size and designed in such a manner that the auditor can conclude, with a 95 percent degree of confidence, that the average daily class size for each class, when averaged over the period from the first day of instruction to April 15, did not exceed 20.4.
(D) The district or charter school shall make the determination as to which of the two in-depth review methods set forth in the immediately preceding subparagraph shall be used.
(2) For sampled classes, review the data used to prepare the list of Option Two classes reported to the California Department of Education, to verify that the report is supported by contemporaneous records.
(3) For sampled classes, review teacher assignments and other available data to ensure that the class size reported was the maximum actual class size for at least one-half of the instructional minutes offered per day in each grade for which Option Two Class Size Reduction funding was claimed.
(4) Review class schedules to ensure that the time that pupils spent in Option Two classes was primarily devoted to instruction in reading or mathematics.
(d) Class Size Reduction option for districts or charter schools with only one school serving K-3:
For school districts or charter schools that participate in Class Size Reduction pursuant to the provisions of subdivision (h) of Education Code Section 52122, verify that:
(1) The school had no more than two classes per participating grade level,
(2) The governing board made a public declaration as set forth in subdivision (h)(2) of Education Code Section 52122,
(3) The average class size of all classes participating in Class Size Reduction, combined, did not exceed 20.4, and
(4) The pupil-to-teacher ratio did not exceed 22.4 to 1 in any class.
(e) General requirements:
(1) For all sampled classes, and for classes claimed for Class Size Reduction funding in districts or charter schools with only one school serving kindergarten and grades 1 through 3, review the school level information used to complete the California Department of Education's reporting form. Verify that:
(A) classes claimed for funding were for pupils in kindergarten, or grades 1 to 3, inclusive;
(B) if only one grade level was reduced, it was grade 1;
(C) if two grade levels were reduced, they were grades 1 and 2; and
(D) priority was given to the reduction of classes in grades 1 and 2 before classes in kindergarten or grade 3 were reduced.
(2) For the sampled classes, verify that the district or charter school did not report to the California Department of Education on the Class Size Reduction reporting form:
(A) any classes consisting of special education pupils enrolled in special day classes on a full-time basis,
(B) any pupil who was enrolled in independent study or home study for the full regular school day,
(C) any pupil who was enrolled in independent study or home study for any portion of the full regular school day, for that portion of each day that the pupil was on independent study or home study, or
(D) any pupil enrolled in a Class Size Reduction combination class who was at a grade level ineligible for Class Size Reduction funding.
(3) For the sampled classes, verify that counts began on the first teaching day each class existed.
(4) If a district elected to reduce class size through the use of an early-late instructional program and claimed Class Size Reduction funding for Option One classes, verify that it did not follow the provisions of Education Code Section 46205 when calculating instructional time used to qualify for Longer Instructional Day and Year incentive funding unless the district operated an early-late instructional program pursuant to the provisions of Education Code Section 46205 prior to July 1, 1996.
(5) If a district elected to reduce class size through the use of an early-late instructional program and claimed Class Size Reduction funding for Option Two classes, verify that it did not follow the provisions of Education Code Section 46205 when calculating instructional time used to qualify for Longer Instructional Day and Year incentive funding.
(f) If any of the classes reported for Class Size Reduction funding is found to be ineligible for such funding pursuant to any of the foregoing audit procedures, or if any individual pupils in eligible classes are found to have been ineligible because of their grade level(s) but to have been included in the number of eligible pupils reported, or both, prepare, and include in the Findings and Recommendations section of the audit report, a schedule summarizing the results of all procedures and displaying the numbers of noncompliant classes by grade level, number of pupils incorrectly reported as eligible, and Class Size Reduction funding claimed on the basis of those classes and pupils. Include the data for each ineligible class only once, even if found to have been ineligible for Class Size Reduction funding in more than one of the steps in the audit procedures. Display information separately for classes with annual average enrollments determined, pursuant to the provisions of Education Code Section 52124.5, to be
(1) equal to or greater than 20.5 but less than 21.0, with a 20 percent reduction of the amount to which the district would otherwise be eligible for each such class;
(2) equal to or greater than 21.0 but less than 21.5, with a 40 percent reduction of the amount to which the district would otherwise be eligible for each such class;
(3) equal to or greater than 21.5 but less than 21.9, with an 80 percent reduction of the amount to which the district would otherwise be eligible for each such class; and
(4) equal to or greater than 21.9, with a 100 percent reduction of the amount to which the district would otherwise be eligible for each such class.
(g) Interview management regarding the district's staff development program.
(1) Verify that the staff development program required, as set forth in Education Code Section 52127, that any certificated teacher providing direct instruction to a class in the Class Size Reduction Program receive the appropriate training necessary to maximize the educational advantages of Class Size Reduction, including but not limited to methods for providing individualized instruction; effective teaching, including classroom management, in smaller classes; identifying and responding to student needs; and opportunities to build on the individual strengths of students.
(2) If the district did not have a staff development program as set forth in Education Code Section 52127, include a finding in the Findings and Recommendations section of the audit report showing the full amount of Class Size Reduction funding received as disallowed.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. Renumbering of section 19826.1 to section 19845.1 filed 6-9-2006; operative 6-9-2006 (Register 2006, No. 23).
2. Amendment of first paragraph filed 6-29-2009 as an emergency; operative 6-29-2009 (Register 2009, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-28-2009 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-29-2009 order transmitted to OAL 10-30-2009 and filed 12-16-2009 (Register 2009, No. 51).
§19845.2. Class Size Reduction.
Note • History
For fiscal year 2008-09 through 2013-14 only, perform the following audit steps:
If the school district or charter school received Class Size Reduction Program funding for the year audited, perform the following procedures, using daily averaging in all instances in which averaging is required.
(a) Verify the mathematical accuracy of the Class Size Reduction Program claim form submitted to the California Department of Education.
(b) Option One Classes
(1) Select a sample of classes from those that were certified as eligible for Option One Class Size Reduction Program funding, using the following procedures:
(A) The number of classes to be reviewed shall be based on auditor judgment, but the selection of classes shall be made randomly.
(B) For each class selected, the sample shall include at least 15 days randomly selected from all instructional days that occurred between the first day of instruction and April 15, inclusive, of the year audited.
(C) If class size for the sampled classes was more than 20.4 when averaged over a period from the first day of instruction to April 15, inclusive, the auditor shall conduct a more in-depth review. The in-depth review shall be either of the following:
1. A review of all instructional days for all classes for which a district or charter school has requested funding pursuant to the provisions of Education Code Section 52126.
2. A randomly selected sample of all classes and instructional days, of sufficient size and designed in such a manner that the auditor can conclude, with a 95 percent degree of confidence, that the average daily class size for each class, when averaged over the period from the first day of instruction to April 15, did not exceed 20.4.
(D) The district or charter school shall make the determination as to which of the two in-depth review methods set forth in the immediately preceding subparagraph shall be used.
(2) For sampled classes, review the data used to prepare the list of Option One classes reported to the California Department of Education, to verify that the report is supported by contemporaneous records.
(3) For sampled classes, review teacher assignments and other available pupil and teacher assignment data to verify that the number of students reported as being under the immediate supervision of each assigned teacher for each class reported was the actual class size for a substantial majority of the full regular school day.
(c) Option Two Classes
(1) Select a sample of classes from those that were certified as eligible for Option Two Class Size Reduction Program funding, using the following procedures:
(A) The number of classes to be reviewed shall be based on auditor judgment, but the selection of classes shall be made randomly.
(B) For each class selected, the sample shall include at least 15 days randomly selected from all instructional days that occurred between the first day of instruction and April 15, inclusive, of the year audited.
(C) If class size for the sampled classes was more than 20.4 when averaged over a period from the first day of instruction to April 15, inclusive, the auditor shall conduct a more in-depth review. The in-depth review shall be either of the following:
1. A review of all instructional days for all classes for which a district or charter school has requested funding pursuant to the provisions of Education Code Section 52126.
2. A randomly selected sample of all classes and instructional days, of sufficient size and designed in such a manner that the auditor can conclude, with a 95 percent degree of confidence, that the average daily class size for each class, when averaged over the period from the first day of instruction to April 15, did not exceed 20.4.
(D) The district or charter school shall make the determination as to which of the two in-depth review methods set forth in the immediately preceding subparagraph shall be used.
(2) For sampled classes, review the data used to prepare the list of Option Two classes reported to the California Department of Education, to verify that the report is supported by contemporaneous records.
(3) For sampled classes, review teacher assignments and other available data to ensure that the class size reported was the maximum actual class size for at least one-half of the instructional minutes offered per day in each grade for which Option Two Class Size Reduction funding was claimed.
(4) Review class schedules to ensure that the time that pupils spent in Option Two classes was primarily devoted to instruction in reading or mathematics.
(d) Class Size Reduction option for districts or charter schools with only one school serving K-3:
For school districts or charter schools that participate in Class Size Reduction pursuant to the provisions of subdivision (h) of Education Code Section 52122, verify that:
(1) The school had no more than two classes per participating grade level,
(2) The governing board made a public declaration as set forth in subdivision (h)(2) of Education Code Section 52122,
(3) The average class size of all classes participating in Class Size Reduction, combined, did not exceed 20.4, and
(4) The pupil-to-teacher ratio did not exceed 22.4 to 1 in any class.
(e) General requirements:
(1) For all sampled classes, and for classes claimed for Class Size Reduction funding in districts or charter schools with only one school serving kindergarten and grades 1 through 3, review the school level information used to complete the California Department of Education's reporting form. Verify that:
(A) classes claimed for funding were for pupils in kindergarten, or grades 1 to 3, inclusive;
(B) if only one grade level was reduced, it was grade 1;
(C) if two grade levels were reduced, they were grades 1 and 2; and
(D) priority was given to the reduction of classes in grades 1 and 2 before classes in kindergarten or grade 3 were reduced.
(2) For the sampled classes, verify that the district or charter school did not report to the California Department of Education on the Class Size Reduction reporting form:
(A) any classes consisting of special education pupils enrolled in special day classes on a full-time basis,
(B) any pupil who was enrolled in independent study or home study for the full regular school day,
(C) any pupil who was enrolled in independent study or home study for any portion of the full regular school day, for that portion of each day that the pupil was on independent study or home study, or
(D) any pupil enrolled in a Class Size Reduction combination class who was at a grade level ineligible for Class Size Reduction funding.
(3) For the sampled classes, verify that counts began on the first teaching day each class existed.
(4) If a district elected to reduce class size through the use of an early-late instructional program and claimed Class Size Reduction funding for Option One classes, verify that it did not follow the provisions of Education Code Section 46205 when calculating instructional time used to qualify for Longer Instructional Day and Year incentive funding unless the district operated an early-late instructional program pursuant to the provisions of Education Code Section 46205 prior to July 1, 1996.
(5) If a district elected to reduce class size through the use of an early-late instructional program and claimed Class Size Reduction funding for Option Two classes, verify that it did not follow the provisions of Education Code Section 46205 when calculating instructional time used to qualify for Longer Instructional Day and Year incentive funding.
(f) If any of the classes reported for Class Size Reduction funding is found to be ineligible for such funding pursuant to any of the foregoing audit procedures, or if any individual pupils in eligible classes are found to have been ineligible because of their grade level(s) but to have been included in the number of eligible pupils reported, or both, prepare, and include in the Findings and Recommendations section of the audit report, a schedule summarizing the results of all procedures and displaying the numbers of noncompliant classes by grade level, number of pupils incorrectly reported as eligible, and Class Size Reduction funding claimed on the basis of those classes and pupils. Include the data for each ineligible class only once, even if found to have been ineligible for Class Size Reduction funding in more than one of the steps in the audit procedures. Display information separately for classes with annual average enrollments determined, pursuant to the provisions of Education Code Section 52124.5, to be
(1) equal to or greater than 20.5 but less than 21.5, with a 5 percent reduction of the amount to which the district would otherwise be eligible for each such class;
(2) equal to or greater than 21.5 but less than 22.5, with a 10 percent reduction of the amount to which the district would otherwise be eligible for each such class;
(3) equal to or greater than 22.5 but less than 23, with a 15 percent reduction of the amount to which the district would otherwise be eligible for each such class; and
(4) equal to or greater than 23 but less than 25, with a 20 percent reduction of the amount to which the district would otherwise be eligible for each such class; and
(5) equal to or greater than 25, with a 30 percent reduction of the amount to which the district would otherwise be eligible for each such class.
(g) Interview management regarding the district's staff development program.
(1) Verify that the staff development program required, as set forth in Education Code Section 52127, that any certificated teacher providing direct instruction to a class in the Class Size Reduction Program receive the appropriate training necessary to maximize the educational advantages of Class Size Reduction, including but not limited to methods for providing individualized instruction; effective teaching, including classroom management, in smaller classes; identifying and responding to student needs; and opportunities to build on the individual strengths of students.
(2) If the district did not have a staff development program as set forth in Education Code Section 52127, include a finding in the Findings and Recommendations section of the audit report showing the full amount of Class Size Reduction funding received as disallowed.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 6-29-2009 as an emergency; operative 6-29-2009 (Register 2009, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-28-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-29-2009 order transmitted to OAL 10-30-2009 and filed 12-16-2009 (Register 2009, No. 51).
3. Amendment of first paragraph filed 4-11-2012 as an emergency; operative 4-11-2012 (Register 2012, No. 15). A Certificate of Compliance must be transmitted to OAL by 10-8-2012 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-11-2012 order transmitted to OAL 6-26-2012 and filed 7-31-2012 (Register 2012, No. 31).
§19846. After School Education and Safety Program.
Note • History
For fiscal years 2007-08 through 2010-11, if the local education agency received After School Education and Safety funds, perform the following procedures:
(a) If the local education agency operated an after school program component:
(1) Determine whether the local education agency established a policy regarding reasonable early daily release of pupils from the program.
(2) Select a representative sample of schools for each program type, as that term is used in the attendance report, for which data was reported to the California Department of Education for the after school base grant program. Determine whether the reported number of students served, as that term is used in the report, for each selected school is supported by written records that document pupil participation, by tracing the reported numbers through any documentation used to summarize the numbers of students served, to written data origination documentation.
(3) For each school selected pursuant to subparagraph (a)(2) of this section, determine whether the after school program commenced every day immediately upon the conclusion of the regular schoolday, operated a minimum of 15 hours per week, and operated until at least 6:00 p.m. every regular schoolday, by reviewing, for example, local policies and procedures, program staffing schedules, sign in/out sheets, program brochures, and other relevant documentation.
(4) For each school selected pursuant to subparagraph (a)(2) of this section, determine whether elementary school pupils participated in the full day of the after school program on every day during which pupils participated, and determine whether pupils in middle or junior high schools attended the after school program a minimum of nine hours a week or three days a week, except as consistent with the established early release policy.
(5) If any noncompliance is found through the foregoing procedures, include a statement in the Findings and Recommendations section of the audit report, stating that the local education agency did not have a policy on reasonable early daily release from the after school program, if that is the case, and including discrepancies, if any, between the reported numbers of students served and the totals arising from the supporting documentation; failure to operate consistent with the days/hours requirements set forth in subparagraph (a)(3) of this section, if any; and the portion of reported students served that resulted from attendance, inconsistent with the established early release policy, by elementary school pupils for less than the full day of the after school program, and from attendance by middle or junior high school pupils for less than nine hours a week or fewer than three days a week, if any.
(b) If the local education agency operated a before school program component:
(1) Determine whether the local education agency established a policy regarding reasonable late daily arrival of pupils to the program.
(2) Select a representative sample of schools for each program type, as that term is used in the attendance report, for which data was reported to the California Department of Education for the before school base grant program. Determine whether the reported number of students served, as that term is used in the report, for each selected school is supported by written records that document pupil participation, by tracing the reported numbers through any documentation used to summarize the numbers of students served, to written data origination documentation.
(3) For each school selected pursuant to subparagraph (b)(2) of this section,
(A) Determine whether the local education agency operated the before school program for not less than one and one-half hours per regular schoolday, by reviewing, for example, local policies and procedures, program staffing schedules, sign in/out sheets, program brochures, and other relevant documentation.
(B) Determine whether attendance by pupils for less than one-half of the daily program hours was included in the report of students served.
(4) For each school selected pursuant to subparagraph (b)(2) of this section, determine whether elementary school pupils participated in the full day of the before school program on every day during which pupils participated, and determine whether pupils in middle or junior high schools attended the before school program a minimum of six hours a week or three days a week, except as consistent with the late arrival policy.
(5) If any noncompliance is identified through the foregoing procedures, include a statement in the Findings and Recommendations section of the audit report, stating that the local education agency did not have a policy on reasonable late daily arrival of pupils to the before school program, if that is the case, and including discrepancies, if any, between the reported numbers of students served and the totals arising from the supporting documentation; failure to operate for the required hours each schoolday as set forth in subparagraph (b)(3)(A) of this section, if any; and the portion of reported students served that resulted from attendance, inconsistent with the established late arrival policy, by elementary school pupils for less than the full day of the before school program, and by middle or junior high school pupils for less than six hours a week or fewer than three days a week, if any.
(c) General requirements:
(1) Verify that the local education agency contributed cash or in-kind local funds, equal to not less than one-third of the total state grant, which may have originated from the school district, other governmental agencies, community organizations, or the private sector. Facilities or space usage may fulfill not more than 25 percent of the required local contribution.
(2) Review program expenditures by performing the following procedures:
(A) Verify that expenditures of state funds for indirect costs were the lesser of the local education agency's indirect cost rate as approved by the California Department of Education for the year audited, or 5 percent of the state funding received.
(B) Verify that not more than 15 percent of the state funding was expended for administrative costs, including indirect costs charged to the program.
(C) Verify that not less than 85 percent of the state funding was allocated to schoolsites for direct services to pupils.
(3) If the local education agency did not meet the minimum cash or in-kind local contribution requirement, spent state program funding on excess indirect costs or on excess administrative costs, provided an insufficient allocation to schoolsites, or any combination of the foregoing, include a finding in the Findings and Recommendations section of the audit report stating, correspondingly, the amount of the local match requirement, the amount by which the local education agency failed to meet the match requirement, the excess amount of the local match requirement fulfilled through facilities or space usage, the amount(s) inappropriately spent, and the amount of the insufficiency in schoolsite allocations.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 8482.3, 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 5-18-2007 as an emergency; operative 5-18-2007 (Register 2007, No. 20). A Certificate of Compliance must be transmitted to OAL by 11-14-2007 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-18-2007 order transmitted to OAL 8-1-2007 and filed 9-10-2007 (Register 2007, No. 37).
3. Amendment of subsections (a)(2), (a)(5) and (b)(2) filed 6-9-2008 as an emergency; operative 6-9-2008 (Register 2008, No. 24). A Certificate of Compliance must be transmitted to OAL by 12-8-2008 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-9-2008 order transmitted to OAL 7-29-2008 and filed 9-9-2008 (Register 2008, No. 37).
5. Amendment of subsection (b)(4) filed 6-29-2009 as an emergency; operative 6-29-2009 (Register 2009, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-28-2009 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-29-2009 order transmitted to OAL 10-30-2009 and filed 12-16-2009 (Register 2009, No. 51).
7. Amendment of first paragraph filed 5-2-2011 as an emergency; operative 5-2-2011 (Register 2011, No. 18). A Certificate of Compliance must be transmitted to OAL by 10-31-2011 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 5-2-2011 order transmitted to OAL 7-1-2011 and filed 8-15-2011 (Register 2011, No. 33).
§19846.1. After School Education and Safety Program.
Note • History
For fiscal years 2011-12 and following, if the local education agency received After School Education and Safety funds, perform the following audit steps:
(a) If the local education agency operated an after school program component:
(1) Determine whether the local education agency established a policy regarding reasonable early daily release of pupils from the program.
(2) Select a representative sample of schools for each program type, as that term is used in the attendance report, for which data was reported to the California Department of Education for the after school base grant program. Determine whether the reported number of students served, as that term is used in the report, for each selected school is supported by written records that document pupil participation, by tracing the reported numbers through any documentation used to summarize the numbers of students served, to written data origination documentation.
(3) For each school selected pursuant to subparagraph (a)(2) of this section, determine whether the after school program commenced every day immediately upon the conclusion of the regular schoolday, operated a minimum of 15 hours per week, and operated until at least 6:00 p.m. every regular schoolday as specified in Education Code Section 8483(a)(1), by reviewing, for example, local policies and procedures, program staffing schedules, sign in/out sheets, program brochures, and other relevant documentation.
(4) For each school selected pursuant to subparagraph (a)(2) of this section, determine whether pupils reported on the report of students served attended a full day of the after school program; or if any pupil attended less than the full day, the attendance was consistent with the established early release policy.
(5) For each middle or junior high school selected pursuant to subparagraph (a)(2) of this section, determine whether the local education agency has a process or procedure that gives priority for enrollment to pupils who attend daily.
(6) If any noncompliance is found through the foregoing procedures, include a statement in the Findings and Recommendations section of the audit report, stating
(A) that the local education agency did not have a policy on reasonable early daily release from the after school program, if that is the case;
(B) discrepancies, if any, between the reported numbers of students served and the totals arising from the supporting documentation;
(C) failure to operate consistent with the days/hours requirements set forth in subparagraph (a)(3) of this section, if any;
(D) the portion of reported students served that resulted from attendance of less than a full day that was inconsistent with the established early release policy, if any; and
(E) that the local education agency did not have a process or procedure in place that gives enrollment priority to pupils in middle school or junior high school who attend daily, if that is the case.
(b) If the local education agency operated a before school program component:
(1) Determine whether the local education agency established a policy regarding reasonable late daily arrival of pupils to the program.
(2) Select a representative sample of schools for each program type, as that term is used in the attendance report, for which data was reported to the California Department of Education for the before school base grant program. Determine whether the reported number of students served, as that term is used in the report, for each selected school is supported by written records that document pupil participation, by tracing the reported numbers through any documentation used to summarize the numbers of students served, to written data origination documentation.
(3) For each school selected pursuant to subparagraph (b)(2) of this section,
(A) Determine whether the local education agency operated the before school program for not less than one and one-half hours per regular schoolday as specified in Education Code Section 8483.1(a)(1), by reviewing, for example, local policies and procedures, program staffing schedules, sign in/out sheets, program brochures, and other relevant documentation.
(B) Determine whether attendance by pupils for less than one-half of the daily before school program hours was included in the report of students served.
(C) Determine for any pupils reported on the report of students served who attended for one-half day or more but less than the full day, whether the attendance was consistent with the established late arrival policy.
(4) For each middle or junior high school selected pursuant to subparagraph (b)(2) of this section, determine whether the local education agency has a process or procedure that gives priority for enrollment for pupils who attend daily.
(5) If any noncompliance is identified through the foregoing procedures, include a statement in the Findings and Recommendations section of the audit report, stating
(A) that the local education agency did not have a policy on reasonable late daily arrival of pupils to the before school program, if that is the case;
(B) discrepancies, if any, between the reported numbers of students served and the totals arising from the supporting documentation;
(C) failure to operate for the required hours each schoolday as set forth in subparagraph (b)(3)(A) of this section, if any;
(D) the portion of reported students served that resulted from attendance, by pupils attending less than one-half of the daily program hours, if any;
(E) the portion of reported students served that resulted from attendance by pupils who attended for one-half day or more but less than the full day and did not attend consistent with the established late arrival policy;
(F) that the local education agency did not have a process or procedure in place that gives enrollment priority to pupils in middle school or junior high school who attend daily.
(c) General requirements:
(1) Verify that the local education agency contributed cash or in-kind local funds, equal to not less than one-third of the total state grant, which may have originated from the school district, other governmental agencies, community organizations, or the private sector. Facilities or space usage may fulfill not more than 25 percent of the required local contribution.
(2) Review program expenditures by performing the following procedures:
(A) Verify that expenditures of state funds for indirect costs were the lesser of the local education agency's indirect cost rate as approved by the California Department of Education for the year audited, or 5 percent of the state funding received.
(B) Verify that not more than 15 percent of the state funding was expended for administrative costs, including indirect costs charged to the program.
(C) Verify that not less than 85 percent of the state funding was allocated to schoolsites for direct services to pupils.
(3) If the local education agency did not meet the minimum cash or in-kind local contribution requirement, spent state program funding on excess indirect costs or on excess administrative costs, provided an insufficient allocation to schoolsites, or any combination of the foregoing, include a finding in the Findings and Recommendations section of the audit report stating, correspondingly, the amount of the local match requirement, the amount by which the local education agency failed to meet the match requirement, the excess amount of the local match requirement fulfilled through facilities or space usage, the amount(s) inappropriately spent, and the amount of the insufficiency in schoolsite allocations.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 8482.3, 14502.1, 14503 and 41020, Education Code.
HISTORY
1. New section filed 5-2-2011 as an emergency; operative 5-2-2011 (Register 2011, No. 18). A Certificate of Compliance must be transmitted to OAL by 10-31-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-2-2011 order transmitted to OAL 7-1-2011 and filed 8-15-2011 (Register 2011, No. 33).
Article 4. State Compliance Procedures: Charter Schools
§19850. Contemporaneous Records of Attendance.
Note • History
(a) Determine whether the Second Principal report of attendance submitted to the California Department of Education is supported by written contemporaneous records that document all pupil attendance included in the charter school's Average Daily Attendance calculations, by tracing the Average Daily Attendance numbers from the Second Principal report of attendance through any documentation used by the charter school to summarize attendance, to written contemporaneous data origination documents.
(b) If any inappropriately reported units of Average Daily Attendance are identified through the foregoing audit procedure, recalculate, consistent with the provisions of Education Code Section 46303, the correct number of units of Average Daily Attendance. Include a statement in the Findings and Recommendations section of the audit report of the number of units of Average Daily Attendance that were inappropriately reported for apportionment and an estimate of their dollar value.
(c) For fiscal year 2011-12 only, from the attendance records, select a representative sample of pupils enrolled in any of grades 7 through 12, inclusive, for whom Average Daily Attendance generated through classroom based or nonclassroom-based instruction (independent study) was claimed, and verify for each pupil in the sample who was under age 18 that evidence was on file by the 30th calendar day after the pupil's first day of attendance in school year 2011-12 of
(1) a pertussis booster vaccine given on or after the pupil's 7th birthday, or
(2) a pertussis booster immunization exemption statement.
(A) If the exemption from the new pertussis booster requirement was a temporary medical exemption that terminated any time during the 2011-12 school year, verify that evidence is on file that the pupil obtained the required pertussis booster vaccine when the temporary exemption terminated, or filed a permanent medical or personal beliefs exemption by that date.
(B) If the exemption is based on personal beliefs, the statement must be specific to the new pertussis booster immunization requirement as specified by Title 17, Section 6051.
(d) For each pupil in the sample who was under age 18 who transferred into the charter school, and whose immunization record was not received at the time of entry to the new school, verify that evidence was on file, as provided in Title 17, Section 6070(d), by the 30th school day after the pupil's first day of attendance in school year 2011-12 of compliance with the requirements set forth in (1) or (2) of subparagraph (c) of this section.
(e) If, pursuant to the foregoing audit procedures, any pupils are found who did not have evidence of a pertussis booster vaccine or exemption, verify that attendance was not claimed for pupils on or after the pupil's 31st calendar day of school, or on or after a transfer pupil's 31st school day. Once evidence is provided of the pertussis vaccination or a pertussis booster immunization exemption statement is received, the pupil is no longer excluded from school.
(f) If any inappropriately reported units of Average Daily Attendance are identified through the foregoing audit procedures, recalculate, consistent with the provisions of Education Code Section 46303, the correct number of units of Average Daily Attendance. Include a statement in the Findings and Recommendations section of the audit report of the number of units of Average Daily Attendance that were inappropriately reported for apportionment and an estimate of their dollar value.
NOTE
Authority cited: Section 14502.1. Education Code. Reference: Sections 14502.1, 14503, 41020, 47612.5 and 47634.2. Education Code.
HISTORY
1. New article 4 (sections 19850-19854) and section filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-6-2005 order, including amendment of Note, transmitted to OAL 8-26-2005 and filed 10-11-2005 (Register 2005, No. 41).
3. Amendment of article heading filed 2-17-2006 as an emergency; operative 2-17-2006 (Register 2006, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-19-2006 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-17-2006 order, including further amendment of article heading, transmitted to OAL 4-27-2006 and filed 6-9-2006 (Register 2006, No. 23).
5. New subsections (c)-(f) filed 2-9-2012 as an emergency; operative 2-9-2012 (Register 2012, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-7-2012 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-9-2012 order transmitted to OAL 7-16-2012 and filed 8-8-2012 (Register 2012, No. 32).
Note • History
For fiscal year 2011-12 only, do not perform the procedures set forth in this section. Perform the procedures set forth in Section 19851.1 instead.
(a) If Average Daily Attendance was reported to the California Department of Education by the charter school as generated through classroom-based instruction, determine whether that attendance was generated in compliance with all of the following conditions:
(1) The charter school's pupils were engaged in educational activities required of those pupils, and the pupils were under the immediate supervision and control of an employee of the charter school who possessed a valid teaching certification in accordance with the provisions of subdivision (l) of Education Code Section 47605.
(2) At least 80 percent of the instructional time offered at the charter school was at the schoolsite. The requirement to be “at the schoolsite” is satisfied if either of the conditions set forth in subdivision (b) of Section 11963 is met.
(3) The charter school's schoolsite was a facility that was used principally for classroom instruction as that term is defined in subdivision (b)(1) of Section 11963.
(4) The charter school required its pupils to be in attendance at the schoolsite at least 80 percent of the minimum instructional time required pursuant to the provisions of subdivision (a)(1) of Education Code Section 47612.5, as set forth below for fiscal years 2005-06 through 2008-09:
Kindergarten 36,000 minutes
Grades 1 through 3 50,400 minutes
Grades 4 through 8 54,000 minutes
Grades 9 through 12 64,800 minutes
For fiscal years 2009-10 and 2010-11, and fiscal years 2012-13 through 2014-15, the minimum instructional time is reduced pursuant to the provisions of Education Code Section 46201.2 and consistent with subdivision (a) of Education Code Section 46201.3, as set forth below:
Kindergarten 34,971 minutes
Grades 1 through 3 48,960 minutes
Grades 4 through 8 52,457 minutes
Grades 9 through 12 62,949 minutes
(b) If any Average Daily Attendance reported to the California Department of Education as classroom-based instruction was not generated in compliance with all of the preceding conditions, it is not eligible for apportionments unless it was generated in full compliance with the requirements set forth in Section 19852. If it was not generated in full compliance with the requirements set forth in Section 19852, include a statement in the Findings and Recommendations section of the audit report of the number of units of Average Daily Attendance that were inappropriately reported for apportionment and an estimate of their dollar value.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503, 41020, 47612.5 and 47634.2, Education Code.
HISTORY
1. New section filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-6-2005 order, including amendment of first paragraph and Note, transmitted to OAL 8-26-2005 and filed 10-11-2005 (Register 2005, No. 41).
3. Amendment of subsection (b) filed 2-17-2006 as an emergency; operative 2-17-2006 (Register 2006, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-19-2006 or emergency language will be repealed by operation of law on the following day.
4. Change without regulatory effect amending subsection (c)(3) filed 5-12-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 19).
5. Certificate of Compliance as to 2-17-2006 order, including further amendment of subsection (b), transmitted to OAL 4-27-2006 and filed 6-9-2006 (Register 2006, No. 23).
6. Change without regulatory effect renumbering section 19851 to section 19852 and renumbering section 19852 to section 19851, including amendment of section heading and subsections (a) and (b), filed 3-1-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 9).
7. Amendment of subsection (a)(4) filed 2-26-2010 as an emergency; operative 2-26-2010 (Register 2010, No. 9). A Certificate of Compliance must be transmitted to OAL by 8-25-2010 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 2-26-2010 order transmitted to OAL 4-28-2010 and filed 6-9-2010 (Register 2010, No. 24).
9. New first paragraph and amendment of subsection (a)(4) filed 2-9-2012 as an emergency; operative 2-9-2012 (Register 2012, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-7-2012 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 2-9-2012 order transmitted to OAL 7-16-2012 and filed 8-8-2012 (Register 2012, No. 32).
§19851.1. Mode of Instruction.
Note • History
For fiscal year 2011-12 only, perform the following procedures:
(a) If Average Daily Attendance was reported to the California Department of Education by the charter school as generated through classroom-based instruction, determine whether that attendance was generated in compliance with all of the following conditions:
(1) The charter school's pupils were engaged in educational activities required of those pupils, and the pupils were under the immediate supervision and control of an employee of the charter school who possessed a valid teaching certification in accordance with the provisions of subdivision (l) of Education Code Section 47605.
(2) At least 80 percent of the instructional time offered at the charter school was at the schoolsite. The requirement to be “at the schoolsite” is satisfied if either of the conditions set forth in subdivision (b) of Section 11963 is met.
(3) The charter school's schoolsite was a facility that was used principally for classroom instruction as that term is defined in subdivision (b)(1) of Section 11963.
(4) The charter school required its pupils to be in attendance at the schoolsite at least 80 percent of the minimum instructional time required pursuant to the provisions of subdivision (a)(1) of Education Code Section 47612.5, reduced pursuant to the provisions of Education Code sections 46201.2, and 46201.3, as set forth below:
Kindergarten 33,531 minutes
Grades 1 through 3 46,944 minutes
Grades 4 through 8 50,297 minutes
Grades 9 through 12 60,357 minutes
(b) If any Average Daily Attendance reported to the California Department of Education as classroom-based instruction was not generated in compliance with all of the preceding conditions, it is not eligible for apportionments unless it was generated in full compliance with the requirements set forth in Section 19852. If it was not generated in full compliance with the requirements set forth in Section 19852, include a statement in the Findings and Recommendations section of the audit report of the number of units of Average Daily Attendance that were inappropriately reported for apportionment and an estimate of their dollar value.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503, 41020, 47612.5 and 47634.2, Education Code.
HISTORY
1. New section filed 2-9-2012 as an emergency; operative 2-9-2012 (Register 2012, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-7-2012 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-9-2012 order transmitted to OAL 7-16-2012 and filed 8-8-2012 (Register 2012, No. 32).
§19852. Nonclassroom-Based Instruction/Independent Study.
Note • History
If Average Daily Attendance was reported by the charter school to the California Department of Education as generated through nonclassroom-based instruction (independent study), or was reported as generated through classroom-based instruction but was not generated in compliance with all of the conditions set forth in subdivision (a) of Section 19851, perform the following procedures:
(a) Determine whether the governing body of the charter school had adopted written policies for independent study as required by the provisions of Education Code Section 51747. If it had not, any reported Average Daily Attendance generated through independent study is not eligible for apportionment. If the required policies were in place, determine whether any reported Average Daily Attendance was generated before the written policies were adopted. Any reported Average Daily Attendance generated through independent study before the written policies were adopted is not eligible for apportionment.
(b) Verify the charter school's calculation, made pursuant to Section 11704, of ineligible Average Daily Attendance, if any, generated through full-time independent study.
(c) Verify that the documentation used by the charter school to summarize monthly attendance provides accurate information. If the charter school had multiple sites through which it provided independent study, select a sample of school sites that is representative of the charter school's grade spans (elementary, middle, and high schools) and sufficient in size to allow the auditor to draw a reasonable conclusion with respect to the charter school's compliance with independent study requirements. Perform the following procedures:
(1) Determine the total number of days of attendance reported for each sampled site that resulted from attendance by pupils while engaged in independent study. Reconcile the monthly totals (days of apportionment attendance) on the site's attendance summary to the summary maintained by the charter school for the Second Principal attendance report.
(2) Select a test month in the Second Principal attendance reporting period. Verify the mathematical accuracy of the monthly report, or its equivalent if no monthly report is prepared, and trace totals to the site's attendance summary.
(3) Verify that a certificated employee of the charter school, as defined by Section 11700.1, coordinated, evaluated, and provided general supervision, as that term is defined in Section 11700(b), of each pupil's independent study, as required by the provisions of subdivision (a) of Education Code Section 51747.5.
(4) Select a representative sample of teachers. Verify the mathematical accuracy of the teachers' attendance records of pupil attendance. Trace the monthly totals from the monthly report to the attendance records.
(d) From the attendance records, select a representative sample of pupils for whom Average Daily Attendance generated through independent study was claimed, including pupils on intermittent (“short term”) independent study, if the charter school offered that option, and perform the following procedures:
(1) Determine each pupil's county of residence at the time of commencing independent study and verify that it is the county in which the apportionment claim is reported or a contiguous county within California.
(2) Determine whether mailing addresses or other evidence of residency changed during the time the pupils were in independent study and, if so, whether each pupil remained a resident of the same or a contiguous county within California.
(3) Verify that, on each day for which a pupil's attendance was reported, the pupil engaged in an educational activity or activities required of him or her by the charter school.
(4) Verify that each day of each pupil's attendance included in calculations of Average Daily Attendance took place on one of the charter school's schooldays.
(5) Verify that a total of not more than one day of attendance was recorded for each pupil for any calendar day on which school was in session.
(6) Verify that a written agreement exists for each pupil.
(7) Verify that every written agreement contained all the elements required by the provisions of Education Code Section 51747(c):
(A) The manner, time, frequency, and place for submitting a pupil's assignments and for reporting his or her progress.
(B) The objectives and methods of study (pupil activities selected by the supervising teacher as the means to reach the educational objectives set forth in the written agreement) for the pupil's work.
(C) The methods utilized to evaluate that work (any specified procedure through which a certificated teacher personally assesses the extent to which achievement of the pupils meets the objectives set forth in the written assignment).
(D) The specific resources, including materials and personnel, to be made available to the pupils (resources reasonably necessary to the achievement of the objectives in the written agreement, not to exclude resources normally available to all pupils on the same terms as the terms on which they are normally available to all pupils).
(E) A statement of the policies adopted pursuant to the provisions of subdivisions (a) and (b) of Education Code Section 51747 regarding the maximum length of time allowed between the assignment and the completion of a pupil's assigned work, and the number of assignments a pupil may miss before there must be an evaluation of whether it is in the pupil's best interests to continue in independent study.
(F) The duration of the independent study agreement, including the beginning and ending dates for the pupil's participation in independent study under the agreement, with no agreement being for a period longer than one semester, or one-half year for a school on a year-round calendar.
(G) A statement of the number of course credits or, for the elementary grades, other measures of academic accomplishment appropriate to the agreement, to be earned by the pupil upon completion.
(H) A statement in each independent study agreement that independent study is an optional educational alternative in which no pupil may be required to participate.
(I) Signatures, affixed prior to the commencement of independent study, by
1. the pupil;
2. the pupil's parent, legal guardian, or caregiver as that term is used in Family Code Section 6550 and following, if the pupil was less than 18 years of age;
3. the certificated employee who was designated as having responsibility for the general supervision of the pupil's independent study; and
4. all other persons, if any, who had direct responsibility for providing assistance to the pupil.
(8) Verify that no days of attendance were reported for dates prior to the signing of the agreement by all parties.
(9) Verify that evaluated pupil work samples, bearing signed or initialed and dated notations by the supervising teacher indicating that he or she personally evaluated the work, or that he or she personally reviewed the evaluations made by another certificated teacher, have been retained in the file.
(e) If any inappropriately reported units of Average Daily Attendance are identified through the foregoing audit procedures, recalculate, consistent with the provisions of Education Code Section 46303, the correct number of units of Average Daily Attendance. Include a statement in the Findings and Recommendations section of the audit report of the number of units of Average Daily Attendance that were inappropriately reported for apportionment and an estimate of their dollar value.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503, 41020, 47612.5 and 47634.2, Education Code.
HISTORY
1. New section filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-6-2005 order, including amendment of Note, transmitted to OAL 8-26-2005 and filed 10-11-2005 (Register 2005, No. 41).
3. Change without regulatory effect renumbering section 19852 to section 19851 and renumbering section 19851 to section 19852, including amendment of first paragraph, filed 3-1-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 9).
§19853. Determination of Funding for Nonclassroom-Based Instruction.
Note • History
If more than 20 percent of the charter school's total Average Daily Attendance was generated through nonclassroom-based instruction (independent study) as set forth in Section 19852, perform the following procedures:
(a) Determine whether the charter school has
(1) a multi-year funding determination, made pursuant to the provisions of subdivision (d) of Education Code Section 47612.5 and of Section 47634.2, that applies to the year being audited and that was granted in a year prior to the year being audited, or
(2) a funding determination otherwise applicable to the year audited.
(b) If the charter school does not have either type of funding determination specified in subdivision (a) of this section, the charter school was not eligible for funding for any Average Daily Attendance generated through nonclassroom-based instruction. Include a statement in the Findings and Recommendations section of the audit report of the number of units of Average Daily Attendance that were inappropriately reported for apportionment and an estimate of their dollar value.
(c) If the charter school has a funding determination as specified in subdivision (a)(2) of this section, and the charter school was in operation in the fiscal year prior to the year being audited, verify the accuracy of the following data submitted by the charter school to the California Department of Education on the nonclassroom-based funding determination form applicable to the year being audited:
(1) The charter school's federal revenues, including start-up, implementation, and dissemination grant(s); state revenues; local revenues, including in lieu of property taxes; and other financing sources.
(2) The charter school's total expenditures for instruction and related services.
(3) The charter school's total expenditures for salaries and benefits for all certificated employees as defined in subdivision (c)(1) of Section 11963.3.
(4) The charter school's pupil-teacher ratio calculated pursuant to Section 11704, and, if submitted, the pupil-teacher ratio of the largest unified school district in the county or counties in which the charter school operates.
(5) The listing of entities that received, in the previous fiscal year, $50,000 or more or ten (10) percent or more of the charter school's total expenditures identified pursuant to subparagraphs (B), (C), (D), and (E) of subdivision (a)(5) of Section 11963.3; the amount received by each entity; whether each of any such contract payments was based upon specific services rendered or upon an amount per unit of Average Daily Attendance or some other percentage; and an identification of which entities, if any, had contracts that included provision for payments based on a per unit of Average Daily Attendance amount or some other percentage.
(d) If any inaccurate data is identified through the immediately foregoing audit procedures, prepare a schedule displaying the inaccurate data and the corresponding correct data. Include the schedule in the Findings and Recommendations section of the audit report.
(e) If a funding determination applicable to the year audited was made for the charter school by the State Board of Education, pursuant to the provisions of Education Code Section 47634.2, confirm that the governing board of the charter school has adopted and implemented conflict of interest policies as required by subdivision (b)(1)(C) of Section 11963.3. If the governing board of the charter school has not adopted, or has adopted but has not implemented, conflict of interest policies as required, include a statement in the Findings and Recommendations section of the audit report that states the policies were not adopted, if that is the case; or that the policies were not implemented, if that is the case, and describes the relevant facts.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503, 41020 and 47634.2, Education Code.
HISTORY
1. New section filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-6-2005 order, including amendment of subsection (c), transmitted to OAL 8-26-2005 and filed 10-11-2005 (Register 2005, No. 41).
3. Amendment of subsections (c)(4)-(5) filed 2-17-2006 as an emergency; operative 2-17-2006 (Register 2006, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-19-2006 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-17-2006 order, including further amendment of subsection (c)(4), transmitted to OAL 4-27-2006 and filed 6-9-2006 (Register 2006, No. 23).
5. Change without regulatory effect amending first paragraph filed 3-1-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 9).
§19854. Annual Instructional Minutes -- Classroom Based.
Note • History
For fiscal year 2011-12 only, do not perform the procedures set forth in this section. Perform the procedures set forth in Section 19854.1 instead.
(a) Review the charter school's attendance calendar and bell (class) schedules or other available comparable documentation. If the charter school has multiple sites, select a sample of school sites that is representative of the charter school's grade spans (elementary, middle, and high schools).
(b) For each sampled site, compare the amount of instructional minutes offered for each grade level during the year being audited to the amount of instructional minutes required pursuant to the provisions of subdivision (a)(1) of Education Code Section 47612.5 as set forth below for fiscal years 2005-06 through 2008-09:
Kindergarten 36,000 minutes
Grades 1 through 3 50,400 minutes
Grades 4 through 8 54,000 minutes
Grades 9 through 12 64,800 minutes
For fiscal years 2009-10 and 2010-11, and fiscal years 2012-13 through 2014-15, the minimum instructional time is reduced pursuant to the provisions of Education Code Section 46201.2 and consistent with subdivision (a) of Education Code Section 46201.3, as set forth below:
Kindergarten 34,971 minutes
Grades 1 through 3 48,960 minutes
Grades 4 through 8 52,457 minutes
Grades 9 through 12 62,949 minutes
(c) Determine whether the charter school offered optional classes to satisfy instructional minutes requirements. If enrollment in optional classes was low, review the charter school's documentation of class offerings to ensure that the charter school acted effectively to comply with the law. Practices that are not consistent with effectively offering instructional time may include, but are not limited to, offering only a small number of courses that in addition are appropriate only for limited numbers of pupils, and courses scheduled such that pupils may take them only by giving up their lunch period.
(d) Prepare the “Schedule of Instructional Time” that must be presented in the Supplementary Information section of the audit report, showing by grade span the minimum instructional minutes requirements specified in subdivision (a)(1) of Education Code Section 47612.5 for fiscal years 2005-06 through 2008-09, or for fiscal years 2009-10 and 2010-11, and fiscal years 2012-13 through 2014-15, the minimum instructional time as reduced pursuant to the provisions of Education Code Section 46201.2 as set forth in subparagraph (b) of this section, the instructional minutes offered during the year being audited showing the sampled site with the lowest number of minutes offered at each grade span; and whether the charter school complied with the instructional minutes provisions.
(e) If the charter school did not offer the required number(s) of instructional minutes, prepare a separate schedule for each site, showing only the grade level(s) that were not in compliance, and calculate a proportional reduction in apportionment consistent with the provisions of subdivision (c) of Education Code Section 47612.5. Include both the schedule(s) and the calculated reduction in apportionment, in a finding in the Findings and Recommendations section of the audit report.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503, 41020, 47612.5 and 47634.2. Education Code.
HISTORY
1. New section filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-6-2005 order, including amendment of Note, transmitted to OAL 8-26-2005 and filed 10-11-2005 (Register 2005, No. 41).
3. Amendment of subsection (b) filed 5-18-2007 as an emergency; operative 5-18-2007 (Register 2007, No. 20). A Certificate of Compliance must be transmitted to OAL by 11-14-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 5-18-2007 order transmitted to OAL 8-1-2007 and filed 9-10-2007 (Register 2007, No. 37).
5. Amendment of subsections (b) and (d) filed 2-26-2010 as an emergency; operative 2-26-2010 (Register 2010, No. 9). A Certificate of Compliance must be transmitted to OAL by 8-25-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-26-2010 order transmitted to OAL 4-28-2010 and filed 6-9-2010 (Register 2010, No. 24).
7. New first paragraph and amendment of subsections (b) and (d) filed 2-9-2012 as an emergency; operative 2-9-2012 (Register 2012, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-7-2012 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance filed as to 2-9-2012 order transmitted to OAL 7-16-2012 and filed 8-8-2012 (Register 2012, No. 32).
§19854.1. Annual Instructional Minutes -- Classroom Based.
Note • History
For fiscal year 2011-12 only, perform the following procedures:
(a) Review the charter school's attendance calendar and bell (class) schedules or other available comparable documentation. If the charter school has multiple sites, select a sample of school sites that is representative of the charter school's grade spans (elementary, middle, and high schools).
(b) For each sampled site, compare the amount of instructional minutes offered for each grade level during the year being audited to the amount of instructional minutes required pursuant to the provisions of subdivision (a)(1) of Education Code Section 47612.5, reduced pursuant to the provisions of Education Code sections 46201.2 and 46201.3, as set forth below:
Kindergarten 33,531 minutes
Grades 1 through 3 46,944 minutes
Grades 4 through 8 50,297 minutes
Grades 9 through 12 60,357 minutes
(c) Determine whether the charter school offered optional classes to satisfy instructional minutes requirements. If enrollment in optional classes was low, review the charter school's documentation of class offerings to ensure that the charter school acted effectively to comply with the law. Practices that are not consistent with effectively offering instructional time may include, but are not limited to, offering only a small number of courses that in addition are appropriate only for limited numbers of pupils, and courses scheduled such that pupils may take them only by giving up their lunch period.
(d) Prepare the “Schedule of Instructional Time” that must be presented in the Supplementary Information section of the audit report, showing by grade span the minimum instructional minutes requirements specified in subdivision (a)(1) of Education Code Section 47612.5 as reduced pursuant to the provisions of Education Code sections 46201.2 and 46201.3 as set forth in subparagraph (b) of this section, the instructional minutes offered during the year being audited showing the sampled site with the lowest number of minutes offered at each grade span; and whether the charter school complied with the instructional minutes provisions.
(e) If the charter school did not offer the required number(s) of instructional minutes, prepare a separate schedule for each site, showing only the grade level(s) that were not in compliance, and calculate a proportional reduction in apportionment consistent with the provisions of subdivision (c) of Education Code Section 47612.5. Include both the schedule(s) and the calculated reduction in apportionment, in a finding in the Findings and Recommendations section of the audit report.
NOTE
Authority cited: Section 14502.1, Education Code. Reference: Sections 14502.1, 14503, 41020, 47612.5 and 47634.2. Education Code.
HISTORY
1. New section filed 2-9-2012 as an emergency; operative 2-9-2012 (Register 2012, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-7-2012 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-9-2012 order transmitted to OAL 7-16-2012 and filed 8-8-2012 (Register 2012, No. 32).
Division 2. California State Library
Chapter 1. Library Services Provided by the State
Subchapter 1. State Library
Article 1. General Provisions
Note • History
(a) Books and like materials are lent for five weeks.
(b) Periodicals are lent for three weeks.
(c) Foreign language fiction is lent for three months.
(d) Exceptions to the above loan periods may be made for certain types of material or for special needs of the borrower.
NOTE
Authority cited for Chapter 1: Sections 19304 and 19320, Education Code. Issuing agencies: State Board of Education and Superintendent of Public Instruction. Reference: Sections 19320 and 19330, Education Code.
HISTORY
1. Editorial renumbering of Chapter 2, Subchapter 1, to Division 24, Chapter 1 (Register 69, No. 51). For prior history see Register 66, No. 2.
2. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Amendment of subsection (c) filed 5-5-82; effective thirtieth day thereafter (Register 82, No. 19).
4. Editorial renumbering of Division 1, Chapter 24 (sections 20000-20400) to Division 2, Chapter 1,
§20002. Replacement Copies of a Book.
Note • History
NOTE
Authority cited: Sections 19304 and 19320, Education Code. Reference: Sections 19304, 19320 and 19332-19334, Education Code.
HISTORY
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Repealer filed 5-5-82; effective thirtieth day thereafter (Register 82, No. 19).
§20003. Payment for Photostatic Copies.
Note • History
(a) A private individual or a firm shall pay in advance of delivery for photostatic copies, or any other item that may be sold by the State Library.
(b) Public agencies may buy and receive delivery of such copies or other items, and be billed later for the purchase price.
NOTE
Authority and reference cited: Sections 19304 and 19320, Education Code.
HISTORY
1. New NOTE filed 5-5-82; effective thirtieth day thereafter (Register 82, No. 19).
§20004. Use of Books on Library Premises.
Note • History
Any person may use in reading rooms of the State Library any books, periodicals, and like material. He shall not, however, mark, cut, tear, deface, or remove any pages or parts thereof. Any person who does so, may thereafter be denied the use of any library material.
NOTE
Authority and reference cited: Sections 19304 and 19320, Education Code.
HISTORY
1. New NOTE filed 5-5-82; effective thirtieth day thereafter (Register 82, No. 19).
Article 2. Interlibrary Loans
Note • History
State Library books and materials which are permitted to circulate shall be made available to inhabitants of the State through a loan service.
(a) Where there is a local library, all requests for loan of State Library materials shall be made through a local library, except as provided in Section 20050.
(b) In addition to borrowing through any library which they are entitled to use, high school students in schools where no established school library exists may borrow through a high school district employee designated by the proper school authorities to handle library requests.
(c) Direct service to individuals may be made as provided in Section 20050.
NOTE
Authority cited: Sections 19304 and 19320, Education Code. Reference: Sections 19320 and 19330, Education Code.
HISTORY
1. Amendment of subsection (b) filed 5-5-82; effective thirtieth day thereafter (Register 82, No. 19).
Note • History
The State Library shall loan any book or periodical which is available for loan purposes to any other public or private library in California upon receipt of a request from the borrowing library.
NOTE
Authority and reference cited: Sections 19304 and 19320, Education Code.
HISTORY
1. New NOTE filed 5-5-82; effective thirtieth day thereafter (Register 82, No. 19).
Article 3. Service to Individuals
§20050. Direct Library Loan Service to Individuals.
Note • History
The State Library shall give direct library loan service to the following persons only, and upon proper identification:
(a) Members of the California Legislature.
(b) Legislative staff members, State officers and employees.
(c) Accredited representatives of the Capitol Correspondents Association as published in most recent legislative histories.
(d) Employees, located in Sacramento, of Organizations Representing California State Employees as verified by the State Personnel Board.
(e) A resident of the State in an area where no local library service is available.
NOTE
Authority cited for Article 3: Sections 19304 and 19320, Education Code. Reference: Sections 19320 and 19330, Education Code.
HISTORY
1. Amendment filed 3-19-71; effective thirtieth day thereafter (Register 71, No. 12).
2. Amendment filed 1-25-72; effective thirtieth day thereafter (Register 72, No. 5).
3. Amendment of subsection (b) filed 4-18-75; effective thirtieth day thereafter (Register 75, No. 16).
4. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
5. Amendment of NOTE filed 5-5-82; effective thirtieth day thereafter (Register 82, No. 19).
Subchapter 2. California Library Services
Article 1. General Provisions
Note • History
The regulations contained in this chapter shall implement the California Library Services Act, Chapter 4 of Part 11 of Division 1 of Title 1 of the Education Code, beginning with section 18700 thereof.
NOTE
Authority and reference cited for Article 1 (Sections 20100-20106, consecutive): Chapter 4 (Section 18700, et seq. ) of Part 11, Education Code. Issuing agency: California Library Services Board.
HISTORY
1. New Article 1 (Sections 20100-20106, consecutive) filed 7-20-78; effective thirtieth day thereafter (Register 78, No. 30).
Note • History
(a) The State Board finds that it is in the best interests of the citizens of California and best fulfills the purposes of the Act (Chapter 4, part 11, Division 1, Title 1, Education Code) that libraries participating in any one program of the Act participate in all applicable programs of the Act.
(b) Any public library participating in programs of the Act shall, under section 18724(h) of the Act, provide access to the library's bibliographic and location data upon request from the State Board for inclusion in the appropriate data base established by the State Board in implementation of the Act. The access shall be provided in such form, manner, and frequency as are agreed upon between the State Board and the library.
(c) Funding distributed according to California Library Services Act provisions may not be used to support other than library purposes. To comply with Education Code Section 18703(c), the funding may not be used to replace local funds for library services, but only to supplement the local funding to further the purposes of the Act.
(d) A public library participating in any program of the Act must participate in the direct loan transaction reporting, whether the library participates in either of the direct loan programs or not. During the designated transaction reporting periods all CLSA participating libraries must record all direct loans made to eligible residents of other jurisdictions whose libraries are participating in the direct loan programs, as long as the handling costs of paid loans are not being covered in whole, or in part, by CLSA funds in addition to direct loan reimbursement funds, LSCA funds, or by funds provided by the jurisdiction of the eligible non-resident.
NOTE
Authority cited: Section 18724, Education Code. Reference: Sections 18700-18703, and 18724, Education Code.
HISTORY
1. New subsection (d) filed 9-21-79 as an emergency; effective upon filing (Register 79, No. 38). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 1-19-80.>
2. Certificate of Compliance filed 1-17-80 (Register 80, No. 3)
3. Amendment of subsection (d) filed 5-21-81; effective thirtieth day thereafter (Register 81, No. 21).
§20102. Special Filing Provisions for 1978/79.
Note • History
NOTE
Authority cited: Section 18724, Education Code. Reference: Sections 18700-18767, Education Code.
HISTORY
1. Repealer filed 1-30-81; effective thirtieth day thereafter (Register 81, No. 5).
§20103. Waiver of Filing Date.
The State Board may waive or reset any filing dates required by these regulations, if the State Board determines that so doing would best serve the purposes of the Act.
§20104. Eligibility to Participate.
Funding under any program of the Act shall be provided only to libraries which are physically and administratively located within California and which meet any additional eligibility criteria required for specific program participation.
§20105. General Requirements for Participation.
Note • History
(a) Public Library Participation Authorization. Every public library wishing to participate in any of the programs of the Act must file with the State Board an authorization by the jurisdictional governing body for that library's participation. The authorization must be in the form and manner and be filed by the date specified by the State Board.
(b) Public Library Certification. Upon the authorization by the jurisdictional governing body, the head librarian of each public library wishing to participate in the programs of the Act must file a certification of compliance with provisions of the Act. This certification shall remain in effect until the library jurisdiction no longer complies with the stated provisions. The certification shall specifically include compliance with Education Code Sections 18703(c) and 18724(e).
If the library or jurisdiction is no longer in compliance, the head librarian shall notify the Board no later than thirty days following such a change in compliance status.
(c) Participation by Libraries other than Public Libraries. The head librarian of such library eligible to participate in any of the programs of the Act and wishing to do so must file with the State Board a notice of its intent to participate and of its agreement to the provisions of the Act and administrative regulations as they apply to the library's participation. This notice shall be filed in such form and manner as specified by the State Board by September 1 of the fiscal year preceding active participation. The agreement shall remain in effect until rescinded by the State Board or the library.
(d) Reports, Applications, and Claims. Any budget documents, reports, applications, and claims for funds pursuant to this Act shall be submitted by participating libraries in such form and manner and by the dates established by the State Board.
(e) No public library participating in the programs of the Act may charge its residents, as defined in section 20203, any fee to obtain a library card nor for services for which it is receiving reimbursement under the California Library Services Act.
(f) The California Library Services Board believes that it is in the best interests of the citizens of California that the information services of public libraries be provided free of charge.
NOTE
Authority cited: Section 18724, Education Code. Reference: Section 18700-18767, Education Code.
HISTORY
1. New subsections (e) and (f) filed 3-8-79; effective thirtieth day thereafter (Register 79, No. 10).
2. Amendment of subsections (b) and (c) filed 5-21-81; effective thirtieth day thereafter (Register 81, No. 21).
§20106. Uniform Population Statistics.
Any funds distributed per capita shall be awarded using the most recently published and available combined estimate for cities and counties from the California State Department of Finance.
Note • History
(a) The definitions concerning California Library Services Act components set forth in Education Code Section 18710 are hereby incorporated by reference, with additions as noted in subsection (b) of this section. The definitions incorporated by reference are accurate to California Statutes 1979.
(b) Additions to the regulations hereby incorporated are as follows:
(1) “Chief Executive Officer” means the State Librarian.
(2) “President” means the elected President of the Board.
(3)“Public library affiliation” means the formal and legal joining to a System (i.e. the obtaining of full System membership status) by a public library not previously a member of any System. A Public Library Affiliation is not considered complete until all necessary local System and jurisdictional agreements have been approved and are in force, and the State Board has approved the affiliation.
(4) “Public library consolidation” means the formal and legal joining of the functions, services, operations, etc. of two or more formerly independent public libraries into a single public library, as defined in Education Code Section 18710 (e). A Public Library Consolidation is not considered complete until all necessary local jurisdictional agreements have been approved and are in force, and the State Board has approved the consolidation (see Administrative Code Section 20180, below).
(5) Reference collection. Reference collection means a collection of materials, both print and non-print, designed primarily for use in answering requests for information.
(6) Reference specialist. Reference specialist means a trained and experienced librarian who can provide reference referral services and who can also understand how to approach the community in general and the undeserved in particular, together with appropriate skills in analysis of information needs and design and implementation of reference programs responsive to those needs. A reference specialist may be employed in providing any of the services for which he/she is qualified.
(7) “Secretary” means the Executive Secretary of the Board.
(8) “State Board” means the California Library Services Board.
(9) “System consolidation” means the formal and legal joining of geographic service areas, functions, operations, etc. of two or more formerly separate Systems into a single Cooperative Library System, as defined in Education Code Section 18710 (c). A System Consolidation is not considered complete until all necessary local System consolidation agreements have been approved and are in force, and until the State Board has approved the consolidation (see Administrative Code Section 20185, below).
(10) “Valid non-resident borrowers card” means a card that is issued free of charge by a public library to a resident of another jurisdiction which maintains a public library, as long as such card meets all of the legal requirements of the issuing library.
(11) “Vice-President” means the elected Vice-President of the Board.
NOTE
Authority cited: Section 18724, Education Code. Reference: Section 18700-18767, Education Code.
HISTORY
1. New section filed 10-24-79; effective thirtieth day thereafter (Register 79, No. 43).
2. Amendment of subsection (b) filed 5-21-81; effective thirtieth day thereafter (Register 81, No. 21).
Article 2. California Library Services Board Procedures
§20116. Officers of the State Board.
Note • History
The State Board shall elect a President and Vice-President. The State Librarian shall be the Chief Executive Officer of the State Board.
(a) The State Board shall annually elect a President and Vice-President at the first regular meeting of each calendar year.
(b) Should a vacancy occur in the Office of President or Vice-President, the State Board shall at its net regular meeting elect one of its members to fill such vacancy for the remainder of the term.
(c) Duties of President. The President shall preside at all meetings of the State Board, shall execute for the State Board any documents requiring such execution, and shall perform such other duties as the State Board so provides.
(d) Duties of Vice-President. The Vice-President shall in the absence of the President perform any of the duties of President that cannot reasonably await the President's return.
(e) Duties of the Chief Executive Officer.
(1) Make such reports and recommendations to the State Board as he deems desirable and appropriate or as may be required by the State Board.
(2) Administer the provisions of this chapter.
(3) Review all claims to ensure programmatic and technical compliance with the provisions of this chapter.
NOTE
Authority cited: Section 18724, Education Code. Reference: Sections 18720 and 18724, Education Code.
HISTORY
1. New Article 2 (Sections 20116-20134, not consecutive) filed 7-20-78; effective thirtieth day thereafter (Register 78, No. 30).
2. Amendment of subsection (e) filed 5-21-81; effective thirtieth day thereafter (Register 81, No. 21).
A quorum for all State Board meetings shall be seven (7) members. The concurrence of 7 of its members shall be necessary to the validity of all actions of the State Board.
History
(a) Date. Regular meetings of the State Board shall take place at least bi-monthly on the third Thursday of the months of February, April, June, August, October; the December meeting shall be held in conjunction with the California Library Association conference.
(b) Place. The tentative locations for the regular meetings of the following calendar year shall be determined annually, at the last regular meeting of the calendar year.
(c) Change of date or place. Nothing in this regulation shall be construed to prevent the State Board from altering its regular meeting dates or places of meeting.
(d) Meeting notice. A notice of regular meetings shall be provided at least seven days prior to the meeting date to any person annually requesting such notice under section 20119 below. Such notice shall include the time, date, and place of the regular meeting and a copy of the agenda therefor.
HISTORY
1. Repealer and new subsection (a) file 4-11-80; effective thirtieth day thereafter (Register 80, No. 15).
2. Amendment of subsection (b) filed 5-21-81; effective thirtieth day thereafter (Register 81, No. 21).
(a) Eligibility. Notice of any regular or special public meeting of the State Board shall be given to any person annually requesting under section 20119(b).
(b) Procedure. Individuals and organizations wishing to receive notice of regular and special meetings of the State Board and copies of the agenda may annually request the Secretary to include their names on the mailing list. Inclusion on the mailing list will result in notification to the addressee of all regular and special meetings of the State Board. The Secretary shall annually notify interested agencies and organizations that, upon request, they are entitle to be placed on the mailing list.
§20120. Open Meetings of Committees, Commissions, and Advisory Bodies.
(a) State Board Committees. Meetings of State Board committees composed solely of members of the State Board, created by a formal action of the State Board, shall be open and public.
(b) Advisory Bodies. Unless otherwise provided by law, meetings of any advisory body, or committees or subcommittees thereof, created by statutes or by formal action of the State Board, to advise or report or recommend to the State Board, shall be open and public.
All meetings of the State Board will be open and public except for executive sessions authorized by Government Code Sections 11120- 11131.
Special meetings may be called by the President of the State Board or a majority of the members thereof for any stated purpose. Notice of such meetings shall be provided at least 24 hours in advance to those persons so requesting under section 20119(b).
§20123. Emergency Meetings and Agenda Items.
(a) Power. An emergency meeting may be called by the President of the State Board or a majority of the members thereof without providing the notice required by section 20119 if there is an unforeseen emergency condition in existence.
(b) Definition. An unforeseen emergency condition exists when there is an immediate threat of adverse effects on the program authorized by the Act of such scope that requires action of the State Board to avert such effects.
(c) Agenda Items. An item may be included on the agenda of any regular meeting if an unforeseen emergency condition exists without the notice required by section 20119.
(d) Certification. Concurrence of 7 of the members is required to certify that an emergency condition exists in order to take any action at an emergency meeting or regarding an emergency item.
(e) Notice. If reasonably possible, notice of the emergency item or meeting shall be provided to those so requesting under section 20119(b). Lack of such notice shall not invalidate any action taken on said item or at said meeting.
(a) All matters to be submitted for consideration of the State Board shall be sent to the Secretary at least 10 days preceding a regular meeting of the State Board, at California Library Services Board, P.O. Box 2037, Sacramento, CA. 95809.
(b) Setting of Agenda. The agenda for regular meetings of the State Board shall be set by the Chief Executive Officer at least 8 days prior to the meeting.
(a) Recognition of Speakers. Members of the public or the State Library staff will be recognized by the President of the State Board to speak at any meeting. All remarks made shall be germane to the business at hand and shall be addressed to the President. No person other than the person having the floor and members of the State Board shall be permitted to enter the discussion.
(b) Subject of Remarks. All speakers before the State Board shall confine their remarks to the subject indicated in their written request, or indicated in the recognition by the President.
§20127. Robert's Rules of Order.
Except where the provisions of the California Library Services Act of 1977 or of these regulations provide to the contrary, or when the State Board determines otherwise, the State Board shall operate under the latest edition of Robert's Rules of Order.
Note • History
(a) Notice. The State Board may hold a public hearing regarding any matter pending before it, after giving the 45-day notice as required by the California Administrative Procedures Act. Such notice shall include adequate descriptive matter relating to the subjects to be considered in hearing.
(b) Alternative hearing. The State Board may direct that a public hearing be held before staff of the State Library, an advisory commission to the State Board, or a standing or ad hoc committee of the State Board regarding any matter which is, or is likely to be, pending before the State Board.
(c) Speakers.
(1) Notice. Persons wishing to address the State Board on a subject to be considered at a public hearing, should present a request to the Secretary four (4) working days in advance of the meeting at the office of the Secretary, stating the subject they wish to address, the organization they represent, if any, and the nature of their testimony. Persons wishing to address the Board, who have not presented a request four days in advance, may be heard at the discretion of the presiding officer.
(2) Copies of Statement. The speaker may provide a written copy of his statement to the Secretary 24 hours in advance of the hearing.
(3) Public Testimony. At or before the hearing at which oral comments from the public are to be received, the State Board or other hearing body shall determine the total amount of time that will be devoted to hearing such oral comments, and may, at its discretion, determine the time to be allotted to each person or to each side of an issue.
NOTE
Authority cited: Section 18724, Education Code. Reference: Sections 18720, and 18724, Education Code.
HISTORY
1. Amendment of subsection (a) filed 5-21-81; effective thirtieth day thereafter (Register 81, No. 21).
§20131. Waiver by Presiding Officer.
At any time upon a showing of good cause, the presiding officer of the hearing may waive the requirements of Sections 20130.
(a) Inspection of Public Records.
(1) Inspection of the original copy of any public record of the State Board (as defined in Government Code section 6252(d) and 6254) will be permitted during regular office hours of the State Library, Library-Courts Building, Sacramento.
(2) Requests to inspect such records should be filed with the Secretary at least five working days prior to the requested date in order to insure availability.
(3) Requests for inspection should be as specific as possible in identifying the records desired.
(4) Original copies of public records shall not be removed from the office the Secretary.
(b) Obtaining Copies of Public Records.
(1) Requests to obtain copies of public records may be made in person or by mail to the office of the Secretary.
(2) Such requests should be as specific as possible in identifying the records desired.
(3) Certification of the authenticity of copies may be obtained from the Secretary.
Article 3. General Provisions for Systems
§20135. System Budget Request and Plan of Service.
Note • History
Each System participating in programs of the Act shall adopt a System Plan of Service, developed with the assistance of the System Advisory Board, and prepare a budget for carrying out the objectives of the Plan. After discussion and review by the System Advisory Board, and approval by the Administrative Council, the System budget request and Plan of Service shall be annually submitted to the State Board by June 1 of the fiscal year immediately preceding the fiscal year for which funds are requested.
(a) Plan of Service. The annual Plan of Service shall describe in the form and manner prescribed by the State Board how the System proposes to carry out the purposes of the Act, and it shall include information relative to the following statements:
(1) A population profile. This shall be no more than five years old, and shall use the most current data available.
(2) A description of the users and the non-users of the services of the members of the System.
(3) A description of the services provided by the System.
(4) A list of the major unmet information needs of the population of the System area.
(5) A plan for the use of CLSA funds, listing each of the services in (3) above which the System plans to maintain or improve, and each of the unmet needs in (4) above which the System plans to address. Under each such service to be provided or unmet needs to be addressed, the plan shall include:
(A) The user benefit expected.
(B) A brief description of the method by which the benefit will be provided.
(b) Budget. The System budget shall document in the form and manner prescribed by the State Board the dollar amounts to be expended for providing each System service or addressing each unmet need.
(c) In addition, each System shall file by September 1 of each year a report, in the form and manner prescribed by the State Board for the fiscal year just ended, that describes actual accomplishments and expenditures of the System program, compares them with the planned accomplishments and expenditures for the fiscal year reported and includes other appropriate commentary.
NOTE
Authority cited: Section 18724, Education Code. Reference: Sections 18740-18767, Education Code.
HISTORY
1. New Article 3 (Sections 20135-20145, not consecutive) filed 7-20-78; effective thirtieth day thereafter (Register 78, No. 30).
2. Amendment filed 5-21-81; effective thirtieth day thereafter (Register 81, No. 21).
3. Amendment filed 10-23-81; effective thirtieth day thereafter (Register 81, No. 43).
§20136. System Administrative Policy Manual.
Each System participating in programs of the Act must develop by July 1, 1979, a System Administrative Policy Manual which shall include along with any other items the System finds useful, its policies for:
(a) Receiving and accounting for state and federal funds on behalf of the System.
(b) Employment of System personnel.
(c) Interaction with System Advisory Boards.
(d) Executing the System programs approved by the State Board. Policy manuals shall be in conformity with the California Library Services Act. Policy manuals shall be kept current.
§20140. System Administration.
Note • History
(a) Cooperative Library Systems. The System Administrative Council shall consist of the head librarian of each jurisdiction in the system. In case of the head librarian's absence, an official delegate or alternate may vote in place of the head librarian. It shall have regular meetings, open and accessible to the public and to members of the System Advisory Board as required in the Ralph M. Brown Act (Govt. Code Section 54950-54961). Information about the meetings of the Council shall be disseminated in such a way and in such languages as the Council determines will most effectively inform the public of the Council's activities. The Council shall be represented at each meeting of the System Advisory Board. The Council shall provide for the position of a Council Chair-person, and for rotation of that position among the Council members.
NOTE
Authority cited: Section 18724, Education Code. Reference: Sections 18710(n) and 18740(a), Education Code.
HISTORY
1. Repealer of subsection (b) filed 5-25-82; effective thirtieth day thereafter (Register 82, No. 22).
§20145. System Advisory Board.
Note • History
(a) Purpose. The State Board finds that it is in the best interests of the citizens of California and best fulfills the purposes of the Act that System Advisory Board members participate in the planning and development of CLSA-funded system services, in cooperation with their respective System Administrative Councils. The purpose of the System Advisory Board program shall be to provide a means for effective communication between each Administrative Council and the residents of its system service areas, and to help ensure that library services provided by each system respond appropriately to the needs of its residents.
(b) Establishment. An Advisory Board for each System shall be established. The Advisory Board shall consist of the number of members specified in Education Code Section 18747(b) and 18748, except that no System Advisory Board shall consist of fewer than five members.
(c) Advisory Board Members. Each System shall provide the California Library Services Board annually, no later than June 1, with a list of the members of the System Advisory Board and an indication of the undeserved population segments represented. Categories used in the Population Profile portion of the System Plan of Service shall be used to indicate the population segments represented.
(d) Organization. Each Advisory Board may formalize its organization by adopting by-laws. Such by-laws shall be in conformity with the Act, these regulations, and Robert's Rules of Order, Newly Revised.
(e) Advisory Board Meetings. The Advisory Board shall have regular meetings, open and accessible to the public. Information about the meetings shall be disseminated in such a way and in such languages as the Advisory Board determines will most effectively inform the public of the Board's activities. It shall be the responsibility of each Advisory Board Member to inform his or her appointing governing body and respective community of these activities. The Advisory Board shall also be represented at meetings of the Administrative Council and shall provide the Administrative Council with regular reports of the Board's activities.
(f) Orientation and Training. It shall be the responsibility of each System Administrative Council to work in conjunction with the State Board and the System Advisory Board to ensure that materials and training are provided as necessary to orient each Advisory Board member to the goals, functions and responsibilities of the State Board, the System Administrative Council, and the System Advisory Board. The Chief Executive Officer may, on behalf of the State Board, provide and/or recommend such materials and training as appropriate.
NOTE
Authority cited: Section 18724, Education Code. Reference: Section 18750, Education Code.
HISTORY
1. Amendment of subsections (a) and (b) filed 5-21-81; effective thirtieth day thereafter (Register 81, No. 21).
2. Amendment filed 10-23-81; effective thirtieth day thereafter (Register 81, No. 43).
Article 4. System Reference
Note • History
For purposes of this Article:
(a) “Discernible difference” means the difference in quality or quantity of service to the user made possible by the support provided under this Article, beyond the service which would have been provided had the member library not had that support.
(b) “Evidence of benefit” means verification (e.g., statistical sample; staff or user personal testimony; case study) of a discernible difference.
(c) “Performance objectives” means the quantified expression of service specifications (e.g., average response time; number of new users satisfactorily served). The quantities may be set at varying levels from year to year, as experience is gained and as available resources vary.
(d) “Service specification” means a qualitative outcome (a goal) which each System shall strive to achieve for one or more of the service components of the System Reference program set forth in Section 20154 of this Article. It describes what is to be examined in determining if a reference service is performing as intended. Service specifications are expected to be relatively constant over a period of several years.
NOTE
Authority cited: Section 18724, Education Code. Reference: Section 18741, Education Code.
HISTORY
1. Renumbering of former Section 20150 to Section 20151 and new Section 20150 filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33). For history of former section, see Register 78, No. 23.
Note • History
The intent of this Article is to allow Systems maximum flexibility to decide in what way they will carry out the requirements of the Article. Systems should provide the best possible professional Reference services.
NOTE
Authority cited for Chapter 2 (Sections 20150-20195, not consecutive): Section 18720 et seq. , Education Code. Issuing agency: California Library Services Board.
HISTORY
1. Editorial renumbering and correction of Chapter 2, Subchapter 2 (Register 69, No. 51). For prior history, see Registers 66, Nos. 2 and 32; 68, Nos. 23 and 41; 69, No. 25; 71, No. 1.
2. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Repealer of Chapter 2 (Sections 20100-20401, not consecutive) filed 5-17-78; effective thirtieth day thereafter (Register 78, No. 20).
4. New Chapter 2 (Sections 20150-20195, not consecutive) filed 6-9-78; effective thirtieth day thereafter (Register 78, No. 23).
5. Renumbering of former Section 20151 to Section 20152 and renumbering of former Section 20150 to Section 20151 filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33).
§20152. Integrated Service Program.
History
The intent of this Article is that the elements to improve service to the undeserved should be developed and carried out as much as possible in an integrated manner with all local and System services, so that all elements together provide an inseparable, total library service program.
HISTORY
1. Renumbering of former Section 20151 to Section 20152 filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33).
Note • History
Each System shall adopt a program of coordinated reference service support to the members of the system that conforms to the following principles:
(a) The program makes a discernible difference to the service provided to the user when he or she asks the library for help.
(b) The program incorporates services that are specific to the needs of the undeserved.
(c) The program is designed to provide evidence of benefit that will be understandable to local users, library staffs, and state officials.
NOTE
Authority cited: Section 18724, Education Code. Reference: Section 18741, Education Code.
HISTORY
1. New section filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33).
Note • History
Each System shall use its reference allowance to provide the following three service components:
(a) general improvement of local reference service;
(b) improvement of reference services to the undeserved; and
(c) interlibrary reference.
NOTE
Authority cited: Section 18724, Education Code. Reference: Sections 18710(h)(s) and 18741, Education Code.
HISTORY
1. New section filed 6-8-83; designated effective 7-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 24).
§20155. General Improvement of Local Reference Service.
Note • History
(a) Service specifications and performance objectives for the general improvement of local reference service component which are specific to each System shall be adopted by each System. Each System shall, using information provided by its member libraries:
(1) Assess the needs of, and the service to the general population now being provided by the System's member libraries, then
(2) Identify those program areas where improvement can make a significant difference in the quality or quantity of service, and determine which of those can be improved by use of available resources, then
(3) Evaluate which of those remaining areas would offer the greatest improvement in service to the general population, then finally,
(4) Adopt service specifications and performance objectives to accomplish the improved service, which shall be subject to approval by the Chief Executive Officer on behalf of the State Board.
(b) Evidence of benefit. In designing its general improvement of local reference service component, each System shall provide for evidence of benefit that can be gathered without unreasonably burdening the System and its members.
NOTE
Authority cited: Section 18724 Education Code. Reference: Section 18741, Education Code.
HISTORY
1. New section filed 6-8-83; designated effective 7-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 24).
2. New subsection (b) filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33).
§20156. Improvement of Reference Service to the Undeserved.
Note • History
(a) Service specifications and performance objectives for the improvement of reference service to the undeserved component which are specific to each System shall be adopted by each System. Each System shall, using information provided by its member libraries:
(1) Assess the reference needs of, and the reference service to the undeserved now being provided by the System's member libraries, then
(2) Identify the undeserved population and those reference program areas where improvement can make a significant difference in the quality or quantity of reference service, and determine which reference program areas can be improved by use of available resources, then
(3) Evaluate which of those remaining areas would offer the greatest improvement in reference service to the undeserved, then finally,
(4) Adopt service specifications and performance objectives to accomplish the improved reference service, which shall be subject to the approval by the Chief Executive Officer on behalf of the State Board.
(b) Evidence of benefit. In designing its component to improve reference service to the undeserved, each System shall provide for evidence of benefit that can be gathered without unreasonably burdening the System and its members.
(c) Determination of “Fair and Equitable.” Each System shall provide an identified amount from within its CLSA Reference allowance for its improvement of reference service to the undeserved component. This budget, when accompanied by approved service specifications and performance objectives as described in Section 20156(a) above, shall be considered as the “fair and equitable” portion of its reference allowance, required by Education Code, Section 18741(b).
NOTE
Authority cited: Section 18724, Education Code. Reference: Sections 18710(s) and 18741, Education Code.
HISTORY
1. New section filed 6-8-83; designated effective 7-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 24).
2. New subsections (b) and (c) filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33).
§20157. Interlibrary Reference.
Note • History
(a) Each System shall design its interlibrary reference component to the following service specifications:
(1) The highest possible percentage of questions shall be answered.
(2) The answers shall be delivered to the user within an acceptable time period.
(3) Answers shall meet the user's need in terms of amount, format, language, and accuracy of information.
(4) Specifications (1)-(3) should be carried out at the lowest possible cost.
(b) The following uniform performance objectives shall be met by all Systems in implementing the interlibrary reference services specifications:
(1) Answers shall be provided for 90% of all questions referred from member libraries.
(2) 70% of answers shall be returned to the originating member library within 10 working days of the question having been transmitted by that library into the System's reference referral structure.
(3) For 1 and 2 above the following definitions are established:
“Answer” means a reply to a user's question that provides the user with the information sought; or with knowledge that the information does not exist in verifiable form; or that the information is likely available from one or more indicated sources which can, for a specified reason, be more effectively contacted by the user than by the library system; or any combination of the foregoing. “Answer” does not include a status report.
“Originating member library” means the System member public library as defined in Education Code Section 18710(l).
“Within 10 working days” means a 10-day period which begins when a question is referred to a source other than within the originating member library, by a part of that library authorized to do so by its System's reference referral procedures. The measured period ends when the answer is received by the part of the originating member library designed by its System procedures to receive the answer to the particular question.
“Working days” means Mondays, Tuesdays, Wednesdays, Thursdays, and Fridays, excluding legal holidays.
NOTE
Authority cited: Section 18724, Education Code. Reference: Sections 18710(h), 18726 and 18741, Education Code.
HISTORY
1. New section filed 6-8-83; designated effective 7-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 24).
2. New subsection (b) filed 10-17-83; effective thirtieth day thereafter (Register 83, No. 43).
Note • History
Each System shall receive an annual allowance based on the number of member libraries of the System and on the total population served by that System. The State Board shall periodically, and at least annually, review and approve the membership and population figures, and determine an appropriate funding formula which shall be uniform statewide.
NOTE
Authority cited: Section 18724, Education Code. Reference: Sections 18724(d) and 18741(a), Education Code.
HISTORY
1. New section filed 6-8-83; designated effective 7-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 24).
§20160. Special Requirements for 1978/79 and 1979/80 Allowance.
Note • History
NOTE
Authority cited: Section 18724, Education Code. Reference: Sections 18700-18767, Education Code.
HISTORY
1. Repealer filed 1-30-81; effective thirtieth day thereafter (Register 81, No. 5).
§20161. Requirements for Allowance for Years Following 1979/80.
Note • History
NOTE
Authority cited: Section 18724, Education Code. Reference: Sections 18741, 18745-18748, Education Code.
HISTORY
1. Amendment filed 4-13-79; effective thirtieth day thereafter (Register 79, No. 15).
2. Repealer filed 5-21-81; effective thirtieth day thereafter (Register 81, No. 21).
§20162. Single Library Systems.
Note • History
NOTE
Authority cited: Section 18724, Education Code. Reference: Section 18741, Education Code.
HISTORY
1. Repealer filed 5-25-82; effective thirtieth day thereafter (Register 82, No. 22).
Article 5. Consolidations and Affiliations
§20180. Public Library Consolidations.
Note • History
(a) If any two or more contiguous jurisdictions operating public libraries wish to consolidate their libraries into a single library agency and receive establishment grants under Education Code Section 18732, a joint notice of intent signed by the head librarians of the consolidating jurisdictions must be filed with the State Board no later than September 1 of the fiscal year immediately preceding the effective date for consolidation. Authorizations to consolidate, approved by the governing body of each consolidating jurisdiction, and a joint plan for provision of consolidated services, signed by the head librarians, must be filed with the State Board no later than June 1 of the fiscal year immediately preceding the effective date of the consolidation.
(b) The State Board's approval of requests for library consolidation funds under Education Code Section 18732 shall be based on its determination that the consolidation provides a more effective means of carrying out the purposes of the Act than would be the case if the consolidation did not occur.
(c) For purposes of determining the eligibility of the consolidating jurisdictions to receive funds under other provisions of the Act, a public library consolidation approved by the State Board will be considered effective beginning July 1 of the fiscal year immediately following the fiscal year in which the consolidation authorizations are filed.
NOTE
Authority cited: Section 18724, Education Code. Reference: Section 18732, Education Code.
HISTORY
1. Amendment of subsection (a) filed 1-30-81; effective thirtieth day thereafter (Register 81, No. 5).
2. Amendment of subsection (a) and new subsection (c) filed 5-21-81; effective thirtieth day thereafter (Register 81, No. 21).
§20185. System Consolidations.
Note • History
(a) If any two or more Systems whose borders are contiguous wish to consolidate and receive a consolidation grant under Education Code Section 18751, a joint notice of intent, approved by the Administrative Councils of the consolidating systems, must be filed with the State Board no later than September 1 of the fiscal year immediately preceding the effective date of consolidation. System participation authorizations approved by the jurisdictional governing body of each of the System's member libraries, and a new system plan of Service and budget, must be filed with the State Board no later than June 1 of the fiscal year immediately preceding the effective date of consolidation. If the State Board approves the consolidation funding request, a grant shall be awarded for each of the two fiscal years following the fiscal year in which the filing is made.
(b) The State Board's approval of requests for System consolidation funds under Education Code Section 19851 shall be based on its determination that the consolidation provides a more effective way of carrying out the purposes of the Act than would be the case if the consolidation did not occur.
(c) For purposes of determining the eligibility of the consolidating systems to receive funds under other provisions of the Act, a system consolidation approved by the State Board will be considered effective beginning July 1 of the fiscal year immediately following the fiscal year in which the consolidation authorizations are filed.
NOTE
Authority cited: Section 18724, Education Code. Reference: Section 18751, Education Code.
HISTORY
1. Amendment of subsection (a) filed 1-30-81; effective thirtieth day thereafter (Register 81, No. 5).
2. Amendment of subsection (a) and new subsection (c) filed 5-21-81; effective thirtieth day thereafter (Register 81, No. 21).
§20190. Public Library Affiliation with an Existing System.
Note • History
(a) If any jurisdiction, not previously a member of any System, joins a System with borders contiguous to the jurisdiction, and the System wishes to receive an affiliation grant under Education Code Section 18752, the administrative body of the System shall file a notice of intent and the jurisdictional governing body of the affiliating library shall file an affiliation authorization with the State Board as follows:
(3) For memberships occurring between July 1, 1980, and June 30, 1981, the notice of intent shall be filed by September 1, 1980, and the affiliation authorization shall be filed by June 1, 1981. If the State Board approves, a grant of $3,000 shall be made for each of the fiscal years 1981/82 and 1982/83.
(4) For memberships occurring between July 1, 1981, and June 30, 1982, the notice of intent shall be filed by September 1, 1981, and the affiliation authorization shall be filed by June 1, 1982. If the State Board approves, a grant of $2,000 shall be made for each of the fiscal years 1982/83 and 1983/84.
(5) For memberships occurring between July 1, 1982, and June 30 1983, the notice of intent shall be filed by September 1, 1982, and the affiliation authorization shall be filed by June 1, 1983. If the State Board approves, a grant of $1,000 shall be made for each of the fiscal years 1983/84 and 1984/85.
(6) System memberships occurring following June 30, 1983 shall not be eligible for grants under Education Code Section 18752.
(b) The State Board's approval of requests for affiliation grants under Education Code Section 18752 shall be based on its determination that the proposed membership is at least as effective a way of carrying out the purposes of the Act as would be the case if the membership were with a System other than the one joined.
(c) For purposes of determining the eligibility of the affiliating public library or system to receive funds under other provisions of the Act, an affiliation will be considered effective beginning July 1 of the fiscal year immediately following the fiscal year in which the affiliation authorization is filed.
NOTE
Authority cited: Section 18724, Education Code. Reference: Sections 18700-18767, Education Code.
HISTORY
1. Amendment and new subsection (c) filed 12-5-80; effective thirtieth day thereafter (Register 80, No. 49).
§20192. Public Library Withdrawal from System Membership.
Note • History
(a) If a member library does not retain its membership in any System participating in the programs of the Act, the System shall notify the State Board no later than three months preceding the beginning of the fiscal year in which the withdrawal takes effect.
(b) Any System failing to provide the notice required in Section 20192(a) may be required to return to the State Board any funds allocated to it on the basis of the withdrawing library's membership, if the Chief Executive Officer determines that such funds would not have been allocated had the required notice been provided.
NOTE
Authority cited: Section 18724, Education Code. Reference: Sections 18724(b) and 18726(c), Education Code.
HISTORY
1. New section filed 6-8-83; effective thirtieth day thereafter (Register 83, No. 24).
§20195. Public Library Change of System Membership.
If any jurisdiction at present or previously a member of a System which has received state funds pursuant to that jurisdiction's membership, wishes to join another System instead, and if the library and the System it proposes to join wish to receive state funds pursuant to that jurisdiction's membership under Article 5 of the Act, the governing body of the jurisdiction and the administrative body of the System it proposes to join shall file a joint notice of intent with the State Board. The notice shall be filed by September 1 of the year preceding any July 1 of the first full fiscal year for which state funds pursuant to the new membership are requested. The State Board shall approve all appropriate state fund payments to the System under Article 5 of the Act only if it determines that the new membership results in a more effective statewide method of carrying out the purposes of the Act than would be the case if the jurisdiction retained or resumed the System membership it had previously. If the State Board does not make such a determination in favor of the new membership, then the new System's funding under Article 5 of the Act shall be calculated on the basis of the System comprising only those public library jurisdictions whose membership is approved.
Article 6. Direct Loans
Note • History
Except where otherwise specified, the regulations contained in the Article apply both to Education Code Section 18731 (Universal Borrowing) and Education Code Section 18743 (Equal Access) of the Act.
NOTE
Authority and reference cited for Article 6 (Sections 20200-20217, not consecutive): Chapter 4 (Section 18700, et seq. ) of Part 11, Education Code. Issuing agency: California Library Services Board.
HISTORY
1. New Article 6 (Sections 20200-20217, not consecutive) filed 7-20-78; effective thirtieth day thereafter (Register 78, No. 30).
For purposes of this Article, each resident of the State shall be deemed to have a single legal residency, which shall entitle him/her to resident library services of the jurisdiction in which he/she resides, and such services shall not be reimbursable under this Article. In determining the places of residency, the following rules as excepted from Government Code section 244 shall be observed:
(a) It is the place where one remains when not called elsewhere for labor or other special or temporary purpose, and to which he or she returns in seasons of repose.
(b) There can be only one residence.
(c) A residence cannot be lost until another is gained.
(d) The residence of the parent with whom an unmarried minor child maintains his or her place of abode is the residence of such unmarried minor child.
(e) A married person shall have the right to retain his or her legal residence in the State notwithstanding the legal residence or domicile of his or her spouse.
§20204. Loans to Eligible Non-Resident Borrowers.
(a) Public libraries participating in direct loan programs under this Act, shall not charge any fee to non-residents for borrowing privileges.
(b) Reserves and interlibrary loan requests shall be accepted by the participating public library under the same rules and policies applied to local residents.
(c) All procedures governing registration of borrowers shall apply equally to residents and non-residents.
(d) All materials normally loaned by a participating public library are available for loan to non-residents under the same rules and policies applied to local residents.
(e) All loan and return rules governing circulation apply equally to residents and non-residents. If overdue materials are returned to a library other than the library from which borrowed, fines may be paid to and retained by the library to which the return is made. Payments for lost or damaged material are payable to the lending library, and are to be forwarded by the library to which payment is made.
(f) Special loan privileges extended by the participating public library to teachers and other groups within its jurisdiction need not be extended beyond the jurisdiction.
§20205. Non-Resident Borrower Eligibility.
An eligible non-resident borrower must be a resident of California,
(a) Hold a valid borrowers card issued by his/her home library, or (b) Hold or obtain a valid non-resident borrowers card issued by any California public library, or
(c) Hold a valid state borrowers identification card issued by any California public library;
(d) And present any additional identification normally required by a library of its own residents.
(e) Nothing in this section shall prevent the issuing of a non-resident card or charging of fees to a resident of another state, except that loans to such non-residents shall not be counted as reimbursable transactions.
The lending library must be supplied with the name and current address of the borrower and the name of the library jurisdiction in which the borrower maintains his or her legal residency.
§20210. Exchange of Local Funds Prohibited.
Libraries participating in direct loan programs authorized by the Act, shall not charge other jurisdictions for borrowing privileges extended to their residents, except that contracts for loan or other services provided within a defined geographic area by a library jurisdiction to residents of another jurisdiction not served by their library jurisdiction are not prohibited. Persons served under such contracts are to be registered as residents of the jurisdiction providing the contract service.
§20211. Maintenance of Local Service Standards.
It is the intent of this Article that local service standards be maintained:
(a) Extension of borrowing privileges by libraries to non-residents, should not adversely affect the level of service provided by the home library to its own residents.
(b) No library jurisdiction may reduce or fail to maintain or improve the level of service to its residents for the purpose of placing undue reliance on the library services of neighboring library jurisdictions.
§20215. Reimbursement for Net Direct Loans.
Loan of a library material of any type by a participating public library to an eligible nonresident borrower shall result in reimbursement from the state under Education Code Sections 18731 and 18743 to the extent that the number of such loans exceeds the number of items borrowed by that library jurisdiction's residents from other participating public libraries, during a specific reporting period.
§20216. Reporting Requirements.
To obtain reimbursement, participating public libraries shall provide reports in the form and manner, and for the period required. Reports must be submitted by established deadlines. Records in support of claims for state funds must be maintained for four years.
Reimbursable costs, expressed on a unit basis, are those handling costs incurred by the lending library in processing a direct loan to a non-resident. The State Board shall periodically review, at least once a year, and approve such cost data, but the reimbursement rate, as adopted, shall be uniform statewide.
Article 7. Communication and Delivery
§20235. Definition of Reporting Terms.
Note • History
In complying with the reporting requirements of Section 20135 each system shall report the following items using the following definitions with respect to the communication and delivery programs:
(a) “Message” means the transmission of a discrete body of information from one library to another by means of a telecommunications system to a single individual or institutional addressee. Many separate items of information may be contained in a single message. The same body of information transmitted to several addressees at physically distinct locations constitutes several, not one, messages. Written information physically conveyed by delivery van, U.S. Mail, or other courier services is not considered a “message” for communications and delivery reporting purposes.
(b) “Item delivered” means the physical removal of a discrete item from one library to another by means of a delivery van, U.S. Mail, courier service, or other delivery system. Reasonable judgement shall be exercised in determining particular “items” status (e.g., a carton containing 10,000 brochures is one--not 10,000 items).
(c) “Frequency/schedule of delivery service” means that specific (daily, twice weekly, weekly, etc.) frequency of delivery service received by member libraries. If not all members receive the same frequency of delivery service the number of member libraries served on each differing schedule must be reported.
(d) “Other” means that when a system employs communications or delivery methods other than those specifically cited on the standard reporting forms, the system must specify the method(s) employed and separately account for the message or delivery volume for each such method.
NOTE
Authority cited: Section 18724, Education Code. Reference: Sections 18724(e) and 18745, Education Code.
HISTORY
1. Renumbering of former Article 7 (Sections 20251-20265, not consecutive) to Article 8 (Sections 20251-20265, not consecutive) and new Article 7 (Section 20235) filed 6-8-83; effective thirtieth day thereafter (Register 83, No. 24). For prior history, see Register 78, No. 30.
Article 8. Interlibrary Loans
Note • History
The regulations in this article refer to interlibrary loan activity covered under the provisions of Education Code section 18744 (i.e. System interlibrary loan) and 18765 (i.e. Statewide loan).
NOTE
Authority and reference cited for Article 7 (Sections 20251-20265, not consecutive): Chapter 4 (Section 18700, et seq. ) of Part 11, Education Code.Issuing agency: California Library Services Board.
HISTORY
1. Renumbering of former Article 7 (Sections 20251-20265, not consecutive) to Article 8 (Sections 20251-20265, not consecutive) filed 6-8-83; effective thirtieth day thereafter (Register 83, No. 24). For prior history, see Register 78, No. 30.
It is the intent of this program of the Act to support the sharing of library resources through interlibrary loan. Library materials needed by a library user and not available in that user's library will be made available to the user via interlibrary loan.
(a) Public Libraries. Any public library as defined in Education Code section 18710(l), which has been authorized by its jurisdiction to participate in programs of the Act must participate in the interlibrary loan programs of the Act.
(b) Libraries Other Than Public Libraries. To be eligible to participate these libraries must be authorized by their own administrative authorities to do so and must file the proper notice with the State Board as outlined in section 20105(c). Further, a library, other than a public library, may be eligible for a reimbursement only for a loan to an eligible public library. Libraries, other than public libraries, which can become eligible for participation in the interlibrary loan reimbursement programs of the Act include only the following:
(1) Libraries operated by public schools or school districts. These libraries include only those defined in Education Code section 18710(m).
(2) Libraries operated by public colleges or universities. These include those academic libraries (Education Code section 18710(a)) which are funded primarily with public funds. Academic libraries potentially eligible for these programs include the libraries of the University of California, of the State University and College System, and of the California Community Colleges.
(3) Libraries operated by public agencies for institutionalized persons. Libraries for the institutionalized include hospital, correctional, and residential treatment facility libraries which are funded primarily with public funds (i.e. local, state, or federal tax monies).
(4) Libraries operated by nonprofit private educational or research institutions. These libraries include those operated by private colleges and universities which maintain nonprofit status under provisions of the federal Internal Revenue Service or the California Franchise Tax laws. These libraries also include those operated by private companies which are primarily devoted to educational or research purposes and which maintain nonprofit status under provisions of the federal Internal Revenue Service or the California Franchise Tax laws. Such libraries may be required by the State Board to furnish proof of their nonprofit status in addition to any other required notices and forms.
§20257. Reimbursable Transaction.
An interlibrary transaction can result in reimbursement under Education Code sections 18744 and 18765 if it consists of the loan of a library material of any type which is collected by a library or if it consists of the provision of a copy in lieu of loan of a library material, from any eligible, participating lending library to any eligible public library as defined in section 20255 and in Education Code sections 18744 and 18765.
Reimbursable costs are only those handling costs which a lending library incurs in filling a successfully completed interlibrary loan transaction. The State Board shall periodically, and at least annually, review and approve the cost data and determine an appropriate funding formula which shall be uniform statewide.
§20265. Participation Requirements.
Participating libraries, both public and nonpublic, shall conform to the following requirements:
(a) Reporting. To obtain reimbursement a library shall provide by the deadline reporting date, all required reports of its interlibrary loan transactions in an established form and manner determined by the Board for the period required.
(b) Audit. For audit purposes, a record of the interlibrary loan transactions must be maintained for four years.
(c) Fees. A library providing an item for interlibrary loan may not collect a handling fee on a transaction for which that library claims an interlibrary loan reimbursement under provisions of this article. A photocopy fee, exclusive of photocopy handling charge, may be collected.
(d) Direct Loan Availability. Participating libraries shall make maximum use of available bibliographic access tools to refer users to borrow directly from nearby libraries where requested material is easily available, rather than to process an interlibrary loan.
(e) Responsibility for Borrowed Materials. The borrowing library shall be responsible for all items it borrows, and if such item is lost or damaged by the library or its users, the borrowing library may be required by the lending library to make restitution for the item.
(f) Adherence to Standards. All participating libraries shall attempt to follow the standards described in the “California Library Services Act Interlibrary Loan Standards,” which is hereby incorporated by reference. The State Board may withhold reimbursements to libraries which continually fail to meet the standards of performance.
Subchapter 2. Library of California
Article 1. General Provisions
Note • History
The regulations contained in this chapter shall implement the Library of California Act, Chapter 4.5 of Part 11 of Division 1 of Title 1 of the Education Code, beginning with Section 18800 thereof.
NOTE
Authority cited: Section 18821, Education Code. Reference: Chapter 948, Statutes of 1998; Chapter 4.5, Section 18800, Education Code.
HISTORY
1. New subchapter 2 (articles 1-7, sections 20300-20332), article 1 (sections 20300-20301) and section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
Note • History
(a) Funding distributed according to Library of California Act provisions shall be used to support library purposes.
(b) Institutions and public library jurisdictions receiving reimbursement under the provisions of Education Code Section 18844(a-e) may not collect fees for those same services or those portions thereof for which they have received reimbursement.
NOTE
Authority cited: Section 18821, Education Code. Reference: Sections 18801(b)(1), 18802(d), 18802(i) and 18830(c), Education Code.
HISTORY
1. New section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
Article 2. Definitions
Note • History
(a) These additional definitions concerning Library of California Act components complement those set forth in Education Code Section 18810.
(b) Additions to the definitions are as follows.
(1) “California Literacy Campaign” means the program authorized and funded under the California Library Literacy Service Act, Education Code Section 18733.
(2) “Chief Executive Officer” means the State Librarian.
(3) “Families for Literacy” means the program authorized and funded under the California Library Literacy Service Act, Education Code Section 18735.
(4) “Fiscal year” means the State fiscal year unless otherwise specified.
(5) “President” means the elected president of the state board.
(6) “Regional library network affiliation” means that a public library jurisdiction or an institution formally and legally joins a regional library network to obtain full membership status.
(7) “Regional library network consolidation” means the formal and legal joining of the geographic service areas, functions, services, and operations of two or more formerly separate regional library networks into a single regional library network, as defined in Education Code Sections 18840-18842.
(8) “Regional library network division” means the separation of the geographic service areas, functions, services, operations, and membership of a single regional library network into two or more regional library networks, as defined in Education Code Sections 18840-18842.
(9) “Regional library network realignment” means a change in boundaries of two or more regional library networks.
(10) “Regional network council” means regional library council, as defined in Education Code Section 18810(r).
(11) “Statewide electronic library card” means the mechanism by which a library user is authorized to obtain the services provided under Education Code Section 18844(d), the Electronic Direct Access program. These services allow the user to browse the bibliographic catalogs of libraries statewide on a computer, identify and request library resources through a computer, and/or receive the information resources by means of a computer. The statewide electronic library card may be a physical card or an electronically authenticated equivalent or other appropriate vehicle.
(12) “Vice-President” means the elected vice-president of the state board.
NOTE
Authority cited: Section 18821, Education Code. Reference: Section 18810, Education Code.
HISTORY
1. New article 2 (section 20302) and section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
Article 3. Library of California Board
§20303. Powers and Duties of the State Board.
Note • History
Pursuant to its authority to establish regional library networks, the state board may approve:
(a) regional library network affiliations and withdrawals; and
(b) regional library network consolidations, realignments, and divisions.
NOTE
Authority cited: Section 18821, Education Code. Reference: Sections 18821(e), 18830(a) and 18840, Education Code.
HISTORY
1. New article 3 (sections 20303-20310) and section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
§20304. Officers of the State Board.
Note • History
The state board shall elect a president and a vice-president from its members. The term of each office shall be one year.
(a) The state board shall elect annually a president and vice-president at the last regular meeting of each calendar year.
(b) Should a vacancy occur in the office of president or vice-president, the state board shall elect one of its members to fill such vacancy for the remainder of the term. The state board shall take this action at its next regular meeting following the occurrence of the vacancy.
(c) Duties of the President. The president shall preside at all meetings of the state board, shall appoint committees and advisory bodies as authorized by the state board and as necessary to carry out its work, shall execute for the state board any documents requiring such execution, and shall perform such other duties as the state board determines.
(d) Duties of the Vice-President. The vice-president shall, in the absence of the president, perform the duties of the president.
NOTE
Authority cited: Section 18821, Education Code. Reference: Section 18820, Education Code.
HISTORY
1. New section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
Note • History
A quorum for all state board meetings shall be seven of the thirteen members.
NOTE
Authority cited: Section 18821, Education Code. Reference: Section 18820, Education Code.
HISTORY
1. New section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
§20306. Meetings of the State Board.
Note • History
(a) Frequency. Regular meetings of the state board shall be held at least four times each year, distributed over the course of the year.
(b) Schedule. The tentative dates and locations for the regular meetings for the forthcoming calendar year shall be determined annually, at the last regular meeting of the calendar year.
(c) Changes in Schedule. Nothing in this regulation shall be construed to prevent the state board from altering its regular meeting dates or altering the locations of meetings.
(d) Meeting Notice. Any person or organization desiring to receive notice(s) of state board meetings may direct the request to: Library of California Board, California State Library, P. O. Box 942837, Sacramento, California 94237-0001.
NOTE
Authority cited: Section 18821, Education Code. Reference: Section 18820, Education Code.
HISTORY
1. New section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
Note • History
(a) Recognition of Speakers. Members of the public or the State Library staff may be recognized by the president to speak at any state board meeting. All remarks made shall be germane to the business at hand and shall be addressed to the president.
(b) Subject of Remarks. All speakers before the state board shall confine their remarks to the subject indicated in the recognition of the president.
NOTE
Authority cited: Section 18821, Education Code. Reference: Section 18820, Education Code.
HISTORY
1. New section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
§20308. Robert's Rules of Order.
Note • History
Except where the provisions of the Library of California Act or of these regulations provide to the contrary, or when the state board determines otherwise, the state board shall operate under the provisions of Robert's Rules of Order. The state board shall adopt an edition of Robert's Rules of Order as the edition for use by the state board.
NOTE
Authority cited: Section 18821, Education Code. Reference: Section 18820, Education Code.
HISTORY
1. New section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
Note • History
The state board may hold a public hearing regarding any matter pending before it.
NOTE
Authority cited: Section 18821, Education Code. Reference: Section 18820, Education Code.
HISTORY
1. New section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
Note • History
Inspection of the original copy of any public record of the state board, as defined in Government Code Section 6252(d) and 6254, shall be permitted during the regular office hours of the California State Library, Library and Courts I Building, 914 Capitol Mall, Sacramento, California 95814.
NOTE
Authority cited: Section 18821, Education Code; and Section 6253.4, Government Code. Reference: Section 18820, Education Code; and Section 6253(a), Government Code.
HISTORY
1. New section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
Article 4. Eligible Libraries
§20311. Continuation of Membership.
Note • History
(a) Each institution or public library jurisdiction shall continue as a member of a regional library network as long as:
(1) at least one of its participating libraries meets the eligibility standards required by Education Code Section 18830(a) and complies with the agreements required by Education Code Section 18830(b);
(2) the local governing agencies and appropriate administrative authorities do not reduce funding for library services as a result of membership in the regional library network and participation in the programs and services delivered under this Act; and
(3) the institution or public library jurisdiction and its participating libraries comply with the resource sharing standards specified in Section 20312 of this subchapter.
(b) Each regional library network shall assure the compliance of its members with these provisions through its membership policies and procedures.
NOTE
Authority cited: Section 18821, Education Code. Reference: Sections 18830 and 18840(c), Education Code.
HISTORY
1. New article 4 (sections 20311-20315) and section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
§20312. Resource Sharing Standards.
Note • History
(a) Each participating library shall participate in one or more of the four access services components in Education Code Section 18844(a-d).
(b) Each member of a regional library network shall provide access to the library's bibliographic records and location information for those resources it has agreed to share with other libraries, to support the purposes of Education Code Sections 18842(d) and 18851(a-b). The access shall be provided in such form, manner, and frequency as established through subsequent rulemaking conducted under the provisions of the Administrative Procedure Act (Chapter 3.5 of Division 3 of Title 2 of the Government Code, commencing at Section 11340).
NOTE
Authority cited: Section 18821, Education Code. Reference: Sections 18830(b), 18842(d), 18844 and 18851(a-b), Education Code.
HISTORY
1. New section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
§20313. Affiliation with a Regional Library Network.
Note • History
(a) If any institution or public library jurisdiction joins the regional library network serving its geographic area under the provisions of Education Code Section 18830, its affiliation shall be certified by the state board.
(b) Should an institution or public library jurisdiction wish to join a regional library network other than the one serving its geographic area, it may request an exception to the geographic boundary requirement from the state board. An exception may also be requested to enable all participating libraries of a single institution or public library jurisdiction to be served by a single regional library network. The state board's approval for exceptions shall be based on its determination that:
(1) the proposed membership is at least as effective a way of carrying out the purposes of the Act as would be the case if the membership were with the regional library network serving the geographic area; and
(2) the proposed membership does not result in an inefficient expenditure of state funds or redundancy of service.
(c) If the participating libraries of an institution or a public library jurisdiction are located in geographic areas served by different regional library networks, the institution or public library jurisdiction may become a member of each regional library network serving one or more of its participating libraries. However, each participating library shall receive state-supported services from a single regional library network and only that regional library network shall file a certification of library participation with the state board under the provisions of Section 20313(f) of this subchapter for the participating library.
(d) The administrative body of the regional library network shall file a notice of agreement and the institutional governing body or the public library jurisdictional governing body shall file an affiliation request with the state board by April 1 of the fiscal year prior to the fiscal year when such status is sought.
(1) The notice of agreement shall certify that the regional library network approves the membership application of the institution or public library jurisdiction.
(2) The affiliation request shall certify that the governing body or appropriate administrative authority for the institution or jurisdiction wishes to join the regional library network and agrees to comply with the provisions of this Act.
(e) For purposes of determining the eligibility of the affiliating institution or public library jurisdiction to receive services and funds under the provisions of this Act, an affiliation shall be considered effective beginning July 1 of the fiscal year immediately following the fiscal year in which the affiliation is certified by the state board. The state board may approve an earlier effective date if it determines that such action would best serve the purposes of the Act.
(f) Participating Libraries.
(1) If a library within a member institution or member public library jurisdiction elects to become a participating library and it meets the eligibility criteria for a participating library as set forth in Education Code Section 18830(a-b), and its participation is approved by the regional library network, the administrative body of the regional library network shall file a certification of library participation with the state board by April 1 of the fiscal year prior to the fiscal year when such status is sought.
(2) For purposes of determining the eligibility of the participating library to receive services and funds under the provisions of this Act, the status of the library as a participating library shall be considered effective beginning July 1 of the fiscal year immediately following the fiscal year in which the certification of library participation is filed with the state board. The state board may approve an earlier effective date if it determines that such action would best serve the purposes of the Act.
NOTE
Authority cited: Section 18821, Education Code. Reference: Sections 18821(e), 18830, 18831(a) and 18840, Education Code.
HISTORY
1. New section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
§20314. Withdrawal from a Regional Library Network.
Note • History
(a) If a member institution or public library jurisdiction does not retain its membership in a regional library network, the regional library network shall notify the state board within thirty days following the official action of the member and/or the regional library network.
(b) If a participating library does not retain its status as a participating library in a regional library network, the regional library network shall notify the state board within thirty days following the official action of the member on behalf of its participating library and/or the regional library network.
(c) For the purposes of determining the eligibility of an institution or a public library jurisdiction or a participating library to receive services and funds under the provisions of this chapter, a withdrawal shall be considered effective upon filing the notification with the state board.
NOTE
Authority cited: Section 18821, Education Code. Reference: Sections 18821(e), 18830 and 18840, Education Code.
HISTORY
1. New section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
§20315. Membership Eligibility Appeals.
Note • History
(a) If an institution or a public library jurisdiction considers the membership eligibility policies and/or membership eligibility actions of the regional library network serving its geographic area to be inconsistent with the purposes and provisions of this Act, it may file an appeal with the state board.
(b) An appeal shall include references to the relevant purposes and/or provisions of the Act; information on the membership eligibility policies and/or membership eligibility actions of the regional library network which appear inconsistent with the Act; and any available documentation.
(c) The state board shall notify the regional library network of the appeal and shall invite the regional library network to respond to the appeal, which response is due within sixty days of the state board's notice.
(d) The state board shall take action on the appeal within one hundred and fifty days of the institution's or public library jurisdiction's initial filing.
(e) The state board's determination shall be based upon:
(1) the accuracy of the data presented in the appeal;
(2) the impact of the regional library network's membership eligibility actions and/or membership eligibility policies on resource sharing in the geographic region and the state;
(3) the consistency of the regional library network's membership eligibility actions and/or membership eligibility policies with the purposes and provisions of the Act; and
(4) the exclusion or inclusion of libraries by type, size, or other factors inconsistent with the purposes of this Act as a result of the regional library network's membership eligibility actions and/or membership eligibility policies.
(f) The decisions of the state board shall become effective thirty days from its official action on the appeal.
NOTE
Authority cited: Section 18821, Education Code. Reference: Section 18821(h), Education Code.
HISTORY
1. New section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
Article 5. Regional Library Networks
§20316. Establishment of Regional Library Networks.
Note • History
(a) The state board shall use the following criteria to approve the boundaries of the regional library networks, considering both cost-effectiveness and relationship to the resource sharing purposes of this chapter: public library jurisdictional boundaries; commonality with boundaries of educational institutions; recognition of current transportation, marketing, and communication patterns; location of and access to library resources; adequacy of resources for resource sharing purposes; population; and geographical contiguity.
(b) Every geographic area of the state shall be served by a regional library network.
(c) Upon receipt of a plan for a regional library network as set forth in Education Code Section 18840, the state board shall review the plan for completeness and for compliance with the purposes and provisions of the Act.
(d) The state board shall conclude its plan review within one hundred and twenty days from the submission of a plan and approve it or disapprove it. If a regional library network's plan is disapproved, the state board shall note the reason(s) for its disapproval and may make recommendations as to modifications which would make the plan approvable. A modified plan may be re-submitted for state board consideration.
(e) Upon state board approval, a regional library network shall be established for the purposes of this Act and its organization and members shall be recognized as eligible to receive services and funds under the provisions of this Act. The establishment and recognition of the regional library network shall be considered effective on the first July 1 following state board approval. The state board may approve an earlier effective date if it determines that such action would best serve the purposes of the Act.
NOTE
Authority cited: Section 18821, Education Code. Reference: Section 18821(e), Education Code.
HISTORY
1. New article 5 (sections 20316-20321) and section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
§20317. Consolidation of Regional Library Networks.
Note • History
(a) If any two or more regional library networks whose borders are contiguous wish to consolidate, a joint notice of intent, approved by the regional network councils of the consolidating regional library networks, shall be filed with the state board no later than September 1 of the fiscal year immediately preceding the July 1 effective date of the consolidation. Regional library network affiliation authorizations approved by the institutional or public library jurisdictional governing body of each member of the new consolidated regional library network, and a new regional library network plan as specified in Education Code Section 18840, shall be filed with the state board no later than January 15 of the fiscal year immediately preceding the July 1 effective date of the consolidation.
(b) The state board's approval of requests for regional library network consolidations shall be based on the criteria for the establishment of regional library networks specified in Section 20316 of this subchapter and upon the state board's determination that the consolidation provides at least as effective a way of carrying out the purposes of the Act as would be the case if the consolidation did not occur.
(c) For purposes of determining the eligibility of the regional library networks and their members to receive services and funds under other provisions of the Act, a consolidation approved by the state board shall be considered effective beginning July 1 of the fiscal year immediately following the fiscal year in which the consolidation authorizations are filed. The state board may approve an earlier effective date if it determines that such action would best serve the purposes of the Act.
NOTE
Authority cited: Section 18821, Education Code. Reference: Sections 18821(e) and 18840, Education Code.
HISTORY
1. New section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
§20318. Realignment of Regional Library Networks.
Note • History
(a) If any two or more regional library networks whose borders are contiguous wish to realign their boundaries, a joint notice of intent, approved by the regional network councils of the realigning regional library networks, shall be filed with the state board no later than September 1 of the fiscal year immediately preceding the effective date of the realignment. Regional library network affiliation requests approved by the institutional or public library jurisdictional governing body of each member of the new regional library networks, and revised or new regional library network plans as specified in Education Code Section 18840, shall be filed with the state board no later than January 15 of the fiscal year immediately preceding the effective date of the realignment.
(b) The state board's approval of requests for regional library network realignments shall be based on the criteria for the establishment of regional library networks specified in Section 20316 of this subchapter and upon the state board's determination that the realignment provides at least as effective a way of carrying out the purposes of the Act as would be the case if the realignment did not occur.
(c) For purposes of determining the eligibility of the regional library networks and their members to receive services and funds under other provisions of the Act, a realignment approved by the state board shall be considered effective beginning July 1 of the fiscal year immediately following the fiscal year in which the realignment authorizations are filed. The state board may approve an earlier effective date if it determines that such action would best serve the purposes of the Act.
NOTE
Authority cited: Section 18821, Education Code. Reference: Sections 18821(e) and 18840, Education Code.
HISTORY
1. New section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
§20319. Division of Regional Library Networks.
Note • History
(a) If a regional library network wishes to divide into two or more regional library networks, a notice of intent approved by its regional network council shall be filed with the state board no later than September 1 of the fiscal year immediately preceding the July 1 effective date of the division. Regional library network affiliation authorizations approved by the institutional or public library jurisdictional governing body of each member of the new regional library networks, and a new regional library network plan as specified in Education Code 18840 for each regional library network resulting from the division, shall be filed with the state board no later than January 15 of the fiscal year immediately preceding the July 1 effective date of the division.
(b) The state board's approval of requests for regional library network divisions shall be based on the criteria for the establishment of regional library networks specified in Section 20316 of this subchapter and upon the state board's determination that the division provides at least as effective a way of carrying out the purposes of the Act as would be the case if the division did not occur.
(c) For purposes of determining the eligibility of the regional library networks and their members to receive services and funds under other provisions of the Act, a division approved by the state board shall be considered effective beginning July 1 of the fiscal year immediately following the fiscal year in which the division request is filed. The state board may approve an earlier effective date if it determines that such action would best serve the purposes of the Act.
NOTE
Authority cited: Section 18821, Education Code. Reference: Sections 18821(e) and 18840, Education Code.
HISTORY
1. New section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
§20320. Regional Library Network Long-Range Plan and Annual Plan of Service.
Note • History
To continue to qualify for funding under the Library of California Act, each regional library network shall submit a long-range plan and an annual plan of service to the state board for its approval.
(a) The long-range plan shall set forth the goals and objectives for the regional library network over a three year period, relative to the purposes of this Act and the needs of people within the region.
(b) The annual plan of service shall provide for:
(1) services to advance the regional library network's long-range goals and objectives; and
(2) a budget proposed for the next fiscal year.
(c) Following approval by the regional network council, the long-range plan and annual plan of service shall be submitted annually to the state board by April 1 of the fiscal year immediately preceding the fiscal year for which funds are requested.
(d) The state board shall review the long-range plan and the annual plan of service for compliance with the purposes and provisions of the Act.
(e) The state board shall conclude its review within sixty days from the submission of the plans and approve or disapprove them. If a regional library network's plans are disapproved, the state board shall note the reason(s) for their disapproval and may make recommendations as to modifications which would make the plans approvable. Modified plans may be re-submitted for state board consideration.
(f) Any revision of the annual plan of service, including its budget, shall be submitted to the chief executive officer at least thirty days prior to the effective date of the proposed changes.
(g) In addition, each regional library network shall file by October 1 of each year a report for the fiscal year just ended, that describes the actual accomplishments and expenditures of the regional library network program, compares them with the planned accomplishments and expenditures for the fiscal year reported, and includes other appropriate commentary.
NOTE
Authority cited: Section 18821, Education Code. Reference: Sections 18840(d) and 18841(a), Education Code.
HISTORY
1. New section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
§20321. Administration of Regional Library Networks.
Note • History
(a) The regional library network shall provide for the position of a chairperson.
(b) The regional network council and its representative board shall have regular meetings, which shall be open and accessible to the public as required in the Open Meetings Act (Government Code Sections 54950-54961).
(c) The regional network council and its representative board may establish such subgroups, committees, and advisory bodies as necessary to assure the effective and efficient operation of the regional library network.
NOTE
Authority cited: Section 18821, Education Code. Reference: Sections 18840(a), 18840(b) and 18841, Education Code.
HISTORY
1. New section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
Article 6. Access Services
Note • History
This program of the Act supports the sharing of library materials through interlibrary loan. Library resources needed by a library user and not available in the user's library may be made available to the user via interlibrary loan.
(a) Members of regional library networks are eligible to obtain interlibrary loans and to receive reimbursement for interlibrary loans under the provisions of this chapter. A library shall agree both to extend interlibrary loan services and initiate interlibrary loan requests for its primary clientele in order to participate in this program.
(b) An interlibrary loan shall result in reimbursement under Education Code Section 18844(a) if it consists of the loan of a library material in any format or if it consists of the provision of a copy in lieu of loan of a library material from one member of a regional library network to another member of any regional library network statewide.
(c) Interlibrary loan protocols shall be established through subsequent rulemaking conducted under the provisions of the Administrative Procedure Act (Chapter 3.5 of Division 3 of Title 2 of the Government Code, commencing at Section 11340).
(d) Reimbursable costs are those handling costs and delivery costs which a lending library incurs in filling a successfully completed interlibrary loan request.
(e) The reimbursement formula and procedures shall be established through subsequent rulemaking conducted under the provisions of the Administrative Procedure Act (Chapter 3.5 of Division 3 of Title 2 of the Government Code, commencing at Section 11340).
(f) To obtain reimbursement, a regional library network member shall provide to the state board an invoice detailing its interlibrary loan transactions for the appropriate period. For audit purposes, a record of these invoices must be maintained for four years.
NOTE
Authority cited: Section 18821, Education Code. Reference: Section 18844(a), Education Code.
HISTORY
1. New article 6 (sections 20322-20326) and section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
§20323. Patron Referral and Onsite Services.
Note • History
This program of the Act enables library users from one institution or public library jurisdiction to use library services and resources in another institution or public library jurisdiction which would otherwise be inaccessible to them.
(a) Members of regional library networks are eligible to refer patrons under this program. Members of regional library networks are eligible to receive reimbursement for onsite services delivered under the provisions of this Act.
(1) The provision of onsite services to a referred library patron shall result in reimbursement under Education Code Section 18844(b) if the services are delivered and if the referral originated from another member of the regional library network in accordance with protocols developed by the regional library network.
(2) The provision of onsite services to a referred library patron shall result in reimbursement under Education Code Section 18844(b) if the services are delivered and if the referral originated from a member of any regional library network statewide. Protocols shall be established through subsequent rulemaking conducted under the provisions of the Administrative Procedure Act (Chapter 3.5 of Division 3 of Title 2 of the Government Code, commencing at Section 11340).
(b) Information agencies with uncommon and exceptional onsite services and resources, which would otherwise be inaccessible to the public, may receive designation as an eligible recipient of reimbursement funds under Education Code Section 18844(b).
(1) The information agency may apply to a regional library network to provide services to its members provided that:
(A) it is one of the few if not the only source of the onsite service in the region; and
(B) it agrees to comply with the purposes and provisions of this Act.
(2) The information agency may apply to the state board to provide services to members of all regional library networks statewide provided that:
(A) it is one of the few if not the only source of the onsite service in the state; and
(B) it agrees to comply with the purposes and provisions of this Act.
(c) Reimbursable onsite services are those identified by the state board.
(d) Reimbursable costs are those identified by the state board.
(e) To obtain reimbursement, an institution or a public library jurisdiction or an information agency shall provide to the state board an invoice detailing its provision of onsite services to referred library patrons for the appropriate period. For audit purposes, a record of these invoices shall be retained for four years.
(f) Reimbursable services, costs, and procedures shall be established through subsequent rulemaking conducted under the provisions of the Administrative Procedure Act (Chapter 3.5 of Division 3 of Title 2 of the Government Code, commencing at Section 11340).
NOTE
Authority cited: Section 18821, Education Code. Reference: Section 18844(b), Education Code.
HISTORY
1. New section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
Note • History
This program of the Act enables library users to receive direct borrowing privileges at libraries for which these people do not constitute the primary clientele.
(a) Members of a regional library network are eligible to receive reimbursement for extending direct borrowing privileges to people who are not part of their primary clientele, but who are part of the primary clientele of other members of its regional library network. Services shall be provided in accordance with the protocols of the regional library network.
(b) Members of a regional library network are eligible to receive reimbursement for extending direct borrowing privileges to people who are not part of their primary clientele, but who are part of the primary clientele of other members of any regional library network statewide. Protocols shall be established through subsequent rulemaking under the provisions of the Administrative Procedure Act (Chapter 3.5 of Division 3 of Title 2 of the Government Code, commencing at Section 11340).
(c) A library participating in a direct loan program under this Act shall apply the same rules, policies, procedures, and fees related to borrowing privileges to eligible borrowers from other institutions or public library jurisdictions as are applied to individual members of its own primary clientele. Where there are different categories of primary clientele with different service levels, the library shall identify the service level applicable to eligible borrowers from other institutions or public library jurisdictions.
(d) Libraries participating in this program shall ascertain whether or not each person requesting direct borrowing privileges is a member of its primary clientele. If the person is a member of the library's primary clientele, such services shall not be reimbursable under this Act.
(e) An eligible borrower shall hold a valid borrowers card (or equivalent) issued by a member of a regional library network in recognition of his or her status as part of the primary clientele of that institution or public library jurisdiction.
(1) Any additional identification generally required by a library of its own primary clientele may also be required.
(2) The lending library may also require the name and current address of the borrower and the name and current address of the institution or public library jurisdiction through which the borrower is eligible for service.
(f) Contracts for loan and other services provided by an institution or a public library jurisdiction to the primary clientele of another institution or public library jurisdiction are not prohibited. Persons served under such contracts shall be registered as part of the primary clientele of the institution or public library jurisdiction providing the contract service. No reimbursement for services provided under the terms of such contracts shall be provided under this Act.
(g) Loan of a library material of any type by an institution or public library jurisdiction to an eligible borrower shall result in reimbursement from the state under Education Code Section 18844(c). Reimbursements shall be equitable in that:
(1) each loan to an eligible borrower from a type of library different from the lending library shall be reimbursed; and
(2) each loan to an eligible borrower from the same type of library as the lending library shall be reimbursed on a net imbalance basis, to the extent that the number of items loaned to its non-primary clientele exceeds the number of items borrowed by its primary clientele from other libraries of the same type.
(h) To obtain reimbursement, an institution or public library jurisdiction shall provide to the state board an invoice detailing its provision of direct loan services for the appropriate period. For audit purposes, a record of these invoices shall be retained for four years.
(i) Reimbursable costs are those handling costs incurred by the lending library in processing a direct loan under the provisions of this Act.
(j) The reimbursement formula and procedures shall be established through subsequent rulemaking conducted under the provisions of the Administrative Procedure Act (Chapter 3.5 of Division 3 of Title 2 of the Government Code, commencing at Section 11340).
NOTE
Authority cited: Section 18821, Education Code. Reference: Section 18844(c), Education Code.
HISTORY
1. New section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
§20325. Additional Direct Loan Provisions for Public Library Jurisdictions.
Note • History
Each public library jurisdiction that is a member of a regional library network shall provide direct borrowing privileges to all residents of the geographic area served by the regional library network in accordance with Education Code Section 18842(c) and shall provide such service under the provisions of Section 20324 of this subchapter.
(a) In addition to the reimbursable services identified in Section 20324 (a-b) of this subchapter, each public library jurisdiction is eligible to receive reimbursement for extending direct borrowing privileges to Californians who are not residents of its geographic jurisdiction and who are not part of the primary clientele of other members of any regional library network.
(b) For the purposes of this Act, each resident of the state shall be deemed to have a single legal residency, which shall entitle him or her to resident library services of the public library jurisdiction in which he or she resides, and such services shall not be reimbursable under this Act. In determining the places of residency, the provisions of Government Code Section 244 shall apply.
(c) Extension of borrowing privileges by public library jurisdictions to residents of the geographic area served by the regional library network shall not adversely affect the level of service provided by that library to its own primary clientele.
(1) If existing public library service programs, funded at the local level, are diminished as a result of this resource sharing program, the public library jurisdiction may request a waiver of its participation in the direct loan program or a waiver of one or more of the provisions of Section 20324 (c) of this subchapter.
(2) The regional library network shall submit the original waiver request and the subsequent recommendation of the regional library network to the state board for its consideration within ninety days from receipt of the original request.
(3) The state board shall approve or disapprove the waiver request within one hundred and twenty days of the waiver filing with the state board by the regional library network. If approved, the provisions of the waiver shall be effective thirty days from the date of the state board's action and shall be effective for the time period specified by the state board in its approval.
(4) Criteria considered by the state board in making its determination on the waiver request shall include: impact of the direct loan program on local library service; equity of benefits to the primary clientele of the requesting library; relationship of the action proposed by the public library jurisdiction to the purposes of the Act; and recommendation of the regional library network.
NOTE
Authority cited: Section 18821, Education Code. Reference: Sections 18802(i) and 18844(c), Education Code.
HISTORY
1. New section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
§20326. Electronic Direct Access.
Note • History
This program of the Act enables library users to obtain electronic borrowing privileges and electronic information delivery privileges from libraries for which these people do not constitute the primary clientele.
(a) Each member of a regional library network is eligible to authorize library users who constitute part of its primary clientele to utilize this service and is eligible to receive reimbursement for extending this service to people who are not part of its primary clientele but who are part of the primary clientele of other members of regional library networks statewide.
(b) A member of a regional library network desiring to participate in this program shall:
(1) make its own bibliographic records and location information as described in Section 20328(a) of this subchapter available electronically statewide;
(2) at its discretion, authorize members of its primary clientele to receive electronic borrowing privileges and electronic information delivery privileges by issuing statewide electronic library cards to them;
(3) provide electronic borrowing privileges and electronic information delivery privileges to authorized holders of statewide electronic library cards; and
(4) deliver services in accordance with the protocols established through subsequent rulemaking conducted under the provisions of the Administrative Procedure Act (Chapter 3.5 of Division 3 of Title 2 of the Government Code, commencing at Section 11340).
(c) An eligible borrower is a person who is authorized by and holds a valid statewide electronic library card issued by a member of any regional library network statewide.
(1) Any additional identification normally required by a library of its own primary clientele may also be required.
(2) The lending library may also require the name and current address of the borrower and the name and current address of the institution or public library jurisdiction by which the borrower is eligible for service.
(3) Items may be sent electronically to the computer transmitting the request or to a designated substitute computer or to an e-mail account.
(4) Items which cannot be transmitted electronically may be delivered physically to the member of the regional library network authorizing the eligible borrower. Alternatively, the borrower may pay for delivery costs for delivery to an alternate site. The borrower is responsible for returning the item to the library authorizing him or her as an eligible borrower or, alternatively, paying the delivery and related costs of returning the item to the lending library.
(d) Electronic transmission of information or loan of a library material of any type by an institution or a public library jurisdiction to an eligible borrower shall result in reimbursement from the state under Education Code Section 18844(d). An institution or public library jurisdiction shall not collect reimbursement for the same transaction under both the interlibrary loan program and the electronic direct access program.
(e) Reimbursable costs are those handling costs and delivery costs which a lending library incurs in filling a successfully completed electronic direct loan transaction.
(f) To obtain reimbursement, an institution or public library jurisdiction shall provide to the state board an invoice detailing its electronic direct access transactions for the appropriate period. For audit purposes, a record of these invoices shall be maintained for four years.
(g) The reimbursement formula and procedures shall be established through subsequent rulemaking conducted under the provisions of the Administrative Procedure Act (Chapter 3.5 of Division 3 of Title 2 of the Government Code, commencing at Section 11340).
NOTE
Authority cited: Section 18821, Education Code. Reference: Section 18844(d), Education Code.
HISTORY
1. New section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
Article 7. Statewide Services
Note • History
This program of the Act assists all participating libraries in obtaining equitable access to the resources and services of all other California libraries through a telecommunications infrastructure.
(a) Each member of a regional library network is eligible to receive state funds for its participating libraries to become electronic doorways to other library resources and services statewide. The state board shall identify minimum technical specifications and/or performance standards to allow libraries to meet this designation through subsequent rulemaking conducted under the provisions of the Administrative Procedure Act (Chapter 3.5 of Division 3 of Title 2 of the Government Code, commencing at Section 11340).
(b) Any combination of regional library network members, including regional library networks, is eligible to receive state funds for linking library automation systems, supporting electronic access and resource sharing, maintaining access to electronic files and databases, and other services pursuant to the purpose of this Act. The state board shall identify minimum technical specifications and/or performance standards for obtaining state funds through subsequent rulemaking conducted under the provisions of the Administrative Procedure Act (Chapter 3.5 of Division 3 of Title 2 of the Government Code, commencing at Section 11340).
(c) Any member of a regional library network is eligible to receive state funds to assist its participating libraries with the telecommunications ability to provide access for its clientele to services provided under this Act in a manner that is generally available statewide. The state board shall identify minimum technical specifications and/or performance standards to achieve this equity through subsequent rulemaking conducted under the provisions of the Administrative Procedure Act (Chapter 3.5 of Division 3 of Title 2 of the Government Code, commencing at Section 11340).
(d) The state board shall identify priorities, criteria, procedures, and eligible costs for telecommunications projects through subsequent rulemaking conducted under the provisions of the Administrative Procedure Act (Chapter 3.5 of Division 3 of Title 2 of the Government Code, commencing at Section 11340).
NOTE
Authority cited: Section 18821, Education Code. Reference: Section 18850(a), Education Code.
HISTORY
1. New article 7 (sections 20327-20332) and section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
§20328. Bibliographic Databases.
Note • History
This program of the Act ensures that the bibliographic records and location information representing resources in participating libraries are made available statewide.
(a) Members of regional library networks shall provide access to the bibliographic records and location information for those resources they share with other libraries. Bibliographic records and location information may be provided for books, serials, non-print items, information files, and other library materials. Protocols shall be established through subsequent rulemaking conducted under the provisions of the Administrative Procedure Act (Chapter 3.5 of Division 3 of Title 2 of the Government Code, commencing at Section 11340).
(b) For those library resources available for sharing but for which bibliographic records and location information are unavailable, incomplete or incompatible with current national standards for cataloging, or inaccessible in electronic format, or a combination thereof, the state board may allocate funds to:
(1) reimburse regional library network members for cataloging previously-uncataloged or inadequately-cataloged materials in an online communications format at the national standards of Machine Readable Cataloging (MARC 21; 1999 edition; Network Development and MARC Standards Office, Library of Congress) which is hereby incorporated by reference; and
(2) reimburse regional library network members for converting local bibliographic records to the online communications format at the national standards of Machine Readable Cataloging (MARC 21; 1999 edition; Network Development and MARC Standards Office, Library of Congress) which is hereby incorporated by reference.
(c) The state board may establish and maintain electronic access to bibliographic records and location information for library materials, through the creation of one or more centralized online databases, or through linking library automation system servers to one or more access clients, or both, depending upon the availability and capabilities of local or regional library resources and the priority for statewide access.
(d) The state board may allocate funds to train library staff in the standards and technologies needed to support the creation and maintenance of bibliographic databases and to utilize linked systems or equivalent access.
(e) The state board shall identify priorities, criteria, procedures, and eligible costs for bibliographic databases projects through subsequent rulemaking conducted under the provisions of the Administrative Procedure Act (Chapter 3.5 of Division 3 of Title 2 of the Government Code, commencing at Section 11340).
NOTE
Authority cited: Section 18821, Education Code. Reference: Section 18851, Education Code.
HISTORY
1. New section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
§20329. Specialized Reference and Information Provision.
Note • History
This program of the Act enables libraries to draw upon the specialized information resources of other libraries statewide to answer questions beyond the capacity and capability of the regional library network and its members.
(a) The state board may designate libraries, regional library networks, and information agencies to respond to queries in specific subject areas and reimburse them for their services.
(b) The state board may allocate funds to libraries and regional library networks to make available or develop and assemble information resources especially relevant to culturally diverse populations and people with disabilities, converting those resources to electronic format in information modules and making them accessible statewide.
(c) The state board shall identify priorities, criteria, procedures, and eligible costs for specialized reference and information services projects through subsequent rulemaking conducted under the provisions of the Administrative Procedure Act (Chapter 3.5 of Division 3 of Title 2 of the Government Code, commencing at Section 11340).
NOTE
Authority cited: Section 18821, Education Code. Reference: Section 18853(a), Education Code.
HISTORY
1. New section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
§20330. Enhanced Reference and Information Service.
Note • History
This program of the Act improves reference service at the local level in all participating libraries.
(a) Members of regional library networks or regional library networks or a combination thereof are eligible to receive state funds for reference enhancement projects.
(b) Eligible projects include but are not limited to:
(1) training in reference service provision;
(2) developing local library reference collections and services;
(3) providing consultations;
(4) conducting continuing education classes;
(5) developing and implementing reference evaluation tools; and
(6) other services as necessary to improve local reference service under the provisions of this program.
(c) Services provided under this program shall be offered to members of regional library networks.
(d) The state board shall select the projects for implementation on the basis of the following criteria:
(1) demonstrated need for the project;
(2) evidence of adequate planning;
(3) anticipated effectiveness of the proposed approach and plan of operation in addressing the need;
(4) qualifications and skills of key personnel;
(5) cost-effectiveness and adequacy of resources to achieve the project goal(s);
(6) anticipated contribution of the project to improvement of reference service in libraries; and
(7) appropriateness of the evaluation plan.
(e) Each applicant seeking funding under this program shall submit an application that addresses the criteria in Section 20330(d) of this subchapter.
(f) The state board shall identify priorities, procedures, and eligible costs for enhanced reference and information services projects through subsequent rulemaking conducted under the provisions of the Administrative Procedure Act (Chapter 3.5 of Division 3 of Title 2 of the Government Code, commencing at Section 11340).
(g) Each applicant receiving funds under this program shall submit a final report comparing project goals with actual accomplishments and budget estimates with actual expenditures. The final evaluation, using the methodology specified in the application (Section 20330(d)(7) of this subchapter), shall also be included.
NOTE
Authority cited: Section 18821, Education Code. Reference: Section 18853(b), Education Code.
HISTORY
1. New section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
§20331. Cooperative, Coordinated Resource Development.
Note • History
This program of the Act encourages, promotes, and supports the cooperative acquisition and utilization of library resources among participating libraries.
(a) The state board may negotiate reduced acquisition costs or licensing costs and usage fees for members of regional library networks.
(b) The state board may allocate funds to support the trial participation of regional library network members in the use of library resources and technologies for a limited period of time, enabling them to use and evaluate information resources new to them. Member libraries may participate by contacting the state board.
(c) The state board may allocate funds to develop, license, distribute, and support electronic files or databases to be used by members of regional library networks.
(d) Any combination of regional library network members or a regional library network or a combination thereof is eligible to receive funds for cooperative, coordinated resource development projects.
(1) Eligible projects include but are not limited to:
(A) cooperative acquisition or selection processes to assure quality acquisitions and cost-effectiveness for all participants;
(B) collection agreements regarding areas of subject responsibilities for acquisition and/or long-term retention;
(C) shared storage and retention facilities;
(D) collection assessment and evaluation; and
(E) other projects as necessary to promote cooperative, coordinated resource development consistent with the purposes of this program.
(2) Each participating library involved in a project under this program shall already be capable of meeting the basic, recurring information needs of its primary clientele through its locally supported collection. Library resources purchased, in whole or in part, under this program shall be widely accessible to Californians for the useful life of those resources and shall be represented on regional and statewide bibliographic databases or electronic information access gateways.
(3) The state board shall select the projects for implementation on the basis of the following criteria:
(A) demonstrated need for the project;
(B) evidence of adequate planning;
(C) anticipated effectiveness of the proposed approach and plan of operation in addressing the need;
(D) qualifications and skills of key personnel;
(E) cost-effectiveness and adequacy of resources to achieve the project goal(s);
(F) sufficient local or other funds committed to project purposes;
(G) anticipated contribution of the project to the improvement of library collections available locally, regionally, and statewide;
(H) plan for project continuation; and
(I) appropriateness of the evaluation plan.
(4) Each applicant seeking funds under this program shall submit an application that addresses the criteria in Section 20331(d)(3) of this subchapter.
(5) The state board shall identify priorities, procedures, and eligible costs for cooperative, coordinated resource development projects through subsequent rulemaking conducted under the provisions of the Administrative Procedure Act (Chapter 3.5 of Division 3 of Title 2 of the Government Code, commencing at Section 11340).
(6) Each applicant receiving funds under this program shall submit a final report comparing project goals with actual accomplishments and budget estimates with actual expenditures. The final evaluation, using the methodology specified in the application (Section 20330(d)(3)(I) of this subchapter), shall also be included.
NOTE
Authority cited: Section 18821, Education Code. Reference: Section 18855, Education Code.
HISTORY
1. New section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
Note • History
This program of the Act preserves, and provides widespread access to, library materials documenting California's heritage, enhancing California's educational opportunities and economic future, and portraying California's cultural diversity.
(a) Any member of a regional library network or a regional library network or a combination thereof is eligible to receive funds for preservation projects.
(b) Eligible projects include but are not limited to:
(1) preservation of library materials in any format by reformatting, digitizing, conservation treatment, and other appropriate preservation methods;
(2) preservation program management, including needs assessment and planning, research and testing, training, disaster preparedness and recovery, and other managerial activities;
(3) improvement of collection security and the storage environment; and
(4) other projects necessary to preserve library materials consistent with the purposes of this program.
(c) Each member of a regional library network participating in a project under Education Code Section 18856 (b) shall demonstrate a commitment to ongoing preservation. Library resources preserved, in whole or part, under this program, shall be made available for long-term resource sharing purposes and shall be represented on electronic or bibliographic databases accessible regionally and/or statewide.
(d) The state board shall select the projects for implementation on the basis of the following criteria:
(1) demonstrated need for the project;
(2) evidence of adequate planning;
(3) anticipated effectiveness of the proposed approach and plan of operation in addressing the need;
(4) qualifications and skills of key personnel;
(5) cost-effectiveness and adequacy of resources to achieve the project goal(s);
(6) sufficient local or other funds committed to project purposes;
(7) uniqueness of materials to be preserved;
(8) contribution of materials to be preserved toward documenting California's heritage, enhancing California's educational and economic future, and portraying California's cultural diversity;
(9) adequacy of the resource sharing plan; and
(10) appropriateness of the evaluation plan.
(e) Each applicant seeking funds under this program shall submit an application that addresses the criteria in Section 20332(d) of this subchapter.
(f) The state board shall identify priorities, procedures, and eligible costs for preservation projects through subsequent rulemaking conducted under the provisions of the Administrative Procedure Act (Chapter 3.5 of Division 3 of Title 2 of the Government Code, commencing at Section 11340).
(g) Each applicant receiving funds under this program shall submit a final report comparing project goals with actual accomplishments and budget estimates with actual expenditures. The final evaluation, using the methodology specified in the application (Section 20332(d)(10) of this subchapter), shall also be included.
NOTE
Authority cited: Section 18821, Education Code. Reference: Section 18856(b), Education Code.
HISTORY
1. New section filed 5-8-2000; operative 6-7-2000 (Register 2000, No. 19).
Subchapter 3. Library Services for the Blind
§20400. Toll-Free Telephone Service.
Note • History
(a) State funds for toll-free telephone service for registered patrons of the federally designated regional libraries for the blind and physically handicapped shall be used as follows:
(1) The regional library shall make available toll-free telephone service 24 hours a day to registered patrons of the regional library.
(2) Patrons of a regional library shall not use the toll-free telephone service for ordinary requests. For example, the toll-free number shall not be used to submit requests from a new reading list.
(3) The regional library shall acquire a tape recorder to allow patrons to leave messages after normal working hours. Normal working hours are defined as 8 a.m. to 4 p.m., Monday through Friday.
(4) The regional library shall submit a claim for reimbursement of the billed costs of toll-free telephone service to the California State Library.
NOTE
Authority cited: Section 19325, Education Code. Reference: Section 19325, Education Code.
HISTORY
1. Repealer of Chapter (Sections 20300-20354) and new Chapter 3 (Section 20400) filed 2-19-82; effective thirtieth day thereafter (Register 82, No. 8). For prior history, see Registers 79, No. 29; 79, No. 15; 79, No. 11; 77, No. 22; and 71, No. 11.
Chapter 2. California Library Construction and Renovation Board
Article 1. General Provisions
Note • History
(a) Addition/renovation. “Addition/renovation” means a project which adds new square footage to an existing public library in conjunction with remodeling that existing public library building.
(b) Applicant. “Applicant” means a local jurisdiction as defined under Education Code sections 19956 and 19961 which is eligible for and in the process of making application for California Library Construction and Renovation Bond Act funds.
(c) Appraised value. The “appraised value” means the value of land, an existing building or any other improvements as determined by a certified appraisal performed within one year prior to the date of the State Librarian's deadline for application.
(d) Built-in equipment. “Built-in equipment” means equipment which is constructed as part of the building which is not detachable and therefore not removable from the building or grounds.
(e) Completion of the public library project. “Completion of the public library project” means the completion of the construction contract and the receipt by the applicant of the final state payment of funds.
(f) Conversion. “Conversion” means a project which converts by remodeling an existing building, not currently used for public library purposes, into a public library building.
(g) Eligible project costs. “Eligible project costs” are costs authorized in Education Code sections 19957, 19962(d) and 19963. The terms “eligible project costs” and “eligible project expenditures” are used synonymously.
(h) Eligible projected construction cost. “Eligible projected construction cost” means:
(1) for the remodeling portion of conversion, addition/renovation or remodeling projects: the projected construction costs limited specifically to the purposes of energy conservation, providing access for the disabled, and rehabilitation of existing facilities to bring them into compliance with current health and safety requirements established by State Statutes, State Building Codes and local building codes for public facilities;
(2) for new construction: those construction contract costs which are derived by calculating the normal public construction costs in the applicant's area (See section 20418(c)(1)-(7)).
(i) Excessive. “Excessive” means going beyond the limits of what is customary. The State Librarian shall be the sole judge of the limits of what is customary with respect to public library construction projects.
(j) Fastened to the structure. “Fastened to the structure” means bolted, screwed, or welded to the structure of the building or otherwise permanently attached to the building.
(k) Library building program. The “library building program” means a document which provides the analysis of the need for the library project and defines the specific space requirements for a new or improved library building in a manner specified in Appendix 3.
(l) Local matching funds. “Local matching funds” means 35 percent of the eligible project costs.
(m) New construction. “New construction” means the construction of new building square footage for:
(1) a totally new library building, or
(2) an addition to an existing library building, or
(3) an addition to an existing building which is being converted to a library building.
(n) Project. “Project” means a new construction or remodeling project for purposes authorized under Education Code section 19957.
(o) Projected construction cost. “Projected construction cost” means the projected cost of the construction contract for the library project estimated by architects and engineers licensed to practice in the State of California.
(p) Qualified library consultant. “Qualified library consultant” means a person who:
(1) possesses a Masters in Library Science (MLS) or equivalent 5th year degree in library science,
(2) has acted as a consultant to provide at least five of any of the services specified in section 20414(1)(4)(A) through (E). for at least five different library projects within the last ten years, and
(3) has provided the services as an independent contractor, or as the employee of an organization involved with the administration of public libraries.
(q) Remodeling. “Remodeling” means any form of renovation or rehabilitation of an existing facility. The three terms, remodeling, renovation and rehabilitation are used synonymously.
(r) State matching funds. “State matching funds” means 65 percent of the eligible project costs.
(s) Supplemental funds. “Supplemental funds” means any additional local funds above and beyond the eligible project costs which are directly related to the library construction project and are required for the completion of the library construction project.
NOTE
Authority cited: Section 19960, Education Code. Reference: Sections 19952, 19956, 19957, 19958, 19961, 19962, 19963, 19964, 19966 and 19967 Education Code.
HISTORY
1. New section filed 10-31-90; operative 10-31-90 (Register 90, No. 50).
2. Editorial renumbering of Division 1, Chapter 24 (sections 20000-20400) to Division 2, Chapter 1, and editorial renumbering of former Division 2, Chapter 1 (Sections 20410-20426) to new Division 2, Chapter 2 (Register 2001, No. 45).
Article 2. California Library Construction and Renovation Program
§20412. Eligibility for Grants.
Note • History
(a) Joint Powers Agreements (JPA). Grants shall be available to applicants participating in joint powers agreements as long as each party of the JPA is an eligible grant recipient as defined in Education Code section 19956.
(b) Official library service area populations of the project. For the purpose of making application for state funds from the California Library Construction and Renovation Board for a public library construction project, when providing the current (1990) and projected (2010) population of the library service area, the applicant shall only count the people residing:
(1) within the official legal boundaries of the applicant, and
(2) within the service area of the proposed project, but
(3) exclude all people living within the boundaries of other special district, county, or city library service areas, for which there is no library service contract with the applicant.
NOTE
Authority cited: Section 19960, Education Code. Reference: Sections 19956, 19961 and 19966 Education Code.
HISTORY
1. New section filed 10-31-90; operative 10-31-90 (Register 90, No. 50).
Note • History
(a) Allowance for art works. Any work of art which is acquired as an eligible project cost shall be fastened to the structure of the library building or otherwise permanently attached to the grounds.
(b) Acquisition of a prefabricated or existing building
(1) A local jurisdiction may acquire, through purchase or donation, a prefabricated building or an existing building for the purpose of converting it to a public library.
(2) The eligible cost of the building shall be determined in the following ways:
(A) If the building will be purchased by the applicant after the State Librarian's deadline for application, either the purchase price or the appraised value of the building shall be an eligible cost for the library project;
(B) If the building has already been purchased by the applicant prior to the State Librarian's deadline for application, the appraised value of the building shall be an eligible cost for the library project;
(C) If the building has been or will be donated to the applicant, the appraised value of the building shall be an eligible cost for the library project.
(3) In the case (A), where the purchase price of the building is used for the eligible cost, the applicant shall provide documentation acceptable to the State Librarian demonstrating proof of the purchase price paid for the building. In case (A), the choice between the use of either the purchase price or the appraised value of the building shall be at the option of the applicant.
(4) A building shall be considered acquired by the applicant on the date the title to the building has been transferred to and recorded in the name of the applicant.
(c) Rejection or the application for conversion of an existing building. The State Librarian may reject an application for the purchase of an existing building, if the State Librarian finds the existing building to be unsuitable for conversion to a public library because of:
(1) poor structural condition,
(2) presence of toxic materials,
(3) building conditions which limit effective library service,
(4) inappropriate location to serve as a public library,
(5) conversion costs in excess of the normal public construction cost inthe applicant's area for new construction, or
(6) excessive costs of site acquisition, demolition or development.
(d) Rejection of the application for additional renovation because of the existing library facility. The State Librarian may reject an application for an addition/renovation project, if the State Librarian finds that the existing building is unsuitable for renovation because of:
(1) poor structural condition,
(2) presence of toxic materials,
(3) building conditions which limit effective library service,
(4) inappropriate location to continue serving as a public library, or
(5) renovation costs in excess of the normal public construction cost in the applicant's area for new construction.
(e) Multipurpose buildings. A “multipurpose project” means a project which results in a multi-use facility for which part of the use is for the delivery of public library services. The applicant shall determine the total and eligible project costs for that portion of the multipurpose project that is dedicated solely to the delivery of public library services. The architect shall provide a cost analysis comparing the budget of the multipurpose project as a whole with the budget of the library portion of the project.
(f) Land ownership. The applicant may apply for state funds if the applicant owns the proposed library site or shall acquire the site as part of the project. If ownership of the library site is not in the name of the applicant, the applicant may apply for state funds only if the applicant obtains an option to purchase the site, or a lease or lease-purchase agreement for a period of not less than 20 years following completion of the project, or the useful life of the building, whichever is longer. The lease or lease purchase agreement may contain a provision that makes the performance of the agreement contingent upon funding of the project by the California Library Construction and Renovation Board.
(g) Acquisition of a site.
(1) A local jurisdiction may acquire land for the purpose of building a public library facility, by:
(A) purchase,
(B) donation,
(C) lease, or
(D) lease-purchase agreement.
(2) The eligible cost of the land for the library project's site shall be determined in the following ways:
(A) If the land will be purchased by the applicant after the State Librarian's deadline for application, either the purchase price or the appraised value of the land shall be an eligible cost for the library project;
(B) If the land has already been purchased by the applicant within three years of the State Librarian's deadline for application, either the purchase price or the appraised value of the land shall be an eligible cost for the library project;
(C) If the land has already been purchased by the applicant prior to three years from the State Librarian's deadline for applicant, the appraised value of the land shall be an eligible cost for the library project;
(D) If the land has been or will be donated to the applicant, the appraised value of the land shall be an eligible cost for the library project.
(3) In cases (A) and (B), where the purchase price of the land is used for the eligible cost, the applicant shall provide documentation acceptable to the State Librarian demonstrating proof of the purchase price paid for the land. In cases (A) and (B), the choice between the use of either the purchase price or the appraised value of the land shall be at the option of the applicant.
(4) The value of land, which has been acquired through a lease or a lease-purchase agreement, shall not be an eligible cost.
(5) The value of land, already owned by the applicant and dedicated to the operation of an existing public library, shall not be an eligible cost.
(6) Land shall be considered acquired by the applicant on the date the title to the land has been transferred to and recorded in the name of the applicant.
(h) Rejection of the application because of the site. The State Librarian may reject an application, if the State Librarian finds that the proposed site has:
(1) excessive acquisition costs,
(2) title restrictions that adversely effect the state's interest in the site,
(3) limited vehicular accessibility, in terms of traffic volume on roads or streets, or parking capacity for the library building,
(4) inappropriate geographical location within the library service area,
(5) excessive site development costs,
(6) excessive demolition costs,
(7) limited lot size or poor configuration,
(8) location in a 100-year flood plain, or
(9) non-compliance with California Environmental Quality Act (CEQA).
(i) Site development and demolition. Site development and demolition costs associated with the project are eligible project costs, but shall be directly related to the construction of the library facility. Eligible site development and demolition costs shall be limited to work performed within the legal boundaries of the library project's site, except in the case of utilities, paving, curbs or gutters which may extend 100 feet beyond the legal boundaries of the site if the work is required to tie-in the library with existing utilities and roads.
(j) Remodeling. General remodeling of an existing building is not an eligible project cost. Only remodeling limited specifically to the purposes of energy conservation, providing access for the disabled, and rehabilitation of existing facilities to bring them into compliance with current health and safety requirements for public facilities is an eligible project cost. This applies to the remodeling of any facility, including existing library buildings, existing library buildings which are being expanded, or existing buildings which are being converted into a library building.
(k) Architects and engineers.
(1)Payment of fees for any work related to the library construction project performed by architects and engineers is an eligible project cost.
(2) “Architects and engineers” means a person required to be certified or licensed by either the State Board of Architectural Examiners, State Board of Landscape Architects, State Board of Registration for Professional Engineers and Land Surveyors, or the State Board of Registration for Geologists and Geophysicists, and who possesses a current and valid license or certificate from that body.
(l) Other design professionals. Payment of fees for any work related to the library project performed by other design professionals is an eligible project cost. “Other design professionals” means:
(1) Interior designers employed to design furnishings and equipment, provide floor layouts, write specifications, and otherwise develop contract documents and supervise the bidding of furnishings and equipment for the interiors contract or portion of the general contract for the library construction project;
(2) Construction cost estimators employed to provide project cost estimates;
(3) Asbestos consultants registered by the California Occupational Safety and Health Administration (CAL/OSHA) who are employed to perform asbestos surveys and asbestos abatement contract administration;
(4) Qualified library consultants providing:
(A) public library needs assessments,
(B) public library facility master plans,
(C) public library site studies,
(D) public library building programs, and
(E) public library architectural plans reviews.
(m) Ineligible purposes. Project costs which are ineligible also means, but is not limited to, the following:
(1) Costs associated with construction administration or project management performed by the local public works department of the applicant, or by individuals who are not licensed architects, engineers or other design professionals as specified in Education Code section 19957;
(2) Costs associated with the performance of appraisals;
(3) Costs associated with the performance of an audit;
(4) Costs associated with the acquisition of land by use of a lease or lease-purchase agreement
NOTE
Authority cited: Section 19960, Education Code. Reference: Sections 19957, 19958, 19962, 19963, 19964 and 19967 Education Code.
HISTORY
1. New section filed 10-31-90; operative 10-31-90 (Register 90, No. 50).
Note • History
(a) Resolution certifying the project budge the local funding commitment, supplemental funds and the application
(1) The governing body of the applicant shall certify by resolution the following:
(A) the project budget contained in the application (See section 20418(e) and application form section entitled “Library Project Budget”),
(B) the commitment of local matching funds,
(C) the applicant's ability to finance the supplemental funds necessary to complete the project in a timely manner (See section 20418(d)),
(D) that local matching and supplemental funds will be available when needed to meet the project's cash flow requirements (See section 20418(d)),
(E) the accuracy and truthfulness of all information contained in the application form (See section 20420(e)), and
(F) a commitment to operate the completed facility and provide direct public library service, unless the facility shall be operated by a jurisdiction other than the applicant (See section 20424(a)).
(2) The resolution shall be supported by official action taken at an open meeting of the governing body of the applicant and duly recorded in the minutes of that meeting. The resolution shall be signed by the duly elected head of the jurisdiction and notarized or validated by the affixing of the official seal of the clerk of the jurisdiction. The resolution shall be submitted with the application prior to the State Librarian's deadline for application. An application submitted without the resolution shall be deemed ineligible by the State Librarian.
(3) Private funds from donations, gifts or foundations which are identified as such in the library project budget section of the application form shall be deposited in a fund account under the complete control of the applicant prior to the State Librarian's deadline for applications. An account statement bearing on its face an original signature of the applicant's fiscal officer and a statement certifying the necessary account balance from private sources and the applicant's control over the account, shall be submitted with the application prior to the State Librarian's deadline for applications.
(b) In-kind expenditures or donations. In-kind expenditures or donations of materials, labor, equipment, works of art, articles or services of value of any kind shall not qualify as matching funds, and shall not be counted as eligible project costs.
(c) Land credit.
(1) The State Librarian shall allow credit for all land already acquired by the applicant, which has not been rejected by the State Librarian as a library site, except:
(A) land already owned by the applicant and dedicated to the operation of an existing public library;
(B) land not owned by the applicant, but secured by a lease or lease-purchase agreement.
(2) The credit allowance for land purchased by the applicant prior to three years of the State Librarian's deadline for applications shall be the appraised value of the land for the library project.
(3) The credit allowance for land purchased by the applicant for the library project within three years of the State Librarian's deadline for applications shall be the purchase price paid by the applicant for the land or the appraised value of the land.
(4) No credit allowance shall be made for land which will be purchased by the applicant after the State Librarian's deadline for application (See section 20414(g)(2)(A)).
(5) The credit allowance for land which has been donated to the applicant prior to the State Librarian's deadline for applications shall be the appraised value of the land for the library project.
(6) No credit allowance shall be made for land which will be donated to the applicant after the State Librarian's deadline for application (See section 20414(g)(2)(D)).
(7) No credit allowance shall be made for land which has been acquired through a lease or a lease purchase agreement.
(8) No credit allowance shall be made for land which is already owned by the applicant and dedicated to the operation of an existing public library.
(d) Appraisal.
(1) For the purpose of determining the appraised value of land or a building, a certified appraisal shall be obtained by the applicant and submitted with the application prior to the State Librarian's deadline for applications.
(2) A “certified appraisal” means conformance with the requirements of the Lancaster-Montoya Appraisal Act (Civil Code sections 1922 to 1922.14).
(3) The appraiser performing the certified appraisal shall be a member of the American Institute of Real Estate Appraisers, or the Appraisal Institute and carry the MAI designation, or a member of the Society of Real Estate Appraisers and carry the SREA designation.
(4) The appraiser shall be an independent contractor, and not an employee or agent of the applicant or the seller of the proposed library site.
(5) If the certified appraisal is contested by either the State Librarian or the applicant, one or more additional certified appraisals shall be obtained by the applicant and the difference in the appraisals shall be resolved with a determination of land value made by the Office of Real Estate and Design Services in the Department of General Services for the State of California.
(e) Furnishings credit. Cash expenditures, not to exceed 10 percent of the eligible project costs, for furnishings required to make the facility fully operable may be credited towards the 35 percent matching funds requirement.
(f) Architectural plans credit.
(1) The State Librarian shall give credit for architectural plans and drawings developed solely for the public library project for which application is being made. The plans and drawings shall have been created by an architect or engineer licensed to practice in the State of California. The combined credit and eligible cost for architectural plans and drawings shall not exceed twelve percent of the construction cost of the project.
(2) “Architectural plans and drawings” means, and is limited to, any of the following documents necessary for the design of the public library building:
(A) conceptual plans and drawings,
(B) schematic plans and drawings,
(C) preliminary or design development plans and drawings, and
(D) final working drawings and specifications, commonly referred to as contract documents.
NOTE
Authority cited: Section 19960, Education Code. Reference: Sections 19957, 19961, 19962, 19964 and 19967 Education Code.
HISTORY
1. New section filed 10-31-90; operative 10-31-90 (Register 90, No. 50).
§20418. Normal Public Construction Costs and Excessive Costs.
Note • History
(a) Architect's projected construction cost estimate and conceptual plans.A projected construction cost estimate for a conversion, addition/renovation, remodeling or new project shall be provided by architects and engineers. Conceptual plans shall be submitted justifying the architectural and engineering estimate of the projected construction cost. The normal public construction costs in the applicant's area shall be determined using the methods specified in sections 20418(b)(1)-(4) for remodeling and sections 20418(c)(1)-(7) for new construction.
(b) Normal public construction costs in the applicants area for remodeling.
(1) The normal public construction costs in the applicant's area for the remodeling portion of conversion, addition/renovation or remodeling projects shall be only the eligible construction project costs portion of the projected construction cost estimate provided by architects and engineers. In addition to the projected construction cost estimate, architects and engineers shall also provide the eligible projected construction cost estimate for the remodeling portion of conversion, addition/renovation or remodeling projects.
(2) Remodeling, conversion, and addition/renovation projects shall submit:
(A) An engineering study performed by a licensed engineer which assesses the structural integrity of the existing building; and
(B) An asbestos survey which determines the presence of asbestos containing materials in the building and provides an initial cost estimate for the safe removal or abatement of the materials. The building survey for asbestos containing materials shall be performed by an asbestos consultant registered with the California Occupational Safety and Health Administration (CAL/OSHA); and
(C) For energy conservation projects, an energy audit performed by a licensed engineer shall be submitted; and
(D) For projects which involve rehabilitation for health and safety purposes, the architect shall cite specific sections of State Statutes, State Building Codes and local building codes which demonstrate that the existing building is in need of rehabilitation for health and safety purposes.
(3) For remodeling and conversion projects, an eligible contingency not to exceed twenty percent of the eligible projected construction cost for remodeling may be utilized in the project budget.
(4) For addition/renovation projects, an eligible contingency not to exceed fifteen percent of the eligible projected construction cost of the new construction, and an eligible contingency not to exceed twenty percent of the eligible projected construction cost for remodeling, may be utilized in the project budget.
(c) Normal public construction costs in the applicant's area for new construction.
(1) For new construction, the calculation of the normal public construction cost in the applicant's area shall be based on the current (1991) cost of public library buildings, which shall be $115.20 per square foot. This figure does not include costs for land acquisition, site development, demolition, works of art, shelving and built-in equipment, or movable furnishings and equipment.
(2) The current cost shall be modified utilizing the following “California Locality Adjustment Table by County.” The current cost figure is multiplied by the factor in the adjustment table to obtain the locally adjusted cost of public library buildings.
California Locality Adjustment Table by County
County Multiplier Factor
Alameda 1.35
Alpine 1.20
Amador 1.19
Butte 1.14
Calaveras 1.11
Colusa 1.14
Contra Costa 1.30
Del Norte 1.15
El Dorado 1.20
Fresno 1.19
Glenn 1.14
Humboldt 1.15
Imperial 1.17
Inyo 1.21
Kern 1.17
Kings 1.19
Lake 1.14
Lassen 1.11
Los Angeles 1.27
Madera 1.11
Marin 1.31
Mariposa 1.13
Mendocino 1.14
Merced 1.12
Modoc 1.11
Mono 1.20
Monterey 1.26
Napa 1.22
Nevada 1.18
Orange 1.29
Placer 1.20
Plumas 1.14
Riverside 1.23
Sacramento 1.21
San Benito 1.26
San Bernardino 1.23
San Diego 1.18
San Francisco 1.39
San Joaquin 1.19
San Luis Obispo 1.15
San Mateo 1.33
Santa Barbara 1.25
Santa Clara 1.29
Santa Cruz 1.22
Shasta 1.11
Sierra 1.18
Siskiyou 1.11
Solano 1.23
Sonoma 1.22
Stanislaus 1.11
Sutter 1.13
Tehama 1.11
Trinity 1.11
Tulare 1.13
Tuolumne 1.12
Ventura 1.24
Yolo 1.14
Yuba 1.13
(3) The locally adjusted cost shall then be increased by 1/3 percent per month for each month from the State Librarian's deadline for application until the anticipated date of construction bids for the project. This figure shall be the eligible projected construction cost. This figure, or a lesser amount, shall be utilized as the normal construction cost in the applicant's area unless justification for a higher figure can be made based upon recent local bidding experience.
(4) At the applicant's option, this eligible projected construction cost figure may be increased by averaging the construction contract costs for a minimum of three comparable public construction projects bid within two years of the State Librarian's deadline for application. If three comparable public construction project bids cannot be found within two years of the State Librarian's deadline for application, this locally determined comparable cost approach cannot be utilized by the applicant.
(5) “Comparable public construction projects” shall be post offices, museums, courthouses, city halls, auditoriums, community college and public libraries, senior citizens centers, public schools and recreation centers.
(6) The locally determined comparable cost figure shall be averaged with the eligible projected construction cost to obtain the revised eligible projected construction cost figure, which shall be considered to be the normal public construction cost in the applicant's area.
(7) For projects with new construction, an eligible contingency not to exceed fifteen percent of the eligible projected construction cost may be utilized in the project budget.
(d) Certification of excessive costs. For projects where the projected construction cost exceeds the eligible projected construction cost, the applicant shall provide certification in the form of a resolution demonstrating the capability to finance the supplemental funds necessary to construct the project at the higher cost (See section 20416 (a)). The resolution shall also guarantee that the required local matching and supplemental funds necessary to complete the project at the level stated in the project budget will be made available for the project in a timely manner.
(e) Project budget. The project budget shall include all expenditures for eligible project costs, as well as any other capital outlay expenditures directly related to the library construction project. In addition, the project budget shall show the sources of all funding including state matching, local matching, and local supplemental funding. The project budget, specified in the library project budget section of the application, shall be certified by resolution of the governing body of the applicant (See section 20416. (a)).
NOTE
Authority cited: Section 19960, Education Code. Reference: Sections 19957, 19962, 19963 and 19964 Education Code.
HISTORY
1. New section filed 10-31-90; operative 10-31-90 (Register 90, No. 50).
§20420. Application for Grants.
Note • History
(a) Minimum local matching requirement. To be eligible for state matching funds, the minimum eligible project cost shall be at least $53,846, and the applicant shall provide at least $18,846 in local matching funds and request not less than $35,000 in state matching funds.
(b) Construction bids already advertised. If construction bids have been submitted prior to six months before the State Librarian's deadline for application, and all bids were formally rejected resulting in no contract award, the project may be submitted during the grant application process.
(c) Application forms.
(1) Each applicant may make a preliminary application on the form shown in Appendix I entitled “Pre-application for California Library Construction and Renovation Bond Act Funds.” If an applicant makes a pre-application, the State Librarian shall provide a preliminary evaluation of the proposal and notify the applicant of the competitiveness of the project.
(2) Each applicant shall make a formal application for state funds on the form shown in Appendix 2 entitled “Application for California Library Construction and Renovation Bond Act Funds” and provide a library building program using the outline shown in Appendix 3 entitled “Outline of Requirements for a Library Building Program.”
(d) Deadline for applications and late or incomplete application submissions
(1) The pre-application shall be received by the Bond Act Fiscal Officer, or that officer's designee, at the following location by 3 p.m. on November 21, 1990:
California State Library
Library & Courts Building
Fiscal Services - Room 215
914 Capitol Mall
Sacramento, California 95814-4877
(2) If a pre-application is not received by that time, the State librarian shall not review the pre-application and shall not notify the applicant of the competitiveness of the project, but the applicant may still make application.
(3) Applications for the first funding cycle shall be received by the Bond Act Fiscal Officer, or that officer's designee, at the following location by 3 p.m. on February 15, 1991:
California State Library
Library & Courts Building
Fiscal Services - Room 215
914 Capitol Mall
Sacramento, California 95814-4877
(4) If funds are available after the first funding cycle, applications for the second funding cycle shall be received by the Bond Act Fiscal Officer, or that officer's designee, at the following location by 3 p.m. on July 19, 1991:
California State Library
Library & Courts Building
Fiscal Services - Room 215
914 Capitol Mall
Sacramento, California 95814-4877
(5) If an application, or documents required to support the application, are not received by the State Librarian's deadline for applications for the first funding cycle, the applicant shall not be considered by the State Librarian or board for grant approval during the first funding cycle.
(6) If an application, or documents required to support the application, are not received by the State librarian's deadline for applications for the second funding cycle, the applicant shall not be considered by the State Librarian or board for grant approval during the second funding cycle.
(7) The State Librarian may waive any minor procedural problems or technicalities which occur during the submission of applications.
(e) Certification of the application. The applicant shall certify, by resolution (See section 20416(a)) and by signing the application form, the accuracy and truthfulness of the information provided during the application for state funds.
(f) Corrections in project application information. If due to oversight or clerical error, the information provided by the applicant during the application process proves to be inaccurate, the board, at its discretion, has the authority to make minor adjustments to correct obviously inaccurate information in applications.
(g) Only one pre-application and one application per project.
(1) Only one pre-application for each proposed project shall be submitted by the applicant.
(2) Only one application for each proposed project shall be submitted by the applicant.
(h) Withdrawal of an application. If it is determined by the applicant that a project cannot be built within the scope of the application submitted to the State Librarian and board, the application may be withdrawn by the applicant at any time.
NOTE
Authority cited: Section 19960, Education Code. Reference: Sections 19956, 19957, 19960, 19961, 19962, 19963, 19964, 19965, 19966 and 19967, Education Code.
HISTORY
1. New section filed 10-31-90; operative 10-31-90 (Register 90, No. 50).
2. Editorial correction of subsection (d)(5) (Register 97, No. 24).
§20422. Audits and State Payments.
Note • History
(a) Audit requirements. The State Librarian shall require a final fiscal and program compliance audit of eligible project funds performed by an independent Certified Public Accountant (CPA) utilizing Generally Accepted Accounting Principles (GAAP), to be submitted to the State Librarian by the grant recipient prior to release of the final ten percent of state project funds.
(b) State payments.
(1) The State Librarian shall authorize state grant payments to the grant recipient on a periodic reimbursement basis. Payments shall be made no more frequently than on a monthly basis. Payment requests shall state that the reimbursement request is being made only for eligible project expenditures. Payment requests shall be submitted with an original signature of the grant recipient's fiscal officer, or that officer's designated agent, affixed to an original copy of the payment request.
(2) The final state payment of ten percent shall be made when:
(A) all eligible project funds have been expended;
(B) the grant recipient certifies, by providing a compliance letter from the local building official, that the building has been completed in accordance with the approved plans and specifications, including the installation of bookstacks, funded by state and local matching funds;
(C) the grant recipient shows evidence of having recorded a “Notice of Completion” for which the lien period has expired and for which all outstanding liens have been settled;
(D) the grant recipient shows evidence of the building title having been accepted by the grant recipient;
(E) the grant recipient provides evidence that the State's interest in the building, and the land, if the land is owned by the grant recipient, has been recorded in the title record (See section 20424 (c)); and
(F) the grant recipient submits a final audit which is acceptable to the State Librarian (See section 20422(a)).
NOTE
Authority cited: Sections 19960, Education Code. Reference: Sections 19957, 19958, 19962, 19963, 19965 and 19967 Education Code.
HISTORY
1. New section filed 10-31-90; operative 10-31-90 (Register 90, No. 50).
§20424. Facility Dedicated to Direct Public Library Service.
Note • History
(a) Statement of library jurisdiction's willingness to operate. If the proposed library facility will not be operated by the applicant, a resolution indicating a willingness to operate the facility shall be adopted by the governing body, or its designated officer who has been empowered to act in its behalf that will be operating the facility after its completion. This resolution shall be submitted with the application prior to the State Librarian's deadline for application.
(b) Marketable record title.
(1) “Marketable record title” means that the title to the property shall include both legal and equitable estates, shall be free from unknown encumbrances, and shall be in a condition that an informed and reasonable buyer, exercising reasonable care would and should accept it,
(2) The applicant shall obtain marketable record title to the library site, unless the library site shall be secured through a lease or lease-purchase agreement. When the applicant owns the site, the applicant shall provide the State Librarian with proof that the applicant holds marketable record title to the library site.
(3) If the library site is being secured through a lease or lease-purchase agreement, the applicant shall provide the State Librarian with proof that the lessor holds marketable record title to the library site.
(4) If the applicant has acquired or is acquiring a building for the purpose of converting it into a public library, the applicant shall obtain marketable record title to the building. The applicant shall provide the State Librarian with proof that the applicant holds marketable record title to the building.
(5) Proof of marketable record title shall include a preliminary title report. The preliminary title report shall include, but not be limited to, the following as applicable:
(A) name and addresses of all owners and their respective interests,
(B) a description of the exact property being proposed,
(C) a statement of easements, appurtenances, encumbrances, and all other matters of record that might impact on the use of the property, and
(D) a plat plan or survey showing in detail the location of the property and any easements.
(6) If exceptions to marketable record title are present, the applicant's legal counsel shall submit a written opinion indicating that the exceptions present do not diminish the use of the property for a public library building or in any way diminish or limit the state's interest in the property.
(7) Proof of marketable record title to a building and site, or proof that marketable record title to a building and site can be obtained, shall be submitted with the application prior to the State Librarian's deadline for applications.
(c) State's interest recorded in the title record.
(1) When state grant fund have been provided by the California Library Construction and Renovation Board for acquisition of or credit for land, the grant recipient shall record in the title record the state's interest in the land upon completion of the project.
(2) The title record for land shall specify the state's interest by recording that the land shall be used to provide direct public library service for twenty years following the completion date of the project or the useful life of the library building in place upon it, whichever is longer, as specified in Education Code section 19967.
(3) When state grant funds have been provided by the California Library Construction and Renovation Board for acquisition, construction, or remodeling of a library facility, the grant recipient shall record in thetitle record the state's interest in the facility upon completion of the project.
(4) The title record for the building shall specify the state's interest by recording that the library facility shall be used to provide direct public library service for twenty years following the completion date of the project or the useful life of the building, whichever is longer, as specified in Education Code section 19967.
(d) Value determined by mutual agreement. For purposes of Education Code section 19967, determining the value of the facility and land by mutual agreement shall mean by use of a certified appraisal as called for in section 20416 (d).
NOTE
Authority cited: Section 19960, Education Code. Reference: Sections 19956, 19957, 19962 and 19967 Education Code.
HISTORY
1. New section filed 10-31-90; operative 10-31-90 (Register 90, No. 50).
§20426. Changes in Projects and Withdrawal of a Grant.
Note • History
(a) Changes in a project. Any change in the project made by the gant recipient subsequent to the approval of the project by the board, which significantly changes the project information provided during the application process, shall be approved by the State Librarian. The State Librarian shall have the sole authority to determine if a change is significant. If the State Librarian does not approve the change, the grant recipient may appeal the State Librarian's decision to the board. The decision of the board regarding a change in the project is final and binding.
(b) Withdrawal of a grant. If it is determined by the grant recipient that a project cannot be built within the scope of the approved application, the project may be withdrawn by the grant recipient at any time. The board shall disapprove matching state funds for projects which have been withdrawn by the grant recipient.
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NOTE
Authority cited: Section 19960, Education Code. Reference: Sections 19961, 19965, and 19966 Education Code.
HISTORY
1. New section filed 10-31-90; operative 10-31-90 (Register 90, No. 50).
Chapter 3. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000
Article 1. General Provisions
Note • History
(a) Addition -- a project that increases the floor area of enclosed space of an existing building. “Addition” also means “expansion.”
(b) Addition/remodeling -- a project that combines remodeling with an addition to an existing building.
(c) Administrative costs of the project [Education Code section 19990] -- administrative costs include costs of any services provided by employees of the applicant jurisdiction or its library service provider, excluding professional services as described in section 20432(e) and (f) where such services are required by the applicant jurisdiction to be provided by a Public Works or similar department, or by other departments providing the professional services, and where the costs are directly billed to the construction project.
(d) Applicant -- a local jurisdiction as defined under Education Code section 19988 that is eligible for a grant and that is in the process of making application for California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 funds.
(e) Application Form -- the form entitled “Application Form: California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 Funds” found in section 20440, Appendix 1.
(f) Appraised value -- the value of land, an existing building, or any other improvements as determined by an independent certified appraiser no more than one year prior to the date of the Board's deadline for application. [See section 20436(a) for appraisal requirements.]
(g) Architect -- an architect holding a valid license under California Business and Professions Code, Chapter 3, Division 3, commencing with section 5500.
(h) Assignable square footage -- the usable space within the building assigned to furniture and equipment, excluding any non-assignable space.
(i) Board -- California Public Library Construction and Renovation Board.
(j) Bond Act -- the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 (Education Code sections 19985-20011).
(k) Co-located library -- a library that houses a combined public library and public school library in a single facility, either on or off of school grounds. Library services provided in the facility shall be defined by a cooperative agreement between the public library jurisdiction that will operate the library and one or more public school districts serving any combination of K-12 students. The terms “co-location project” and “co-located library” are used synonymously. If portions of a co-located project are not devoted to the delivery and support of public library direct service, the project shall be considered, in addition, a multipurpose project.
(l) Common areas of a multipurpose building -- areas of a multi-occupant building that are shared by its occupants.
(m) Community Library Needs Assessment -- a written evaluation of the library service needs of an identified public library service area containing the elements specified in section 20440, Appendix 3.
(n) Completion of the public library project -- For the purposes of Bond Act grant projects, the public library project shall be considered complete at Substantial Completion.
(o) Construction manager -- an individual who has had responsibility for construction management for five or more construction projects in excess of $1,000,000 each, within the 10 years prior to the Board's application deadline.
(p) Conversion -- remodeling an existing building that is not currently used for public library purposes to make it a public library.
(q) Construction cost estimator -- an individual who has had responsibility for five or more construction project cost estimates in excess of $1,000,000 each, within the 10 years prior to the Board's application deadline.
(r) Cooperative agreement -- a written legal agreement containing the elements specified in section 20440 , Appendix 2.
(s) DSA -- Division of the State Architect, Department of General Services, State of California.
(t) Electronic technologies -- any electronic device or network that processes or provides access to data or information.
(u) Eligible project costs -- reimbursable costs authorized in Education Code sections 19989 and 19995(b) as made specific in these regulations.
(v) Eligible projected construction cost:
(1) For new construction -- construction contract costs for a public library or joint use library facility derived by calculating the normal public construction costs in the applicant's area as specified in section 20436(c).
(2) For conversion, remodeling, and addition/remodeling -- construction costs related to all aspects of remodeling, rehabilitating, or renovating an existing public library facility owned by the applicant; or construction costs related to the conversion of a building into a public library, as specified in section 20436(d).
(w) Engineer -- an engineer holding a valid license under California Business and Professions Code, Chapter 7, Division 3, commencing with section 6700, in that branch of engineering that is applicable.
(x) Existing public library -- a facility operated to provide public library direct service, either owned or leased, if the lease has a total duration of not less than 20 years.
(y) Existing public school library -- a facility operated to provide library service to students in a public school, either owned or leased, if the lease has a total duration of not less than 20 years.
(z) Fenestration -- the arrangement, proportioning, and design of exterior and interior windows, clerestories, skylights, window walls, and doors in a building.
(aa) Field Act -- Education Code sections 17281, 17365, and 81130.
(bb) Gross square footage -- the entire area of the building interior including the exterior wall thickness. The total of the assignable square footage and the non-assignable square footage equals the gross square footage. Whenever the terms or abbreviations “square footage,” “square feet,” “SQ FT,” or “SF” are used in the Bond Act regulations or appendices without the modifiers “assignable” or “non-assignable,” then the terms or abbreviations mean “gross square footage” or “gross square feet.”
(cc) Inadequate infrastructure -- incoming telecommunication connection to a public school building equal to or less than 512 thousand bits per second (512K bps).
(dd) Joint use project -- a public library project that is either a co-located library or a joint venture project.
(ee) Joint venture project -- a project to construct a public library facility that jointly serves both public library users and any combination of K-12 students as defined by a cooperative agreement between a public library jurisdiction and one or more public school districts. Joint venture library services are defined in section 20434(a)(1)(B).
(ff) K-12 -- kindergarten through grade 12.
(gg) Library building program -- the planning document that describes the space requirements and all other general building considerations required for the design of a public library building, as specified in section 20440, Appendix 5.
(hh) Library consultant -- a qualified library consultant who meets all of the following criteria:
(1) Possesses a Master of Library Science or equivalent 5th year degree in library science.
(2) Has been a consultant for at least five different library projects within the last 10 years for the development of at least one of the following:
(A) Library needs assessment.
(B) Library plan of service.
(C) Library facility master plan.
(D) Library site study.
(E) Library building program.
(F) Library architectural plans review.
(3) Has provided the services in (2) above as an independent contractor or as the employee of an organization involved with the administration of public libraries.
(ii) Library facilities master plan -- a jurisdiction-wide plan detailing the anticipated need for new and/or remodeled public library facilities for a specified period of time.
(jj) Local matching funds -- 35% of the total eligible project costs submitted in the Library Project Budget in the Application Form, which the applicant is responsible for obtaining from sources other than the Bond Act.
(kk) Mid-point of construction -- the calendar date that falls half-way between the start of construction and Substantial Completion of the project.
(ll) Multipurpose building -- a multi-occupant facility, part of which is a public library and part of which is used for other purposes. [See also the definition (k), Co-located library].
(mm) New construction -- new building square footage for one or more of the following:
(1) A totally new library building.
(2) An addition to an existing public library building owned by the applicant.
(3) An addition to an existing building that is being converted to a public library building.
(nn) New public library -- any of the following:
(1) The construction of a new public library building.
(2) The acquisition of a building that is not currently a public library and remodeling it to become a public library.
(3) A replacement facility for an existing public library, whether on the same site or a new site.
(oo) Non-assignable space -- utility areas of a building required for the function of the building, including stairways; elevators; corridors and interior walkways; public lobbies; restrooms; duct shafts; mechanical rooms; electrical closets; telecommunications closets for voice, data, electrical, security, and fire systems; janitor's closets; fireplaces; interior and exterior wall thickness; and exterior amenities that are part of the building but not enclosed, such as loading docks and covered patios, porches, and walkways.
(pp) Project -- a remodeling, remodeling with addition, or new construction project for purposes authorized under Education Code section 19989.
(qq) Project manager -- an individual who has had responsibility for project management of five or more construction projects in excess of $1,000,000 each, within the 10 years prior to the Board's application deadline.
(rr) Projected construction cost -- the construction cost of the library project as estimated by an architect, engineer, or construction cost estimator.
(ss) Public library portion of a building or site -- the portion of the building or site dedicated to the delivery and support of public library direct services plus the pro rata share of common areas attributable to the delivery and support of public library direct services.
(tt) Readers' seats -- all seating in the library available for the public of all ages to use while reading print materials (i.e., lounge seating, benches, floor cushions, seating at tables, carrels, and study counters). Readers' seats do not include technology workstations.
(uu) Remodeling -- any form of renovation or rehabilitation of an existing facility. The following terms are used synonymously: remodeling, renovation, and rehabilitation.
(vv) State matching funds -- 65% of the total eligible project costs submitted in the Library Project Budget in the Application Form.
(ww) Substantial Completion -- the date on which the owner and contractor agree that the construction contract is sufficiently complete to permit the owner to take possession of the facility.
(xx) Supplemental funds -- local funds required to cover ineligible project costs that are directly related to the construction project.
(yy) Technology workstations -- workstations in the library (e.g. tables, carrels, counters, office systems) available for the public of all ages to use while operating any kind of library-provided electronic or audiovisual technology (i.e., personal computers, computer terminals, on-line public access computers (OPAC), audio and video units, ADA adaptive technology, and microform readers).
NOTE
Authority cited: Section 19992, Education Code. Reference: Sections 19989, 19994, 19995 and 19996, Education Code.
HISTORY
1. New chapter 3 (articles 1-2, sections 20430-20444), article 1 (section 20430) and section filed 12-5-2001; operative 1-4-2002 (Register 2001, No. 49).
Article 2. California Library Construction and Renovation Program
Note • History
(a) Acquisition of an existing or prefabricated building
A local jurisdiction may acquire, through purchase or donation, an existing building or a prefabricated building for the purpose of converting it to a public library.
(b) Multipurpose building
A local jurisdiction may acquire space in a multipurpose building for use as a public library.
(c) Allowable site use
A local jurisdiction may build a public library facility on land that has been:
(1) Purchased.
(2) Donated.
(3) Leased.
(4) Secured by a lease-purchase agreement.
(d) Site development and demolition costs
Site development and demolition costs are eligible if they are:
(1) Necessary and directly related to the construction of the public library.
(2) Within the legal boundaries of the public library project site.
(3) No more than 100 feet beyond the legal boundaries of the site and are required to tie-in the public library site with existing utilities and roads. Such work shall be limited to:
(A) Utilities.
(B) Paving.
(C) Sidewalks, curbs, and gutters.
(D) Landscaping and irrigation.
(E) Traffic signals.
(e) Architectural and engineering services
(1) Payment of fees for any work related to the public library construction project performed by architects and engineers are eligible project costs provided they are cash expenditures made not earlier than three years prior to the submission of the grant application, as specified in Education Code section 19995(b).
(2) Matching funds credit for architectural plans and drawings.
(A) The cost of architectural plans and drawings developed solely for the public library project for which the application is being made, regardless of when their cost was incurred, may be credited toward the matching funds requirement.
(B) “Architectural plans and drawings” means, and is limited to, the following documents created by an architect or engineer that are necessary for the design of the proposed public library building:
1. Conceptual plans and drawings.
2. Schematic plans and drawings.
3. Design development plans and drawings (also referred to as preliminary plans and drawings).
4. Construction documents and specifications (also referred to as final working drawings and specifications).
(f) Other professionals
Fees for work related to the public library construction project performed by the following professionals are eligible project costs:
(1) Americans with Disabilities Act (ADA) consultants
(2) Attorneys
(3) Audio-visual consultants
(4) Building security systems consultants
(5) Certified Public Accountants
(6) Construction managers
(7) Hazardous materials consultants -- Registered Environmental Assessors registered by the California Environmental Protection Agency, Office of Environmental Health Hazard Assessment, and asbestos consultants registered by the California Occupational Safety and Health Administration, who are employed to perform hazardous materials surveys and related abatement contract administration.
(8) Historical consultants required to assess the historical significance of an existing building.
(9) Interior designers employed to:
(A) Design furnishings and equipment.
(B) Provide furnishings floor plans and layouts.
(C) Write specifications.
(D) Otherwise develop bid documents and supervise the bidding and installation of furnishings and equipment for the interiors contract or portion of the general contract for the public library construction project.
(10) Independent construction cost estimators employed to provide project cost estimates
(11) Land surveyors
(12) Library Consultants providing or assisting in the preparation of:
(A) Library needs assessments.
(B) Library plans of service.
(C) Library facility master plans.
(D) Library site studies.
(E) Library building programs.
(F) Library architectural plans reviews.
(13) Lighting consultants
(14) Project managers
(15) Real estate appraisers
(16) Scientists required for CEQA compliance
(17) Signage consultants
(18) Technology planning consultants
(19) Telecommunication consultants
(20) Traffic engineering consultants
(g) Remodeling existing public library facilities owned by the applicant jurisdiction
(1) As required by Education Code 19989 (c), all projects to remodel existing public library facilities shall include “necessary upgrading of electrical and telecommunications systems to accommodate Internet and similar computer technology.”
(2) These improvements are defined as enhancements to the electrical and data systems that provide:
(A) Dedicated circuits for all computers and their peripherals.
(B) Copper, fiber optic, or wireless data connections with a minimum of Category 5 data cabling. Category 5 cable is data communications twisted pair cable appropriate for transmission of signals up to 100 Mb/second.
(h) Ineligible project costs
Ineligible project costs include but are not limited to the following:
(1) Costs for services related to the administration of the public library construction project that are performed by employees of the applicant or the library service provider are ineligible. An exception shall be made for professional services described in section 20432(e) and (f) where such services are required by the applicant jurisdiction to be provided by a Public Works or similar department, or by other departments providing the professional services, and where costs for the services are directly billed to the construction project.
(2) Lease or lease-purchase payments or the value of land secured through a lease or lease-purchase agreement.
(3) The costs associated with portions of a project that will not be used for the delivery and support of public library direct services are not eligible project costs.
(4) In-kind expenditures and services or donations of materials, labor, furniture, equipment, or articles of any kind shall not qualify as matching funds and shall not be counted as eligible project costs.
(5) The value of land owned by the applicant that is already dedicated to the operation of an existing public library.
NOTE
Authority cited: Section 19992, Education Code. Reference: Sections 19987, 19989, 19990, 19995 and 19996, Education Code.
HISTORY
1. New article 2 (sections 20432-20444) and section filed 12-5-2001; operative 1-4-2002 (Register 2001, No. 49).
Note • History
(a) New public library project priorities
(1) First priority for new public library facilities: joint use projects
As specified in Education Code section 19994(a)(1), first priority for new public libraries shall be given to joint use projects in which the agency that operates the library and one or more school districts have a cooperative agreement. [See sections 20440(d)(1) and Appendix 2 for information about Cooperative Agreements.]
Joint use projects shall be one of two types:
(A) Co-located library [See “Co-located library” definition in section 20430(k)]
(B) Joint venture projects [See “Joint venture project” definition in section 20430(ee)]
Joint venture projects shall provide one or more of the following services:
1. Computer center
A computer center houses computer systems with electronic resources or other educational technologies to assist with any combination of K-12 student learning activities. Services shall include one or more of the following:
a. A range of computer literacy classes covering introductory to advanced skill levels.
b. Access to the computer resources, including the Internet, for both public and student clienteles.
c. Computer literacy activities for students and their families or caregivers.
d. Distance learning equipment and staff to enable online instruction and other forms of educational interaction with distant communities, individuals, or institutions.
2. Family literacy center
A family literacy center houses materials and space for tutoring and instructional activities to improve the ability of K-12 students and their parents or caregivers to read and write English and to develop lifelong learning skills. Activities shall include one or more of the following:
a. One-to-one tutoring, either personal or online.
b. Small group instruction.
c. Reading and writing instruction.
d. Computers with software to improve reading and writing skills.
e. Literacy programming for students and their families or caregivers.
f. After-school literacy programming for students.
3. Homework center
A homework center houses space to provide materials and formal support to assist K-12 students with homework and/or study assignments. Support shall focus on the needs of students including either general assistance in reading, writing, science, language, math skills, and study skills, or individual student assignment assistance, or both. Services shall include one or more of the following:
a. Specialized print and electronic resource collections responsive to curriculum needs, including designated computer time for student homework needs.
b. Peer and/or adult assistance, either paid or volunteer.
c. Instruction in research and study skills.
d. Provision of appropriate support tools such as bibliographies, listing of web sites, and pathfinders.
e. After-school computer or language literacy activities.
f. Temporary reserve or limited circulation collections in response to teacher requests.
4. Career center
A career center houses space to provide job, career, and college education information to assist K-12 students in assessing and pursuing vocational and career choices. Information formats shall include any combination of print, electronic, and audiovisual resources. Service shall include one or more of the following:
a. Resources providing information on various careers and vocations, future opportunities, and the necessary associated job skills and/or education.
b. Career counseling assistance, either paid or volunteer.
c. Information on available training programs and available jobs.
d. Résumé assistance, online job posting, and interview training.
e. College-preparation programs, including scholarship information, college application assistance, college entrance exam preparation, and college essay and résumé preparation.
5. Shared electronic and telecommunication library services
Shared library electronic and telecommunication services provide for the sharing of electronic equipment and resources that complement the curriculum of K-12 students. Services shall include one or more of the following:
a. Wide-area network between the public library and public school(s).
b. Collaborative electronic resource database licenses and related training.
c. Collaborative catalog access and shared circulation systems and related training.
6. Subject specialty learning centers
Subject specialty learning centers house a comprehensive, in-depth collection of resources and learning activities on a specific subject area that complements the curriculum of the school district that is a part of the joint use cooperative agreement.
7. Other library services
Other similar collaborative library services that directly benefit K-12 students.
(2) Second priority for new public library facilities: all others
As specified in Education Code section 19994(a)(2), all other new public library projects shall be given second priority.
(b) Priorities for remodeling existing public library facilities owned by the applicant jurisdiction
(1) Remodeling first priority
As specified in Education Code section 19994(b)(1), to be considered for first priority funding, a project to remodel an existing public library building owned by the applicant jurisdiction shall be within the attendance area of a public elementary, middle, or high school that, at the time of application, is identified as having inadequate infrastructure to support access to computers and other educational technology.
(A) If the project is located in the attendance area of more than one public school, the applicant may select any one of the schools with inadequate infrastructure.
(B) The applicant shall submit with the Application Form:
1. A letter from the public school district superintendent verifying that at the time of the Board's application deadline:
a. The project site is located within the attendance area of the identified public school.
b. None of the public school buildings at the identified public school has an incoming telecommunication connection greater than 512 thousand bits per second (512K bps).
2. A copy of the public school attendance area map showing that the public library project site is within the attendance area.
(2) Remodeling second priority
As specified in Education Code section 19994(b)(2), second priority shall be given to all other remodeling projects for existing public library facilities owned by library jurisdictions.
NOTE
Authority cited: Sections 19992 and 19994, Education Code. Reference: Sections 19991, 19993, 19994 and 19999, Education Code.
HISTORY
1. New section filed 12-5-2001; operative 1-4-2002 (Register 2001, No. 49).
§20436. Determining Project Costs.
Note • History
(a) Determining the value of land and buildings
(1) Land and buildings purchased by or donated to the applicant
(A) The eligible project cost for land and buildings acquired by the applicant, whether purchased or donated, shall be the appraised value as determined by a certified appraiser no more than one year prior to the date of the Board's deadline for application.
(B) When an existing building is purchased for conversion and will be a multipurpose building, the applicant shall provide an appraisal of only the public library portion of the building and site. [See definition: section 20430(ss)]
(2) Appraisals of land and buildings
(A) An appraisal is only required if the value of the land or building will be claimed as an eligible project cost or a local matching fund credit.
(B) Appraisals of land and buildings to determine the best and highest use of the property shall be in conformance with the requirements of the Real Estate Appraiser's Licensing and Certification Law (Business and Professions Code sections 22300, et seq.).
(C) Appraisals shall be performed by an appraiser who:
1. Has a State Certified General Real Estate Appraiser's License.
2. Is an independent appraiser, not an employee of the applicant, the applicant's library service provider, or the seller of the proposed public library site.
(3) Contested appraisals
If the appraisal is contested by the State Librarian or the applicant, one or more additional certified appraisals shall be obtained by the applicant. The difference in the appraisals shall be resolved by a determination of land value made by the California Department of General Services, Real Estate Division.
(b) Construction cost estimate
All applicants shall submit with the Application Form a projected construction cost estimate that is based on the conceptual plans and that has been prepared by an architect, engineer, or a construction cost estimator.
The estimate shall be organized in one of the following formats, or in a similar estimating format, at the applicant's option.
(1) Format 1 [Construction Specification Institute (C.S.I.) Masterformat Divisions]
(A) General Requirements.
(B) Site Work.
(C) Concrete.
(D) Masonry.
(E) Metals.
(F) Wood and Plastics.
(G) Thermal and Moisture Protection.
(H) Doors and Windows.
(I) Finishes.
(J) Specialties.
(K) Equipment.
(L) Furnishings.
(M) Special Conditions.
(N) Conveying Systems.
(O) Mechanical.
(P) Electrical.
(2) Format 2 [R. S. Means Assemblies Cost Data Manual]
(A) Foundations.
(B) Substructures.
(C) Superstructures.
(D) Exterior Closure.
(E) Roofing.
(F) Interior Construction.
(G) Conveying.
(H) Mechanical.
(I) Electrical.
(J) General Conditions.
(K) Special.
(L) Site Work.
(c) Determining normal public construction costs for new construction
The normal public construction cost in the applicant's area for new construction, both new facilities and square footage for an addition, shall be based on the January 2002 cost per square foot figures for public library buildings, as determined by Marshall Valuation Service in Special Studies: Library Buildings. The cost per square foot for new facilities is $202, and the cost per square foot for square footage added to an existing building is $238. These figures do not include costs for land acquisition; site development, demolition, utilities, or landscaping; surface and under-building parking; works of art; shelving; furniture; built-in service desks, counters, workstations, or other casework; movable equipment; or architectural and engineering fees.
(1) Locality adjustment
The current cost shall be modified utilizing the following “California Locality Adjustment Table by County.” The current cost figure is multiplied by the factor in the adjustment table to obtain the locally adjusted cost of public library buildings.
California Locality Adjustment Table by County
County Multiplier Factor
Alameda 1.15
Alpine .98
Amador .98
Butte .94
Calaveras .92
Colusa .96
Contra Costa 1.14
Del Norte 1.05
El Dorado 1.04
Fresno .98
Glenn .96
Humbolt 1.05
Imperial .97
Inyo 1.03
Kern .97
Kings .92
Lake .98
Lassen .98
Los Angeles 1.01
Madera .91
Marin 1.13
Mariposa .93
Mendocino .92
Merced .91
Modoc .98
Mono 1.02
Monterey 1.07
Napa 1.05
Nevada 1.00
Orange 1.01
Placer 1.01
Plumas .97
San Bernardino 1.00
San Diego .97
San Francisco 1.20
San Joaquin .97
San Luis Obispo .97
San Mateo 1.14
Santa Barbara 1.00
Santa Clara 1.17
Santa Cruz 1.05
Shasta .98
Sierra .97
Siskiyou .98
Solano 1.07
Sonoma 1.04
Stanislaus .93
Sutter .93
Tehama .98
Trinity 1.02
Tulare .92
Tuolumne .93
Ventura .99
Yolo .94
Yuba .93
(2) Inflation adjustment
(A) The locally adjusted cost may then be increased by 1/5 percent per month for each month from January 1, 2002, through the estimated mid-point of construction of the project.
(B) This figure shall be the eligible projected construction cost. This figure, or a lesser amount, shall be utilized as the normal public construction cost in the applicant's area unless justification for a higher figure can be made based upon recent local bidding experience.
(3) Optional method
(A) At the applicant's option, the locally adjusted cost figure may be replaced by averaging the construction contract cost per square foot for a minimum of three comparable public construction projects bid in the applicant's county within three years of the Board's deadline for application.
(B) If three comparable public construction project bids cannot be found in the applicant's county within three years of the Board's deadline for application, this locally determined comparable cost approach cannot be utilized by the applicant.
(C) Comparable public construction projects are:
1. Public libraries.
2. Community colleges.
3. Post offices.
4. Museums.
5. Courthouses.
6. City halls.
7. Auditoriums.
8. Convention centers.
9. Civic centers.
10. Senior citizen centers.
11. Public schools.
12. Recreation centers.
(4) Contingency for new construction
For projects with new construction an eligible contingency not to exceed 10% of the eligible projected construction cost may be utilized for any eligible cost in the project budget.
(5) Costs in excess of normal public construction cost
For projects where the projected construction cost exceeds the eligible projected construction cost, the applicant shall provide 100% of the supplemental funds necessary to construct the project at the higher cost.
(d) Normal public construction costs in the applicant's area for remodeling
(1) For remodeling projects, and for the remodeling portions of conversion and addition/remodeling projects, the normal public construction cost in the applicant's area is the eligible projected construction cost estimated by an architect, engineer, or construction cost estimator.
(2) For remodeling projects, and for the remodeling portion of conversion and addition/remodeling projects, a contingency of not more than 15% of the projected cost for remodeling may be utilized in the project.
(3) For addition/remodeling projects, and for the remodeling portion of conversion and addition/remodeling projects, an eligible contingency not to exceed 10% of the eligible projected construction cost of the new construction and an eligible contingency not to exceed 15% of the eligible projected construction cost for remodeling, may be utilized for any eligible cost in the project budget.
(e) Project budget
The project budget found in the Application Form [see section 20440, Appendix 1] shall include both eligible and ineligible project costs directly related to the public library construction project.
The project budget shall also include the following sources of project revenue:
(1) Amount of State matching funds.
(2) Amounts and sources of all local matching funds.
(3) Amounts and sources of all local supplemental funds.
(f) Calculating the eligible project costs for multipurpose projects
For each budget line item in the project budget on the Application Form, applicants shall calculate the eligible project costs as follows:
(1) Public library direct services areas eligible costs
The applicant shall determine the eligible project costs for those areas that are dedicated to the delivery and support of public library direct services.
(2) Common areas eligible costs
For a multipurpose project, applicants shall determine the eligible cost of the common areas by calculating the public library's pro rata share of those costs.
(3) Multipurpose project cost analysis
An applicant proposing a multipurpose building project shall submit a cost analysis that has been prepared by an architect or construction cost estimator. The cost analysis shall compare the multipurpose project as a whole to the public library portion of the project, justifying the cost figures in the Multipurpose Project Budget section of the Application Form.
(g) Projected Library Operating Budget
Applicants shall provide on the Application Form a library operating budget that projects:
(1) The initial library start-up expenses.
(2) Annual operating expenses for the library.
NOTE
Authority cited: Section 19992, Education Code. Reference: Sections 19989, 19990, 19993, 19995 and 19996, Education Code.
HISTORY
1. New section filed 12-5-2001; operative 1-4-2002 (Register 2001, No. 49).
§20438. Site and Title Requirements.
Note • History
(a) California Environmental Quality Act (CEQA)
(1) The applicant, as lead agency, shall submit with the Application Form, evidence that the environmental impact documentation (EID) required by CEQA has been fully completed. [See Public Resources Code sections 21000-21177 and California Code of Regulations, Title 14, sections 15000-15387.]
(2) This evidence shall consist of one of the following:
(A) No adverse environmental impact
1. Determining applicability of CEQA for the project
If the applicant has determined that there is no possibility the project will result in an adverse environmental impact, or that the project qualifies for a specific statutory or categorical exemption, and therefore is not subject to the provisions of CEQA, provide an explanation and appropriate legal citations.
2. Categorical exemption
If an exemption is claimed for the project, the applicant shall also submit the following:
a. A statement of the basis for the claim.
b. A copy of the Notice of Exemption.
(B) Negative declaration
If a negative declaration was adopted for the project, applicants shall provide a final copy of the negative declaration, as well as a conformed (stamped by the County Clerk) copy of the Notice of Determination which has been signed by the lead agency and filed with the County Clerk with the Application Form.
(C) Environmental Impact Report
If the project was the subject of an Environmental Impact Report (EIR), applicants shall provide a final copy of the EIR and a conformed (stamped by the County Clerk) copy of the Notice of Determination which has been signed by the lead agency and filed with the County Clerk with the Application Form. Applicants shall also provide a copy of the adopted statement of overriding considerations.
(3) State Clearinghouse review
Before adopting a Negative Declaration or an Environmental Impact Report, the applicant shall submit the draft environmental documents to the State Clearinghouse at the following address:
STATE CLEARINGHOUSE
OFFICE OF PLANNING AND RESEARCH
P.O. BOX 3044
SACRAMENTO, CA 95812-3044
The applicant shall take into consideration timely comments made by State agencies on the project before adopting final environmental documents and approving the project. The applicant shall provide either the compliance letter or the comments from State agencies provided by the State Clearinghouse with the Application Form. After project approval a Notice of Determination shall be filed with the County Clerk before it is submitted with the Application Form.
(b) Marketable record title
“Marketable record title” means that the title to the property shall include both legal and equitable estates, be free of unknown encumbrances, and be in a condition that an informed and reasonable buyer, exercising reasonable care, would and should accept it.
(c) Obtaining marketable record title
(1) Site is owned or will be owned by the applicant:
(A) The applicant shall submit proof of current marketable record title to the public library site.
(B) Applicants with multipurpose buildings shall submit proof of current marketable record title only for those portions of the multipurpose project site for which Bond Act funds will be expended.
(C) Even though the applicant does not own the property at the time the application is submitted, the applicant shall submit proof of current marketable record title.
(2) Lease and lease-purchase agreements
If the public library site will be secured through a lease or lease-purchase agreement, the applicant shall provide the State Librarian with proof that the lessor holds marketable record title to the public library site and shall comply with the requirements of section 20440, Appendix 6, item 1. c.
(3) Acquisition of a building
If the applicant acquired or will acquire a building for the purpose of converting it into a public library, the applicant shall obtain marketable record title to the building.
(4) Preliminary title report required
Proof of current marketable record title shall be submitted with the Application Form, section 20440, Appendix 1. The proof of marketable record title shall include a preliminary title report which shall include, but not be limited to, the following, as applicable.
(A) Names and addresses of all owners and their respective interests.
(B) A description of the exact property being proposed.
(C) A statement of easements, appurtenances, encumbrances, and all other matters of record that might impact the use of the property.
(D) A plat plan or survey showing in detail the location of the property and any easements.
(5) Title exceptions
If there are exceptions to the marketable record title, the applicant's legal counsel shall prepare a written opinion indicating that the exceptions present do not diminish the use of the property for a public library building or in any way diminish or limit the State's interest in the property.
(d) State's interest recorded in the title record
(1) State's interest in the land
(A) State's interest in the land required
When State grant funds have been provided by the Board for acquisition of or credit for land, upon completion of the project the grant recipient shall record the State's interest in the land in the title record.
(B) Statement to be added to land title
The title record for land shall specify the State's interest by recording that the land shall be used to provide public library direct service for 40 years following the completion date of the project, as specified in Education Code section 19999.
(2) State's interest in the public library building
(A) State's interest in the building required
When Bond Act funds have been provided for acquisition, construction, or remodeling of a public library facility, upon completion of the project the grant recipient shall record the State's interest in the facility in the title record.
(B) Statement to be added to the building title
The title record for the building shall specify the State's interest by recording that the public library facility shall be used to provide public library direct service for 40 years following the completion date of the project, as specified in Education Code section 19999.
NOTE
Authority cited: Section 19992, Education Code. Reference: Sections 19989 and 19999, Education Code.
HISTORY
1. New section filed 12-5-2001; operative 1-4-2002 (Register 2001, No. 49).
2. Change without regulatory effect redesignating former subsection (a)(2)(D) as subsection (a)(3) and amending subsections (c)(1)(A)-(C) and (c)(4) filed 3-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 12).
§20440. Grant Application Requirements.
Note • History
(a) Application for Bond Act grant funds
(1) For each application cycle, applicants shall submit:
(A) A completed Application Form found in section 20440, Appendix 1, and six additional copies of the form.
(B) One copy of each supporting document.
(2) Applications submitted for each cycle, including supporting documents, are the property of the California State Library.
(3) Applications shall be submitted by the application deadlines and sent to the mailing address specified in section 20442.
(b) Supporting documentation instructions
(1) All supporting documentation shall be submitted with the Application Form.
(2) Supporting documentation is required for all applications unless otherwise noted in the Bond Act regulations.
(3) If an Executive Summary is specified in a required document, it shall be no longer than two single-spaced typed pages. Limit type size to no smaller than 11 point if using a computer, or 12 pitch (elite) if using a typewriter.
(c) Supporting document submittals: site and building
(1) Boundary survey
(A) All applicants, except those with multipurpose projects, shall provide a boundary survey showing the metes and bounds of the proposed library site.
(B) Applicants with multipurpose buildings shall provide a boundary survey for the entire multipurpose project site.
(C) The survey shall be stamped and signed by a licensed land surveyor.
(2) Geotechnical report
Applicants with new construction or additions to existing public libraries or buildings to be converted to public libraries shall provide a copy of a geotechnical report performed by a licensed engineer.
(3) CEQA documentation [See section 20438(a)]
(4) Visual record of the existing library
(A) Applicants who have existing public library buildings that will be replaced or improved shall provide photographs and/or video of the existing public library building as support documentation concerning the age and condition of the building. If a new library building will replace more than one existing library, applicants shall provide photographs and/or video of each library being replaced.
(B) An applicant proposing a co-located joint use project in partnership with a public school that has an existing library shall also provide photographs and/or video of each school library that will be replaced or improved.
(C) All photographs and videos shall be labeled with the name of the applicant and the project name.
(5) Map and visual record of the site
Applicants with new construction or additions to existing public libraries or buildings to be converted to public libraries shall provide photographs and/or video of the site and surrounding area as follows:
(A) Visual record
1. Show views facing toward the site from a minimum of two vantage points from outside the site, one of which shall be the building front entrance.
2. Show at least one view from each of the following directions from the vantage point of the middle of the site, facing out: north, south, east, and west.
3. All photographs and videos shall be labeled with the name of the applicant and the project name.
(B) Map showing the site
Provide one or more maps showing the location of the proposed library site in the community showing the following:
1. The service area of the proposed project,
2. All major thoroughfares,
3. All public K-12 schools and,
4. All major retail business centers.
(6) Preliminary title report [See section 20438(c)(4)]
(7) Legal opinion regarding title exceptions [See section 20438(c)(5)]
(8) Site ownership, option to purchase, or possession of lease
(A) If a site is owned by the applicant at the time of application, the applicant shall submit verification of ownership.
(B) If the library site is not owned by the applicant at the time of application, the applicant shall submit one of the following with the Application Form:
1. For a site that will be purchased, a copy of a legally executed option to purchase agreement for the site.
2. For a site that will be donated, a copy of a legally binding agreement to donate the site.
3. For a site that will be secured through a lease or lease-purchase agreement, a legally executed lease or lease-purchase agreement for the site that is in compliance with the conditions of section 20440, Appendix 6, and which may contain a provision making the lease agreement or lease-purchase agreement contingent upon funding of the project by the Board.
(9) Building ownership (conversion projects)
(A) If a building is owned by the applicant at the time of application, the applicant shall submit verification of ownership.
(B) If a building to be converted into a public library is not owned by the applicant at the time of application, the applicant shall submit a copy of a legally executed option to purchase agreement for the building.
(C) In the case of a building that will be donated, the applicant shall submit a copy of a legally binding agreement to donate the building.
(10) Verification of property value
Completed property appraisals shall be submitted with the Application Form. [See section 20436(a).]
(11) Parking shared use agreement (if applicable) [See Application Form, Library Automobile Parking section]
(12) Required studies for remodeling, conversion, and addition-remodeling projects only
Applicants for remodeling, conversion, and addition-renovation projects shall submit the following with the Application Form:
(A) Structural study -- A licensed engineer's study that assesses the structural integrity of the existing building.
(B) Hazardous materials -- A hazardous materials survey that determines the presence of hazardous materials in the building and provides an initial cost estimate for the safe removal or abatement of the materials. The building survey for hazardous materials shall be performed by a hazardous materials consultant as defined in section 20432(f)(7).
(C) Energy audit -- a study performed by a licensed engineer that assesses the existing facility's energy efficiency and makes specific recommendations regarding how the facility can be made more energy efficient.
(D) ADA study -- a study performed by an ADA consultant that assesses the existing facility's limitations for its use by individuals with disabilities and makes specific recommendations regarding how the facility can be made physically accessible.
(E) Project feasibility study -- performed by architects and engineers to determine the feasibility of utilizing a specific building for the proposed public library project.
(13) First priority remodeling projects only: letter from the public school district superintendent [See section 20434(b)(1)(B)1.]
(14) First priority remodeling projects only: public school attendance area map [See section 20434(b)(1)(B)2.]
(d) Supporting document submittals: planning
For the required supporting documents defined in Appendices 3-5, all components and elements listed in the Appendices are required, but need not be in the specific order listed in the Appendices and may appear in any of the planning documents.
(1) Joint use projects only: cooperative agreement
Along with the grant Application Form for a joint use project, all applicants for joint use project funding shall submit a copy of the cooperative agreement between the public library jurisdiction and the public school district(s) that shall include the elements listed in section 20440, Appendix 2.
(2) Community Library Needs Assessment
(A) All applicants shall submit a copy of a Community Library Needs Assessment that demonstrates the need for the specific project and describes its relationship to the overall public library jurisdiction.
(B) Joint use project applicants shall develop the Community Library Needs Assessment as a collaborative effort between both the public library and the public school district(s) and shall also consider and respond to the needs of both public library and school library clienteles.
(C) The Community Library Needs Assessment shall have been completed or revised within five years of the application deadline.
(D) Community Library Needs Assessment components
The Community Library Needs Assessment shall include, but not be limited to, the elements listed in section 20440, Appendix 3.
(3) Library Plan of Service
(A) Applicants shall submit a Library Plan of Service that describes how the needs of the residents in the library service area, as identified in the Community Library Needs Assessment, will be met by the proposed project.
(B) The Library Plan of Service shall include the elements listed in section 20440, Appendix 4.
(4) Library Building Program
(A) Applicants shall submit a Library Building Program that demonstrates how the Library Plan of Service will be implemented in the project.
(B) The Library Building Program shall contain the components listed in section 20440, Appendix 5.
(5) Conceptual plans submittal
(A) All applicants shall submit conceptual plans on paper not less than 24”x36” prepared by an architect justifying the architectural and engineering projected construction cost estimate. The plans shall be submitted with the Application Form prior to the Board's application deadline.
(B) Applicants with multipurpose projects shall submit the required conceptual plans for both the total multipurpose project, as well as the library portion of the project.
(C) The conceptual plan submittal shall consist of the following:
1. An area plan showing the library site in context with the surrounding neighborhood buildings, parking, public transit stops, and streets. The plans and documentation shall demonstrate that the architectural design for the project is compatible with the scale and character of the surrounding neighborhood.
2. A site plan showing the library building, automobile and bicycle parking, access roads, bicycle and pedestrian pathways, and any anticipated future expansion of the building and parking. The site plan shall also indicate which direction is north.
3. A floor plan (single line drawing) identifying by name the major programmed areas for the library, including non-assignable spaces. Each area shall show the assignable square footage called for in the library building program and the actual square footage allocated on the floor plan.
4. Two sections through the building, one longitudinal and one latitudinal.
5. Two elevations, with one elevation being the front of the library building.
6. Outline specifications describing the type and quality of building systems, basic components, and components unique to the project. The specifications shall contain references to any applicable sections of State statutes and State building codes.
(e) Supporting document submittals: financial and certifications
(1) Projected construction cost estimate [See section 20436(b)]
(2) Multipurpose projects: cost analysis [See section 20436(f)(3)]
(3) Resolution certifying project budget, local funding commitment, supplemental funds, and public library operation
The applicant's governing body shall certify the following by resolution and submit a copy of the resolution with the Application Form:
(A) A commitment to provide the local matching fund amount identified in the Library Project Budget, as required by Education Code section 19995(a), including and identifying any amounts to be credited to local matching funds pursuant to section 19995(c) and (d).
(B) A commitment to provide supplemental funds necessary to complete the project at the level stated in the project budget [See section 20436(e)].
(C) The availability of the local matching and supplemental funds specified in the project budget when they are needed to meet cash flow requirements for the project.
(D) The project budget contained in the Library Project Budget section of the Application Form.
(E) The accuracy and truthfulness of all information submitted in the Application Form and the required supporting documents.
(F) A commitment to operate the completed facility and provide public library direct service, unless the public library shall be operated in whole by a jurisdiction other than the applicant.
(G) A commitment that the facility shall be dedicated to public library direct service use for a period of 40 years following completion of the project, regardless of any operating agreements the applicant may have with other jurisdictions or parties.
(4) Operation of the facility involving a jurisdiction other than the applicant
If the completed public library will be operated by a jurisdiction other than the applicant, the applicant shall obtain from the operating jurisdiction a copy of a resolution of its governing body that certifies a commitment to operate the completed facility and provide public library direct service and submit the copy with the Application Form.
(5) Private funds -- availability deadline and account certification
The applicant shall submit a copy of an account statement from the applicant's accounting system showing the amount of private funds designated in the Library Project Budget section of the Application Form. This account statement shall be submitted with the Application Form.
NOTE
Authority cited: Sections 19992 and 19994, Education Code. Reference: Sections 19988, 19989, 19993, 19996, 19997, 19998 and 19999, Education Code.
HISTORY
1. New section and appendices 1-6 filed 12-5-2001; operative 1-4-2002 (Register 2001, No. 49).
2. Change without regulatory effect amending appendices 1 and 3 filed 3-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 12).
Appendix 1 Application Form
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Appendix 2 Required Elements for Joint Use Cooperative Agreements
As required in section 20440(d)(1), applicants with joint use projects shall submit a copy of the cooperative agreement between the public library and the public school district(s) that includes the following elements:
1. A definition of the roles and responsibilities of each party with respect to funding, staffing, supervision, operation, management, and others as applicable.
2. A description of the joint library services and how they will be provided.
3. The library hours of service for the public and for students.
4. The number and classifications of staff members.
5. The use of volunteers, if any.
6. Identification of the location of the proposed joint use project.
7. Ownership of the site, facility, furnishings, equipment, and library materials.
8. All sources and uses of funding.
9. Responsibility for facility operation, maintenance, and management.
10. Review and modification process for the conditions of the agreement.
11. Field Act applicability to the project:
a. A statement that the project will or will not be subject to the Field Act.
b. The rationale for the determination regarding the Field Act applicability.
12. A 20-year commitment to providing joint use library services consistent with the intent of the cooperative agreement.
13. Acknowledgment and incorporation of Education Code section 19999 and section 20440(e)(3)(G) of these regulations which requires the provision of public library direct services for 40 years.
Appendix 3 Community Library Needs Assessment Components
As required in section 20440(d)(2), all applicants shall submit a copy of a Community Library Needs Assessment that demonstrates the need for the project and describes its relationship to the overall public library jurisdiction. The needs assessment shall include, but is not limited to, the following components:
1. Table of Contents giving page numbers for each division and each required Executive Summary.
2. Overall Executive Summary for the Community Library Needs Assessment, not to exceed two, single-spaced typed pages. Limit type size to no smaller than 11 point if using a computer, or 12 pitch (elite) if using a typewriter.
a. The Executive Summary shall provide a narrative overview of the findings of the Community Library Needs Assessment, citing relevant community demographic information.
b. The Executive Summary for joint use projects shall also include a description of the K-12 student population that will be served by the joint use project and their needs.
3. Needs assessment methodology
a. Applicants shall provide an Executive Summary of the needs assessment methodology not to exceed two, single-spaced typed pages. Limit type size to no smaller than 11 point if using a computer, or 12 pitch (elite) if using a typewriter.
b. Applicants shall describe how they involved residents, community organizations, special interest groups, special populations including those with disabilities, local agencies, and others, as applicable, in determining the needs of the residents of the library service area and the need for a new or improved facility.
c. Applicants with joint use projects shall also describe how the school and/or school district was involved in planning the joint use facility and services and include a description of the involvement of the following school representatives, as applicable: superintendents, principals, school board members, teachers, certified library media teachers, parents, students, and any school support organizations.
d. Applicants shall describe methods used to elicit community input, such as surveys, focus groups, community meetings, and other methods used.
4. Community Analysis with Executive Summary
Applicants shall describe and analyze relevant factors that affect the library goals, objectives, and Library Plan of Service for the residents in the project service area. Factors include, but are not limited to, the following:
a. Governmental agencies
Identify governmental agencies that will have an influence on the planning of the facility and describe the nature of the relationship. Identify key individuals in the government agencies and describe their roles in the project.
b. School agencies
Identify public and private schools within the district that will be served by the proposed project and their service needs, including whether or not a school library exists.
c. Community organizations
Identify community organizations that will be served by the proposed project, and describe their service needs.
d. Demography
Applicants shall obtain the following demographic information from federal, state, or regional sources, and identify the source.
(1) Population characteristics Describe the service area population, including, but not limited to, its current size, projected growth, and demographic characteristics to the extent such information is available for the project service area.
(2) Data not available for the specific project service area
If the information is unavailable for the project service area, the applicant may utilize the demographic information for local jurisdictions in which the project is located.
(3) Demographic data and analysis
Include the following data for the project service area and an analysis of the data:
G The average California Academic Performance Index (API) for public schools in the library service area.
G Poverty rate.
G Per capita income.
G Literacy rate.
G Unemployment rate.
G Population composition by age.
G Population by occupation.
G Median property value.
G Population by educational level.
G Others (optional).
This information shall be compared to the norm for the state and nation, to the extent such information is available.
Applicants shall include an Executive Summary of the overall findings of the community analysis. The Executive Summary shall not exceed two, single-spaced typed pages. Limit type size to no smaller than 11 point if using a computer, or 12 pitch (elite) if using a typewriter.
5. Analysis and discussion of community characteristics.
6. Analysis of library service needs with Executive Summary.
Applicants shall provide an in-depth analysis of the library service needs based on the findings of the Community Library Needs Assessment.
Applicants shall include an Executive Summary describing how the demographic characteristics, and any other factors, will affect the Library Plan of Service. The Executive Summary shall not exceed two, single-spaced typed pages. Limit type size to no smaller than 11 point if using a computer, or 12 pitch (elite) if using a typewriter.
7. Service limitations of existing library facilities with Executive Summary
If existing facilities will be replaced or improved, applicants shall describe how the existing facilities are inadequate in providing the types of services needed for residents of the project service area.
Applicants shall describe the limitations and constraints of services provided in the existing public library facilities that will be replaced or improved for categories a-f below. For co-located joint use projects, also provide the information for the school library.
a. Collections.
b. Readers' seating.
c. Staff offices, workstations, and visual supervision.
d. Technology.
e. Meeting rooms.
f. Special purpose (miscellaneous).
Applicants shall provide descriptions of the types of library services that are needed but currently unavailable in the existing public library buildings. For joint-use projects, both co-located and joint venture, also address school library services that are needed but currently unavailable.
Applicants shall provide an Executive Summary which will give a narrative overview of the service limitations of the existing facility based on categories a-f listed above, not to exceed two, single-spaced typed pages. Limit type size to no smaller than 11 point if using a computer, or 12 pitch (elite) if using a typewriter. If more than one existing facility is being replaced or improved, provide a separate summary for each facility. For co-located projects, provide a separate summary of the service limitations of the school library.
8. Physical limitations of existing library facilities with Executive Summary
If existing facilities will be replaced or improved, applicants shall provide an analysis of the physical limitations of existing public library buildings for the following categories. For co-located joint-use projects, if there are existing facilities that will be replaced or improved, also provide an analysis of the physical limitations of the existing school libraries for the same categories
a. Structural.
b. Energy conservation.
c. Health and safety.
d. Disabled access.
e. Acoustics.
f. Space flexibility/expandability.
g. Functional spatial relationships.
h. Site.
i. Any other considerations.
Applicants shall provide an Executive Summary which will give a narrative overview of the physical limitations of the existing library facility based on categories a-i listed above, summarizing how the facility is inadequate, hazardous, ineffective, or inefficient. If more than one existing facility is being replaced or improved, provide a separate summary for each facility. The summary shall not exceed two, single-spaced typed pages. Limit type size to no smaller than 11 point if using a computer, or 12 pitch (elite) if using a typewriter. For co-located projects, provide a separate summary of the physical limitations of the school library.
9. Space Needs Assessment
Provide a listing of the assignable square footage allocations needed for the proposed project and an analysis of how they were determined for the following categories:
a. Library Collections
(1) Describe the current status of the library collections and capacity of the proposed building to house the collections in the future.
(2) Discuss collection development and provide justification for the size and types of proposed collections based on demographics, previous as well as anticipated purchasing patterns, verifiable library use statistics, and any standards or guidelines used.
(3) Provide a summary of all projected collections to be housed in the proposed library, including the size, format, category, and subcategory of each collection. Include the volumes per linear foot and assumptions regarding the percentage of collection in circulation.
(4) Provide a chart showing the calculations used to translate each collection subcategory into space needs. Provide the conversion factors used in the calculations such as type of shelving or storage unit, the number of volumes per shelving or storage unit, the number of shelving or storage units needed to house the collection, the number of assignable square feet per shelving or storage unit, and the amount of assignable square footage needed to house the shelving or storage units.
b. Readers' Seats
(1) Describe the number, type, and allocation of all patron seating needed to meet the requirements of the proposed facility.
(2) Identify standards utilized in determining the amount of seating.
(3) Describe the calculations used to translate the various types of readers' seating into space needs, providing the conversion factors used to calculate the required assignable square footage.
c. Technology
(1) Identify and describe the number and types of technology equipment (computers, printers, servers, routers, other computer peripherals, and telecommunications equipment, etc.) and workstations required to support the operation of the proposed facility.
(2) Describe the calculations used to translate the technology equipment needs into space needs, providing the conversion factors used to calculate the assignable square footage needed to accommodate the equipment and workstations.
d. Staff Offices and Workstations
(1) Describe the projected staff organization and provide any standards used in determining the size of the projected staff.
(2) Provide the resulting number of staff workstations (public, office, and workroom) needed to provide the desired service level in the proposed facility, and indicate the proposed allocation of staff workstations.
(3) Describe the calculations used to translate the office and workstation needs into space needs, providing the conversion factors used to calculate the assignable square footage to house the various types of workstations.
e. Meeting Room Requirements
(1) Describe the number and capacity of meeting rooms for the proposed library. Indicate how this space supports the library's plan of service and provide an allocation of the space.
(2) Describe the calculations used to determine the amount of meeting room assignable square footage required, providing conversion factors used to calculate the assignable square footage needed for the various types of meeting room seats.
f. Special Purpose: Miscellaneous Space Needs
(1) Describe any other miscellaneous spaces or equipment that have been identified, indicating their intended use and how they support the library's plan of service and providing an allocation of space.
(2) Describe the calculations used to determine the amount of special purpose assignable square footage required, providing the conversion factors used to calculate the assignable square footage needed for each type of furnishing and equipment or space.
g. Non-Assignable Space
Provide the assumptions made with respect to the percentage of non-assignable square footage as well as the amount of non-assignable square footage.
Appendix 4 Library Plan of Service Components
As required in section 20440(d)(3), all applicants shall submit a copy of a Library Plan of Service that highlights major services to be provided and how they respond to the needs identified in the Community Library Needs Assessment. The plan shall include, but is not limited to, the following components:
1. Library Plan of Service
Applicants shall submit a Library Plan of Service that describes how the needs of the residents in the library service area, as identified in the Community Library Needs Assessment, will be met by the proposed project.
The Library Plan of Service shall include:
2. Executive Summary
Provide an Executive Summary of the Library Plan of Service, highlighting major services to be provided and how they respond to the needs identified. The Executive Summary shall not exceed two typed pages.
3. Mission statement
a. Describe the mission of the public library.
b. For co-located joint use projects, also include the school's mission statement for providing library services to their students.
4. Goals and objectives
Describe the goals, objectives, roles, and service indicators for library services for the library project service area and how they respond to the information gathered in the Community Library Needs Assessment.
5. Types of services to be offered
a. All applicants
Provide a detailed description of the types of services that will be offered as well as an implementation plan. Describe staffing, programming, hours of service, collections and any special services along with other relevant community services or partnerships such as adult education, senior citizen, literacy and after school programs, etc. Indicate how the overall plan of service meets the needs of the residents of the library service area.
b. Co-located joint use projects
Applicants with co-located joint use projects shall describe how the project's Library Plan of Service will meet the needs of the K-12 student population identified for this project. Describe how this service is different from what would be provided for the proposed project's clientele if there were no joint use cooperative agreement.
c. Joint venture projects
Applicants with joint venture projects, describe how the project's Library Plan of Service will meet the needs of the K-12 student population identified for this project. Describe why the specific service(s) (homework center, career center, family literacy center, computer center, subject-specialty learning center, shared electronic and telecommunication library services, or other collaborative library services that directly benefit K-12 students) was selected to meet the student needs.
6. Jurisdiction-wide service
Describe how the proposed project fits into the overall plan of service for the library jurisdiction.
7. Technology
a. All applicants shall describe how the Library Plan of Service integrates appropriate electronic technologies in response to the service needs identified in the Community Library Needs Assessment and shall include a description of how information technologies will be implemented to integrate, support, or extend the delivery of library services to the residents of the service area.
b. Applicants with joint use projects shall also describe how electronic technologies will be used to meet the needs of K-12 students as identified in the Community Library Needs Assessment.
c. The applicant shall provide an Executive Summary which will give a narrative overview of how the Library Plan of Service integrates appropriate electronic technologies in response to the service needs identified in the Community Library Needs Assessment. Include a description of how information technologies will be implemented to integrate, support, or extend the delivery of library services for the proposed project now and in the future. Joint use project applicants shall also describe how electronic technologies will be used to meet the needs of K-12 students as identified in the Community Library Needs Assessment. The summary shall not exceed two, single-spaced typed pages. Limit type size to no smaller than 11 point if using a computer, or 12 pitch (elite) if using a typewriter.
Appendix 5 Library Building Program Components
As required in section 20440(d)(4), all applicants shall submit a copy of a Library Building Program that demonstrates how the Library Plan of Service will be implemented in the project. The building program shall include, but is not limited to, the following components:
1. Table of contents with page numbers for each division
2. Overview and introduction
Applicants shall:
a. Provide a general introduction to the project, including an overview of the need for the project and a time schedule for the project.
b. Discuss the relationship of the library building program to the architectural design process.
c. Identify and discuss the roles and interrelationships of the library building team members.
3. General Requirements of the Library Building
Applicants shall provide a general narrative for the entire library that addresses the following items, as appropriate:
a. Occupancy by staff and patrons.
b. Type and size of collections.
c. Flexibility and expandability.
d. Staff efficiency.
e. Energy efficiency.
f. Fenestration.
g. Space finishes.
h. Access for the disabled.
i. Acoustics.
j. Environmental conditions (HVAC).
k. Illumination.
l. Power and data communication requirements.
m. Security systems.
n. Signs.
o. Audio-visual systems.
p. Visual supervision.
q. Master list of furniture and equipment.
4. Spatial Relationships
Applicants shall describe the relationships of the various spaces in the proposed library through the use of a narrative, spatial diagram, or matrix.
5. Summary of Facility Space Requirements
Applicants shall provide a summary of the spaces in the proposed library, showing the name of each space and its respective assignable square footage.
6. Space Descriptions
Applicants shall provide a description of each individual space utilizing the following items as applicable:
a. Assignable square footage.
b. Occupancy by staff and patrons.
c. Type and size of collections.
d. Functional activity description.
e. Spatial relationships.
f. Flexibility and expandability.
g. Fenestration.
h. Space finishes.
i. Access for the disabled.
j. Acoustics.
k. Environmental conditions (HVAC).
l. Illumination.
m. Power, data, and audiovisual communications requirements.
n. Security requirements.
o. Visual supervision.
p. Signs.
q. A listing of required furniture and equipment.
7. Preliminary project budget
Applicants shall provide a preliminary capital outlay project budget for the proposed facility.
Appendix 6 Requirements for Site Lease and Lease-Purchase Agreements
An applicant that is placing a proposed project on a site secured by a lease or a lease-purchase agreement shall conform to the following requirements:
1. Public Agency Owner
If the lessor is a public agency:
a. The agreement shall provide that the applicant, as lessee, shall have full and undisturbed access to the site at all times to build and operate a public library during the length of the lease.
b. The term of the agreement shall be a minimum of 40 years following Substantial Completion of the project unless ownership shall otherwise transfer to the lessee before this time period has expired.
c. The title report shall indicate that there are no superior liens (deeds of trust or other rights) in the leased property.
d. The agreement shall provide that any subsequent encumbrance on the property (e.g. deed of trust) or sale of the property must be subject to the lease or lease-purchase agreement.
e. Either full rental shall be paid in a lump sum up front or the lessee shall covenant to budget for rent each year.
f. The lessor's remedies for any default by the lessee, including failure to pay rent, cannot include cancellation of the lease, retaking of the property, or eviction of the lessee. The only remedy is suit for rent or specific performance to remedy any specific breach.
g. The lessor shall demonstrate that the agreement is legally authorized and has been properly approved and executed by the lessor and is enforceable against the lessor. Lessor shall provide a legal opinion to this effect, and the applicant shall submit the legal opinion with the application.
h. The applicant, as lessee, shall demonstrate that the agreement is legally authorized and has been properly approved and executed and is enforceable against the lessee. The applicant shall submit a legal opinion to this effect with the application.
2. Private Owner
If the lessor is a private entity, in addition to the items in 1 above, the applicant shall submit a legal opinion with the application that either:
a. The lessor is an entity which cannot enter bankruptcy proceedings under the Federal Bankruptcy Code, or
b. The lease or lease purchase agreement cannot be rejected by the lessor in the event of bankruptcy.
§20442. Submission of Applications and Grant Awards.
Note • History
(a) Submission of applications; deadlines for application cycles and grant amounts; late or incomplete application submissions
(1) Application location - Submit applications for each funding cycle to:
BOND ACT FISCAL OFFICER
OFFICE OF LIBRARY CONSTRUCTION
1029 J STREET, SUITE 400
SACRAMENTO, CA 95814-2825
(2) Funding cycles
(A) First funding cycle
1. The application deadline for the first funding cycle is 5:00 p.m. on June 14, 2002.
2. In the first funding cycle the Board will award grants totaling no more than $150,000,000.
(B) Second funding cycle
1. The application deadline for the second funding cycle is 5:00 p.m. on March 28, 2003.
2. In the second funding cycle the Board will award grants totaling no more than $110,000,000.
(C) Third funding cycle
1. The application deadline for the third funding cycle is 5:00 p.m. on January 16, 2004.
2. All remaining grant funds will be awarded in the third funding cycle.
(3) Late applications not considered
If an application, or documents required to support the application, are not received by the Board's deadline for application, the application shall not be considered by the State Librarian or Board for grant approval during the funding cycle.
(4) Incomplete applications not considered
If applications, or documents required to support the application, are incomplete, the application shall not be considered by the State Librarian or Board for grant approval during the funding cycle.
(b) Corrections to the project application
If, due to oversight or clerical error, the information provided by the applicant during the application process proves to be inaccurate, the State Librarian, at his or her discretion, may make minor adjustments to correct obviously inaccurate information in applications.
(c) One application per project
Applicants may submit only one application for each proposed project during any single application cycle.
(d) Resubmission of a project application
Applicants may resubmit project applications that were not funded in one application cycle for a subsequent funding cycle by submitting a complete project application.
(e) Changes in projects after grant award
(1) If there are proposed changes to the project after grant award that significantly modify the project, applicants shall submit the proposed changes to the State Librarian for review and authorization.
(2) The State Librarian has the sole authority to determine if a change is significant.
(3) If the State Librarian does not approve the change, the grant recipient may appeal the State Librarian's decision to the Board.
(4) The decision of the Board regarding a change in the project is final and binding.
(f) Value determined by mutual agreement
For purposes of Education Code section 19999(c) regarding the return of State grant funds, determining the value of the facility and land by mutual agreement shall mean by an appraisal prepared by an independent certified appraiser as specified in section 20436(a).
NOTE
Authority cited: Section 19992, Education Code. Reference: Sections 19988, 19989, 19992, 19993, 19995, 19996, 19997, 19998 and 19999, Education Code.
HISTORY
1. New section filed 12-5-2001; operative 1-4-2002 (Register 2001, No. 49).
§20444. State Payments; Fiscal and Program Compliance Review.
Note • History
(a) Frequency of State grant payments; original signatures
(1) The State Librarian shall authorize State grant payments to the grant recipient on a periodic reimbursement basis. Payments shall be made no more frequently than on a monthly basis.
(2) Payment requests shall state that the reimbursement request is being made only for eligible project costs.
(3) Payment requests shall be submitted with an original signature of the grant recipient's fiscal officer or that officer's designee.
(b) Final State grant payment
The final State payment of 10% will be made when:
(1) All eligible project costs have been paid.
(2) The grant recipient certifies building completion by providing a compliance letter from the local building official verifying:
(A) The date of Substantial Completion of the project.
(B) The building was completed in accordance with the approved plans and specifications.
(C) The building has been approved for occupancy.
(D) Book stack installation has been completed.
(3) The grant recipient shall submit evidence that the State's interest in the building and the land has been recorded in the title record [see Education Code section 19999].
(4) Certified Public Accountant (CPA) review and audit submission
(A) CPA review
Following completion of the project, the grant recipient shall submit a final fiscal and program compliance review performed by an independent CPA utilizing standards established by the American Institute of Certified Public Accountants. To be considered independent, the CPA shall not be an employee of the grant recipient or the grant recipient's library service provider. The CPA review shall be submitted to the State Librarian prior to release of the final 10% of State project funds.
(B) Audit Submission with the CPA review
1. In addition to (A), grant recipients who are subject to the Single Audit Act, Title 31 United States Code sections 7501 through 7507, shall submit a copy of their most recent Single Audit report to the State Librarian with the CPA review.
2. Recipients who are not subject to the Single Audit Act shall submit a copy of their most recent jurisdictional audit report with the CPA review.
(5) CPA Review deadline
(A) Grant recipients shall submit the CPA review no later than 18 months following Substantial Completion of the construction contract for the project.
(B) If a CPA review indicating fiscal and program compliance is not received within 18 months following Substantial Completion, the State may hire a CPA to conduct the review. The final 10% of grant funds shall be reduced by the cost of the CPA review.
NOTE
Authority cited: Section 19992, Education Code. Reference: Sections 19989, 19990 and 19999, Education Code.
HISTORY
1. New section filed 12-5-2001; operative 1-4-2002 (Register 2001, No. 49).
Division 3. Teachers' Retirement System
Chapter 1. Teachers' Retirement System
Article 1. Definitions
Note • History
As used in this chapter:
(a) “Accredited” means official recognition of an educational institution, by an authorized public authority or other generally recognized authority, that such institution maintains standards which qualify its graduates for admission to higher or more specialized institutions or for professional or trade practices.
(b) “Certificated” means the holding by a person of a credential which is required by the laws of the state to be held as a condition to valid employment in the position in which such person is employed.
(c) “Chairperson” means Chairperson of the Teachers' Retirement Board, duly elected in the manner prescribed by Education Code section 22200.
(d) “Credential,” “credentials” and “certificate” mean any life diploma, credential, certificate, or other document provided for by, and issued pursuant to the laws of the state which authorize service in the public school system of this state.
(e) “Emergency meeting” means a meeting of the Teachers' Retirement Board held because of an unforeseen emergency condition.
(f) “Regular meeting” is a meeting held in accordance to a schedule of meetings stating the dates and places of the meetings adopted by the Teachers' Retirement Board.
(g) “Special meeting” is a nonemergency meeting held by the Teachers' Retirement Board at a time other than when a regular meeting is held for considering and acting upon such matters, and no others, as are included in the notice of special meeting.
(h) “Unforeseen emergency condition” means a circumstance or a combination of circumstances which may result in monetary loss to the system, or otherwise impair the integrity or operation of the system, or result in unconscionable hardship or monetary loss of a member, disabilitant or retirant unless the Teachers' Retirement Board acts without being required to provide at least seven days' notice before acting.
(i) “Vice Chairman” means the vice chairman of the Teachers' Retirement Board, duly elected in the manner prescribed by Education Code section 22200.
NOTE
Authority cited: Sections 22202, 22209 and 22210, Chapter 4, Division 10, Education Code. Reference: Sections 22216 and 22224, Education Code.
HISTORY
1. Amendment filed 10-15-76; effective thirtieth day thereafter (Register 76, No. 42). For prior history, see Register 74, No. 33.
2. Amendment of section and NOTE filed 5-6-77; effective thirtieth day thereafter (Register 77, No. 19).
Article 2. Rules of Procedure
History
The Teachers' Retirement Board shall meet at least once every calendar quarter at such times as it may determine. The meetings shall be presided over by a chairperson elected by the Teachers' Retirement Board from among its members. In the event of absence from a meeting of the chairperson, the vice chairperson, elected by the Teachers' Retirement Board from among its members, shall act as presiding officer and perform all other duties of the chairperson.
HISTORY
1. Renumbering from Section 20500.1 filed 8-28-70; effective thirtieth day thereafter (Register 70, No. 35).
2. Amendment filed 10-15-76; effective thirtieth day thereafter (Register 76, No. 42).
§20511. Notice of Regular and Special Meetings. [Repealed]
Note • History
NOTE
Authority cited: Sections 22209 and 22210, Education Code. Reference: Section 22202, Education Code; and Section 87300, Government Code.
HISTORY
1. Amendment and renumbering from Section 20500.4 filed 8-28-70; effective thirtieth day thereafter (Register 70, No. 35).
2. Amendment filed 8-14-74; effective thirtieth day thereafter (Register 74, No. 33).
3. Amendment filed 10-15-76; effective thirtieth day thereafter (Register 76, No. 42).
4. Repealer filed 4-19-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 16).
§20512. Emergency Meetings. [Repealed]
Note • History
NOTE
Authority cited: Sections 22209 and 22210, Education Code. Reference: Section 22202, Education Code; and Section 87300, Government Code.
HISTORY
1. Amendment and renumbering from Section 20500.2 filed 8-28-70; effective thirtieth day thereafter (Register 70, No. 35).
2. Amendment filed 8-14-74; effective thirtieth day thereafter (Register 74, No. 33).
3. Amendment filed 10-15-76; effective thirtieth day thereafter (Register 76, No. 42).
4. Repealer filed 4-19-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 16).
§20512.5. Special Meetings. [Repealed]
Note • History
NOTE
Authority cited: Sections 22209 and 22210, Education Code. Reference: Section 22202, Education Code; and Section 87300, Government Code.
HISTORY
1. Amendment and renumbering from Section 20512 filed 8-14-74; effective thirtieth day thereafter (Register 74, No. 33).
2. Amendment filed 10-15-76; effective thirtieth day thereafter (Register 76,No. 42).
3. Repealer filed 4-19-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 16).
§20513. Quorum; Required Vote.
Note • History
The quorum of the Teachers' Retirement Board shall consist of the majority of the Board members. In determining whether a quorum is present, vacant positions on the Teachers' Retirement Board shall not be considered. The concurrence of the majority of the members present shall be necessary to the validity of any of the Teachers' Retirement Board's acts.
NOTE
Authority cited: Sections 22209 and 22210, Education Code. Reference: Section 22202, Education Code; and Section 87300, Government Code.
HISTORY
1. Renumbering from Section 20500.5 filed 8-28-70; effective thirtieth day thereafter (Register 70, No. 35).
2. Amendment filed 10-15-76; effective thirtieth day thereafter (Register 76, No. 42).
3. Amendment filed 4-19-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 16).
History
The chief executive officer shall act as secretary of the Teachers' Retirement Board. He shall have charge of all of its correspondence and shall keep a record of its proceedings.
HISTORY
1. Amendment and renumbering from Section 20500.3 filed 8-28-70; effective thirtieth day thereafter (Register 70, No. 35).
2. Amendment filed 10-15-76; effective thirtieth day thereafter (Register 76, No. 42).
Article 3. General Provisions of Administration
§20520. Authority of Chief Executive Officer.
Note • History
The chief executive officer of the system is authorized and empowered to correct a member's record and to approve, disapprove, modify or otherwise act on the retirement of members of the system for service or for qualifying for and receiving a disability allowance, and to fix their retirement allowances or disability allowances; and to approve, disapprove, modify or otherwise act on any application for any other benefit or refund and for granting service credit; and to determine whether persons who have qualified for and are receiving disability allowances have recovered from the disabilities which qualified them for disability allowances and to determine the eligibility of persons for family allowances. Payment of retirement allowances, disability allowances, family allowances, refunds or other benefits may be made on the action of the chief executive officer.
The chief executive officer is authorized to enter into contracts on behalf of the Teachers' Retirement Board and to perform other acts necessary in the administration of the system. The Teachers' Retirement Board may by resolution adopted at any meeting and recorded in the minutes of the meeting, delegate authority to him to perform any act within its own power to perform.
Any member, former member, disabilitant, retirant, beneficiary or other person dissatisfied with the action of the chief executive officer, other than his referral of the matter to hearing, with respect to payment of allowances, benefits or refunds or with respect to crediting service or correction of records, has the right to appeal such action to the Teachers' Retirement Board by filing a written notice of such appeal and the reason therefor at the office of the system within a reasonable time from the date of the mailing to him by the chief executive officer at his most recent address of record with the system of written notice of the determination or action taken and right of appeal therefrom. For the purpose of defining a “reasonable time” ninety (90) days is deemed to be a reasonable time. If no notice of appeal as herein provided is made within the time prescribed, such determination or action shall be final.
NOTE
Authority cited: Sections 22202, 22203, 22204, 22209, 22210, 22216 and 22224, Education Code.
HISTORY
1. Amendment of NOTE filed 5-6-77; effective thirtieth day thereafter (Register 77, No. 19). For prior history, see Register 76, No. 42.
§20521. Time Required for Credit.
History
The following members who are employed by the day or by the hour shall have 175 days or 1,050 hours as the basis for determining their earnable compensation for a school year:
(a) Those who are employed as substitutes but who can not be paid for school holidays;
(b) All others who are normally not employed for more than 175 days or 1,050 hours.
Full-time day service, or full-time service as performed by members whose normal tours of duty extend throughout the school term (hereby defined for purposes of this retirement system as being the period beginning with the day upon which school commences and ending with the day upon which school closes in the same year) shall be performance of assigned duties for six hours per day for five days per week, or the equivalent thereof. Performance of assigned duty for a shorter period than six hours for five days per week, or the equivalent thereof, such as but not limited to performance of duties for four hours per day for five days per week, but for which such member receives compensation in the same amount as he would have received if such performance were six hours per day for five days per week, shall nevertheless be counted as a full-time day or full-time service.
HISTORY
1. Renumbering from Section 20502 filed 8-28-70; effective thirtieth day thereafter (Register 70, No. 35). For prior history, see Register 68, No. 34.
§20522. Funds Disbursed According to Claims. [Repealed]
History
HISTORY
1. Amendment and renumbering of Section 20503 filed 8-28-70; effective thirtieth day thereafter (Register 70, No. 35). For prior history, see Register 64, No. 11.
2. Repealer filed 8-14-74; effective thirtieth day thereafter (Register 74, No. 33).
§20523. Proof of Death. [Repealed]
History
HISTORY
1. Repealer of former Section 20504 and new section filed 8-28-70; effective thirtieth day thereafter (Register 70, No. 35). For prior history, see Register 60, No. 13.
2. Repealer filed 1-29-75; effective thirtieth day thereafter (Register 75, No. 5).
§20524. Statement of Service and Claims. [Repealed]
History
HISTORY
1. Amendment and renumbering from Section 20505 filed 8-28-70; effective thirtieth day thereafter (Register 70, No. 35).
2. Repealer filed 1-29-75; effective thirtieth day thereafter (Register 75, No. 5).
§20525. Statement of Account. [Repealed]
History
HISTORY
1. Amendment filed 5-31-60; effective thirtieth day thereafter (Register 60, No. 13).
2. Amendment and renumbering from Section 20506 filed 8-28-70; effective thirtieth day thereafter (Register 70, No. 35).
3. Repealer filed 8-14-74; effective thirtieth day thereafter (Register 74, No. 33).
§20526. Required Days of Service for Sick Leave Credit. [Repealed]
Note • History
NOTE
Authority cited: Sections 22202, 22209, 22210, 22216 and 22224, Chapter 4, Division 10, Education Code. Reference: Section 22720, Education Code.
HISTORY
1. New section filed 8-14-74; effective thirtieth day thereafter (Register 74, No. 33). For history of former section see Register 73, No. 27).
2. Amendment of NOTE filed 5-6-77; effective thirtieth day thereafter (Register 77, No. 19).
3. Change without regulatory effect repealing section filed 10-24-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 43).
§20527. Deductions; Local Retirement Systems. [Repealed]
History
HISTORY
1. Repealer filed 7-6-73; effective thirtieth day thereafter (Register 73, No. 27). For prior history, see Register 70, No. 35.
§20528. Deposit of Contributions. [Repealed]
History
HISTORY
1. Repealer filed 7-6-73; effective thirtieth day thereafter (Register 73, No. 27). For prior history, see Register 70, No. 35.
§20529. Remitting Contributions and Report. [Repealed]
History
HISTORY
1. Repealer filed 7-6-73; effective thirtieth day thereafter (Register 73, No. 27). For prior history, see Register 70, No. 35.
§20530. Termination of Employment. [Repealed]
History
HISTORY
1. Repealer of former Section 20510 and new section filed 8-28-70; effective thirtieth day thereafter (Register 70, No. 35). For history of former section, see Register 26, No. 3.
2. Repealer filed 1-29-75; effective thirtieth day thereafter (Register 75, No. 5).
§20531. Application for Retirement. [Repealed]
Note • History
NOTE
Authority cited: Sections 13864 and 14304, Education Code.
HISTORY
1. New section filed 11-20-63 as an emergency; effective upon filing (Register 63, No. 23).
2. Certificate of Compliance--Section 11422.1, Government Code, filed 2-19-64 (Register 6, No. 4).
3. Renumbering from Section 20510.1 filed 8-28-70; effective thirtieth day thereafter (Register 70, No. 35).
4. Repealer filed 1-29-75; effective thirtieth day thereafter (Register 75, No. 5).
§20532. Repayment of Withdrawn Contributions. [Repealed]
History
HISTORY
1. Repealer filed 8-14-74; effective thirtieth day thereafter (Register 74, No. 33). For prior history, see Register 70, No. 5.
§20533. Option to Repay Withdrawn Contributions. [Repealed]
History
HISTORY
1. Amendment and renumbering from Section 20512 filed 8-28-70; effective thirtieth day thereafter (Register 70, No. 35). For prior history, see Register 65, No. 18.
2. Repealer filed 8-14-74; effective thirtieth day thereafter (Register 74, No. 33).
§20534. Deposit of Retirement Annuity Fund Contributions. [Repealed]
History
HISTORY
1. Amendment and renumbering of Section 20513 filed 8-28-70; effective thirtieth day thereafter (Register 70, No. 35). For prior history, see Register 59, No. 18.
2. Repealer filed 8-14-74; effective thirtieth day thereafter (Register 74, No. 33).
§20535. Election to Pay Contributions. [Repealed]
Note • History
NOTE
Authority cited: Sections 13872 and 13879, Chap. 4, Div. 10, Education Code.
HISTORY
1. New section filed 8-28-70; effective thirtieth day thereafter (Register 70, No. 35).
2. Repealer filed 1-29-75; effective thirtieth day thereafter (Register 75, No. 5).
§20536. Election to Redeposit. [Repealed]
History
HISTORY
1. New section filed 8-28-70; effective thirtieth day thereafter (Register 70, No. 35).
2. Repealer filed 1-29-75; effective thirtieth day thereafter (Register 75, No. 5).
§20537. Part-Time Employee--Disability Retirement. [Repealed]
History
HISTORY
1. New section filed 8-28-70; effective thirtieth day thereafter (Register 70, No. 35).
2. Repealer filed 8-14-74; effective thirtieth day thereafter (Register 74, No. 33).
§20538. Adjustment of Final Compensation. [Repealed]
Note • History
NOTE
Authority cited: Sections 22202, 22204, 22209, 22210, 22216 and 22224, Education Code. Reference: Section 22127, Education Code.
HISTORY
1. New section filed 1-29-75; effective thirtieth day thereafter (Register 75, No. 5). For history of former section, see Register 74, No. 33.
2. Amendment of NOTE filed 5-6-77; effective thirtieth day thereafter (Register 77, No. 19).
3. Change without regulatory effect repealing section filed 10-24-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 43).
§20539. Full-Time Employment to Qualify for Reduced Workload. [Repealed]
Note • History
NOTE
Authority cited: Sections 22209, 22210, 22211 and 22216, Education Code. Reference: Sections 22214, 22224, 22724 and 44922, Education Code.
HISTORY
1. New section filed 12-19-75; effective thirtieth day thereafter (Register 75, No. 51). For history of former section, see Register 74, No. 33.
2. Amendment of section and NOTE filed 5-6-77; effective thirtieth day thereafter (Register 77, No. 19).
3. Repealer filed 4-19-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 16).
§20540. Definitions of “Full-Time Student” and “Educational Institution.” [Repealed]
Note • History
NOTE
Authority cited: Sections 13872, 13879, 13885 and 13896, Education Code.
HISTORY
1. New section filed 7-7-72; effective thirtieth day thereafter (Register 72, No. 28).
2. Repealer filed 1-29-75; effective thirtieth day thereafter (Register 75, No. 5).
§20541. “Family or Disability Benefits.” [Repealed]
Note • History
NOTE
Authority cited: Sections 13872, 13879, 13885 and 13896, Education Code.
HISTORY
1. New section filed 7-7-72; effective thirtieth day thereafter (Register 72, No. 28).
2. Repealer filed 1-29-75; effective thirtieth day thereafter (Register 75, No. 5).
§20542. Verification of Date of Birth. [Repealed]
Note • History
NOTE
Authority cited: Sections 13872, 13879, 13848 and 13899, Education Code. Reference: Sections 13899, 13930, 13931, Education Code.
HISTORY
1. New section filed 10-5-72; effective thirtieth day thereafter (Register 72, No.41).
2. Repealer filed 1-29-75; effective thirtieth day thereafter (Register 75, No. 5).
§20543. Permissive Payments to System to Obtain Additional Service Credit. [Repealed]
Note • History
NOTE
Authority cited: Sections 22145, 22202, 22210 and 22226, Education Code. Reference: Sections 22716, 22802, 22803, 22900, 22901, 22902, 22903, 22904, 23200, 23201, 23202 and 23203, Education Code.
HISTORY
1. Amendment of NOTE filed 5-6-77; effective thirtieth day thereafter (Register 77, No. 19). For prior history, see Register 76, No. 42.
2. Change without regulatory effect repealing section filed 10-24-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 43).
§20543.5. Mandatory Payments to System by Member, Beneficiary or Retirant. [Repealed]
Note • History
NOTE
Authority cited: Sections 22202, 22204, 22209, 22210, 22216 and 22224, Education Code. Reference: Section 23008, Education Code.
HISTORY
1. New section filed 1-29-75; effective thirtieth day thereafter (Register 75, No. 5).
2. Amendment filed 10-15-76; effective thirtieth day thereafter (Register 76, No. 42).
3. Amendment of NOTE filed 5-6-77; effective thirtieth day thereafter (Register 77, No. 19).
4. Change without regulatory effect repealing section filed 10-24-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 43).
§20544. Determination of Member's Final Compensation. [Repealed]
Note • History
NOTE
Authority cited: Sections 22145, 22202, 22209, 22210, 22216, 22224 and 22226, Chapter 4, Division 10, Education Code. Reference: Sections 22127, 22145, 22400 and 22401, Education Code.
HISTORY
1. New section filed 11-22-72; effective thirtieth day thereafter (Register 72, No. 48).
2. Amendment of NOTE filed 5-6-77; effective thirtieth day thereafter (Register 77, No. 19).
3. Amendment filed 2-10-78; effective thirtieth day thereafter (Register 78, No. 6).
4. Repealer and new section filed 3-8-79; designated effective 4-15-79 (Register 79, No. 10).
5. Change without regulatory effect repealing section filed 10-24-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 43).
Article 4. Tax Sheltered Annuity Contributions [Repealed]
§20547. Tax Sheltered Annuity. [Repealed]
Note • History
NOTE
Authority cited: Sections 22202, 22209, 22210, 22231 and 22310, Education Code. Reference: Sections 22231 and 22310, Education Code.
HISTORY
1. Amendment filed 5-6-77; effective thirtieth day thereafter (Register 77, No. 19). For prior history, see Register 76, No. 42.
2. Repealer and new section filed 6-6-79 as an emergency; designated effective 6-30-79. Certificate of Compliance included (Register 79, No. 23).
3. Repealer filed 11-6-79; designated effective 12-31-79 (Register 79, No. 45).
§20548. Tax Sheltered Annuity Contributions. [Repealed]
Note • History
NOTE
Authority cited: Sections 22202, 22209, 22210, 22231 and 22310, Education Code. Reference: Sections 22231 and 22310, Education Code.
HISTORY
1. Amendment filed 5-6-77; effective thirtieth day thereafter (Register 77, No. 19). For prior history, See Register 76, No. 42.
2. Repealer and new section filed 6-6-79 as an emergency; designated effective 6-30-79. Certificate of Compliance included (Register 79, No. 23).
3. Repealer filed 11-6-79; designated effective 12-31-79 (Register 79, No. 45).
§20549. Resolution. [Repealed]
Note • History
NOTE
Authority cited: Sections 22202, 22209, 22210, 22231 and 22310, Education Code. Reference: Sections 22231 and 22310, Education Code.
HISTORY
1. Amendment and renumbering of Section 20516 filed 8-28-70; effective thirtieth day thereafter (Register 70, No. 35). For prior history, see Register 64, No. 4.
2. Amendment filed 10-15-76; effective thirtieth day thereafter (Register 76, No. 42).
3. Repealer and new section filed 6-6-79 as an emergency; designated effective 6-30-79. Certificate of Compliance included (Register 79, No. 23).
4. Repealer filed 11-6-79; designated effective 12-31-79 (Register 79, No. 45).
§20550. Amendment of Employment Contract. [Repealed]
Note • History
NOTE
Authority cited: Sections 22202, 22209, 22210, 22231 and 22310, Education Code. Reference: Sections 22231 and 22310, Education Code.
HISTORY
1. New section filed 8-28-70; effective thirtieth day thereafter (Register 70, No. 35).
2. Repealer filed 10-5-72; effective thirtieth day thereafter (Register 72, No. 41).
3. New section filed 6-6-79 as an emergency; designated effective 6-30-79. Certificate of Compliance included (Register 79, No. 23).
4. Repealer filed 11-6-79; designated effective 12-31-79 (Register 79, No. 45).
§20551. Limit on Tax Sheltered Contributions. [Repealed]
Note • History
NOTE
Authority cited: Sections 22202, 22209, 22210, 22231 and 22310, Education Code. Reference: Sections 22231 and 22310, Education Code.
HISTORY
1. New section filed 6-6-79 as an emergency; designated effective 6-30-79. Certificate of Compliance included (Register 79, No. 23).
2. Repealer filed 11-6-79; designated effective 12-31-79 (Register 79, No. 45).
§20552. Transmittal and Report of Tax Sheltered Annuity Contributions. [Repealed]
Note • History
NOTE
Authority cited: Sections 22202, 22209, 22210, 22231 and 22310, Education Code. Reference: Sections 22231 and 22310, Education Code.
HISTORY
1. New section filed 6-6-79 as an emergency; designated effective 6-30-79. Certificate of Compliance included (Register 79, No. 23).
2. Repealer filed 11-6-79; designated effective 12-31-79 (Register 79, No. 45).
§20553. Withdrawal. [Repealed]
Note • History
NOTE
Authority cited: Sections 22202, 22209, 22210, 22231 and 22310, Education Code. Reference: Sections 22231 and 22310, Education Code.
HISTORY
1. New section filed 6-6-79 as an emergency; designated effective 6-30-79. Certificate of Compliance included (Register 79, No. 23).
2. Repealer filed 11-6-79; designated effective 12-31-79 (Register 79, No. 45).
§20554. Tax Sheltered Annuity Program. [Repealed]
Note • History
NOTE
Authority cited: Sections 22202, 22209, 22210, 22231 and 22310, Education Code. Reference: Sections 22231 and 22310, Education Code.
HISTORY
1. New section filed 9-21-79; effective thirtieth day thereafter (Register 79, No. 38.)
2. Repealer filed 3-2-95; operative 4-3-95 (Register 95, No. 9).
§20554.1. Discontinuance of Former Tax Sheltered Annuity Program. [Repealed]
Note • History
NOTE
Authority cited: Sections 22202, 22209, 22210, 22231 and 22310, Education Code. Reference: Sections 22231 and 22310, Education Code.
HISTORY
1. New section filed 9-21-79; effective thirtieth day thereafter (Register 79, No. 38).
2. Repealer filed 3-2-95; operative 4-3-95 (Register 95, No. 9).
§20555. Investment of Tax Sheltered Annuity Funds. [Repealed]
Note • History
NOTE
Authority cited: Sections 22202, 22209, 22210, 22231 and 22310, Education Code. Reference: Sections 22231 and 22310, Education Code.
HISTORY
1. New section filed 9-21-79; effective thirtieth day thereafter (Register 79, No. 38).
2. Repealer filed 3-2-95; operative 4-3-95 (Register 95, No. 9).
§20556. Resolution by Contracting Employer. [Repealed]
Note • History
NOTE
Authority cited: Sections 22202, 22209, 22210, 22231 and 22310, Education Code. Reference: Sections 22231 and 22310, Education Code.
HISTORY
1. New section filed 9-21-79; effective thirtieth day thereafter (Register 79, No. 38).
2. Repealer filed 3-2-95; operative 4-3-95 (Register 95, No. 9).
§20557. Transmittal and Report of Tax Sheltered Annuity Contributions. [Repealed]
Note • History
NOTE
Authority cited: Sections 22202, 22209, 22210, 22231 and 22310, Education Code. Reference: Sections 22231 and 22310, Education Code.
HISTORY
1. New section filed 9-21-79; effective thirtieth day thereafter (Register 79, No. 38).
2. Repealer filed 3-2-95; operative 4-3-95 (Register 95, No. 9).
§20558. Withdrawal for Emergencies. [Repealed]
Note • History
NOTE
Authority cited: Sections 22202, 22209, 22210, 22231 and 22310, Education Code.
HISTORY
1. New section filed 9-21-79; effective thirtieth day thereafter (Register 79, No. 38).
2. Repealer filed 3-2-95; operative 4-3-95 (Register 95, No. 9).
§20558.1. Community Property Interest. [Repealed]
Note • History
NOTE
Authority cited: Sections 22202, 22209, 22210, 22231 and 22310, Education Code. Reference: Sections 22231 and 22310, Education Code.
HISTORY
1. New section filed 9-21-79; effective thirtieth day thereafter (Register 79, No. 38).
2. Repealer filed 3-2-95; operative 4-3-95 (Register 95, No. 9).
Article 5. Retired Members Employed as Substitute Teachers [Repealed]
§20559. Monthly Reports by Governing Board. [Repealed]
History
HISTORY
1. Repealer of former Sections 20525 and 20527 and amendment and renumbering of Section 20526 filed 8-28-70; effective thirtieth day thereafter (Register 70, No. 35). For prior history, see Register 68, No. 34.
2. Repealer filed 1-29-75; effective thirtieth day thereafter (Register 75, No. 5).
§20560. Amount of Contribution. [Repealed]
History
HISTORY
1. Repealer filed 7-6-73; effective thirtieth day thereafter (Register 73, No. 27). For prior history, see Register 70, No. 35.
Article 6. Nomination of Beneficiaries [Repealed]
§20570. Nomination of Beneficiaries. [Repealed]
History
HISTORY
1. New Section filed 9-18-57; effective thirtieth day thereafter (Register 57, No. 16.)
2. Amendment and renumbering of Section 20529 filed 8-28-70; effective thirtieth day thereafter (Register 70, No. 35).
3. Repealer filed 8-14-74; effective thirtieth day thereafter (Register 74, No. 33).
§20571. Beneficiary Under Trust. [Repealed]
Note • History
NOTE
Authority cited: Sections 13872 and 13879, Chap. 4, Div. 10, Education Code.
HISTORY
1. New Section filed 8-28-70; effective thirtieth day thereafter (Register 70, No. 35).
2. Repealer filed 1-29-75; effective thirtieth day thereafter (Register 75, No. 5).
Article 7. Election of Options [Repealed]
§20580. Optional Elections in Advance of Retirement. [Repealed]
History
HISTORY
1. Amendment and renumbering of Section 20531 filed 8-28-70; effective thirtieth day thereafter (Register 70, No. 35). For prior history, see Register 60, No. 13.
2. Amendment filed 10-15-76; effective thirtieth day thereafter (Register 76, No. 42).
3. Amendment filed 5-6-77; effective thirtieth day thereafter (Register 77, No. 19).
4. Change without regulatory effect repealing section filed 10-24-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 43).
§20581. Early Retirement Limited Term Reduction Program. [Repealed]
Note • History
NOTE
Authority cited: Sections 22202, 22209, 22210, and 24210 of the Education Code. Reference: Section 24210 of the Education Code.
HISTORY
1. New section filed 6-25-79; designated effective 8-1-79 (Register 79, No. 26).
2. Change without regulatory effect repealing section filed 10-24-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 43).
Article 8. Rates [Repealed]
§20600. Regular Interest Rate. [Repealed]
Note • History
NOTE
Authority cited: Sections 22202, 22209, 22210, 22216 and 22224, of the Education Code. Reference: Section 22145 of the Education Code.
HISTORY
1. Amendment of NOTE filed 5-6-77; effective thirtieth day thereafter (Register 77, No. 19). For prior history, see Register 77, No. 15.
2. Amendment filed 3-31-78 pursuant to Section 11385, Government Code; effective upon filing (Register 78, No. 13).
3. Amendment filed 3-8-79 pursuant to Section 11385, Government Code; effective upon filing (Register 79, No. 10).
4. Amendment filed 2-27-80; effective thirtieth day thereafter (Register 80, No. 9).
5. Repealer filed 4-2-81; effective upon filing (Register 81, No. 14).
§20601. Credited Interest Rate. [Repealed]
Note • History
NOTE
Authority cited: Sections 22202, 22209, 22210, 22216 and 22224, Education Code. Reference: Sections 22146 and 22216, Education Code.
HISTORY
1. Amendment filed 3-9-79 pursuant to Section 11385, Government Code; effective upon filing (Register 79, No. 10). For prior history, see Registers 71, No. 27; 73, No. 27; 76, No. 14; 77, No. 15; and 78, No. 13.
2. Amendment filed 2-27-80; effective thirtieth day thereafter (Register 80, No. 9).
3. Repealer filed 4-2-81; effective upon filing (Register 81, No. 14).
§20602. When Interest Is Not Chargeable. [Repealed]
Note • History
NOTE
Authority cited: Sections 22145, 22202, 22210 and 22226, Chapter 4, Division 10, Education Code.
HISTORY
1. New section filed 9-23-71; effective thirtieth day thereafter (Register 71, No. 39).
2. Amendment filed 10-20-71; effective upon filing (Register 71, No. 43).
3. Amendment of NOTE filed 5-6-77; effective thirtieth day thereafter (Register 77, No. 19).
4. Change without regulatory effect repealing section filed 10-24-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 43).
§20603. Present Value Factor. [Repealed]
Note • History
NOTE
Authority cited: Sections 22202, 22209, 22210, 22216 and 22224, Education Code. Reference: Section 22720, Education Code.
HISTORY
1. Amendment filed 3-9-79 pursuant to Section 11385, Government Code; effective upon filing (Register 79, No. 10). For prior history, see Registers 74, No. 33; 75, No. 26; 76, No. 20; 77, No. 15; and 78, No. 13.
2. Amendment filed 2-27-80; effective thirtieth day thereafter (Register 80, No. 9).
3. Repealer filed 4-2-81; effective upon filing (Register 81, No. 14).
§21000. Penalty Rate on Late Employer and Employee Contributions. [Repealed]
Note • History
NOTE
Authority cited: Sections 22202, 22209, 22210, 22216 and 22224, Education Code. Reference: Section 22003, Education Code.
HISTORY
1. New section filed 3-31-78 pursuant to section 11385, Government Code; effective upon filing (Register 78, No. 13). For history of former section, see Register 74, No. 33.
2. Amendment filed 3-9-79 pursuant to section 11385, Government Code; effective upon filing (Register 79, No. 10).
3. Amendment filed 2-27-80; effective thirtieth day thereafter (Register 80, No. 9).
4. Repealer filed 4-2-81; effective upon filing (Register 81, No. 14).
5. Editorial correction of printing error restoring HISTORY 4. (Register 91, No. 29).
§21001. Employer Contribution Rate for Reduced Workload Program. [Repealed]
Note • History
NOTE
Authority cited: Sections 22202, 22209, 22210, 22231 and 22310, Education Code. Reference: Section 22724, Education Code.
HISTORY
1. New section filed 2-27-80; effective thirtieth day thereafter (Register 80, No. 9).
2. Repealer filed 4-2-81; effective upon filing (Register 81, No. 14).
§21002. Actuarial Normal Cost Rate for Additional Service Credit. [Repealed]
Note • History
NOTE
Authority cited: Sections 22202, 22209, 22210, 22231 and 22310, Education Code. Reference: Section 22901, Education Code.
HISTORY
1. New section filed 2-27-80; effective thirtieth day thereafter (Register 80, No. 9).
2. Repealer filed 4-2-81; effective upon filing (Register 81, No. 14).
Article 10. Dependents [Repealed]
§21020. Dependent Husband. [Repealed]
Note • History
NOTE
Additional authority cited: Section 14186, Education Code.
HISTORY
1. New Article 10 (§§ 21020-21023) filed 11-21-72; effective thirtieth day thereafter (Register 72, No. 48).
2. Repealer filed 8-14-74; effective thirtieth day thereafter (Register 74, No. 33).
§21021. Dependent Parent. [Repealed]
History
HISTORY
1. Amendment filed 5-6-77; effective thirtieth day thereafter (Register 77, No. 19).
2. Change without regulatory effect repealing section filed 10-24-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 43).
§21022. Step-Child--When Qualified for Benefit. [Repealed]
History
HISTORY
1. Repealer filed 1-29-75; effective thirtieth day thereafter (Register 75, No. 5).
§21023. Providing Information to the Teachers' Retirement Board. [Repealed]
History
In addition to tax return, state or federal, the claimant or his guardian shall furnish to the Teachers' Retirement Board such other evidence regarding his financial status as the Teachers' Retirement Board may require.
Specific authority: Section 11385, Government Code.
HISTORY
1. Amendment filed 10-15-76; effective thirtieth day thereafter (Register 76, No. 42).
Article 11. State Teachers' Retirement System--Conflict of Interest Code
Note • History
(a) Incorporation by Reference of Standard Code and Appendix. The Political Reform Act, Government Code Section 81000 et seq., requires state and local government agencies to adopt and promulgate conflict of interest regulations. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regulations Section 18730, which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 Cal. Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference. The Standard Code and the Appendix together constitute the Conflict of Interest Code of the California State Teachers' Retirement System (CalSTRS), except as provided in subsections (b) and (c) below.
(b) Filing Requirements. Designated individuals shall file statements of economic interests with CalSTRS, pursuant to Section 4 of the Standard Code. CalSTRS shall make such statements available for public inspection and reproduction. Corporate entities under contract serving as consultants to or contractors for CalSTRS need not file statements of economic interests; however, the natural person within the entity who provides the consulting or contractual services must file the statement of economic interests. With respect to officials who are determined to manage public investments, within the meaning of Government Code Section 87200, they shall also be required to file statement of economic interests (contractors who fall within the meaning of managing public investments shall also be required to file statements of economic interests). Upon receipt of the statements of economic interests of Board Members, representatives of Ex-Officio Board Members, Chief Executive Officer, Chief Investment Officer, Directors of all programs of CalSTRS' Investment Branch, and others falling within the designation of officials who are determined to manage public investments, CalSTRS shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission. Statements of all other designated employees will be retained by CalSTRS.
(c) Exception. As provided in Section 1 of the Standard Code, 2 Cal. Code of Regulations Section 18730(b)(1), the definitions contained in the Political Reform Act of 1974 shall apply to the terms used in this Code.
NOTE
Authority cited: Article XVI, Section 17, California Constitution; Sections 22209 and 22210, Education Code; and Sections 87034 and 87300, Government Code. Reference: Sections 22205, 22205.2 and 22209, Education Code; Sections 87200 et seq. and 87300 et seq. , Government Code; and Section 187300, Title 2, California Code of Regulations.
HISTORY
1. New article 11 (sections 22000-22007, Exhibits A and B) filed 6-2-78; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 2-9-78 (Register 78, No. 22).
2. Repealer of article 11 (sections 22000-22007 and Exhibits A and B) and new article 11 (section 22000 and Appendix) filed 2-26-81; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 12-1-80 (Register 81, No. 9).
3. Amendment of section 22000 and repealer and new Appendix filed 2-14-86; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 1-7-86 (Register 86, No. 7).
4. Amendment of section and Appendix filed 1-13-93; operative 1-12-93. Submitted to OAL for printing only pursuant to California Code of Regulations title 2, section 18750 (Register 93, No. 3).
5. Amendment of subsections (a) and (b), Note and Appendix filed 5-20-96; operative 6-19-96. Approved by Fair Political Practices Commission 3-29-96 (Register 96, No. 21).
6. Amendment of subsection (b) and Appendix filed 3-31-98; operative 4-30-98. Approved by Fair Political Practices Commission 2-6-98 (Register 98, No. 14).
7. Amendment of Appendix filed 3-20-2000; operative 4-19-2000. Approved by Fair Political Practices Commission 1-24-2000 (Register 2000, No. 12).
8. Amendment of appendix filed 11-26-2001; operative 12-26-2001. Approved by Fair Political Practices Commission 10-2-2001 (Register 2001, No. 48).
9. Amendment of general provisions and Appendix filed 7-12-2005; operative 8-11-2005. Approved by Fair Political Practices Commission 5-16-2005 (Register 2005, No. 28).
Appendix A
Disclosure
Designated Positions Categories
OFFICE OF GENERAL COUNSEL
Chief Counsel 1
Assistant Chief Counsel 1
Staff Counsel (All Levels) 1
Chief Auditor 1
Management Auditor (All Classes) 5
PLAN DESIGN AND COMMUNICATION BRANCH
Deputy Chief Executive Officer 1
System Actuary 1
Staff Services Manager (All Levels) 5
Pension Program Managers (All Levels) 5
Communications Director 5
ADMINISTRATION BRANCH
Deputy Chief Executive Officer 1
Staff Service Manager (All Levels) 5
Accounting Administrator (All Levels) 5
Director, Facilities Management, Planning and Services 1
Business Services Officer (All Classes & All Levels) 5
Associate Business Management Analyst 5
Analyst, Contract Office (All Classes) 5
Information Security Officer 5
BENEFITS AND SERVICES BRANCH
Deputy Chief Executive Officer 1
Staff Services Manager (All Levels) 5
Pension Program Manager (All Levels) 5
Pension Program Supervisor 5
INVESTMENT BRANCH
Principal Investment Officer 1
Investment Officer (All Levels) 1
Associate Investment Officer 1
Assistant Investment Officer 1
Fiduciary Counsel 1
Authorized Personnel of External Investment Managers
(consultant/contractor*) -- Equities 2
Authorized Personnel of External Investment Managers
(consultant/contractor*) -- Fixed Income 3
Authorized Personnel of External Investment Managers
(consultant/contractor*) -- Real Estate 4,5
Authorized Personnel of External Alternative Investment Advisors
(consultant/contractor*) 1
ENTERPRISE INITIATIVES AND TECHNOLOGY BRANCH
Deputy Chief Executive Officer 1
Chief Information Officer 1
Data Processing Manager (All Levels) 5
Senior or Staff Information System Analyst (Supervisor) 5
Consultants
*Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation:
The Chief Executive Officer may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Chief Executive Officer's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.
Disclosure Categories
The following disclosure categories shall be subject to the terms, definitions, and conditions of the standard Conflict of Interest Code and any amendments thereto incorporated by reference in subparagraph (a) of Section 22000 above.
1. Designated individuals in Category 1 must report:
All interests in real property, all investments, all sources of income, including gifts, loans and travel payments, and all business positions in business entities.
2. Designated individuals in Category 2 must report:
a. Investments in and income, including gifts, loans and travel payments, from common and preferred stocks and equity equivalents, and
b. Income, including gifts, loans and travel payments, from and investments and business positions in any business entity that provides stock or other equity brokerage services.
3. Designated individuals in Category 3 must report:
a. Investments in and income, including gifts, loans and travel payments, from fixed-income securities, and
b. Income, including gifts, loans and travel payments, from and investments and business positions in any business entity that provides securities brokerage services.
4. Designated individuals in Category 4 must report:
a. Interests in and income, including gifts, loans and travel payments, from real property, and
b. Income, including gifts, loans and travel payments, from and investments and business positions in any business entity that provides real estate brokerage services.
5. Designated individuals in Category 5 must report:
Income, including gifts, loans and travel payments, from and investments and business positions in any business entity of the type which may contract with the California State Teachers' Retirement System to provide services, supplies, materials, machinery or equipment to the System.
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that individuals in the positions listed below are officials who manage public investments, within the meaning of Government Code Section 87200, and will file a Statement of Economic Interests under Category 1:
Board Members
Representatives of Ex-Officio Board Members
Chief Executive Officer
Chief Investment Officer
Directors (All Programs) -- Investment Branch
Individuals, including consultants, who, under contract, manage public investments, within the meaning of Government Code Section 87200, shall also file a Statement of Economic Interests under Category 1.
Article 12. Unused Excess Sick Leave
§23000. Definitions. [Repealed]
Note • History
NOTE
Authority cited: sections 22720 and 22210, Education Code. Reference: sections 22720 (a)(1) and (a)(2), Education Code.
HISTORY
1. New Article 12 (Sections 23000-23005) filed 1-29-87; effective thirtieth day thereafter (Register 87, No. 5).
2. Editorial correction of Reference cite (Register 95, No. 9).
3. Change without regulatory effect repealing section filed 10-24-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 43).
§23001. Certification. [Repealed]
Note • History
NOTE
Authority cited: Sections 22720 and 22210, Education Code. Reference: Sections 22209, 22720(a), (a)(1) and (a)(2) and 22719, Education Code.
HISTORY
1. New section filed 1-29-87; effective thirtieth day thereafter (Register 87, No.5).
2. Change without regulatory effect repealing section filed 10-24-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 43).
Note • History
NOTE
Authority cited: Section 22720 and 22210, Education Code. Reference: Section 22209 and 22720(a), Education Code.
HISTORY
1. New section filed 1-29-87; effective thirtieth day thereafter (Register 87, No. 5).
2. Change without regulatory effect repealing section filed 10-24-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 43).
Note • History
NOTE
Authority cited: Sections 22720 and 22210, Education Code. Reference: Section 22720, Education Code.
HISTORY
1. New section filed 1-29-87; effective thirtieth day thereafter (Register 87, No.5).
2. Change without regulatory effect repealing section filed 10-24-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 43).
§23004. Determination of Excess Sick Leave Days. [Repealed]
Note • History
NOTE
Authority cited: Sections 22720 and 22210, Education Code. Reference: Sections 22209 and 22720(a), Education Code.
HISTORY
1. New section filed 1-29-87; effective thirtieth day thereafter (Register 87, No.5).
2. Change without regulatory effect repealing section filed 10-24-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 43).
§23005. Delegation of Authority of Board to Chief Executive Officer.
Note • History
The Board, pursuant to Section 22203 of the Education Code, hereby delegates to the Chief Executive Officer the administration of the program, including but not limited to, the power to act finally in accordance with these regulations and the instructions and supervision of the Board. The Chief Executive Officer may, in turn, delegate his authority to his subordinates.
NOTE
Authority cited: Sections 22720 and 22210, Education Code. Reference: Sections 22203, 22204, 22209 and 22720, Education Code.
HISTORY
1. New section filed 1-29-87; effective thirtieth day thereafter (Register 87, No.5).
Article 13. Election of Members to the Teachers' Retirement Board
§24000. Board Member Elections.
Note • History
Teachers' Retirement Board (Board) member elections shall be conducted by the Election Coordinator designated by the Chief Executive Officer in accordance with this Article.
The Election Coordinator shall conduct the elections in the most cost-effective manner feasible.
NOTE
Authority cited: Section 22200.5, Education Code. Reference: Sections 22200 and 22200.5, Education Code.
HISTORY
1. New article 13 (sections 24000-24009) and section filed 5-15-2003; operative upon adoption by the Teachers' Retirement Board 3-6-2003. Submitted to OAL for printing only (Register 2003, No. 20).
Note • History
The Election Coordinator shall distribute a Notice of Election adopted by the Board in advance of each election containing candidate nomination and election guidelines, eligibility criteria for candidates and voters, how to obtain candidate nomination packets from the System, and the schedule of events.
NOTE
Authority cited: Section 22200.5, Education Code. Reference: Sections 22200 and 22200.5, Education Code.
HISTORY
1. New section filed 5-15-2003; operative upon adoption by the Teachers' Retirement Board 3-6-2003. Submitted to OAL for printing only (Register 2003, No. 20).
§24002. Nomination of Candidates.
Note • History
The Election Coordinator shall distribute candidate nomination packets containing a copy of the Notice of Election, petition form, nomination certification form, and copies of the rules and regulations governing the conduct of Board member elections, to members and participants who request a packet.
Members and participants shall qualify for nomination if they meet the eligibility criteria specified in the Notice of Election. Nomination shall be on the petition form provided by the System, signed by then currently eligible active members and then currently eligible active participants as defined in section 24004. Members and participants may sign more than one petition form. The minimum number of petition signatures required shall be determined by the Board and specified in the Notice of Election.
The candidate shall indicate on the petition form the specific Board member position for which he or she seeks election. An individual candidate may not be a candidate for more than one Board member position during any particular election.
The petition form shall include the signature and legible printed name of each member or participant signing the petition, month and day of birth, and the last 4 digits of his or her Social Security Number. Any signature not accompanied by all of the required information shall be invalidated.
Each candidate shall certify on the nomination certification form provided by the System that he or she accepts the nomination, consents to serve if elected, agrees to comply with the rules and regulations governing the conduct of Board member elections, and abide by a drawing of lots by the Election Coordinator in case of a tied vote.
Only those nomination certification forms and petition forms received in the headquarters office of the System by the deadline specified in the Notice of Election shall be accepted. The candidate must submit the nomination certification form and petition form containing at least the minimum required number of valid signatures in one packet at one time. Completed petition forms and nomination certification forms transmitted via facsimile to the headquarters office of the System by the deadline specified in the Notice of Election shall be accepted if the original completed forms are received in the headquarters office of the System within seven calendar days following the deadline.
The Election Coordinator shall verify the identity and eligibility of individuals who sign candidates' petition forms through sampling or another reasonable and cost-effective method, and shall certify qualified candidates for the Board member election.
The position of candidate names and statements in election materials distributed by the System to eligible voters shall be chosen by lot conducted by the Election Coordinator at the time he or she certifies valid nominating petitions.
The Election Coordinator shall notify qualified candidates of their certification, and the position of their names and statements in election materials distributed by the System. All deadlines and instructions related to the drafting of candidate statements shall be distributed to all qualified candidates in the notification letter. Upon distributing notification letters to qualified candidates, the Election Coordinator shall make public the names of the qualified candidates for the Board member election.
Where only one candidate has been nominated, the Election Coordinator shall, upon verification of the signatures presented in the nominating petition and upon the candidate's certification of his or her nomination acceptance, cancel the remaining election procedures and designate the single candidate to be certified by the Chief Executive Officer as elected.
If no candidate has been nominated in an election, or if no candidate has presented a valid petition form and nomination certification form for an election as required above, the Election Coordinator shall extend the nomination period for an additional 21 calendar days and publicize his or her action to active members and participants and other interested parties.
NOTE
Authority cited: Section 22200.5, Education Code. Reference: Section 22200, Education Code.
HISTORY
1. New section filed 5-15-2003; operative upon adoption by the Teachers' Retirement Board 3-6-2003. Submitted to OAL for printing only (Register 2003, No. 20).
2. Amendment of second and third paragraphs filed 5-11-2009; operative upon adoption by the State Teachers' Retirement System 4-2-2009. Amendments are exempt from the Administrative Procedure Act and exempt from OAL review pursuant to Education Code section 22200.5(c) (Register 2009, No. 20).
Note • History
(a) As part of a candidate statement, each candidate shall provide the following information in the format specified by the Election Coordinator:
(1) Name.
(2) Job Title.
(3) Employer.
(4) Status as either an active member of the Defined Benefit Program or a participant of the Cash Balance Benefit Program and years of service as a member or participant.
(5) A list of no more than 5 previous job positions held.
(6) A list of no more than 5 organizations to which the candidate belongs and positions held in those organizations.
(b) As part of a candidate statement, a candidate may provide a list of no more than 10 endorsements by individuals or entities,
(c) As part of a candidate statement, a candidate may provide answers to the following questions:
(1) What do you think should be the primary role of a member of the Teachers' Retirement Board?
(2) How do you think you could contribute to CalSTRS as a member of the Teachers' Retirement Board?
(3) What education and training do you possess that has prepared you to serve as a member of the Teachers' Retirement Board?
A candidate's answers to the preceding three questions indicating his or her opinion or positions on issues of general concern to the System's membership may be included, so long as they are clearly stated as the candidate's opinion or view and do not exceed the length limits specified by the Board in the Notice of Election. The answers must be truthful, and must not include any remarks or questions that are inherently misleading, including rhetorical remarks and questions that are inherently misleading. Answers may not refer to individual members of the Board or other candidates for election to the Board by name or inference.
Any portion of a candidate's answers to the questions above which, in total, exceeds the length limits specified by the Board in the Notice of Election will not be distributed.
(d) The candidate statement shall be filed with the Election Coordinator by the deadline indicated in the notification letter sent to qualified candidates. Once filed, statements may not be changed or withdrawn except by the Election Coordinator. Any candidate statement received after the deadline will not be distributed.
The Election Coordinator shall distribute candidate statements to the candidates in each contest following the candidate statement filing deadline. The Election Coordinator shall accept written comments concerning a candidate statement from opposing candidates for fourteen calendar days following the date he or she distributes the submitted candidate statements. The Election Coordinator shall attempt to resolve a dispute between candidates over a submitted candidate statement. Only those written comments that allege a candidate statement violates the provisions of this Section may be considered.
The Election Coordinator shall reject or edit any statement which he or she determines contains obscene, vulgar, profane, scandalous, untrue, libelous or defamatory matter or which does not meet the statement limitations stated above. The Election Coordinator may request the candidate to verify the truthfulness of any factual statements. The candidate shall provide timely verification upon such request as specified in the notification letter sent to qualified candidates. The Election Coordinator shall remove any portion of the candidate's statement a candidate is unable to verify. All decisions by the Election Coordinator related to candidate statements are final.
Nothing in this section shall be deemed to make candidate statements or the authors thereof free or exempt from any civil or criminal action or penalty because of any false, slanderous or libelous statements offered for printing or distributed to voters. Information contained in the statement is the responsibility of the candidate and the System shall not be held responsible for the validity of any candidate statement or the contents thereof.
Following the review of candidate statements by the Election Coordinator, he or she shall distribute to each candidate in the respective contest all candidate statements as they shall appear in election materials distributed to eligible voters.
Any copy or representation of election material, such as the ballot or campaign materials that include the System name, logo or registered mark of the System, shall include a disclaimer that neither the System nor the Teachers' Retirement Board endorses any particular candidate or position.
NOTE
Authority cited: Section 22200.5, Education Code. Reference: Section 22200, Education Code.
HISTORY
1. New section filed 5-15-2003; operative upon adoption by the Teachers' Retirement Board 3-6-2003. Submitted to OAL for printing only (Register 2003, No. 20).
2. Amendment adding final paragraph filed 5-11-2009; operative upon adoption by the State Teachers' Retirement System 4-2-2009. Amendments are exempt from the Administrative Procedure Act and exempt from OAL review pursuant to Education Code section 22200.5(c) (Register 2009, No. 20).
Note • History
The Election Coordinator shall cause ballots and candidate statements to be distributed in advance of each election to each eligible active member and participant for whom the System has a valid mailing address recorded. The Election Coordinator shall provide a means for eligible active members and participants for whom the System does not have a valid mailing address recorded to request ballots and candidate statements. The Election Coordinator shall provide for the return of the voted ballots to the Board without cost to the eligible active member or participant. For purposes of this Article, “eligible active member” or “eligible active participant” means a member of the Defined Benefit Program or a participant of the Cash Balance Benefit Program, respectively, who is employed, on the date, or during the period specified in the Notice of Election's criteria for voter eligibility, by an employer.
NOTE
Authority cited: Section 22200.5, Education Code. Reference: Section 22200, Education Code.
HISTORY
1. New section filed 5-15-2003; operative upon adoption by the Teachers' Retirement Board 3-6-2003. Submitted to OAL for printing only (Register 2003, No. 20).
Note • History
The Election Coordinator shall create reasonable procedures to ensure ballots are secured and canvassed in a manner consistent with commonly accepted election practices.
Valid ballots shall be canvassed publicly by an independent, neutral agent appointed by the System for that purpose on the date specified in the Notice of Election at a location to be designated by the System.
Depending upon the method of balloting selected by the Election Coordinator, the following are declared to be invalid ballots and shall not be counted in the election:
a. Votes cast for individuals not listed as candidates on the official ballot.
b. Ballots submitted by a person who is not an eligible voter.
c. A duplicate ballot is received from the same voter.
d. Votes cast in excess of that allowed on the ballot.
e. Ballots not forwarded or received within the time period prescribed by the Notice of Election.
f. If a paper ballot is not forwarded through the United States Postal Service in the valid pre-addressed and stamped return envelope that is furnished.
g. Electronic ballots not cast in the manner prescribed by the System.
The candidate receiving the highest number of votes, or the winning lot as drawn by the Election Coordinator in case of a tie vote, or the single candidate, shall be certified by the Chief Executive Officer as having been elected.
NOTE
Authority cited: Section 22200.5, Education Code. Reference: Section 22200, Education Code.
HISTORY
1. New section filed 5-15-2003; operative upon adoption by the Teachers' Retirement Board 3-6-2003. Submitted to OAL for printing only (Register 2003, No. 20).
2. Repealer of subsection g. and subsection relettering filed 5-11-2009; operative upon adoption by the State Teachers' Retirement System 4-2-2009. Amendments are exempt from the Administrative Procedure Act and exempt from OAL review pursuant to Education Code section 22200.5(c) (Register 2009, No. 20).
§24006. Notice of Election Results.
Note • History
(a) Within three business days after the public ballot canvassing, or after verification of the nominating signatures pursuant to Section 24002 where the Election Coordinator certifies only one qualified candidate in an election for a position on the Board, the Election Coordinator shall transmit the election results to the Chief Executive Officer for his or her certification.
(b) Following certification by the Chief Executive Officer, the Election Coordinator shall notify candidates, Board members and other interested parties of the certified results. Notification to the newly elected Board member shall include an Oath of Office form. This form is to be signed by the Board member-elect in the presence of a notary public and returned to the System. The Election Coordinator shall file the Oath with the Secretary of State.
(c) Upon the Chief Executive Officer's certification and proper execution of the Oath of Office form, the Board member elected through this process shall take his or her office on either the day provided for by statute or immediately, if elected to fill a vacancy.
NOTE
Authority cited: Section 22200.5, Education Code. Reference: Section 22200, Education Code.
HISTORY
1. New section filed 5-15-2003; operative upon adoption by the Teachers' Retirement Board 3-6-2003. Submitted to OAL for printing only (Register 2003, No. 20).
§24007. Recount of an Election.
Note • History
(a) A candidate in the affected Board member election may file a written request with the Election Coordinator at the headquarters office of the System for recount within ten business days following the distribution of the certified election results; otherwise, there shall be no opportunity for requesting a recount and the certified election results stand as the final results.
(b) A request for a recount shall not delay the seating of an elected Board member. Such elected Board member shall take office on either the day provided for by statute or immediately, if elected to fill a vacancy, subject to the potential termination of such Board membership as a result of the recount.
(c) A candidate in the affected Board member election may request a recount of the valid ballots only if the difference in the number of votes cast between the candidate requesting the recount and the unofficial winner is less than 3 percent of the total number of valid ballots cast. A written request for a recount shall specify the election to be recounted, shall be signed by the candidate requesting the recount, and may specify any other relevant material to be examined.
(d) The Election Coordinator shall set a date for the recount upon receipt of the written request, and shall confirm this date upon receipt of the estimated cost to conduct the recount. The estimated cost of conducting a recount will include the System's administrative cost and the costs of the independent, neutral agent appointed by the System to canvass the valid ballots. Legal tender of the amount of the estimated cost of conducting the recount shall be submitted by the candidate requesting the recount to the Election Coordinator within three business days following notification of the estimated cost to conduct the recount; otherwise, the recount shall be terminated.
(e) If the results of the recount do not change the ranking of the candidates then the certified results shall stand as the final election results. In this case, if the actual cost of the recount is less than the estimated cost deposited by the requester, the System shall refund the amount which exceeds the actual cost; if the actual cost of the recount is more than the estimated cost, the System shall invoice the requester for the difference.
(f) If the results of the recount do change the ranking of the candidates, then the recount results shall be certified by the Chief Executive Officer and shall stand as the final election results. In this case, the System shall refund the amount of the estimated cost deposited by the requester.
NOTE
Authority cited: Section 22200.5, Education Code. Reference: Section 22200, Education Code.
HISTORY
1. New section filed 5-15-2003; operative upon adoption by the Teachers' Retirement Board 3-6-2003. Submitted to OAL for printing only (Register 2003, No. 20).
§24008. Protest of an Election.
Note • History
A candidate in the affected Board member election may protest an election by filing a written protest with the Election Coordinator at the headquarters office of the System within ten business days following the mailing of the certified election results for an election or a recount, otherwise, there shall be no opportunity for filing a protest and the certified election results shall stand as the final election results. The written protest shall be identified using the word “protest”, shall specify the election, and shall state the grounds of the protest and suggested remedy.
Upon receipt of a valid and timely protest, the Election Coordinator shall mail a copy of the request to all candidates in the election and notify the Board and other interested parties that a protest has been filed.
An ad-hoc committee of the Board consisting of an odd number of members no fewer than three shall determine, what remedy, if any, shall be granted to the candidate filing the protest. No Board member who is a candidate in the election under protest, or has endorsed a candidate in the election under protest may become a member of the committee or participate in its selection.
The Board chairperson shall appoint Board members to the committee. If the Board chairperson is a candidate or has endorsed a candidate in the election under protest, the Board vice chairperson shall appoint Board members to the committee. If the Board vice chairperson is a candidate or has endorsed a candidate in the election under protest, the Board shall appoint from its number, members to the committee at its next regularly scheduled meeting.
If a minimum of three Board members are not eligible to participate on the ad-hoc committee, or if a majority of the full Board, excluding candidates but including endorsers of candidates so directs, the protest shall instead be determined by a panel of three arbitrators in accordance with the provisions below, the laws of the State of California, and the Labor Arbitration rules of the American Arbitration Association (AAA) in effect at the time, to the extent the AAA rules are not in conflict with these regulations. One member of the panel shall be selected by the protesting candidate, one member of the panel shall be selected by the successful candidate, and the third member, who shall serve as chair, shall be selected by the first two panel members.
The committee may consider written and/or oral arguments submitted by the candidate filing the protest and any other interested party, in making its determination. Any oral proceedings by the committee shall be held in the Board's meeting room and be open to the public. Other procedures, including those for receiving and considering arguments and factual allegations, shall be determined by the committee or arbitration panel in its sole discretion.
The determination of the committee or arbitration panel shall be rendered within 30 calendar days of its appointment and shall be final and binding on the System and candidates for office. The committee or arbitration panel shall declare the election under protest void, and the position vacant, only upon a finding that Board-adopted election procedures were not substantially followed and that, without this lack of substantial compliance, the election outcome would likely have been different.
The filing of a protest shall not delay the seating of an elected Board member. Such elected Board member shall take office on either the day provided for by statute or immediately, if elected to fill a vacancy, subject to the potential termination of such Board membership as a result of the protest. Any newly elected member, as the result of a protest, shall hold office for a period equal to the remainder of the term of the vacated office.
NOTE
Authority cited: Section 22200.5, Education Code. Reference: Section 22200, Education Code.
HISTORY
1. New section filed 5-15-2003; operative upon adoption by the Teachers' Retirement Board 3-6-2003. Submitted to OAL for printing only (Register 2003, No. 20).
§24009. Elections for Vacant Elected Seats.
Note • History
The Board shall provide public notice that an elected seat on the Board has been vacated at or before its next regularly scheduled meeting.
The Board shall hold special elections to fill vacancies that occur during the term of the elected members of the Board by distributing a Notice of Election for a vacated seat within 90 calendar days of the vacancy. An election shall be held within 180 calendar days of the distribution of the Notice of Election.
NOTE
Authority cited: Section 22200.5, Education Code. Reference: Sections 22200 and 22200.5, Education Code.
HISTORY
1. New section filed 5-15-2003; operative upon adoption by the Teachers' Retirement Board 3-6-2003. Submitted to OAL for printing only (Register 2003, No. 20).
Article 14. Investment Relationships and Campaign Contributions
§24010. Prohibitions on Campaign Contributions.
Note • History
(a) No party engaging or seeking to engage in an Investment Relationship with CalSTRS may make any campaign contributions, as defined in The Political Reform Act (Gov. Code, §81000 et seq.), valued in excess of $1,000, individually, or $5000 in the aggregate from the party engaged in the Investment Relationship and the individuals identified in subdivision (d) collectively, in any twelve month period beginning on the dates identified in subdivision (e), to any person designated in subdivision (c) below.
(b) For purposes of this Article 14, “Investment Relationship” means a relationship between a non-governmental party and CalSTRS for the purpose of providing investment services such as money management or fund management services, investment advice or consulting (including making recommendations for the placement or allocation of investment funds), and investment support services (including market research, fund accounting, custodial services, and fiduciary advice) for investments placed in the Teachers' Retirement Fund.
(c) This prohibition applies to campaign contributions made to or on behalf of CalSTRS officers and employees, any existing Teachers' Retirement Board member, the Governor, Controller, Treasurer, and Superintendent of Public Instruction, candidates for Teachers' Retirement Board member, and candidates for the offices of Governor, Controller, Treasurer, and Superintendent of Public Instruction.
(d) This prohibition applies to those parties currently engaging in or seeking to engage in an Investment Relationship with CalSTRS which is expected to generate at least $100,000 annually in income, fees, or other revenue to the party, and specifically includes:
(1) Those individuals employed by or associated with the parties described in this Section 24010(b), above, who are required to file a Form 700 Statement of Economic Interest pursuant to Government Code Section 81000 et seq., the Fair Political Practices Commission Regulations contained in Title 2, Division 6, California Code of Regulations Section 18109 et seq., and the Teachers' Retirement System Regulations contained in Title 5, Division 3, California Code of Regulations Section 22000, et seq.; or
(2) “Authorized Personnel/Key Personnel” as defined and identified by the contracting party in the “Authorized Personnel/Key Personnel exhibit” incorporated in or attached to the contract between the contracting party entering into the Investment Relationship and CalSTRS; or
(3) Those individuals who expect to and/or do experience a material financial effect on their economic interests including salary, bonuses, options, or other financial incentives directly deriving from an Investment Relationship with CalSTRS.
This prohibition also applies to contributions from any other entities or individuals made at the direction of such parties identified above in this subdivision (d).
(e) For parties defined in subdivision (d) above, the prohibition set forth in this section shall apply to the time period which begins
(1) On the date CalSTRS first announces a procurement or search process that could lead to an Investment Relationship which is likely to generate at least $100,000 annually in income, fees, or other revenue to the party; or
(2) On the date a party identified in subdivision (d) above approaches CalSTRS with a proposal to enter into an Investment Relationship with CalSTRS by discussing the specific facts and financial terms of a particular investment transaction or strategy, whichever is earlier, and ends when the Investment Relationship is terminated by any party for any reason, or when CalSTRS communicates its decision not to pursue the Investment Relationship.
NOTE
Authority cited: California Constitution, Article XVI, Section17; and Sections 22202, 22207, 22208, 22214, 22250, 22253 and 22305, Education Code. Reference: California Constitution, Article XVI, Section17; and Sections 22250 and 22253, Education Code.
HISTORY
1. New article 14 (sections 24010-24013) and section filed 10-29-2007; operative 11-28-2007 (Register 2007, No. 44).
§24011. Disclosure and Recusal Requirement for Campaign Contributions.
Note • History
(a) No CalSTRS officer, employee or current Teachers' Retirement Board member, including the Controller, Treasurer, and Superintendent of Public Instruction shall make, participate in making or in any way attempt to use his or her official position to influence a decision involving an Investment Relationship with CalSTRS if the officer, employee or member has received, solicited or directed a campaign contribution, as defined in The Political Reform Act (Gov. Code, §81000 et seq.), valued in excess of $1,000, individually or $5000 in the aggregate, in any twelve month period prior to the dates identified in Section 24010, subdivision (e) from any person designated in Section 24010, subdivision (d). For purposes of this section, a member appointed by the Governor and the Director of Finance shall also be deemed to have received a contribution if the Governor who appointed the member or Director of Finance has received a contribution within the twelve month period prior to the dates identified in Section 24010, subdivision (e) from any person designated in Section 24010, subdivision (d).
(b) If the disqualification provision of subdivision (a) results in the lack of a quorum for the purposes of taking action on any item before the Board or any of its committees, a sufficient number of Board members to constitute a quorum shall be drawn by lot from the otherwise disqualified Board members for the purpose of establishing a quorum and taking action on items before the Board or any of its committees. Board members who have been drawn by lot to constitute a quorum shall have their participation deemed as necessary and shall be exempt from the restrictions of subdivision (a) for the purpose of establishing a quorum and participating in the deliberations and voting on an item for which a quorum could not be established absent this waiver of the restrictions of subdivision (a).
NOTE
Authority cited: California Constitution, Article XVI, Section17; and Sections 22202, 22207, 22208, 22214, 22250, 22253 and 22305, Education Code. Reference: California Constitution, Article XVI, Section17; and Sections 22250 and 22253, Education Code.
HISTORY
1. New section filed 10-29-2007; operative 11-28-2007 (Register 2007, No. 44).
§24012. Remedies, Enforcement and Safe Harbors.
Note • History
(a) CalSTRS' General Counsel shall cause an independent investigation to be performed for any reported violation of Sections 24010 and 24011, and report any documented violation to the Board for action.
(b) If any party seeking an Investment Relationship with CalSTRS is found to be in violation of Section 24010, that party shall be disqualified from engaging in an Investment Relationship with CalSTRS for a period of two years.
(c) Any party who has an existing Investment Relationship with CalSTRS and who is found to be in violation of the provisions of Section 24010 shall be subject to disqualification from doing future or additional business with CalSTRS for a period of two years.
(d) If a party voluntarily reports a violation of Section 24010 to the CalSTRS General Counsel within ninety days of the contribution being made and it is established pursuant to an independent investigation that the violation was inadvertent, the disqualification provision of subdivision (c) will not be applied. This safe harbor provision does not apply to a knowing or intentional violation of Section 24010.
(e) CalSTRS staff shall maintain a current list of parties engaged in an Investment Relationship subject to Section 24010, subdivision (d). The disclosure and recusal requirements of Section 24011, subdivision (a) shall not apply to any CalSTRS officer, employee or current Teachers' Retirement Board member, including the Controller, Treasurer, and Superintendent of Public Instruction if the Investment Relationship has not been published on the list maintained by CalSTRS staff.
NOTE
Authority cited: California Constitution, Article XVI, Section17; and Sections 22202, 22207, 22208, 22214, 22250, 22253 and 22305, Education Code. Reference: California Constitution, Article XVI, Section17; and Sections 22250 and 22253, Education Code.
HISTORY
1. New section filed 10-29-2007; operative 11-28-2007 (Register 2007, No. 44).
Note • History
Thins not specifically defined herein are defined in the Government Code, the Education Code, the Political Reform Act, the Fair Political Practices Commission Regulations, and the Teachers' Retirement System Regulations.
NOTE
Authority cited: California Constitution, Article XVI, Section17; and Sections 22202, 22207, 22208, 22214, 22250, 22253 and 22305, Education Code. Reference: California Constitution, Article XVI, Section17; and Sections 22250 and 22253, Education Code.
HISTORY
1. New section filed 10-29-2007; operative 11-28-2007 (Register 2007, No. 44).
Article 15. Supplemental Benefit Maintenance Account
§26000. Supplemental Benefit Maintenance Account Purchasing Power Protection.
Note • History
(a) Purpose. The purpose of this regulation is to outline and implement the process whereby the Board adjusts the purchasing power protection provided by the Supplemental Benefit Maintenance Account (SBMA) including the frequency and timing of actuarial projections and adjustments to the target percentage of purchasing power.
(b) Actuarial Projection.
(1) The Board shall adopt an actuarial projection pursuant to subdivision (a) of Education Code section 22954.1 no less frequently than every two years.
(A) The first actuarial projection shall be based on existing assets and liabilities of the SBMA as of June 30, 2009.
(B) The actuarial projection shall be based on actuarial assumptions adopted by the Board.
(c) Percentage of Purchasing Power.
(1) Pursuant to the requirements of Education Code sections 22954.1 and 24415.5, the Board shall set the percentage of purchasing power to be protected at the actuarial projection level most recently adopted by the Board pursuant to subsection (b) above.
(2) The percentage of purchasing power shall be established in half percentage point increments.
(3) The actuarial level of the percentage of purchasing power shall be rounded to the nearest half percentage point.
(d) Sustainability Level.
(1) The Board shall set the date through which the level of benefits is to be maintained.
(2) The initial date for sustainability of the level of benefits shall be through and including June 30, 2159.
(3) The Board shall re-examine and amend this date no more frequently than every ten years and no less frequently than every twenty years based upon actuarial projections.
(4) The sustainability level shall be approximately twice the estimated length of membership for those members of the Defined Benefit Program at the time the date is reviewed.
(5) The change in date shall be made by plan amendment adopted by the Board with the actuarial assumptions adopted by the Board pursuant to subsection (b).
(e) Adjustments to Percentage of Purchasing Power.
(1) Any adjustment in the percentage of purchasing power adopted shall be effective as of October 1, subject to the limitations set forth above.
(2) The adjustment in the percentage of purchasing power protection in any one year shall be equal to the greater of:
(A) one-half percentage point; or
(B) one-fourth of the change in amount of the SBMA percentage, subject to the requirement of subdivision (c)(3) that the percentage of purchasing power shall be established in half-percentage point increments, with the largest incremental change occurring in the initial years.
NOTE
Authority cited: Section 24415.5, Education Code. Reference: Sections 22954.1, 22954.5 and 24415.5, Education Code.
HISTORY
1. New article 15 (section 26000) and section filed 4-30-2009; effective 4-30-2009 pursuant to Government Code section 11343.4(c). Exempt from rulemaking provisions of the APA and OAL review pursuant to Education Code section 24415.5(e) (Register 2009, No. 18).
Article 16. Member's Right to Internal Informal Appeal of a Determination by CaISTRS Staff of a Right to a Benefit or Obligation
Note • History
(a) For purposes of this article, an applicant seeking an administrative remedy is defined as any member, former member, participant, former participant, or beneficiary requesting review or appealing with respect to payment of allowances, benefits or refunds, or with respect to crediting service, or correction of records pursuant to Parts 13, 13.5 and 14 of Division 1 of Title 1 of the Education Code and Title 5, Division 3, Chapter 1, section 20520 of the California Code of Regulations.
(b) For purposes of this article, Program Executive is defined as the CalSTRS Executive, or his/her designee, overseeing the Program Area to which the administrative matter was assigned, as deemed appropriate by the System.
(c) For purposes of this article, a Decision means a decision designated as final by a Director of the Program Area, or his/her designee, to which the administrative matter was assigned, as deemed appropriate by the System.
(d) For purposes of this article, a Determination means a determination made by the Program Executive, the Director of Audit Services, or his/her designee.
(e) For purposes of this article, System Headquarters is defined by Education Code section 22375.
(f) For purposes of this article, a Field Office is a retirement counseling office defined by Education Code section 22303 which is either established by contract or by the System.
NOTE
Authority cited: California Constitution, Article XVI, Section 17; and Section 22219, Education Code. Reference: Sections 22107, 22108, 22146, 22161.5, 22174, 22303, 22375 and 26132, Education Code.
HISTORY
1. New article 16 (sections 27100-27103) and section filed 2-9-2012; operative 3-10-2012 (Register 2012, No. 6).
§27101. Administrative Remedy for Benefits & Services and Financial Services.
Note • History
(a) Any applicant who disagrees with a Decision, excluding audit findings as referenced in section 27102, may request a review of that Decision by the Program Executive. The request for review must:
(1) Be made in writing;
(2) Be addressed to the Program Executive;
(3) State all facts, any basis in the Education Code or other law that applicant believes are relevant, and any other pertinent information, which may include but is not limited to medical records, which the applicant relies on to dispute the Decision.
(A) The stated facts, law, and pertinent information, which may include but is not limited to medical records, must be submitted with all documentary evidence applicable to the disputed Decision. If there is no documentary evidence, the writing should expressly state there is an absence of such evidence.
(B) It is the applicant's burden to show that the facts, law, and pertinent information would provide a legal basis for CalSTRS to reverse the Decision.
(4) Within forty-five (45) days after the date of the disputed written Decision, be received by the System Headquarters or by a CalSTRS Field Office or at the following email address: [CalSTRSInternalReview@calstrs.com].
(b) CalSTRS will inform the applicant of the applicant's right to an administrative hearing. CalSTRS will also refer the applicant to the Office of Administrative Hearings (OAH) for information pertaining to administrative hearings, notify the applicant that the applicant has a right to self-representation or counsel at their own expense and that CalSTRS will be represented by counsel.
(c) If the applicant's request for review by a Program Executive (“Executive Review”) does not contain additional information or legal basis for review beyond the facts and/or documentary evidence previously provided to or obtained by the program area and merely repeats information previously provided, the applicant's request for Executive Review by the Program Executive shall be denied and the applicant may request an administrative hearing. The Program Executive may consult with CalSTRS staff prior to denying applicant's request for Executive Review.
(d) If the Program Executive determines that the applicant has provided sufficient additional information or legal basis for review, the Program Executive will review the Decision and make one of the following Determinations:
(1) Based upon review of the law and facts, including any additional information provided by applicant, applicant has not provided a legal basis to reverse the Decision and has therefore failed to meet his or her legal burden. The Program Executive shall inform the party in writing of the Determination and the applicant's right to an administrative hearing.
(2) Informal fact finding is necessary in regard to the applicant's dispute with the Decision and the matter is referred to staff for investigation. The informal factual investigation may include, but is not limited to, inquiries made to the applicant and requests for further documentary evidence pursuant to Education Code sections 22207, 22250, 22450, 24003, 24103, and 26002. The applicant must in good faith cooperate with and respond to staff.
(A) The applicant must respond in writing, either through mail, facsimile or email, to any inquiries made and/or requests for further documentary evidence. If the applicant fails to respond in writing or produce documentary evidence within forty-five (45) days after the inquiry or request was made, the applicant shall be deemed to have waived the right to pursue any additional administrative remedies. Accordingly, the Decision will be deemed to be a Determination by the Program Executive.
(B) At the discretion of the Program Executive an extension to respond to any inquiries made and/or requests for further documentary evidence may be granted if the request for an extension is made prior to the last day to respond, in writing, and received at the System Headquarters, at a CalSTRS field office, or at the following email address: [CalSTRSInternalReview@calstrs.com].
(C) Upon completion of the informal factual investigation, the Program Executive will conduct a review of the additional information, the legal basis for review that applicant believes are relevant, and the information gathered through investigation. The review may include consultation with, including but not limited to, staff, the Ombudsman, a Legal Services representative, and a representative from the relevant program area. After the review is complete, the Program Executive shall make a Determination and shall inform the applicant in writing within fifteen (15) days. If the applicant disagrees with the Program Executive's Determination under subdivisions d(1) or d(2)(C) of this section, the applicant may request an administrative hearing.
(e) The request for an administrative hearing shall be directed to CalSTRS Legal Services within ninety (90) days of the date of the Determination signed by the Program Executive. The request shall be in writing and mailed to the following address: CalSTRS Legal Services, PO Box 15275, MS #3, Sacramento, CA 95851. If the applicant fails to make a written request for administrative hearing within the time prescribed, the Program Executive's Determination shall be final and the right to an administrative hearing shall be deemed waived.
NOTE
Authority cited: California Constitution, Article XVI, Section 17; and Sections 22219 and 26002, Education Code. Reference: Sections 22207, 22250, 22303, 22375, 22450, 22455, 24003, 24103, 26002, 26132 and 26301, Education Code; and Sections 11415.40 and 11505(b), Government Code.
HISTORY
1. New section filed 2-9-2012; operative 3-10-2012 (Register 2012, No. 6).
§27102. Administrative Remedy for Audits.
Note • History
(a) If an applicant, as defined in Section 27100, subdivision (a) or an entity, including but not limited to a public agency or employer, is affected by the preliminary findings of an audit pursuant to Education Code section 22206, the applicant or the entity may provide a written response to the preliminary audit findings. A final audit report is a Determination and is not subject to internal review by a Program Executive (“Executive Review”) or the Director of Audit Services.
(b) CalSTRS will inform the applicant or entity of the applicant's or entity's right to an administrative hearing. CalSTRS will also refer the applicant to the Office of Administrative Hearings (OAH) for information pertaining to administrative hearings and provide notification of the right to self-representation or counsel at their own expense and that CalSTRS will be represented by counsel.
(c) If an applicant or entity disagrees with the final audit Determination, the applicant or entity may request an administrative hearing. The request for an administrative hearing shall be directed to the CalSTRS Legal Services within ninety (90) days from the date of the final audit Determination. The request shall be in writing and mailed to the following address: CalSTRS Legal Services, PO Box 15275, MS #3, Sacramento, CA 95851. If an applicant or entity fails to request an administrative hearing within the time prescribed, such Determination or action shall be final and the right to an administrative hearing shall be deemed waived.
NOTE
Authority cited: California Constitution, Article XVI, Section 17; and Section 22219, Education Code. Reference: Sections 22206 and 22375, Education Code; and Section 11505(b), Government Code.
HISTORY
1. New section filed 2-9-2012; operative 3-10-2012 (Register 2012, No. 6).
§27103. Administrative Hearing.
Note • History
Following the timely receipt of an administrative hearing request, the CalSTRS Legal Services or the Attorney General's Office will process the request for hearing in accordance with the provisions of Education Code section 22219, subdivision (b) relating to administrative litigation.
NOTE
Authority cited: California Constitution, Article XVI, Section 17; Section 22219, Education Code; and Section 11501, Government Code. Reference: Section 22219, Education Code.
HISTORY
1. New section filed 2-9-2012; operative 3-10-2012 (Register 2012, No. 6).
Division 4. California Student Aid Commission
Chapter 1. California Student Aid Commission
Article 1. Definition of Certain Terms
Note • History
For Cal Grant A and B an academic year means two semesters or three quarters or their equivalent within a 12-month period. An academic year may include a summer quarter in those colleges which maintain a summer quarter comparable to either the fall, winter or spring quarters. For Cal Grant C an academic year means a period of time usually eight or nine months during which a full-time student would normally be expected to complete the equivalent of two semesters, two trimesters, or three quarters of instruction.
NOTE
Authority cited: Section 69544, Education Code. Reference: Sections 69500-69515 and 69530-69547, Education Code.
HISTORY
1. Repealer of Article 1 (Sections 30000-30006) and new Article 1 (Sections 30000-30006) filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24). For prior history, see Register 69, No. 51 and Register 59, No. 7.
2. Amendment filed 6-18-82; effective thirtieth day thereafter (Register 82, No. 25).
3. Amendment of Note filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
4. Amendment of Note refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of Note as it existed prior to 8-9-2010 emergency amendment by operation of Government Code section 11346.1(f) (Register 2011, No. 20).
History
A grant recipient is a person who has successfully met all of the requirements set forth in Education Code Sections 69530 to 69547, who has been selected for a grant by the California Student Aid Commission, and who has accepted the grant in terms of attending a school or college to which he has been admitted.
A Cal Grant A recipient, as defined in Education Code Section 69532, may utilize a grant for tuition and fees as in Education Code Section 69536; a Cal Grant B Recipient, as defined in Education Code Section 69532, may utilize a grant for tuition, fees and subsistence as in Education Code Section 69538; a Cal Grant C recipient, as defined in Education code Section 69532, may utilize a grant for occupational or technical training for tuition and training-related costs as in Education Code Section 69539.
HISTORY
1. Amendment filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
2. Amendment refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to 8-9-2010 emergency amendment by operation of Government Code section 11346.1(f) (Register 2011, No. 20).
§30001.5. Mandatory Systemwide Fees.
Note • History
“Mandatory systemwide fees” at the University of California and the California State University, referenced in Education Code section 66021.2(b)(1) and 66021.2(b)(2), include mandatory systemwide student charges labeled as the Educational Fee, Student Services Fee, tuition, and/or tuition fee.
NOTE
Authority cited: Section 69433.7, Education Code. Reference: Section 66021.2, Education Code.
HISTORY
1. New section filed 3-24-2011 as an emergency; operative 3-24-2011 (Register 2011, No. 12). A Certificate of Compliance must be transmitted to OAL by 9-20-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 9-19-2011 as an emergency; operative 9-19-2011 (Register 2011, No. 38). A Certificate of Compliance must be transmitted to OAL by 12-19-2011 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 12-19-2011 as an emergency; operative 12-19-2011 (Register 2011, No. 51). A Certificate of Compliance must be transmitted to OAL by 3-19-2012 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-19-2011 order transmitted to OAL 1-18-2012 and filed 3-1-2012 (Register 2012, No. 9).
Note • History
An eligible applicant is any person who has successfully met the requirements set forth in Sections 69530 to 69547, Education Code, and has submitted in proper form and prior to established deadlines such applications, supplements and transcripts of academic record, and financial and other information as the California Student Aid Commission may direct.
NOTE
Authority cited: Section 69544, Education Code. Reference: Sections 69534-69536, 69538, 69539 and 69541, Education Code.
HISTORY
1. Amendment filed 6-18-82; effective thirtieth day thereafter (Register 82, No. 25).
2. Amendment of section and Note filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
3. Amendment of section and Note refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section and Note as they existed prior to 8-9-2010 emergency amendment by operation of Government Code section 11346.1(f) (Register 2011, No. 20).
A full-time, regularly enrolled undergraduate student is one who is regularly enrolled for a semester or quarter program of not less than 12 (twelve) credit hours or units or their equivalent.
A part-time student is one who is taking 6-11 units or their equivalent. A student enrolled for 9-11 units or their equivalent is considered 3/4-time and a student enrolled for 6-8 units or their equivalent is considered 1/2-time.
§30005. Eligibility Limitations.
Note • History
Undergraduate course means the first eight semesters or twelve quarters or their equivalent of full-time college attendance beyond the high school graduation and prior to a baccalaureate degree. Eligibility may be extended for two semesters or three quarters or their equivalent for students enrolled in a five-year undergraduate program.
NOTE
Authority cited: Section 69544, Education Code. Reference: Sections 69536 and 69538, Education Code.
HISTORY
1. Amendment filed 6-18-82; effective thirtieth day thereafter (Register 82, No. 25).
2. Amendment of Note filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
3. Amendment of Note refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of Note as it existed prior to 8-9-2010 emergency amendment by operation of Government Code section 11346.1(f) (Register 2011, No. 20).
§30006. Standards for Ability to Pay for Postsecondary Education.
The Commission shall adopt standards of measuring parental and student ability to pay for postsecondary education and such standards shall be applicable to Cal Grant A, B, and C.
§30007. College Grade Point Average; Community College Grade Point Average.
Note • History
(a) General.
(1) “College grade point average” and “community college grade point average” mean a grade point average calculated on the basis of all college work completed, except for nontransferable units and courses not counted in the computation for admission to a California public institution of higher education that grants a baccalaureate degree. A college grade point average or a community college grade point average must be computed for a minimum of 24 semester units or its equivalent regardless of the grade received.
(2) “All college work completed” includes all coursework for which grades are known to the official reporting the grade point average and accepted for credit at the school reporting the grade point average regardless of the grade received.
(3) It is the responsibility of the student applicant to have his or her college or community college report a grade point average.
(b) College Grade Point Average.
(1) For purposes of computing a college grade point average by an institution that grants a baccalaureate degree, “nontransferable units” and “courses not counted in the computation for admission to a California public institution of higher education that grants a baccalaureate degree” are those courses which do not earn credit for a baccalaureate degree from the reporting institution.
(2) For purposes of computing a college grade point average by a postsecondary institution that grants an associate degree, “nontransferable units” and “courses not counted in the computation for admission to a California public institution of higher education that grants a baccalaureate degree” are those courses which do not earn credit for an associate degree at the reporting institution.
(3) For purposes of computing a college grade point average by a postsecondary institution that does not grant a baccalaureate or an associate degree:
(A) “nontransferable units” are those units which are not used in satisfying requirements for earning a baccalaureate degree from a California public institution of higher education that grants such a degree.
(B) “courses not counted in the computation for admission to a California public institution of higher education that grants a baccalaureate degree” are any courses for which the earned grade is not used in the computation of a grade point average in determining admission eligibility, whether or not units earned for the course are transferable to such an institution.
(c) Community College Grade Point Average.
For purposes of computing a community college grade point average for a Cal Grant Award pursuant to the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Act, “nontransferable units” and “courses not counted in the computation for admission to a California public institution of higher education that grants a baccalaureate degree” mean all courses except “Associate Degree Credit Courses” as defined by Title 5, Chapter 6, Article 1, Section 55002(a) of the California Code of Regulations.
(d) Certification.
Every college grade point average and community college grade point average reported to the Commission shall include a certification under penalty of perjury to the best of his or her knowledge from the school official filing the report that the grade point average is accurately reported. The certification shall include a statement that it is subject to review by the Commission or its designee.
NOTE
Authority cited: Section 69433.7, Education Code. Reference: Section 69432.7(d), Education Code.
HISTORY
1. New section filed 1-16-2001 as an emergency; operative 1-16-2001 (Register 2001, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-16-2001 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 2001, No. 20).
3. New section refiled 5-15-2001 as an emergency; operative 5-16-2001 (Register 2001, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-13-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 5-15-2001 order, including redesignation and amendment of former subsection (a) as subsections (a)-(a)(3) transmitted to OAL 7-25-2001 and filed 8-13-2001 (Register 2001, No. 33).
§30008. High School Grade Point Average.
Note • History
(a) “High school grade point average” means a grade point average calculated on a 4.0 scale, using all academic coursework, for the sophomore year, the summer following the sophomore year, the junior year, and the summer following the junior year, excluding physical education, reserve officer training corps (ROTC), and remedial courses. However, for high school graduates who apply after their senior year, “high school grade point average” includes senior year coursework, excluding physical education, reserve officer training corps (ROTC), and remedial courses. Grade point averages shall only include the most recent grade for any course repeated by a student.
(b) “High School” means a secondary school accredited by Western Association of Schools and Colleges (WASC), or another regional accrediting association if the secondary school is not in the WASC region, or which has a University of California approved course list. Applicants who do not have a grade point average from a high school shall provide a test score from the General Educational Development test (GED), the American College Test (ACT) or the Scholastic Aptitude Test (SAT).
(c) Every high school grade point average reported to the Commission shall include a certification under penalty of perjury from the school official filing the report that the grade point average is accurately reported to the best of his or her knowledge. The certification shall include a statement that it is subject to review by the Commission or its designee. It is the responsibility of the applicant to have his or her high school grade point average reported.
NOTE
Authority cited: Section 69433.7, Education Code. Reference: Section 69432.7(h), Education Code.
HISTORY
1. New section filed 1-16-2001 as an emergency; operative 1-16-2001 (Register 2001, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-16-2001 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 2001, No. 20).
3. New section refiled 5-15-2001 as an emergency; operative 5-16-2001 (Register 2001, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-13-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 5-15-2001 order, including the addition of a subsection designator for each paragraph, transmitted to OAL 7-25-2001 and filed 8-13-2001 (Register 2001, No. 33).
§30009. Qualifying Institution.
Note • History
(a) A “Qualifying Institution” means an institution as defined by Education Code section 69432.7(l).
(b) An institution qualifying pursuant to section 69432.7(l)(1) must be participating in the Federal Pell Grant program and in at least two of the three federal campus-based programs specifically listed in subdivisions (A), (B) and (C) of that section. “Participating in federal campus-based programs” means the school has been allocated funds and is spending those funds at each California site which Cal Grant recipients attend.
(c)(1) An institution qualifying pursuant to section 69432.7(l)(2) means a postsecondary nonprofit institution headquartered and operating in California which:
(A) certifies to the Commission that 10 percent of the institution's operating budget is expended for institutionally funded student financial aid in the form of grants; and
(B) demonstrates to the Commission that it has the administrative capacity to administer the funds; and
(C) is accredited by the Western Association of Schools and Colleges; and
(D) meets such other standards adopted by regulation by the Commission in consultation with the Department of Finance.
(2) A regionally accredited institution that was deemed qualified by the Commission to participate in the Cal Grant Program for the 2000-01 academic year shall retain its eligibility as long as it maintains its existing accreditation status.
(d) A qualifying institution or a specific site of an otherwise qualifying institution shall be deemed disqualified if it no longer possesses all of the requirements for a qualifying institution.
(e) An institution that becomes disqualified pursuant to Part 600 of Title 34 Code of Federal Regulations shall not be a “qualified institution” pursuant to this section.
(f) An institution disqualified pursuant to this section may become a “qualifying institution” by complying with Education Code section 69432.7(l) and this section.
NOTE
Authority cited: Section 69433.7, Education Code. Reference: Section 69432.7(l), Education Code.
HISTORY
1. New section filed 1-16-2001 as an emergency; operative 1-16-2001 (Register 2001, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-16-2001 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 2001, No. 20).
3. New section refiled 5-15-2001 as an emergency; operative 5-16-2001 (Register 2001, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-13-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 5-15-2001 order, including amendment of subsection (d), transmitted to OAL 7-25-2001 and filed 8-13-2001 (Register 2001, No. 33).
5. Amendment of subsection (b) filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsection (b) refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
7. Reinstatement of subsection (b) as it existed prior to 8-9-2010 emergency amendment by operation of Government Code section 11346.1(f) (Register 2011, No. 20).
§30010. ADS Pilot Program. [Repealed]
Note • History
NOTE
Authority cited: Section 69452, Education Code. Reference: Section 69450, Education Code.
HISTORY
1. New section filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 20).
Note • History
NOTE
Authority cited: Section 69452, Education Code. Reference: Section 69452, Education Code.
HISTORY
1. New section filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 20).
§30012. Claiming Date. [Repealed]
Note • History
NOTE
Authority cited: Section 69452, Education Code. Reference: Section 69452, Education Code.
HISTORY
1. New section filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 20).
§30013. Commission. [Repealed]
Note • History
NOTE
Authority cited: Section 69452, Education Code. Reference: Section 69432.7, Education Code.
HISTORY
1. New section filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 20).
§30014. Correspondence Blackout. [Repealed]
Note • History
NOTE
Authority cited: Section 69452, Education Code. Reference: Section 69452, Education Code.
HISTORY
1. New section filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 20).
§30015. Entitlement Participant. [Repealed]
Note • History
NOTE
Authority cited: Section 69452, Education Code. Reference: Section 69452, Education Code.
HISTORY
1. New section filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 20).
§30016. Transfer Entitlement Participant. [Repealed]
Note • History
NOTE
Authority cited: Section 69452, Education Code. Reference: Section 69436, Education Code.
HISTORY
1. New section filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 20).
§30017. One Stop Shop. [Repealed]
Note • History
NOTE
Authority cited: Section 69452, Education Code. Reference: Sections 69450 and 69454, Education Code.
HISTORY
1. New section filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 20).
§30018. Pilot Participant. [Repealed]
Note • History
NOTE
Authority cited: Section 69452, Education Code. Reference: Section 69452, Education Code.
HISTORY
1. New section filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 20).
§30019. Pilot School. [Repealed]
Note • History
NOTE
Authority cited: Section 69452, Education Code. Reference: Section 69452, Education Code.
HISTORY
1. New section filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 20).
Article 2. Applicant Qualifications
Note • History
The Commission may establish minimum standards of academic achievement and potential and may adopt criteria for selecting recipients of grants from among applicants to qualify for a Cal Grant and may require applicants to submit transcripts of high school and college academic records or other evidence of potential.
NOTE
Authority cited: Section 69544, Education Code. Reference: Sections 69500-69515 and 69530-69547, Education Code.
HISTORY
1. Repealer of Article 2 (Sections 30020-30022) and new Article 2 (Sections 30020-30022) filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24). For prior history, see Register 61, No. 22 and Register 70, No. 20.
2. Amendment of section and Note filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
3. Amendment of section and Note refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section and Note as they existed prior to 8-9-2010 emergency amendment by operation of Government Code section 11346.1(f) (Register 2011, No. 20).
§30021. Choice of School or College.
History
A Cal Grant shall be granted in terms of the applicant's selection of school or college at the time he is selected for a grant.
HISTORY
1. Amendment of section heading and section and new Note filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
2. Amendment of section heading and section and new Note refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section heading and section, including repealer of Note, as they existed prior to 8-9-2010 emergency amendment by operation of Government Code section 11346.1(f) (Register 2011, No. 20).
§30022. Change in School or College Choice.
History
Whenever a grant recipient changes his choice of school, college or program, the Commission must redetermine his financial need eligibility. Subject to such redetermination, a grant recipient may change his choice of college (a) prior to the time of actual enrollment, (b) at the conclusion of a quarter or semester, provided that any loss of tuition and fee payments shall be borne by the student.
HISTORY
1. Amendment of section and new Note filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
2. Amendment of section and new Note refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section, including repealer of Note, as it existed prior to 8-9-2010 emergency amendment by operation of Government Code section 11346.1(f) (Register 2011, No. 20).
§30023. In Lieu Test Scores; Grace Period.
Note • History
(a) All Cal Grant A and B applicants shall submit a grade point average pursuant to section 30007, 30008 or 30026.
(1) For a Competitive Cal Grant award pursuant to Article 5 (beginning with Education Code section 69437) of the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Act, a student who does not have a grade point average pursuant to section 30007 or 30008 or whose grade point average is more than 5 years old may submit a test score from the General Educational Development test (GED), the American College Test (ACT) or the Scholastic Aptitude Test (SAT).
(2) It is the responsibility of the applicant to have a grade point average or test score reported.
(b) A standardized test score for each approved test shall be converted to an equivalent grade point average by the Commission using the national distribution of test scores as compared to the distribution of grade point averages on a 0.00 to 4.00 scale. The grade point equivalencies shall be calculated based upon research from the testing agency for each approved test.
(c) The Commission may, on a case-by-case basis, accept the submission of grade point average(s) from an applicant or reporting institution after the March 2 or September 2 deadline if, in the opinion of the Executive Director, circumstances beyond the control of the applicant delayed or prevented the timely submission of the grade point average(s) by the applicant or reporting institution(s) by the March 2 or September 2 deadline.
(1) Such circumstances must be shown by a certification: (i) from the reporting institution of the circumstances beyond the control of the applicant that delayed or prevented the timely submission of the grade point average by the reporting institution by the March 2 or September 2 deadline; (ii) from the applicant or reporting institution with proof that the grade point average was originally mailed by the applicant or reporting institution before the deadline; or (iii) from the applicant with a written description, under penalty of perjury, of the facts showing that circumstances beyond the control of the applicant delayed or prevented the timely submission of the grade point average.
(2) In the case of an application for an entitlement award under Education Code sections 69434, 69435, 69435.3, or 69436, any request to accept grade point average(s) after the March 2 deadline shall be received by the Commission no later than May 16 (seventy-five (75) days after the March 2 deadline) and the computed grade point average(s) and certification specified in subsection (1) shall be included with the request. No later than April 16 (forty-five (45) days after the March 2 deadline), the Commission shall inform students who are potentially eligible for entitlement awards based on application information the Commission has received, that their grade point average(s) had not been received by the Commission by the March 2 deadline, and shall not notify them that they have until May 16 (75 days from the March 2 deadline) to request the Commission to accept their late grade point average(s) on the conditions specified above, including the submission of the certification specified in subsection (1).
(3) In the case of an application for a competitive grant award under Education Code sections 69437, 69437.3, or 69437.6, any request to the Executive Director to accept grade point average(s) after the March 2 or September 2 deadline shall be received by the Commission no later than March 22 or September 22 (twenty (20) days after the March 2 or September 2 deadline) and the computed grade point average(s) and the certification specified in subsection (1) shall be included with the request.
(4) Pursuant to Government Code section 6707, in such cases where the March 22 or September 22 deadline to request late submittal of grade point average(s) on behalf of competitive applicants or the May 16 deadline to request late submittal of grade point average(s) on behalf of entitlement applicants falls upon a Saturday, Sunday, or state holiday, the request for late submittal must be postmarked or received by the Commission by the following business day.
(d) Applicants or officials who submit a timely but incomplete or incorrect grade point average shall have a grace period of ten (10) days after the mailing of notice by the Commission to file a corrected or completed grade point average. A corrected or completed submission postmarked within the 10 day period shall be deemed to comply with this requirement.
NOTE
Authority cited: Sections 69432.9(c) and 69433.7, Education Code. Reference: Sections 69432.9(c), 69434, 69435, 69435.3, 69436, 69437, 69437.3 and 69437.6, Education Code.
HISTORY
1. New section filed 1-16-2001 as an emergency; operative 1-16-2001 (Register 2001, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-16-2001 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 2001, No. 20).
3. New section refiled 5-15-2001 as an emergency; operative 5-16-2001 (Register 2001, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-13-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 5-15-2001 order, including the addition of a subsection designator for each paragraph and amendment of newly designated subsection (c), transmitted to OAL 7-25-2001 and filed 8-13-2001 (Register 2001, No. 33).
5. New subsection (c)(1) filed 10-26-2006 as an emergency; operative 10-26-2006 (Register 2006, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-23-2007 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to 10-26-2006 emergency amendment by operation of Government Code section 11346.1(f) (Register 2007, No. 12).
7. Amendment of subsection (c), new subsections (c)(1)-(4) and amendment of Note filed 5-11-2007; operative 5-11-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 19).
8. Amendment of section heading filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
9. Amendment of section heading refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
10. Reinstatement of section heading as it existed prior to 8-9-2010 emergency amendment by operation of Government Code section 11346.1(f) (Register 2011, No. 20).
§30024. Cal Grant B Entitlement Criteria.
Note • History
A Cal Grant B Entitlement award for first year tuition and fees plus the access grant as defined and limited by Education Code section 69435(a)(3) shall be given to applicants based upon consideration of the following factors:
(a) Applicants with the lowest expected family contribution determined pursuant to Education Code Section 69432.7; and applicants with the highest level of academic merit as indicated by their high school grade point average and/or submitted test scores;
(b) Additional factors to be considered may include any of the following:
(1) Whether the applicant is an orphan or ward of the court or was a ward of the court at the age of eighteen;
(2) The level of education attainment of the applicant's parents;
(3) The number of family members in the applicant's household in relation to the household income; and
(4) Whether the applicant comes from a single parent household or is a single parent.
NOTE
Authority cited: Sections 69435(a)(3) and 69433.7, Education Code. Reference: Section 69435(a)(3), Education Code.
HISTORY
1. New section filed 1-16-2001 as an emergency; operative 1-16-2001 (Register 2001, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-16-2001 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 2001, No. 20).
3. New section refiled 5-15-2001 as an emergency, including amendment of first paragraph; operative 5-16-2001 (Register 2001, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-13-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 5-15-2001 order, including amendment of subsection (b), transmitted to OAL 7-25-2001 and filed 8-13-2001 (Register 2001, No. 33).
§30025. Cal Grant A and B Competitive Award Selection Criteria.
Note • History
(a) A Cal Grant A or B Competitive Award shall give special consideration to applicants who are disadvantaged students taking into consideration those financial, educational, cultural, language, home, community, environmental, and other conditions that hamper access to, and ability to persist in, postsecondary education programs. The extent to which an applicant is considered disadvantaged shall be determined based on the following:
(1) Whether the applicant is an orphan or ward of the court or was a ward of the court at the age of eighteen;
(2) The level of education attainment of the applicant's parents;
(3) The number of family members in the applicant's household in relation to the household income; and
(4) Whether the applicant comes from a single parent household or is a single parent.
NOTE
Authority cited: Section 69433.7, Education Code. Reference: Section 69437, Education Code.
HISTORY
1. New section filed 1-16-2001 as an emergency; operative 1-16-2001 (Register 2001, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-16-2001 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 2001, No. 20).
3. New section refiled 5-15-2001 as an emergency; operative 5-16-2001 (Register 2001, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-13-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 5-15-2001 order, including the designation of the first paragraph as subsection (a), transmitted to OAL 7-25-2001 and filed 8-13-2001 (Register 2001, No. 33).
§30026. Reestablishing Grade Point Average.
Note • History
An applicant seeking to reestablish his or her grade point average pursuant to Education Code section 69437.6(c) may do so by providing a grade point average computed pursuant to Section 30007(c) for at least 16 academic semester units or its equivalent from an accredited California community college. It is the responsibility of the applicant to have his or her community college report a grade point average.
NOTE
Authority cited: Sections 69433.7 and 69437.6(c), Education Code. Reference: Section 69437.6(c), Education Code.
HISTORY
1. New section filed 1-16-2001 as an emergency; operative 1-16-2001 (Register 2001, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-16-2001 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 2001, No. 20).
3. New section refiled 5-15-2001 as an emergency; operative 5-16-2001 (Register 2001, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-13-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 5-15-2001 order transmitted to OAL 7-25-2001 and filed 8-13-2001 (Register 2001, No. 33).
§30027. Occupational Talents Criteria.
Note • History
An applicant seeking to establish “occupational talents” pursuant to Education Code section 69439 may do so by submitting any of the following supplemental information:
(a) applicant's work history (including unpaid internships) in the field; and/or
(b) recommendations from teachers or persons working in the applicant's occupational or technical field.
NOTE
Authority cited: Section 69433.7, Education Code. Reference: Section 69439(c), Education Code.
HISTORY
1. New section filed 1-16-2001 as an emergency; operative 1-16-2001 (Register 2001, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-16-2001 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 2001, No. 20).
3. New section refiled 5-15-2001 as an emergency; operative 5-16-2001 (Register 2001, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-13-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 5-15-2001 order, including amendment of first paragraph, transmitted to OAL 7-25-2001 and filed 8-13-2001 (Register 2001, No. 33).
Article 3. Use of Cal Grants
§30030. Application of Cal Grants.
Note • History
All Cal Grants are awarded for use during a specified academic year, and shall be put into effect in September of such academic year. Exceptions may be made for students in Cal Grant C or when a student has been granted a leave or in such other instances as the Commission may otherwise provide.
NOTE
Authority cited: Section 69544, Education Code. Reference: Sections 69500-69515 and 69530-69547, Education Code.
HISTORY
1. Repealer of Article 3 (Sections 30030-30033) and new Article 3 (Sections 30030-30033) filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24). For prior history, see Register 64, No. 14).
2. Amendment of section and Note filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
3. Amendment of section and Note refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section and Note as they existed prior to 8-9-2010 emergency amendment by operation of Government Code section 11346.1(f) (Register 2011, No. 20).
§30031. Tuition and Necessary Fees.
Only the tuition and fee charges which may be classified under the following two categories are acceptable for payment in the Cal Grant Program.
(a) The minimum customary tuition and/or fee charges at the per unit, per quarter, per semester, or per term rate charged all undergraduate students.
(b) Student body fees made mandatory through student action (Education Code Section 23801).
§30032. Refund of Grant Payments.
History
Refund of unused award funds previously paid to a school or college shall be based on the published regulations of the school or college concerned, as certified to the Commission by such school or college.
HISTORY
1. Amendment of section and new Note filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
2. Amendment of section and new Note refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section, including repealer of Note, as it existed prior to 8-9-2010 emergency amendment by operation of Government Code section 11346.1(f) (Register 2011, No. 20).
§30033. Withdrawal of a Cal Grant.
History
The Commission may withdraw a Cal Grant if the recipient:
(a) Fails to enroll in school or college and attend classes.
(b) Withdraws from school or college without making a request for a leave of absence.
(c) Fails to maintain a full-time or part-time program in accordance with the regulations of the school or college he is attending and the California Student Aid Commission.
(d) Loses his status as a resident in California.
(e) Fails to continue to demonstrate financial need according to California Student Aid Commission criteria.
(f) Is in violation of California Student Aid Commission regulations.
HISTORY
1. Amendment of section and new Note filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
2. Amendment of section and new Note refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section, including repealer of Note, as it existed prior to 8-9-2010 emergency amendment by operation of Government Code section 11346.1(f) (Register 2011, No. 20).
Article 4. State Guaranteed Loans [Repealed]
NOTE
Authority cited: Section 69544, Education Code. Reference: Sections 69500-69515 and 69530-69547, Education Code.
HISTORY
1. New Article 4 (Sections 30040 through 30046) filed 10-17-66 as an emergency; effective upon filing (Register 66, No. 36).
2. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
3. Repealer of Article 4 (Sections 30040-30046) filed 6-14-78; effective thirtieth day thereafter (Register 78, No. 24).
Article 5. State Student Incentive Grant Program
§30050. Statement of Non-Interference.
Note • History
The Student Aid Commission finds that the State Student Incentive Grant Program as authorized by Title IV, Part A, Subpart 3, of the Higher Education Act of 1965 as amended (20 U.S.C., 1070c-107c-3), will not interfere with or jeopardize the continuation of the Cal Grant Program established under Sections 69530 through 69547 of the State Education Code.
NOTE
Authority cited for Article 5: Section 69544, Education Code. Reference: Sections 69500-69515 and 69530-69547, Education Code.
HISTORY
1. New Article 5 (Sections 30050-30057) filed 8-2-74 as an emergency; effective upon filing (Register 74, No. 31).
2. Certificate of Compliance filed 11-22-74 (Register 74, No. 47).
3. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
History
Eligible students are undergraduate students with substantial financial need who are applicants for a Cal Grant A, Cal Grant B, or Cal Grant C who meet all requirements otherwise established by the California Student Aid Commission for receipt of such awards.
HISTORY
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
§30052. Substantial Financial Need.
Substantial financial need shall be financial need using standards of financial need assessment established by the Commission for receipt of state funds including standards of family contributions, self-help expectations, and unmet need.
History
A full-time, regularly enrolled undergraduate student is one who is regularly enrolled for a semester or quarter program of not less than 12 (twelve) credit hours or their equivalent.
HISTORY
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
History
A part-time student is one who is taking 6-11 units or their equivalent. A student enrolled for 9-11 units or their equivalent is considered 3/4-time and a student enrolled for 6-8 units or their equivalent is considered 1/2-time.
HISTORY
1. Repealer and new section filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
History
The size of the grant shall never be more than one-half of the maximum authorized by the Education Code in the State Scholarship (Cal Grant A), College Opportunity Grant (Cal Grant B), or Occupational Education and Training Grant (Cal Grant C) programs.
HISTORY
1. Renumbering of former Section 30054 and amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
History
The criteria for determining independence from parental income shall be the same as established by the Commission for establishing independence from parental income for the Cal Grant A, Cal Grant B, and Cal Grant C programs.
HISTORY
1. Renumbering of former Section 30055 and amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
History
An academic year means a period of time usually eight or nine months during which a full-time student would normally be expected to complete the equivalent of two semesters, two trimesters, or three quarters of instruction.
HISTORY
1. Renumbering of former Section 30056 filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
§30058. Eligible Institutions.
History
Eligible institutions are institutions which are located in California which meet the requirements for participation in the Cal Grant A, Cal Grant B, and Cal Grant C programs as established in the State Education Code.
HISTORY
1. Renumbering of former Section 30057 and amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
Article 6. Conflict of Interest Code Student Aid Commission
§30060. Conflict of Interest Code.
Note • History
The Political Reform Act, Government Code sections 81000, et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations section 18730, which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the Student Aid Commission.
Pursuant to section 4(a) of the Standard Code, designated employees shall file statements of economic interests with their agencies. Upon receipt of the statements of the California Student Aid Commissioners, the Executive Director, members of the EDFUND Board of Directors, and the President of EDFUND, the agency shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission.
NOTE
Authority cited: Section 69544, Education Code. Reference: Sections 87100, et seq., Government Code.
HISTORY
1. New article 6 (sections 30060-30069) filed 7-8-77; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 6-8-77 (Register 77, No. 28).
2. Repealer of article 6 (sections 30060-30069 and Exhibits A and B) and new article 6 (section 30060 and Appendix) filed 6-12-81; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 6-30-80 (Register 81, No. 24).
3. Amendment of Appendix (Exhibits A and B) filed 1-4-85; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 11-13-84 (Register 85, No. 1).
4. Amendment of Appendix filed 3-27-89; operative 4-26-89. Approved by Fair Political Practices Commission 1-25-89 (Register 89, No. 13).
5. Amendment of Conflict of Interest Code filed 1-17-91; operative 2-16-91 (Register 91, No. 11).
6. Amendment of section and Appendix filed 4-30-2001; operative 5-30-2001. Approved by Fair Political Practices Commission 2-26-2001 (Register 2001, No. 18).
7. Amendment of Appendix Exhibit A filed 3-8-2004; operative 4-7-2004. Approved by Fair Political Practices Commission 12-9-2003 (Register 2004, No. 11).
8. Amendment of Appendix A filed 5-26-2005; operative 6-25-2005. Approved by Fair Political Practices Commission 3-17-2005 (Register 2005, No. 21).
Appendix
Exhibit “A”
Designated Positions
1. Persons occupying the following positions are designated employees and must report those financial interests listed in the disclosure categories under Exhibit “B” to which they have been assigned. (No employee who performs purely ministerial, clerical, or service functions shall be a designated employee.) California Student Aid Commission (CSAC) employees assigned to EDFUND will be considered EDFUND employees for purposes of determining whether their position is a designated position.
Assigned
Disclosure
Designated Position Categories
California Student Aid Commission Employees
California Student Aid Commissioner 1, 2, 3
Executive Director 1, 2, 3
Chief Deputy Director 2, 3
Division Chief 2, 3
Accounting Officer 2, 3
Auditor 2, 3
Contract Officer 2, 3
Financial Aid Manager 2, 3
Procurement Officer 2, 3
Staff Counsel 2, 3
Staff Services Manager 2, 3
Consultants* 2, 3
EDFUND Employees
EDFUND Board Member 1, 2, 3
President 1, 2, 3
Vice President 2, 3
Assistant Vice President 2, 3
Auditor 2, 3
Claims Prevention and Resolution Manager 2, 3
Finance and Administration Manager 2, 3
Ombudsman 2, 3
Procurement Staff 2, 3
Staff Counsel 2, 3
*Consultants 2, 3
Exhibit “B”
Disclosure Categories
Designated employees assigned to Category 1 shall disclose:
Interests in real property located in the jurisdiction.
Designated employees assigned to Category 2 shall disclose:
Investments and business positions in, and income from, business entities of the type which provide services, supplies, materials, or equipment to the Commission.
Designated employees assigned to Category 3 shall disclose:
Investments and business positions in, and income from, business entities of the type that either provide financial aid or related services to the Commission or participate in and benefit from the Commission's programs. This includes, but is not limited to, affiliations with and income from public, private or vocational schools, colleges and universities, educational associations or entities, state or federal agencies, financial aid processors, collection agencies, lending institutions, lender services, school services, secondary markets and contracted servicers.
Exhibit “C”
Consultants
* Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation:
The Executive Director or the President of EDFUND may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive Director's or President of EDFUND's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.
Article 7. Statement of Purpose and Criteria for Approval as Processor for the Student Aid Application for California for Student Aid Commission Programs [Repealed]
HISTORY
1. Repealer of article 7 (sections 30075-30076) filed 3-14-88; operative 4-13-88 (Register 88, No. 13).
Article 8. Approval or Disapproval for Processing [Repealed]
HISTORY
1. Repealer of article 8 (sections 30080-30082) filed 3-14-88; operative 4-13-88 (Register 88, No. 13).
Article 9. The California Guaranteed Student Loan Program* [Repealed]
-------
* Established by Chapter 1201, Statutes of 1977.
HISTORY
1. Repealer of article 9 (sections 30100-30127) filed 7-17-97; operative 7-17-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 29).
Article 10. The California Loans to Assist Students Program [Repealed]
HISTORY
1. Repealer of article 10 (sections 30200-30227) filed 7-17-97; operative 7-17-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 29).
Article 11. Imposition of Civil Penalties, and Limitation, Suspension and Termination of Eligibility, Under the California Guaranteed Student Loan Program (CGSLP) and the California Loans to Assist Students (CLAS) Program
Note • History
Any action taken under this subpart or any other provision of these rules will not affect an institution's responsibility to fulfill the requirements of the Act, regulations or CELP policies and procedures applicable to outstanding CELP loans or the institution's rights, if any, to benefits or payments that are based on the institution's prior participation in the CELP.
This subpart does not apply to:
(a) a determination that an institution fails to meet the definition of either an “institution of higher education” as defined in section 1085(b) of 20 U.S.C., or a “vocational school” as defined in section 1085(c) of 20 U.S.C.;
(b) an institution fails to meet the definition of “lender” in sections 682.200 and 683.10 of 34 C.F.R. or;
(c) of a school's loss of lender eligibility by the Secretary of the U.S. Department of Education (USED) due to its default experience under sections 682.611 and 683.90 of 34 C.F.R.
In any such case, the CLP Official terminates the participation of the institution immediately by sending notice of such termination.
NOTE
Authority cited: Section 69763, Education Code. Reference: 20 U.S.C. 1078(b)(2), 1078-2(a); 34 C.F.R. 682.401(c)(2)(ii), 683.31(c)(2)(ii); and Section 69763, Education Code.
HISTORY
1. New article 11 (sections 30300-30314) filed 11-8-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 45).
2. Editorial correction of printing error correcting article 11 heading (Register 91, No. 29).
§30301. Definition of Certain Terms.
Note
(a) Act. Title IV Higher Education Act of 1965, as amended, 20 U.S.C. 1070 ff, and 42 U.S.C. 2751-2756(b).
(b) Action. Any proceeding or notification which limits, suspends or terminates the participation of an institution in the CELP, including those taken without the need of conforming to the procedures of this subpart such as a limitation, suspension, termination or other similar action taken as a result of a violation of a Consent Agreement or termination as provided in Section 30300.
(c) Applicable Laws. Applicable laws include, but are not limited to: The Higher Education Act of 1965, as amended; Section 69760-69779 of the California Education Code; California Fair Debt Collection Practices Act (California Civil Code, Section 1788 ff); Truth in Lending Act (15 U.S.C. 1602 ff).
(d) Binding Arbitration. The presentation of issues to a disinterested person chosen by the parties to hear their contention and render a judg--
ment which the institution and the California Student Aid Commission agree to honor.
(e) California Educational Loan Programs (CELP), California Guaranteed Student Loan Program and California Loans to Assist Students.
(f) CELP Official. An official of the CELP who has been delegated by the Director, California Student Aid Commission, the responsibility for initiating and pursuing action under this subpart.
(g) Consent Agreement. A voluntary agreement reached between the institution and the CELP Official which fully or partially settles the dispute(s) between the parties.
(h) Delivery. The release of CELP check to a borrower.
(i) Funds. Any money (including checks, drafts, or other instruments), any commitment to provide money, or any commitment of insurance which has been (or may be) provided under the CELP to a borrower or an institution.
(j) Hearing. The orderly presentation of arguments and evidence before a Hearing Officer.
(k) Hearing Officer. An impartial person, appointed by the Director, California Student Aid Commission, with no prior involvement with the facts giving rise to action under this subpart, who is either;
(1) an attorney who has been admitted to the practice of law in California for at least five (5) years preceding his appointment and possesses any additional qualifications established by the California State Personnel Board for the particular class involved;
(2) a person who is an arbitrator qualified by the American Arbitration Association; or
(3) any other person who meets the qualifications (other than merely testing) for the position of Administrative Law Judge for the Federal Government.
(l) Institution. An institution of higher education as defined in 20 U.S.C. 1085(b), a vocational school as defined in 20 U.S.C. 1085(c), and a lender as defined in 34 C.F.R. 682.200 and 683.10.
(m) Limitation. Imposition of conditions including remedies for past violations by the CELP Official or Hearing Officer which an institution must meet in order to continue to participate in the CELP.
(n) Notice. Written information which is intended to advise the person responsible for the administration, in a participating institution, of the CELP of a proposed action by the California Student Aid Commission in which the institution's interests are involved.
(o) Reinstatement. Allows an institution, after termination of its eligibility, to participate again in the CELP upon meeting specific conditions.
(p) Suspension. The removal of an institution's eligibility to participate in the CELP for a specified period of time or until the institution meets certain requirements.
(q) Termination. The removal of an institution's eligibility in the CELP for an indefinite period of time, but not less than 24 months.
(r) Title IV. Title IV of the Higher Education Act of 1965, as amended.
NOTE
Authority cited: Section 69763, Education Code. Reference: 20 U.S.C. 1078(b)(2), 1078-2(a); 34 C.F.R. 682.401(c)(2)(ii), 683.31(c)(2)(ii); and Section 69763, Education Code.
Note • History
(a) Limitation, suspension, or termination action may be instituted when there is any violation by an institution of applicable law, regulation, or of its school or lender agreement; any violation by an institution of limitations or of a Consent Agreement; or any form or degree of misrepresentation or fraud perpetrated by an institution or its employees in connection with the CELP or other State student financial aid programs.
(b) If the CELP official:
(1) receives information, determined by the CELP Official to be reliable, that an institution is violating any provision of applicable laws, regulations, or any applicable special arrangement, agreement, or limitation:
(2) determines that immediate action is necessary to prevent misuse of Federal or State funds; and
(3) determines that the likelihood of loss outweighs the importance of following the limitation, suspension, or termination procedures authorized in this article; the CELP Official shall, effective on the date on which a notice and statement of the basis of the action is mailed to the institution (by registered mail, return receipt requested), take emergency action consistent with section 30304 of this article. If the institution has a telecopier number which the CELP Official is able to obtain after a diligent search, the CELP Official shall, at the time of mailing, telecopy the notice and statement, without attachments, to the institution.
(c) An emergency action under this section may not exceed 30 days unless a limitation, suspension, or termination proceeding is initiated against the institution under this article before the expiration of that period, in which case the CELP Official may extend the emergency action to a point in time no later than the effective date of the limitation, suspension, or termination if the limitation, suspension, or termination is not contested, or the effective date of the decision of the CELP Official or the Hearing Officer if the limitation, suspension, or termination is contested.
(d) The CELP official shall provide the institution, if it so requests, an opportunity to show cause that the emergency action is unwarranted.
NOTE
Authority cited: Section 69763(a), Education Code. Reference: 20 U.S.C. 1078(b)(1)(T)&(U), 1082(h) & (i) and 1094(c); and 34 C.F.R. 668.81 - 668.97.
HISTORY
1. Amendment filed 2-9-90 as an emergency; operative 2-9-90 (Register 90, No. 7). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-11-90.
2. Certificate of Compliance as to 2-9-90 order transmitted to OAL 6-8-90 and filed 7-9-90 (Register 90, No. 34).
Note • History
The CELP Official begins a limitation, suspension, or termination action by sending by certified mail, (with return receipt requested) a notice advising the institution of the consequences of the action, the alleged violations on which the action is based, the effective date of the action, and of the institution's right to request a hearing (if the request is in writing and received by the CELP Official at least five (5) days before the date the action is to be effective) and of the right to present written material showing why an action should not take place.
If a hearing is requested, the CELP Official shall set the date and place of the hearing which must be at least twenty (20) days after receipt of the request. No action, other than by Consent Agreement, emergency action, or as otherwise provided in these regulations can take place until after a hearing is held and a decision reached and written notice thereof given.
If the institution does not request a hearing, but submits written material, the CELP Official shall postpone the effective date of the action until after such material is evaluated. All material must be received by the CELP Official within twenty (20) days from the date the institution notifies the California Student Aid Commission of its intention to submit data for consideration. Within thirty (30) days after the material is reviewed, the CELP Official shall notify the institution by certified mail (return receipt requested) that the action is dismissed or will be effective as of the date originally specified.
A limitation, suspension, or termination may not be effective earlier than twenty (20) days after the date on which the notice is mailed unless otherwise provided in these regulations.
NOTE
Authority cited: Section 69763(a), Education Code. Reference: 20 U.S.C. 1078(b)(1)(T)&(U), 1082(h) and 1094(c); and 34 C.F.R. 668.81 - 668.97.
HISTORY
1. Amendment filed 2-9-90 as an emergency; operative 2-9-90 (Register 90, No. 7). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-11-90.
2. Certificate of Compliance as to 2-9-90 order transmitted to OAL 6-8-90 and filed 7-9-90 (Register 90, No. 34).
§30304. Effect of Emergency Action.
Note • History
Emergency action by the CELP Official may include,
(a) barring any further CELP processing or guarantee of loans to be made to borrowers to cover the cost of attendance at a school which is the subject of an emergency action or to be made by a lender or a school lender which is the subject of emergency action and,
(b) barring delivery, by a school which is subject of emergency action, of any checks representing CELP loans.
Emergency action does not bar disbursement or delivery of loans guaranteed, prior to the initiation of emergency action, by
(1) lender; or by
(2) a school lender subject to emergency action; or
(3) to a borrower attending a school subject to emergency action unless specific notification is made by the CELP Official to the affected party.
The failure of an institution to conform with the requirements of an emergency action may result in a limitation or termination action being taken and the automatic withdrawal of the loan guarantee on loans disbursed by a lender or school lender after the effective date of the emergency action. All applications held by any party (which are applications for CELP loans for attendance at a school against which emergency action has been taken or for a loan from a lender against which emergency action has been taken) shall be returned directly by the holder thereof to the borrower with an explanation of the action.The notice of emergency action may include a notice of commencement of a limitation, suspension, or termination proceeding under this subpart.
If emergency action ends by being converted into a limitation or termination, then the regulation applicable to limitation or termination shall apply. In any case to which an emergency action does not apply, loans not yet disbursed or delivered shall be treated in accordance with the terms of a Consent Agreement or shall be disbursed or delivered.
NOTE
Authority cited: Section 69763(a), Education Code. Reference: 20 U.S.C. 1078(b)(1)(T)&(U), 1082(h) and 1094(c); and 34 C.F.R. 668.81 - 668.97.
HISTORY
1. Amendment filed 2-9-90 as an emergency; operative 2-9-90 (Register 90, No. 7). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-11-90.
2. Certificate of Compliance as to 2-9-90 order transmitted to OAL 6-8-90 and filed 7-9-90 (Register 90, No. 34).
Note
A suspension removes an institution's eligibility to participate in the CELP for a period of not longer than sixty (60) days. The suspension may be extended beyond sixty (60) days if the CELP Official and the institution agree to an extension or the CELP Official begins a limitation or termination proceeding; in which case, the suspension shall continue until the completion of the limitation or termination hearing, including the notification period and resolution of an appeal.
A suspension bars any further CELP processing or guarantee of loans to be made to borrowers to cover the cost of attending a suspended school or to be made by a suspended lender or school lender and bars delivery by a suspended school of any CELP checks.
Suspension does not bar disbursement or delivery of loans guaranteed prior to the suspension by a suspended lender or school lender or by a suspended school, unless specifically so provided in the order of suspension.
NOTE
Authority cited: Section 69763, Education Code. Reference: 20 U.S.C. 1078(b)(2), 1078-2(a); 34 C.F.R. 682.401(c)(2)(ii), 683.31(c)(2)(ii); and Section 69763, Education Code.
Note
A limitation limits, in a specified manner, the participation of an institution in the CELP by setting special conditions for continued participation in those programs. A limitation imposed by the Hearing Officer or the CELP Official may contain an expiration date, after which the limitation shall cease. The limitation may include an order directing the institution, which is subject to the limitation, to make restitution or repayment of funds. If emergency action has preceded the limitation, then the terms of the emergency action shall be converted to the terms of the limitation, as set forth in this subpart.
A limitation of a school may include a limit on the number or percentage of students enrolled in that institution who may receive CELP loans, a requirement that the school obtain a bond in a specified amount to assure its ability to meet its financial obligations to borrowers who receive CELP loans, and other reasonable limits on its participation in the programs.
A limitation of a lender, or of a school lender, may include a limit on the number or total dollar amount of CELP loans that such lender may make, purchase, or hold or lend to cover the cost of attending a particular school, and other reasonable limits on its participation in the programs.
NOTE
Authority cited: Section 69763, Education Code. Reference: 20 U.S.C. 1078(b)(2), 1078-2(a); 34 C.F.R. 682.401(c)(2)(ii), 683.31(c)(2)(ii); and Section 69763, Education Code.
§30307. Effect of Termination.
Note
A termination ends the eligibility of an institution to participate in the CELP, bars the delivery by a terminated school of CELP loan proceeds, which shall be immediately returned to the lender, bars CGSL and CLAS Program CELP disbursements by a lender (or by a school lender) whether or not a guarantee was issued, and bars the guarantee of any CELP application submitted by a terminated lender or school lender.
If the emergency action has preceded the termination, then the terms of the emergency action shall be converted to a termination as set forth in this subpart.
NOTE
Authority cited: Section 69763, Education Code. Reference: 20 U.S.C. 1078(b)(2), 1078-2(a); 34 C.F.R. 682.401(c)(2)(ii), 683.31(c)(2)(ii); and Section 69763, Education Code.
Note • History
(a) The CELP Official shall determine whether to impose a civil penalty of up to $25,000 per violation on an institution against which a cause of action has been commenced pursuant to the provisions of this article.
(b) The CELP Official shall begin a civil penalty proceeding by sending the institution a notice by certified mail with return receipt requested. This notice shall:
(1) Inform the institution of the intent to impose civil penalties against the institution and the amount of the civil penalties, and identify the alleged violations for which the civil penalties are being imposed;
(2) Specify the proposed effective date of the civil penalties, which shall be the same date as the effective date of the limitation, suspension, or termination; and
(3) Inform the institution that the civil penalties shall not be effective on the date specified in the notice if the CELP official receives, at least five days prior to that date, a written request for a hearing or written material indicating why the civil penalties should not be imposed.
(c) If the institution does not request a hearing but submits written material, the CELP Official, after considering that material, shall notify the institution that:
(1) The civil penalties shall not be imposed; or
(2) The civil penalties shall be imposed as of a specified date, and in a specified amount.
(d) If the institution submits a timely request for a hearing, the procedure for the hearing shall be governed by the provisions of this article relating to hearings in limitation, suspension, and termination proceedings.
(e) In any event, if the institution contests the alleged violations which form the bases for the civil penalties, the imposition of the civil penalties shall be stayed until final adjudication of those alleged violations or until settlement by the parties relating to those alleged violations.
(f) In determining the amount of a civil penalty the CELP Official shall consider the appropriateness of the penalty to the gravity of the violation; the frequency and persistence of the violation; and the amount of any losses resulting from the violation.
(g) Notwithstanding any other provision of this article, the total amount of civil penalties, when finally determined after the exhaustion of appeals, if any, shall be subject to deduction by the California Student Aid Commission from any sums owed to the institution by the California Student Aid Commission.
(h) For the purposes of civil penalty imposition, a “violation” shall be a single violation, regardless of the number of instances of that violation.
NOTE
Authority cited: Section 69763(a) and (b), Education Code. Reference: Section 69763(b), Education Code.
HISTORY
1. Renumbering of former Section 30308 to Section 30309, and new Section 30308 filed 8-23-88; operative 9-22-88 (Register 88, No. 35).
§30309. Prehearing Conference.
Note • History
The purpose of a prehearing conference is to allow the parties to settle or narrow the dispute. A prehearing conference may be convened at the request of the CELP Official, the institution, or the Hearing Officer. The scope of a prehearing conference is to discuss matters relating to the proposed action, including settlement without a hearing, or narrowing of legal or factual issues to be resolved at the hearing. A prehearing conference is not subject to any procedural requirements except as may be mutually agreed upon by the CELP Official and the institution. A prehearing conference may be held in any manner, including telephone calls or submission of written material, by the institution and the CELP Official. The Hearing Officer shall not participate in any prehearing conference.
As a result of the prehearing conference, the CELP Official and the institution may enter into a Prehearing Agreement which is a written stipulation whereby both the CELP Official and the institution stipulate, in writing and signed by both parties, to certain facts, procedures or points of law, regulation or policy and procedures. The CELP Official and the institution may enter into a written Consent Agreement which fully or partially settles the dispute between the parties. If the CELP Official and the institution enter into a written Consent Agreement which fully settles the dispute and the Consent Agreement so specifies, any pending hearing shall be cancelled. If the institution violates any of the provisions of the Consent Agreement the CELP Official may institute termination action.
NOTE
Authority cited: Section 69763, Education Code. Reference: 20 U.S.C. 1078(b)(2), 1078-2(a); 34 C.F.R. 682.401(c)(2)(ii), 683.31(c)(2)(ii); and Section 69763, Education Code.
HISTORY
1. Renumbering of former Section 30309 to Section 30310, and renumbering of Section 30308 to Section 30309 filed 8-23-88; operative 9-22-88 (Register 88, No. 35).
§30310. Authority and Responsibilities of the Hearing Officer.
Note • History
The Hearing Officer regulates the course of the proceedings, the conduct of the parties, and takes all steps necessary to ensure a fair and impartial hearing. The Hearing Officer shall take whatever measures are appropriate to expedite the proceeding. These measures may include, but are not limited to, setting a schedule for the submission of written documents and legal memoranda and setting page limitations on the filing of any memoranda. The Hearing Officer has the authority to treat a party to the hearing, who fails to abide by the orders of the Hearing Officer, as being in non-compliance and may issue a decision without a hearing against the non-complying party. If the Hearing Officer terminates a hearing pursuant to non-compliance he/she shall cause to be delivered a written decision by certified mail (return receipt requested) within thirty (30) days after such termination.
All decisions of the Hearing Officer shall be based on findings of fact and conclusions of law. The Hearing Officer shall base the findings of fact only on evidence considered at the hearing, stipulations of the parties, and matters given official notice.
The Hearing Officer does not have the authority to issue subpoenas. However, if requested by the Hearing Officer, the Director, California Student Aid Commission shall provide available personnel from the California Student Aid Commission who have knowledge about the matters under review, and the institution shall provide available personnel who have knowledge of the matters under review for oral examination.
NOTE
Authority cited: Section 69763, Education Code. Reference: 20 U.S.C. 1078(b)(2), 1078-2(a); 34 C.F.R. 682.401(c)(2)(ii), 683.31(c)(2)(ii); and Section 69763, Education Code.
HISTORY
1. Renumbering of former Section 30310 to Section 30311, and renumbering of Section 30309 to Section 30310 filed 8-23-88; operative 9-22-88 (Register 88, No. 35).
§30311. Hearing on the Record and Decision.
Note • History
The hearing shall take place in Sacramento, California at a place selected by the CELP Official, shall be attended by the CELP Official and the authorized representative of the institution, shall be limited to legal issues and those matters of fact to which the CELP Official and the institution have been unable to stipulate. The hearing process may be limited as agreed upon by the CELP Official, the institution, and the Hearing Officer in areas such as a restriction on the number of submissions, a hearing by telephone conference call, a review limited to the written records, or a certification by the parties to facts and issues not in dispute. The parties may enter into stipulations during the course of the hearing. Any stipulations agreed to shall be submitted to the Hearing Officer as soon as possible after the stipulation is executed. The institution may be represented by legal counsel at the hearing, but the CELP Official is under no obligation to provide such counsel. Formal rules of evidence and procedures applicable to proceedings in courts of law are not required.
There shall be no discovery proceedings under this subpart, but the parties are encouraged to exchange relevant documents or information, and the Hearing Officer shall only accept evidence that is relevant and material to the hearing. Parties may object to any evidence which they consider to be irrelevant, immaterial, or unduly repetitious.
A record shall be made of the hearing. The record of the hearing shall not be transcribed except upon request of a party. The party requesting the transcription, or seeking a copy of a transcription previously made, shall pay a reasonable fee not to exceed the actual cost thereof.
The Hearing Officer shall issue a written decision within thirty (30) days following the conclusion of the hearing except as otherwise provided in these regulations. A limitation, suspension, or termination, after the hearing, is effective on the second day following the date that a copy of the decision is mailed by certified mail (return receipt requested) to the institution or on the effective date stated in the decision, whichever is later.
The party not prevailing at the hearing shall pay the cost incurred for the employment of the Hearing Officer. If the institution must make payment of hearing expenses, said payment shall be made to the CELP Official within twenty (20) days of the decision. The CELP Official may take whatever action he/she deems appropriate, including offset and legal action, to collect the funds due from the institution. The CELP official may also collect interest on funds due, up to twelve (12) percent per annum, beginning with the date following the expiration of the twenty (20) days referred to above.
NOTE
Authority cited: Section 69763(a), Education Code. Reference: 20 U.S.C. 1078(b)(1)(T)&(U), 1082(h) and 1094(c); and 34 C.F.R. 668.81 - 668.97.
HISTORY
1. Renumbering of former section 30311 to section 30312, and renumbering of Section 30310 to Section 30311 filed 8-23-88; operative 9-22-88 (Register 88, No. 35).
2. Amendment filed 2-9-90 as an emergency; operative 2-9-90 (Register 90, No. 7). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-11-90.
3. Certificate of Compliance as to 2-9-90 order transmitted to OAL 6-8-90 and filed 7-9-90 (Register 90, No. 34).
§30312. Other Hearing-Related Conditions.
Note • History
If an institution, to which a notice is addressed, refuses to accept such notice, the notice shall be deemed to be received by the institution on the date that the institution refuses to accept delivery of the notice from the United States Postal Service.
Action to resolve liability may include an order requiring payment by the institution to the CELP Official, or to designated recipients, of any funds that the institution improperly received, withheld, disbursed, or caused to be disbursed under the CELP.
Nothing in this subpart shall preclude or prohibit the CELP Official and the institution from entering into an agreement to submit to binding arbitration in lieu of the hearing procedures contained herein.
With the approval and the consent of the CELP Official and the institution, any time schedule specified in this subpart may be shortened or extended unless the hearing has begun. After the hearing has begun, any such changes shall be solely at the Hearing Officer's discretion.
If a decision, based upon a Consent Agreement or upon a hearing or after appeal of a hearing, requires an institution to reimburse or make any other payment to the CELP Official, the CELP Official may offset these sums against any benefits or claim due to the institution.
The California Student Aid Commission's mailings and receipts shall be evidenced by original documents received from the United States Postal Service by the Commission.
NOTE
Authority cited: Section 69763, Education Code. Reference: 20 U.S.C. 1078(b)(2), 1078-2(a); 34 C.F.R. 682.401(c)(2)(ii), 683.31(c)(2)(ii); and Section 69763, Education Code.
HISTORY
1. Renumbering of former Section 30312 to Section 30313, and renumbering of Section 30311 to Section 30312 filed 8-23-88; operative 9-22-88 (Register 88, No. 35).
Note • History
A respondent party not prevailing at a hearing may seek final administrative remedy by appealing the Hearing Officer's decision to the eleven member California Student Aid Commission. The decision of the Hearing Officer will remain in effect pending the conclusion of this final administrative review. Request for, and necessity of, appeal shall be presented in writing to the CELP Official within twenty (20) days of the respondent's receipt of the Hearing Officer's decision. The appeal may be scheduled for review by the California Student Aid Commission and the time and place for the appeal, if granted, shall be given to the appellant within sixty (60) days of receipt of the request for appeal by certified mail (return receipt requested). Effective dates of these time restrictions are established by the postmarked dates of requests for appeal.
The respondent party seeking review by appeal shall limit its presentation solely to evidence introduced into the record at the hearing, stipulations of the parties, and matters that may be judicially noticed and shall make a reasonable showing that a prejudicial procedural error was committed in the conduct of the hearing or that the Hearing Officer's decision embodies a finding or conclusion of material fact which is clearly erroneous or embodies a legal conclusion which is erroneous.
In reaching its final administrative decision, the Commission shall consider only evidence introduced into the record at the hearing, stipulations of the parties, and matters that may be judicially noticed.
The Commission's decision may affirm, modify, or reverse the Hearing Officer's decision. The appellant shall be notified of the Commission's decision by mailing a notice by certified mail (return receipt requested) to the appellant within thirty (30) days of the date the appeal was heard by the Commission.
The California Student Aid Commission's decision to grant or not grant final administrative remedy by hearing an appeal, is not subject to judicial review. If, however, the Hearing Officer's decision is upheld by the Commission, or the request for an appeal is denied, such decisions shall be subject to review in accordance with the standards for judicial review established by law.
NOTE
Authority cited: Section 69763, Education Code. Reference: 20 U.S.C. 1078(b)(2), 1078-2(a); 34 C.F.R. 682.401(c)(2)(ii), 683.31(c)(2)(ii); and Section 69763, Education Code.
HISTORY
1. Renumbering of former Section 30313 to Section 30314, and renumbering of Section 30312 to Section 30313 filed 8-23-88; operative 9-22-88 (Register 88, No. 35).
§30314. Removal of Limitations.
Note • History
The Hearing Officer or CELP Official may set time limits for the expiration of limitations. An institution may request removal of limitations imposed under these regulations twelve (12) months after the effective date of the action to limit. Notwithstanding the foregoing, removal of limitations can only be requested in those cases in which a time limit was not set by the Hearing Officer or CELP Official. The request for removal of limitations must be in writing and state and substantiate the institution has corrected the violation(s) on which the limitations were based.
The CELP Official, within sixty (60) days of receiving the request shall grant the request, deny the request, or grant the request subject to other limitations. If a request for removal of limitation is denied or causes imposition of other limitations, the institution may again request such removal six (6) months after the date of the most recent request.
NOTE
Authority cited: Section 69763, Education Code. Reference: 20 U.S.C. 1078(b)(2), 1078-2(a); 34 C.F.R. 682.401(c)(2)(ii), 683.31(c)(2)(ii); and Section 69763, Education Code.
HISTORY
1. Renumbering of former Section 30314 to Section 30315, and renumbering of Section 30313 to Section 30314 filed 8-23-88; operative 9-22-88 (Register 88, No. 35).
§30315. Reinstatement After Termination.
Note
An institution whose participation has been terminated may file a request for reinstatement as an eligible institution. However, this request may not be made before the end of the twenty-fourth (24th) month after the effective date of the termination. The reinstatement request shall be in writing and shall state and substantiate that the institution has corrected the violation(s) on which its termination was based including payment in full to the CELP Official of all funds due the California Student Aid Commission, or to designated recipients, that the institution improperly received, withheld, disbursed, or caused to be disbursed, subject to independent review by the CELP Official.
The institution must meet all eligibility requirements for participation in the CELP, upon reinstatement after termination. An institution's application for reinstatement shall include an acceptable plan which indicates that its participation in the CELP will not result in further violations by it or the requirements of the programs. If a school, which is also a lender, was terminated as both a participating school and a lender, the school cannot be reinstated as a lender until it is reinstated as a participating school for a period of at least twelve (12) months.
The CELP Official will not grant reinstatement to an institution if it is owned, in whole or in part, directly or indirectly, by any person who has been convicted of a crime related to the abuse of any State or Federal Title IV financial aid program or if it continues to employ any individual who was shown to be an incompetent administrator during the termination proceeding or who was convicted of a crime related to the abuse of any State or Federal Title IV financial aid programs.
Within sixty (60) days of receiving a reinstatement request, the CELP Official will notify the institution in writing by certified mail (return receipt requested) of the decision to grant the request, deny the request, or grant the request subject to limitation. If a request for reinstatement is denied, the institution may again request reinstatement twelve (12) months after the date of the most recent request.
NOTE
Authority cited: Section 69763, Education Code. Reference: 20 U.S.C. 1078(b)(2), 1078-2(a); 34 C.F.R. 682.401(c)(2)(ii), 683.31(c)(2)(ii); and Section 69763, Education Code.
Article 12. The Paul Douglas Teacher Scholarship Program
Note • History
The Paul Douglas Teacher Scholarship Program is a federal program designed to encourage individuals to become teachers. It is administered at the federal level by the United States Department of Education. The federal laws relating to this program are found in Title 20 of the United States Code, Sections 1111 through 1111h. The federal regulations relating to this program are found in Title 34 of the Code of Federal Regulations, Part 653. The California Student Aid Commission has received approval from the United States Department of Education to administer this program in California. There are no California statutes directly relating to this program. The regulations in this article supplement the federal laws and regulations mentioned above.
NOTE
Authority cited: Sections 69741 and 69742, Education Code. Reference: 20 U.S.C. 1111-1111h and Part 653, Title 34, Code of Federal Regulations.
HISTORY
1. New section filed 12-14-88; operative 1-13-89 (Register 88, No. 53).
§30501. New Applicant Eligibility Criteria.
Note • History
The following eligibility criteria shall be used by the California Student Aid Commission for new applicants:
(a) For applicants who have completed fewer than 30 semester units or 45 quarter units of college:
(1) Applicants shall meet the California State residency requirements as specified in Sections 68000 through 68134 of the California Education Code.
(2) Applicants shall agree to enroll in and attend schools with teacher preparation programs approved by the California Commission on Teacher Credentialing.
(3) An applicant who receives preferential treatment because he or she intends to teach either Math or Science shall agree to pursue an undergraduate degree in that subject area and to pursue a single subject teaching credential in that subject area unless a written waiver to change to another subject area has been granted by the California Student Aid Commission.
(4) An applicant who receives preferential treatment because he or she intends to be a bilingual teacher shall agree to pursue a single subject or multiple subject teaching credential with a bilingual emphasis unless a written waiver of that requirement has been granted by the California Student Aid Commission.
(5) Applicants shall be free of any obligation to repay any state or federal educational grant and shall not be in default on any state or federal educational loan or any state or federally insured educational loan unless they have made arrangements satisfactory to the California Student Aid Commission for repaying the grant or loan and have made twelve consecutive monthly payments pursuant to those arrangements.
(b) For applicants who have completed 30 or more semester units or 45 or more quarter units of college:
(1) Applicants shall meet the California State residency requirements as specified in Sections 68000 through 68134 of the California Education Code.
(2) Applicants shall be enrolled in and attending schools with teacher preparation programs approved by the California Commission on Teacher Credentialing.
(3) An applicant who receives preferential treatment because he or she intends to teach either Math or Science shall agree to pursue an undergraduate degree in that subject area and to pursue a single subject teaching credential in that subject area unless a written waiver to change to another subject area has been granted by the California Student Aid Commission.
(4) An applicant who receives preferential treatment because he or she intends to be a bilingual teacher shall agree to pursue a single subject or multiple subject teaching credential with a bilingual emphasis unless a written waiver of that requirement has been granted by the California Student Aid Commission.
(5) Applicants shall be free of any obligation to repay any state or federal educational grant and shall not be in default on any state or federal educational loan or any state or federally insured educational loan unless they have made arrangements satisfactory to the California Student Aid Commission for repaying the grant or loan and have made twelve consecutive monthly payments pursuant to those arrangements.
(6) Applicants shall have achieved a minimum grade point average of 3.0 (based on a 4.0 scale).
(A) If the applicant is enrolled in a postsecondary institution at the time of application, the grade point average shall be based on the cumulative work attempted at that institution, unless the student has not completed at least 30 semester (45 quarter) units at that institution, in which case the grade point average shall be based on cumulative work attempted at all postsecondary institutions.
(B) If the applicant is not enrolled in a postsecondary institution at the time of application, the grade point average shall be based on the cumulative work attempted at all postsecondary institutions.
(7) Applicants who have completed all baccalaureate degree requirements shall be formally accepted into a fifth-year teacher preparation program beginning with the Fall term of the award year or, if formally attending a fifth-year teacher preparation program, shall be planning to continue formally in attendance during the fall term of the award year.
NOTE
Authority cited: Sections 69741 and 69742, Education Code. Reference: 20 U.S.C. 1111(a), 1111b(c), and 1111d(b), and 34 CFR 653.2(b) and 653.32(a).
HISTORY
1. New section filed 12-14-88; operative 1-13-89 (Register 88, No. 53).
§30502. Renewal Applicant Eligibility Criteria.
Note • History
The following eligibility criteria shall be used by the California Student Aid Commission for the selection of renewal scholarship applicants:
(a) Applicants shall meet the California State residency requirements as specified in Sections 68000 through 68134 of the California Education Code.
(b) Applicants shall be enrolled in and attending schools with teacher preparation programs approved by the California Commission on Teacher Credentialing.
(c) An applicant who received preferential treatment because he or she intends to teach either Math or Science shall agree to pursue an undergraduate degree in that subject area and to pursue a single subject teaching credential in that subject area unless a written waiver to change to another subject area has been granted by the California Student Aid Commission.
(d) An applicant who received preferential treatment because he or she intends to be a bilingual teacher shall agree to pursue a single subject or multiple subject teaching credential with a bilingual emphasis unless a written waiver of that requirement has been granted by the California Student Aid Commission.
(e) Applicants shall be free of any obligation to repay any state or federal educational grant and shall not be in default on any state or federal educational loan or any state or federally insured educational loan unless they have made arrangements satisfactory to the California Student Aid Commission for repaying the grant or loan and have made twelve consecutive monthly payments pursuant to those arrangements.
(f) An applicant shall have achieved a grade point average that is equal to or greater than that required for entry into the appropriate teacher credential program at the campus that he or she is attending, provided that an applicant who has not achieved the required grade point average may nevertheless be deemed eligible for one academic year by the California Student Aid Commission if the applicant submits a written request and submits documentation showing that he or she did not achieve the required grade point average because of:
(1) Severe injury to the applicant, and/or
(2) Severe illness of the applicant.
NOTE
Authority cited: Sections 69741 and 69742, Education Code. Reference: 20 U.S.C. 1111(a), 1111b(c), 1111d(b) and 1111e(2 and 34 CFR 653.2(b) and 653.32(a).
HISTORY
1. New section filed 12-14-88; operative 1-13-89 (Register 88, No. 53).
§30503. Appointment of Institutional Paul Douglas Teacher Scholarship Program Coordinator.
Note • History
California secondary schools and postsecondary institutions with teacher preparation programs approved by the Commission on Teacher Credentialing wishing to nominate students shall designate an Institutional Paul Douglas Teacher Scholarship Program Coordinator.
NOTE
Authority cited: Sections 69741 and 69742, Education Code. Reference: 20 U.S.C. 1111d(b) and 34 CFR 653.32(a).
HISTORY
1. New section filed 12-14-88; operative 1-13-89 (Register 88, No. 53).
§30504. New Applicant Application Process.
Note • History
All new applicants shall apply for a scholarship using the following procedures:
(a) For students who will graduate from high school at the end of the current academic year:
(1) Complete an application designated by the California Student Aid Commission for the Paul Douglas Teacher Scholarship Program.
(2) File the completed application with the designated Paul Douglas Teacher Scholarship Coordinator at the applicant's California secondary school.
(b) For students who have graduated from high school:
(1) Complete an application designated by the California Student Aid Commission for the Paul Douglas Teacher Scholarship Program.
(2) File the completed application with the designated Paul Douglas Teacher Scholarship Coordinator at a college or university with a teacher preparation program approved by the Commission on Teacher Credentialing, which college or university they will attend commencing with the fall term, and which college or university has a designated coordinator.
NOTE
Authority cited: Sections 69741 and 69742, Education Code. Reference: 20 U.S.C. 1111d(b) and 34 CFR 653.32(a).
HISTORY
1. New section filed 12-14-88; operative 1-13-89 (Register 88, No. 53).
§30505. New Applicant Nomination Process.
Note • History
The Institutional Paul Douglas Teacher Scholarship Coordinator shall:
(a) Review each application submitted for completeness and accuracy.
(b) Review each application submitted to insure that the student meets the new applicant eligibility criteria.
(c) Select two nominees through a process established by the institution which shall take into account the following criteria:
(1) High school grade point average, General Educational Development (GED) test score, college cumulative grade point average, or any combination of these;
(2) Combined Math and Verbal scores received on the Scholastic Aptitude Test (SAT) or composite scores received on the American College Test (ACT),
(3) High School class standing, and
(4) Demonstrated or expressed commitment to the teaching profession.
(d) Submit the application of the two nominees to the California Student Aid Commission.
NOTE
Authority cited: Sections 69741 and 69742, Education Code. Reference: 20 U.S.C. 1111d(b) and 34 CFR 653.32(a).
HISTORY
1. New section filed 12-14-88; operative 1-13-89 (Register 88, No. 53).
§30506. New Applicant Scoring Process Used by the California Student Aid Commission.
Note • History
Applications of nominees received by the California Student Aid Commission shall be scored in the following manner:
(a) For an applicant who has completed fewer than 30 semester units or 45 quarter units of college the score shall be computed using one of the following formulas:
Embedded Graphic 05.0082
(b) For an applicant who has completed 30 or more semester units or 45 or more quarter units of college, the score shall be computed using one of the following formulas:
Embedded Graphic 05.0083
In subsection (B) of this section, “imputed college grade point average” means a number provided by an institution when that institution does not calculate actual grade point averages. The institution shall submit documentation showing that the imputed college grade point average is statistically valid. An imputed college grade point average shall be used only when there is no actual college grade point average.
In this section “equivalent SAT score” means composite ACT score multiplied by 44.4444. An equivalent SAT score shall be computed only when there is no actual SAT score.
Grade point average shall be computed based on 4.0 as the maximum.
NOTE
Authority cited: Sections 69741 and 69742, Education Code. References: 20 U.S.C. 1111d(b) and 34 CFR 653.32(a).
HISTORY
1. New section filed 12-14-88; operative 1-13-89 (Register 88, No. 53).
§30507. New Applicant Ranking Process Used by the California Student Aid Commission.
Note • History
(a) Nominees shall be placed into one of the two following categories:
(1) Applicants who have completed fewer than 30 semester units or 45 quarter units of college; or
(2) Applicants who have completed 30 or more semester units or 45 or more quarter units of college.
(b) Within each category, nominees shall be ranked in descending order by score (highest first).
NOTE
Authority cited: Sections 69741 and 69742, Education Code. Reference: 20 U.S.C. 1111d(b) and 34 CFR 653.32(a).
HISTORY
1. New section filed 12-14-88; operative 1-13-89 (Register 88, No. 53).
§30508. New Applicant Selection Process Used by the California Student Aid Commission.
Note • History
From the two ranking lists nominees shall be selected in order by rank, highest first, in a manner designed to use all currently available funds and to insure that there are funds for each selected individual during that individual's entire projected period of renewal eligibility.
NOTE
Authority cited: Sections 69741 and 69742, Education Code. Reference: 20 U.S.C. 1111d(b) and 34 CFR 653.32(a).
HISTORY
1. New section filed 12-14-88; operative 1-13-89 (Register 88, No. 53).
§30509. Renewal Applicant Application Process and Selection Process.
Note • History
Each renewal applicant shall submit a completed application to the California Student Aid Commission.
All eligible renewal applicants shall be selected for the next year.
NOTE
Authority cited: Sections 69741 and 69742, Education Code. Reference: 20 U.S.C. 1111d(b) and 34 CFR 653.32(a).
HISTORY
1. New section filed 12-14-88; operative 1-13-89 (Register 88, No. 53).
§30510. Preferential Treatment for New Applicants Who Agree to Pursue Teaching Careers in the Areas of Math, Science, or Bilingual Education.
Note • History
If applications received by the California Student Aid Commission from new applicants (nominees) exceed the number of available scholarships for new applicants, the names of individual applicants (nominees) who agree to pursue teaching careers in the areas of Math, Science, or Bilingual Education shall be moved to the tops of the two selection lists, shall be ranked there by score, and shall be selected first, provided that no more than 75% of the scholarships awarded for that year shall be awarded to applicants (nominees) who receive preference. If 75% of the scholarships awarded are awarded to applicants (nominees) who receive preference, then the two ranking lists shall be re-sorted by score, and the remaining 25% of the scholarships shall be awarded without regard to preference.
NOTE
Authority cited: Sections 69741 and 69742, Education Code. Reference: 20 U.S.C. 1111b(c) and 34 CFR 653.32(b).
HISTORY
1. New section filed 12-14-88; operative 1-13-89 (Register 88, No. 53).
§30511. Financial Awards Limited to Four Academic Years.
Note • History
A selected scholar shall receive financial awards only during his or her sophomore, junior, senior, and/or fifth year of study. A student entering the program as a freshman shall start receiving financial awards during his or her renewal year if renewal eligibility is maintained and if funds are available.
NOTE
Authority cited: Sections 69741 and 69742, Education Code. Reference: 20 U.S.C. 1111c(a) and 34 CFR 653.21(a)(2).
HISTORY
1. New section filed 12-14-88; operative 1-13-89 (Register 88, No. 53).
§30512. Equivalency of GED Test Scores.
Note • History
A General Educational Development (GED) average standard test score of 62 or higher shall be deemed to be equivalent to ranking in the top 10% of the high school graduates of the nation.
NOTE
Authority cited: Sections 69741 and 69742, Education Code. Reference: 34 CFR 653.30(c)(2).
HISTORY
1. New section filed 12-14-88; operative 1-13-89 (Register 88, No. 53).
§30513. Appeal Procedures for Applicants and Scholars.
Note • History
A scholar or an applicant may appeal any adverse determination by the California Student Aid Commission in the following manner:
(a) Provide a written notice of appeal which includes a concise statement of the action which is being challenged;
(b) Mail the notice of appeal postmarked within 20 calendar days following the date appearing on the letter being appealed; and
(c) Pursue appeals before the following individuals or entities, in the order presented:
(1) Program Coordinator, California Student Aid Commission,
(2) Deputy Director of Grants, California Student Aid Commission,
(3) Executive Director, California Student Aid Commission; and
(4) The California Student Aid Commission.
NOTE
Authority cited: Sections 69741 and 69742, Education Code. Reference: 34 CFR 653.40(c)(2).
HISTORY
1. New section filed 12-14-88; operative 1-13-89 (Register 88, No. 53).
§30514. Prorating Repayment According to Fraction of Teaching Obligation Not Completed.
Note • History
(a) The principal amount a scholar shall repay for failure to fulfill the teaching obligation for a particular award year is determined by the following formula:
Years of teaching
obligation for that
award year not
completed x Scholarship amount = Scholarship amount
Total years of for that award year to be repaid
teaching obligation for that award year
for that award year
(b) The definition of a teaching year shall be the same as that used by the school or school district in which the scholar teaches.
NOTE
Authority cited: Sections 69741 and 69742, Education Code. Reference: 20 U.S.C. 1111f and 34 CFR 653.42(a)(1).
HISTORY
1. New section filed 12-14-88; operative 1-13-89 (Register 88, No. 53).
Note • History
Collection costs shall include attorney fees, court filing fees, fees for service of process, and telephone and mail costs directly incurred in the collection effort.
NOTE
Authority cited: Sections 69741 and 69742, Education Code. Reference: 20 U.S.C. 1111f and 34 CFR 652.42(a)(3).
HISTORY
1. New section filed 12-14-88; operative 1-13-89 (Register 88, No. 53).
§30516. Alteration of Repayment Schedule When Scholar's Financial Condition Warrants.
Note • History
The California Student Aid Commission shall determine whether to reduce the amount of the required periodic payments for a scholar who does the following, in writing, at any time during the repayment process:
(a) Asks for a reduction of the periodic payment to a specified amount; and
(b) Asks for the payment reduction for a specified period of time, indicating the date of the commencement of the payment of the reduced amount and the date when it will return to its set amount; and
(c) Explains the reason for and provides appropriate documentation of a financial hardship; and
(d) Agrees to make supplemental payments after the lower payment period to complete repayment within the time specified by law.
NOTE
Authority cited: Sections 69741 and 69742, Education Code. Reference: 34 CFR 653.42(d)(2)(ii).
HISTORY
1. New section filed 12-14-88; operative 1-13-89 (Register 88, No. 53).
§30517. Documentation Required for Claim That Repayment Obligation Is Temporarily Suspended.
Note • History
A recipient who is required to repay a scholarship shall not be considered in violation of the repayment provisions as long as the recipient:
(a) Is engaging in a full-time course of study at an institution of higher education and provides the California Student Aid Commission (CSAC) with verification of full-time enrollment from the institution;
(b) Is serving, not in excess of three years, on active duty as a member of the armed services of the United States and provides the California Student Aid Commission with a letter from the commanding officer certifying the date of entry and expiration of active obligated service;
(c) Is temporarily totally disabled, for a period not to exceed three years, as established by sworn affidavit of a qualified physician;
(d) Is unable to secure employment for a period not to exceed twelve months by reason of the care required by a spouse who is disabled as established by sworn affidavit of a qualified physician;
(e) Is seeking and unable to find full-time employment for a single period not to exceed twelve months as established by sworn affidavit of the scholar; or,
(f) Is unable to satisfy the terms of the repayment schedule established by the California Student Aid Commission and is also seeking and unable to find full-time employment as a teacher in a public or private non-profit pre-school, elementary school, or secondary school, or in a public or private nonprofit pre-school, elementary, or secondary education program for a single period not to exceed 27 months as established by the sworn affidavit of the scholar.
NOTE
Authority cited: Sections 69741 and 69742, Education Code. Reference: 34 CFR 653.42(h).
HISTORY
1. New section filed 12-14-88; operative 1-13-89 (Register 88, No. 53).
Article 13. The California Teacher Shortage Loan Assumption Program [Repealed]
HISTORY
1. Change without regulatory effect repealing article 13 (sections 30600-30607) filed 2-16-88; operative 2-16-88 (Register 88, No. 9).
Article 14. Assumption Program of Loans for Education
Note • History
“Academic year” means a period of time determined by the eligible institution.
“Assume” and “Assumed” means pay or paid on program participants behalf.
“Award” means an allocation that has been utilized and the program participant has received valid confirmation of program participation from the Commission.
“Commission” means California Student Aid Commission.
“Designated loan programs” and “Assumable Loans” means loans that fall into any of the following categories:
(a) the Federal Family Education Loan Program (20 U.S.C. Sec. 1071 et seq.);
(b) the Federal Direct Loan Program (20 U.S.C. Sec. 1087 et seq.);
(c) Privately funded educational loans to students issued through institutions of higher education for the purpose of defraying the costs associated with obtaining a baccalaureate degree or an initial California teaching credential; or
(d) any educational loan program approved by the Commission on a case-by-case basis but not including lines of credit, home equity loans, credit card debt, and other general consumer loans, business loans, personal loans, or mortgages;
“Eligible applicant” means:
(a) a student who:
(1) has completed at least 60 semester units or the equivalent; and
(2) has been admitted to or is enrolled in coursework required for a baccalaureate degree or initial teaching credential; and
(3) has not completed all of the coursework necessary to obtain an initial teaching credential (preliminary/clear), unless the candidate has an initial teaching credential and is pursuing a reading certificate or specialist credential, required for teaching special education or reading; and
(4) submits an application pursuant to Section 30702 and agrees to begin the first school year of eligible teaching service within 36 months of obtaining an initial teaching credential; and
(5) has received or is approved to receive, a loan under one or more of the designated loan programs; or
(b) a credentialed teacher who:
(1) is teaching in a public school ranked in the lowest two deciles on the Academic Performance Index; and
(2) possesses a clear multiple subject or single subject teaching credential or level II education specialist credential; and
(3) submits an application pursuant to Section 30702 and agrees to continue eligible teaching in a public school ranked in the lowest two deciles; and
(4) has received a loan under one or more of the designated loan programs; or
(c) a district intern who:
(1) has a baccalaureate degree; and
(2) has passed the CBEST; and
(3) has not completed all of the coursework necessary to obtain an initial teaching credential (preliminary/clear), unless the candidate has an initial teaching credential and is pursuing a reading certificate or specialist credential, required for teaching special education or reading; and
(4) is approved to participate in a Commission on Teacher Credentialing or approved district intern program leading to a full teaching credential; and
(5) submits an application pursuant to Section 30702 and agrees to begin the first school year of eligible teaching service within 36 months of obtaining an initial teaching credential; and
(6) has received or is approved to receive, a loan under one or more of the designated loan programs;
“Eligible Institution” means a postsecondary institution that is determined by the Commission to meet the following requirements:
(a) The institution is eligible to participate in state and federal financial aid programs; and
(b) The institution maintains a program of professional preparation that has been approved by the Commission on Teacher Credentialing; and
(c) The institution has a signed APLE Institutional Agreement on file with the Commission.
“Eligible school” means:
(a) a public elementary or secondary school located in California that meets any of the following criteria, as designated by the Superintendent of Public Instruction:
(1) It serves a large population of pupils from low-income families
(2) Is a school that has 20 percent or more teachers holding emergency-type permits including but not limited to, any of the following:
(A) Provisional internships.
(B) Short-term staff permits.
(C) Credential waivers.
(D) Substitute permits.
(3) It is a school that is ranked in the lowest two deciles on the Academic Performance Index.
(4) It is a school that is ranked in the lowest five deciles on the Academic Performance Index. A school that is ranked in the lowest five deciles on the Academic Performance Index is an eligible school only for participants who enter the program prior to January 1, 2009.
(5) It is a school that serves a rural area.
(b) It is a state special school.
“Eligible School District” and “County Office of Education” means a California school district/County Office of Education that is determined by the Commission to meet the following requirements:
(a) The school district/County Office of Education has public elementary or secondary schools located in its district that are ranked in the lowest 2 deciles of the Academic Performance Index; and
(b) The school district/County Office of Education has a signed APLE Institutional Agreement on file with the Commission.
“Full-time” and “full-time basis” means full-time employment, as determined by the eligible employing school which includes 175 days or its equivalent.
“Half-time basis” means half-time enrollment as determined by the eligible institution.
“Initial teaching credential” means a preliminary or clear multiple or single subject teaching credential unless the program participant has agreed to provide teaching service in reading or special education. If the program participant has agreed to provide teaching service in special education or reading, the initial teaching credential is a reading certificate or specialist credential in special education or in reading.
“Invalid award” means:
(a) An award held by a person not yet eligible to receive a full California Teaching Credential who has become ineligible to continue participation in the Assumption Program of Loans for Education, or
(b) For program participants who enter the program on or after 01/01/09, an award held by a person who has received an initial teaching credential who did not begin the first school year of eligible teaching service within 36 months of the date when that person obtained the initial credential, unless this period was extended pursuant to section 30708.
(c) For program participants who enter the program before 01/01/09, an award held by a person who has received an initial teaching credential who did not redeem the agreement within 36 months of the date when that person obtained the initial credential, unless this period was extended pursuant to section 30708.
“Loan Assumption Agreement” or “agreement” means the agreement between the program participant and the Commission establishing the program terms and requirements as specified in Attachments A.2, B.2, and C.2.
“Natural Disaster” means a fire, flood, storm, tidal wave, earthquake, terrorism, epidemic, or other similar public calamity that the Governor determines presents a threat to public safety. (California Government Code, Section 8680.3)
“Other natural causes” means a disease, or physical or mental condition involving inpatient care in a hospital or residential health care facility, or continuing treatment or continuing supervision by a health care provider, or family care and medical leave under Government Code section 12945.2 or the Family and Medical Leave Act of 1993 (Code of Federal Regulations Title 29 Chapter V Part 825).
“Part-time” and “part-time basis” means part-time employment, as determined by the employing school.
“Program” means the Assumption Program of Loans for Education (APLE) established in Article 5 (commencing with section 69612) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code and as set forth in this Article.
“Program participant” means an individual who has signed a loan assumption agreement and received confirmation of program participation from the Commission. The Commission will send the program participant an acknowledgement of acceptance letter informing the participant of acceptance into the program.
“Satisfactory academic progress” and “satisfactory progress” means academic standing consistent with the requirements of the eligible institution for satisfactory progress toward the award of the graduate degree, undergraduate degree, or teacher credential program.
A “school year” means a period of time determined by the employing school which consists of at least 175 school days or its equivalent.
“Serious illness” means an illness involving inpatient care in a hospital or residential health care facility, or continuing treatment or continuing supervision by a health care provider, or family care and medical leave under Government Code section 12945.2 or the Family and Medical Leave Act of 1993 (Code of Federal Regulations Title 29 Chapter V Part 825).
“Unutilized allocation” is an allocation an eligible institution or participating district intern program office does not or cannot utilize.
NOTE
Authority cited: Section 69615, Education Code. Reference: Sections 69612.5, 69613, 69613.4 and 69613.6, Education Code.
HISTORY
1. New section filed 10-13-88; operative 11-12-88 (Register 88, No. 43).
2. Amendment of subsection (a) and amendment of Note filed 6-7-99; operative 7-7-99 (Register 99, No. 24).
3. Repealer and new article 14 (sections 30701-30709) and repealer and new section filed 1-21-2010; operative 1-21-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 4).
§30702. Application to Participate in the Program.
Note • History
(a) Applications to participate in the program from applicants pursuing an initial teacher credential shall be submitted by the eligible applicant to his or her eligible institution or participating district intern program office. Applications to participate in the program from credentialed teachers shall be submitted by the eligible applicant to his or her California County Offices of Education. To maximize awards the applications should be submitted to the Commission by the September 30th priority deadline and shall include the following information regarding the eligible applicant on a form provided by the Commission (Attachment A.1, B.1, or C.1):
(1) Applicant's personal information, including:
(A) Last name, first name and middle initial;
(B) Social Security Number;
(C) Address and telephone numbers (home, cellular or alternate);
(D) Date of birth;
(E) E-mail address, if available;
(F) For student applicants, Student School Identification Number;
(G) For a student or district intern applicant, undergraduate and graduate units completed;
(H) The credential that the applicant currently holds or expects to receive;
(I) The date that the applicant received or is expected to receive his or her credential;
(J) Age;
(K) Gender;
(L) Ethnicity;
(M) Teaching area in which the applicant agrees to provide service (subject to annual change pursuant to Education Code Section 69613.1);
(N) For district intern applicants, indicate if applicant has passed the California Basic Educational Skills Test (CBEST).
(2) The applicant's representations that he or she:
(A) does not owe a refund on any state or federal educational grant; and
(B) does not have a defaulted student loan; and
(C) has received or has been approved to receive an eligible educational loan; and
(D) understands the application must be submitted by the deadline established by the eligible institution, participating district intern program, eligible school districts, or County Office of Education; and
(E) will comply with all student loan repayment obligations and continue to make scheduled payments on student loan(s) until notified by his or her lender that the loan is paid in full; and
(F) understands school counseling, school psychology and educational administration are not eligible (for applicants nominated by eligible institutions and County Offices of Education); and
(G) understands the teaching area indicated on the application cannot be changed at a later date without the prior written approval of the Commission (for applicants nominated by eligible institutions and participating district intern program offices);
(3) For applicants nominated by eligible institutions, statement that the applicant agrees to:
(A) maintain satisfactory academic progress through receipt of the initial teaching credential and maintain half-time enrollment in an eligible institution; and
(B) be enrolled in coursework leading to a baccalaureate degree or in a professional teaching preparation program; and
(C) provide four full-time consecutive school years, or on a part-time basis for the equivalent of four full-time school years, of qualifying teaching service in the area that is designated as a current or projected shortage or at an eligible school; and
(D) sign a Loan Assumption Agreement; and
(E) obtain a California K-12 credential and teach in his or her designated subject area in eligible California school grades K-12; and
(F) have completed at least sixty semester or ninety quarter units of postsecondary education prior to the beginning of the fall term.
(4) For applicants nominated by participating district intern program offices, statement that the applicant agrees to:
(A) continue in the district intern program until recommended for a preliminary or clear teaching credential; and
(B) provide four full-time consecutive school years, or on a part-time basis for the equivalent of four full-time school years, of qualifying teaching service in the area that is designated as a current or projected shortage or at an eligible school; and
(C) obtain a California K-12 credential and teach in his or her designated subject area in an eligible California schools grades K-12; and
(D) sign a Loan Assumption Agreement;
(5) For applicants nominated by County Offices of Education:
(A) statement that the applicant agrees to continue to provide four full-time consecutive school years, or on a part-time basis for the equivalent of four full-time school years, of qualifying teaching service at a public school ranked in the bottom 20% on the Academic Performance Index; and
(B) Verification of the number years the applicant taught at a public school ranked in the lowest two deciles on the Academic Performance Index; and
(C) Certification that the applicant:
1. has not previously participated and received benefits from the APLE program; and
2. is currently teaching at a eligible school ranked in the bottom 20% of the Academic Performance Index (API) in grades K-12.
(6) The name of the lender/servicer, type of loan, loan status, and current balance(s) of a loan or loans the applicant has received, or has been approved to receive, under one or more of the designated loan programs.
(7) The applicant shall sign the application under penalty of perjury, under the laws of the State of California, that all statements contained in the application and any accompanying documents are true and correct, with full knowledge that all statements made in the application are subject to investigation. Any false or dishonest answer to any question may be grounds for denial to participate in APLE. That the applicant does not owe a refund on any state or federal educational grant or defaulted on any student loan. The applicant authorizes the Commission to receive and release any student records, and any application information between institutions and appropriate public and private agencies. The applicant will provide documentation to verify all information provided, if requested.
NOTE
Authority cited: Section 69615, Education Code. Reference: Sections 69613 and 69614, Education Code.
HISTORY
1. New section filed 10-13-88; operative 11-12-88 (Register 88, No. 43).
2. Repealer and new section filed 1-21-2010; operative 1-21-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 4).
§30703. Allocation of Awards, Reallocation of Unutilized Allocations, and Cancellation of Invalid Awards.
Note • History
(a) Each eligible institution and participating district intern program office shall receive at least one allocation, and the remainder shall be distributed to eligible institutions and participating district intern program offices proportionate to the number of teaching candidates from each eligible institution or participating district intern program offices who completed the coursework required for a teaching credential based on the most recent data available from the Commission on Teacher Credentialing.
(b) Each eligible institution or participating district intern program office shall provide to the Commission the following information (use of Attachments A.4 and C.4 is optional):
(1) The number of students or district interns who competed for an award; and
(2) The number of students or district interns who met the eligible institution's or participating district intern program office's selection criteria; and
(3) The number of students or district interns who were selected as applicants; and
(4) The number of additional allocations the eligible institution or district intern program could use; and
(5) The criteria the eligible institution used in selecting applicants; and
(6) The Grade Point Average (GPA) cutoff, if applicable; and
(7) For eligible institutions, the type of teacher preparation programs the schools offers; and
(8) Certification that the nominating official:
(A) has enclosed an application and loan assumption agreement for each applicant; and
(B) has verified that each applicant meets the program eligibility requirements; and
(C) has verified the applicants' academic majors and credential objectives are compatible with their designated teaching subject areas; and
(D) understands that the applications and loan assumption agreements will undergo further review by the Commission and only students who meet all program requires will be permitted to participate in APLE; and
(E) for an eligible institution, has not nominated an applicant who already holds an initial teaching credential or will complete the coursework necessary to obtain a initial credential before the fall term of the award year for which they are applying; and
(9) school name; and
(10) signature; and
(11) title; and
(12) print name; and
(13) e-mail Address; and
(14) telephone Number; and
(15) fax Number; and
(16) date; and
(17) a Selection Summary Sheet (use of Attachments A.5 and C.5 is optional) that includes the:
(A) applicant names;
(B) Social Security Numbers; and
(C) teaching service area of applicants who have been selected to receive an award; and
(18) a Reallocation Summary Sheet on (use of Attachments A.6 and C.6 is optional) that includes the school name, applicant names, Social Security Numbers, and teaching service area of applicants who are being nominated for reallocation. The nominees shall be listed in priority order. First priority shall be given to applicants who agree to obtain a teaching credential in mathematics, science, or special education. Second priority shall be given to applicants who are recipients of federally subsidized loans or other need-based loans.
(19) Applications submitted with the Reallocation Summary Sheet will be used to replace ineligible applications submitted through the initial allocation process. The Reallocation Summary Sheet will also be used to make awards if additional awards are allocated to the eligible institution or participating district intern program office.
(c) Having received the information provided by eligible institutions and participating district intern program offices, the Commission shall determine whether the total number of unutilized allocations is less than or equal to the total number of additional allocations institutions could use if additional awards were available, and,
(1) If the total number of unutilized allocations is greater than or equal to the total number of additional awards institutions could use if additional awards were available during the application year for which the awards were allocated, the Commission will reallocate all unutilized allocations after the September 30th priority deadline to elible institutions and participating district intern program office, giving to each eligible institution and participating district intern program office the number of awards requested, and
(2) If the total number of unutilized allocations is less than the total number of additional awards eligible institutions or participating district intern program offices could use if additional awards were available during the application year for which the awards were allocated, the Commission will reallocate all remaining unutilized allocations to eligible institutions and participating district intern program offices. The Commission will determine the total number of unutilized awards, additional awards requested from each eligible institution or participating district intern program offices, and number of additional awards requested from all eligible institutions or all participating district intern program offices. The Commission will apply the following formula to each eligible institution or participating district intern program office that requests additional awards to determine how many additional awards will be allocated:
A (number of additional awards requested by the eligible institution or participating district intern program office) / B (the total additional awards requested by all eligible institutions or participating district intern program offices) x C (the number of unutilized awards) = number of additional awards granted to an eligible institution or participating district intern program office
If A = 100, B = 500, and C = 100
A/B x C =
(100/500) x (100) = 20
In this example, the first 20 eligible applicants from the reallocation list would be given an award
(d) All invalid awards shall be cancelled. No invalid awards shall be reallocated.
(e) The Commission will send each eligible institution, eligible school district, and participating district intern program that submit nominations pursuant to Section 30702 an Institutional Acceptance Report identifying the nominees that have been accepted into the program.
NOTE
Authority cited: Sections 69613 and 69615, Education Code. Reference: Sections 69614 and 69615, Education Code.
HISTORY
1. New section filed 10-13-88; operative 11-12-88 (Register 88, No. 43).
2. Amendment of section and Note filed 6-7-99; operative 7-7-99 (Register 99, No. 24).
3. Repealer and new section filed 1-21-2010; operative 1-21-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 4).
§30704. The APLE Institutional Agreement, Nominations by an Eligible Institution, Participating District Intern Program Office, Eligible School District, and County Offices of Education and the Renewal Verification Report.
Note • History
(a) Each eligible institution, participating district intern program office, eligible school district, and California County Office of Education shall sign an Institutional Agreement (Attachment D) with the Commission. The Institutional Agreement shall include the printed name and title of the institutional representative, the signature of the institutional representative, phone number, date, and Signature of the Chief of the Program Administrative and Services Division. The eligible institution, eligible school district, County Office of Education, the participating district intern program office, and the Commission agree to the following:
(1) The Commission shall distribute APLE program information, student applications, and loan assumption agreements to eligible postsecondary institutions. Eligible institutions must participate in state and federal financial aid programs and have a qualifying program of professional preparation that has been approved by the Commission on Teacher Credentialing. Each eligible institution shall receive at least one allocation, and the remainder shall be distributed proportionate to the number of teaching candidates from each institution that were fully credentialed based on the most recent data available. Each eligible institution is responsible for submission of completed nominated applications and loan assumption agreements to the Commission.
(2) The Commission shall distribute APLE program information, credentialed teacher applications and loan assumption agreements to participating California County Offices of Education. Each County Office of Education shall make applications available to eligible school districts that employ credentialed teachers who are authorized to teach and teach in a school ranked in the bottom 2 deciles of the Academic Performance Index. Each County Office of Education is responsible for submission of completed nominated applications and loan assumption agreements to the Commission.
(3) The Commission shall distribute APLE program information, district intern applications, and loan assumption agreements to participating district intern program offices having a program of professional preparation that has been approved by the Commission on Teacher Credentialing. Each eligible office shall receive at least one allocation, and the remainder shall be distributed to eligible offices proportionate to the number of teaching candidates from each office that were fully credentialed based on the most recent data available. Each District Intern Program Office is responsible for submission of completed nominated applications and loan assumption agreements to the Commission.
(4) The Postsecondary Institution, or the County Office of Education, or the District Intern Program Office shall distribute these APLE applications and loan assumption agreements as follows:
(A) For postsecondary institutions and district intern programs, applications and loan assumption agreements shall be provided to applicants who agree to teach for at least four consecutive full-time school years, or on a part-time basis for the equivalent of four full-time school years after obtaining a teaching credential. Qualified teaching shall be in an eligible school, in a subject area(s) that is designated as current or projected shortage area(s) by the Superintendent of Public Instruction.
(B) For postsecondary institutions and district intern program applications shall be provided to applicants who agree to obtain teaching credentials and to provide classroom instruction in schools that serve large populations of students from low-income families, schools in a rural area, schools with a high percentage of teachers holding emergency-type permits, or schools ranked in the lowest two deciles on the Academic Performance Index. Applicants shall agree to teach for at least four consecutive full-time school years, or on a part-time basis for the equivalent of four full-time school years.
(C) For the county offices of education, applications and loan assumption agreements shall be provided to credentialed teachers in eligible school districts, that are currently teaching in schools that are ranked in the lowest 20% of the Academic Performance Index. Applicants shall agree to teach for at least four consecutive full-time school years, or on a part-time basis for the equivalent of four full-time school years.
(5) The Postsecondary Institution further agrees to:
(A) Administer the loan assumption program according to all applicable published rules, regulations, and guidelines; and
(B) Make special efforts to notify students regarding the availability of the program, particularly those students who are members of populations underrepresented in the teaching profession; and
(C) Coordinate the loan assumption program with other existing programs designed to recruit or encourage students to enter the teaching profession; and
(D) Provide financial aid information, including student loan information, on APLE applicants and program participants; and
(E) Provide other information necessary to establish eligibility for APLE applicants and program participants; and
(F) Report on the selection criteria and selection procedures used to allocate applications for APLE program applicants; and
(G) Verify that each APLE applicant and program participant has maintained satisfactory academic progress half-time enrollment; and
(H) Verify that the program participant's student does not owe a refund on any state or federal educational grant or defaulted on any student loan.
(6) The County Office of Education further agrees to:
(A) Administer the loan assumption program according to all applicable published rules, regulations, and guidelines; and
(B) Make special efforts to notify credentialed teachers regarding the availability of the program, through eligible school districts, particularly those credentialed teachers who are teaching in schools that are ranked in the lowest 2 deciles of the Academic Performance Index; and
(C) Provide other information necessary to establish eligibility for APLE applicants and program participants.
(7) The District Intern Program Office further agrees to:
(A) Administer the loan assumption program according to all applicable published rules, regulations, and guidelines; and
(B) Make special efforts to notify students regarding the availability of the program, particularly those students who are members of populations underrepresented in the teaching profession; and
(C) Coordinate the loan assumption program with other existing programs designed to recruit or encourage students to enter the teaching profession; and
(D) Provide other information necessary to establish eligibility for APLE applicants and program participants; and
(E) Report on the selection criteria and selection procedures used to allocate applications for APLE program applicants.
(b) An eligible institution may nominate eligible applicants who have submitted applications and loan assumption agreements to participate in the program meeting the requirements of Section 30702 by submitting to the Commission all of the following information on a form provided by the Commission (Attachment A.1):
(1) the applicant's complete application and loan assumption agreement;
(2) the eligible institution's certifications of the following information:
(A) the applicant's expected standing for the academic year
1. college junior; and
2. senior; and
3. continuing undergraduate; and
4. graduate-pursuing teacher certification;
(B) the type of program the applicant will be enrolled in:
1. an academic program leading to a baccalaureate degree; or
2. an academic program of professional teacher preparation
3. a district intern program
4. an internship program which requires a Commission on Teacher Credentialing Internship Credential to teach;
(3) The date the applicant is expected to receive his or her initial teaching credential or special education credential.
(c) A participating district intern program office may nominate eligible applicants who have submitted applications and loan assumption agreements to participate in the program meeting the requirements of Section 30702 by submitting to the Commission all of the following information on a form provided by the Commission (Attachment C.1):
(1) the applicant's complete application and loan assumption agreement,
(2) the district intern program the applicant will be participating in during the academic year:
(A) the school name; and
(B) the district intern program
(3) Date the applicant is expected to complete training for:
(A) a preliminary or clear teaching credential; or
(B) a Special Education credential.
(d) Each year the County Office of Education shall solicit, from every school district in that county, nominations of credentialed teachers teaching in a public school ranked in the lowest two deciles on the Academic Performance Index. The County Office of Education may nominate eligible applicants who have submitted applications and loan assumption agreements to participate in the program meeting the requirements of Section 30702 by submitting to the Commission all of the following information on a form provided by the Commission (Attachment B.1):
(1) The applicant's complete application and loan assumption agreement;
(2) the County Office of Education certifications of the following information:
(A) the applicant possesses a clear single subject credential in math or science and is authorized to teach in grades 7-12; or
(B) the applicant currently possesses a clear multiple subject teaching credential and is authorized to teach in grades K-12; or
(C) the applicant currently possesses a level II education specialist credential and is authorized to teach in grades K-12; and
(D) the applicant is currently teaching at the public school ranked in the lowest 2 deciles on the Academic Performance Index
(3) the following school information:
(A) School Name; and
(B) District Name; and
(C) County; and
(D) Number years the applicant taught at a public school ranked in the lowest two deciles on the Academic Performance Index;
(e) Each nomination, including the certifications required by this section, submitted by a eligible institution, participating district intern program office, or County Office of Education shall include:
(1) the school seal or county seal; and
(2) signature of the APLE coordinator, district intern official, county official, or designee under penalty of perjury under the laws of the State of California. If requested, the APLE coordinator, district intern official, or county official must provide documentation to verify all information provided; and
(3) printed or typed name of the APLE coordinator, district intern official, or county official; and
(4) title of the APLE coordinator, district intern official, or county official; and
(5) email address; and
(6) phone number; and
(7) for a district intern official, the fax number; and
(8) for a county official, the county name; and
(9) for an APLE coordinator, the school name; and
(10) date
(f) Each year eligible institutions shall submit renewal verification reports to the Commission. The Commission will use this information to determine if the program participant has retained program eligibility. The report shall included the following information:
(1) Verification if the program participant maintained a minimum of half-time enrollment; and
(2) Verification if the program participant maintained satisfactory academic progress; and
(3) The program participants current educational level; and
(4) Verification if the program participant is enrolled for the next academic year; and
(5) If the program participant was recommended to Commission on Teacher Credentialing for a preliminary or clear credential; and
(6) The date the program participant was recommended, if applicable; and
(7) Verification that the program participant does not owe a refund on any state or federal educational grant or has not defaulted on any educational loan.
(g) Each year participating district intern program offices shall submit renewal verification reports to the Commission. The Commission will use this information to determine if the program participant has retained program eligibility. The report shall include the following information:
(1) If the program participant maintained satisfactory progress; and
(2) If the program participant was recommended to Commission on Teacher Credentialing for a preliminary or clear credential, and
(3) Verification that the program participant does not owe a refund on any state or federal educational grant or has not defaulted on any educational loan.
NOTE
Authority cited: Section 69615, Education Code. Reference: Sections 69613, 69614 and 69615.4, Education Code.
HISTORY
1. New section filed 10-13-88; operative 11-12-88 (Register 88, No. 43).
2. Repealer and new section filed 1-21-2010; operative 1-21-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 4).
Note • History
(a) The Commission shall process applications and loan assumption agreements and select program participants from among the eligible applicants whose applications are:
(1) complete and received by the Commission by the September 30th priority deadline date for each award year; and
(2) who are determined by the Commission to meet all requirements for participation established in the Education Code.
(b) If the maximum authorized allocation of awards is not exhausted after the priority deadline, the Commission may continue to accept applications and loan assumption agreements and select program participants. The Commission may continue to make awards until the maximum authorized allocation is exhausted or through June 30th of the application year.
(c) The Commission will make awards to applicants nominated by eligible institutions and participating district intern program offices who have met all requirements for participation in the program and who appear on an eligible institution's or participating district intern program office's Selection Summary Sheet. This number will not exceed the eligible institution's or participating district intern program office's allocation. If the eligible institution or participating district intern program office was allocated additional awards, the Commission will make awards to applicants who have met all requirements for participation in the program and who appear on the eligible institution's or district intern program offices reallocation list starting with the first eligible applicant on the list. This number will not exceed the number of additional awards allocated.
(d) The Commission will make awards to credentialed teachers nominated by County Offices of Education who are employed in public schools ranked in the lowest two deciles on the Academic Performance Index using the following priority criteria:
(1) First priority shall be given to applicants who posses a clear teaching credential in mathematics, science, or level II education specialist credential; and
(2) Second priority will be given to applicants who have an outstanding balance on a federally subsidized educational loan(s) or other need-based educational loan(s); and
(3) Third priority will be given to applicants with the highest number of years teaching at a public school ranked in the lowest two deciles on the Academic Performance Index; and
(4) In the case of a tie, the Commission will use the earliest received date of the completed application.
NOTE
Authority cited: Section 69615, Education Code. Reference: Section 69615.6, Education Code.
HISTORY
1. New section filed 10-13-88; operative 11-12-88 (Register 88, No. 43).
2. Amendment of section heading and section filed 6-7-99; operative 7-7-99 (Register 99, No. 24).
3. Repealer and new section filed 1-21-2010; operative 1-21-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 4).
§30706. Loan Assumption Agreements.
Note • History
(a) The nominating entity provides a loan assumption agreement to each nominated eligible applicant. The loan assumption agreement shall be effective when the Commission sends the program participant acknowledgement of acceptance into the program.
(b) The loan assumption agreement shall include the following:
(1) For program participants who are enrolled in or admitted to an approved program the program participants agree to (Attachment A.2):
(A) maintain enrollment in an approved eligible institution and maintain satisfactory progress in either an academic program leading to a baccalaureate degree or a program of professional teacher preparation that has been approved by the Commission on Teacher Credentialing; and
(B) maintain a minimum of half-time enrollment in baccalaureate or credential coursework per academic term as defined by the eligible institution; and
(C) complete coursework and training necessary to obtain an initial teaching credential other than an emergency credential which requires receipt of a baccalaureate degree and completion of a Commission on Teacher Credentialing approved program of professional teacher preparation which includes a student teaching requirement and authorizes service for K-12 grades; and
(D) continue to satisfy the eligibility requirements in section 30702(a)(2)-(3); and
(E) teach on a full-time basis in a subject area that is designated as a current or projected shortage area or at an eligible school, as designated on the Loan Assumption Agreement, for four consecutive school years on a full-time basis, or on a part-time basis for the equivalent of four full-time school years, beginning the first school year of eligible teaching service within thirty-six (36) months after obtaining an initial teaching credential.
(2) For program participants who are credentialed teachers in a public school ranked in the lowest two deciles on the Academic Performance Index at the time of application, the program participant agrees to (Attachment B.2):
(A) continue to satisfy the eligibility requirements in sections 30702(a)(2) and (5); and
(B) possess and maintain a clear multiple subject or clear single subject teaching credential or level II education specialist credential in California; and
(C) continue to teach in at a public school ranked in the lowest two deciles on the Academic Performance Index on a full-time basis or the part-time equivalent for four full-time, or its equivalent, consecutive school years; and
(D) authorize the eligible institution attended by the applicant, employers, and lenders to provide information requested by the Commission for the purposes of administering the loan assumption agreement; and
(E) teaching service provided prior to the program participant entering into the program will not count toward assumption benefits.
(3) For program participants who are district interns, the program participants agree to (Attachment C.2):
(A) maintain satisfactory progress in an approved participating APLE for district intern program that that has been approved by the Commission on Teacher Credentialing; and
(B) complete training necessary to obtain an initial teaching credential (other than an emergency credential) that requires receipt of a baccalaureate degree and authorizes service for kindergarten through 12th grade; and
(C) teach in a subject area that is designated as a current or projected shortage area or at an eligible school for four consecutive school years on a full-time basis or on a part-time basis for the equivalent of four full-time school years beginning the first school year of eligible teaching within thirty-six (36) months after obtaining an initial teaching credential; and
(D) continue to satisfy the eligibility requirements in section 30702(a)(2) and (4); and
(E) authorize the district intern program, employers, and lenders to provide information requested by the Commission for the purposes of administering the loan assumption agreement.
(4) For program participants who sign a loan assumption agreement prior to January 1, 2009 the Commission shall agree that:
(A) after the program participant has obtained an initial teaching credential and provide the first full school year of eligible full-time teaching service in K-12 grade at an eligible school within thirty-six (36) months from the date the individual becomes eligible to receive their initial teaching credential; and
(B) after the program participant has completed one school year of teaching on a full-time basis in a subject that was designated as a current or projected shortage area at the time of application or at an eligible school, the Commission shall assume, subject to the requirements of section 30707, up to two thousand dollars ($2,000) of the outstanding liability of the program participant under one or more of the designated loan programs; and
(C) after the program participant has completed two consecutive school years of teaching on a full-time basis in a subject that was designated as a current or projected shortage area at the time of application or at an eligible school, the Commission shall assume, subject to the terms of section 30707, up to an additional three thousand dollars ($3,000) of the outstanding liability of the program participant under one or more of the designated loan programs, for a total loan assumption of up to five thousand dollars ($5,000); and
(D) after the program participant has completed three consecutive school years teaching on a full-time basis in a subject that is designated as a current or projected shortage area at the time of application or at an eligible school, the Commission shall assume, subject to the terms of section 30707, up to an additional three thousand dollars ($3,000) of the outstanding liability of the program participant under one or more of the designated loan programs, for a total loan assumption of up to eight thousand dollars ($8,000); and
(E) after the program participant has completed four consecutive school years teaching on a full-time basis in a subject that is designated as a current or projected shortage area at the time of application or at an eligible school, the Commission shall assume, subject to the terms of section 30707, up to an additional three thousand dollars ($3,000) of the outstanding liability of the program participant under one or more of the designated loan programs, for a total loan assumption of up to eleven thousand dollars ($11,000); and
(F) additional benefits shall be granted to program participants that hold the credential appropriate for teaching and who teach in mathematics, science, and special education as follows:
1. Up to one thousand dollars ($1,000) of additional liability per eligible full-time school year shall be assumed for each eligible year of service up to a maximum of four years; and
2. Up to one thousand dollars ($1,000) of additional liability per eligible full-time school year shall be assumed for persons who teach in schools in the lowest two deciles on the Academic Performance Index rating for each eligible year of service up to a maximum of four years.
(G) Loans obtained for coursework after the program participant has received an initial teaching credential are not eligible for assumption under the APLE.
(5) For program participants who sign a loan assumption agreement on or after January 1, 2009 the Commission shall agree that:
(A) after the program participant has completed one school year of teaching on a full-time basis, or on a part-time basis for the equivalent of one full-time school year, in a subject that was designated as a current or projected shortage area at the time of application, at a public school ranked in the lowest two deciles on the Academic Performance Index, or at an eligible school, pursuant to the designated teaching service area indicated on the signed loan assumption agreement the Commission shall assume, subject to the requirements of section 30707, up to two thousand dollars ($2,000) of the outstanding liability of the program participant under one or more of the designated loan programs; and
(B) after the program participant has completed two consecutive school years of teaching on a full-time basis, or on a part-time basis for the equivalent of two full-time school years, in a subject that was designated as a current or projected shortage area at the time of application, at a public school ranked in the lowest two deciles on the Academic Performance Index, or at an eligible school, pursuant to the designated teaching service area indicated on the signed loan assumption agreement the Commission shall assume, subject to the terms of section 30707, up to an additional three thousand dollars ($3,000) of the outstanding liability of the program participant under one or more of the designated loan programs, for a total loan assumption of up to five thousand dollars ($5,000); and
(C) after the program participant has completed three consecutive school years teaching on a full-time basis, or on a part-time basis for the equivalent of three full-time school years, in a subject that is designated as a current or projected shortage area at the time of application, at a public school ranked in the lowest two deciles on the Academic Performance Index, or at an eligible school, pursuant to the designated teaching service area indicated on the signed loan assumption agreement the Commission shall assume, subject to the terms of section 30707, up to an additional three thousand dollars ($3,000) of the outstanding liability of the program participant under one or more of the designated loan programs, for a total loan assumption of up to eight thousand dollars ($8,000); and
(D) after the program participant has completed four consecutive school years teaching on a full-time basis, or on a part-time basis for the equivalent of four full-time school years, in a subject that is designated as a current or projected shortage area at the time of application , at a public school ranked in the lowest two deciles on the Academic Performance Index, or at an eligible school, pursuant to the designated teaching service area indicated on the signed loan assumption agreement the Commission shall assume, subject to the terms of section 30707, up to an additional three thousand dollars ($3,000) of the outstanding liability of the program participant under one or more of the designated loan programs, for a total loan assumption of up to eleven thousand dollars ($11,000); and
(E) additional benefits shall be granted to program participants that hold the credential appropriate for teaching and who teaches in mathematics, science, and special education as follows :
1. Up to one thousand dollars ($1,000) of additional liability per eligible school year of full-time teaching or equivalent on a part-time basis shall be assumed for persons who teach in schools in the lowest 60th percentile of the Academic Performance Index rating up to a maximum of four years; and
2. Up to one thousand dollars ($1,000) of additional liability per eligible school year of full-time teaching or the equivalent on a part-time basis shall be assumed for persons who teach in schools in the lowest 20th percentile of the Academic Performance Index rating up to a maximum of four years; and
(F) loans obtained for coursework after the program participant has received an initial teaching credential are not eligible for assumption under the APLE; and
(6) Participant's Name; and
(7) School Name (for credentialed teachers); and
(8) Teaching service area; and
(9) Signature; and
(10) Date (for credentialed teachers and district interns); and
(11) Social Security Number; and
(12) Telephone Number; and
(13) E-mail Address; and
(14) Mailing Address.
(c) For subsections (b)(4)(F) and (b)(5)(E) of this section, the Commission shall make payments after all documentation is received to establish eligibility. The Commission will make payments in the order received until the five million dollars authorized has been expended, or to the extent that additional funding is authorized per the annual Budget Act.
(d) The loan assumption agreement shall constitute a conditional award that may be redeemed with the Commission as specified in section 30707. A program participant in this program shall not receive more than one loan assumption agreement. A prior participant who holds an invalid award may reapply for the program and be accepted into the program under a new loan assumption agreement if he or she meets program eligibility.
(e) The loan assumption agreement shall include the program participant's acknowledgement the individual understands the educational loan obligations of:
(1) Reporting all outstanding educational loans to the Commission prior to receiving any loan assumption payment; and
(2) Complying will all student loan repayment obligations and continue making scheduled payments on student loan(s) until notified by their lender(s) that the loan(s) are paid in full and understand that a loan assumption payment will not cancel or replace any scheduled student loan payment; and
(3) Provide written notification to the Commission within ten (10) days of any change in the status of any student loan(s), including notice of default and the sale, transfer or consolidation of any student loan(s) to another lender or servicer; and
(4) Be free of any obligation to repay any state or federal educational grant and not be in default on any student loan.
(f) The loan assumption agreement shall include the program participant's acknowledgement the individual understands the additional qualifiers for loan assumption benefits are:
(1) The term of the loan assumption agreement shall be no more than ten (10) years from the date signed by the individual and accepted by the Commission; and
(2) Loans eligible for loan assumptions payments are educational loans under the Federal Family Education Loan Program (20 U.S.C. Section 1071, et seq.) and any educational loan approved by the Commission; and
(3) Educational loans obtained for coursework other than a baccalaureate degree and an initial teaching credential are not eligible for assumption under the program; and
(4) Loans which are eligible for total or partial cancellation under state or federal provisions will never be eligible for assumption under the program even if the individual does not apply for the cancellation benefits or does not qualify for the benefits during subsequent years of eligible teaching service (e.g., Perkins Loans pursuant to the provisions of the Code of Federal Regulations, Title 34, Subtitle B, Chapter VI, Part 674, Subpart D, which is incorporated into this section by reference); and
(5) If the Commission determines that any loan assumption payment was authorized based on misleading or incorrect information, the program participant must reimburse such payment(s) to the Commission; and
(6) Respond to all communications and requests from the Commission within the time indicated or the program participant may be withdrawn from the program; and
(7) If the program participant fails to comply with any procedures deemed necessary and appropriate by the Commission, all conditions cited in the Loan Assumption Agreement and all applicable rules and regulations that the Loan Assumption Agreement will become invalid and the program participant will be withdrawn from the program; and
(8) The consequences of failing to comply with the loan assumption Agreement as specified in section 30708; and
(9) The requirements to redeem the conditional award as specified in section 30707; and
(10) Funding appropriations are contingent upon approved California budget acts.
NOTE
Authority cited: Section 69615, Education Code. Reference: Sections 69613.4, 69613.6 and 69613.8, Education Code.
HISTORY
1. New section filed 10-13-88; operative 11-12-88 (Register 88, No. 43).
2. Amendment of subsection (b)(1), repealer of subsection (b)(2) and subsection renumbering filed 6-7-99; operative 7-7-99 (Register 99, No. 24).
3. Repealer and new section filed 1-21-2010; operative 1-21-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 4).
Note • History
(a) A program participant may redeem the conditional agreement and the Commission shall make loan payments, pursuant to the loan assumption agreement and as provided in Section 30706 and subsection (c), when the Commission has received the following information on forms provided by the Commission for each qualifying year of teaching:
(1) For student or district intern program participants, documentation certifying that the program participant has received an initial teaching credential; and
(2) The following information for each applicable year of employment subject to the loan assumption agreement:
(A) name and social security number; and
(B) authorization for the Commission to change the teaching service area if the school does not qualify under the current designated service area; and
(C) name, address, district, county, and California Department of Education School Code of the employer; and
(D) the updated participant's name, mailing address, city, state, zip code, email address and phone number, if applicable; and
(E) authorization for the employer to release information needed to qualify program participants for program benefits; and
(F) verification the program participant provided teaching service in an eligible school, at a public school ranked in the lowest two deciles on the Academic Performance Index, or in an area that was designated as a current or projected shortage area at the time of application pursuant to the teaching service area indicated on the signed loan assumption agreement; and
(G) program participant's signature under penalty of perjury under the laws of the State of California.
(3) The following employment information from the program participant's employer(s) for each applicable year of employment subject to the loan assumption agreement:
(A) statement that the program participant completed a school year of teaching on a full-time basis, or, if the program participant is employed on a part-time basis, the percentage of employment as related to a full-time school year; and
(B) verification if the program participant provided service as a Special Education teacher and area of specialization, if applicable; and
(C) the grade level in which the program participant provided the instruction; and
(D) the subject area the program participant instructed for the fall and spring term
(E) if the program participant will be employed by the school district for the upcoming school year; and
(F) employer representative's printed or typed name, telephone number, and date; and
(G) the name of school, school district, and school county; and
(H) employer representative's signature under penalty of perjury under the laws of the State of California.
(4) The following information shall be provided by the program participant or the lender and verified by the Commission for each loan that qualifies for payment under the program and the loan assumption agreement:
(A) for participants who have completed their first year of eligible teaching service or have consolidated student loans after their first year of qualified teaching service, the following information from each lending institution for each loan that qualifies for payment under the program and the loan assumption agreement:
1. program participant's name, social security number, phone number, date, and lending institution's contact information; and
2. program participant's signature authorizing the lending institution official to complete and release information needed to qualify participant for program benefits; and
3. account number for each loan; and
4. loan type; and
5. if the loan is a consolidated loan; and
6. if the loan is subsidized or unsubsidized; and
7. interest rate for each loan; and
8. disbursement date for each loan; and
9. payoff amount for each loan as of June 30; and
10. indication for each loan whether the loan is in default; and
11. lending institution/servicer name; and
12. U.S. Dept of Education lender or servicer ID number; and
13. address for where payment is to be sent; and
14. a signature of the lending institution official under penalty of perjury under the laws of the State of California; and
15. printed name of the lending institution official; and
16. e-mail address of the lending institution official; and
17. telephone number of the lending institution official;
(B) for program participants who have completed a subsequent year of eligible teaching service, the following information shall be provided by the program participant and verified by the Commission for each loan that qualifies for payment under the program and the loan assumption agreement:
1. program participant's name, social security number, phone number; and
2. Lender Name(s); and
3. Account number for each loan; and
4. Approximate June 30 balance for each loan; and
5. Interest Rate for each loan.
(5) The Commission has determined that the program participant has satisfied the requirements for payment to be made under the loan assumption agreement.
(b) Loan payments shall be made by lump-sum payment to the lender, to be applied directly to the principal balance, if not otherwise prohibited by applicable law or by the terms of the loan agreement between the program participant and the lender.
(1) Each year, for each assumable loan, the Commission shall pay to the lender either the maximum assumable amount or the the outstanding balance verified by the Commission at the time payment is processed, whichever is smaller, in the following order of priority:
(A) All assumable loans guaranteed by the Commission, ranked in descending order by rate of interest (highest interest rate first, lowest last), and
(B) All other assumable loans ranked in descending order by rate of interest (highest interest rate first, lowest last).
(2) A Federal Perkins Loan Program loan becomes non-assumable in its entirety upon the teacher's becoming eligible for cancellation of any part of that loan pursuant to the provisions of the Code of Federal Regulations, Title 34, Subtitle B, Chapter VI, Part 674, Subpart D, which is incorporated into this section by reference.
(c) A program participant may submit a written appeal for additional funds if the amount assumed is less than the maximum assumable amount and less than the program participant's June 30th balance. The appeal must include documentation from the program participant's lender verifying the outstanding balance as of June 30. If the Commission determines the program participant is eligible for an additional payment, payment will be made as specified in subsection (b) of this section. After Commission review and the program participant is determined to be eligible for an additional payment and the program participant's loans are paid in full after the June 30th balance census and before the Commission remits payment to the lender and the program participant does not have any other loans eligible for repayment, the payment will be issued directly to the program participant.
(d) Any credit generated on the program participant's account due to a payment made by the Commission shall be returned to the Commission. The Commission will research if the program participant has any other outstanding loans eligible for repayment and shall send the remaining balance of the payment due as a lump payment to the next eligible lender.
(1) If the program participant's loans are paid in full after the June 30th balance census and before the Commission remits payment to the lender and the program participant does not have any other loans eligible for repayment, the credit will be issued directly to the program participant.
(e) The program participant shall continue to make payments as required under the terms of the loans to avoid defaulting on those loans, until notified by the lenders or loan servicers that the loans are paid in full.
NOTE
Authority cited: Section 69615, Education Code. Reference: Sections 69613.2 and 69613.4, Education Code.
HISTORY
1. New section filed 6-7-99; operative 7-7-99 (Register 99, No. 24).
2. Repealer and new section filed 1-21-2010; operative 1-21-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 4).
§30708. Failure to Comply with the Loan Assumption Agreement.
Note • History
(a) For program participants who sign loan assumption agreement prior to January 1, 2009 the following applies:
(1) Except as otherwise specified in subsection (2)-(4), a program participant who fails to meet the requirements for payment pursuant to the terms of the loan assumption agreement, including; failure to maintain half-time enrollment or satisfactory academic progress while attending an eligible institution, or failure to complete a minimum of four consecutive school years of teaching in a subject area that was designated as a current or projected shortage area at the time of application or at an eligible school on a full-time basis will not qualify for loan payment. The loan assumption agreement shall be deemed terminated, the program participant withdrawn from the program, and the Commission shall not make any further payments. The program participant shall retain responsibility to continue to make any payments required for any remaining loan obligations under the terms of any outstanding loans to avoid defaulting on those loans but shall not be required to repay any loan payments previously made through the program.
(2) If a program participant is unable to complete one of the four consecutive school years of teaching in a subject area that is designated as a current or projected shortage area at the time of application or at an eligible school on a full-time basis, due to serious illness, pregnancy, or other natural causes, the program participant shall submit a written request for a leave of absence and upon Commission approval, shall be excused from this requirement for a period not to exceed one year. The Commission shall make no further payments under the loan assumption agreement until the applicable teaching requirements specified have been satisfied. The program participant shall retain responsibility to continue to fulfill any obligation required under the terms of any outstanding loans to avoid defaulting on those loans.
(3) If a program participant is unable to teach the first full year in an eligible area within 36 months of obtaining a teaching credential, due to serious illness, pregnancy, or other natural causes, or is called to active military duty status the program participant shall submit a written request for a leave of absence and upon Commission approval, shall be excused from this requirement for a period not to exceed one calendar year unless approved by the Commission for a longer period of time. The Commission shall make no further payments under the loan assumption agreement until the applicable teaching requirements specified have been satisfied. The program participant shall retain responsibility to continue to fulfill any obligation required under the terms of any outstanding loans to avoid defaulting on those loans.
(4) If a program participant is unable to teach the first full year in at an eligible area within 36 months of obtaining teaching credential due to being laid off, reassigned, or other reason beyond the control of the program participant, the program participant shall submit a written request for a leave of absence and upon Commission approval, shall be excused from this requirement for a period not to exceed one calendar year unless approved by the Commission for a longer period of time. The Commission shall make no further payments under the loan assumption agreement until the applicable teaching requirements specified have been satisfied. The program participant shall retain responsibility to continue to fulfill any obligation required under the terms of any outstanding loans to avoid defaulting on those loans.
(b) For program participants who sign a loan assumption agreement after January 1, 2009 the following applies:
(1) Except as otherwise specified in subsections (2)-(4), a program participant who fails to meet the requirements for payment pursuant to the terms of the loan assumption agreement, including failure to maintain half-time enrollment or satisfactory academic progress while attending an eligible institution, failure to begin teaching the first full year in at an eligible area within 36 months of obtaining a teaching credential, or failure to complete a minimum of four consecutive school years of teaching in a subject area that was designated as a current or projected shortage area at the time of application or at an eligible school on a full-time basis, or the equivalent on a part-time basis will not qualify for loan payment. The loan assumption agreement shall be deemed terminated, the program participant withdrawn from the program, and the Commission shall not make any further payments. The program participant shall retain responsibility to continue to fulfill any obligation required for any remaining loan obligations under the terms of any outstanding loans to avoid defaulting on those loans but shall not be required to repay any loan payments previously made through the program.
(2) If a program participant is unable to maintain half-time enrollment, begin the first school year of eligible teaching service within 36 months of obtaining teaching credential, or complete one of the four consecutive school years of teaching in a subject area that is designated as a current or projected shortage area at the time of application or at an eligible school on a full-time basis, or the equivalent on a part-time basis due to serious illness, pregnancy, other natural causes, or is called to active military duty status, the program participant shall submit a written request for a leave of absence and upon Commission approval, shall be excused from this requirement for a period not to exceed one calendar year, unless approved by the Commission for a longer period of time. The Commission shall make no further payments under the loan assumption agreement until the applicable teaching requirements specified have been satisfied. The program participant shall retain responsibility to continue to fulfill any obligation required under the terms of any outstanding loans to avoid defaulting on those loans.
(3) If a program participant is unable to begin the first school year of eligible teaching service within 36 months of obtaining teaching credential or complete one of the four consecutive school years of teaching in a subject area that is designated as a current or projected shortage area at the time of application or at an eligible school on a full-time basis, or the equivalent on a part-time basis due to being laid off, reassigned, or other reason beyond the control of the program participant, the program participant shall submit a written request for a leave of absence and upon Commission approval, shall be excused from this requirement for a period not to exceed one calendar year, unless approved by the Commission for a longer period of time. The Commission shall make no further payments under the loan assumption agreement until the applicable teaching requirements specified have been satisfied. The program participant shall retain responsibility to continue to fulfill any obligation required under the terms of any outstanding loans to avoid defaulting on those loans.
(4) If a natural disaster prevents a program participant from maintaining half-time enrollment, the program participant shall submit a written request for a leave of absence and upon Commission approval, shall be excused from this requirement for a period not to exceed one calendar year, unless approved by the Commission for a longer period of time. The Commission shall make no further payments under the loan assumption agreement until the applicable teaching requirements specified have been satisfied. The program participant shall retain responsibility to continue to fulfill any obligation required under the terms of any outstanding loans to avoid defaulting on those loans.
(c) If a program participant is withdrawn, the individual may send in a written appeal that describes why he or she should be reinstated into the program along with supporting documentation, if applicable, showing that he or she has continually met program eligibility. If the Commission determines the program participant should not have been withdrawn, the individual's loan assumption agreement shall be reinstated. The program participant will not be eligible for any benefits for awards years that are closed.
NOTE
Authority cited: Section 69615, Education Code. Reference: Sections 69613 and 69613.6, Education Code.
HISTORY
1. New section filed 6-7-99; operative 7-7-99 (Register 99, No. 24).
2. Repealer and new section filed 1-21-2010; operative 1-21-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 4).
§30709. Development of Projections for Funding Purposes.
Note • History
The Commission shall develop funding projections based on, but not limited to, the following components:
(a) Number of authorized awards; and
(b) Number of program participants still enrolled in coursework required for a baccalaureate degree or initial teaching credential; and
(c) Number of program participants who have received an initial teaching credential;
(d) Number of program participants who have been withdrawn; and
(e) Number of program participants who have received a loan assumption payment the previous year; and,
(f) Average loan assumption payments made in previous years.
NOTE
Authority cited: Section 69615, Education Code. Reference: Section 69615, Education Code.
HISTORY
1. New section filed 6-7-99; operative 7-7-99 (Register 99, No. 24).
2. Repealer and new section and new Attachments A-1--A-6, B-1--B-3, C-1--C-6 and D filed 1-21-2010; operative 1-21-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 4).
Attachment A.1
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Attachment A.2
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Attachment A.3
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Attachment A.4
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Attachment A.5
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Attachment A.6
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Attachment B.1
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Attachment B.2
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Attachment B.3
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Attachment C.1
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Attachment C.4
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Attachment C.5
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Attachment C.6
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Attachment D
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Embedded Graphic 05.0103
Article 14.5. National Guard Assumption Program of Loans for Education
Note • History
(a) “Contingency operation” means the current Iraq or Afghanistan operations, the Gulf War; or other operations or national emergencies, as declared by the President or Congress.
(b) “Half-time basis” means half-time enrollment at an institution of higher education.
(c) “Institution of higher education” means a post-secondary educational institution that has a location in California.
(d) “Program” means the National Guard Assumption Program of Loans for Education established in Article 12.5 (commencing with Section 69750) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code and as set forth in this Article.
(e) “Program participant” means a person who has a loan assumption agreement signed by both the person and the Commission.
(f) “Qualified vocational diploma program” means an educational program as defined in Section 94746 of the Education Code, with a location in California, having all of the following characteristics:
(1) The educational program consists of a job-training program or other instruction, training, or education that the institution represents will lead to, fit, or prepare students for employment in any occupation.
(2) The program is offered to students who do not possess a bachelor's or graduate degree in the field of training.
(3) Students who complete all or a portion of the program are awarded a diploma, certificate, or occupational associate degree.
(g) “Qualifying member” means a person, as defined in Section 66025.6(a) of the Education Code, who:
(1) has residence, pursuant to Article 5 (commencing with Section 68060) of Chapter 1, part 41, Division 5, Title 3 of the Education Code, in this state for at least one year immediately preceding the date of application to the program or any loan assumption payment;
(2) is currently an active member of, and has satisfactorily served for at least one year in the California National Guard, the State Military Reserve or the Naval Militia, and maintains satisfactory service throughout the period that his or her student loan payments are assumed through the program; and
(3) has completed a baccalaureate degree, or is currently enrolled and in good standing in a program of undergraduate instruction, on at least a half-time basis, at an institution of higher education, or is enrolled in or has completed a program of instruction in a qualified vocational diploma program where enrollment qualifies a student for participation in the Federal Family Education Loan Program or any loan program approved by the Commission, or is on an academic leave of absence from such undergraduate or vocational diploma program pursuant to Section 66025.6(b).
(h) “Satisfactory service” means satisfactory performance as defined by the statewide Office of the Adjutant General.
(i) “Academic year” means a period of time as defined by institutions of higher education or qualified vocational diploma programs attended by the participant.
NOTE
Authority cited: Section 69751, Education Code. Reference: Sections 66025.6, 69750, 69750.5, 69750.7, 69751.2 and 94746, Education Code.
HISTORY
1. New article 14.5 (sections 30710-30718) and section filed 4-23-2007; operative 4-23-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 17).
§30711. Application to Participate in the Program.
Note • History
(a) Applications to participate in the program shall be submitted to the Office of the Adjutant General. The application shall include the following information regarding the applicant:
(1) Last name, first name and middle initial;
(2) Social Security number;
(3) Address and telephone number;
(4) Date of birth;
(5) Ethnicity;
(6) Gender;
(7) E-mail address, if available;
(8) a copy of the federal Student Aid Report (SAR) generated by the United States Department of Education based upon the applicant's Free Application for Federal Student Aid (FAFSA) with an Expected Family Contribution (EFC) for the academic year in which the applicant applies to the program. Verification of information provided in the FAFSA and used to calculate the EFC may be requested by the Commission as necessary. Failure to provide verification in a timely manner, if requested, may result in disqualification from consideration for the program;
(9) identification of membership in specific eligible military unit under the California National Guard;
(10) name of institution of higher education or qualified vocational diploma program in which applicant is or was enrolled within California, or from which the applicant is on academic leave of absence, and the institution's six-digit Federal school code;
(11) a copy of active duty orders, if any;
(12) written verification from an institution of higher education that the applicant is enrolled on at least a half-time basis or is on academic leave of absence, or proof of completion of a baccalaureate degree, or written verification from a qualified vocational diploma program that the applicant is enrolled or on academic leave of absence, or proof that the applicant has completed the program;
(13) certification from the Office of the Adjutant General that the applicant has agreed to enlist, reenlist, or in the case of officers has committed to serve in the National Guard, the State Military Reserve, or the Naval Militia; and
(14) The name of lender(s), loan identification number(s), and current balance(s) of a loan or loans the applicant has received, or has been approved to receive, in order to meet the costs of obtaining an undergraduate degree at an institution of higher education or to complete a qualified vocational diploma program, under one or more of the following designated loan programs:
(i) the Federal Family Education Loan Program (20 U.S.C. Sec. 1071 et seq.);
(ii) the Federal Direct Loan Program (20 U.S.C. Sec. 1087b et seq.);
(iii) any loan program approved by the Commission on a case by case basis but not including lines of credit, home equity loans, credit card debt, and other general consumer loans, business loans, personal loans, or mortgages.
(b) The application shall state that by signing, the applicant agrees that, if requested, the applicant will provide information or documentation to verify the accuracy of the information included in the application, and the applicant understands that failure to provide accurate and complete information as requested may result in disqualification from the program and loss of program benefits. The application shall be dated and signed by the student under penalty of perjury under the laws of the State of California.
NOTE
Authority cited: Section 69751, Education Code. Reference: Sections 66025.6, 69750, 69750.3, 69751.2 and 69751.3, Education Code.
HISTORY
1. New section filed 4-23-2007; operative 4-23-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 17).
§30712. Nominations by the Office of the Adjutant General.
Note • History
The Office of the Adjutant General may nominate any applicant who has submitted an application to participate in the program that meets the requirements of Section 30711 by submitting all of the following information to the Commission:
(a) the applicant's complete application, including the applicant's SAR;
(b) the Office of the Adjutant General's certification that the applicant has agreed to enlist, reenlist, or in the case of officers, has committed to serve in the National Guard, the state Military Reserve, or the Naval Militia; and
(c) the Office of the Adjutant General's certification of the applicant's active duty status corresponding to the scoring categories established in Section 30714(b).
NOTE
Authority cited: Section 69751, Education Code. Reference: Sections 66025.6(c), 69750.3 and 69751.2, Education Code.
HISTORY
1. New section filed 4-23-2007; operative 4-23-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 17).
Note • History
The Commission shall select program participants from among the applicants who are nominated pursuant to Section 30712. If the maximum allocation of warrants authorized for that year is not exhausted after the selection process is completed, the Commission may continue to accept nominations and select program participants based on the date the nominations are received by the Commission. The Commission may continue to select participants until the maximum allocation is reached.
NOTE
Authority cited: Section 69751, Education Code. Reference: Section 69751.8, Education Code.
HISTORY
1. New section filed 4-23-2007; operative 4-23-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 17).
Note • History
(a) If the Commission determines in any fiscal year that the funding for the program is insufficient to allow the Commission to enter into loan assumption agreements with all eligible applicants who are nominated, the Commission shall select applicants for participation in the program by giving priority to:
(1) Individuals who are financially needy, as indicated by a household income and asset level that is at or below the maximum established in Education Code Section 69432.7 for participants in the Cal Grant A program; and
(2) Individuals who have been called to full-time active military duty.
(b) In implementing the priority established in subsection (a), the Commission shall award points to individuals determined by the Commission to be financially needy and who have been called to active duty, based on the highest point category that the applicant qualifies under, as follows:
ACTIVE DUTY SERVICE POINTS
An enlisted California National Guard member 76
who has served or is currently serving on federal
active duty under Title 10 or Title 32, U.S.C.
for a period of not less than 11 consecutive
months under a contingency operation
A commissioned officer or warrant officer 70
of the California National Guard who has
served or is serving on federal active duty
under Title 10 or Title 32, U.S.C. for
a period of not less than 11 consecutive
months under a contingency operation.
An enlisted California National Guard 66
member who has served or is currently
serving on federal active duty under Title 10
or Title 32, U.S.C. for a period of not less
than 5 consecutive months under a
contingency operation.
A commissioned officer or warrant officer 60
of the California National Guard who has
served or is serving on federal active duty
under Title 10 or Title 32, U.S.C. for a period
of not less than 5 consecutive months
under a contingency operation.
Any California National Guard, State 56
Military Reserve or Naval Militia member,
enlisted or officer, who has served on State
Active Duty pursuant to Military and
Veterans Code §143 or §146 for no less
than 30 consecutive days.
Any current member of the California 50
National Guard, State Military Reserve
or Naval Militia who is satisfactorily
attending unit drill and training assemblies.
(c) The Commission will select nominees with the highest number of points until the authorized funding is exhausted. In the case of a tie in the number of points, the Commission will select nominees based on the earliest date of receipt of the nomination by the Commission.
NOTE
Authority cited: Section 69751, Education Code. Reference: Sections 69432.7 and 69751.2, Education Code.
HISTORY
1. New section filed 4-23-2007; operative 4-23-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 17).
§30715. Loan Assumption Agreements.
Note • History
(a) The Commission shall provide a loan assumption agreement to each nominated applicant selected by the Commission to be a program participant. The loan assumption agreement shall be effective when both the program participant and the Commission have signed the agreement.
(b) The loan assumption agreement shall include the following:
(1) The program participant shall agree to:
(i) maintain satisfactory service in the California National Guard, State Military Reserve or the Naval Militia throughout the period that he or she participates in the program;
(ii) be enrolled in an institution of higher education, on at least a half-time basis each academic term, or in a qualified vocational diploma program, and in good standing in such institution or program, through completion of academic requirements for a baccalaureate degree or completion of the vocational diploma program. If participant has completed a baccalaureate degree or vocational diploma program or completes a baccalaureate degree or vocational diploma program during the term of the agreement, he or she is not required to maintain enrollment for the remaining qualifying year(s) of service to receive loan assumption benefits. Participants called to active duty who are on academic leave of absence are not required to be enrolled during the term of such leave;
(iii) provide four consecutive years of satisfactory service in the National Guard, the State Military Reserve, or the Naval Militia;
(iv) authorize the institution of higher education or qualified vocational diploma program in which the applicant is enrolled or on academic leave of absence, or where the applicant completed a baccalaureate degree or vocational diploma program, the Office of the Adjutant General, and lenders to provide information requested by the Commission for the purposes of administering the loan assumption agreement;
(v) provide information required by the Commission for the purposes of administering the loan assumption agreement; and
(vi) comply with all applicable laws and regulations applicable to the program.
(2) The Commission shall agree that:
(i) upon receipt of information required by Section 30716, including the certification of the Office of the Adjutant General that the program participant has completed one year of service or in the case of a participant who is eligible because he or she has agreed to reenlist or an officer who has committed to serve one year of additional service, as a qualifying member within the meaning of Section 66025.6 of the Education Code, the Commission shall assume, subject to the requirements of Section 69750.7 of the Education Code, up to two thousand dollars ($2,000) of the outstanding loan liability related to undergraduate or qualifying vocational training of the participant under one or more of the designated loan programs;
(ii) upon receipt of the information required by Section 30716, including certification by the Office of the Adjutant General that the program participant has completed two consecutive years of service or in the case of a participant who is eligible because he or she has agreed to reenlist or an officer who has committed to serve two consecutive years of additional service, as a qualifying member within the meaning of Section 66025.6 of the Education Code, the Commission shall assume, subject to the terms of Section 69750.7 of the Education Code, up to an additional three thousand dollars ($3,000) of the outstanding loan liability related to undergraduate or qualifying vocational training of the participant under one or more of the designated loan programs, for a total loan assumption of up to five thousand dollars ($5,000); and
(iii) upon receipt of the information required by Section 30716, including certification by the Office of the Adjutant General that the program participant has completed three consecutive years of service or in the case of a participant who is eligible because he or she has agreed to reenlist or an officer who has committed to serve three consecutive years of additional service, as a qualifying member within the meaning of Section 66025.6 of the Education Code, the Commission shall assume, subject to the terms of Section 69750.7 of the Education Code, up to an additional three thousand dollars ($3,000) of the loan outstanding liability related to undergraduate or qualifying vocational training of the participant under one or more of the designated loan programs, for a total loan assumption of up to eight thousand dollars ($8,000).
(iv) upon receipt of the information required by Section 30716, including certification by the Office of the Adjutant General that the program participant has completed four consecutive years of service or in the case of a participant who is eligible because he or she has agreed to reenlist or an officer who has committed to serve four consecutive years of additional service, as a qualifying member within the meaning of Section 66025.6 of the Education Code, the Commission shall assume, subject to the terms of Section 69750.7 of the Education Code, up to an additional three thousand dollars ($3,000) of the loan outstanding liability related to undergraduate or qualifying vocational training of the participant under one or more of the designated loan programs, for a total loan assumption of up to eleven thousand dollars ($11,000).
(c) The term of the loan assumption agreement shall be no more than ten (10) years from the date signed by the program participant and the Commission.
(d) The loan assumption agreement shall constitute a conditional warrant that may be redeemed with the Commission as specified in Section 30716.
NOTE
Authority cited: Section 69751, Education Code. Reference: Sections 66025.6, 69750.3, 69750.5 and 69750.7, Education Code.
HISTORY
1. New section filed 4-23-2007; operative 4-23-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 17).
Note • History
(a) A program participant may redeem the conditional warrant and the Commission shall make loan payments, pursuant to the loan assumption agreement and as provided in subsection (b), when the Commission has received the following information for each qualifying year of service for which payment is to be made:
(1) from each lending institution, for each loan that qualifies for the assumption under the program and the loan assumption agreement:
(i) program participant's name and social security number;
(ii) account number;
(iii) interest rate;
(iv) disbursement date;
(v) payoff amount as of June 30;
(vi) lending institution/servicer name;
(vii) lending institution/servicer eight-digit identification code;
(viii) address to which payment is to be sent;
(ix) a signature of the lending institution official under penalty of perjury of the laws of the state of California certifying that this loan information is correct;
(x) printed name, telephone number and email address of the lending institution official;
(2) certification from the Office of the Adjutant General that the program participant completed the year of satisfactory service required for a loan assumption payment to be made;
(3) verification from the institution of higher education or qualified vocational diploma program, of enrollment status or of academic leave of absence for the academic year corresponding with the year of military service or verification that participant has completed the vocational diploma program or a baccalaureate degree. Such verification is not required of participants who had completed their baccalaureate degree or vocational diploma program prior to acceptance as a participant in the program and submitted verification of completion with their application to the program pursuant to Section 30711.
(b) Loan payments made by the Commission shall be made by lump-sum payment to the lender, to be applied directly to the principal balance, if not otherwise prohibited by applicable law or by the terms of the loan agreement between the program participant and the lender. Payments shall first be made toward qualifying loans with the highest interest rates. The program participant shall continue to make payments as required under the terms of the loans to avoid defaulting on those loans, until notified by the lenders or loan servicers that the loans are paid in full.
NOTE
Authority cited: Section 69751, Education Code. Reference: Sections 69750.5 and 69750.7, Education Code.
HISTORY
1. New section filed 4-23-2007; operative 4-23-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 17).
§30717. Failure to Comply with the Loan Assumption Agreement.
Note • History
(a) A program participant who fails to comply with the terms of the loan assumption agreement shall be withdrawn from the program. Failure to comply includes but is not limited to failing to complete one of the four consecutive years of military service, or to maintain the required enrollment in an institution of higher education or vocational diploma program, unless the participant was on academic leave of absence for active duty or completed a baccalaureate degree or the vocational diploma program. The program participant shall retain responsibility to continue to make any payments required under the terms of any outstanding loans to avoid defaulting on those loans.
(b) A program participant who is entitled to an academic leave of absence because he or she is on active duty, pursuant to Section 66025.6 of the Education Code, shall retain responsibility to continue to make any payments required under the terms of any outstanding loans to avoid defaulting on these loans.
NOTE
Authority cited: Section 69751, Education Code. Reference: Sections 66025.6, 69750.3, 69750.7 and 69751, Education Code.
HISTORY
1. New section filed 4-23-2007; operative 4-23-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 17).
§30718. Development of Projections for Funding Purposes.
Note • History
The Commission shall use the number of active program participants at the end of each year and their application dates and number of years in the program to project the funding level required to provide loan payments under the program.
NOTE
Authority cited: Section 69751, Education Code. Reference: Section 69751(a), Education Code.
HISTORY
1. New section filed 4-23-2007; operative 4-23-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 17).
Article 15. California National Guard Education Assistance Award Program
Note • History
“Academic Year” means:
(a) two semesters or three quarters or their equivalent within a 12-month period. An academic year may include a summer quarter in those colleges which maintain a summer quarter comparable to either the fall, winter or spring quarters; or
(b) a period of time usually eight or nine months during which a full-time student would normally be expected to complete the equivalent of two semesters, two trimesters, or three quarters of instruction.
(c) July 1 to June 30 inclusive. The starting date of a session shall determine the academic year in which it is included.
“Active member” means a current member of the California National Guard, State Military Reserve, or the Naval Militia who meets military standards established by military regulations.
“Administrative appeal” means a formal request from the program participant to The Adjutant General requesting a change in withdrawal status based on an administrative error.
“Commission” means California Student Aid Commission.
“Cost of Attendance” means student budget at the qualifying institution for the participant that includes tuition, fees, housing, food, books, transportation and personal expenses for the year. It may also include an allowance for the rental or purchase of a computer, child care or other dependent care costs and additional expenses for students with disabilities not already covered.
“Disaster” means a fire, flood, storm, tidal wave, earthquake, terrorism, epidemic, or other similar public calamity that the Governor determines presents a threat to public safety. (California Government Code, Section 8680.3)
“Discretionary Summer Term” means a summer term for a program participant who is enrolled in a program that does not require summer term attendance in addition to all other terms.
“Eligible applicant” means a person who:
(a) Is a California resident pursuant to Education Code Section 68017 for at least one year immediately preceding the residence determination date;
(b) is an active member of, and has served two years in, the California National Guard, the State Military Reserve, or the Naval Militia that agrees to maintain active service throughout participation in program;
(c) has been accepted or registered at, or enrolled in, a qualifying institution;
(d) submits an application pursuant to Section 30731 and agrees to use the award to obtain a certificate, degree, or diploma that he or she does not hold at the time he or she applies for the award;
(e) agrees to enroll in at least three academic units per semester, or the equivalent;
(f) has submitted the Free Application for Federal Student Aid (FAFSA) to the United States Department of Education; and
(g) has not previously participated in the program and been withdrawn for not complying with applicable laws and regulations.
“Enrollment status” means full-time or part-time status:
(a) Part time, for purposes of program eligibility, is defined as less than 12 semesters units, inclusive, or the equivalent.
(1) A participant enrolled for at least 9 semester units but less than12 semester units or the equivalent is considered 3/4 time.
(2) A participant enrolled for at least 6 semester units but less than 9 semester units or their equivalent is considered 1/2 time.
(3) A participant enrolled for at least 3 semester units but less than 6 units or the equivalent is considered 1/4- time.
(b) Full time, for purposes of program eligibility, is defined as 12 or more semester units or the equivalent.
“Excess Awards” means awards issued to eligible applicants after the deadline established by Section 30731 until all available awards are exhausted or the Adjutant General no longer has authority to make awards, which ever is earlier.
“Mandatory Summer Term” means a summer term for a program participant who is enrolled in a program that requires summer term attendance in addition to all other terms.
“Other natural causes” means a disease, or physical or mental condition involving inpatient care in a hospital or residential health care facility, or continuing treatment or continuing supervision by a health care provider, or family care and medical leave under Government Code section 12945.2 or the Family and Medical Leave Act of 1993.
“Program” means the California National Guard Education Assistance Award Program (CNG EAAP) established in Article 20.7 (commencing with Section 69999.10) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code and as set forth in this Article.
“Program Participant” means a person who has successfully met all of the requirements set forth in Education Code Sections 69999.16, who has been selected and certified by The Adjutant General, and who has accepted the award in terms of attending a qualifying institution to which that person has been admitted. The Adjutant General will send the program participant an acceptance letter informing the participant of acceptance into the program.
“Qualifying institution” means any of the following:
(a) Any California private or independent postsecondary educational institution that participates in the Pell Grant program and in at least two of the following federal campus-based student aid programs:
(1) Federal Work-Study;
(2) Perkins Loan Program;
(3) Supplemental Educational Opportunity Grant Program.
(b) Any nonprofit institution headquartered and operating in California that certifies to the Commission that 10 percent of the institution's operating budget, as demonstrated in an audited financial statement, is expended for the purposes of institutionally funded student financial aid in the form of grants, that demonstrates to the Commission that it has the administrative capacity to administer the funds, that is accredited by the Western Association of Schools and Colleges, and that meets any other state-required criteria adopted by regulation by the commission in consultation with the Department of Finance. A regionally accredited institution that was deemed qualified by the Commission to participate in the Cal Grant Program for the 2000-01 academic year shall retain its eligibility as long as it maintains its existing accreditation status.
(c) Any California public postsecondary educational institution.
(d) The institution has signed an Institutional Participation Agreement with the Commission.
“Residence determination date” means:
(a) If the governing board of a public institution has adopted by regulation or policy a residence determination date, that date shall be used for the CNG EAAP purposes; or
(b) The first day of instruction of the term for the academic year in which the student is enrolled as a CNG EAAP program participant shall be the residence determination date for the CNG EAAP purposes; or
(c) The date the Commission used to make the preliminary determination of California residency for purposes of offering a CNG EAAP shall be the residence determination date for the CNG EAAP purposes.
“Serious illness” means an illness involving inpatient care in a hospital or residential health care facility, or continuing treatment or continuing supervision by a health care provider, or family care and medical leave under Government Code section 12945.2 or the Family and Medical Leave Act of 1993.
NOTE
Authority cited: Section 69999.22, Education Code. Reference: Section 69999.16, Education Code.
HISTORY
1. New article 15 (sections 30730-30736 and Appendix A and Appendix B) and section filed 12-16-2009 as an emergency; operative 12-16-2009 (Register 2009, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-14-2010 or emergency language will be repealed by operation of law on the following day. For prior history of article 15, sections 30801-30821, see Register 89, No. 11.
2. Certificate of Compliance as to 12-16-2009 order, including amendment of section, transmitted to OAL 4-23-2010 and filed 5-20-2010 (Register 2010, No. 21).
3. Amendment of definitions of “Program Participant” and “Qualifying institution” filed 1-10-2011; operative 1-10-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 2).
§30731. Application to Participate in the Program.
Note • History
(a) An initial application to participate in the program shall be submitted to the California Military Department by the January 22, 2010 deadline for the 2009-10 application year and each academic year thereafter by the June 15 deadline. The applications shall include the following information regarding the applicant (Appendix A)
(1) Social Security number,
(2) Last name, first name and middle initial;
(3) Grade;
(4) Address;
(5) Years of Service in the California National Guard, State Military Reserve, or Naval Militia;
(6) Date of birth;
(7) Phone number;
(8) Currently accepted, registered at, or enrolled in:
(A) Undergraduate;
(B) Graduate Studies; or
(C) Certificate/Diploma;
(9) E-mail Address;
(10) Identification of membership in the California National Guard:
(A) Army National Guard;
(B) Air National Guard;
(C) State Military Reserve; or
(D) Naval Militia;
(11) Applicants desired Certificate/Degree/Diploma and expected completion date of Certificate/Degree/Diploma;
(12) representation the applicant has been accepted or registered at, or enrolled in, a qualifying institution, the enrollment status of each term, the name of qualifying institution in which applicant has been accepted or registered at, or enrolled in, the institution's eight-digit Federal school code, and housing plans;
(13) Certification if the applicant has completed the FAFSA for the application year;
(14) The Applicant's award preference if eligible for both a Cal Grant Award and a CNG EAAP award;
(15) The amount of funding the applicant will receive from the Federal Montgomery GI Bill for the academic year specifying amounts for each applicable term;
(16) The amount of funding the applicant will receive from Federal Education Benefits program for veterans for the academic year specifying amounts for each applicable term;
(17) Gender;
(18) Ethnicity;
(19) The applicant's representations that he or she:
(A) will submit the FAFSA for the academic year he or she is applying for by the application deadline or, for applicants being considered for any excess awards, that the FAFSA will be completed for the academic year he or she is applying for prior to being accepted into the program;
(B) agrees to use the award to obtain a certificate, degree, or diploma that he or she does not hold at the time he or she applies for the award;
(C) agrees to maintain enrollment in at least three (3) academic units per semester, or the equivalent;
(D) agrees to maintain a minimum of a 2.0 cumulative grade point average and enrollment at a qualifying institution;
(E) understands program participants shall not receive disbursements from both a CNG EAAP award and any Cal Grant Award for the same academic year. A program participant who is also eligible for a Cal Grant Award must elect between an award under this program and any Cal Grant Award for the same academic year;
(F) is currently an active member of, and has served two years in, the California National Guard, the State Military Reserve, or the Naval Militia and agrees to continue to be an active member of the California National Guard, State Military Reserve or the Naval Militia throughout the period that he or she participates in the program;
(G) agrees to comply with all applicable laws and regulations applicable to the program; and
(H) understands the funding appropriations are contingent upon approved California budget acts.
(20) The applicant shall sign the application under penalty of perjury, under the laws of the State of California that all statements contained in the application and any accompanying documents are true and correct, with full knowledge that all statements made in the application are subject to investigation. Any false or dishonest answer to any question may be grounds for denial to participate in the program and subject to prosecution under the Uniform Code of Military Justice. The applicant authorizes the Commission and the California Military Department to receive and release any student records, and any application information between qualifying institutions and appropriate public and private agencies. The applicant will provide documentation to verify all information provided, if requested.
(b) The Commission will verify the applicant has submitted the FAFSA for the academic year he or she is applying for by the application deadline. If excess awards are made to applicants, the Commission will verify the applicant has submitted the FAFSA for the academic year he or she is applying for prior to being accepted into the program.
(c) Renewal application to continue participation in the program shall be submitted to the California Military Department by the June 1 deadline each academic year. The application shall include the following information regarding the program participant (Appendix C):
(1) Social Security Number;
(2) Last name, first name and middle initial;
(3) Grade;
(4) Address;
(5) Date of Birth;
(6) Phone Number;
(7) Currently accepted, registered, or enrolled in:
(A) Undergraduate;
(B) Certificate/Diploma;
(C) Graduate Studies;
(8) E-mail Address;
(9) Identification of membership in the California National Guard;
(A) Army National Guard;
(B) Air National Guard;
(C) State Military Reserve; or
(D) Naval Militia;
(10) Representation the program participant has been accepted or registered at, or enrolled in, a qualifying institution, the enrollment status of each term, the name of qualifying institution in which program participant has been accepted or registered at, or enrolled in, the institution's eight-digit Federal school code, and housing plans;
(11) Program participants desired Certificate/Degree/Diploma and expected completion date of Certificate/Degree/Diploma;
(12) Program participants preference if eligible for both a Cal Grant Award and a CNG EAAP award;
(13) Amount of educational benefits the program participant will receive from the Federal Montgomery GI Bill for the academic year by specific term;
(14) Amount the program participant will receive from Federal Educational Benefits program for veterans for the academic year by specific term;
(15) Program participants representations that he or she understands and agrees to:
(A) submission of the CNG EAAP Renewal Application by the deadline of June 1 or may be withdrawn from the program;
(B) use the award to obtain a certificate, degree, or diploma that he or she does not currently hold at the time of application renewal;
(C) maintain enrollment in at least three (3) academic units per semester, or the equivalent thereof at an eligible institution;
(D) maintain at least a 2.0 cumulative grade point average;
(E) not receive disbursements from an award under the CNG EAAP and any Cal Grant Award for the same academic year. A program participant who is also eligible for a Cal Grant Award must elect between an award under this program and any Cal Grant Award for the same academic year;
(F) remain an active member in the California National Guard, State Military Reserve or the Naval Militia throughout the period of participation in the CNG EAAP;
(G) comply will all laws and regulations applicable to the CNG EAAP; and
(H) understand the funding appropriations are contingent upon approved California budget acts.
NOTE
Authority cited: Section 69999.22, Education Code. Reference: Sections 69999.16 and 69999.18, Education Code.
HISTORY
1. New section filed 12-16-2009 as an emergency; operative 12-16-2009 (Register 2009, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-14-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-16-2009 order, including amendment of section, transmitted to OAL 4-23-2010 and filed 5-20-2010 (Register 2010, No. 21).
3. Amendment filed 1-10-2011; operative 1-10-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 2).
Note • History
(a) The Adjutant General will annually identify the skills most needed by the California National Guard. The Adjutant General shall select applicants for participation in the program by giving priority to applicants who possess or seek to possess the skills most needed by the California National Guard.
(b) Pursuant to Military Department Regulations, The Adjutant General will appoint members to the board whose purpose is to recommend the best qualified service members to receive educational benefits from the California National Guard Education Assistance Award Program.
(1) The objectives of the board process are to:
(A) Ensure that the California National Guard retains its most competent and capable service members who possess the desired knowledge, skills and attributes;
(B) Prioritize applicants on the basis of criteria as directed by The Adjutant General in a letter of instruction to the board; and
(2) The board shall present for the approval by The Adjutant General, a prioritized listing of those applicants who qualify for an award.
NOTE
Authority cited: Section 69999.22, Education Code. Reference: Section 69999.16, Education Code.
HISTORY
1. New section filed 12-16-2009 as an emergency; operative 12-16-2009 (Register 2009, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-14-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-16-2009 order, including amendment of section, transmitted to OAL 4-23-2010 and filed 5-20-2010 (Register 2010, No. 21).
§30733. Selection by the Adjutant General.
Note • History
(a) The Adjutant General will select from among eligible applicants who submitted an application by the deadline established by section 30731.
(b) The Adjutant General will prioritize and certify the eligibility of applicants to the Commission.
(c) The Adjutant General will notify applicants of their selection or non selection for an award.
(d) If it is determined that a program participant is not able to utilize an award the next eligible applicant on the list may be given the award.
(e) If the maximum awards authorized for the academic year are not exhausted after the selection process is completed, the California Military Department may continue to accept applications after the deadline established by section 30731 until all awards are exhausted or The Adjutant General no longer has authority to make awards, which ever is earlier. Applicants being considered for excess awards must complete the FAFSA for the academic year he or she is applying for prior to being accepted into the program.
(f) The Adjutant General shall obtain the following information regarding selected participants from the CNG EAAP application and submit it to the Commission:
(1) Last name, first name and middle initial;
(2) Social Security number;
(3) Address and telephone number;
(4) Date of birth;
(5) Whether the program participant has been currently accepted to, registered, or enrolled in undergraduate, certificate/diploma, or graduate studies;
(6) E-mail address;
(7) Name of qualifying institution in which applicant has been accepted or registered at, or enrolled in, the enrollment status of each term, the institution's eight-digit Federal school code, and housing plans;
(8) Amount of Federal Montgomery GI Bill benefits the applicant will received for the academic year;
(9) Amount of Federal Educational Benefits Programs for Veterans the applicant will receive for the academic year;
(10) Gender;
(11) Ethnicity;
(12) The Applicant's award preference if eligible for both a Cal Grant Award and a CNG EAAP award.
NOTE
Authority cited: Section 69999.22, Education Code. Reference: Section 69999.16, Education Code.
HISTORY
1. New section filed 12-16-2009 as an emergency; operative 12-16-2009 (Register 2009, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-14-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-16-2009 order, including amendment of section, transmitted to OAL 4-23-2010 and filed 5-20-2010 (Register 2010, No. 21).
Note • History
(a) The Commission shall determine the payment amount for new and renewal participants each academic year. The Commission will request the following information from The Adjutant General, qualifying institution, and the program participant for the academic year:
(1) If a renewal program participant, The Adjutant General shall certify to the Commission the program participant maintained program eligibility and a minimum of a 2.0 cumulative grade point average.
(2) the following information shall be provided by the qualifying institution:
(A) the participant's cost of attendance for each term;
(B) Verification if the program participant maintained enrollment in at least 3 semester units or the equivalent each term in the prior academic year, if a renewal participant;
(C)Verification the program participant maintained a minimum of a 2.0 cumulative GPA, if a renewal participant;
(D) the participant's enrollment status per term for the current academic year;
(E) If the program participant is enrolled in graduate studies;
(F) If the program participant is enrolled in a program with a discretionary summer term or mandatory summer term.
(3) the following information shall be provided by the participant:
(A) The amount of educational benefits pursuant to the Federal Montgomery GI Bill the participant will receive for each term;
(B) The amount of any other federal educational benefits program for veterans the participant will receive for each term;
(C) The program participant's award preference if eligible for both a Cal Grant Award and a CNG EAAP award, if a renewal participant.
(b) The maximum amount a new or renewal program participant may be awarded is as follows:
(1) For program participants attending the University of California or the California State University, the Commission shall award, subject to the requirements of section 30731, up to the maximum amount of the Cal Grant A as adjusted in the annual budget act;
(A) For program participants attending the University of California, the maximum Cal Grant A award shall equal the mandatory systemwide fees for that segment;
(B) For program participants attending the California State University, the maximum Cal Grant A award shall equal the mandatory systemwide fees for that segment;
(2) For program participants attending a community college, the Commission shall award, subject to the terms of section 30731, up to the maximum amount of the Cal Grant B award as adjusted in the annual budget act;
(A) The maximum Cal Grant B award shall equal the amount of the access Award;
(B) The access amount shall be in an annual amount not to exceed one thousand five hundred fifty-one dollars ($1551) or as adjusted in the annual budget act.
(3) For program participants attending a nonpublic institution, the Commission shall award subject to the terms of section 30731, up to the maximum amount of a Cal Grant A award for a student attending the University of California as adjusted in the annual budget act. The maximum amounts of a Cal Grant A award for a student attending a nonpublic institution equals the mandatory systemwide fees for a student attending the University of California; or
(4) For a program participant enrolled in graduate studies, the Commission shall award subject to the terms of section 30731, up to the maximum amount of a Cal Grant A award, plus five hundred dollars ($500) for books and supplies as adjusted in the annual budget act:
(A) For program participants enrolled in graduate studies at the University of California, the maximum Cal Grant A award shall equal the mandatory systemwide fees for that segment;
(B) For program participants enrolled in graduate studies at a California State University, the maximum Cal Grant A award shall equal the mandatory systemwide fee for that segment;
(C) For program participants enrolled in graduate studies at a non public institution, the maximum amounts of a Cal Grant A award equals the mandatory systemwide fees for the University of California.
(c) Payments shall be made per term to the qualifying institution, to be used for education related expenses. Each year, the Commission shall award either the maximum award amount or the remaining need, whichever is smaller using the following formula to determine the remaining need:
Cost of Attendance
Minus Federal Montgomery GI Bill
Minus Other Federal Benefits Programs for Veterans
Equals Remaining Need
(d) Whenever a program participant changes his or her choice of school, college or program, the program participant must notify the Commission of the change and the remaining need eligibility must be re-determined. Eligibility for additional funds will be contingent upon funds being available. Subject to such redetermination, a program participant may change his or her choice of college
(1) prior to the time of actual enrollment; or
(2) at the conclusion of a quarter or semester, provided that any loss of tuition and fee payments shall be borne by the student.
(e) A qualifying institution may submit a revised cost of attendance if changes make the participant eligible for additional funds. Eligibility for additional funds will be contingent upon funds being available.
(f) Any credit generated on the program participant's account due to a payment made by the Commission may be refunded to the student.
(g) Program participants will receive 400% eligibility. One hundred percent (100%) represents one year of full-time payment at a traditional term-based school (i.e. quarter or semester terms). Eligibility is used for each term the participant receives payment and the amount of usage is determined by the type of term and attendance status.
(1) Eligibility used for full-time enrollment:
(A) 50% of eligibility will be used for each full-term payment at a semester or trimester term school; or
(B) 33.33% of eligibility will be used for each full-time term payment at a quarter term school;
(2) Eligibility is adjusted for part-time attendance. The following is a breakdown of eligibility based on term type:
(A) Semester or Trimester
1. Three-quarter time 37.5%
2. Half-time 25%
3. Quarter-time 12.5%
(B) Quarter
1. Three-quarter time 25%
2. Half-time 16.67%
3. Quarter-time 8.33%
(3) Awards are automatically renewed each year for program participants who:
(A) The Adjutant General certifies eligibility;
(B) satisfy enrollment in the minimum number of credits each term;
(C) maintain a minimum of a 2.0 cumulative grade point average; and
(D) have remaining program eligibility.
(h) Program participants who accelerate college attendance, may increase the amount of award proportional to the period of additional attendance resulting from attendance in classes that fulfill requirements or electives for graduation during discretionary summer terms, sessions, or quarters. Eligibility and receipt of additional funding for discretionary summer terms will be contingent upon funds being available. In the aggregate, the total amount a student may receive can not exceed the maximum amount of program eligibility as a result of accelerating his or her progress to a degree by attending discretionary summer terms.
(i) Program participants enrolled in institutions with a mandatory summer term, may increase the amount of award proportional to the period of additional attendance resulting from attendance in classes that fulfill requirements or electives for graduation. In the aggregate, the total amount a student may receive can not exceed the maximum amount of program eligibility.
(j) If the program participant is eligible for payment at the time of disbursement, but drops units applicable to the payment received for a term, the program participant remains eligible for the entire payment, unless a refund is due based on the school's refund policy. If a refund is due, schools are responsible for repaying the Commission and reporting an adjusted payment transaction.
(k) If the program participant's tuition charges are reduced due to a drop in units, the qualifying institution shall submit an adjusted cost of attendance. The program participants remaining need will be re-determined and the award adjusted accordingly.
NOTE
Authority cited: Section 69999.22, Education Code. Reference: Sections 69999.16, 69999.18 and 69999.20, Education Code.
HISTORY
1. New section filed 12-16-2009 as an emergency; operative 12-16-2009 (Register 2009, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-14-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-16-2009 order, including amendment of section, transmitted to OAL 4-23-2010 and filed 5-20-2010 (Register 2010, No. 21).
Note • History
(a) Program participants enrolled in a Commission approved undergraduate, mandatory five-year program may be eligible to renew their CNG EAAP benefits for an additional year (100% eligibility). A mandatory five year program is one for which attendance beyond four years is required to meet the program's degree requirements. The student's course of study must require every participant in that major to complete more than four years of study for graduation. Students must submit a Request for California National Guard Education Assistance Award Program Fifth-Year Benefits (Appendix B). Eligibility and receipt for an additional year will be contingent upon funds being available.
NOTE
Authority cited: Section 69999.22, Education Code. Reference: Section 69999.18, Education Code.
HISTORY
1. New section filed 12-16-2009 as an emergency; operative 12-16-2009 (Register 2009, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-14-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-16-2009 order filed 5-20-2010 (Register 2010, No. 21).
§30736. Failure to Comply with Applicable Laws and Regulations.
Note • History
(a) Except as otherwise specified in subsections (b)-(e), a program participant may be withdrawn from the program and the Commission shall not make any further payments if the program participant fails to meet the requirements for payment pursuant to the terms of the program, including:
(1) failure to maintain enrollment in at least three academic units per semester or the equivalent at a qualifying institution;
(2) failure to maintain a minimum of a 2.0 cumulative grade point average while attending a qualifying institution;
(3) loses status as a California resident;
(4) failure to submit a renewal application each academic year except if the program participant has an approved leave of absence;
(5) is in violation of the Commission regulations; or
(6) Failure to maintain active status in the California National Guard, State Military Reserve, or the Naval Militia.
(b) If a program participant is unable to maintain enrollment in at least three academic units per semester or the equivalent due to serious illness, pregnancy, other natural causes, or is called to active military duty status, the program participant shall submit a written request for a leave of absence and upon The Adjutant General's approval, shall be excused from this requirement for a period not to exceed one calendar year, unless approved by The Adjutant General for a longer period of time. The Adjutant General may waive the written requirement due to state of emergency enacted or ordered by the Governor. The Commission shall make no further payments under the program until the applicable enrollment requirements specified have been satisfied and the program participant has submitted a renewal application.
(c) If a disaster prevents a program participant from maintaining enrollment, in at least three academic units per semester or the equivalent the program participant shall submit a written request for a leave of absence and upon The Adjutant General's Office approval, shall be excused from this requirement for a period not to exceed one calendar year, unless approved by The Adjutant General for a longer period of time. In a severe case of a disaster, The Adjutant General may wave the requirement for program participants to individually send in written requests for a leave of absence due to state of emergency enacted or ordered by the Governor of California. The Adjutant General may excuse participants from the enrollment requirement for a period not to exceed one calendar year, unless approved for a longer period of time. The Commission shall make no further payments under the program until the applicable enrollment requirements specified have been satisfied and the program participant has submitted a renewal application.
(d) If a program participant is unable to maintain enrollment in at least three academic units per semester or the equivalent due to reasons beyond the control of the program participant, the program participant shall submit a written request for a leave of absence and upon The Adjutant General's approval, shall be excused from this requirement for a period not to exceed one calendar year unless approved by The Adjutant General for a longer period of time. The Commission shall make no further payments under the program until the applicable enrollment requirements specified have been satisfied and the program participant has submitted a renewal application.
(e) At any point in the program, The Adjutant General may submit a list of program participants who no longer satisfy the requirements of the program to the Commission. The Commission shall make no further payments under the program and the participant shall be withdrawn.
(f) If a program participant is withdrawn, the individual may send in a written request for an administrative appeal to The Adjutant General that describes why he or she should be reinstated into the program along with supporting documentation, if applicable, showing that he or she has continually met program eligibility. If The Adjutant General determines the program participant should not have been withdrawn, the individual's program benefits shall be reinstated. The program participant will not be eligible for any benefits for awards years that are closed.
NOTE
Authority cited: Section 69999.22, Education Code. Reference: Sections 69999.16 and 69999.18, Education Code.
HISTORY
1. New section filed 12-16-2009 as an emergency; operative 12-16-2009 (Register 2009, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-14-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-16-2009 order filed 5-20-2010 (Register 2010, No. 21).
3. New subsection (a)(4), subsection renumbering and amendment of subsections (b)-(d) filed 1-10-2011; operative 1-10-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 2).
Appendix A
Embedded Graphic 05.0104
Embedded Graphic 05.0105
Embedded Graphic 05.0106
HISTORY
1. New Appendix A filed 12-16-2009 as an emergency; operative 12-16-2009 (Register 2009, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-14-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-16-2009 order, including amendment of form, transmitted to OAL 4-23-2010 and filed 5-20-2010 (Register 2010, No. 21).
3. Amendment filed 1-10-2011; operative 1-10-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 2).
Appendix B
Embedded Graphic 05.0107
Embedded Graphic 05.0108
Embedded Graphic 05.0109
HISTORY
1. New Appendix B filed 12-16-2009 as an emergency; operative 12-16-2009 (Register 2009, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-14-2010 or emergency language will be repealed by operation of law on the following day.
2. Amendment filed 1-10-2011; operative 1-10-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 2).
Appendix C
Embedded Graphic 05.0110
Embedded Graphic 05.0111
HISTORY
1. New Appendix C filed 1-10-2011; operative 1-10-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 2).
Article 16. Federal Family Education Loan Program
§30901. Insurance Premium Rate and the Fiscal Soundness of the Reserve Fund.
Note • History
The insurance premium rate shall be reviewed annually by the Loan Study Council, or its successor, and a recommendation shall be made to the California Student Aid Commission for consideration in resetting the insurance premium rate. The Loan Study Council, or its successor, shall review the revenue and expenditure forecasts of the Federal Family Education Loan program administered by the California Student Aid Commission and make recommendations to the Commission related to the fiscal soundness of the reserve fund.
NOTE
Authority cited: Section 69763, Education Code. Reference: Sections 69761.5 and 69769.5, Education Code.
HISTORY
1. New section filed 7-17-97; operative 7-17-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 29).
Note • History
Any eligible lending institution must complete a signed agreement with the California Student Aid Commission, or its agent, before any Federal Family Education Loan made by the lender shall be guaranteed.
NOTE
Authority cited: Section 69763, Education Code. Reference: 34 CFR 682.401(b)(7).
HISTORY
1. New article 16 (sections 30902-30904) and section filed 6-24-97; operative 6-24-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 26).
§30903. Lender and School Reviews.
Note • History
Every school and lender participating in the Federal Family Education Loan program administered by the California Student Aid Commission shall be reviewed on a regular basis as provided in 34 CFR Part 682 by the California Student Aid Commission or its designee. In addition, the California Student Aid Commission may require self-certified audits of both schools and lenders participating in the program.
NOTE
Authority cited: Section 69763, Education Code. Reference: 34 CFR 682.410(c).
HISTORY
1. New section filed 6-24-97; operative 6-24-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 26).
§30904. Transmittal of Manifest and Fees, and Cancellation of Non-Disbursed Loan Guarantees by the Commission.
Note • History
Lenders shall submit to the California Student Aid Commission, or its designee, a manifest of loan transactions (i.e. disbursements, cancellations and any other transactions) within 45 calendar days of the date a loan transaction occurs or the lender learns of the transaction. Insurance premium fees shall be submitted to the Commission along with the manifest for all loans recorded as disbursements on the manifest or shall be submitted to the Commission within 30 calendar days of the date an insurance premium fee billing is sent to the lender. A loan which remains in a guaranteed, but non-disbursed status on the Commission's data base for more than 150 calendar days after the anticipated disbursement date shall have its guarantee canceled by the Commission. If such a loan had actually been disbursed, the lender may request reinstatement of the guarantee by providing the Commission with a written request for reinstatement including an explanation of the reason for the loan's non-disbursed status, a manifest and the appropriate insurance premium fee. This request shall be postmarked or received within 60 days of the date of the cancellation notification.
NOTE
Authority cited: Section 69763, Education Code. Reference: Section 428(b)(1)(H), Higher Education Act of 1965, as amended.
HISTORY
1. New section filed 6-24-97; operative 6-24-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 26).
Article 17. State Nursing Assumption Program of Loans for Education for Nursing Faculty (SNAPLE-NF)
Note • History
“Academic year” means a period as determined by the employing regionally accredited California college or university.
“Accredited college or university” means a college or university that has been accredited by a national or regional accrediting body, including, but not limited to, Middle States Association of Colleges and Schools, The Northwest Commission on Colleges and Universities, North Central Association of Colleges and Schools, New England Association of Schools and Colleges, Inc./Commission on Institutions of Higher Education, Southern Association of Colleges and Schools/Commission on Colleges, and Western Association of Schools and Colleges/Accrediting Commission for Senior Colleges and Universities.
“Cost of Attendance” means the student budget at the participating institution for the nominated student that includes tuition, fees, housing, food, books, transportation and personal expenses for the year. It may also include an allowance for the rental or purchase of a computer, child care or other dependent care costs and additional expenses for students with disabilities not already covered.
“Demonstrated academic ability” means academic standing consistent with or superior to the requirements established by the accredited college or university for satisfactory progress toward graduation or the award of the graduate or undergraduate degree.
“Demonstrated financial need” means financial need as determined under Article 1.5 (commencing with Section 69503) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code.
“Eligible applicant” means:
(1) a student who has been admitted to or is enrolled in a baccalaureate level or graduate level degree program in nursing or a field related to nursing and who submits an application pursuant to Section 30911 and agrees to teach nursing at a regionally-accredited college or university within 12 months of obtaining degree, and has received or is approved to receive, a loan under one or more of the designated loan programs, or any loan program approved by the Student Aid Commission, or
(2) an individual who has completed a baccalaureate level or graduate level degree program in nursing or a field related to nursing within the award year he or she applies for the program and who submits an application pursuant to section 30911 and agrees to teach nursing at a regionally-accredited college or university within 12 months of obtaining the degree, and has received or is approved to receive, a loan under one or more of the designated loan programs, or any loan program approved by the Student Aid Commission.
“Eligible noncitizen” means a United States resident as defined for financial aid purposes under Title IV of the federal Higher Education Act of 1965, 20 U.S.C. Section 1091(a)(5).
“Full-time” and “full-time basis” means full-time employment, as determined by the employing regionally accredited California college or university.
“Half-time basis” means half-time enrollment as determined by the participating institution.
“Natural disaster” means a fire, flood, storm, tidal wave, earthquake, terrorism, epidemic, or other similar public calamity that the Governor determines presents a threat to public safety. (California Government Code, Section 8680.3)
“Other natural causes” means a disease, or physical or mental condition involving inpatient care in a hospital or residential health care facility, or continuing treatment or continuing supervision by a health care provider, or family care and medical leave under Government Code section 12945.2 or the federal Family and Medical Leave Act of 1993.
“Participating institution” and “eligible institution” and “eligible school or college” means an accredited college or university that has elected to participate in the program by submitting nominations of students to the Commission under the provisions of this Article.
“Part-time” and “part-time basis” means part-time employment, as determined by the employing regionally accredited California college or university.
“Program” means the State Nursing Assumption Program of Loans for Education for nursing faculty established in Article 1 (commencing with section 70100) of Chapter 3 of Part 42 of Division 5 of Title 3 of the Education Code and as set forth in this Article.
“Program participant” means an individual who has a loan assumption agreement signed by both the individual and the Commission.
“Regionally accredited California college or university” means a college or university that has been accredited by a regional accreditation body and is located in California.
“Satisfactory academic progress” means academic standing consistent with the requirements of the accredited college or university for satisfactory progress toward the award of the graduate or undergraduate degree.
“Serious illness” means an illness involving inpatient care in a hospital or residential health care facility, or continuing treatment or continuing supervision by a health care provider, or family care and medical leave under Government Code section 12945.2 or the federal Family and Medical Leave Act of 1993.
NOTE
Authority cited: Section 70106, Education Code. Reference: Sections 70101, 70102, 70103, 70104 and 70105, Education Code.
HISTORY
1. New article 17 (sections 30910-30917) and section filed 5-7-2007; operative 5-7-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 19).
2. Amendment of article heading, repeal of subsection designators and new definition of “Eligible applicant” filed 6-10-2008; operative 6-10-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 24).
§30911. Application to Participate in the Program.
Note • History
Applications to participate in the program shall be submitted by the eligible applicant to his or her participating institution. The application shall be submitted to the Commission by the June 30th deadline and shall include the following information regarding the eligible applicant:
(a) Applicant's personal information, including:
(1) Last name, first name and middle initial;
(2) Social Security number;
(3) Address and telephone number;
(4) Date of birth;
(5) E-mail address, if available;
(6) California registered nurse license number, if available;
(7) for an applicant in an undergraduate degree program, a copy of the federal Student Aid Report (SAR) generated by the United States Department of Education based upon the applicant's Free Application for Federal Student Aid (FAFSA) with an Expected Family Contribution (EFC) for the academic year in which the applicant applies to the program. Verification of information provided in the FAFSA and used to calculate the EFC may be requested by the Commission as necessary. Failure to provide verification in a timely manner, if requested, may result in disqualification from consideration for an award;
(8) the name of the regionally-accredited college or university that the eligible applicant is teaching nursing and the date the eligible applicant commenced employment, if applicable;
(9) the date the applicant has or is expected to receive his or her undergraduate or graduate degree in nursing or a field related to nursing.
(b) The applicant's representations that he or she:
(1) is a United States citizen or eligible noncitizen;
(2) is a resident of California;
(3) is in compliance with Selective Service requirements;
(4) does not owe a refund on any state or federal educational grant;
(5) does not currently have a delinquent or defaulted student loan.
(6) has not received a grant as an instructor in a California community college registered nursing program pursuant to Article 3.51 commencing with Section 78260 of the Education Code;
(c) The name of the accredited college(s) or university(ies), as applicable, at which the applicant:
(1) is enrolled on at least a half-time basis in an academic program leading to a baccalaureate or graduate degree in nursing or a field related to nursing;
(2) has obtained a baccalaureate or graduate level degree within the award year he or she applies for the program; or
(3) is accepted on at least a half-time basis to a program leading to a baccalaureate or graduate degree in nursing or a field related to nursing;
(d) Statement that the applicant agrees to:
(1) maintain satisfactory academic progress through completion of baccalaureate or graduate degree program; and
(2) teach in a nursing program on a full-time basis at one or more regionally accredited California colleges or universities for at least three consecutive academic years, or on a part-time basis for the equivalent of three full-time academic years, starting within twelve (12) months after obtaining a degree in nursing or a field related to nursing unless, within twelve (12) months after obtaining such a degree, the participant enrolls in a program leading to a more advanced academic degree in nursing or a field related to nursing;
(e) The name of lender, type of loan, loan identification number(s), and current balance(s) of a loan or loans the applicant has received, or has been approved to receive, under one or more of the following designated loan programs:
(1) the Federal Family Education Loan Program (20 U.S.C. Sec. 1071 et seq.);
(2) the Federal Direct Loan Program (20 U.S.C. Sec. 1087b et seq.);
(3) any loan program approved by the Commission on a case by case basis but not including lines of credit, home equity loans, credit card debt, and other general consumer loans, business loans, personal loans, or mortgages;
(f) For applicants who are enrolled in an undergraduate program, the student's cost of attendance at the participating institution for the academic year of application to the program.
(g) The application shall state that by signing, the applicant agrees that, if requested, the applicant will provide information or documentation to verify the accuracy of the information included in the application, and the applicant understands that failure to provide accurate and complete information as requested may result in disqualification from the program and loss of program benefits. The application shall be dated and signed by the applicant under penalty of perjury under the laws of the State of California.
NOTE
Authority cited: Section 70106, Education Code. Reference: Sections 70101, 70102, 70103, 70105 and 70107, Education Code.
HISTORY
1. New section filed 5-7-2007; operative 5-7-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 19).
2. Amendment of first paragraph and subsection (b)(7), new subsections (b)(8)-(9) and amendment of subsections (c)(2)-(3), (d)(1) and (e) filed 6-10-2008; operative 6-10-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 24).
§30912. Nominations by a Participating Institution.
Note • History
(a) A participating institution may nominate one or more eligible applicants who have submitted applications to participate in the program meeting the requirements of Section 30911 by submitting to the Commission by the June 30th deadline all of the following information regarding each eligible applicant:
(1) the applicant's complete application, including applicant's name, social security number, and the SAR for an undergraduate applicant;
(2) the participating institution's certifications of the following information:
(i) the applicant:
A. is enrolled in a baccalaureate or graduate degree program in nursing or a field related to nursing in which the applicant is, enrolled on at least a half-time basis;
B. has been admitted to a baccalaureate or graduate degree program in nursing or a field related to nursing in which the applicant will be enrolled on at least a half-time basis, or
C. has successfully completed a baccalaureate or graduate degree program within the award year he or she applies for the program in nursing or a field related to nursing in which the applicant was enrolled on at least a half-time basis;
(ii) the applicant's grade point average;
(iii) the applicant:
A. is making satisfactory academic progress; or
B. was making satisfactory academic progress at the time of graduation;
(iv) the applicant has demonstrated academic ability;
(v) it is an accredited college or university; and
(vi) the date the applicant has or is expected to receive his or her undergraduate or graduate degree in nursing or a field related to nursing;
(vii) the type of degree the applicant is pursuing or has completed
(viii) the applicant's field of study
(3) the participating institution's determination that the applicant has demonstrated outstanding ability to become a nursing faculty member, on the basis of the following criteria:
(i) grade point average; and
(ii) faculty evaluation of the applicant's ability to become a nursing faculty member based on the factors used by the participating institution to hire nursing faculty;
(4) for applicants who are undergraduates, the applicant's cost of attendance for the academic year of application to the program.
(b) Each nomination, including the certifications required by this section, submitted by a participating institution shall be signed by the director of the participating institution's nursing program or designee under penalty of perjury under the laws of the State of California.
NOTE
Authority cited: Section 70106, Education Code. Reference: Sections 70101, 70102, 70103, 70107 and 70108, Education Code.
HISTORY
1. New section filed 5-7-2007; operative 5-7-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 19).
2. Amendment of section and Note filed 6-10-2008; operative 6-10-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 24).
Note • History
(a) The Commission shall select program participants from among the eligible applicants whose applications and nominations are complete and are received by the Commission by the June 30th deadline date each academic year and who are determined by the Commission to meet all requirements for participation established in the Education Code. If the maximum authorized allocation of awards is not exhausted after this selection process is completed, the Commission may continue to accept nominations and select program participants based on the date the nominations are received by the Commission. The Commission may continue to make awards until the maximum authorized allocation is exhausted.
(b) The Commission shall only consider and select from among nominated applicants with demonstrated academic ability. In addition, undergraduate applicants may only be considered if they have demonstrated financial need. The Commission shall determine that such financial need exists if the applicant's cost of attendance at the participating institution for the academic year exceeds the applicant's EFC for that year.
(c) Nominated applicants enrolled in or who have completed graduate degree programs will be scored and awarded points using the following selection criteria:
(1) Points will be awarded according to the length of time remaining until the applicant is expected to receive the graduate degree in nursing or a field related to nursing, as follows:
GRADUATE DEGREE POINTS
Completion Within Four Years or Less 20
Completion Within Three Years or Less 30
Completion Within Two Years or Less 40
Completion Within One Year or Less 50
Completed Program within award year 60
applicant applies for the program
(2) Points will be awarded based on the applicant's grade point average in the graduate program in nursing or a field related to nursing as follows:
(i)
GRADUATE GPA POINTS
2.99 or Less 0
3.00-3.24 10
3.25-3.49 15
3.50-3.74 20
3.75-3.99 25
4.00 30
; or
(ii) Nominated applicants enrolled in graduate degree programs who do not have a grade point average established in the graduate program at the time of application may submit the grade point average from their baccalaureate degree program.
(A) Points will be awarded based on the applicant's grade point average in the baccalaureate degree program in nursing or a field related to nursing as follows:
BACCALAUREATE GPA POINTS
2.99 or Less 0
3.00-3.24 05
3.25-3.49 7.5
3.50-3.74 10
3.75-3.99 12.5
4.00 15
(d) Nominated applicants enrolled in or who have completed undergraduate degree programs and who have been determined to have demonstrated financial need pursuant to subsection (b) will be scored and awarded points using the following selection criteria:
(1) Points will be awarded according to the length of time remaining until the applicant is expected to receive the baccalaureate degree in nursing or a field related to nursing, as follows:
BACCALAUREATE DEGREE POINTS
Completion Within Four Years or Less 10
Completion Within Three Years or Less 15
Completion Within Two Years or Less 20
Completion Within One Year or Less 25
Completed Degree within award year 30
applicant applies for the program
(2) Points will be awarded based on the applicant's grade point average in the baccalaureate degree program in nursing or a field related to nursing as follows:
BACCALAUREATE GPA POINTS
2.99 or Less 0
3.00-3.24 05
3.25-3.49 7.5
3.50-3.74 10
3.75-3.99 12.5
4.00 15
(e) In addition to the points based on expected date of degree award and GPA, 20 points will be awarded to any nominated applicant with an active registered nurse license issued by the California Board of Registered Nursing.
(f) The Commission will select nominees with the highest point totals until the authorized award allocation is exhausted. In the case of a tie in the total number of points, the Commission will select nominees based on the earliest date of expected graduation and in the case of a secondary tie, by the highest grade point average.
NOTE
Authority cited: Section 70106, Education Code. Reference: Sections 70105, 70107 and 70109, Education Code.
HISTORY
1. New section filed 5-7-2007; operative 5-7-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 19).
2. Amendment of subsections (a) and (c)-(c)(2), new subsections (c)(2)(i)-(c)(2)(ii)(A) and amendment of subsections (d)-(d)(1) filed 6-10-2008; operative 6-10-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 24).
§30914. Loan Assumption Agreements.
Note • History
(a) The Commission shall provide a loan assumption agreement to each nominated eligible applicant selected by the Commission to be a program participant. The loan assumption agreement shall be effective when both the program participant and the Commission have signed the agreement.
(b) The loan assumption agreement shall include the following:
(1) For a program participant who is enrolled in or admitted to a nursing degree program, the program participant's agreement to:
(i) maintain satisfactory academic progress;
(ii) maintain enrollment on at least a half-time basis each academic term at an accredited college or university;
(iii) continue to satisfy the eligibility requirements in section 30911(b)(1)-(6);
(iv) teach nursing on a full-time basis at one or more regionally accredited California colleges or universities for at least three consecutive academic years, or part-time for the equivalent of three full time academic years, starting within twelve (12) months after obtaining a baccalaureate or graduate degree in nursing or a field related to nursing, unless, within twelve (12) months after obtaining such a degree, the participant enrolls in a program leading to a more advanced academic degree in nursing or a field related to nursing;
(v) authorize the accredited college or university attended by the applicant, employers, and lenders to provide information requested by the Commission for the purposes of administering the loan assumption agreement; and
(vi) comply with all laws and regulations applicable to the program.
(vii) notify the Commission of starting date of employment within 2 weeks of obtaining eligible employment.
(2) For a program participant who has successfully completed a baccalaureate or graduate level degree in nursing or a field related to nursing at the time of application, the-program participant's agreement to:
(i) continue to satisfy the eligibility requirements in section 30911(b)(1)-(6);
(ii) teach nursing on a full-time basis at one or more regionally-accredited California colleges or universities for at least three consecutive academic years, or part-time for the equivalent of three full time academic years, within twelve (12) months of receiving the degree;
(iii) authorize the accredited college or university attended by the applicant, employers, and lenders to provide information requested by the Commission for the purposes of administering the loan assumption agreement; and
(iv) comply with all laws and regulations applicable to the program.
(v) authorize the accredited college or university attended by the applicant, employers, and lenders to provide information requested by the Commission for the purposes of administering the loan assumption agreement; and
(vi) comply with all laws and regulations applicable to the program.
(vii) notify the Commission of starting date of employment within 2 weeks of obtaining eligible employment.
(3) The Commission shall agree that:
(i) after the program participant has completed one academic year of teaching nursing studies on a full-time basis, or the equivalent on a part-time basis, at one or more regionally accredited California colleges or universities, the Commission shall assume, subject to the requirements of section 30915, up to eight thousand three hundred thirty-three dollars ($8,333) of the outstanding liability of the participant under one or more of the designated loan programs;
(ii) after the program participant has completed two consecutive academic years of teaching nursing studies on a full-time basis, or the equivalent on a part-time basis, at one or more regionally accredited California colleges or universities, the Commission shall assume, subject to the terms of section 30915, up to an additional eight thousand three hundred thirty-three dollars ($8,333) of the outstanding liability of the participant under one or more of the designated loan programs, for a total loan assumption of up to sixteen thousand six hundred sixty-six dollars ($16,666); and
(iii) after the program participant has completed three consecutive academic years teaching nursing studies on a full-time basis, or the equivalent on a part-time basis, at one or more regionally accredited California colleges or universities, the Commission shall assume, subject to the terms of section 30915, up to an additional eight thousand three hundred thirty-four dollars ($8,334) of the outstanding liability of the participant under one or more of the designated loan programs, for a total loan assumption of up to twenty-five thousand dollars ($25,000).
(c) The term of the loan assumption agreement shall be no more than 10 years from the date signed by the program participant and the Commission unless extended pursuant to Section 30916.
(d) The loan assumption agreement shall constitute a conditional warrant that may be redeemed with the Commission as specified in section 30915. A participant in this program shall not receive more than one loan assumption agreement.
(e) The loan assumption agreement shall include the participant's certification that he or she understands:
(1) The consequences of failing to comply with the loan assumption agreement as specified in section 30916
(2) The requirements to redeem the conditional warrant as specified in section 30915
(3) he or she must respond to all communications and request from the Commission within ten business days
(4) he or she must report any change in status that may affect his or her SNAPLE-NF eligibility
(5) If it is determined that a loan assumption payment was authorized based on misleading or incorrect information, he or she will be required to reimburse the Commission
(6) he or she must comply with all laws and regulations applicable to the program
NOTE
Authority cited: Section 70106, Education Code. Reference: Sections 70101, 70102, 70103 and 70106, Education Code.
HISTORY
1. New section filed 5-7-2007; operative 5-7-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 19).
2. Amendment of subsections (a) and (b)(1), new subsections (b)(1)(vii)-(b)(2)(vii), subsection renumbering and new subsections (e)-(e)(6) filed 6-10-2008; operative 6-10-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 24).
Note • History
(a) A program participant may redeem the conditional warrant and the Commission shall make loan payments, pursuant to the loan assumption agreement and as provided in Section 30914 and subsection (c), when the Commission has received the following information for each qualifying year of teaching:
(1) documentation certifying that the program participant has received a baccalaureate or graduate degree in nursing or a field related to nursing from an accredited, participating institution;
(2) the following employment information for each applicable year of employment subject to the loan assumption agreement:
(i) program participant's name and social security number;
(ii) names and addresses of the program participant's employers;
(iii) program participant's signature under penalty of perjury under the laws of the State of California.
(3) the following employment information from the participant's employer(s) for each applicable year of employment subject to the loan participation agreement:
(i) statement that the program participant completed an academic year of teaching nursing on a full-time basis, or, if the program participant is employed on a part-time basis, the percentage of employment as related to a full-time academic year.
(ii) statement that the employer is a regionally accredited California college or university;
(iii) employer representative's printed or typed name, title, and telephone number;
(iv) employer representative's signature under penalty of perjury under the laws of the State of California;
(v) certification that the participant has not received a grant pursuant to Article 3.51 commencing with Section 78260 of the Education Code.
(4) the following information from each lending institution for each loan that qualifies for payment under the program and the loan assumption agreement:
(i) program participant's name and social security number;
(ii) account number for each loan;
(iii) interest rate for each loan;
(iv) disbursement date for each loan;
(v) payoff amount for each loan as of June 30;
(vi) indication for each loan whether the loan is delinquent or in default;
(vii) lending institution/servicer name;
(viii) lending institution/servicer eight-digit servicer identification code;
(ix) address for where payment is to be sent;
(x) a signature of the lending institution official under penalty of perjury under the laws of the State of California
(xi) printed name of the lending institution official;
(xii) e-mail address of the lending institution official;
(xiii) telephone number of the lending institution official;
(5) the Commission has determined that the program participant has satisfied the requirements for payment to be made under the loan assumption agreement.
(b) A program participant who teaches on less than a full-time basis is not eligible for a loan payment until he or she teaches for the equivalent of a full-time academic year.
(c) Loan payments shall be made by lump-sum payment to the lender, to be applied directly to the principal balance, if not otherwise prohibited by applicable law or by the terms of the loan agreement between the program participant and the lender. Payments shall first be made toward loans with the highest interest rates. The program participant shall continue to make payments as required under the terms of the loans to avoid defaulting on those loans, until notified by the lenders or loan servicers that the loans are paid in full.
NOTE
Authority cited: Section 70106, Education Code. Reference: Sections 70101, 70102 and 70103, Education Code.
HISTORY
1. New section filed 5-7-2007; operative 5-7-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 19).
§30916. Failure to Comply with the Loan Assumption Agreement.
Note • History
(a) Except as otherwise specified in subsections (b) and (c), a program participant who fails to meet the requirements for payment pursuant to the terms of the loan assumption agreement, including failure to maintain half-time enrollment or satisfactory academic progress while attending an accredited college or university or failure to complete a minimum of three consecutive academic years of teaching in nursing at one or more regionally accredited California colleges or universities on a full-time basis, or the equivalent on a part-time basis, will not qualify for loan payment. The loan assumption agreement shall be deemed terminated, and the Commission shall not make any further payments. The participant shall retain responsibility to continue to make any payments required for any remaining loan obligations under the terms of any outstanding loans to avoid defaulting on those loans but shall not be required to repay any loan payments previously made through the program.
(b) If a program participant is unable to complete one of the three consecutive academic years of teaching nursing at one or more regionally accredited California colleges or universities on a full-time basis, or the equivalent on a part-time basis, due to serious illness, pregnancy, or other natural causes, the term of the loan assumption agreement shall be extended for a period not to exceed one academic year. The Commission shall make no further payments under the loan assumption agreement until the applicable teaching requirements specified have been satisfied. The program participant shall retain responsibility to continue to make any payments required under the terms of any outstanding loans to avoid defaulting on those loans.
(c) If a natural disaster prevents a program participant from completing one of the required academic years of teaching service due to the interruption of instruction at the employing regionally accredited California college or university, the term of the loan assumption agreement shall be extended for the period of time equal to the period from the interruption of instruction at the employing regionally accredited California college or university to the resumption of instruction. The Commission shall make no further payments under the loan assumption agreement until the applicable teaching requirements have been satisfied. The program participant shall retain responsibility to continue to make any payments required under the terms of any outstanding loans to avoid defaulting on those loans.
NOTE
Authority cited: Section 70106, Education Code. Reference: Sections 70101, 70102, 70103 and 70104, Education Code.
HISTORY
1. New section filed 5-7-2007; operative 5-7-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 19).
2. Amendment of subsection (a) filed 6-10-2008; operative 6-10-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 24).
§30917. Development of Projections for Funding Purposes.
Note • History
The Commission shall use program participants' expected dates of graduation and employment dates to project the funding level required to provide loan payments under the program.
NOTE
Authority cited: Section 70106, Education Code. Reference: Section 70106, Education Code.
HISTORY
1. New section filed 5-7-2007; operative 5-7-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 19).
Article 18. State Nursing Assumption Program of Loans for Education for Nurses in State Facilities (SNAPLE-NSF)
Note • History
(a) “Accelerated program” means an approved pre-licensure nursing program that enables a student to complete the instructional program in less time than a traditional program, as determined by the institution.
(b) “Accredited program” means a pre-licensure nursing program approved by the California Board of Registered Nursing pursuant to Business and Professions Code Sections 2785 through 2789.
(c) “Eligible applicant” means:
(1) a student, who has completed a minimum of 60 semester units or the equivalent, and has been admitted to or is enrolled in an approved pre-licensure nursing program, and who submits an application pursuant to Section 30921 and agrees to work in a state-operated facility in an eligible position, and has received or is approved to receive, a loan under one or more of the designated loan programs, or any loan program approved by the Student Aid Commission, or
(2) an individual who has completed an approved pre-licensure nursing program within the award year that he or she applies for the program, and who has applied or is applying for licensure as a registered nurse in California, and who submits an application pursuant to section 30921 and agrees to work in a state-operated facility in an eligible position, and has received or is approved to receive, a loan under one or more of the designated loan programs, or any loan program approved by the Student Aid Commission. However, a person who is currently employed as a registered nurse in a state-operated 24-hour facility is not eligible to enter into an agreement for loan assumption.
(d) “Eligible institution” means a postsecondary institution that is determined by the Commission to meet both of the following requirements: the institution is eligible to participate in state and federal financial aid programs, and the institution maintains an accredited program of professional preparation for licensing as a registered nurse in California.
(e) “Eligible position” means a position in a state-operated facility that appears on the list of Approved Positions for the State Nursing Assumption Program of Loans for Education for Nurses in State Facilities provided by the Student Aid Commission (see Attachment A).
(f) “Employed on a full-time basis” means employed in an eligible position as a registered nurse, in a full-time capacity as defined by the employing, state-operated facility.
(g) “Enrolled on a full-time basis” means enrolled as a pre-licensure registered nurse student, in a full-time capacity as defined by the eligible institution.
(h) “Natural disaster” means a fire, flood, storm, tidal wave, earthquake, terrorism, epidemic, or other similar public calamity that the Governor determines presents a threat to public safety. (California Government Code, Section 8680.3)
(i) “Need-based student loans” means federally subsidized student loans or other student loans awarded based on the student's demonstrated financial need.
(j) “Other natural causes” means a disease, or a physical or mental condition involving in-patient care in a hospital or residential health care facility, or continuing treatment or continuing supervision by a health care provider, or family care and medical leave under Government Code Section 12945.2 of the federal Family and Medical Leave Act of 1993.
(k) “One year” means twelve calendar months.
(l) “Program” means the State Nursing Assumption Program of Loans for Education for Nurses in State Facilities established in Article 2 (commencing with Section 70120 of Chapter 2 of Part 42 of the Education Code) and as set forth in this Article.
(m) “Program participant” means an individual who has a loan assumption agreement signed by both the individual and the Commission.
(n) “Registered nurse” means a person who possesses a valid license to practice as a professional registered nurse in California and provides patient care services in an eligible position as identified in the list of Approved Positions for the State Nursing Assumption Program of Loans for Education for Nurses in State Facilities (see Attachment A).
(o) “Satisfactory academic progress” means academic standing consistent with the requirements of the eligible institution for satisfactory progress toward the completion of the pre-licensure nursing program.
(p) “Serious illness” means an illness involving in-patient care in a hospital or residential health care facility, or continuing treatment or continuing supervision by a health care provider, or family care and medical leave under Government Code Section 12945.2 or the federal Family and Medical Leave Act of 1993.
(q) “State-operated facility” means a state-operated facility in California that:
(1) provides health care 24 hours per day, 7 days per week, including but not limited to prisons, psychiatric hospitals and veterans' homes;
(2) employs registered nurses;
(3) has a vacancy rate greater than 10 percent of its registered nurse positions as determined by the Department of Personnel Administration; and,
(4) is included on the list of state-operated facilities provided annually to the Commission by the Department of Personnel Administration pursuant to Education Code Section 70121.
NOTE
Authority cited: Section 70125, Education Code. Reference: Sections 70120, 70121, 70124, 70125 and 70128, Education Code.
HISTORY
1. New article 18 (sections 30920-30927) and section filed 5-30-2007; operative 5-30-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 22).
2. Amendment of article heading and subsection (c) filed 6-10-2008; operative 6-10-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 24).
§30921. Application to Participate in the Program.
Note • History
(a) CSAC applications to participate in the program shall be submitted to the Commission by the June 30 deadline and shall include the following information regarding the applicant:
(1) Last name, first name and middle initial;
(2) Social Security number;
(3) Address and telephone number;
(4) Date of birth;
(5) E-mail address, if available;
(6) The name of the lender, loan identification number(s), type of loan or loans (need-based or non-need-based), and current balance(s) of a loan or loans the applicant has received, or has been approved to receive, in order to meet the costs of the applicant's education under one or more of the following designated loan programs (to be eligible for assumption benefits, loan(s) must be disbursed prior to the date of registered nurse license of applicant):
(A) the Federal Family Education Loan Program (20 U.S.C. Sec. 1071 et seq.);
(B) the Federal Direct Loan Program (20 U.S.C. Sec. 1087b et seq.);
(C) any educational loan program approved by the Commission on a case by case basis, but not including lines of credit, home equity loans, credit card debt, and other general consumer loans, business loans, personal loans, or mortgages;
and,
(7) proof that the applicant possesses a baccalaureate degree, if applicable.
(8) Ethnicity;
(9) Gender;
(10) Type of program of professional preparation applicant is attending or has attended
(11) the name of the state-operated facility the eligible applicant is employed at and the date the eligible applicant commenced employment, if applicable;
(12) the name of the college the eligible applicant is attending or has attended;
(13) the college's federal school code.
(b) Applications to participate in the program from applicants who are admitted to, or are enrolled in an accredited program shall include the following information regarding the applicant:
(1) Certification from an eligible institution of the applicant's current admission or enrollment as specified in Section 30922(a);
(2) Certification from an eligible institution that the applicant has completed a minimum of 60 post-secondary semester units or the equivalent;
(3) Statement that the applicant agrees to:
(A) maintain satisfactory academic progress and full-time enrollment;
(B) obtain and maintain a California registered nurse license within 12 months of completing the pre-licensure nursing program; and,
(C) obtain and maintain employment, within 6 months of obtaining a California registered nurse license, as a registered nurse in an eligible position in a state-operated facility, as defined in Section 30920(q), on a full-time basis for four consecutive years.
(c) Applications to participate in the program from applicants who have completed a pre-licensure nursing program within the award year that he or she applies for the program, but have not obtained a California registered nursing license shall include the following information regarding the applicant:
(1) Certification from an eligible institution that the applicant has completed a pre-licensure nursing program and the date completed as specified in Section 30922(a);
(2) Statement that the applicant agrees to:
(A) obtain and maintain a California registered nurse license within 12 months of completing the pre-licensure nursing program
(B) obtain and maintain employment, within 6 months of obtaining a California registered nurse license, as a registered nurse in an eligible position in a state-operated facility, as defined in Section 30920(q), on a full-time basis for four consecutive years.
(d) Applications to participate in the program from applicants who have completed a pre-licensure nursing program within the award year that they apply for the program and who possess a current California registered nursing license, shall include the following information regarding the applicant:
(1) Certification from an eligible institution that the applicant has completed a pre-licensure nursing program and the date completed as specified in Section 30922(a);
(2) California Registered Nurse License number and expiration date;
(3) Statement that the applicant agrees to:
(A) obtain and maintain employment, within 6 months of being accepted into the program, as a registered nurse in an eligible position in a state-operated facility, as defined in Section 30920(q), on a full-time basis for four consecutive years.
(e) The application shall state that by signing, the applicant agrees that, if requested, the applicant will provide information or documentation to verify the accuracy of the information included in the application, and the applicant understands that failure to provide accurate and complete information as requested may result in disqualification from the program and loss of program benefits. The application shall be dated and signed by the applicant under penalty of perjury under the laws of the State of California.
NOTE
Authority cited: Section 70125, Education Code. Reference: Sections 70120, 70122, 70125 and 70128, Education Code.
HISTORY
1. New section filed 5-30-2007; operative 5-30-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 22).
2. Amendment of subsections (a) and (a)(7) and new subsections (a)(8)-(a)(13) filed 6-10-2008; operative 6-10-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 24).
§30922. Certification from Eligible Institution.
Note • History
(a) All applicants shall submit certification from an eligible institution to the Commission by the June 30 deadline, including:
(1) the type of program, whether accelerated or traditional;
(2) that the applicant is, or if admitted will be, enrolled on a full-time basis, or that the applicant completed the pre-licensure nursing program and the that completion date;
(3) that the applicant, if enrolled, is maintaining satisfactory academic
progress; and,
(4) that the eligible institution has determined that the applicant has demonstrated outstanding ability on the basis of criteria that may include, but need not be limited to, any of the following:
(A) grade point average;
(B) test scores;
(C) faculty evaluations;
(D) interviews; and
(E) other recommendations.
(5) the applicant's grade point average for the pre-licensure nursing program;
(6) the number of remaining semesters or quarters the applicant is expected to take to complete the pre-licensure program and the projected completion date;
(7) certification that the institution is eligible to participant in state and federal financial aid programs;
(8) certification that the institution maintains an accredited program of professional preparation for licensing as a registered nurse in California;
(9) the applicant's last name, first name and middle initial;
(10) the applicant's Social Security Number;
(11) each certification submitted by an eligible institution shall be signed by the director of the institution's nursing program or designee under penalty of perjury under the laws of the State of California.
NOTE
Authority cited: Section 70125, Education Code. Reference: Section 70120, 70125, 70126 and 70128, Education Code.
HISTORY
1. New section filed 5-30-2007; operative 5-30-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 22).
2. Amendment of subsections (a) and (a)(6), new subsections (a)(7)-(a)(10) and subsection renumbering filed 6-10-2008; operative 6-10-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 24).
Note • History
(a) The Commission shall select program participants from among those applicants whose applications are complete and are received by the Commission by the June 30 deadline, and who are determined by the Commission to meet all requirements for participation established in the Education Code. If the authorized allocation of awards is not exhausted after this selection process is completed, the Commission may continue to accept applications and select program participants based on the date the applications are received by the Commission. The Commission may continue to make awards until the authorized allocation is exhausted.
(b) In the event that the number of applications from eligible applicants exceeds the maximum allocation of awards, the Commission shall score and award points to eligible applicants using the following selection criteria:
(1) Applicants who have completed a baccalaureate degree at time of application shall receive 25 points.
(2) Applicants who are currently enrolled in or who completed an accelerated program within the award year he or she applies for the program shall receive 25 points.
(3) Applicants who have an outstanding balance on a federally subsidized student loan(s) or other need-based student loan(s) disbursed prior to the date of registered nurse license of applicant shall receive 25 points.
(4) Nominated applicants in pre-licensure nursing programs or applicants who have completed a pre-licensure program within the award year that he or she applies for the program will be scored and awarded points using the following selection criteria:
(A) Points will awarded according to the length of time remaining until the applicant is expected to complete the pre-licensure nursing program, as follows:
Completion of Pre-licensure
Nursing Program POINTS
Completion Within/Longer Than Six 0
Quarters or Four Semesters
Completion Within Five Quarters 2.5
Completion Within Three Semesters 3.75
Completion Within Four Quarters 5
Completion Within Three Quarters or Two Semesters 7.5
Completion Within Two Quarters 10.0
Completion Within One Semester 11.25
Completion Within One Quarter 12.5
Completed Pre-Licensure Nursing Program 15
(B) Points will be awarded based on the applicant's grade point average in the pre-licensure nursing program in nursing as follows:
Pre-licensure Nursing GPA POINTS
2.99 or Less 0
3.00-3.24 2
3.25-3.49 4
3.50-3.74 6
3.75-3.99 8
4.00 10
(c) After assignment of the scores specified in subsection (b), the Commission will select nominees with the highest point totals until the authorized award allocation is exhausted. In the case of a tie in the total number of points, the Commission will select nominees based on the date the application is received by the Commission.
NOTE
Authority cited: Section 70125, Education Code. Reference: Sections 70125 and 70128, Education Code.
HISTORY
1. New section filed 5-30-2007; operative 5-30-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 22).
2. Amendment of subsection (a) filed 6-10-2008; operative 6-10-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 24).
§30924. Loan Assumption Agreements.
Note • History
(a) The Commission shall provide a loan assumption agreement to each applicant who has been chosen by the Commission to be a program participant. The loan assumption agreement shall be effective when both the program participant and the Commission have signed the agreement.
(b) The loan assumption agreement shall include for participants who are enrolled in or admitted to an approved program, the program participant's agreements to:
(1) maintain satisfactory academic progress;
(2) maintain enrollment on a full-time basis each academic term;
(3) apply for and obtain a license to practice as a registered nurse in California within 12 months of completing the pre-licensure nursing program;
(4) obtain and maintain full-time employment, within 6 months of obtaining a California registered nurse license, for four consecutive years in an eligible position as a registered nurse in a state-operated facility, as defined in Section 30920(q); and
(5) authorize the eligible institution that the applicant is attending, future employers from state operated facilities, and student loan lenders to provide information requested by the Commission for the purposes of administering the loan assumption agreement;
(6) notify the Commission of starting date of employment within 2 weeks of obtaining eligible employment.
(c) The loan assumption agreement shall include for participants who have completed a pre-licensure nursing program within the award year that he or she applies for the program the program participant's agreements to:
(1) apply for and obtain a license to practice as a registered nurse in California within 12 months of completing the pre-licensure nursing program, if the participant has not already obtained his or her license;
(2) obtain and maintain full time employment, within 6 months of obtaining a California registered nurse license, or within 6 months of entering the program if the participant holds a registered nurse license prior to entering into the program, for four consecutive years in an eligible position as a registered nurse in a state-operated facility, as defined in Section 30920(q); and
(3) authorize the eligible institution that the applicant attended, future employers from state-operated facilities, and student loan lenders to provide information requested by the Commission for the purposes of administering the loan assumption agreement.
(4) notify the Commission of starting date of employment within 2 weeks of obtaining eligible employment.
(d) The Commission shall agree that:
(1) after the program participant has completed one year of full time employment in an eligible position as a registered nurse in a state-operated facility, the Commission shall assume, subject to the requirements of Section 30925, up to five thousand dollars ($5,000) of the outstanding liability under one or more of the designated loan programs (to be eligible for assumption benefits, loan(s) must be disbursed prior to the date of registered nurse license of participant);
(2) after the program participant has completed two consecutive years of full time employment in an eligible position as a registered nurse in a state-operated facility, the Commission shall assume, subject to the terms of Section 30925, up to an additional five thousand dollars ($5,000) of the participant's outstanding liability under one or more of the designated loan programs, for a total loan assumption of up to ten thousand dollars ($10,000) (to be eligible for assumption benefits, loan(s) must be disbursed prior to the date of registered nurse license of participant); and,
(3) after the program participant has completed three consecutive years of full time employment in an eligible position as a registered nurse in a state-operated facility, the Commission shall assume, subject to the terms of Section 30925, up to an additional five thousand dollars ($5,000) of the participant's outstanding liability under one or more of the designated loan programs, for a total loan assumption of up to fifteen thousand dollars ($15,000) (to be eligible for assumption benefits, loan(s) must be disbursed prior to the date of registered nurse license of participant); and,
(4) after the program participant has completed four consecutive years of full time employment in an eligible position as a registered nurse in a state-operated facility, the Commission shall assume, subject to the terms of Section 30925, up to an additional five thousand dollars ($5,000) of the participant's outstanding liability under one or more of the designated loan programs, for a total loan assumption of up to twenty thousand dollars ($20,000) (to be eligible for assumption benefits, loan(s) must be disbursed prior to the date of registered nurse license of participant).
(e) The term of the loan assumption agreement shall be no more than 10 years from the date signed by the program participant and the Commission unless extended by the Commission in the case of serious illness, pregnancy, other natural causes or a natural disaster.
(f) The loan assumption agreement shall constitute a conditional warrant that may be redeemed with the Commission as specified in Section 30925. A participant in this program shall not receive more than one loan assumption agreement.
(g) The loan assumption agreement shall include the participant's certification that he or she understands:
(1) The consequences of failing to comply with the loan assumption Agreement as specified in section 30926;
(2) The requirements to redeem the conditional warrant as specified in section 30925;
(3) The institution that the participant attends must be eligible for state and federal financial aid;
(4) he or she must respond to all communications and requests from the Commission within ten business days;
(5) he or she must report any change in status that may affect his or her SNAPLE NSF eligibility;
(6) he or she must comply with all laws and regulations applicable to the program; and
(7) If it is determined that a loan assumption payment was authorized based on misleading or incorrect information, he or she will be required to reimburse the Commission.
NOTE
Authority cited: Section 70125, Education Code. Reference: Sections 70120, 70121, 70122, 70123 and 70125, Education Code.
HISTORY
1. New section filed 5-30-2007; operative 5-30-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 22).
2. Amendment redesignating former subsections (b)(A)-(F) as subsections (b)(1)-(6), (c)(A)-(D) as (c)(1)-(4) and (d)(A)-(D) as (d)(1)-(4) and adopting new subsections (g)-(g)(7) filed 6-10-2008; operative 6-10-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 24).
Note • History
(a) A program participant may redeem the conditional warrant and the Commission shall make loan payments, as provided in Section 30924(d) and Section 30925(c), when:
(1) the program participant has provided documentation certifying licensure as a registered nurse in California.
(2) the program participant has provided the following employment information for each applicable year of employment subject to the loan assumption agreement:
(A) program participant's name and social security number;
(B) name of eligible registered nurse position;
(C) names and addresses of the program participant's employer(s);
(D) program participant's signature under penalty of perjury under the laws of the State of California.
(3) the program participant has provided the following employment information from his or her employers for each applicable year of employment subject to the loan participation agreement:
(A) statement that the program participant completed a year of work in an eligible position as a registered nurse on a full-time basis in a state-operated facility,
(B) statement that the employer is a state-operated facility,
(C) employer representative's printed or typed name, title, and telephone number;
(D) employer representative's signature under penalty of perjury under the laws of the State of California;
(4) the program participant has provided the following information from each lending institution on the loans subject to the loan assumption agreement (to be eligible for assumption benefits, loan(s) must be disbursed prior to the date of registered nurse license of participant):
(A) program participant's name and social security number;
(B) account number for each loan;
(C) interest rate for each loan;
(D) disbursement date for each loan;
(E) payoff amount for each loan as of June 30;
(F) indication for each loan whether the loan is delinquent or in default;
(G) lending institution/servicer name;
(H) lending institution/servicer eight-digit servicer identification code;
(I) address where payment is to be sent;
(J) a signature of the lending institution official under penalty of perjury under the laws of the State of California;
(K) printed name of the lending institution official;
(L) e-mail address of the lending institution official;
(M) telephone number of the lending institution official;
(5) the Commission has determined that the program participant has satisfied all requirements for payment to be made pursuant to the loan assumption agreement.
(b) Loan payments shall be made by lump-sum payment to the lender, to be applied directly to the principal balance, if not otherwise prohibited by applicable law or by the terms of the loan agreement between the program participant and the lender. Payments shall first be made toward loans with the highest interest rates. The program participant shall continue to make payments as required under the terms of the loans to avoid defaulting on those loans, until notified by the lenders or loan servicers that the loans are paid in full.
(c) The state-operated facility at which the participant is employed must be included on the current list provided to the Commission by the Department of Personnel Administration of facilities with a greater than 10 percent vacancy rate for registered nursing positions as of the date that the participant commences employment at the facility. If the facility is removed from the list after the date the participant commenced employment, the agreement remains valid.
NOTE
Authority cited: Section 70125, Education Code. Reference: Sections 70122, 70123 and 70125, Education Code.
HISTORY
1. New section filed 5-30-2007; operative 5-30-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 22).
2. Amendment of subsection (a), new subsection (a)(2)(B) and subsection relettering filed 6-10-2008; operative 6-10-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 24).
§30926. Failure to Comply with the Loan Assumption Agreement.
Note • History
(a) Except as otherwise specified in subsections (b) and (c), a program participant who fails to comply with all requirements for payment under the loan assumption agreement, including failure to complete a minimum of four consecutive years of full time employment in an eligible position as a registered nurse in a state-operated facility or failure to maintain full-time enrollment or satisfactory academic progress while attending a pre-licensure nursing program, shall be withdrawn from the program and assume full liability for all student loan obligations remaining after the Commission's payment of any loan liability for any year of qualifying registered nursing service.
(b) If a program participant is unable to complete one of the four consecutive years of work as a registered nurse in a state-operated facility, due to serious illness, pregnancy, or other natural causes, the term of the loan assumption agreement shall be extended for a period not to exceed one year. The Commission shall make no further payments under the loan assumption agreement until the applicable work requirements specified have been satisfied. The program participant shall retain responsibility to continue to make any payments required under the terms of any outstanding loans to avoid defaulting on those loans.
(c) If a natural disaster prevents a program participant from completing one of the four consecutive years of employment at the state-operated facility, the term of the loan assumption agreement shall be extended for the period of time equal to the period from the date that the participant's employment at the facility temporarily ceased to the date on which the participant resumed employment at the facility. The Commission shall make no further payments under the loan assumption agreement until the applicable work requirements have been satisfied. The program participant, however, shall retain responsibility to continue to make any payments required under the terms of any outstanding loans to avoid defaulting on those loans.
(d) If a program participant self-withdraws or is withdrawn from the program within the award year he or she applies for the program, the Commission will reallocate the award to the next eligible applicant.
NOTE
Authority cited: Section 70125, Education Code. Reference: Sections 70124 and 70125, Education Code.
HISTORY
1. New section filed 5-30-2007; operative 5-30-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 22).
§30927. Development of Projections for Funding Purposes.
Note • History
The Commission shall use program participants' expected dates of graduation and employment start dates to project the funding level required to provide loan payments under the program.
NOTE
Authority cited: Section 70125, Education Code. Reference: Section 70125, Education Code.
HISTORY
1. New section and Attachment A filed 5-30-2007; operative 5-30-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 22).
2. Amendment filed 6-10-2008; operative 6-10-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 24).
ATTACHMENT A
List of Approved Positions for the State Nursing Assumption Program of Loans for Education for Nurses in State Facilities
Nurse-Anesthetist, Correctional Facility
Nurse Practitioner
Nurse-Practitioner, Correctional Facility
Nurse Practitioner, Departments of Mental Health & Developmental Services
Nurse Practitioner, Safety
Registered Nurse
Registered Nurse, Correctional Facility
Registered Nurse, Safety
Surgical Nurse I
Surgical Nurse I, Correctional Facility
Surgical Nurse II, Correctional Facility
Surgical Nurse I, Departments of Mental Health & Developmental Services
Division 4.5. ScholarShare Investment Board
Chapter 1. Golden State Scholarshare Trust Program
§30950. Scholarshare Trust Definitions.
Note • History
(a) Existing Definitions. The following terms, as used in these regulations, are defined in Section 69980 of the Education Code: Act; administrative fund; benefits; Board; Golden State Scholarshare Trust; Scholarshare trust; participant; participation agreement; program administrator; program fund; tuition and fees.
The following terms, as used in these regulations, are defined in the Internal Revenue Code Section 529 of 1986, as amended, (26 U.S.C. Sec. 529): designated beneficiary; eligible educational institution; member of the family; qualified higher education expenses; qualified tuition program; scholarship.
(b) Additional Definitions. The following definitions shall also apply to the Golden State Scholarshare Trust Program:
Account--means an account established under the Act.
Account owner--means the “participant” as defined in Section 69980 of the Education Code. An account owner who is an individual (other than an individual who is a custodian under the California Uniform Transfers to Minors Act) is specifically referred to in these regulations as an “individual account owner.” An account owner who is a custodian under the California Uniform Transfers to Minors Act is specifically referred to in these regulations as a “custodial account owner.” An account owner that is a trust, estate, partnership, association, company or corporation, or a state or local government agency, is specifically referred to in these regulations as an “entity account owner.” Account owner includes the legal representative of an account owner.
Annual Report--means a statement meeting the requirements of Section 69990 of the Education Code.
Business day--means any day that the New York Stock Exchange (NYSE) is open. The close of a business day is the time that the NYSE closes for that day.
California Uniform Transfers to Minors Act--means the act by that name that is contained in Part 9 (commencing with Section 3900) of Division 4 of the California Probate Code.
Cash--shall include but not be limited to checks (except for travelers checks, third-party checks exceeding $10,000, money orders, or cashier's checks), rollover distributions, payroll deduction, automatic contribution plan, and electronic funds transfers. Cash does not include property.
Contribution--means cash deposited into an account.
Distributee--means the designated beneficiary or the account owner who receives or is treated as receiving a distribution from the Scholarshare trust.
Distribution--means any disbursement from an account.
Earnings--means the total account balance on a particular date minus the contributions in the account as of that date.
Internal Revenue Code--means the Internal Revenue Code of 1986, as amended.
Legal representative of an account owner--means an individual, trust, estate, partnership, association, company or corporation, a custodian under the California Uniform Transfers to Minors Act or a state or local government agency empowered by law to act for or on behalf of an account owner who has entered into a participation agreement pursuant to the Act. A legal representative of an account owner shall provide to the program administrator's designee a document establishing the authority of the legal representative to so act that is signed by the account owner, or a court order establishing the authority of the legal representative to so act. The document or court order must be dated within sixty (60) days of receipt by the Scholarshare trust. The program administrator's designee shall rely conclusively upon the document or court order until the earlier of its stated expiration date or the date of receipt by the program administrator's designee of a document or court order terminating the authority evidenced thereby. The legal representative of an account owner shall be deemed to be acting for or on behalf of the account owner in the account owner's legal capacity.
Non-qualified distribution--means any distribution from an account other than 1) a qualified distribution; or 2) a withdrawal by reason of the death or disability of the designated beneficiary of the account or a scholarship received by the designated beneficiary to the extent that the amount distributed does not exceed the amount of the scholarship, all as provided in Section 30954(d); or 3) a rollover distribution.
Qualified distribution--means a distribution from an account to pay qualified higher education expenses of the designated beneficiary.
Qualified Scholarship Account--means an account opened by an entity account owner to which amounts contributed, and any earnings thereon, are intended to be excluded from the gross income of the scholarship recipient under Section 117 of the Internal Revenue Code.
Qualified Scholarship Account Distribution--means a distribution from a Qualified Scholarship Account to pay for qualified tuition and related expenses within the meaning of Section 117 of the Internal Revenue Code.
Rollover distribution--means a distribution or transfer from an account for a current designated beneficiary that is transferred or deposited within sixty (60) days of the distribution into an account for another designated beneficiary who is a member of the family of the current designated beneficiary. A distribution is not a rollover distribution unless there is a change of designated beneficiary except that a change of designated beneficiary is not required for a distribution or transfer that occurs between qualified tuition programs, provided that such a distribution or transfer cannot occur more than once within a twelve-month period from the date of a previous distribution or transfer by the account owner for the same designated beneficiary. For rollover distributions that involve a change of designated beneficiary, the newly designated beneficiary's account may be an account established under the Act or established within another qualified tuition program and the account owner must certify in the written request for the rollover distribution that the new beneficiary is a member of the family of the current beneficiary. If the rollover distribution is by a state or local government agency or an entity described in Section 501(c)(3) of the Internal Revenue Code and identified in Section 30959(a)(2), the newly designated beneficiary can not be a member of the family of the current designated beneficiary and the account owner must so certify in the written request.
State or local government agency--means a state or local government (or an agency or instrumentality thereof) as those terms are used in Section 529(e) of the Internal Revenue Code.
Substantiation--means a document submitted by an entity account owner to the Scholarshare trust in one of the following forms and dated no more than sixty (60) days prior to its receipt by the Scholarshare trust:
(1) a corporate by-law extract or corporate resolution certified by an officer of the corporation (other than an individual authorized thereby to act as signer for the corporation's account), with raised seal if in use by the corporation;
(2) a certificate signed by the owner of a sole proprietorship;
(3) a certificate signed by a general partner of a partnership (other than an individual authorized by the certificate to act as signer for the partnership's account);
(4) a certificate signed by an officer of a limited liability company, other company or association (other than an individual authorized by the certificate to act as signer for the account of the limited liability company, other company or association);
(5) a certificate signed by the chief executive officer of a state or local government agency;
(6) a certified copy of a court order establishing an estate and naming a legal representative of the estate that is authorized to act as a signer for the account of the estate;
(7) a certificate signed by the trustee of a trust, a court order, or a certified copy of the portions of a trust instrument, that confirms the creation of the trust and the identity of the trustee, and provides authorization for the trustee to act as a signer for the account of the trust;
(8) a letter or memorandum from the Internal Revenue Service indicating that the entity is an organization described in Section 501(c)(3) of the Internal Revenue code;
(9) an original memorandum exhibiting the appropriate letterhead and containing the holographic signature of (a) the chief executive officer of a corporation or limited liability company; (b) the general partner of a partnership; (c) the owner of a sole proprietorship; or (d) the chief executive officer of a state or local government agency; or
(10) if the entity account owner is unable to provide substantiation in any of the foregoing forms, the entity account owner may propose an alternate form of substantiation to the program administrator's designee for consideration. The program administrator's designee must review the alternate form of substantiation for authenticity and completeness and must accept or reject it. If judged authentic and complete, the program administrator's designee must act on the alternate form of substantiation within thirty (30) business days of so determining. If judged inauthentic or incomplete, the program administrator's designee must notify the account owner of the rejection of the alternate form of substantiation and set forth the reason for such determination in writing within thirty (30) business days of so determining.
(c) Electronic Communications.
(1) A “written notification”, a “written request”, or “written” as used in this Chapter 1 may include an electronic communication containing an electronic signature that is acceptable under California or federal electronic signature laws.
(2) A “dated original signature”, or “signed” as used in this Chapter 1, shall include signatures acceptable under California or federal electronic signature laws.
NOTE
Authority cited: Sections 69981(d) and 69982(h), Education Code. Reference: Sections 69980, 69983(a), (e) and (h), Education Code; Section 24306(c)(A), Revenue and Taxation Code; Sections 3900-3925, Probate Code; and Sections 117(b), 152(a), 501(c)(3) and 529(b) and (c), Internal Revenue Code.
HISTORY
1. New article 17 (sections 30950-30957) and section filed 6-3-99 as an emergency pursuant to Education Code 69993.5; operative 6-28-99 (Register 99, No. 23). A Certificate of Compliance must be transmitted to OAL by 2-23-2000 or emergency language will be repealed by operation of law on the following day.
2. New article 17 (sections 30950-30958) and section refiled 12-30-99 as an emergency pursuant to Education Code section 69993.5, including amendment of section and Note; operative 12-26-99 (Register 99, No. 53). A Certificate of Compliance must be transmitted to OAL by 4-24-2000 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-30-99 order, including new division 4.5 heading, redesignation of former division 4, chapter 1, article 17 to division 4.5, chapter 1, and amendment of section and Note, transmitted to OAL 4-21-2000 and filed 6-1-2000 (Register 2000, No. 22).
4. Amendment filed 6-26-2000 as an emergency pursuant to Education Code section 69993.5; operative 7-1-2000 (Register 2000, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-28-2000 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section and Note filed 12-26-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 52). A Certificate of Compliance must be transmitted to OAL by 7-2-2001 pursuant to Education Code section 6993.5 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 12-26-2000 order, including further amendment of subsection (b) -- definition of ``substantiation” part (10), transmitted to OAL 5-22-2001 and filed 7-5-2001 (Register 2001, No. 27).
7. Amendment of section and Note filed 12-18-2001 as an emergency; operative 1-1-2002 (Register 2001, No. 51). Pursuant to Education Code section 69993.5, a Certificate of Compliance must be transmitted to OAL by 7-1-2002 or emergency language will be repealed by operation of law on the following day.
8. Editorial correction of History 7 (Register 2002, No. 21).
9. Editorial correction of History 7 (Register 2002, No. 31).
10. Reinstatement of section as it existed prior to 12-18-2001 emergency amendment by operation of Government Code section 11346.1(f) (Register 2002, No. 31).
11. Amendment of section and Note filed 7-31-2002 as an emergency; operative 7-31-2002 (Register 2002, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-2-2002 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 7-31-2002 order transmitted to OAL 11-13-2002 and filed 12-5-2002 (Register 2002, No. 49).
13. Amendment of subsection (b) filed 12-1-2003; operative 1-1-2004 (Register 2003, No. 49).
Note • History
(a) Individual Account Owner. Any individual who has either reached the age of majority or who is an emancipated minor and who has provided the program administrator's designee with a certified court decree of emancipation and who meets other federal and state legal requirements governing the program, shall be eligible to establish an account.
(b) Other Account Owners. A trust, estate, partnership, association, company or corporation, a custodian under the California Uniform Transfers to Minors Act, or a state or local government agency which meets the federal and state legal requirements governing the program shall be eligible to establish an account.
(c) Participation Agreement. An eligible account owner must submit a completed and signed participation agreement with either an initial contribution or a selection of electronic funds transfer, automatic contribution plan, payroll deduction (if available), or rollover distribution (if available) as the method of initial contribution to the program administrator's designee.
(d) Participation Agreement Submitted By Entity Account Owner. In satisfying the requirements of paragraph (c) of this Section, an entity account owner must attach to the completed application portion of the participation agreement substantiation as to: (1) the legal status of the entity; (2) authorization by the entity to open the account; and (3) the authority of the signer to open the account and conduct transactions in the account.
(e) Number of Account Owners and Beneficiaries Per Account. Only one account owner and one designated beneficiary is permitted per account, except that state and local government agencies and entities described in Section 501(c)(3) of the Internal Revenue Code that are opening the account as part of a scholarship program can open a qualified scholarship account for the benefit of designated beneficiaries to be named when the scholarships are awarded. An account owner may be an account owner for more than one account provided the designated beneficiary of each account is different. An individual may be the designated beneficiary on more than one account provided the account owner of each account is different.
(f) Cancelling Participation Agreements. Any account owner may cancel a participation agreement at will by submitting written notification to the program administrator's designee. A participation agreement is deemed cancelled when the account owner requests a non-qualified distribution to remove all funds from the account so that the balance in the account is reduced to zero.
NOTE
Authority cited: Sections 69981(c)(7) and (d) and 69982(h), Education Code. Reference: Sections 69985, 69986 and 69990(a), Education Code; and Sections 501(c)(3) and 529(b)(4), Internal Revenue Code.
HISTORY
1. New section filed 6-3-99 as an emergency pursuant to Education Code 69993.5; operative 6-28-99 (Register 99, No. 23). A Certificate of Compliance must be transmitted to OAL by 2-23-2000 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-30-99 as an emergency pursuant to Education Code section 69993.5, including amendment of subsection (b); operative 12-26-99 (Register 99, No. 53). A Certificate of Compliance must be transmitted to OAL by 4-24-2000 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-30-99 order transmitted to OAL 4-21-2000 and filed 6-1-2000 (Register 2000, No. 22).
4. Amendment of section heading, section and Note filed 12-26-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 52). A Certificate of Compliance must be transmitted to OAL by 7-2-2001 pursuant to Education Code section 6993.5 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-26-2000 order transmitted to OAL 5-22-2001 and filed 7-5-2001 (Register 2001, No. 27).
6. Amendment of section and Note filed 12-18-2001 as an emergency; operative 1-1-2002 (Register 2001, No. 51). Pursuant to Education Code section 69993.5, a Certificate of Compliance must be transmitted to OAL by 7-1-2002 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 6 (Register 2002, No. 21).
8. Editorial correction of History 6 (Register 2002, No. 31).
9. Reinstatement of section as it existed prior to 12-18-2001 emergency amendment by operation of Government Code section 11346.1(f) (Register 2002, No. 31).
10. Amendment of section and Note filed 7-31-2002 as an emergency; operative 7-31-2002 (Register 2002, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-2-2002 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 7-31-2002 order transmitted to OAL 11-13-2002 and filed 12-5-2002 (Register 2002, No. 49).
§30951.1. Custodial Account Registration.
Note • History
(a) Notice of Change in Custodial Account Registration. The program administrator's designee shall change the registration of a custodial account upon receipt of written notification from the custodial account owner that the designated beneficiary has reached the age of majority or is otherwise legally authorized to assume ownership. The change in account registration shall not be effective until the designated beneficiary has submitted a completed participation agreement to the program administrator's designee.
(b) Extension of Custodianship Past Designated Beneficiary's Reaching Age of Majority. If the custodianship of the custodial account is extended pursuant to Section 3920.5 of the California Uniform Transfers to Minors Act to a time past the designated beneficiary's reaching the age of majority, the change in account registration will only be effective if: (1) the custodian provides written notification to the program administrator's designee of the termination of the custodianship at such later time; and (2) the designated beneficiary submits a completed participation agreement to the program administrator's designee.
NOTE
Authority cited: Sections 69981(c)(7), 69981(d) and 69982(h), Education Code. Reference: Sections 69986 and 69990(a), Education Code; Sections 3920 and 3920.5, Probate Code; and Section 529(b)(4), Internal Revenue Code.
HISTORY
1. New section filed 12-26-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 52). A Certificate of Compliance must be transmitted to OAL by 7-2-2001 pursuant to Education Code section 6993.5 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-26-2000 order transmitted to OAL 5-22-2001 and filed 7-5-2001 (Register 2001, No. 27).
3. Amendment filed 12-18-2001 as an emergency; operative 1-1-2002 (Register 2001, No. 51). Pursuant to Education Code section 69993.5, a Certificate of Compliance must be transmitted to OAL by 7-1-2002 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction of History 3 (Register 2002, No. 21).
5. Editorial correction of History 3 (Register 2002, No. 31).
6. Reinstatement of section as it existed prior to 12-18-2001 emergency amendment by operation of Government Code section 11346.1(f) (Register 2002, No. 31).
7. Amendment filed 7-31-2002 as an emergency; operative 7-31-2002 (Register 2002, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-2-2002 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 7-31-2002 order transmitted to OAL 11-13-2002 and filed 12-5-2002 (Register 2002, No. 49).
§30952. Change of Designated Beneficiary.
Note • History
(a) Change of Designated Beneficiary. An account owner (other than a custodial account owner) may change the designated beneficiary designated for the account at any time by submitting a written request to the program administrator's designee. The written request shall contain a certification by the account owner that the newly designated beneficiary is a member of the family of the current designated beneficiary (unless the account owner is a state or local government agency or an entity described in Section 501(c)(3) of the Internal Revenue Code and identified in Section 30959(a)(2) in which case the account owner must certify that the newly designated beneficiary is not a member of the family of the current designated beneficiary). The written request shall also contain a dated original signature of an individual account owner or the dated original signature of the authorized signer for an entity account owner. An entity account owner shall also attach to the written request substantiation that the entity account owner authorizes the change of beneficiary and that the signer of the written request is authorized to conduct the transaction.
(b) Change of Designated Beneficiary Through Rollover Distribution. A change of designated beneficiary may also be accomplished by means of a rollover distribution by an account owner (other than a custodial account owner).
NOTE
Authority cited: Sections 69981(d) and 69982(h), Education Code. Reference: Sections 69980, 69983(e) and (f), Education Code; and Sections 529(b)(7), (c)(3)(C) and (e)(2), Internal Revenue Code.
HISTORY
1. New section filed 6-3-99 as an emergency pursuant to Education Code 69993.5; operative 6-28-99 (Register 99, No. 23). A Certificate of Compliance must be transmitted to OAL by 2-23-2000 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-30-99 as an emergency pursuant to Education Code section 69993.5; operative 12-26-99 (Register 99, No. 53). A Certificate of Compliance must be transmitted to OAL by 4-24-2000 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-30-99 order transmitted to OAL 4-21-2000 and filed 6-1-2000 (Register 2000, No. 22).
4. Amendment filed 12-26-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 52). A Certificate of Compliance must be transmitted to OAL by 7-2-2001 pursuant to Education Code section 6993.5 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-26-2000 order transmitted to OAL 5-22-2001 and filed 7-5-2001 (Register 2001, No. 27).
6. Amendment of section heading, section and Note filed 12-18-2001 as an emergency; operative 1-1-2002 (Register 2001, No. 51). Pursuant to Education Code section 69993.5, a Certificate of Compliance must be transmitted to OAL by 7-1-2002 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 6 (Register 2002, No. 21).
8. Editorial correction of History 6 (Register 2002, No. 31).
9. Reinstatement of section as it existed prior to 12-18-2001 emergency amendment by operation of Government Code section 11346.1(f) (Register 2002, No. 31).
10. Amendment of section heading, section and Note filed 7-31-2002 as an emergency; operative 7-31-2002 (Register 2002, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-2-2002 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 7-31-2002 order transmitted to OAL 11-13-2002 and filed 12-5-2002 (Register 2002, No. 49).
§30953. Application of Cancellation Penalty and Limitation of Contributions.
Note • History
(a) Excess Contribution. The program administrator or his or her designee shall warn account owners against excess contributions.
(b) Return of Excess Contributions. Contributions for any designated beneficiary shall be rejected and returned to the extent that the amount of the contribution would cause the aggregate amount held for that beneficiary to exceed the applicable maximum account balance limit, as determined in accordance with Section 529 of the Internal Revenue Code. Accounts that have reached the maximum account balance limit may continue to accrue earnings.
NOTE
Authority cited: Sections 69981(d) and 69982(h), Education Code. Reference: Sections 69981(d), 69982(j), 69983(g), 69985 and 69986(b), (d) and (e), Education Code; Sections 3900-3925, Probate Code; and Sections 529(b)(3) and (7), Internal Revenue Code.
HISTORY
1. New section filed 6-3-99 as an emergency pursuant to Education Code 69993.5; operative 6-28-99 (Register 99, No. 23). A Certificate of Compliance must be transmitted to OAL by 2-23-2000 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-30-99 as an emergency pursuant to Education Code section 69993.5, including amendment of subsection (b); operative 12-26-99 (Register 99, No. 53). A Certificate of Compliance must be transmitted to OAL by 4-24-2000 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-30-99 order, including amendment of subsections (a) and (c), transmitted to OAL 4-21-2000 and filed 6-1-2000 (Register 2000, No. 22).
4. Amendment of section and Note filed 12-26-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 52). A Certificate of Compliance must be transmitted to OAL by 7-2-2001 pursuant to Education Code section 6993.5 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-26-2000 order transmitted to OAL 5-22-2001 and filed 7-5-2001 (Register 2001, No. 27).
6. Amendment of section heading, section and Note filed 12-18-2001 as an emergency; operative 1-1-2002 (Register 2001, No. 51). Pursuant to Education Code section 69993.5, a Certificate of Compliance must be transmitted to OAL by 7-1-2002 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 6 (Register 2002, No. 21).
8. Editorial correction of History 6 (Register 2002, No. 31).
9. Reinstatement of section as it existed prior to 12-18-2001 emergency amendment by operation of Government Code section 11346.1(f) (Register 2002, No. 31).
10. Amendment of section heading, section and Note filed 7-31-2002 as an emergency; operative 7-31-2002 (Register 2002, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-2-2002 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 7-31-2002 order transmitted to OAL 11-13-2002 and filed 12-5-2002 (Register 2002, No. 49).
12. Repealer of subsection (a), subsection relettering and amendment of newly designated subsection (b) filed 12-1-2003; operative 1-1-2004 (Register 2003, No. 49).
Note • History
(a) Generally. An account owner may request a distribution by submitting a written request to the program administrator's designee.
(b) Distributions Requested By Custodial Account Owners. A custodial account owner must provide with the written request for any distribution under this Section a certification that the account owner is the custodian of the account and (except with respect to a qualified distribution or a distribution due to the death of the designated beneficiary) that the distribution is authorized under the California Uniform Transfers to Minors Act and is necessary for the welfare of the designated beneficiary.
(c) Distributions Requested By Entity Account Owners. An entity account owner must provide with the written request for any distributions under this Section substantiation that the distribution is authorized by the entity account owner and that the signer of the request is authorized to conduct the transaction.
(d) Non-qualified Distribution. An account owner may request a non-qualified distribution by submitting a written request to the program administrator's designee. The program administrator or his or her designee shall pay the amount of the requested non-qualified distribution to the account owner.
(e) Distributions Due to Death, Disability or Scholarship of Designated Beneficiary. An account owner may request a distribution due to the death or disability of, or scholarship awarded to the designated beneficiary by submitting a written request to the program administrator's designee.
(f) Thirty (30) Day Waiting Period. No distributions can be made within thirty (30) days of receipt by the program administrator's designee of a written request to change the account owner or a request to change the mailing address of the account owner, unless the current account owner's signature is signature guaranteed on the request.
NOTE
Authority cited: Sections 69981(d) and 69982(h), Education Code. Reference: Sections 69983(a), 69985(b) and (c) and 69986(b), Education Code; Section 3914, Probate Code; and Section 529(e)(2)(B), Internal Revenue Code.
HISTORY
1. New section filed 6-3-99 as an emergency pursuant to Education Code 69993.5; operative 6-28-99 (Register 99, No. 23). A Certificate of Compliance must be transmitted to OAL by 2-23-2000 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-30-99 as an emergency pursuant to Education Code section 69993.5, including amendment of subsections (c)(2)(B)-(C); operative 12-26-99 (Register 99, No. 53). A Certificate of Compliance must be transmitted to OAL by 4-24-2000 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-30-99 order, including amendment of subsections (b), (c)(2)(B) and (d), transmitted to OAL 4-21-2000 and filed 6-1-2000 (Register 2000, No. 22).
4. Amendment of section and Note filed 12-26-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 52). A Certificate of Compliance must be transmitted to OAL by 7-2-2001 pursuant to Education Code section 6993.5 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-26-2000 order transmitted to OAL 5-22-2001 and filed 7-5-2001 (Register 2001, No. 27).
6. Amendment of subsections (d) and (e) and repealer of subsections (e)(1)-(e)(2)(C) filed 12-18-2001 as an emergency; operative 1-1-2002 (Register 2001, No. 51). Pursuant to Education Code section 69993.5, a Certificate of Compliance must be transmitted to OAL by 7-1-2002 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 6 (Register 2002, No. 21).
8. Editorial correction of History 6 (Register 2002, No. 31).
9. Reinstatement of section as it existed prior to 12-18-2001 emergency amendment by operation of Government Code section 11346.1(f) (Register 2002, No. 31).
10. Amendment of subsections (d) and (e) and repealer of subsections (e)(1)-(e)(2)(C) filed 7-31-2002 as an emergency; operative 7-31-2002 (Register 2002, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-2-2002 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 7-31-2002 order transmitted to OAL 11-13-2002 and filed 12-5-2002 (Register 2002, No. 49).
12. Amendment of subsection (d) filed 12-1-2003; operative 1-1-2004 (Register 2003, No. 49).
§30955. Change of Account Ownership.
Note • History
(a) Change of Account Ownership by Individual Account Owner. An individual account owner may transfer ownership of an account to another eligible account owner at any time. The change of ownership shall be effective if the transfer is (1) irrevocable; (2) transfers all ownership, reversionary rights, and powers of appointments (i.e., power to change designated beneficiaries and to direct distributions from the account); and (3) is submitted to the program administrator's designee in writing.
(b) Change of Account Ownership by Entity Account Owner. An entity account owner may transfer ownership of an account to another eligible account owner at any time by submitting a written request to the program administrator's designee with substantiation that the change of ownership is authorized by the entity and that the signer of the request is authorized to conduct the transaction. The change of ownership shall not be effective until the successor account owner has submitted a completed and signed participation agreement to the program administrator's designee.
(c) Change of Account Ownership by Custodial Account Owner Prohibited. A custodial account owner is not permitted to transfer ownership of a custodial account.
(d) Contingent Account Owner. An individual account owner (but not an entity or custodial account owner) may designate another individual as a contingent account owner to become the owner of the account automatically upon the death of the individual account owner by submitting a written request to the program administrator's designee. The contingent account owner designation may be revoked by the individual account owner at any time by submitting to the program administrator another written request that either designates a new contingent account owner or revokes all previous designation(s) of a contingent account owner. Upon the death of the individual account owner who has in effect a designation of a contingent account owner, the assets of the account shall not be deemed assets of the estate of such deceased account owner for any purpose. The change of ownership shall not be effective until the successor account owner has submitted to the program administrator's designee a certified copy of a death certificate sufficiently identifying the deceased by name and Social Security number, or such other proof of death as is recognized under applicable law and is acceptable to the program administrator, and a completed participation agreement signed by the successor account owner.
(e) Court Order. A change in owner of an account may be effected by submitting to the program administrator's designee a written request that is not signed by the account owner of record if the change of account ownership is accompanied by a court order directing the change of ownership or by an affidavit or declaration that is recognized under applicable law to require the transfer of ownership upon death without a court order. The program administrator's designee shall not implement a change in ownership (other than a change in ownership described in paragraph (d) of this Section) without first receiving a written request signed by the account owner of record, a court order, or an affidavit or declaration as herein described. The successor account owner must submit a completed and signed participation agreement to the program administrator's designee.
NOTE
Authority cited: Sections 69981(d), 69982(h) and 69993.5, Education Code. Reference: Section 69986(h), Education Code.
HISTORY
1. New section filed 6-3-99 as an emergency pursuant to Education Code 69993.5; operative 6-28-99 (Register 99, No. 23). A Certificate of Compliance must be transmitted to OAL by 2-23-2000 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-30-99 as an emergency pursuant to Education Code section 69993.5, including new subsections (b) and (c) and amendment of Note; operative 12-26-99 (Register 99, No. 53). A Certificate of Compliance must be transmitted to OAL by 4-24-2000 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-30-99 order, including amendment of section, transmitted to OAL 4-21-2000 and filed 6-1-2000 (Register 2000, No. 22).
4. Amendment filed 12-26-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 52). A Certificate of Compliance must be transmitted to OAL by 7-2-2001 pursuant to Education Code section 6993.5 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-26-2000 order, including further amendment of subsection (d), transmitted to OAL 5-22-2001 and filed 7-5-2001 (Register 2001, No. 27).
6. Amendment of subsection (a) filed 12-18-2001 as an emergency; operative 1-1-2002 (Register 2001, No. 51). Pursuant to Education Code section 69993.5, a Certificate of Compliance must be transmitted to OAL by 7-1-2002 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 6 (Register 2002, No. 21).
8. Editorial correction of History 6 (Register 2002, No. 31).
9. Reinstatement of section as it existed prior to 12-18-2001 emergency amendment by operation of Government Code section 11346.1(f) (Register 2002, No. 31).
10. Amendment of subsection (a) filed 7-31-2002 as an emergency; operative 7-31-2002 (Register 2002, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-2-2002 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 7-31-2002 order transmitted to OAL 11-13-2002 and filed 12-5-2002 (Register 2002, No. 49).
Note • History
(a) Annual Report. The account owner shall be mailed an annual report on or before March 1st of each year following the calendar year in which the account was initially opened.
(b) Account Information for Distributee. A distributee shall be mailed a statement of earnings, on or before January 31st of the year following the calendar year in which the distribution was made.
(c) Demographic Information. The program administrator or his or her designee may request, gather, and maintain demographic information regarding account owners and designated beneficiaries in the Scholarshare program, such as gender, ethnicity, geographic location, language, and general income level, in order to improve the administration of, and services provided by, the Scholarshare trust program. Such information may be voluntarily provided by the account owner in a manner approved by the program administrator.
(d) Information Security. Any information compiled pursuant to this Section shall be maintained by the Board and protected consistent with the requirements of the Information Practices Act of 1977. (Civil Code Section 1798, et seq.)
NOTE
Authority cited: Sections 69981(d) and 69982(h), Education Code. Reference: Sections 69982(a)-(j), 69990(c)(1) and 69994, Education Code.
HISTORY
1. New section filed 6-3-99 as an emergency pursuant to Education Code 69993.5; operative 6-28-99 (Register 99, No. 23). A Certificate of Compliance must be transmitted to OAL by 2-23-2000 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-30-99 as an emergency pursuant to Education Code section 69993.5, including amendment of subsections (c) and (d); operative 12-26-99 (Register 99, No. 53). A Certificate of Compliance must be transmitted to OAL by 4-24-2000 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-30-99 order, including amendment of subsections (c)(1) and (e), transmitted to OAL 4-21-2000 and filed 6-1-2000 (Register 2000, No. 22).
4. Amendment of subsections (c), (d) and (e) filed 12-26-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 52). A Certificate of Compliance must be transmitted to OAL by 7-2-2001 pursuant to Education Code section 6993.5 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-26-2000 order transmitted to OAL 5-22-2001 and filed 7-5-2001 (Register 2001, No. 27).
6. Repealer of subsections (c)-(c)(3), subsection relettering and amendment of newly designated subsection (d) filed 12-18-2001 as an emergency; operative 1-1-2002 (Register 2001, No. 51). Pursuant to Education Code section 69993.5, a Certificate of Compliance must be transmitted to OAL by 7-1-2002 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 6 (Register 2002, No. 21).
8. Editorial correction of History 6 (Register 2002, No. 31).
9. Reinstatement of section as it existed prior to 12-18-2001 emergency amendment by operation of Government Code section 11346.1(f) (Register 2002, No. 31).
10. Repealer of subsections (c)-(c)(3), subsection relettering and amendment of newly designated subsection (d) filed 7-31-2002 as an emergency; operative 7-31-2002 (Register 2002, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-2-2002 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 7-31-2002 order transmitted to OAL 11-13-2002 and filed 12-5-2002 (Register 2002, No. 49).
Note • History
(a) Optional Pre-Arbitration Procedure. In the event a controversy or claim arises out of or relates to a participation agreement, the account owner or designated beneficiary may elect to discuss the matter informally with the program administrator or his or her designee. If the dispute is not resolved to the satisfaction of the account owner or designated beneficiary, the account owner or designated beneficiary may send a letter explaining the dispute to the Executive Director of the ScholarShare Investment Board. The Executive Director or his or her designee shall meet in person or by telephone with the account owner or designated beneficiary within ten (10) working days of receipt of the letter from the account owner or designated beneficiary or such longer period as may be mutually acceptable, and the Executive Director or his or her designee shall mail a written decision, and the reasons therefor, to the account owner or designated beneficiary within twenty (20) working days of the meeting. The procedure set forth in this paragraph is not a substitute for mandatory arbitration, which is required by paragraph (b) below. The procedure set forth in this paragraph is an informal process that may resolve controversies and claims and make arbitration unnecessary.
(b) Arbitration Mandatory. Any controversy or claim arising out of or relating to any participation agreement, or the breach, termination or validity thereof, shall be settled by arbitration administered by the American Arbitration Association, and judgement on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
(c) Arbitration Clause and Disclosure. Every participation agreement shall include the following arbitration clause and disclosure language. The arbitration clause and the disclosure language shall be underlined or printed in bold face type.
Any controversy or claim arising out of or relating to this participation agreement, or the breach, termination or validity thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The foregoing is a predispute arbitration clause. By signing an arbitration agreement, the parties agree as follows:
(1) All parties to this agreement are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the American Arbitration Association.
(2) Arbitration awards are generally final and binding; a party's ability to have a court reverse or modify an arbitration award is limited.
(3) The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings.
(4) The arbitrators do not have to explain the reason(s) for their award.
(5) The rules of the American Arbitration Association may impose time limits for bringing a claim in arbitration.
(d) Predispute Arbitration Clause Disclosure. Immediately preceding the signature line on the participation agreement there shall be a statement, which shall be highlighted, that the agreement contains a predispute arbitration clause. The statement shall also indicate at what page and paragraph the arbitration clause is located.
(e) Copy of Agreement to Account Owner. Upon request by an account owner, the program administrator or his or her designee shall provide the account owner with a copy of the participation agreement executed by the account owner, within ten (10) business days of receipt of the account owner's request.
(f) Information Upon Request. Upon request by an account owner, the program administrator or his or her designee shall provide the account owner with information on how to contact or obtain the rules of the American Arbitration Association.
NOTE
Authority cited: Sections 69981(d) and 69982(h), Education Code. Reference: Sections 69981(c) and 69990(d), Education Code.
HISTORY
1. New section filed 6-3-99 as an emergency pursuant to Education Code 69993.5; operative 6-28-99 (Register 99, No. 23). A Certificate of Compliance must be transmitted to OAL by 2-23-2000 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-30-99 as an emergency pursuant to Education Code section 69993.5, including amendment of subsection (c)(2); operative 12-26-99 (Register 99, No. 53). A Certificate of Compliance must be transmitted to OAL by 4-24-2000 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-30-99 order, including amendment of subsection (a), transmitted to OAL 4-21-2000 and filed 6-1-2000 (Register 2000, No. 22).
4. Amendment of subsection (a) filed 12-18-2001 as an emergency; operative 1-1-2002 (Register 2001, No. 51). Pursuant to Education Code section 69993.5, a Certificate of Compliance must be transmitted to OAL by 7-1-2002 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction of History 4 (Register 2002, No. 21).
6. Editorial correction of History 4 (Register 2002, No. 31).
7. Reinstatement of section as it existed prior to 12-18-2001 emergency amendment by operation of Government Code section 11346.1(f) (Register 2002, No. 31).
8. Amendment of subsection (a) filed 7-31-2002 as an emergency; operative 7-31-2002 (Register 2002, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-2-2002 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 7-31-2002 order transmitted to OAL 11-13-2002 and filed 12-5-2002 (Register 2002, No. 49).
§30958. Rollover Distributions.
Note • History
(a) Rollover Distribution From Another Qualified Tuition Program. An account owner (other than a custodial account owner) may make a rollover distribution at any time from another qualified tuition program to an account, either owned by the same or a different account owner, by submitting a written request to the program administrator's designee and by complying with applicable federal and state law governing this transaction. The rollover distribution shall be effective provided that the transfer of funds does not cause the aggregate amount of contributions held for the new designated beneficiary to exceed the maximum account balance limit applicable to that beneficiary.
(b) Rollover of Account Funds Methods. A rollover of account funds from another qualified tuition program shall be effective through a direct transfer of funds from the other qualified tuition program to an account, or as a deposit of the funds by the account owner into an account within 60 days of withdrawal of the funds from the other qualified tuition program. Both the direct transfer of funds and the deposit of funds by the account owner must be accompanied by a written statement from the other qualified tuition program that identifies the portion of the amount directly transferred, or deposited, that represents contributions and the portion of the amount that represents earnings.
(c) Limitation of Rollover of Account Funds to Savings Program. A rollover distribution from another qualified tuition program shall not be accepted unless the funds are transferred from a tuition savings account as defined in Section 529(b)(1)(A)(ii) of the Internal Revenue Code.
(d) Transfer of Account Funds as Rollover Distribution. An account owner (other than a custodial account owner) may transfer funds from an account to another account either owned by the same or a different account owner at any time by submitting a written request to the program administrator's designee. The transfer of account funds shall be effective provided that: (1) the funds are transferred to an account for a new designated beneficiary who is a member of the family of the designated beneficiary of the account from which the funds are being transferred and the account owner so certifies in the written request (unless the entity making the rollover distribution is a state or local government agency or an entity described in Section 501(c)(3) of the Internal Revenue Code and identified in Section 30959(a)(2) in which case the account owner must certify that the newly designated beneficiary is not a member of the family of the current beneficiary); and (2) the transfer of funds does not cause the aggregate amount of contributions held for the new designated beneficiary to exceed the maximum account balance limit applicable to that beneficiary.
(e) Execution of New Participation Agreement. Any rollover distribution that is intended to transfer funds to a new account not yet established under the Act shall not be effective until the account owner who is to receive the transferred funds has submitted to the program administrator's designee a completed and signed participation agreement for the new account and the account has been established.
(f) Rollover Distribution to Another Qualified State Tuition Program. An account owner (other than a custodial account owner) may make a rollover distribution at any time from an account to another qualified tuition program by submitting a written request to the program administrator's designee and by complying with applicable federal and state law governing this transaction.
(1) The program administrator's designee shall treat the rollover distribution as a non-qualified distribution unless the program administrator's designee receives confirmation that the amount of the distribution has been deposited in another qualified tuition program within sixty (60) days of distribution from the account.
(g) Rollover Distributions Requested By Entity Account Owners. An entity account owner must provide with the written request for a rollover distribution substantiation that the rollover distribution is authorized by the entity and that the signer of the written request is authorized to conduct the transaction.
NOTE
Authority cited: Sections 69981(d) and 69982(h), Education Code. Reference: Sections 69982(j)(1), 69983(f) and 69986(h), Education Code; Section 24306(c)(4)(A) and (B) Revenue and Taxation Code; and Sections 152(a), 529(b)(1)(A)(ii) and (c)(3)(C), Internal Revenue Code.
HISTORY
1. New section filed 12-30-99 as an emergency pursuant to Education Code section 69993.5; operative 12-26-99 (Register 99, No. 53). A Certificate of Compliance must be transmitted to OAL by 4-24-2000 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-30-99 order, including amendment of subsections (a) and (d), transmitted to OAL 4-21-2000 and filed 6-1-2000 (Register 2000, No. 22).
3. Amendment of section and Note filed 12-26-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 52). A Certificate of Compliance must be transmitted to OAL by 7-2-2001 pursuant to Education Code section 6993.5 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-26-2000 order transmitted to OAL 5-22-2001 and filed 7-5-2001 (Register 2001, No. 27).
5. Amendment filed 12-18-2001 as an emergency; operative 1-1-2002 (Register 2001, No. 51). Pursuant to Education Code section 69993.5, a Certificate of Compliance must be transmitted to OAL by 7-1-2002 or emergency language will be repealed by operation of law on the following day.
6. Editorial correction of History 5 (Register 2002, No. 21).
7. Editorial correction of History 5 (Register 2002, No. 31).
8. Reinstatement of section as it existed prior to 12-18-2001 emergency amendment by operation of Government Code section 11346.1(f) (Register 2002, No. 31).
9. Amendment filed 7-31-2002 as an emergency; operative 7-31-2002 (Register 2002, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-2-2002 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 7-31-2002 order transmitted to OAL 11-13-2002 and filed 12-5-2002 (Register 2002, No. 49).
11. Amendment of subsections (a) and (d) filed 12-1-2003; operative 1-1-2004 (Register 2003, No. 49).
§30959. Qualified Scholarship Accounts.
Note • History
(a) Opening Qualified Scholarship Accounts. A qualified scholarship account may be opened by any of the following entities:
(1) a state or local government agency or an entity described in Section 501(c)(3) of the Internal Revenue Code that has opened the qualified scholarship account as part of a scholarship program for the benefit of beneficiaries to be named when the scholarships are awarded; or
(2) any entity identified in Section 30951(b) that has opened the qualified scholarship account for the benefit of a named beneficiary.
(b) Participation Agreement. To open a qualified scholarship account, an entity account owner must submit a completed and signed participation agreement with either an initial contribution or a selection of electronic funds transfer, automatic contribution plan, or rollover distribution as the method of initial contribution to the program administrator's designee.
(c) Change of Beneficiary for Qualified Scholarship Account. An entity identified in paragraph (a)(2) of this Section, except a state or local government agency or an entity described in Section 501(c)(3) of the Internal Revenue Code, is not permitted to change the beneficiary of the qualified scholarship account. A state or local government agency or an entity described in Section 501(c)(3) of the Internal Revenue Code and identified in Section 30959(a)(2) may change the beneficiary of a qualified scholarship account at any time by submitting a written request to the program administrator's designee.
(d) Rollover Distributions for Qualified Scholarship Account. An entity identified in paragraph (a)(2) of this Section, except for a state or local government agency or an entity described in Section 501(c)(3) of the Internal Revenue Code, is not permitted to make a rollover distribution. A state or local government agency or an entity described in Section 501(c)(3) of the Internal Revenue Code and identified in Section 30959(a)(2) may make any rollover distribution set forth in Section 30958 at any time by submitting a written request to the program administrator's designee with substantiation that the rollover distribution is authorized by the entity account owner and that the signer of the request is authorized to conduct the transaction, and by complying with applicable federal and state law. The written request for a rollover distribution must contain a certification that the newly designated beneficiary is not a member of the family of the previous beneficiary.
(e) Qualified Scholarship Account Distribution. A qualified scholarship account distribution may be taken at any time by an entity identified in paragraph (a) of this Section by submitting a written request to the program administrator's designee with substantiation that the qualified scholarship account distribution is authorized by the entity account owner and that the signer of the request is authorized to conduct the transaction. A qualified scholarship account distribution must be paid directly to an eligible educational institution.
NOTE
Authority cited: Sections 69981(d) and 69982(h), Education Code. Reference: Sections 69982(j)(1), 69983(f), 69986(h); and Sections 117(b) and 529, Internal Revenue Code.
HISTORY
1. New section filed 12-26-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 52). A Certificate of Compliance must be transmitted to OAL by 7-2-2001 pursuant to Education Code section 6993.5 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-26-2000 order, including amendment of subsection (d), transmitted to OAL 5-22-2001 and filed 7-5-2001 (Register 2001, No. 27).
3. Amendment of subsections (b)-(c) filed 12-18-2001 as an emergency; operative 1-1-2002 (Register 2001, No. 51). Pursuant to Education Code section 69993.5, a Certificate of Compliance must be transmitted to OAL by 7-1-2002 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction of History 3 (Register 2002, No. 21).
5. Editorial correction of History 3 (Register 2002, No. 31).
6. Reinstatement of section as it existed prior to 12-18-2001 emergency amendment by operation of Government Code section 11346.1(f) (Register 2002, No. 31).
7. Amendment of subsections (b)-(c) filed 7-31-2002 as an emergency; operative 7-31-2002 (Register 2002, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-2-2002 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 7-31-2002 order transmitted to OAL 11-13-2002 and filed 12-5-2002 (Register 2002, No. 49).
9. Repealer of subsection (d) and subsection relettering filed 12-1-2003; operative 1-1-2004 (Register 2003, No. 49).
Chapter 1.5. California Scholarshare Advancement Vehicle for Education Program
§30960. Definitions Applicable to CalSAVE Program.
Note • History
(a) Existing Definitions: The following term is defined in Section 69980 of the Education Code: Board.
The following terms, as used in these regulations, are defined in the Internal Revenue Code Section 529 of 1986, under Title 26: Qualified Higher Education Expenses, Eligible Educational Institution, Designated Beneficiary.
The following term is defined in California Education Code sections 68000-68084, 68120-68134, and 89705-89707.5, and California Code of Regulations, Title 5, sections 41900-41916: California Residency.
(b) Additional Definitions. The following definitions shall also apply to the CalSAVE Program:
Beneficiary Group -- shall refer to a specific group of students deemed eligible by the Board to receive CalSAVE Scholarships for whom a Subaccount within the CalSAVE Account has been created, as defined in Education Code section 69981(d)(1).
CalSAVE -- shall refer to the California Scholarshare Advancement Vehicle for Education program of 2008 (Senate Bill 1457) as defined in Education Code section 69981(d).
CalSAVE Account -- shall refer to the account as defined in Education Code section 69981(d)(2).
CalSAVE Scholarship -- shall refer to monies distributed from the CalSAVE Account by the Board to Beneficiary Groups.
Cash -- shall include but not be limited to checks (except for travelers checks, third-party checks exceeding $10,000, money orders, or cashier's checks), and electronic funds transfers.
Donor -- shall refer to individuals or groups who make cash contributions to the CalSAVE account as defined in Education Code section 69981(d)(2).
Eligibility Criteria -- shall refer to the criteria developed and utilized by the Board to determine Student eligibility for a CalSAVE Scholarship.
Eligible Partner -- shall refer to a private or public organization that the Board elects to contract with to disburse CalSAVE Scholarships. Eligible Partners may include, but are not limited to, higher education institutions, public entities, private entities, organizations, agencies, non-profits, and community based organizations.
Subaccount -- shall refer to an individual account created within the CalSAVE Account for a specific Beneficiary Group as referenced in Education Code section 69981(d)(2).
Student -- shall refer to a student potentially eligible to receive a CalSAVE Scholarship.
Voluntary Contribution -- shall refer to all cash contributed to the CalSAVE Account or Subaccounts by individuals and groups as defined in Education Code section 69981(d)(2).
NOTE
Authority cited: Sections 69980 and 69982, Education Code. Reference: Section 69981, Education Code.
HISTORY
1. New chapter 1.5 (sections 30960-30964) and section filed 8-30-2010; operative 9-29-2010 (Register 2010, No. 36).
Note • History
(a) Cash contributions. All Voluntary Contributions to the CalSAVE Account or Subaccounts must be in cash. The minimum sum for all individual Voluntary Contributions is $1.
(b) Non-designated contributions. All Voluntary Contributions not designated by the Donor for a specific Subaccount will be designated for distribution to a Subaccount by the Board.
NOTE
Authority cited: Section 69982, Education Code. Reference: Section 69981, Education Code.
HISTORY
1. New section filed 8-30-2010; operative 9-29-2010 (Register 2010, No. 36).
§30962. Scholarship Eligibility.
Note • History
(a) Student eligibility. CalSAVE Scholarships shall be awarded to Students pursuant to the following Eligibility Criteria: 1) established California Residency, 2) eligibility to receive federal financial aid as defined in Title 34 of the Code of Federal Regulations, and 3) enrollment or demonstrated intent to enroll in a California post-secondary institution eligible to deliver federal financial aid as defined in Title 34 of the Code of Federal Regulations. Students currently enrolled in higher education must demonstrate satisfactory academic progress as defined in Title 34 of the Code of Federal Regulations.
(b) Identifying eligible Students. The Board will work in cooperation with, but not limited to, Eligible Partners, representative entities, organizations, agencies, non-profits, and/or stakeholders on behalf of a specific Beneficiary Group to identify Students eligible to receive CalSAVE Scholarships.
(c) Term of eligibility. A Student shall be eligible for no more than one CalSAVE Scholarship through any individual Subaccount of the CalSAVE program, notwithstanding:
(1) the Board reserves the right to make a determination of eligibility for Students who meet the Eligibility Criteria for more than one Subaccount, and
(2) Students identified as being eligible to receive a CalSAVE Scholarship for which there are insufficient funds to provide for, shall retain their eligibility for consideration when funds do become available for additional awarding at the Board's discretion.
NOTE
Authority cited: Sections 69981 and 69982, Education Code. Reference: Section 69981, Education Code.
HISTORY
1. New section filed 8-30-2010; operative 9-29-2010 (Register 2010, No. 36).
Note • History
(a) Criteria. The Board shall contract with an Eligible Partner to facilitate the delivery of scholarships. The Board will utilize the following criteria to select an Eligible Partner to provide services for the CalSAVE program, based upon an organization's ability to provide the following services: 1) identify and access eligible students within the selected beneficiary group, 2) effectively disburse or facilitate disbursement, and administer delivery of Scholarships as accounts as defined in California Code of Regulations section 30905(b), 3) facilitate access to, or directly provide Students with, the comprehensive support necessary to complete their higher education goals, including but not limited to academic support, financial counseling and assistance, career counseling, residential assistance, material supplies, health services, and transportation services.
(b) Partner contracting. The Board reserves the right to make and enter into contracts and/or agreements with Eligible Partners for the disbursement of CalSAVE Scholarships and other necessary services as authorized in Education Code 69982(b).
NOTE
Authority cited: Sections 69981 and 69982, Education Code. Reference: Section 69981, Education Code.
HISTORY
1. New section filed 8-30-2010; operative 9-29-2010 (Register 2010, No. 36).
§30964. Scholarship Disbursement.
Note • History
(a) Disbursement. CalSAVE Scholarships shall be disbursed in accordance with this program in the form of Accounts as defined in California Code of Regulations section 30950(b). CalSAVE Scholarships shall be disbursed by the Board or Eligible Partners to identified Students as follows:
(1) CalSAVE Scholarships will be disbursed directly to each identified Student of a Beneficiary Group, or
(2) The Board will contract with an Eligible Partner to disburse Scholarships to identified eligible Students of a Beneficiary Group.
(b) Unused CalSAVE Scholarships. All unused CalSAVE Scholarships not disbursed to eligible Students shall revert to the originating Subaccount for reallocation upon identification of additional eligible Students.
NOTE
Authority cited: Sections 69981 and 69982, Education Code. Reference: Section 69981, Education Code.
HISTORY
1. New section filed 8-30-2010; operative 9-29-2010 (Register 2010, No. 36).
Chapter 2. Governor's Scholarship Programs
§31000. Definitions Applicable to Governor's Scholarship Programs.
Note • History
(a) Definitions. The following definitions shall apply within this Chapter:
(1) Account means the formal record of transactions consistent with Section 529 of the Internal Revenue Code.
(2) Account owner means the State of California acting pursuant to Education Code Section 69995, et seq. as owner of qualified scholarship accounts for award recipients.
(3) Award notification letter means the letter delivered to a pupil through his or her school which provides: (1) notice of and instructions for claiming a Governor's Scholars Award; (2) identification of an Internet site to use to claim the award; and (3) a unique identifying number to the pupil.
(4) Award recipient means a pupil who has been identified as the recipient of a scholarship award defined in Education Code Section 69997 or 69998 and who has successfully claimed at least one scholarship award.
(5) Claim means the submission of information by a pupil or award recipient in accordance with Section 31001 of this Chapter, to establish his or her identity as the recipient of a scholarship award.
(6) Pupil means a student who has been identified as the recipient of a scholarship award defined in Education Code Section 69997 who has not yet successfully claimed at least one such award.
(7) Qualified scholarship account means an account opened by the account owner for the benefit of award recipients in accordance with Sections 117 and 529 of the Internal Revenue Code.
(8) Qualified scholarship account distribution means a withdrawal from the qualified scholarship account in accordance with Sections 117 and 529 of the Internal Revenue Code and is referred to herein as a distribution.
(9) Scholarship award means either a Governor's Scholars award defined in Education Code Section 69997 or a Governor's Distinguished Mathematics and Science Scholars award defined in Education Code Section 69998.
(10) Scholarshare Investment Board's designee means the entity designated by the Scholarshare Investment Board to invest and manage funds on behalf of the account owner.
(b) A “written notification,” “written request” or “written confirmation” may include an electronic notification, electronic request or electronic confirmation containing an electronic signature that is acceptable under California or federal electronic signature laws.
NOTE
Authority cited: Sections 69981(d), 69996(d) and 69999, Education Code. Reference: Section 69995(c), Education Code; and Sections 529 and 117(b), Internal Revenue Code.
HISTORY
1. New chapter 2 (sections 31000-31007) and section filed 12-1-2000 as an emergency; operative 12-1-2000 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 11-30-2001 pursuant to Education Code section 69999 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-1-2000 order transmitted to OAL 11-30-2001 and filed 12-21-2001 (Register 2001, No. 51).
3. New subsection (b) filed 12-27-2001 as an emergency; operative 1-1-2002 (Register 2001, No. 52). Pursuant to Education Code section 69999, a Certificate of Compliance must be transmitted to OAL by 1-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction of History 3 (Register 2002, No. 21).
5. Certificate of Compliance as to 12-27-2001 order, including amendment of section, transmitted to OAL 12-18-2002 and filed 1-29-2003 (Register 2003, No. 5).
§31001. Claiming A Scholarship Award.
Note • History
(a) Each time a pupil is notified by an award notification letter of that pupil's eligibility for a Governor's Scholars award, or at the point at which an award recipient certifies that he or she has met the requirements for a Governor's Distinguished Mathematics and Science Award, the pupil or award recipient shall provide the Scholarshare Investment Board's designee with the following information to successfully claim the award:
(1) the pupil's name as it appears on the award notification letter;
(2) the pupil's birth date;
(3) the pupil's Social Security number or taxpayer identification number;
(4) the pupil's mailing address;
(5) a contact telephone number;
(6) the unique identifying number assigned to the pupil as set forth in the award notification letter for the Governor's Scholars Award;
(7) a designation of the type of scholarship award claimed by the pupil or award recipient as either a Governor's Scholars award or a Governor's Distinguished Mathematics and Science Scholars award;
(8) a certification by the pupil or award recipient that the pupil or award recipient was enrolled in a California public school for at least twelve (12) consecutive months immediately preceding the administration of the achievement test referred to in Education Code Section 69995(d)(1) that was used as the basis for the award(s); and a statement agreeing to provide school records evidencing such attendance if requested by the Scholarshare Investment Board; and
(9) a certification by the award recipient that if claiming a Governor's Distinguished Mathematics and Science Scholars Award, the award recipient has achieved the required scores, pursuant to Education Code Section 69998, on the Advanced Placement (AP) exam authorized by Education Code Section 52241, International Baccalaureate (IB) exam authorized by Education Code Section 52920 or, if applicable, the Golden State Exam (GSE) authorized by Education Code Section 60650.
(b) Upon receipt of a claim for a Governor's Scholars award that contains in a complete manner all of the information set forth in paragraph (a) of this Section, and if all provided information matches information received from the test publisher, the Scholarshare Investment Board's designee shall establish, within thirty (30) days of receipt of such claim, a qualified scholarship account for the award recipient and send a written confirmation to the award recipient.
(c) Upon receipt of a claim for a Governor's Distinguished Mathematics and Science award that contains in a complete manner all of the information set forth in paragraph (a) of this Section with the exception of the unique identifying number, and if the test score information provided by the test publisher matches the test score requirements specified in Sections 69997 and 69998 of Education Code or as modified by the Board of Education pursuant to Section 69998, the Scholarshare Investment Board's designee shall send a written confirmation to the award recipient within thirty (30) days.
(d) Any scholarship award subsequent to the award recipient's first scholarship award that is successfully claimed by the award recipient, shall be maintained by the Scholarshare Investment Board's designee in the same qualified scholarship account first established for the award recipient. The Scholarshare Investment Board's designee shall provide an annual statement of account activity and interest rate to each award recipient.
(e) If the pupil or award recipient provides information that conflicts with information provided by the State of California or the test publisher selected pursuant to Education Code Section 60642, the Scholarshare Investment Board's designee shall reject the claim and inform the pupil or award recipient that the claim cannot be processed. A pupil or award recipient whose claim is so rejected, may resubmit the claim for a scholarship award within the allowable time period specified in paragraph (h) by providing the missing or corrected information.
(f) If, after a qualified scholarship account is established for an award recipient, it is discovered that the information referred to in paragraph (a) of this section as provided by the award recipient contains an error or conflicts with information provided by the State of California or test publisher, the Scholarshare Investment Board or its designee shall require the award recipient to provide sufficient documentation to resolve the error or conflict. If the error or conflict cannot be resolved, the Scholarshare Investment Board may require the award(s) to be forfeited pursuant to Section 31005.
(g) The Scholarshare Investment Board or its designee shall verify the qualifying exam scores of each award recipient claiming a Governor's Distinguished Mathematics and Science Award through the respective publishers of the Advanced Placement exam, International Baccalaureate exam, and, if applicable, Golden State Exam. If the Scholarshare Investment Board's designee is unable to verify the award recipient's scores, the Scholarshare Investment Board's designee shall reject the claim and inform the award recipient that the claim cannot be processed. The award recipient whose claim is so rejected may appeal the rejection pursuant to section 31007. Such an appeal shall include a copy of the award recipient's official score report(s) from the test publisher that indicates a qualifying score.
(h) Each pupil who is eligible to claim a Governor's Scholarship Programs Award shall claim the award by June 30th following the five year anniversary of taking the achievement test referred to in Education Code Section 60640, which was used as the basis for that particular award, or lose eligibility for the award. Any funds not claimed by June 30th following the five year anniversary of taking the achievement test specified in Education Code Section 60640 shall revert to the General Fund.
NOTE
Authority cited: Sections 69981(d), 69996(d) and 69999, Education Code. Reference: Section 69997(b), Education Code.
HISTORY
1. New section filed 12-1-2000 as an emergency; operative 12-1-2000 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 11-30-2001 pursuant to Education Code section 69999 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-1-2000 order, including amendment of subsections (a)(4), (a)(7) and (b), transmitted to OAL 11-30-2001 and filed 12-21-2001 (Register 2001, No. 51).
3. New subsection (a)(5), subsection renumbering and amendment of subsections (c) and (f)-(h) filed 12-27-2001 as an emergency; operative 1-1-2002 (Register 2001, No. 52). Pursuant to Education Code section 69999, a Certificate of Compliance must be transmitted to OAL by 1-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction of History 3 (Register 2002, No. 21).
5. Editorial correction of subsection (g) (Register 2003, No. 5).
6. Certificate of Compliance as to 12-27-2001 order transmitted to OAL 12-18-2002 and filed 1-29-2003 (Register 2003, No. 5).
§31002. Ownership of Scholarship Award.
Note • History
(a) The account owner owns all scholarship awards and earnings thereon in qualified scholarship accounts until a qualified distribution is made.
(b) An award recipient's right to claim a scholarship award is not transferable to another individual. An award recipient's right to direct a distribution is not transferable to another individual.
NOTE
Authority cited: Sections 69981(d), 69996(d) and 69999, Education Code. Reference: Sections 69996(b) and 69996(c)(1), Education Code.
HISTORY
1. New section filed 12-1-2000 as an emergency; operative 12-1-2000 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 11-30-2001 pursuant to Education Code section 69999 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-1-2000 order transmitted to OAL 11-30-2001 and filed 12-21-2001 (Register 2001, No. 51).
§31003. Accuracy of Information Assumed.
Note • History
(a) Notwithstanding any other provision in this Chapter, the Scholarshare Investment Board's designee shall rely upon the accuracy of information provided by the pupil or award recipient under Section 31001(a) unless and until it receives actual notice to the contrary from the State of California, the College Board, the International Baccalaureate Program, the test publisher selected pursuant to Section 60642, or other credible source.
(b) Notwithstanding any other provision in this Chapter, the Scholarshare Investment Board and its designee shall rely upon the accuracy of test score information provided by the test publishers for examinations used as the basis for awards. If errors are identified with test score information, the test publisher shall provide corrections to the Scholarshare Investment Board and its designee. These corrections to the erroneous test score information shall be in the same electronic format as the original file.
NOTE
Authority cited: Sections 69981(d), 69996(d) and 69999, Education Code. Reference: Section 69996(d), Education Code.
HISTORY
1. New section filed 12-1-2000 as an emergency; operative 12-1-2000 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 11-30-2001 pursuant to Education Code section 69999 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-1-2000 order transmitted to OAL 11-30-2001 and filed 12-21-2001 (Register 2001, No. 51).
3. Redesignation of and amendment of former section as subsection (a) and new subsection (b) filed 12-27-2001 as an emergency; operative 1-1-2002 (Register 2001, No. 52). Pursuant to Education Code section 69999, a Certificate of Compliance must be transmitted to OAL by 1-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction of History 3 (Register 2002, No. 21).
5. Certificate of Compliance as to 12-27-2001 order transmitted to OAL 12-18-2002 and filed 1-29-2003 (Register 2003, No. 5).
§31004. Distribution of Award.
Note • History
(a) To request distribution of funds, an award recipient shall submit a written request that provides the following information:
(1) the award recipient's name as it appears on the annual account statement;
(2) the award recipient's account number;
(3) the award recipient's Social Security number or taxpayer identification number;
(4) the award recipient's mailing address;
(5) the name and address of the eligible educational institution;
(6) the academic year for which the distribution is intended;
(7) the amount of qualified higher education expenses to be paid out by the distribution;
(b) The Scholarshare Investment Board or its designee may require additional documentation prior to the distribution of funds.
(c) A separate written request must be submitted for each distribution.
(d) Distributions shall be made only to eligible educational institutions.
(e) Award recipients shall provide a certification that the distribution shall be used for qualified higher education expenses, that no other request has been submitted previously for payment of the referenced qualified higher education expenses and that any portion of the distribution that is refunded to the award recipient and not used for qualified higher education expenses shall be returned to the Scholarshare Investment Board's designee in the tax year in which the refund was received by the award recipient.
(f) Written requests for distributions shall be processed by the Scholarshare Investment Board's designee within thirty (30) days of receipt of the request or within thirty (30) days of receipt of additional documentation requested by the Scholarshare Investment Board or its designee.
NOTE
Authority cited: Sections 69981(d), 69996(d) and 69999, Education Code. Reference: Section 69996(a), Education Code; and Sections 529 and 117(b), Internal Revenue Code.
HISTORY
1. New section filed 12-1-2000 as an emergency; operative 12-1-2000 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 11-30-2001 pursuant to Education Code section 69999 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-1-2000 order, including amendment of section, transmitted to OAL 11-30-2001 and filed 12-21-2001 (Register 2001, No. 51).
3. Amendment of subsection (e) filed 12-27-2001 as an emergency; operative 1-1-2002 (Register 2001, No. 52). Pursuant to Education Code section 69999, a Certificate of Compliance must be transmitted to OAL by 1-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction of History 3 (Register 2002, No. 21).
5. Editorial correction of subsection (e) (Register 2003, No. 5).
6. Certificate of Compliance as to 12-27-2001 order transmitted to OAL 12-18-2002 and filed 1-29-2003 (Register 2003, No. 5).
§31005. Forfeiture of Scholarship Award.
Note • History
(a) The following disqualifying events, if not disproved, will result in forfeiture by the award recipient of the scholarship award:
(1) the award recipient provided false or misleading information in claiming the scholarship award;
(2) the award recipient was wrongly identified as receiving a scholarship award;
(3) one or more of the award recipient's test scores used as the basis for the scholarship award were invalidated; or
(4) the award recipient failed to provide the documentation referred to in paragraph (f) of Section 31001 of this Chapter
(b) The Scholarshare Investment Board shall provide the award recipient with written notice of the disqualifying event which, if not resolved, would result in forfeiture. The written notice shall inform the award recipient that he or she has thirty (30) days from receipt of the notice to resolve the disqualifying event before a final determination of forfeiture is made by the Executive Director of the Scholarshare Investment Board and that funds will not be distributed pending resolution of the disqualifying event. If the award recipient receives an unsatisfactory final determination, the award recipient may appeal the determination pursuant to section 31007(b). Such an appeal shall be submitted within thirty (30) days of receipt of the final determination.
(c) After a final determination of forfeiture has been issued and no appeal has been submitted or the Scholarshare Investment Board has upheld the final determination, the Scholarshare Investment Board shall direct its designee to withdraw the forfeited funds from the respective qualified scholarship account and deposit the funds into a forfeiture account within the Scholarshare Trust.
NOTE
Authority cited: Sections 69981(d), 69996(d) and 69999, Education Code. Reference: Sections 69995(d), 69996(d) and 69998, Education Code; and Sections 529 and 117(b), Internal Revenue Code.
HISTORY
1. New section filed 12-1-2000 as an emergency; operative 12-1-2000 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 11-30-2001 pursuant to Education Code section 69999 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-1-2000 order transmitted to OAL 11-30-2001 and filed 12-21-2001 (Register 2001, No. 51).
3. Amendment of subsections (b) and (c) filed 12-27-2001 as an emergency; operative 1-1-2002 (Register 2001, No. 52). Pursuant to Education Code section 69999, a Certificate of Compliance must be transmitted to OAL by 1-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction of History 3 (Register 2002, No. 21).
5. Certificate of Compliance as to 12-27-2001 order transmitted to OAL 12-18-2002 and filed 1-29-2003 (Register 2003, No. 5).
Note • History
(a) If the award recipient receives a refund of any part of the distribution from the eligible educational institution, the award recipient shall notify the Scholarshare Investment Board's designee in writing of such amount and either provide evidence showing that the refunded amount was used for qualified higher education expenses or shall return the amount of the refund not used for qualified higher education expenses to the Scholarshare Investment Board's designee. The Scholarshare Investment Board's designee shall deposit any returned refunded amounts into the award recipient's account within the Scholarshare Trust.
(b) If the eligible educational institution refunds any part of the award recipient's distribution to the Scholarshare Investment Board's designee, the Scholarshare Investment Board's designee shall deposit any returned refunded amounts into the award recipient's account within the Scholarshare Trust.
(c) If a refund from the eligible educational institution to the award recipient or to the Scholarshare Investment Board's designee is based on a final determination pursuant to Section 31005, the Scholarshare Investment Board's designee shall deposit any returned or refunded amounts into a forfeiture account within the Scholarshare Trust.
NOTE
Authority cited: Sections 69981(d), 69996(d) and 69999, Education Code. Reference: Section 69996(d), Education Code; Sections 529 and 117(b), Internal Revenue Code, and 26 Code of Federal Regulations Section 1.529-2(e)(4)(ii)(d).
HISTORY
1. New section filed 12-1-2000 as an emergency; operative 12-1-2000 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 11-30-2001 pursuant to Education Code section 69999 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-1-2000 order, including amendment of section, transmitted to OAL 11-30-2001 and filed 12-21-2001 (Register 2001, No. 51).
3. Redesignation of existing paragraphs as subsections (a)-(c) filed 12-27-2001 as an emergency; operative 1-1-2002 (Register 2001, No. 52). Pursuant to Education Code section 69999, a Certificate of Compliance must be transmitted to OAL by 1-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction of History 3 (Register 2002, No. 21).
5. Certificate of Compliance as to 12-27-2001 order transmitted to OAL 12-18-2002 and filed 1-29-2003 (Register 2003, No. 5).
Note • History
(a) In the event that a pupil wishes to appeal an adverse decision regarding the determination of his or her eligibility to claim an award, but excluding the scoring of exams, or if a controversy arises out of the administration of an award recipient's account, that pupil or award recipient may discuss the matter informally with the Scholarshare Investment Board staff or designee. If the dispute is not resolved, that pupil or award recipient may appeal the adverse decision. Such an appeal shall be in writing, be mailed to the Scholarshare Investment Board, and shall include a signed and dated letter explaining the dispute and appropriate documentation to support the pupil's position. The Scholarshare Investment Board will mail a written decision including the reason for the decision within thirty (30) days unless SIB notifies the pupil or award recipient of a different timeline.
(b) In the event a pupil or award recipient is not satisfied with the resulting decision, he or she may request that the dispute be reviewed by the Executive Director of the Scholarshare Investment Board. Such a request shall be in writing and shall be received by the Executive Director within thirty (30) days of receipt of the adverse decision. The Executive Director shall mail a written decision, and the reasons therefor, to the award recipient within thirty (30) days of the request for the review or such period as may be mutually acceptable.
(c) In the event that an award recipient wishes to appeal a final determination by the Executive Director, the award recipient may request that the Scholarshare Investment Board review the decision of the Executive Director at a regularly scheduled meeting. Such a request shall be in writing and shall be received by the Scholarshare Investment Board within thirty (30) days of receipt of the adverse decision and at least thirty (30) days in advance of a scheduled meeting of the Scholarshare Investment Board. The pupil or award recipient shall provide supporting documentation that would justify a reconsideration of the Executive Director's decision. The Scholarshare Investment Board shall mail a written decision, and the reasons therefor, to the pupil or award recipient within ninety (90) days of the meeting.
(d) The decision of the Scholarshare Investment Board is the final administrative decision.
(e) For purposes of Section 31007, the terms pupil or award recipient shall include the pupil's or award recipient's parent or legal guardian, if applicable.
NOTE
Authority cited: Sections 69981(d), 69996(d) and 69999, Education Code. Reference: Section 69996(d), Education Code; and Sections 529 and 117(b), Internal Revenue Code.
HISTORY
1. New section filed 12-1-2000 as an emergency; operative 12-1-2000 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 11-30-2001 pursuant to Education Code section 69999 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-1-2000 order, including amendment of section, transmitted to OAL 11-30-2001 and filed 12-21-2001 (Register 2001, No. 51).
3. Amendment of subsections (a)-(c) filed 12-27-2001 as an emergency; operative 1-1-2002 (Register 2001, No. 52). Pursuant to Education Code section 69999, a Certificate of Compliance must be transmitted to OAL by 1-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction of History 3 (Register 2002, No. 21).
5. Certificate of Compliance as to 12-27-2001 order transmitted to OAL 12-18-2002 and filed 1-29-2003 (Register 2003, No. 5).
Division 5. Board of Trustees of the California State Universities
Chapter 1. California State University
Subchapter 1. Definitions
Note • History
As used in this Chapter, the term “campus” shall mean any of the institutions included within the California State University, as specified in Section 89001 of the Education Code.
NOTE
Authority cited: Sections 66600 and 89030, Education Code.
HISTORY
1. New Subchapter 1 (Section 40000) filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
4. Amendment filed 9-3-2004; operative 9-3-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
Subchapter 2. Educational Program
Article 1. General Function
Note • History
The primary function of the California State University is the provision of instruction for undergraduate students and graduate students through the master's degree, in the liberal arts and sciences, in applied fields and in the professions, including the teaching profession. Presently established two-year programs in agriculture are authorized, but other two-year programs shall be authorized only when mutually agreed upon by the Board of Trustees of the California State University and the Board of Governors of the California Community Colleges. The doctoral degree may be awarded jointly with the University of California, or jointly with a private institution of higher education accredited by the Western Association of Schools and Colleges, provided that in the latter case, the doctoral program is approved by the California Postsecondary Education Commission. Faculty research is authorized to the extent that it is consistent with the primary function of the California State University and the facilities provided for that function.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 66608, Education Code.
HISTORY
1. Renumbering of Subchapters 1-6 to Subchapters 2-7, inclusive. Amendment and renumbering of Section 40000 filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35). For prior history, see Register 71, No. 1.
2. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
4. Amendment filed 9-3-2004; operative 9-3-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
§40050.1. Function: Instruction Leading to the Doctor of Education Degree.
Note • History
Notwithstanding Section 40050, the Doctor of Education degree may be awarded independently of any other institution of higher education, provided that the program leading to the degree satisfies the criteria in subdivision (a) of Section 40511.
NOTE
Authority cited: Sections 66600, 66040.3, 89030 and 89035, Education Code. Reference: Sections 66040.3, 66600 and 89030, Education Code.
HISTORY
1. New section filed 7-27-2006; operative 7-27-2006. Submitted to OAL for printing only (Register 2006, No. 37).
§40050.2. Function: Instruction Leading to the Doctor of Nursing Practice Degree.
Note • History
Notwithstanding Section 40050, the Doctor of Nursing Practice degree may be awarded independently of any other institution of higher education, provided that the program leading to the degree is one of the three pilot programs authorized by the Board of Trustees and satisfies the criteria of Section 40514.
NOTE
Authority cited: Sections 66040, 66600, 89030, 89035, 89280, 89281, 89282, 89283 and 89284, Education Code. Reference: Sections 89280, 89281, 89282, 89283 and 89284.
HISTORY
1. New section filed 8-15-2011; operative 8-15-2011. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2011, No. 33).
§40050.3. Function: Instruction Leading to the Doctor of Physical Therapy Degree.
Note • History
Notwithstanding Section 40050, the Doctor of Physical Therapy degree may be awarded independently of any other institution of higher education, provided that the program leading to the degree satisfies the criteria in section 40515.
NOTE
Authority cited: Sections 66042, 66600, 89030 and 89035, Education Code. Reference: Sections 66042, 66600 and 89030, Education Code.
HISTORY
1. New section filed 8-15-2011; operative 8-15-2011. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2011, No. 33).
§40051. California Polytechnic State University, San Luis Obispo and California Polytechnic State University, Pomona, Special Emphases.
Note • History
In addition to the functions provided by Section 40050, California Polytechnic State University, San Luis Obispo, and California Polytechnic State University, Pomona, shall each be authorized to emphasize the applied fields of agriculture, engineering, business, home economics and other occupational and professional fields. This section shall be liberally construed.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 90404, Education Code.
HISTORY
1. Amendment filed 12-29-70; effective thirtieth day thereafter (Register 71, No. 1).
2. Amendment and renumbering of Section 40001 filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§40055. California Maritime Academy.
Note • History
The primary mission of the California Maritime Academy, a specialized institution, is to provide instruction in the maritime sciences, engineering, and related fields, including all those necessary to provide the highest quality licensed officers for the merchant marine and California maritime industries. The California Maritime Academy is authorized to require students in one or more degree programs to qualify for United States Coast Guard merchant marine licenses as a condition of earning a degree.
NOTE
Authority cited: Section 89030, Education Code. Reference: Sections 89030 and 90100, Education Code.
HISTORY
1. New section filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
§40056. California Maritime Academy: Board of Visitors.
Note • History
(a) The Board of Visitors to the California Maritime Academy is hereby established. It shall advise the president of the academy on matters related to the mission of the academy. The Board of Visitors shall be constituted with a membership consistent with the requirements of Education Code Section 90120. The Federal Maritime Administration is invited to provide a nonvoting representative to participate in meetings of the Board of Visitors, as provided by Education Code Section 90120.
(b) The President of the California Maritime Academy is delegated authority to appoint members to the academy's Board of Visitors.
NOTE
Authority cited: Section 89030, Education Code. Reference: Sections 89030, 90120 and 90121, Education Code.
HISTORY
1. New section filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
§40057. California Maritime Academy: Special Requirements.
Note • History
The California Maritime Academy is authorized to require students to meet standards and requirements established by the United States Coast Guard and the Federal Maritime Administration. The following are requirements for academy students in degree programs which require a United States Coast Guard merchant marine license:
(a) The students shall be required to take a medical examination to determine eligibility for admission, shall be subject to scheduled and unscheduled examination and testing for the use of drugs and alcohol and shall be subject to periodic medical examinations to determine fitness for study, training and assigned duties.
(b) The students shall be required to participate in training cruises, conducted by both the academy and commercial operators.
(c) The students shall be required to purchase health insurance by or through the academy or to provide proof of equivalent coverage.
NOTE
Authority cited: Section 89030, Education Code. Reference: Sections 89030, 90100, 90122 and 90130, Education Code.
HISTORY
1. New section filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
§40059. California Maritime Academy: Student Conduct.
Note • History
The California Maritime Academy is authorized to establish special standards of performance, conduct, and discipline to which students at the academy shall be subject. The academy shall have a demerit and discipline system that shall include among its sanctions dismissal, probation, suspension, restitution, extra duty, and other service to the academy or community. The president of the academy shall adopt disciplinary procedures for students at the academy. A copy of the disciplinary procedures shall be provided to every student.
NOTE
Authority cited: Section 89030, Education Code. Reference: Sections 89030, 90100, 90121 and 90130, Education Code.
HISTORY
1. New section filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
§40060. California Maritime Academy: Special Provisions and Exceptions from Other California State University Regulations.
Note • History
Notwithstanding any other provision of Division 5 of Title 5 of the California Code of Regulations, the California Maritime Academy, by recommendation of its president after consultation with the academy's academic senate on issues within its purview, and approval of the chancellor, may establish separate fees, academic and professional training requirements, and student regulations deriving from its specialized mission.
NOTE
Authority cited: Section 89030, Education Code. Reference: Sections 89030, 90100, 90121, 90130, 90140 and 90142, Education Code.
HISTORY
1. New section filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
Article 2. Curricula
§40100. Authorization to Establish Curricula.
Note • History
A campus may be authorized by the Board of Trustees to establish and maintain curricula leading to the bachelor's degree, the master's degree, and the doctoral degree, provided that in the case of the doctoral degree, the requirements of Section 40050 or Section 40050.1 are satisfied.
NOTE
Authority cited: Sections 66600, 66040.3, 89030 and 89035, Education Code. Reference: Sections 66040.3, 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 12-29-70; effective thirtieth day thereafter (Register 71, No. 1).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
4. Amendment of section and Note filed 7-27-2006; operative 7-27-2006. Submitted to OAL for printing only (Register 2006, No. 37).
§40100.1. Cooperative Curricula.
Note • History
Curricula leading to the bachelor's, master's, or doctoral degree may be established cooperatively by two or more campuses. The Chancellor is authorized to establish and from time to time revise such procedures as may be appropriate for the administration of this section.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66040, 66042, 66600, 89030, 89280, 89281, 89282, 89283 and 89284, Education Code.
HISTORY
1. New section filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
3. Amendment of section and Note filed 8-15-2011; operative 8-15-2011. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2011, No. 33).
§40100.2. The Consortium of the California State University and Colleges.
Note • History
The Consortium of The California State University and Colleges (“The Consortium”) is hereby established. Notwithstanding any other provision of this chapter to the contrary, The Consortium shall conduct academic programs utilizing combined faculty and program resources of The California State University and Colleges, and degrees authorized in Article 6, Subchapter 2 of this chapter may be awarded by The Consortium in the name of the Board of Trustees. The Chancellor is authorized to establish and from time to time to revise such provisions as may be appropriate for the administration of this section. The Chancellor shall report annually to the Board on such provisions issued pursuant to this section, commencing at the first meeting of the Board following July 1, 1974.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. New section filed 6-21-73; effective thirtieth day thereafter (Register 73, No. 25).
2. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§40100.3. Authorization to Establish Teacher Education Programs.
Note • History
The Chancellor may establish and operate teacher education programs leading toward fulfillment of requirements for one or more public school service credentials. When the programs are approved by the California Commission for Teacher Credentialing, the campuses participating in the programs are authorized to recommend individuals who have completed requirements to the California Commission for Teacher Credentialing. Students admitted to these programs and recommended for credentials shall have met relevant portions of Article 9 (commencing with section 41100) of Subchapter 3, Requirements for Admission to Teacher Basic Credential Programs and Student Teaching and Recommendation for Teaching Credential. The Chancellor shall consult with the Statewide Academic Senate during the establishment and operation of these programs.
NOTE
Authority cited: Section 89030, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. New section filed 6-4-2000; operative 6-4-2000. Submitted to OAL for printing only (Register 2000, No. 26).
§40101. Authorization to Recommend for Teaching Credentials.
Note • History
A campus may establish and maintain courses leading toward fulfillment of requirements for one or more public school service credentials, and when a campus is approved by the Commission for Teacher Preparation and Licensing, the campus is authorized to recommend qualified applicants to the Commission for Teacher Preparation and Licensing for the credential.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 44227, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§40102. Procedure for Establishing Curricula.
Note • History
A curriculum may be established at a campus only in accordance with procedures adopted by the Board of Trustees.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
Note • History
The standard unit of measurement used in reference to curriculum and degree requirements is the semester unit. This may be converted into quarter units by multiplying by a factor of 1.5. Whenever the term “unit” or “semester unit” is used in this Subchapter and is not preceded by the term “quarter,” it shall be deemed to refer to semester units in the amount specified, and to the equivalent number of quarter units, determined as provided in this Section.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 3-22-68; designated effective 9-1-69 (Register 68, No. 12).
2. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§40104. Definition of Grade Points.
Note • History
For purposes of computing grade point averages, a scale shall be used as follows: A = 4; B = 3; C = 2; D = 1; and F = 0 grade points. A campus may use “plus” and “minus” designations in combination with letter grades and may compute grade point averages taking plus and minus values into account. In said computations a plus shall be computed by adding .3 to the value assigned to the letter grade with which it is combined and a minus shall be computed by subtracting .3 from the value assigned to the letter grade with which it is combined except that no grade point value shall be less than 0 or greater than 4.0. In the case of grading experiments approved by the chancellor, finer decimal values may be assigned.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 7-28-76; effective thirtieth day thereafter (Register 76, No. 31).
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§40104.1. Grading Designations.
Note • History
For undergraduate courses, individual campuses, with the approval of the Chancellor, may utilize for designated courses or groups of courses any combination of (a) the grades A, B, C, D, F; (b) the grades A, B, C, and NC (No Credit) for the grades D and F; (c) the grade CR (Credit) for the grades A, B, and C and the grade NC (No Credit) for the grades D and F.
For all graduate level courses, individual campuses with the approval of the Chancellor, may utilize for designated courses or groups of courses any combination of (a) the grades A, B, C, D, F; (b) the grades A, B, and the grade NC (No Credit) for the grades C, D, and F; (c) the grade CR (Credit) for the grades A and B and the grade NC (No Credit) for the grades C, D, and F.
A campus may utilize plus and minus designations in combination with letter grades in any of the grading systems listed above. The Chancellor may approve experimental combinations of grades and grading designations not listed above so long as grade point averages can be computed in accordance with the values assigned in Section 40104.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. New section filed 12-13-71; effective thirtieth day thereafter (Register 71, No. 51).
2. Amendment filed 7-26-74; effective thirtieth day thereafter (Register 74, No. 30).
3. Amendment filed 7-28-76; effective thirtieth day thereafter (Register 76, No. 31).
4. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§40105. Definition of “Appropriate Campus Authority.”
Note • History
Whenever the term “appropriate campus authority” is used in this Subchapter, it shall be deemed to mean the President of the campus acting upon the recommendation of the faculty of the campus.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. New section filed 3-22-68; designated effective 9-1-69 (Register 68, No. 12).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
Article 3. Special Sessions
Note • History
Each campus is authorized to offer Special Sessions courses and services. The Chancellor is authorized to establish and from time to time revise procedures for implementing this section.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600, 89030, 89704, 89708 and 89709, Education Code.
HISTORY
1. Amendment filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3).
2. Amendment of Article heading and NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
Note • History
In a Special Session a maximum of one semester unit may be allowed for each fifteen hours of instruction.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600, 89030, 89704, 89708 and 89709, Education Code.
HISTORY
1. New section filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3). For prior history, see Register 74, No. 30.
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§40202. Special Session Enrollment in State Supported Regular Curriculum Offerings.
Note • History
Each campus may designate each semester or quarter those state supported regular course offerings which may be attended for special session credit; provided, that enrollment in any such course for special session credit shall be permitted only after students otherwise eligible to enroll in the course as a state supported regular course offering have had an opportunity to do so.
NOTE
Authority cited: Sections 89030, Education Code. Reference: Sections 89030, 89704, 89708 and 89709, Education Code.
HISTORY
1. New section filed 8-6-98; operative 8-6-98. Submitted to OAL for printing only (Register 98, No. 20).
Article 4. Extension Courses
§40300. Establishment and Maintenance.
Note • History
Each campus may establish and maintain extension courses and services when authorized to do so by the Board of Trustees.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§40301. Extension Enrollment in Regular Curriculum Offerings. [Repealed]
Note • History
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. New section filed 7-27-71; effective thirtieth day thereafter (Register 71, No. 31).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
5. Repealer filed 8-6-98; operative 8-6-98. Submitted to OAL for printing only (Register 98, No. 20).
Article 5. General Requirements for Graduation
§40400. Procedure for Granting Diplomas, Certificates and Degrees.
Note • History
The Board of Trustees, upon recommendation of the faculty of the campus, shall issue the appropriate diploma, certificate or degree to a student who has completed the prescribed course of study.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§40401. Election of Regulations.
Note • History
An undergraduate student remaining in attendance in regular sessions at any California State University campus, at any California community college, or any combination of California community colleges and campuses of The California State University may for purposes of meeting graduation requirements elect to meet the requirements in effect at the campus from which the student will graduate either
(1) at the time the student began such attendance or
(2) at the time of entrance to the campus, or
(3) at the time of graduation.
Campus authorities may authorize or require substitutions for discontinued courses. A campus may require a student changing his or her major or any minor field of study to complete the major or minor requirements in effect at the time of the change.
For purposes of this section “attendance” means attendance in at least one semester or two quarters each calendar year. Absence due to an approved educational leave or for attendance at another accredited institution of higher learning shall not be considered an interruption in attendance, if the absence does not exceed two years.
A campus may prescribe that particular requirements be met within as few as seven years of the date of award of the degree.
NOTE
Authority cited: Sections 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 6-21-73; effective thirtieth day thereafter (Register 73, No. 25). For prior history, see Register 72, No. 35.
2. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
4. Amendment filed 12-4-84; effective thirtieth day thereafter (Register 84, No. 49).
Note • History
Each undergraduate student shall complete with a grade point average of 2.0 (grade C) or better:
(a) All units applicable toward a degree, including those accepted by transfer from another institution;
(b) All units in the major; and
(c) All units attempted at the campus granting the degree, except that only those courses in which a letter grade (A, B, C, D, F) is assigned shall be used in computing grade point average.
In computing the grade point average, units attempted or grade points earned for previous attempts of courses which have been repeated with the approval of the appropriate campus authority, shall be excluded.
When, in the opinion of the appropriate campus authority, work completed during a previous enrollment at the campus or at another institution of higher education is substandard and not reflective of the student's present scholastic ability and level of performance, all work completed during one or two semesters (or up to three quarters), as the appropriate campus authority shall decide, may be disregarded in the computation of grade point averages and other requirements for graduation. The Chancellor shall establish provisions for the administration of this section.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 74, No. 40).
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§40402.1. Entry-Level Learning Skills.
Note • History
Each student admitted to The California State University is expected to possess basic competence in the English language and mathematical computation to a degree reasonably expected of entering college students. Students admitted who cannot demonstrate such basic competence should be identified as quickly as possible and be required to take steps to overcome the deficiencies. Any coursework completed primarily for this purpose shall not be applicable to the baccalaureate degree.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. New section filed 7-11-80; effective thirtieth day thereafter (Register 80, No. 28).
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
3. Renumbering and amendment of former section 40405.1 to section 40402.1 filed 9-16-91; operative 10-16-91 (Register 92, No. 2).
4. Amendment repealing first paragraph filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
Note • History
(a) Except as otherwise provided in this Section, 30 semester units (45 quarter units) shall be earned in residence at the campus granting the degree. Twenty-four of these units (36 quarter units) shall be earned in upper division courses and 12 of the semester units (18 quarter units) shall be in the major.
(b) Extension credit (often associated with professional development activities) or credit by evaluation shall not be used to fulfill any requirement prescribed by this section; provided, however, that the Chancellor may designate specified extension courses that may be offered for residence credit and may establish policies and procedures under which residence credit may be earned by evaluation. Academic credit earned through extended education may be applied toward the degree requirements.
(c) When the circumstances of an individual case make it appropriate, the appropriate campus authority may authorize the substitution of credit earned at other campuses or institutions for residence credit.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 2-10-78; effective thirtieth day thereafter (Register 78, No. 6). For prior history, see Register 77, No. 18.
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
3. Amendment of subsections (a) and (b) filed 8-9-2012; operative 8-9-2012 pursuant to Education Code section 89030.1. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 2012, No. 32).
§40404. Requirements in United States History, Constitution and American Ideals.
Note • History
(a) The purpose of the following requirements is to ensure that students acquire knowledge and skills that will help them to comprehend the workings of American democracy and of the society in which they live to enable them to contribute to that society as responsible and constructive citizens. To this end each campus shall provide for comprehensive study of American history and American government including the historical development of American institutions and ideals, the Constitution of the United States and the operation of representative democratic government under that Constitution, and the processes of state and local government. To qualify for graduation each student shall demonstrate competence by completing courses in the foregoing fields or by passing comprehensive examinations in those fields. Students transferring from other accredited institutions of collegiate grade, who have been certified by such institutions as meeting these requirements, shall not be required to take further courses or examinations therein. The Chancellor may institute such guidelines as may be appropriate for the administration of this section.
(b) The Chancellor may grant exceptions to these requirements for students enrolled in degree major programs who transferred from a California Community College if the California State University programs are mandated by law to articulate with California Community College associate degree programs, and the baccalaureate degree programs are limited by law to 120 total semester units (180 quarter units).
(c) The Chancellor may grant exceptions to these requirements for high-unit professional degree major programs on a program-by-program basis.
(d) The appropriate campus authority may grant exceptions to these requirements in individual cases of demonstrable hardship.
(e) A post-baccalaureate student who is enrolled in a baccalaureate degree program shall not be subject to the requirements set forth in this section if:
(1) The student has previously earned a baccalaureate or higher degree from an institution accredited by a regional accrediting association; or
(2) The student has completed equivalent academic preparation, as determined by the appropriate campus authority.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66055.8, 66600, 66745 and 89030, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
3. Amendment filed 8-6-82; effective thirtieth day thereafter (Register 82, No. 32).
4. Designation of former section as subsection (a), new subsections (b)-(e)(2) and amendment of Note filed 8-15-2011; operative 8-15-2011. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2011, No. 33).
§40405. General Education--Breadth Objectives.
Note • History
General education-breadth requirements in The California State University are so designed that, taken with the major depth program and elective credits presented by each candidate for the bachelor's degree, they will assure that graduates from the several campuses in the system have made noteworthy progress toward becoming truly educated persons. Particularly, the purpose of the breadth requirements is to provide means whereby graduates:
(a) will have achieved the ability to think clearly and logically, to find and critically examine information, to communicate orally and in writing, and to perform quantitative functions;
(b) will have acquired appreciable knowledge about their own bodies and minds, about how human society has developed and how it now functions, about the physical world in which they live, about the other forms of life with which they share that world, and about the cultural endeavors and legacies of their civilizations;
(c) will have come to an understanding and appreciation of the principles, methodologies, value systems, and thought processes employed in human inquiries.
It is the intent of this section that the general education-breadth requirements be planned and organized in such a manner that students will acquire the abilities, knowledge, understanding, and appreciation suggested as interrelated elements and not as isolated fragments.
There are three acceptable programs: The California State University General Education-Breadth Requirements (Section 40405.1), the Intersegmental General Education Transfer Curriculum (Section 40405.2), and General Education Reciprocity with the University of California (Section 40405.3).
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. New section filed 7-11-80; effective thirtieth day thereafter (Register 80, No. 28).
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
3. Amendment filed 9-16-91; operative 10-16-91 (Register 92, No. 2).
4. Amendment repealing first paragraph filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
§40405.1. California State University General Education--Breadth Requirements.
Note • History
(a) Each recipient of the bachelor's degree completing the California State University General Education-Breadth Requirements pursuant to this subdivision (a) shall have completed a program which includes a minimum of 48 semester units or 72 quarter units of which 9 semester units or 12 quarter units shall be upper division level and shall be taken no sooner than the term in which the candidate achieves upper division status. At least 9 of the 48 semester units or 12 of the 72 quarter units shall be earned at the campus granting the degree. The 48 semester units or 72 quarter units shall be distributed as follows:
(1) A minimum of 9 semester units or 12 quarter units in communication in the English language, to include both oral communication and written communication, and in critical thinking, to include consideration of common fallacies in reasoning.
(2) A minimum of 12 semester units or 18 quarter units to include inquiry into the physical universe and its life forms, with some immediate participation in laboratory activity, and into mathematical concepts and quantitative reasoning and their applications.
(3) A minimum of 12 semester units or 18 quarter units among the arts, literature, philosophy and foreign languages.
(4) A minimum of 12 semester units or 18 quarter units dealing with human social, political, and economic institutions and behavior and their historical background.
(5) A minimum of 3 semester units or 4 quarter units in study designed to equip human beings for lifelong understanding and development of themselves as integrated physiological, social, and psychological entities.
The specification of numbers of units implies the right of discretion on each campus to adjust reasonably the proportions among the categories in order that the conjunction of campus courses, credit unit configurations and these requirements will not unduly exceed any of the prescribed semester or quarter unit minima. However, the total number of units in General Education-Breadth accepted for the bachelor's degree under the provisions of this subdivision (a) should not be less than 48 semester units or 72 quarter units.
(b) The president or an officially authorized representative of a college which is accredited in a manner stated in Section 40601 (d) (1) may certify the extent to which the requirements of subdivision (a) of this section have been met up to a maximum of 39 semester units (or 58 quarter units). Such certification shall be in terms of explicit objectives and procedures issued by the Chancellor.
(c) In the case of a baccalaureate degree being pursued by a post-baccalaureate student, the requirements of this section shall be satisfied if:
(1) The student has previously earned a baccalaureate or higher degree from an institution accredited by a regional accrediting association; or
(2) The student has completed equivalent academic preparation, as determined by the appropriate campus authority.
NOTE
Authority cited: Section 89030, Education Code. Reference: Sections 66055.8 and 89030, Education Code.
HISTORY
1. New section filed 7-11-80; effective thirtieth day thereafter (Register 80, No. 28).
2. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
3. Renumbering and amendment of former sections 40405.2 and 40405.3 to 40405.1 and renumbering of former section 40405.1 to section 40402.1 filed 9-16-91; operative 10-16-91 (Register 92, No. 2).
4. Amendment repealing first paragraph filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
5. New subsections (c)-(c)(2) and amendment of Note filed 8-15-2011; operative 8-15-2011. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2011, No. 33).
§40405.2. Intersegmental General Education Transfer Curriculum.
Note • History
(a) Students transferring from California Community Colleges under the provisions of this subdivision may satisfy General Education-Breadth requirements for the California State University bachelor's degree through satisfactory completion of the Intersegmental General Education Transfer Curriculum and a minimum of 9 semester units or 12 quarter units of upper division general education coursework. All upper division general education requirements shall be completed no sooner than the term in which the candidate achieves upper division status at the California State University campus granting the degree.
All lower division requirements can be fulfilled by completing the Intersegmental General Education Transfer Curriculum which shall include lower division courses distributed as follows:
(1) A minimum of 9 semester units or 12 quarter units in English communication, to include one course in English composition of no fewer than 3 semester units or 4 quarter units, one course in oral communication of no fewer than 3 semester units or 4 quarter units, and one course in critical thinking-English composition of no fewer than 3 semester units or 4 quarter units.
(2) A minimum of 3 semester units or 4 quarter units in mathematical concepts and quantitative reasoning.
(3) At least three courses totaling a minimum of 9 semester units or 12 quarter units in arts and humanities, to include at least one course in the arts and at least one course in the humanities.
(4) At least three courses totaling a minimum of 9 semester units or 12 quarter units in the social and behavioral sciences, including courses in a minimum of two disciplines or in an interdisciplinary sequence.
(5) At least two courses totaling a minimum of 7 semester units or 9 quarter units in the physical and biological sciences, to include at least one course in physical science and one course in biological science, at least one of which incorporates a laboratory.
(b) The president or an officially authorized representative of a California Community College may certify that the requirements of subdivision (a) of this section have been met through the satisfactory completion of courses approved by the California State University and the University of California for inclusion in the Intersegmental General Education Transfer Curriculum. California State University campuses shall accept certification of the fully completed Intersegmental General Education Transfer Curriculum as meeting all of the lower division general education requirements for the baccalaureate degree.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. Renumbering of former section 40405.2 to 40405.1 and adoption of new section filed 9-16-91; operative 10-16-91 (Register 92, No. 2).
2. Amendment repealing first paragraph filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
§40405.3. Lower Division General Education Reciprocity Between the California State University and the University of California.
Note • History
(a) The Chancellor may enter into a formal agreement of reciprocity for lower division general education requirements between the California State University and the University of California. Pursuant to such an agreement, students transferring to the California State University from campuses of the University of California may satisfy California State University general education-breadth requirements for the bachelor's degree through satisfactory completion of all lower division general education requirements of a University of California campus and of a minimum of 9 semester units or 12 quarter units of upper division general education coursework at the California State University campus granting the degree. Upper division general education requirements shall be taken no sooner than the term in which the candidate achieves upper division status.
(b) If the chancellor or an officially authorized representative of a University of California campus certifies that a student has completed that campus's lower division general education program, California State University campuses shall accept that certification as meeting all of the lower division general requirements for the baccalaureate degree.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. Renumbering of former section 40405.3 to 40405.1 and adoption of new section filed 9-16-91; operative 10-16-91 (Register 92, No. 2).
2. Editorial correction of printing error in subsection (b) and HISTORY 1. (Register 92, No. 12).
3. Amendment repealing first paragraph filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
§40405.4. Procedures for Implementing Programs to Meet General Education Requirements.
Note • History
(a) The Chancellor shall establish procedures to implement the objectives and requirements of Section 40405.1-40405.3, including provision for exceptions in individual cases of demonstrable hardship, and including periodic review of the extent to which the objectives and requirement are being met.
(b) The Chancellor may grant exceptions to the requirements of subdivision (a) of Section 40405.1 for high unit professional degree major programs on a program-by-program basis.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. New section filed 7-11-80; effective thirtieth day thereafter (Register 80, No. 28).
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
3. Amendment filed 9-16-91; operative 10-16-91 (Register 92, No. 2).
4. Amendment repealing first paragraph filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
Note • History
Foreign language may be required by any campus as a part of the preparation for appropriate major programs.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 3-17-65; effective thirtieth day thereafter (Register 65, No. 5).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
Note • History
A maximum of 24 semester units in extension course credit may be applied toward the degree. The Chancellor is authorized to establish and revise criteria for application of extension credits toward the degree in accordance with applicable law.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections66600 and 89030, Education Code.
HISTORY
1. Amendment filed 2-6-73; effective thirtieth day thereafter (Register 73, No. 6).
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§40407.1. Special Session Credit.
Note • History
A maximum of 24 semester units (36 quarter units) taken by a student in non-matriculated status may be applied toward the degree. This maximum applies to special session course credit earned through state supported or self supported course offerings. There is no limit on the number of special session course units that may be earned in matriculated status and applied toward the degree. The Chancellor is authorized to establish and revise criteria for application of special session credits earned through enrollment in state supported or self supported regular course offerings toward the degree in accordance with applicable law.
NOTE
Authority cited: Sections 89030, Education Code. Reference: Sections 89704, 89708 and 89709, Education Code.
HISTORY
1. New section filed 8-6-98; operative 8-6-98. Submitted to OAL for printing only (Register 98, No. 20).
2. Amendment of section and Note filed 2-8-2002; operative 2-8-2002. Submitted to OAL for printing only (Register 2002, No. 9).
3. Amendment filed 8-9-2012; operative 8-9-2012 pursuant to Education Code section 89030.1. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 2012, No. 32).
§40408. Credit Based on Examination.
Note • History
Unit credit toward the degree may be secured by passing an examination given or approved by the appropriate campus authority in courses offered by the campus and for which credit has not otherwise been allowed.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§40409. Community College Credit.
Note • History
A maximum of 70 semester units earned in a community college may be applied toward the degree, with the following limitations:
(a) No upper division credit may be allowed for courses taken in a community college.
(b) No more than six semester units in education courses taken in a community college may be applied toward the baccalaureate degree or the professional preparation requirements of a teacher education basic credential program.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment of subsection (b) filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
4. Editorial correction of Authority cite (Register 95, No. 9).
5. Amendment of subsection (b) filed 8-11-2000; operative 8-11-2000. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2000, No. 39).
Note • History
Each student shall, as a condition to graduation, satisfactorily complete all general requirements consistent with the provisions of this Code as prescribed by the campus, and, in addition, the general education, major, upper division, and graduate credit requirements specified herein for the degree and curriculum pattern elected by the student. In order to qualify for the campus recommendation for a credential authorizing public school service, the student must, in addition to the meeting of other requirements for graduation, also meet the requirements for the credential sought.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§40411. Conferral of Degree upon Completion of Degree Requirements.
Note • History
The president of each campus may preclude any student from enrolling in any additional state-supported courses when that student has met all necessary requirements for the degree for which that student is matriculated, and may take the actions necessary to confer the degree.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. New section filed 7-21-2009; operative 7-21-2009. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2009, No. 30).
Article 6. Undergraduate Degrees
§40500. Bachelor of Arts Degree: Required Curriculum.
Note • History
To be eligible for the Bachelor of Arts degree, the candidate shall have completed the following requirements:
(a) General Education-Breadth Requirements. The courses in General Education-Breadth Requirements shall be distributed in the manner prescribed in Sections 40405-40405.4.
(b) Major 24 semester units (36 quarter units).
There shall be one major with a minimum of 24 semester units (36 quarter units). At least 12 semester units (18 quarter units) in the major shall be upper division courses or their equivalent. The maximum number of units shall be determined by the campus.
(c) Additional Units. Units to complete the total required for the degree may be used as electives or to meet other requirements.
(d) Total. For candidates electing, pursuant to Section 40401, to meet graduation requirements established prior to the 2000-01 academic year, the total semester units required for the Bachelor of Arts Degree, of which at least 40 (60 quarter units) shall be in the upper division credit, shall be 124 semester units (186 quarter units). For candidates for the Bachelor of Arts degree who are meeting graduation requirements established during or after the 2000-01 academic year, a minimum of 120 semester units (180 quarter units) shall be required, including at least 40 semester units (60 quarter units) in upper-division courses or their equivalent.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. New section filed 7-11-80; effective thirtieth day thereafter (Register 80, No. 28).
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 33).
3. Amendment filed 8-11-82; effective thirtieth day thereafter (Register 82, No. 33).
4. Amendment of subsection (a) and NOTE filed 9-16-91; operative 10-16-91 (Register 92, No. 2).
5. Amendment of subsections (d) and (e) filed 8-11-2000; operative 8-11-2000. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2000, No. 39).
6. Amendment of section heading, repealer of first paragraph and removal of first version of section 40500 (applicable to students entering the curriculum prior to the commencement of the 1981-82 academic year) filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
7. Amendment of subsection (b), repealer of subsection (c), subsection relettering and amendment of newly designated subsection (d) filed 8-9-2012; operative 8-9-2012 pursuant to Education Code section 89030.1. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 2012, No. 32).
§40501. Bachelor of Science Degree: Required Curriculum.
Note • History
To be eligible for the Bachelor of Science degree, the candidate shall have completed the following requirements:
(a) General Education-Breadth Requirements. The courses in General Education-Breadth Requirements shall be distributed in the manner prescribed in Sections 40405-40405.4.
(b) Major . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 semester units.
There shall be one major with a minimum of 36 semester units. At least 18 semester units in this major shall be upper division courses or their equivalent. The maximum number of units shall be determined by the campus.
(c) Total. For candidates electing, pursuant to Section 40401, to meet graduation requirements established prior to the 2000-01 academic year, the total semester units required for the Bachelor of Science degree shall be 124 to 132 semester units, as determined by each campus, except that 140 semester units may be required in engineering. For candidates for the Bachelor of Science degree who are meeting graduation requirements established during or after the 2000-01 academic year, a minimum of 120 semester units shall be required.
The number of semester units for each curriculum shall be determined by each campus.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. New section filed 7-11-80; effective thirtieth day thereafter (Register 80, No. 28).
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
3. Amendment of subsection (b) filed 8-11-82; effective thirtieth day thereafter (Register 82, No. 33.)
4. Amendment of subsection (a) and NOTE filed 9-16-91; operative 10-16-91 (Register 92, No. 2).
5. Amendment of subsection (c) and last paragraph filed 8-11-2000; operative 8-11-2000. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2000, No. 39).
6. Amendment of section heading, repealer of first paragraph and removal of first version of section 40501 (applicable to students entering the curriculum prior to the commencement of the 1981-82 academic year) filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
§40502. Bachelor of Education Degree. [Repealed]
Note • History
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment of subsections (b)(1) and (b)(3) filed 3-22-68; designated effective 9-1-69 (Register 68, No. 12).
2. Amendment of subsection (c) filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Amendment filed 7-11-80; effective thirtieth day thereafter (Register 80, No. 28).
5. Repealer filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12). For prior history, see Register 80, No. 51.
§40503. Bachelor of Vocational Education Degree. [Repealed]
Note • History
NOTE
Authority cited: Section 89030, Education Code. Reference: Sections 89030 and 89221-89223, Education Code.
HISTORY
1. New section filed 7-11-80; effective thirtieth day thereafter (Register 80, No. 28).
2. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
3. Amendment of subsection (c) filed 8-11-2000; operative 8-11-2000. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2000, No. 39).
4. Amendment of section heading, repealer of first paragraph, amendment of subsection (b) and Note, and removal of first version of section 40503 (applicable to students entering the curriculum prior to the commencement of the 1981-82 academic year) filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
5. Repealer filed 4-12-2010; operative 4-12-2010. Submitted to OAL for printing only pursuant to Education Code section 89030.1(e) (Register 2010, No. 16).
§40504. The Master's Degree. [Repealed]
History
HISTORY
1. Repealer filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 74, No. 30).
§40505. Bachelor of Architecture Degree: Required Curriculum.
Note • History
To be eligible for the Bachelor of Architecture degree, the candidate shall have completed the following requirements:
(a) General Education-Breadth Requirements. The courses in General Education-Breadth Requirements shall be distributed in the manner prescribed in Sections 40405-40405.4.
(b) Major . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 semester units.
The major shall consist of a minimum of 45 semester units. At least 27 semester units in the major shall be in upper division courses or their equivalent. The maximum number of units shall be determined by each campus.
(c) Total. For candidates electing, pursuant to Section 40401, to meet graduation requirements established prior to the 2000-01 academic year, the total semester units required for the Bachelor of Architecture degree shall be 165 to 175 semester units. For candidates for the Bachelor of Architecture degree who are meeting graduation requirements established during or after the 2000-01 academic year, a minimum of 120 semester units shall be required. The total number of units required for the Bachelor of Architecture degree shall be distributed over a ten-semester period or equivalent.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. New section filed 7-11-80; effective thirtieth day thereafter (Register 80, No. 28).
2. Amendment of section heading and NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
3. Amendment of subsections (a) and (b) filed 8-11-82; effective thirtieth day thereafter (Register 82, No. 33).
4. Amendment of subsection (a) and NOTE filed 9-16-91; operative 10-16-91 (Register 92, No. 2).
5. Amendment of subsection (c) filed 8-11-2000; operative 8-11-2000. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2000, No. 39).
6. Amendment of section heading, repealer of first paragraph and removal of first version of section 40505 (applicable to students entering the curriculum prior to the commencement of the 1981-82 academic year) filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
§40506. Bachelor of Music Degree and Bachelor of Fine Arts Degree: Required Curriculum.
Note • History
To be eligible for either the Bachelor of Music degree or the Bachelor of Fine Arts degree, the candidate shall have completed the following requirements:
(a) General Education-Breadth Requirements. The courses in General Education-Breadth Requirements shall be distributed in the manner prescribed in Sections 40405-40405.4.
(b) Major--70 semester units. The major shall consist of a maximum of 70 semester units with at least one-fourth of these units devoted to theory and content as distinguished from studio, production, and performance.
(c) Total. For candidates electing, pursuant to Section 40401, to meet graduation requirements established prior to the 2000-01 academic year, the total semester units required for the Bachelor of Music degree and the Bachelor of Fine Arts degree shall be 132 semester units. For candidates for the Bachelor of Music degree and the Bachelor of Fine Arts degree who are meeting graduation requirements established during or after the 2000-01 academic year, a minimum of 120 semester units shall be required.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. New section filed 7-11-80; effective thirtieth day thereafter (Register 80, No. 28).
2. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
3. Amendment of subsection (a) and NOTE filed 9-16-91; operative 10-16-91 (Register 92, No. 2).
4. Amendment of subsection (c) filed 8-11-2000; operative 8-11-2000. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2000, No. 39).
5. Amendment of section heading, repealer of first paragraph and removal of first version of section 40506 (applicable to students entering the curriculum prior to the commencement of the 1981-82 academic year) filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
§40507. Bachelor of Landscape Architecture: Required Curriculum.
Note • History
To be eligible for the Bachelor of Landscape Architecture degree, the candidate shall have completed the following requirements:
(a) General Education-Breadth Requirements. The courses in General Education-Breadth Requirements shall be distributed in the manner prescribed in Sections 40405-40405.4.
(b) Major . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 semester units.
The major shall consist of a minimum of 45 semester units, exclusive of those courses used to meet the General Education-Breadth Requirements. At least 27 units in the major shall be in upper division courses or their equivalent. The maximum number of units shall be determined by each campus.
(c) Total. For candidates electing, pursuant to Section 40401, to meet graduation requirements established prior to the 2000-01 academic year, the total semester units required for the Bachelor of Landscape Architecture degree shall be 155 to 165 semester units. For candidates for the Bachelor of Landscape Architecture degree who are meeting graduation requirements established during or after the 2000-01 academic year, a minimum of 120 semester units shall be required. The total number of units required for the Bachelor of Landscape Architecture degree shall be distributed over a ten-semester period or equivalent.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. New section filed 5-4-92; operative 6-3-92 (Register 92, No. 19).
2. Amendment of subsection (c) filed 8-11-2000; operative 8-11-2000. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2000, No. 39).
§40508. The Bachelor's Degree: Total Units.
Note • History
Each campus shall establish and maintain a monitoring system to ensure that justification is provided for all program requirements that extend the baccalaureate unit requirement beyond 120 units.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. New section filed 8-11-2000; operative 8-11-2000. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2000, No. 39).
§40509. Baccalaureate Degrees Completed in Post-Baccalaureate Standing.
Note • History
A campus of the California State University shall not require a student who has been admitted to a baccalaureate degree program to undertake courses other than those that are specifically required to complete the current major within the degree program if:
(a) The student has previously earned a baccalaureate or higher degree from an institution accredited by a regional accrediting association; or
(b) The student has completed equivalent academic preparation, as determined by the appropriate campus authority.
NOTE
Authority cited: Section 89030, Education Code. Reference: Sections 66055.8 and 89030, Education Code.
HISTORY
1. New section filed 8-15-2011; operative 8-15-2011. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2011, No. 33).
Article 7. Graduate Degrees
Note • History
To be eligible for the Master's degree, the candidate shall have completed the following minimum requirements:
(a) Advancement to Candidacy. For advancement to candidacy for the Master's degree, the applicant shall meet the requirements of Section 41011, and such particular requirements as the Chancellor and the campus may prescribe.
(b) Requirements for the Degree.
(1) The completion of a specified pattern of study approved by the appropriate campus authority.
(2) A minimum of thirty semester units of approved graduate work completed within a maximum time to be established by each campus. Such maximum time shall be no more than seven years nor less than five years for each particular program. An extension of time beyond the limit may be granted by appropriate campus authority if warranted by individual circumstances and if the outdated work is validated by examination, in the relevant additional course or subject field of work or such other demonstration of competence as may be prescribed. In the degree program:
(A) Not less than 21 semester units (32 quarter units) shall be completed in residence. The appropriate campus authority may authorize the substitution of credit earned by alternate means for a part of this residence requirement.
(B) Not less than one-half of the units required for the degree shall be in courses organized primarily for graduate students.
(C) Not more than six semester units shall be allowed for a thesis or project.
(3) Satisfactory completion of a thesis, project, or comprehensive examination, defined as follows:
(A) A thesis is the written product of a systematic study of a significant problem. It identifies the problem, states the major assumptions, explains the significance of the undertaking, sets forth the sources for and methods of gathering information, analyzes the data, and offers a conclusion or recommendation. The finished product evidences originality, critical and independent thinking, appropriate organization and format, and thorough documentation. Normally, an oral defense of the thesis is required.
(B) A project is a significant undertaking appropriate to the fine and applied arts or to professional fields. It evidences originality and independent thinking, appropriate form and organization, and a rationale. It is described and summarized in a written abstract that includes the project's significance, objectives, methodology and a conclusion or recommendation. An oral defense of the project may be required.
(C) A comprehensive examination is an assessment of the student's ability to integrate the knowledge of the area, show critical and independent thinking, and demonstrate mastery of the subject matter. The results of the examination evidences independent thinking, appropriate organization, critical analysis and accuracy of documentation. A record of the examination questions and responses shall be maintained in accordance with the records retention policy of The California State University.
(4) A grade point average of 3.0 (grade of B) or better in all courses taken to satisfy the requirements for the degree, except that a course in which no letter grade is assigned shall not be used in computing the grade point average.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. New Article 7 (Section 40510) filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
3. Amendment filed 1-12-83; effective thirtieth day thereafter (Register 83, No. 3).
§40511. The Doctor of Education Degree.
Note • History
(a) A California State University program leading to a Doctor of Education degree shall be distinguished from a University of California doctoral degree program by its conformity with the following criteria:
(1) the program shall prepare administrative leaders for possible service in one of the following settings:
(A) public elementary and secondary schools, or
(B) community colleges;
(2) the program shall focus on the knowledge and skills needed by administrators to be effective leaders in California public schools and community colleges;
(3) the program shall be offered through partnerships in which California public elementary and secondary schools and community colleges, as appropriate, shall participate substantively in program design, candidate recruitment and admissions, teaching, dissertation development, and program assessment and evaluation; and
(4) the program shall enable professionals to earn the degree while working full time.
(b) Each campus offering a program leading to a Doctor of Education degree shall establish requirements for admission to the program. The requirements for admission shall include, at a minimum, the requirements stated in Section 41020.
(c) The program leading to the Doctor of Education degree shall conform to the following specifications:
(1) The curriculum shall be organized as a cohort-based program and shall include learning experiences that balance research, theory, and practice, including field experiences. The core curriculum shall provide professional preparation for leadership, including but not limited to theory and research methods, the structure and culture of education, and leadership in curriculum and instruction, equity, and assessment.
(2) The pattern of study shall be composed of at least 60 semester units earned in graduate standing. At least 48 semester units required for the degree shall be in courses organized primarily for doctoral students, and the remaining units required for the degree shall be in courses organized primarily for doctoral students or courses organized primarily for master's and doctoral students.
(3) At least 42 semester units shall be completed in residence at the campus or campuses awarding the degree. The appropriate campus authority may authorize the substitution of credit earned by alternate means for part of this residence requirement. The campus may establish a transfer policy allowing application to degree requirements of relevant coursework and credits completed as a matriculated student in another graduate program, on the condition that the other program is appropriately accredited.
(4) A qualifying examination shall be required.
(5) The pattern of study shall include completion of a dissertation.
(A) The dissertation shall be the written product of systematic, rigorous research on a significant professional issue. The dissertation is expected to contribute to an improvement in professional practices or policy. It shall evidence originality, critical and independent thinking, appropriate form and organization, and a rationale.
(B) The dissertation shall identify the research problem and question(s), state the major theoretical perspectives, explain the significance of the undertaking, relate it to the relevant scholarly and professional literature, set forth the appropriate sources for and methods of gathering and analyzing the data, and offer a conclusion or recommendation. It shall include a written abstract that summarizes the significance of the work, objectives, methodology, and a conclusion or recommendation.
(C) No more than 12 semester units shall be allowed for a dissertation.
(D) An oral defense of the dissertation shall be required.
(d) Each campus shall create and distribute to all students enrolled in a Doctor of Education degree program a student manual or handbook detailing, at a minimum, the following:
(1) requirements for admission with classified standing;
(2) policies on the transfer of credit earned at other institutions;
(3) policies on professional ethics and academic integrity;
(4) policies on student fees;
(5) provisions for advising and mentoring;
(6) policies and procedures for petitioning for a variance in academic requirements;
(7) policies and procedures for obtaining a leave of absence or for withdrawing from the university;
(8) policies and procedures regarding student grievances;
(9) policies on harassment and discrimination;
(10) policies and procedures for establishing and amending a plan of study;
(11) requirements for satisfactory progress in the program;
(12) policies on academic probation;
(13) requirements for field experience embedded in the program;
(14) requirements for advancement to candidacy;
(15) policies and procedures for the formation of a committee for administering a qualifying examination (if the qualifying examination is unique to the individual student);
(16) dissertation requirements;
(17) policies and procedures for the formation of a committee for supervising a dissertation;
(18) forms to be completed by students in the course of the degree program;
(19) the names and areas of expertise of faculty members affiliated with the degree program.
NOTE
Authority cited: Sections 66600, 66040.3, 89030 and 89035, Education Code. Reference: Sections 66040.3, 66600 and 89030, Education Code.
HISTORY
1. New section filed 7-27-2006; operative 7-27-2006. Submitted to OAL for printing only (Register 2006, No. 37).
§40512. The Doctor of Education Degree: Requirements.
Note • History
(a) Advancement to Candidacy. For advancement to candidacy for the Doctor of Education degree, the student shall have achieved classified graduate standing and met such particular requirements as the Chancellor and the appropriate campus authority may prescribe. The requirements shall include a qualifying examination.
(b) To be eligible for the Doctor of Education degree, the candidate shall have completed a pattern of study, including a dissertation, that is consistent with the specifications in subdivision (c) of Section 40511 and that is approved by the appropriate campus authority. A grade point average of 3.0 (grade of B) or better shall have been earned in coursework taken to satisfy the requirements for the degree, except that a course in which no letter grade is assigned shall not be used in computing the grade point average.
(c) The student shall have completed all requirements for the degree within five years of achieving classified standing in the doctoral program. The appropriate campus authority may extend the time for completion of the requirements if:
(1) the extension is warranted by individual circumstances, and
(2) the student demonstrates current knowledge of research and practice in educational leadership, as required by the campus.
NOTE
Authority cited: Sections 66600, 66040.3, 89030 and 89035, Education Code. Reference: Sections 66040.3, 66600 and 89030, Education Code.
HISTORY
1. New section filed 7-27-2006; operative 7-27-2006. Submitted to OAL for printing only (Register 2006, No. 37).
§40513. The Doctor of Nursing Practice Degree.
Note • History
(a) California State University programs leading to a Doctor of Nursing Practice degree shall be operated as pilot degree programs, with student enrollment permitted prior to July 1, 2018 and student course work allowed to be completed on or after July 1, 2018.
(b) The programs shall not supplant nursing programs offered by the CSU at the master's level as of January 1, 2010.
(c) California State University Doctor of Nursing Practice degree programs shall conform to the following criteria:
(1) The clinical degree programs in advanced nursing practice shall prepare graduates for leadership and clinical roles and to engage in evidence-based inquiry; and programs may also prepare graduates to serve as faculty in postsecondary nursing education programs.
(2) Programs shall enable professionals to earn the degree while working full time.
(3) Programs shall be consistent with the requirements of a professional nursing accrediting body and the regional accrediting association.
(d) Each campus offering a program leading to a Doctor of Nursing Practice degree shall establish requirements for admission to the program. The requirements for admission shall include, at a minimum, the requirements stated in Section 41021.
(e) Programs leading to the Doctor of Nursing Practice degree shall conform to the following specifications:
(1) The curriculum may be organized as a cohort-based program and shall include learning experiences that balance research, theory, and practice. The core curriculum for each DNP program shall provide professional preparation in advanced nursing practice, including but not be limited to theory and research methods and evaluation, curriculum development, professional practice, management and leadership, and essential curricular concepts for advanced nursing at the doctoral level.
(2) The pattern of study for the post-master's Doctor of Nursing Practice degree program shall be composed of at least 36 semester units (54 quarter units) earned in graduate standing. At least 27 semester units (40.5 quarter units) required for the degree shall be in courses organized primarily for doctoral students, and the remaining units required for the degree shall be in courses organized primarily for doctoral students or courses organized primarily for master's and doctoral students.
(3) At least 24 semester units (36 quarter units) shall be completed in residence at the campus awarding the degree or campuses jointly awarding the degree. The appropriate campus authority may authorize the substitution of credit earned by alternate means for part of this residence requirement. The campus may establish a policy allowing the transfer of relevant coursework and credits completed as a matriculated student in another graduate program, on the condition that the other program is appropriately accredited.
(4) A doctoral qualifying examination or assessment shall be required.
(5) The pattern of study shall include completion of a doctoral project.
(A) The doctoral project shall be the written product of systematic, rigorous research on a significant advanced nursing practice issue. The doctoral project is expected to contribute to an improvement in professional practices or policy. It shall evidence originality, critical and independent thinking, appropriate form and organization, and a rationale.
(B) The doctoral project shall reflect a command of the research literature and shall demonstrate the student's mastery of evidence-based practice at the doctoral level.
(C) The written component of the doctoral project shall be organized in an appropriate form and shall identify the research problem and question(s), state the major theoretical perspectives, explain the significance of the undertaking, relate it to the relevant scholarly and professional literature, identify the methods of gathering and analyzing the data, and offer a conclusion or recommendation.
(D) No more than 12 semester units (18 quarter units) shall be allowed for the doctoral project.
(E) An oral defense of the doctoral project shall be required.
NOTE
Authority cited: Sections 66600, 89030, 89035, 89280, 89281, 89283 and 89284, Education Code. Reference: Sections 66600, 89280, 89281, 89283 and 89284, Education Code.
HISTORY
1. New section filed 8-15-2011; operative 8-15-2011. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2011, No. 33).
§40514. The Doctor of Nursing Practice Degree: Requirements.
Note • History
(a) To be eligible for the Doctor of Nursing Practice degree, the candidate shall have completed a program of study that includes a qualifying assessment and a doctoral project and that is consistent with the specifications in subdivision (e) of Section 40513 and that is approved by the appropriate campus authority. A grade point average of 3.0 (grade of B) or better shall have been earned in courses taken to satisfy the requirements for the degree, except that a course in which no letter grade is assigned shall not be used in computing the grade point average.
(b) Advancement to Candidacy. For advancement to candidacy for the Doctor of Nursing Practice degree, the student shall have achieved classified graduate standing and met such particular requirements as the Chancellor and the appropriate campus authority may prescribe. The requirements shall include a qualifying assessment.
(c) The student shall have completed all requirements for the degree within five years of matriculation into the doctoral program. The appropriate campus authority may extend by up to two years the time for completion of the requirements under the following circumstances;
(1) the student is in good standing,
(2) the extension is warranted by compelling individual circumstances, and
(3) the student demonstrates current knowledge of research and practice in advanced nursing practice, as required by the campus.
NOTE
Authority cited: Sections 66600, 89030, 89035, 89280, 89281, 89283 and 89284, Education Code. Reference: Sections 66600, 89030, 89280, 89281, 89283 and 89284, Education Code.
HISTORY
1. New section filed 8-15-2011; operative 8-15-2011. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2011, No. 33).
§40515. The Doctor of Physical Therapy Degree.
Note • History
(a) A California State University program leading to a Doctor of Physical Therapy degree may be offered independently of any other institution of higher education. California State University Doctor of Physical Therapy programs shall:
(1) provide curriculum grounded in evidence-based practice, and
(2) prepare graduates to enter the field of physical therapy practice, and
(3) be consistent with the requirements of the professional accrediting body.
(b) Each campus offering a program leading to a Doctor of Physical Therapy degree shall establish requirements for admission to the program. The requirements for admission shall include, at a minimum, the requirements stated in Section 41022.
(c) The program leading to the Doctor of Physical Therapy degree shall conform to the following specifications:
(1) The curriculum shall include learning experiences that balance research, theory, clinical education and practice. The core curriculum shall provide professional preparation focusing on critical thinking and decision making, including but not limited to: foundational sciences, clinical sciences, and behavioral sciences; professional practice; patient/client management; and practice management.
(2) The postbaccalaureate pattern of study shall be composed of at least 90 semester units (135 quarter units) earned in graduate standing. At least 72 semester units (108 quarter units) required for the degree shall be in courses organized primarily for doctoral students, and the remaining units required for the degree shall be in courses organized primarily for doctoral students or courses organized primarily for master's and doctoral students.
(3) No fewer than 60 semester (90 quarter units) shall be completed in residence at the campus awarding the degree. At the discretion of the appropriate campus authority, courses required for California State University Doctor of Physical Therapy programs that are completed at another CSU campus may apply toward the residency requirement at the CSU campus that awards the degree.
(4) A doctoral qualifying examination or doctoral qualifying assessment shall be required.
(5) The pattern of study shall include successful completion of a doctoral project that is expected to contribute to an improvement in physical therapy practice, policy or client outcomes.
(A) The doctoral project shall demonstrate the student's doctoral-level mastery of current evidence-based practice. It shall demonstrate critical and independent thinking and a command of the research literature.
(B) The written component of the doctoral project shall demonstrate originality, evidencing critical and independent thinking. It shall be organized in an appropriate form and shall identify the research problem and question(s), state the major theoretical perspectives, explain the significance of the undertaking, relate it to the relevant scholarly and professional literature, identify the methods of gathering and analyzing the data, and offer a conclusion or recommendation.
(C) An oral defense of the doctoral project shall be required.
(D) No more than eight semester units (12 quarter units) shall be allowed for the doctoral project.
NOTE
Authority cited: Sections 66042, 66600, 89030 and 89035, Education Code. Reference: Sections 66042, 66600, 89030 and 89035, Education Code.
HISTORY
1. New section filed 8-15-2011; operative 8-15-2011. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2011, No. 33).
§40516. The Doctor of Physical Therapy Degree: Requirements.
Note • History
(a) Advancement to Candidacy. For advancement to candidacy for the Doctor of Physical Therapy degree, the student shall have achieved classified graduate standing and met such particular requirements as the chancellor and appropriate campus authority may prescribe. The requirements shall include a qualifying examination or other qualifying doctoral assessment.
(b) To be eligible for the Doctor of Physical Therapy degree, the candidate shall have completed a program of study that includes both a qualifying examination or other qualifying assessment and a doctoral project that is consistent with the specifications in section 40515 and that is approved by the appropriate campus authority. A grade point average of 3.0 (grade of B) or better shall have been earned in courses taken to satisfy the requirements for the degree, except that a course in which no letter grade is assigned shall not be used in computing the grade point average.
(c) The student shall have completed all requirements for the degree within five years of achieving classified standing in the doctoral program. The appropriate campus authority may extend the time for completion of the requirements if:
(1) the student is in good standing,
(2) the extension is warranted by compelling individual circumstances, and
(3) the student demonstrates current knowledge of research and practice in physical therapy, as required by the campus.
NOTE
Authority cited: Sections 66042, 66600, 89030 and 89035, Education Code. Reference: Sections 66042, 66600, 89030 and 89035, Education Code.
HISTORY
1. New section filed 8-15-2011; operative 8-15-2011. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2011, No. 33).
Article 8. Integrated Teacher Preparation Programs
Note • History
The term “integrated teacher preparation program” means a curriculum (a) that incorporates general education, a major, subject-matter preparation for teaching in elementary and/or secondary schools, professional preparation for teaching in elementary and/or secondary schools, and any other graduation requirements, and (b) in which students make progress concurrently toward a baccalaureate degree and a recommendation for a preliminary basic teaching credential, given satisfactory completion of the requirements for each. The components of an integrated teacher preparation program (i.e., general education, a major, subject-matter preparation for teaching in elementary and/or secondary schools, professional preparation for teaching in elementary and/or secondary schools, and any other graduation requirements) need not be mutually exclusive. An individual course within an integrated teacher preparation program may contribute to completion of more than one of these components.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. New article 8 (sections 40520-40523) and section filed 9-22-2003; operative 9-22-2003. Submitted to OAL for printing only (Register 2003, No. 47).
§40521. Total Unit Requirements.
Note • History
For completion of an integrated teacher preparation program, at least 120 semester units but no more than 135 semester units shall be required. The Chancellor may grant exceptions to the upper limit of 135 units on requirements for completion of an integrated teacher preparation program if the campus that will offer the program requests the exception and provides an adequate justification. Procedures for requesting, reviewing, and granting these exceptions shall be developed by the Chancellor, in consultation with the Academic Senate of the California State University.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. New section filed 9-22-2003; operative 9-22-2003. Submitted to OAL for printing only (Register 2003, No. 47).
§40522. Guidelines for Establishment of Campus Requirements.
Note • History
The Chancellor, in consultation with the Academic Senate of the California State University, shall establish guidelines for the identification and integration of lower-division and upper-division general education, subject-matter preparation, and professional preparation in integrated teacher preparation programs. The guidelines may include recommendations for unit requirements for each of these components. The consultation shall include California State University faculty members and administrators from campus academic units providing programs of professional preparation approved by the California Commission on Teaching Credentialing and from campus academic units providing programs of subject matter preparation approved by the California Commission on Teaching Credentialing. The consultation shall also include the California Community Colleges.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. New section filed 9-22-2003; operative 9-22-2003. Submitted to OAL for printing only (Register 2003, No. 47).
§40523. Articulation with California Community Colleges.
Note • History
For students admitted to integrated teacher preparation programs, units earned in community college courses that are articulated with courses fulfilling integrated teacher preparation program requirements shall not be subject to the limitation imposed by subsection (b) of section 40409.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. New section filed 9-22-2003; operative 9-22-2003. Submitted to OAL for printing only (Register 2003, No. 47).
Article 9. Lower-Division Transfer Patterns by Major
Note • History
(a) The term “systemwide lower-division transfer pattern by major” means a set of lower-division curricular specifications comprising at least 45 semester units but no more than 60 semester units that will be accepted at every CSU campus offering a program leading to that degree and major. Each unit that a student completes in the systemwide lower-division transfer pattern by major reduces by one unit the total number of units that the student must complete to earn that degree with that major. A systemwide lower-division transfer pattern by major will ordinarily include courses that fulfill General Education-Breadth or Intersegmental General Education Transfer Curriculum requirements; United States History, Constitution, and American Ideals requirements; and major-specific, lower-division requirements. A course in a systemwide lower-division transfer pattern by major may contribute to completion of more than one requirement.
(b) The term “campus-specific lower-division transfer pattern by major” means a set of lower-division curricular specifications beyond the systemwide lower-division transfer pattern by major, comprising units that will be accepted at a particular CSU campus offering a program leading to that degree and major. Each unit that a student completes in the campus-specific lower-division transfer pattern by major reduces by one unit the total number of units that the student must complete to earn that degree with that major.
(c) For purposes of this article, majors are distinguished by the CSU program code assigned to them and the degrees to which they lead.
(d) For purposes of this article, a major will be considered high-priority if it meets criteria established by the Chancellor. In establishing criteria, the Chancellor shall consider (1) the number of CSU campuses at which the major is offered and (2) the proportion of the undergraduate student body enrolled in the major at the CSU campuses offering that major.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. New article 9 (sections 40530-40532) and section filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
§40531. Development of Systemwide Lower-Division Transfer Patterns by Major.
Note • History
(a) A systemwide lower-division transfer pattern by major shall be established for each high-priority major. The Chancellor, in consultation with the Academic Senate of the California State University, shall develop procedures for establishing systemwide lower-division transfer patterns by major. The procedures shall include extensive participation of faculty members in the major. The procedures shall encourage the development of systemwide lower-division transfer patterns by major that are consistent with, but not necessarily identical to, the recommended lower-division course-taking patterns of CSU first-time freshmen.
(b) If a degree and major frequently incorporate options or concentrations that would individually meet the criteria established for high-priority majors, the procedures shall allow for the development of a distinct systemwide lower-division transfer pattern by major for each of those common options or concentrations.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. New section filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
§40532. Development of Campus-Specific Lower-Division Transfer Patterns by Major.
Note • History
Each CSU campus shall develop a campus-specific lower-division transfer pattern by major for each high-priority major it offers. The number of semester units in the systemwide lower-division transfer pattern by major plus the number of semester units in the campus-specific lower-division transfer pattern by major shall be no fewer than 60 and no more than 70. The procedures shall encourage the development of campus-specific lower-division transfer patterns by major that, in combination with the corresponding systemwide lower-division transfer patterns by major, are consistent with, but not necessarily identical to, the recommended lower-division course-taking patterns of CSU first-time freshmen.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. New section filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
Article 10. Standard Requirements for Nursing Degree Programs
§40540. Systemwide Prerequisites for Nursing Degree Programs.
Note • History
(a) The Chancellor in consultation with the Academic Senate of the California State University shall establish a standardized list of nursing degree program prerequisites for the various campuses of the California State University on a systemwide basis.
(b) The standardized list of nursing degree program prerequisites shall conform to professional accreditation requirements.
(c) No campus may require more, fewer, or different program prerequisites than those included on the systemwide list.
(d) The Chancellor in consultation with the Academic Senate of the California State University may amend the standardized prerequisites for nursing degree programs.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 66055.5, Education Code.
HISTORY
1. New article 10 (sections 40540-40541) and section filed 8-9-2012; operative 8-9-2012 pursuant to Education Code section 89030.1. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 2012, No. 32).
§40541. Baccalaureate Nursing Degree Programs Articulation and Transfer.
Note • History
Each California State University campus that offers a baccalaureate nursing degree program shall negotiate and implement articulation agreements with community college districts from which a significant number of nursing students transfer to that CSU campus nursing degree program.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66055.5 and 89267.5, Education Code.
HISTORY
1. New section filed 8-9-2012; operative 8-9-2012 pursuant to Education Code section 89030.1. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 2012, No. 32).
Subchapter 3. Admission Requirements
Article 1. Construction and Definitions
§40600. Tenses, Gender and Number. [Repealed]
Note • History
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Repealer of former #S #S 40601 and 40602, and renumbering of #S #S 40600 and 40600.1 of former Article 1 to #S #S 40650 and 40651, respectively, and new Article 1 ( #S #S 40600-40601), filed 1-27-65; effective thirtieth day thereafter (Register 65, No. 2). For history of former Articles 1 and 2, see Registers 63, No. 24, and 64, No. 18.
2. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Repealer filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
Note • History
The following terms, whenever used or referred to in this subchapter, shall have the following meanings, respectively, unless a different meaning appears from the context:
(a) The term “Chancellor” means the Chancellor of the California State University or designee.
(b) The term “the campus” means the campus to which application for admission is made.
(c) The term “appropriate campus authority” means the president of the campus or designee.
(d) The term “college” means:
(1) Any institution of higher learning which is accredited to offer work leading to the degree of Bachelor of Arts or to the degree of Bachelor of Science, by the applicable regional accrediting agency recognized by the United States Department of Education, except an institution which is accredited only as a “specialized institution”;
(2) Any foreign institution of higher learning which, in the judgment of the Chancellor, offers course work equivalent to that offered by institutions included within subdivision (d)(1) of this section.
(e) The term “application” means the submission to the campus by the person applying for admission of all documents including official transcripts of all the applicants academic records and information which the applicant is required to personally submit, and the payment of any application fee due pursuant to Section 41800.1.
(f) The term “eligibility index” means:
(1) For admissions prior to fall term 2004, that number derived from a weighted combination of the grade point average for the final three years of high school or of the grade point average for the final three years of high school excluding the final year or final term thereof, and in any case excluding courses in physical education and military science, and the score on either the American College Test or the Scholastic Aptitude Test pursuant to Section 40752 or Section 40802; such weighing of grade point averages and test scores shall be determined and adjusted by the chancellor on the basis of the probability of academic success in the California State University.
(2) For admissions commencing with fall term 2004, that number derived from a weighted combination of the grade point average for courses taken in the comprehensive pattern of college preparatory subjects during the final three years of high school and the score on either the American College Test or the Scholastic Aptitude Test pursuant to Section 40752 or Section 40802; such weighing of grade point averages and test scores shall be determined and adjusted by the chancellor on the basis of the probability of academic success in the California State University.
(g) The term “good standing at the last college attended” means that at the time of application for admission and at the time of admission, the applicant was not under disciplinary or academic suspension, dismissal, expulsion or similar action by the last college attended and was not under disciplinary suspension, dismissal, expulsion or similar action at any institution of The California State University.
(h) The term “first-time freshman” means an applicant who has earned college credit not later than the end of the summer immediately following high school graduation or an applicant who has not earned any college credit.
(i) The term “undergraduate transfer” means any person who is not a first-time freshman pursuant to Section 40601(h), and who does not hold a baccalaureate degree from any college.
(j) The term “full-time student” means any student whose program while in attendance at a college averaged twelve or more semester units per semester, or the equivalent.
(k) The term “resident” shall have the same meaning as does the same term in Section 68017 of the Education Code, and shall include all persons so treated by the provisions of that section.
(l) The term “unit” means a semester unit within the meaning of Section 40103, or the equivalent thereof.
(m) The term “transferable” when used in connection with college units, college credit or college work, shall mean those college units, credit or work which are determined to be acceptable (either for specific requirements or as electives) toward meeting the requirements of a baccalaureate degree. The Chancellor is authorized to establish and from time to time to revise procedures for the implementation of this subdivision.
(n) For admissions prior to fall term 2003, the term “comprehensive pattern of college preparatory subjects” means four years of English, three years of mathematics, one year of United States history or United States history and government, one year of laboratory science, two years of foreign language, one year of visual and performing arts, and three years of electives from any combination of English, mathematics, social science, history, laboratory science, foreign language, visual and performing arts, and other fields of study determined by the Chancellor to be appropriate preparation for California State University study.
(o) Commencing with admissions for the fall term 2003, the term “comprehensive pattern of college preparatory subjects” means, in each area of study, at least four years of English, three years of mathematics, two years of history or social science, two years of laboratory science, two years of foreign language, one year of visual and performing arts, and one year of electives from any combination of English, mathematics, social science, history, laboratory science, foreign language, visual and performing arts, and other fields of study determined by the Chancellor to be appropriate preparation for California State University study.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. Amendment of subsection (l) and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 73, No. 25.
2. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12). For prior history, see Register 77, No. 18.
3. Amendment of subsection (f) filed 12-11-85; effective thirtieth day thereafter (Register 85, No. 50).
4. Amendment of subsections (a) and (g) and new subsection (n) filed 9-3-87; operative 10-3-87 (Register 87, No. 36).
5. Amendment of subsection (n) and new subsection (o) filed 9-21-99; operative 10-21-99. Submitted to OAL for printing only (Register 2000, No. 29).
6. Amendment of subsection (f), new subsections (f)(1)-(2) and amendment of subsections (h)-(i) filed 10-4-2000; operative 10-4-2000. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2000, No. 48).
Article 2. Establishment of Enrollment
§40650. Establishment of Enrollment Quotas.
Note • History
(a) Capacity. Admission to a campus shall be limited on the bases of authorized academic plans and programs, and the number of students for whom facilities and competent staff are available to provide opportunity for an adequate college education. Under the policy direction of the Board of Trustees, the Chancellor is authorized to provide for the establishment of enrollment quotas for the California State University and any campus, for any of the following enrollment categories: academic area, class level, program, and student residence status. In establishing such quotas, primary emphasis shall be placed upon the allocation of resources at the upper division level in order to facilitate the accommodation of California public Community College transfers.
(b) Diversion. Enrollment may also be limited for purposes of diversion of students pursuant to specific determinations of the Board of Trustees. Under the policy direction of the Board of Trustees, the Chancellor shall take all measures necessary to accomplish such diversion of students.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 72, No. 35.
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
3. Amendment of subsection (a) filed 9-3-2004; operative 9-3-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
§40651. Administrative Procedures.
Note • History
(a) Upon establishment of enrollment quotas for any campus pursuant to Section 40650 of this Article, admission of students otherwise qualified shall be within such quotas with the objective of providing maximum opportunity and appropriate diversity among students.
(b) In determinations of priority for admission:
(1) The policy of the State that students who begin their higher education in California public Community Colleges be able to continue their education without interruption, shall be considered.
(2) The following factors may be considered:
(A) Previous enrollment at the campus;
(B) The applicant's degree or credential objective;
(C) Whether the applicant has completed military or other national service;
(D) Geographical proximity to the campus where the distance involved in attending another institution would create a hardship;
(E) Access to suitable educational alternatives;
(F) The date the application is filed (an application shall be considered filed as of the date it is postmarked, filed electronically, or personally delivered to the office on campus designated for such purpose);
(G) The needs of the campus in maintaining a balanced program with respect to foreign students, out-of-state students, recipients of scholarships and awards, and with respect to students who would make a significant contribution to the campus because of their background or special abilities.
(3) Applicants who complete successfully a systemwide lower-division transfer pattern by major and the campus-specific lower-division transfer pattern for that major, as defined in Section 40530, shall be accorded the highest priority for admission as undergraduate transfers to that campus and major. “Highest priority” as used herein means a guarantee of admission subject to enrollment demand, available space, and satisfactory completion of any impaction criteria for that campus and major.
(c) The Board of Trustees may, by resolution, establish particular policies for the implementation of priorities authorized by this Section. The Chancellor shall establish methods of determining priorities to be applied by each campus within the provisions of this Section, including any implementing resolutions adopted by the Board of Trustees. In addition, the Chancellor is authorized to establish criteria for use in admission to impacted programs.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66202, 66600 and 89030, Education Code.
HISTORY
1. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 73, No. 6.
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
3. Amendment of subsection (b)(2)(F) and new subsection (b)(3) filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
Article 3. Matriculation
Note • History
Any student enrolling in any term, other than extension or as an auditor without credit, shall meet the standards for admission outlined in this subchapter.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. Former Article 3 ( #S #S 40800 through 40802) repealer filed and renumbering of former Article 2 ( #S 40700) to new Article 3 filed 1-27-65; effective thirtieth day thereafter (Register 65, No. 2). For history of former Article 3, see Register 63, No. 3.
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
3. Amendment of section and Note filed 8-7-2001; operative 8-7-2001. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2001, No. 40).
Note • History
Any student admitted to a fall term may be enrolled in the immediately preceding summer term as a summer early entrant. Summer early entrant students will be regarded as matriculated when they enroll in the fall term for which they have been formally admitted.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. New section filed 8-7-2001; operative 8-7-2001. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2001, No. 40).
Article 4. Admission As First-Time Freshman
§40750. Scope of Article. [Repealed]
Note • History
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
. 1.Former Article 4 ( #S #S 40900-40904) repealed and new Article 4 ( #S #S 40750-40759) filed 1-27-65; effective thirtieth day thereafter (Register 65, No. 2).
2. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Repealer filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§40751. Alternative Bases for Admission.
Note • History
An applicant may be admitted to a campus as a first-time freshman only upon satisfaction of the requirements of Section 40752 and of any of the following sections of this Article: 40753, 40754, 40755, 40756, 40757, 40758, 40759.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§40752. Entrance Examination Required.
Note • History
An applicant for admission to a campus as a first-time freshman, except applicants who are admissible as first-time freshmen, pursuant to Section 40755, or high school students pursuant to Section 40758, shall be required to submit, or to have submitted on his or her behalf a score on the American College Test or the Scholastic Aptitude Test. However, the appropriate campus authority may exempt an applicant from the requirement when the test score is not a factor in determining admission eligibility.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 10-18-79; effective thirtieth day thereafter (Register 79, No. 42).
3. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§40752.1. English Language Examination.
Note • History
To be admitted to a campus as a first time freshman, an applicant who has not attended for at least three years an educational institution at the secondary level or beyond where English is the principal language of instruction must receive a minimum score of 500 on the Test of English as a Foreign Language (TOEFL). Appropriate campus authority may prescribe a higher minimum score, based on such campus factors as the nature of the instruction offered, availability of instruction in English as a second language, student enrollment demand, and availability of funds. Achieving the minimum score shall be evidence of the applicant's English competency at a level which will allow the applicant to participate satisfactorily in and benefit from university study. Exceptions may be granted by the appropriate campus authority when there is convincing evidence that the applicant's competence in English is at a level which will allow satisfactory participation in and benefit from university study.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. New section filed 1-12-83; effective thirtieth day thereafter (Register 83, No. 3).
§40753. Applicants Who Are California Residents or Graduates of a California High School.
Note • History
(a) A graduate of a California high school or a high school graduate who is a resident may be admitted to a campus as a first-time freshman if
(1) the graduate's eligibility index is equal to or greater than that minimum eligibility index, as determined by the Chancellor, required to limit eligibility to that one-third of California high school graduates which has the greatest probability of academic success in the California State University, and
(2) for admissions prior to fall term 2003, the graduate has completed satisfactorily a comprehensive pattern of college preparatory subjects to include four years of English, three years of mathematics, one year of United States history or United States history and government, one year of laboratory science, two years of foreign language, one year of visual and performing arts, and three years of electives from any combination of English, mathematics, social science, history, laboratory science, foreign language, visual and performing arts, and other fields of study determined by the Chancellor to be appropriate preparation for California State University study. A graduate who qualifies for admission under subdivision (a)(1) and who has completed at least ten of the courses in the comprehensive pattern of this subdivision may be admitted on condition that the graduate completes the work identified by the Chancellor or designee at the time of the graduate's admission as necessary to remove the coursework deficiency within the first two years of the graduate's baccalaureate studies. The Chancellor shall implement the comprehensive pattern of college preparatory subject requirements and in so implementing shall make every effort to avoid undue hardship during the phasing in of these requirements and shall determine satisfactory completion of the requirements and may grant exceptions for preparation determined by the Chancellor to be equivalent.
(3) commencing with admissions for the fall term 2003, the graduate has completed satisfactorily the comprehensive pattern of college preparatory subjects defined in Section 40601. The Chancellor shall implement the comprehensive pattern of college preparatory subject requirements and in so implementing shall make every effort to avoid undue hardship during the phasing in of these requirements and shall determine satisfactory completion of the requirements and may grant exceptions for preparation determined by the Chancellor to be equivalent.
(b) This section shall not apply to an applicant who is eligible for admission as a first-time freshman pursuant to Section 40755.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. Amendment of subsection (a) filed 8-22-72, effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
3. Amendment filed 8-6-82; effective thirtieth day thereafter (Register 82, No. 32).
4. Amendment of subsection (a) filed 11-18-86; effective thirtieth day thereafter. New provisions become operative as stated in subsection (a) (2). (Register 86, No.47).
5. Amendment of subsection (a)(2) and new subsection (a)(3) filed 9-21-99; operative 10-21-99. Submitted to OAL for printing only (Register 2000, No. 29).
§40754. Applicants Who Are Neither California Residents nor Graduates of a California High School.
Note • History
(a) A high school graduate who is neither a resident nor a graduate of a California high school may be admitted to a campus as a first-time freshman if
(1) the graduate's eligibility index is equal to or greater than that minimum eligibility index, as determined by the Chancellor, which is required to limit eligibility to that on-sixth of California high school graduates which has the greatest probability of academic success in the California State University, and
(2) for admissions prior to fall term 2003, the graduate has completed satisfactorily a comprehensive pattern of college preparatory subjects to include four years of English, three years of mathematics, one year of United States history or United States history and government, one year of laboratory science, two years of foreign language, one year of visual and performing arts, and three years of electives from any combination of English, mathematics, social science, history, laboratory science, foreign language, visual and performing arts, and other fields of study determined by the Chancellor to be appropriate preparation for California State University study. A graduate who qualifies for admission under subdivision (a)(1) and who has completed at least ten of the courses in the comprehensive pattern of this subdivision may be admitted on condition that the graduate completes the work identified by the Chancellor or designee at the time of the graduate's admission as necessary to remove the coursework deficiency within the first two years of the graduate's baccalaureate studies. The Chancellor shall implement the comprehensive pattern of college preparatory subject requirements and in so implementing shall make every effort to avoid undue hardship during the phasing in of these requirements and shall determine satisfactory completion of the requirements and may grant exceptions for preparation determined by the Chancellor to be equivalent.
(3) commencing with admissions for the fall term 2003, the graduate has completed satisfactorily the comprehensive pattern of college preparatory subjects pursuant to Section 40601. The Chancellor shall implement the comprehensive pattern of college preparatory subject requirements and in so implementing shall make every effort to avoid undue hardship during the phasing in of these requirements and shall determine satisfactory completion of the requirements and may grant exceptions for preparation determined by the Chancellor to be equivalent.
(b) This section shall not apply to an applicant who is eligible for admission as a first-time freshman pursuant to Section 40755.
NOTE
Authority cited: Section 89030, Education Code Reference: Section 89030, Education Code.
HISTORY
1. Amendment of subsection (a) filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
3. Amendment filed 8-6-82; effective thirtieth day thereafter (Register 82, No. 32).
4. Amendment of subsection (a) filed 11-18-86; effective thirtieth day thereafter. New provisions become operative as stated in subsection (a)(2) (Register 86, No.47).
5. Amendment of subsection (a)(2) and new subsection (a)(3) filed 9-21-99; operative 10-21-99. Submitted to OAL for printing only (Register 2000, No. 29).
§40755. Graduates of Secondary Schools, etc., in a Foreign Country.
Note • History
An applicant who is a graduate of a secondary school in a foreign country or who has equivalent preparation in a foreign country, may be admitted to a campus as a first-time freshman if the applicant's preparation and ability are such that in the judgment of the appropriate campus authority, the probability of the applicant's academic success at the campus is equivalent to that of students eligible under Section 40753.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
Note • History
An applicant who has attained the age of 25 years and is a high school graduate may be admitted to a campus as an adult student if the applicant's preparation and ability are such that in the judgment of the appropriate campus authority, the probability of the applicant's academic success at the campus is equivalent to that of students eligible under Section 40753, and the applicant demonstrates competence in entry-level skills as defined in Section 40402.1.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66021, 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
3. Amendment filed 8-11-82; effective thirtieth day thereafter (Register 82, No. 33).
4. Amendment filed 10-4-2000; operative 10-4-2000. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2000, No. 48).
Note • History
An applicant who is not otherwise eligible under the provisions of this Article may be admitted to a campus as a first-time freshman if the applicant is an “eligible veteran” as that term is defined in subdivision (a) (1) of Section 1652, Title 38, United States Code and if the applicant is a California resident. The Chancellor is authorized to establish and from time to time to revise procedures appropriate for the administration of this section.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. New section filed 12-13-71; effective thirtieth day thereafter (Register 71, No. 51).
2. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§40757. Admission to Curricula of Less Than Four Years in Length.
Note • History
Campuses authorized to maintain curricula of less than four years in length may admit to such curricula students who meet admission requirements authorized in approval of the curricula by the Board of Trustees.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
Note • History
A high school student may be admitted to a campus prior to graduation from high school for the purpose of enrolling in a special program, when the student is recommended for admission by the principal of the high school and the student's preparation and ability are such that in the judgment of the appropriate campus authority, the probability of the student's academic success at the campus is equivalent to that of students under Section 40753. Such admission is only for such special program.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
Note • History
Notwithstanding any other provision of this Subchapter; the Chancellor may, for the purpose of recognizing applicants whose high school academic achievement has been outstanding, authorize campuses to issue an early admission commitment to such applicants conditional upon earning the high school diploma or its equivalent. The Chancellor shall establish criteria for determining eligibility for such early admission commitment.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. New section filed 10-18-79; effective thirtieth day thereafter (Register 79, No. 42). For prior history, see Registers 77, No. 51; 77, No. 18; 72, No. 35 and 68, No. 19.
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§40760. Fee Waivers for California Residents Sixty Years of Age or Older.
Note • History
(a) The Chancellor may approve the establishment of programs to waive or reduce certain registration and user fees for California residents who are 60 years of age or older on the date of residence determination, subject to the following conditions:
(1) Enrollment shall be limited to qualified persons who are residents, as defined by Education Code Section 68017, and are 60 years of age or older on the residence determination date;
(2) Persons enrolling in the program shall be registered last, after regular students have been registered for classes;
(3) No special classes limited to or designed particularly for senior citizens shall be established;
(4) Fee waivers authorized pursuant to this section shall not be in place of fee waivers for disadvantaged students.
(b) The Chancellor is authorized to approve the phase-in of programs under this section over not less than a three-year period commencing January 1, 1980, except that programs existing on July 1, 1979 may be continued as programs under this section.
(c) The Chancellor is authorized to establish such rules and procedures as may be necessary for the administration of this section.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. New section filed 10-18-79; effective thirtieth day thereafter (Register 79, No. 42).
2. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
Article 5. Admission As an Undergraduate Transfer
§40800. Scope of Article. [Repealed]
Note • History
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. New Article 5 (“S” 40800 through 40807) filed 1-27-65; effective thirtieth day thereafter (Register 65, No. 2). Former Article 5 renumbered Article 6.
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Repealer filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§40801. Alternative Bases for Admission.
Note • History
An applicant may be admitted to a campus as an undergraduate transfer only upon satisfaction of the requirements of Section 40802 and of any of the following sections of this article: 40803, 40803.1, 40804, 40805, 40806, 40807.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§40802. Entrance Examinations.
Note • History
The appropriate campus authority shall determine whether or not entrance examinations shall be required of applicants for admission as undergraduate transfers for a particular semester or quarter. With respect to campuses at which such examinations are required, an applicant for admission as an undergraduate transfer shall be required to submit, or to have submitted on the applicant's behalf, his or her score on the American College Test or the Scholastic Aptitude Test, whichever is required by the president of the campus; provided, that any applicant who is redirected to a campus where such examinations are required, may submit, or have submitted on the applicant's behalf, to the campus to which the applicant is redirected, his or her score on the test required by the president of the campus from which the applicant was redirected; and provided further, that any applicant who is redirected to a campus at which such examinations are required from a campus at which they are not required, shall not be required to submit or to have submitted on the applicant's behalf, his or her score on such an examination.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§40802.1. English Language Examination.
Note • History
To be admitted to a campus as an undergraduate transfer student, an applicant who has not attended for at least three years an educational institution at the secondary level or beyond where English is the principal language of instruction must receive a minimum score of 500 on the Test of English as a Foreign Language (TOEFL). Appropriate campus authority may prescribe a higher minimum score, based on such campus factors as the nature of the instruction offered, availability of instruction in English as a second language, student enrollment demand, and availability of funds. Achieving the minimum score shall be evidence of the applicant's English competency at a level which will allow the applicant to participate satisfactorily in and benefit from university study.Exceptions may be granted by the appropriate campus authority when there is convincing evidence that the applicant's competence in English is at a level which will allow satisfactory participation in and benefit from university study.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. New section filed 1-12-83; effective thirtieth day thereafter (Register 83, No. 3).
§40803. Applicants Who Are California Residents and Who Have Completed the Prescribed Number of Units of College Credit.
Note • History
(a) An applicant who is a resident of California may be admitted to a campus as an undergraduate transfer, upon satisfaction of the requirements of subdivisions (1), (2), and (4) or (1), (3), and (4), as appropriate:
(1) Commencing with admissions to the fall term 2000, the applicant has completed satisfactorily at least 30 semester (45 quarter) units in courses at a level at least equivalent to General Education-Breadth courses, including courses in written communication in the English language, oral communication in the English language, critical thinking, and mathematics and quantitative reasoning;
(2) For admission prior to fall term 2005, the applicant has attained a grade point average of 2.0 (grade of C) or better in at least 56 semester (84 quarter) units of transferable college credit;
(3) Commencing with admission to the fall term 2005, the applicant has attained a grade point average of 2.0 (grade of C) or better in at least 60 semester (90 quarter) units of transferable college credit;
(4) The applicant was in good standing at the last college attended.
(b) Commencing with admission to the fall term 2006, an applicant who has attended a California community college and who has committed to a major and campus of the California State University before earning more than 45 semester (68 quarter) units will receive the highest priority for admission to that campus and major if the applicant has completed successfully the systemwide lower-division transfer pattern for that major and the campus-specific lower-division transfer pattern for that major and campus, as defined in Section 40530. “Highest priority” as used herein means a guarantee of admission subject to enrollment demand, available space, and satisfactory completion of any impaction criteria for that campus and major.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Registers 72, No. 35 and 70, No. 8.
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
3. Amendment filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32.)
4. Amendment of subsections (a) and (b) filed 9-3-87; operative 10-3-87 (Register 87, No. 36).
5. Amendment of first paragraph and subsection (a), new subsection (b) and subsection relettering filed 9-21-99; operative 10-21-99. Submitted to OAL for printing only (Register 2000, No. 29).
6. Amendment of section heading and section filed 5-5-2003; operative 2-28-2003. Submitted to OAL for printing only (Register 2003, No. 40).
7. Redesignation and amendment of first paragraph as subsection (a), redesignation of former subsections (a)-(d) as subsections (a)(1)-(a)(4) and new subsection (b) filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
§40803.1. Applicants Who Are Not California Residents and Who Have Completed the Prescribed Number of Units of College Credit.
Note • History
(a)An applicant who is not a resident of California may be admitted to a campus as an undergraduate transfer upon satisfaction of the requirements of subdivisions (1), (2), and (4) or (1), (3), and (4), as appropriate:
(1) Commencing with admission to the fall term 2000, the applicant has completed satisfactorily at least 30 semester (45 quarter) units in courses at a level at least equivalent to General Education-Breadth courses, including courses in written communication in the English language, oral communication in the English language, critical thinking, and mathematics and quantitative reasoning;
(2) For admission prior to fall term 2005, the applicant has completed at least 56 semester (84 quarter) units of transferable college credit and has attained a grade point average in all units of transferable college credit which places the applicant among the upper one-half of eligible California residents who are applicants for admission under Section 40803, the required minimum grade point average to be determined by the Chancellor;
(3) Commencing with admission to the fall term 2005, the applicant has attained a grade point average of 2.0 (grade of C) or better in at least 60 semester (90 quarter) units of transferable college credit and has attained a grade point average in all units of transferable college credit which places the applicant among the upper one-half of eligible California residents who are applicants for admission under, the required minimum Section 40803 grade point average to be determined by the Chancellor;
(4) The applicant was in good standing at the last college attended.
(b) Commencing with admission to the fall term 2006, an applicant who has attended a California community college and who has committed to a major and campus of the California State University before earning more than 45 semester (68 quarter) units will receive the highest priority for admission to that campus and major if the applicant has completed successfully the systemwide lower-division transfer pattern for that major and the campus-specific lower-division transfer pattern for that major and campus, as defined in Section 40530. “Highest priority” as used herein means a guarantee of admission subject to enrollment demand, available space, and satisfactory completion of any impaction criteria for that campus and major.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Registers 73, No. 35; 72, No. 35; 70, No. 8.
2. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
3. Amendment filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32.)
4. Amendment of subsections (a) and (b) filed 9-3-87; operative 10-3-87 (Register 87, No. 36).
5. Amendment of first paragraph and subsection (a), new subsection (b) and subsection relettering filed 9-21-99; operative 10-21-99. Submitted to OAL for printing only (Register 2000, No. 29).
6. Amendment of section heading and section filed 5-5-2003; operative 2-28-2003. Submitted to OAL for printing only (Register 2003, No. 40).
7. Redesignation and amendment of first paragraph as subsection (a), redesignation of former subsections (a)-(d) as subsections (a)(1)-(a)(4) and new subsection (b) filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
§40804. Applicants Who Were Eligible for Admission As First-Time Freshmen and Who Have Completed Fewer Than the Prescribed Number of Units of College Credit.
Note • History
An applicant who has completed fewer than 56 semester (84 quarter) units of college credit for admission prior to fall term 2005 and fewer than 60 semester (90 quarter) units of college credit commencing with admission to the fall 2005 term may be admitted to a campus as an undergraduate transfer upon satisfaction of the requirements of each of the following lettered subdivisions:
(a) The applicant was eligible for admission to a campus as a first-time freshman, either
(1) on the basis of the admission requirements in effect at the time of the application, other than the provisions of Sections 40757, 40758, 40900, or 40901, and including satisfactory completion of the comprehensive pattern of college preparatory subjects as defined in subsection (n) of Section 40601 or an alternative program determined by the Chancellor to be equivalent; or
(2) on the basis of the admission requirements in effect at the time of the applicant's graduation from high school, other than the provisions of Sections 40757, 40758, 40900, or 40901, including satisfactory completion of any college preparatory course requirements in effect at that time or an alternative program determined by the Chancellor to be equivalent, if the applicant has been in continuous attendance at a college since graduation;
(b) The applicant has attained a grade point average of 2.0 (grade of C) or better in all transferable college units attempted;
(c) The applicant was in good standing at the last college attended.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Registers 73, No. 25 and 72, No. 35.
2. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
3. Amendment filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
4. Amendment filed 9-3-87; operative 10-3-87 (Register 87, No. 36).
5. Amendment of section heading and first paragraph filed 5-5-2003; operative 2-28-2003. Submitted to OAL for printing only (Register 2003, No. 40).
§40804.1. Applicants Who Were Ineligible for Admission As First-Time Freshmen for Failure to Meet Course Requirements and Who Have Completed Fewer Than the Prescribed Number of Units of College Credit.
Note • History
An applicant who has completed fewer than 56 semester (84 quarter) units of college credit for admission prior to fall term 2005 and fewer than 60 semester (90 quarter) units of college credit commencing with admission to the fall 2005 term and who was not eligible for admission to a campus as a first-time freshman solely because of failure to complete satisfactorily the comprehensive pattern of college preparatory subjects defined in subdivision (n) of Section 40601 or an alternative program determined by the Chancellor to be equivalent may be admitted to a campus as an undergraduate transfer upon satisfaction of each of the following lettered subdivisions:
(a) Except for satisfactory completion of the comprehensive pattern of college preparatory subjects defined in subdivision (n) of Section 40601 or an acceptable alternative program, the applicant who was eligible for admission to a campus as a first-time freshman, either
(1) on the basis of the admission requirements in effect at the time of the application, other than the provisions of Sections 40757, 40758, 40900, or 40901; or
(2) on the basis of the admission requirements in effect at the time of the applicant's graduation from high school, other than the provisions of Sections 40757, 40758, 40900, or 40901, if the applicant has been in continuous attendance at a college since graduation;
(b) Subsequent to high school graduation, the applicant has completed satisfactorily whatever college preparatory course requirements were in effect at the time of the applicant's graduation from high school, or an alternative program determined by the Chancellor to be equivalent;
(c) The applicant has attained a grade point average of 2.0 (a grade of C) or better in all transferable college units attempted;
(d) The applicant was in good standing at the last college attended.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. New section filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
2. Amendment filed 9-3-87; operative 10-3-87 (Register 87, No. 36).
3. Amendment of section heading and first paragraph filed 5-5-2003; operative 2-28-2003. Submitted to OAL for printing only (Register 2003, No. 40).
§40805. Applicants with Particular Majors.
Note • History
An applicant not eligible under Section 40804 or 40804.1 may be admitted to a campus as an undergraduate transfer upon satisfaction of the requirements of each of the following subdivisions:
(a) The applicant has completed satisfactorily the comprehensive pattern of college preparatory subjects defined in subsection (n) of Section 40601 or an alternative program determined by the Chancellor to be equivalent;
(b) The degree objective is such that at least 56 semester (84 quarter) units for admission prior to fall term 2005 and at least 60 semester (90 quarter) units commencing with admission to the fall 2005 term, or the equivalent, of appropriate course work are not offered at the college from which the applicant seeks to transfer;
(c) The applicant has completed that portion of the curricular program required by the campus for the degree objective, as is offered at the college from which the applicant seeks to transfer;
(d) The applicant has attained a grade point average of 2.0 (grade of C) or better in all transferable college work attempted;
(e) The applicant was in good standing at the last college attended.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Registers 73, No. 25 and 72, No. 35.
2. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
3. Amendment filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
4. Amendment of subsection (a) filed 9-3-87; operative 10-3-87 (Register 87, No. 36).
5. Amendment of subsection (b) filed 5-5-2003; operative 2-28-2003. Submitted to OAL for printing only (Register 2003, No. 40).
Note • History
An applicant who is not eligible for admission as a first-time freshman on the basis of the admission requirements in effect at the time of application for admission as an undergraduate transfer, who has not completed 56 semester (84 quarter) units of college credit for admission prior to fall term 2005 and 60 semester (90 quarter) units of college credit commencing with admission to the fall 2005 term, and who is not otherwise eligible under the provisions of this Article, may be admitted to a campus as an undergraduate transfer; provided, that the applicant is an “eligible veteran” as that term is defined in subdivision (a)(1) of Section 3452, Title 38, United States Code and if the applicant is a California resident. The Chancellor is authorized to establish and from time to time revise procedures appropriate for the administration of this section.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. New section filed 12-13-71; effective thirtieth day thereafter (Register 71, No. 51).
2. Amendment filed 6-21-73; effective thirtieth day thereafter (Register 73, No. 25)
3. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
4. Amendment filed 5-5-2003; operative 2-28-2003. Submitted to OAL for printing only (Register 2003, No. 40).
Note • History
An applicant who does not meet the requirements of Sections 40803, 40804 and 40805, but who is eligible for admission as a first-time freshman on the basis of the admission requirements in effect at the time of the application for admission as an undergraduate transfer, other than the provisions of Section 40759, or who has completed 56 semester (84 quarter) units of transferable college credit for admission prior to fall term 2005 and 60 semester (90 quarter) units of transferable college credit commencing with admission to the fall 2005 term, may be admitted to a campus as an undergraduate transfer, if in the judgment of the appropriate campus authority, the applicant can succeed at the campus.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Registers 73, No. 25 and 72, No. 35.
2. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
3. Amendment filed 5-5-2003; operative 2-28-2003. Submitted to OAL for printing only (Register 2003, No. 40).
Note • History
An applicant who has attained the age of 25 years and is a high school graduate may be admitted to a campus as an adult student (1) if the applicant was not enrolled as a full-time student for more than one academic term within the previous five years and (2) if for any college work completed during that five-year period the applicant received a “C” average (2.0) or better and (3) if the applicant's motivation, preparation, and ability are such that in the judgment of the appropriate campus authority the probability of academic success is equivalent to that of students eligible under Section 40803 and (4) if the applicant demonstrates competence in entry-level skills as defined in Section 40402.1.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66021, 66600 and 89030, Education Code.
HISTORY
1. New section filed 8-11-82; effective thirtieth day thereafter (Register 82, No. 33). For history of former section, see Registers 77, No. 51; 77, No. 18 and 73, No. 25.
2. Amendment filed 10-4-2000; operative 10-4-2000. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2000, No. 48).
§40808. Applicants Who Are Enrolled at Other Campuses.
Note • History
Notwithstanding any other provision of this Article, an applicant who is enrolled at a campus may be admitted to another campus at the discretion of appropriate campus authority of both campuses, if the applicant satisfies the requirements of each of the following lettered subdivisions. (For convenience of reference, the campus at which the student is enrolled is termed the “first campus,” and the campus to which the student seeks to be admitted is termed the “second campus.”)
(a) The student has completed at least one term at the first campus as a matriculated student and has earned at least 12 units there.
(b) The student has attained a grade point average of 2.0 (grade of C) in all work completed at the first campus and is in good standing at that campus.
The Chancellor shall establish procedures so that an applicant meeting the provisions of this section may be certified by the first campus as to eligibility, residence and health status. The second campus may require the applicant to submit additional information as needed. Admission under this section may be limited to a specified period of time or purpose to be determined by the second campus.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. New section filed 6-21-73; effective thirtieth day thereafter (Register 73, No. 25).
2. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
Article 6. Admission of Undergraduate Applicants Not Otherwise Eligible
Note • History
An applicant who is not otherwise eligible for admission as either a first-time freshman pursuant to Article 4 (commencing with Section 40751) or as a transfer student with fewer than 56 semester (84 quarter) units for admission prior to fall term 2005 and fewer than 60 semester (90 quarter) units commencing with admission to the fall 2005 term pursuant to Article 5 (commencing with Section 40801) may be admitted to a campus provided that the number of applicants enrolled in The California State University pursuant to this Section for any college year shall not exceed 4% of all undergraduate students who enrolled for the first time in The California State University during the previous college year exclusive of those who enrolled after being admitted under the provisions of this article. The Chancellor may prescribe, and may from time to time revise, procedures for the administration of this Section.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. New Article 5.5 (Sections 40900-40901) filed 12-13-77; effective thirtieth day thereafter (Register 77, No. 51).
2. Renumbering of Article 5.5 (Sections 40900 and 40901) to Article 6; renumbering of former Article 6 (Sections 41000-41050, not consecutive) to Article 8 and amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
3. Amendment filed 5-5-2003; operative 2-28-2003. Submitted to OAL for printing only (Register 2003, No. 40).
4. Amendment filed 9-3-2004; operative 9-3-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
§40901. Exceptions for Applicants to Special Compensatory Programs.
Note • History
(a) An applicant who is not otherwise eligible for admissions either as a first-time freshman pursuant to Article 4 (commencing with Section 40751) or as a transfer student with fewer than 56 semester (84 quarter) units for admission prior to fall term 2005 and fewer than 60 semester (90 quarter) units commencing with admission to the fall 2005 term pursuant to Article 5 (commencing with Section 40801) may be admitted to a campus provided that he or she is a disadvantaged applicant for whom special compensatory assistance is available, and provided further that the number of applicants enrolled in The California State University pursuant to this Section for any college year shall not exceed 4% of all undergraduate students enrolled for the first time in The California State University during the previous college year exclusive of those who enrolled after being admitted under the provisions of this article. The Chancellor may establish, and may from time to time revise, procedures for the administration of this Section.
(b) As used in this Section, the term “disadvantaged applicant” means an applicant who comes from a low-income family, who has the potential to perform satisfactorily on the college level, but who has been and appears to be unable to realize that potential without special assistance because of economic, or educational background.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
2. Amendment of subsection (a) filed 5-5-2003; operative 2-28-2003. Submitted to OAL for printing only (Register 2003, No. 40).
3. Amendment of subsection (b) and Note filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
Article 7. Admission to Bachelor of Music and Bachelor of Fine Arts Degree Programs
§40905. Admission to Bachelor of Music and Bachelor of Fine Arts Degree Programs.
Note • History
An applicant may be admitted to the Bachelor of Music degree program or Bachelor of Fine Arts degree program if the applicant qualifies for admission under this Subchapter and if the applicant, in the judgment of the campus, demonstrates unusual artistic talent.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. New Article 7 (Section 40905) filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
Article 8. Admission of Post-Baccalaureate and Graduate Students
§41000. Admission to Post-Baccalaureate Standing: Unclassified.
Note • History
(a) An applicant may be admitted to a campus as an unclassified post-baccalaureate student if the applicant satisfies the requirements of each of the three following numbered subdivisions:
(1) The applicant holds an acceptable baccalaureate degree earned at an institution accredited by a regional accrediting association, or the applicant has completed equivalent academic preparation as determined by the appropriate campus authority; and
(2) The applicant has satisfied any one of the following three lettered conditions:
(A) The applicant has attained a grade point average of at least 2.5 in an acceptable earned baccalaureate degree,
(B) The applicant has attained a grade point average of at least 2.5 in the last 60 semester units (90 quarter units) attempted;
(C) The applicant holds an acceptable post-baccalaureate degree earned at an institution accredited by a regional accrediting association;
(3) And the applicant was in good standing at the last institution of higher education attended.
(b) A post-baccalaureate applicant may be admitted to a campus state-support baccalaureate nursing program. A campus shall not disqualify or prohibit any student who possesses a baccalaureate or higher degree from enrolling in and completing a state-support baccalaureate degree nursing program on the sole basis of that student's possession of the previously earned degree.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89267.3, Education Code. Reference: Sections 66600, 89030 and 89267.3, Education Code.
HISTORY
1. Former Article 5 renumbered Article 6 (Register 65, No. 2).
2. Amendment of subsection (a) filed 12-29-70; effective thirtieth day thereafter (Register 71, No. 1).
3. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
4. Repealer and new section filed 7-26-74; effective thirtieth day thereafter (Register 74, No. 30).
5. Renumbering of Article 6 (Sections 41000-41050, not consecutive) to Article 8 and amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
6. Amendment of first paragraph filed 8-11-2008; operative 8-11-2008. Submitted to OAL for printing only pursuant to Education Code section 89030 (Register 2008, No. 33).
7. Amendment filed 9-10-2008; operative 9-10-2008. Submitted to OAL for printing only pursuant to Education Code section 890301 (Register 2008, No. 37).
8. Amendment of section and Note filed 3-12-2012; operative 3-12-2012. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2012, No. 11).
Note • History
An applicant who does not qualify for admission under the provisions of subdivisions (a) or (b), or both such subdivisions, of Section 41000, may be admitted by special action if on the basis of acceptable evidence the applicant is judged by appropriate campus authority to possess sufficient academic, professional and other potential pertinent to the applicant's educational objectives to merit such action.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 12-29-70; effective thirtieth day thereafter (Register 71, No. 1).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Repealer and new section filed 7-26-74; effective thirtieth day thereafter (Register 74, No. 30).
4. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§41002. Admission to Post-Baccalaureate Standing: Classified.
Note • History
An applicant who is eligible for admission under the provisions of either Section 41000 or Section 41001 may be admitted to classified post-baccalaureate standing for the purpose of enrolling in a particular post-baccalaureate credential or certificate program, if the applicant satisfies such additional professional, personal, scholastic and other standards, including qualifying examinations as may be prescribed for the particular program by the appropriate campus authority.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. New section filed 7-26-74; effective thirtieth day thereafter (Register 74, No. 30).
2. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§41010. Admission to Graduate Standing: Conditionally Classified.
Note • History
An applicant who is eligible for admission under the provisions of either Section 41000 or Section 41001, but who has deficiencies in prerequisite preparation which in the opinion of the appropriate campus authority can be met by specified additional preparation, including qualifying examinations, may be admitted to an authorized graduate degree curriculum with conditionally classified graduate standing.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. New section filed 7-26-74; effective thirtieth day thereafter (Register 74, No. 30).
2. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§41011. Admission to Graduate Standing: Classified.
Note • History
An applicant who is eligible for admission under the provisions of either Section 41000 or Section 41001 may be admitted to an authorized graduate degree curriculum of the campus as a classified graduate student if the applicant satisfactorily meets the professional, personal, scholastic, and other standards for admission to the graduate degree curriculum, including qualifying examinations, as the appropriate campus authority may prescribe. Only those applicants who show promise of success and fitness will be admitted to graduate degree curricula, and only those who continue to demonstrate a satisfactory level of scholastic competence and fitness shall be eligible to continue in such curricula.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. New section filed 7-26-74; effective thirtieth day thereafter (Register 74, No. 30).
2. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§41020. Admission to Doctor of Education Programs.
Note • History
(a) An applicant may be admitted with classified graduate standing to a program leading to a Doctor of Education degree established pursuant to Section 40511 if the applicant satisfies the requirements of each of the following numbered subdivisions:
(1) The applicant holds an acceptable baccalaureate degree earned at an institution accredited by a regional accrediting association, or the applicant has completed equivalent academic preparation as determined by the appropriate campus authority.
(2) The applicant holds an acceptable master's degree earned at an institution accredited by a regional accrediting association, or the applicant has completed equivalent academic preparation as determined by the appropriate campus authority.
(3) The applicant has attained a cumulative grade point average of at least 3.0 in upper-division and graduate study combined.
(4) The applicant is in good standing at the last institution of higher education attended.
(5) The applicant has demonstrated sufficient preparation and experience pertinent to educational leadership to benefit from the program.
(6) The applicant has met any additional requirements established by the Chancellor in consultation with the faculty and any additional requirements prescribed by the appropriate campus authority.
(b) An applicant who does not qualify for admission under the provisions of subdivision (a) may be admitted with classified graduate standing by special action if on the basis of acceptable evidence the applicant is judged by the appropriate campus authority to possess sufficient academic and professional potential pertinent to educational leadership to merit such action.
(c) An applicant who is ineligible for admission under the provisions of either subdivision (a) or subdivision (b) because of deficiencies in prerequisite preparation that in the opinion of the appropriate campus authority can be rectified by specified additional preparation, including examinations, may be admitted with conditionally classified graduate standing. The student shall be granted classified graduate standing upon rectification of the deficiencies.
(d) Only those students who continue to demonstrate a satisfactory level of scholastic competence and fitness shall be eligible to continue in Doctor of Education programs.
NOTE
Authority cited: Sections 66600, 66040.3, 89030 and 89035, Education Code. Reference: Sections 66040.3, 66600 and 89030, Education Code.
HISTORY
1. New section filed 7-27-2006; operative 7-27-2006. Submitted to OAL for printing only (Register 2006, No. 37).
§41021. Admission to Doctor of Nursing Practice Programs.
Note • History
An applicant may be admitted with classified graduate standing to a program leading to a Doctor of Nursing Practice degree established pursuant to Section 40513 if the applicant satisfies the requirements of each of the following numbered subdivisions:
(1) The applicant holds an acceptable master's degree earned at an institution accredited by a regional accrediting association and a national professional accrediting association, as applicable; or the applicant has completed equivalent academic preparation as determined by the appropriate campus authority.
(2) The applicant has attained a cumulative grade point average of at least 3.0 in an acceptable master's degree program as determined by the appropriate campus authority.
(3) The applicant maintains active licensure to practice as a registered nurse in the state in which practicum experiences will be completed.
(4) The applicant meets all requirements for credentialing or certification eligibility as appropriate to the nursing specialty area.
(5) The applicant has demonstrated sufficient preparation and experience pertinent to advanced nursing practice to be successful in doctoral education.
(6) The applicant has met any additional requirements established by the chancellor and any additional requirements prescribed by the appropriate campus authority.
NOTE
Authority cited: Sections 66600, 89030, 89035, 89280, 89281, 89283 and 89284, Education Code. Reference: Sections 66600, 89030, 89280, 89281, 89283 and 89284, Education Code.
HISTORY
1. New section filed 8-15-2011; operative 8-15-2011. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2011, No. 33).
§41022. Admission to Doctor of Physical Therapy Programs.
Note • History
(a) An applicant may be admitted with classified graduate standing to a program leading to a Doctor of Physical Therapy degree established pursuant to Section 40515 if the applicant satisfies the requirements of each of the following numbered subdivisions:
(1) The applicant holds an acceptable baccalaureate degree earned at an institution accredited by a regional accrediting association, or the applicant has completed equivalent academic preparation as determined by the appropriate campus authority.
(2) The applicant has completed all required prerequisite coursework for the campus program(s) to which the applicant has applied with a cumulative grade point average of at least 3.00.
(3) The applicant must have been in good academic, professional and clinical standing at the last institution and if applicable, in the last entry-level physical therapist educational program attended.
(4) The applicant has met any additional requirements established by the chancellor in consultation with the faculty and any additional requirements prescribed by the appropriate campus authority.
(b) Only those students who continue to demonstrate a satisfactory level of scholastic, professional, and clinical competence shall be eligible to continue in Doctor of Physical Therapy programs.
NOTE
Authority cited: Sections 66042, 66600, 89030 and 89035, Education Code. Reference: Sections 66042, 66600, 89030 and 89035, Education Code.
HISTORY
1. New section filed 8-15-2011; operative 8-15-2011. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2011, No. 33).
§41030. Applicants Who Are Enrolled at Other Campuses.
Note • History
Notwithstanding any other provision of this Article, an applicant who is enrolled as a graduate student at a campus may be admitted to another campus at the discretion of appropriate campus authorities of both campuses if the applicant satisfies the requirements of each of the following lettered subdivisions. (For convenience of reference, the campus at which the student is enrolled is termed the “first campus,” and the campus to which the student seeks to be admitted is termed the “second campus.”)
(a) The student has completed at least one term at the first campus as a matriculated student or will be enrolled concurrently in such status.
(b) The student has been admitted to or is enrolled in an authorized graduate program at the first campus.
(c) The student was in good standing at the last college attended. The Chancellor shall establish procedures whereby an applicant meeting the provisions of this section may be certified by the first campus as to eligibility, residence and health status. The second campus may require the applicant to submit additional information as needed, and admission under this section may be for a specified period of time or purpose to be determined by the second campus.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. New section filed 6-21-73; effective thirtieth day thereafter (Register 73, No. 25).
2. Renumbering from 41002 filed 7-26-74; effective thirtieth day thereafter (Register 74, No. 30).
3. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§41040. English Language Examination.
Note • History
To be admitted to a campus as a postbaccalaureate or graduate student, an applicant who does not possess a baccalaureate degree from a postsecondary institution where English is the principal language of instruction must receive a minimum score of 550 on the Test of English as a Foreign Language (TOEFL). Appropriate campus authority may prescribe a higher minimum score, based on such campus factors as the nature of the instruction offered, availability of instruction in English as a second language, student enrollment demand, and availability of funds. Achieving the minimum score shall be evidence of the applicant's English competency at a level which will allow the applicant to participate satisfactorily in and benefit from university study. Exceptions may be granted by the appropriate campus authority when there is convincing evidence that the applicant's competence in English is at a level which will allow satisfactory participation in and benefit from university study.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. New section filed 1-12-83; effective thirtieth day thereafter (Register 83, No. 3).
2. Organizational headings of CCR were renamed as a result of CCR Reformat Project as follows: “Part” was renamed to “Division.”
§41050. Campus Admission Requirements.
Note • History
Each campus shall establish and announce admission requirements appropriate for each of its graduate degree and post-baccalaureate programs; such requirements may be greater than but not less than the requirements set forth in Section 41000.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. New section filed 7-26-74; effective thirtieth day thereafter (Register 74, No. 30).
2. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
Article 9. Requirements for Admission to Teacher Basic Credential Programs and Student Teaching and Recommendation for Teaching Credential
§41100. Admission to Teacher Education Basic Credential Program.
Note • History
To be admitted to a teacher education basic credential program, a candidate for admission shall be evaluated by the campus as provided in subsection (a) and shall be determined to have satisfied all entrance requirements of the California State University as provided in this section.
(a) Evaluation Procedure. When a candidate requests admission to a teacher education basic credential program, the campus shall evaluate the candidate and review the candidate's record in accordance with the review and evaluation procedures established at the campus. The teacher education faculty shall be involved in this review and evaluation. The decision of the campus resulting from this evaluation shall be final.
(b) Evaluation Standards. Requirements for admission to a teacher education basic credential program shall be prescribed by the Chancellor, after appropriate consultation, and shall include the following:
(1) Scholarship. The candidate shall have attained a grade point average that is equal to or greater than a standard established by the Chancellor in consultation with the faculty. That standard shall ensure that successful candidates will have demonstrated academic achievement that places them in the upper half of a comparable student population, in conformity with criteria adopted by the California Commission on Teacher Credentialing.
(2) Prerequisite Courses and Field Experience. The candidate shall have successfully completed at least one documented field experience as prescribed by the Chancellor and other prerequisite courses prescribed by the campus.
(3) Professional Aptitude. The candidate shall demonstrate suitable aptitude for teaching in public schools, as determined by the campus. The procedures for making this determination shall include interviews and letters of recommendation.
(4) Physical Fitness. The candidate shall satisfy the standards of health and physical fitness required by the Commission on Teacher Credentialing.
(5) Fundamental Skills. The candidate shall demonstrate proficiency in fundamental skills. Fundamental skills shall include written and spoken English. The Chancellor may require the demonstration of proficiency in additional fundamental skills for entrance to or continuation in a basic credential program. The campus shall determine whether the evidence of proficiency is acceptable.
(6) Personality and Character. The candidate shall demonstrate personality and character traits that satisfy the standards of the teaching profession. The assessment of the candidate shall be made by the teacher education faculty of the campus, who may also consider information from public school personnel and others. Tests, observations, and interviews may be employed by the campus for this assessment.
(c) Exceptions. The campus may admit a candidate to a teacher education program as an exception when the candidate has not met one or more of the requirements if the candidate possesses compensating strengths in other required areas. A campus may grant exceptions that are conditioned on satisfaction of requirements within a specified time period. The campus shall limit the number of exceptional admissions to teacher education programs in the current year to a number no greater than 15 percent of those regularly admitted to the campus teacher education program in the current or previous year.
(d) The evaluation standards established by the Chancellor may vary with the type of basic credential program to which admission is sought. The standards may be based, as appropriate, on one or more of the following: undergraduate class standing or post-baccalaureate standing; completion of, partial completion of, or enrollment in an approved subject matter program; submission of examination scores or passage of one or more examinations; possession of a certificate of clearance; offer of employment as an intern teacher in a collaborating district.
(e) A candidate who has been determined by a campus to meet the minimum standards for entrance to a basic credential program shall be considered to be eligible for admission to a basic credential program of the same type that is offered by any other California State University campus and that is not impacted pursuant to Sections 40650 and 40651.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. Former Article 6 renumbered Article 7 (Register 65, No. 2).
2. Amendment of subsections (a) and (c) filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Renumbering of Article 7 (Sections 41100 and 41101) to Article 9 and amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
4. Repealer of Article 9 (Sections 41100 and 41101) and new Article 9 (Sections 41100-41104) filed 10-28-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 44).
5. Amendment filed 6-12-98; operative 6-12-98. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 98, No. 31).
6. Amendment filed 8-11-2000; operative 8-11-2000. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2000, No. 39).
§41101. Continuation in Teacher Education Basic Credential Program.
Note • History
Once admitted to a teacher education basic credential program of a campus, a student shall continue to satisfy the requirements for admission in Section 41100 and those prescribed by the campus. Should the campus determine that a student no longer satisfies these requirements or that a student who was admitted as an exception has failed to satisfy a condition of admission, the campus may, after notifying and counseling the student, discontinue the student's participation in the teacher education program.
A campus may establish additional criteria of satisfactory progress through the teacher education program. Should the campus determine that a student has not made satisfactory progress, the campus may, after notifying and counseling the student, discontinue the student's participation in the teacher education program.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. Amendment filed 6-12-98; operative 6-12-98. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 98, No. 31).
§41102. Recommendation for Teaching Credential.
Note • History
To be eligible for recommendation by the campus for a basic teaching credential, the candidate shall have satisfied the following requirements:
(a) The candidate shall have achieved a minimum grade point average of 3.0 on a four-point scale in all classes attempted in professional education courses after entering the program.
(b) The candidate shall have met campus standards for completion of a supervised teaching experience, including a teaching experience in a multicultural setting.
(c) The candidate shall have successfully completed all credential requirements of the Education Code and Part VIII of Title 5 of the California Code of Regulations.
(d) The candidate shall have satisfied all competence standards of the campus in the following categories: fundamental skills, the appropriate subject matter, instructional procedures, classroom management, and professional attitudes.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. Repealer of former section 41102 and renumbering and amendment of former section 41103 to new section 41102 filed 6-12-98; operative 6-12-98. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 98, No. 31).
§41103. Office of the Chancellor.
Note • History
The Chancellor shall provide guidance to the campuses of the California State University concerning the requirements of this Article 9 and administrative direction in the implementation of the provisions of this article in the California State University.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. Renumbering of former section 41103 to new section 41102 and renumbering and amendment of former section 41104 to new section 41103 filed 6-12-98; operative 6-12-98. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 98, No. 31).
2. Amendment filed 8-11-2000; operative 8-11-2000. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2000, No. 39).
§41104. Office of the Chancellor.
Note • History
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
HISTORY
1. Renumbering of former section 41104 to new section 41103 filed 6-12-98; operative 6-12-98. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 98, No. 31).
Article 10. Admission for Employee Training and Career Development
§41110. Admission for Employee Training and Career Development.
Note • History
Full-time permanent or probationary employees as defined in Section 41804 or permanent part-time employees who are not admitted to a campus pursuant to the admission requirements of this subchapter may be admitted to a campus for the purpose of enrolling in courses which meet the requirements of and are approved pursuant to Section 41804 subject to rules prescribed by the Chancellor or designee. Such admission shall be only for the purpose of enrolling in such courses.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. New Article 10 (Section 41110) filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
Article 11. Physical Examinations
§41200. Health Screening Programs.
Note • History
Except as hereinafter provided, each campus may establish for regular students a health screening program, including a requirement for a physical examination, as a condition for matriculation or continued attendance. If the parent or guardian of a minor student, or a student who has reached his or her eighteenth birthday, submits in writing a statement that a physical examination is contrary to the religious beliefs of such student, the student shall be exempt from such physical examination other than that required by the campus of students taking courses in student teaching or other teacher-education laboratory in the public schools. Whenever a campus physician has reason to believe that any student is suffering from an infectious or contagious disease that poses a significant health hazard to persons on the campus, such student shall not be permitted to attend at the campus. If admitted students do not comply with any campus health screening policy before arrival on campus, appropriate campus medical personnel are authorized to conduct physical examinations, laboratory tests or radiological examinations, diagnose and treat such students as necessary to ensure compliance with campus health screening requirements prior to registration or enrollment.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Former Article 7 renumbered Article 8 (Register 65, No. 2).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3).
4. Renumbering of Article 8 (Sections 41200 and 41200.1) to Article 11 filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§41200.1. Exemption for Enrollment at Other Campuses.
Note • History
The requirement of a physical examination may be waived by a campus for students whose enrollment at that campus is pursuant to Section 40808 or Section 41030.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. New section filed 6-21-73; effective thirtieth day thereafter (Register 73, No. 25).
2. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
Article 12. Supplemental Information
§41201. Supplemental Information.
Note • History
A campus may require of each applicant for admission that the applicant furnish the campus with his or her social security number and other information concerning the applicant's identification which the campus requests.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. New section filed 12-29-70; effective thirtieth day thereafter (Register 71, No. 1).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Renumbering of Article 9 (Section 41201) to Article 12 and amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
Article 13. Admission Experiments
§41250. Admission Experiments.
Note • History
Notwithstanding any other provisions of this Subchapter, the Chancellor may authorize the admission of applicants for the purpose of conducting controlled admission experiments designed to provide improved bases for identifying applicants likely to profit from the instruction offered. All such programs including the criteria to be tested are subject to prior approval by the Chancellor and shall be reported to the Board annually.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. New section filed 6-18-75; effective thirtieth day thereafter (Register 75, No. 25).
2. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Renumbering of Article 10 (Section 41250) to Article 13 and amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
Subchapter 4. Student Affairs
Article 1. Scholastic Probation and Disqualification
§41300. Academic Probation and Disqualification.
Note • History
For purposes of determining a student's eligibility to remain at the campus both quality of performance and progress toward his or her objective shall be considered. Such eligibility shall be determined by use of grade points, and grade point average and by application of guidelines provided for in Section 41300.1.
Campuses shall adhere to the following criteria to ensure satisfactory student progress toward the degree:
(a) An undergraduate student shall be subject to probation if, in any academic term the student fails to maintain a cumulative grade point average of at least 2.0 (grade of C);
(b) An undergraduate student shall be subject to disqualification if the student's cumulative grade point balance displays a deficiency in excess of the number permitted for his or her class level pursuant to deficiency levels established by the Chancellor;
(c) An undergraduate student who is not on probation may be disqualified if at any time the student's cumulative grade point average falls below 1.0 (grade of D) and, in the opinion of the appropriate campus authority it is unlikely in light of the student's overall educational record, that the resultant grade point deficiency will be removed in subsequent terms.
(d) A student who is enrolled in a graduate degree program in conditionally classified or classified standing shall be subject to academic probation if the student fails to maintain a cumulative grade point average of at least 3.0 (grade of B) in all units attempted subsequent to admission to the program;
(e) A student who is enrolled in any post-baccalaureate status other than in conditionally classified or classified standing shall be subject to academic probation if the student fails to meet criteria established by the campus. Such criteria shall not be less than those established for undergraduate students;
(f) A graduate or post-baccalaureate student shall be subject to disqualification if while on probation the student fails to earn sufficient grade points to be removed from probationary status. Disqualification may be either from further registration in a particular program or from further enrollment at the campus as determined by appropriate campus authority.
A student disqualified for scholarship deficiency may not enroll in any regular session of the campus without permission from the appropriate campus authority, and may be denied admission to other educational programs operated or sponsored by the campus.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. New subsections (d), (e), and (f) filed 7-26-74; effective thirtieth day thereafter (Register 74, No. 30). For prior history, see Register 73, No. 41.
2. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment filed 5-31-79; effective thirtieth day thereafter (Register 79, No. 22).
4. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§41300.1. Administrative Academic Disqualification.
Note • History
An undergraduate or graduate student may also be placed on probation or may be disqualified by appropriate campus authorities for unsatisfactory scholastic progress regardless of cumulative grade point average or progress points. Such actions shall be limited to those arising from repeated withdrawal, failure to progress toward an educational objective and noncompliance with an academic requirement, and shall be consistent with guidelines issued by the Chancellor.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. New section filed 10-12-73; effective thirtieth day thereafter (Register 73, No. 41).
2. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
Article 2. Student Conduct
§41301. Standards for Student Conduct.
Note • History
(a) Campus Community Values
The University is committed to maintaining a safe and healthy living and learning environment for students, faculty, and staff. Each member of the campus community should choose behaviors that contribute toward this end. Students are expected to be good citizens and to engage in responsible behaviors that reflect well upon their university, to be civil to one another and to others in the campus community, and contribute positively to student and university life.
(b) Grounds for Student Discipline
Student behavior that is not consistent with the Student Conduct Code is addressed through an educational process that is designed to promote safety and good citizenship and, when necessary, impose appropriate consequences.
The following are the grounds upon which student discipline can be based:
(1) Dishonesty, including:
(A) Cheating, plagiarism, or other forms of academic dishonesty that are intended to gain unfair academic advantage.
(B) Furnishing false information to a University official, faculty member, or campus office.
(C) Forgery, alteration, or misuse of a University document, key, or identification instrument.
(D) Misrepresenting one's self to be an authorized agent of the University or one of its auxiliaries.
(2) Unauthorized entry into, presence in, use of, or misuse of University property.
(3) Willful, material and substantial disruption or obstruction of a University-related activity, or any on-campus activity.
(4) Participating in an activity that substantially and materially disrupts the normal operations of the University, or infringes on the rights of members of the University community.
(5) Willful, material and substantial obstruction of the free flow of pedestrian or other traffic, on or leading to campus property or an off-campus University related activity.
(6) Disorderly, lewd, indecent, or obscene behavior at a University related activity, or directed toward a member of the University community.
(7) Conduct that threatens or endangers the health or safety of any person within or related to the University community, including physical abuse, threats, intimidation, harassment, or sexual misconduct.
(8) Hazing, or conspiracy to haze. Hazing is defined as any method of initiation or pre-initiation into a student organization or student body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury to any former, current, or prospective student of any school, community college, college, university or other educational institution in this state (Penal Code 245.6), and in addition, any act likely to cause physical harm, personal degradation or disgrace resulting in physical or mental harm, to any former, current, or prospective student of any school, community college, college, university or other educational institution. The term “hazing” does not include customary athletic events or school sanctioned events.
Neither the express or implied consent of a victim of hazing, nor the lack of active participation in a particular hazing incident is a defense. Apathy or acquiescence in the presence of hazing is not a neutral act, and is also a violation of this section.
(9) Use, possession, manufacture, or distribution of illegal drugs or drug-related paraphernalia, (except as expressly permitted by law and University regulations) or the misuse of legal pharmaceutical drugs.
(10) Use, possession, manufacture, or distribution of alcoholic beverages (except as expressly permitted by law and University regulations), or public intoxication while on campus or at a University related activity.
(11) Theft of property or services from the University community, or misappropriation of University resources.
(12) Unauthorized destruction, or damage to University property or other property in the University community.
(13) Possession or misuse of firearms or guns, replicas, ammunition, explosives, fireworks, knives, other weapons, or dangerous chemicals (without the prior authorization of the campus president) on campus or at a University related activity.
(14) Unauthorized recording, dissemination, or publication of academic presentations (including handwritten notes) for a commercial purpose.
(15) Misuse of computer facilities or resources, including:
(A) Unauthorized entry into a file, for any purpose.
(B) Unauthorized transfer of a file.
(C) Use of another's identification or password.
(D) Use of computing facilities, campus network, or other resources to interfere with the work of another member of the University community.
(E) Use of computing facilities and resources to send obscene or intimidating and abusive messages.
(F) Use of computing facilities and resources to interfere with normal University operations.
(G) Use of computing facilities and resources in violation of copyright laws.
(H) Violation of a campus computer use policy.
(16) Violation of any published University policy, rule, regulation or presidential order.
(17) Failure to comply with directions or, or interference with, any University official or any public safety officer while acting in the performance of his/her duties.
(18) Any act chargeable as a violation of a federal, state, or local law that poses a substantial threat to the safety or well being of members of the University community, to property within the University community or poses a significant threat of disruption or interference with University operations.
(19) Violation of the Student Conduct Procedures, including:
(A) Falsification, distortion, or misrepresentation of information related to a student discipline matter.
(B) Disruption or interference with the orderly progress of a student discipline proceeding.
(C) Initiation of a student discipline proceeding in bad faith.
(D) Attempting to discourage another from participating in the student discipline matter.
(E) Attempting to influence the impartiality of any participant in a student discipline matter.
(F) Verbal or physical harassment or intimidation of any participant in a student discipline matter.
(G) Failure to comply with the sanction(s) imposed under a student discipline proceeding.
(20) Encouraging, permitting, or assisting another to do any act that could subject him or her to discipline.
(c) Procedures for Enforcing This Code
The Chancellor shall adopt procedures to ensure students are afforded appropriate notice and an opportunity to be heard before the University imposes any sanction for a violation of the Student Conduct Code.
(d) Application of This Code
Sanctions for the conduct listed above can be imposed on applicants, enrolled students, students between academic terms, graduates awaiting degrees, and students who withdraw from school while a disciplinary matter is pending. Conduct that threatens the safety or security of the campus community, or substantially disrupts the functions or operation of the University is within the jurisdiction of this Article regardless of whether it occurs on or off campus. Nothing in this Code may conflict with Education Code Section 66301 that prohibits disciplinary action against students based on behavior protected by the First Amendment.
NOTE
Authority cited: Sections 66017, 66452, 66600, 69810, 89030, 89030.1 and 89035, Education Code. Reference: Sections 66450, 69813 et seq. and 89030, Education Code; and Section 245.6, Penal Code.
HISTORY
1. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 73, No. 15.
2. Renumbering of Article 1.1 (Sections 41301-41304) to Article 2 and amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
3. Amendment of subsection (l), new subsections (n)-(n)(3), subsection relettering, amendment of newly designated subsections (o)(1) and (o)(2)(A) and amendment of Note filed 2-2-2004; operative 2-2-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 8).
4. Amendment of subsection (d), new subsection (o)(6) and amendment of Note filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
5. Amendment of article 2 heading and repealer and new section filed 11-17-2005; operative 11-17-2005. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2005, No. 52).
6. Amendment of subsection (b)(8) filed 3-19-2007; operative 3-19-2007 pursuant to Education Code section 89030.1. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 2007, No. 12).
7. Amendment of Note filed 4-6-2007; operative 4-6-2007 pursuant to Education Code section 89030.1. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 2007, No. 14).
8. Repealer of first paragraph, repealer and new subsection (a) and amendment of subsection (b) and Note filed 2-25-2008; operative 2-25-2008 pursuant to Education Code section 89030.1. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 2008, No. 9).
§41302. Disposition of Fees: Campus Emergency; Interim Suspension.
Note • History
The President of the campus may place on probation, suspend, or expel a student for one or more of the causes enumerated in Section 41301. No fees or tuition paid by or for such student for the semester, quarter, or summer session in which he or she is suspended or expelled shall be refunded. If the student is readmitted before the close of the semester, quarter, or summer session in which he or she is suspended, no additional tuition or fees shall be required of the student on account of the suspension.
During periods of campus emergency, as determined by the President of the individual campus, the President may, after consultation with the Chancellor, place into immediate effect any emergency regulations, procedures, and other measures deemed necessary or appropriate to meet the emergency, safeguard persons and property, and maintain educational activities.
The President may immediately impose an interim suspension in all cases in which there is reasonable cause to believe that such an immediate suspension is required in order to protect lives or property and to insure the maintenance of order. A student so placed on interim suspension shall be given prompt notice of charges and the opportunity for a hearing within 10 days of the imposition of interim suspension. During the period of interim suspension, the student shall not, without prior written permission of the President or designated representative, enter any campus of the California State University other than to attend the hearing. Violation of any condition of interim suspension shall be grounds for expulsion.
NOTE
Authority cited: Sections 66300, 66600, 89030, 89031 and 89035, Education Code. Reference: Sections 66017, 66300, 66600, 69810-69813, 89030, 89031, 89700, Education Code; and Section 626.2, Penal Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35). For prior history, see Register 70, No. 40.
2. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
4. Amendment of last paragraph filed 9-3-2004; operative 9-3-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
§41303. Conduct by Applicants for Admission.
Note • History
NOTE
Authority cited: Sections 66300, 66600, 89030 and 89035, Education Code. Reference: Sections 66017, 66300, 66600, 69810-69813 and 89030, Education Code; and Section 626.2, Penal Code.
HISTORY
1. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 72, No. 35).
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
3. Repealer filed 11-17-2005; operative 11-17-2005. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2005, No. 52).
§41304. Student Disciplinary Procedures for the California State University.
Note • History
NOTE
Authority cited: Sections 66300, 66600, 89030 and 89035, Education Code. Reference: Sections 66017, 66300, 66600, 69810-69813 and 89030, Education Code; and Section 626.2, Penal Code.
HISTORY
1. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 72, No. 35).
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
3. Amendment of section heading and section filed 9-3-2004; operative 9-3-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
4. Repealer filed 11-17-2005; operative 11-17-2005. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2005, No. 52).
Article 3. Student Body Organizations
Note • History
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
HISTORY
1. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
2. Renumbering of Article 2 (Sections 41400-41411) to Article 3 and repealer of Section 41400 filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
Note • History
The president of a campus in which a student body organization has been established may call an election which shall be called, held and conducted pursuant to this article, to determine whether a student body membership fee shall be fixed which shall be required of all regular, limited and special session students attending the campus.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
HISTORY
1. Amendment filed 9-22-65; effective thirtieth day thereafter (Register 65, No. 18).
2. Refiled 10-29-65 (Register 65, No. 20).
3. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
4. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
Note • History
The election shall be called by posting notices in three public places on the campus at least two weeks before the election and by publishing the notice once a week for two weeks in the campus newspaper published by the student body organization, if there be such a newspaper. The notice shall set forth the time and place of the election, the purpose of the election, the location of the polls, and the hours during which the polls will be open. If more than one polling place is established, the notice shall also designate the group eligible to vote at each polling place.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
Note • History
The president of the campus shall fix the number of polling places. If more than one polling place is established, the regular students of the campus shall be divided into as many groups alphabetically, according to their surnames, as there are polling places, and each group shall be required to vote at the polling place assigned to it.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
Note • History
The election shall be held on the campus and may be held on any day during the regular academic year the campus is in session except Saturday and Sunday. The polls shall be open from not later than 8 a.m. to at least 4 p.m. Only regular students of the campus shall be entitled to vote at the election.
No electioneering shall be carried on by signs or otherwise within 100 feet of any polling place.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
Note • History
Such election shall be held and conducted under the direct supervision of such members of the faculty of the campus as the president shall designate. Voting shall be by secret ballot.
At least one faculty member shall be present at each of the polls during the time the polls are open and during the time the votes are counted. Such faculty member or members shall supervise the conduct of the election at the polling place.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
Note • History
The ballot used at such elections shall be in the following form:
“Shall a membership fee in the student body organization of
(Insert Name of Institution)
be fixed which shall be required of all regular, limited and special session students enrolled at the campus? Yes__ No__ (The voter shall mark a cross after the answer he desires to give.)”
Only one ballot shall be allowed each eligible voter. If a voter marks a ballot in error, the voter may return such ballot and receive another.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
HISTORY
1. Amendment filed 9-22-65; effective thirtieth day thereafter (Register 65, No. 18).
2. Amendment filed 10-29-65; effective thirtieth day thereafter (Register 65, No. 20).
3. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
4. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
Note • History
Immediately after the closing of the polls, the ballots cast at each polling place shall be counted by, or under the direction of, the faculty member or members assigned to such polling place. The number of “Yes” votes and the number of “No” votes cast at the polling place shall be certified to the president of the campus by a faculty member assigned to the polling place. The president of the campus shall total the votes and certify the result of the election to the Board of Trustees.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
Note • History
If two-thirds of the votes cast at the election are “Yes” votes, the Chancellor shall fix the membership fee to be required of all regular, limited and special session students attending the campus and shall notify the president of the campus of the fee fixed.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
HISTORY
1. Amendment filed 9-22-65; effective thirtieth day thereafter (Register 65, No. 18).
2. Refiled 10-29-65 (Register 65, No. 20).
3. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
4. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
Note • History
The required membership fee shall, pursuant to Education Code Section 89301, be collected by the campus of a regular student, limited student, and special session student unless the student chooses to work off the amount of the fee as provided in Education Code Section 89301. Fees so collected shall be deposited with the chief fiscal officer or designee of the campus and transmitted by that officer to the treasurer of the student body organization.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 2-18-77; effective thirtieth day thereafter (Register 77, No. 8).
3. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§41409.5. Time of Collection of Fees.
Note • History
The required membership fee shall be collected at the time of each registration except:
(a) When a student loan or other financial assistance from a student aid program or a training program recognized by the campus has been delayed and there is reasonable proof acceptable to the chief fiscal officer of the campus or designee that the funds will be forthcoming; or
(b) When changes are made during the change of program period which result in a higher fee category than paid at the time of registration, in which case the additional fee required shall, subject to (a) above, be paid immediately upon demand by the campus.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
HISTORY
1. New section filed 2-18-77; effective thirtieth day thereafter (Register 77, No. 8).
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
Note • History
The required membership fee shall be subject to referendum as provided in Education Code Section 89300. The referendum election shall be called, held, and conducted, and the results thereof certified in the same manner as the election at which the required membership fees were authorized except for necessary changes made in phrasing notices, ballots, propositions, and similar election material, in order to provide for a referendum; provided that a referendum shall not be successful unless at least two-thirds of the students voting at the election called therefor approve it.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
HISTORY
1. Amendment filed 6-1-66; effective thirtieth day thereafter (Register 66, No. 16).
2. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§41411. Resubmission of Proposals.
Note • History
If a proposal submitted at an election held under this article fails to receive the number of votes required for its adoption, subsequent elections may be called and held under this article, at which the proposal may be submitted but no such election shall be held within 90 days of any prior election at which such proposal was submitted.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
HISTORY
1. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
Article 4. Nondiscrimination in Student Organizations
§41500. Withholding of Recognition.
Note • History
No campus shall recognize any fraternity, sorority, living group, honor society, or other student organization which discriminates on the basis of race, religion, national origin, ethnicity, color, age, gender, marital status, citizenship, sexual orientation, or disability. The prohibition on membership policies that discriminate on the basis of gender does not apply to social fraternities or sororities or to other university living groups.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Renumbering of Article 3 (Sections 41500-41505) to Article 4 and amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
4. Amendment filed 6-1-2005; operative 6-1-2005. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2005, No. 30).
§41501. Definition of Recognition.
Note • History
Recognition as used in this article shall include, but not be limited to, the granting by a campus of any benefit, resource, or privilege whatsoever, or allowing the use of campus facilities, to any such student organization described in Section 41500 of this article.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
§41502. Time Limitation for Conforming.
History
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Repealer filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
Note • History
Each student organization shall deposit with the Vice President of Student Affairs or equivalent officer of the campus by, copies of all constitutions, charters or other documents relating to its policies. The student organizations shall also deliver to the Vice President of Student Affairs or equivalent officer a statement signed by the president or similar officer of the local student organization attesting that the organization has no rules or policies which discriminate on the basis of race, religion, national origin, ethnicity, color, age, gender, marital status, citizenship, sexual orientation, or disability, except as excepted above. This statement shall be renewed annually and the other documents required by this section shall be refiled within 90 days after any substantive change or amendment.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
4. Amendment filed 6-1-2005; operative 6-1-2005. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2005, No. 30).
Note • History
Should the national governing body of any organization described in Section 41500 take any action which has the effect of penalizing or disciplining any branch or chapter at a campus in order to enforce a policy of discrimination based on race, religion, national origin, ethnicity, color, age, gender, marital status, citizenship, sexual orientation, or disability, except as excepted above, recognition of that organization by any campus shall be immediately withdrawn.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
4. Amendment filed 6-1-2005; operative 6-1-2005. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2005, No. 30).
§41505. Athletics and Other Intercollegiate Activities.
Note • History
No campus shall enter into intercollegiate activities which will subject its students directly or indirectly to discrimination or segregation on the basis of race, religion, national origin, ethnicity, color, age, gender, marital status, citizenship, sexual orientation, or disability. The prohibition against discrimination on the basis of gender does not apply to membership on intercollegiate athletic teams, facilities, or competition.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
3. Amendment filed 6-1-2005; operative 6-1-2005. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2005, No. 30).
Article 5. Student Orientation
§41550. Educational and Preventive Information Regarding Sexual Violence.
Note • History
Each campus, in collaboration with campus-based victim advocacy organizations, shall provide educational and preventive information about sexual violence as part of established on-campus orientations. For a campus with an existing on-campus orientation program, this information shall be provided, in addition to the sexual harassment information required to be provided pursuant to subdivision (e) of Section 66281.5 of the Education Code, during the regular orientation for incoming students. The campus shall also post the same information on its campus internet website.
Each campus is responsible for implementing policies and procedures in accordance with Education Code Section 67385.7(a) (b) (c) (d).
NOTE
Authority cited: Sections 67385.7 and 89030, Education Code. Reference: Sections 66281.5, 67385.7 and 89030, Education Code.
HISTORY
1. New article 5 (section 41550) and new section filed 3-19-2007; operative 3-19-2007 pursuant to Education Code section 89030.1. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 2007, No. 12).
Subchapter 5. Administration
Article 1. Community Relations Responsibilities
§41600. Definition of Community Relations Responsibilities of Campus Presidents.
Note • History
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89044, Education Code. Reference: Section 89044, Education Code.
HISTORY
1. Amendment filed 12-4-63; effective thirtieth day thereafter (Register 63, No. 24).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
5. Repealer of article 1 (sections 41600-41601) and section filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
§41601. Definition of Community Relations Responsibilities of the Chancellor.
Note • History
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89044, Education Code. Reference: Section 89044, Education Code.
HISTORY
1. New section filed 12-4-63; effective thirtieth day thereafter (Register 63, No. 24).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
5. Repealer filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
Article 2. Facilities and Services
§41700. Support for Established Programs.
Note • History
Each campus shall maintain the courses, staff, and facilities necessary to meet the requirements for the degrees and credentials authorized.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§41701. Student Personnel Services.
Note • History
Each campus shall maintain an adequate staff to provide student personnel services to include counseling and testing, activities, and housing, health service, placement, and admissions and records.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
Each campus shall maintain a library containing an adequate supply of books, periodicals, and other instructional materials distributed among the fields of knowledge in which instruction is offered. The library shall be administered by a qualified librarian.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
Each campus shall, upon approval by the Board of Trustees, provide adequate facilities for observation, demonstration, research, experimentation, supervised teaching and other activities related to Teacher Education programs in order to foster and promote continued improvements in the education of children and of teachers.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 89047, Education Code.
HISTORY
1. Amendment filed 2-4-66; effective thirtieth day thereafter (Register 66, No. 4).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
Each campus shall maintain adequate classroom and laboratory facilities and the necessary equipment to provide audio-visual aids to learning.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
Each campus may, with the approval of the Board of Trustees, contract to use open-circuit television facilities for the offering of appropriate instruction.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 89200, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
History
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Repealer filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
Article 3. Fees
Note • History
(a) Amount Generally. Students and other persons receiving services, facilities or materials provided by the California State University shall pay fees in accordance with the schedule of fees approved by the Board of Trustees.
(b) Time of Payment. A student shall pay any tuition or student services fee, or both, in accordance with the schedule of fees by such time as is determined by the Chancellor; provided that for entering students such fees may not be required earlier than the date of the student's admission to the campus. A student shall pay other fees required by the schedule of fees at the time or times as specified in the first sentence of this subdivision, or later as determined by appropriate campus authorities.
(c) Increase in Unit Load. If the number of units for which a student is registered is increased during the term to a higher student services fee category in the schedule of fees, the student shall pay an additional amount so that the total amount paid as a student services fee shall equal the student services fee for the greater number of units.
NOTE
Additional authority cited: Section 66600, 89030, 89035 and 89700, Education Code. Reference: Section 89700, Education Code.
HISTORY
1. Amendment filed 4-5-62; effective thirtieth day thereafter (Register 62, No. 7).
2. Amendment filed 5-22-67; effective thirtieth day thereafter (Register 67, No. 21).
3. Amendment of subsections (a) and (b) filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
4. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
5. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
(a) Definitions.
(1) Semester and Quarter. As used in this section, the words “semester,” and “quarter” shall include any semester or quarter other than a special session semester or quarter for which tuition fees are required pursuant to Education Code Section 89708.
(2) Application for Admission. As used in this section, the phrase “application for admission” shall include an application for readmission as well as an application for initial admission to a campus for undergraduate or post-baccalaureate study.
(b) Imposition of Fee. All applications for admission to a campus shall pay an application fee of fifty-five dollars ($55.00) for the processing of the application by the campus.
(c) Time of Payment. Application fees shall be submitted with applications for admission, and no application shall be considered complete unless accompanied by said fee.
(d) Exclusions. This section shall not apply:
(1) to applications for enrollment in extension courses or as an auditor without credit.
(2) to applications for admission submitted by persons enrolled at the campus to which application is made during either of the two semesters or any of the three quarters, as the case may be, immediately preceding the semester or quarter with respect to which the application is submitted, unless such person was enrolled at another institution subsequent to such previous semester or quarter.
(3) to an application transferred at the request of the applicant to a campus by the campus at which it was originally filed, provided that the application fee was paid at the latter if required by this section, and provided further, that the applicant did not enroll at the campus at which the application was previously filed.
(4) to applications for admission which are restricted to certain special programs as designated by the Chancellor.
(5) to applications for admission from individuals as to whom,in the judgment of the president or designee, payment of the fee would constitute undue financial hardship. The Chancellor shall establish appropriate guidelines for implementation of this exclusion.
(6) in the case of a student returning from an authorized planned student leave granted by appropriate campus authority where the principal purpose of the leave was related to the student's educational objective, provided that the conditions of the leave have been met.
NOTE
Authority cited: Sections 89030 and 89700, Education Code. Reference: Section 89700, Education Code.
HISTORY
1. Amendment of subsection (a)(1) and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 73, No. 25).
2. Amendment of subsection (b) filed 8-3-79; effective thirtieth day thereafter (Register 79, No. 31).
3. Amendment of subsection (b) filed 11-30-79; effective thirtieth day thereafter (Register 79, No. 48).
4. Amendment of subsections (a)(1), (b), (d)(5) and (d)(6) filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
5. Amendment of subsection (b) filed 12-1-82; effective thirtieth day thereafter (Register 82, No. 49).
6. Amendment of subsection (b) filed 10-28-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 44).
7. Amendment of subsection (b) filed 7-26-89; operative 7-26-89 (Register 89, No. 31).
§41800.2. Instructionally Related Activities Fee.
Note • History
The Chancellor is authorized to establish and adjust an Instructionally Related Activities fee which shall be assessed of all regular students of the California State University. The Chancellor shall adopt such rules and procedures as may be necessary or appropriate to administer the authorization granted herein. The revenues derived from the Instructionally Related Activities fee shall be used for the support of instructionally related activities in the California State University subject to such rules and procedures as the Chancellor shall prescribe.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89700, Education Code. Reference: Section 89700, Education Code.
HISTORY
1. New section filed 2-10-78; effective thirtieth day thereafter (Register 78, No. 6).
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§41801. Exemption from Fees Under Education Code Section 32320.
Note • History
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 32320, Education Code.
HISTORY
1. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 75, No. 52.
2. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
3. Amendment of subsections (b) and (c) filed 8-13-85; effective thirtieth day thereafter (Register 85, No. 33).
4. Repealer filed 2-2-2004; operative 2-2-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 8).
§41802. Refund of Fees Including Nonresident Tuition.
Note • History
(a) General. Money collected as a mandatory fee or nonresident tuition may be refunded in accordance with the provisions of this section.
(b) Cancellation of Registration. A student who registers for classes for an academic period and who drops all classes or otherwise cancels registration for the period prior to the first day of instruction for that period shall be entitled to a refund of all tuition and mandatory fees paid less an administrative charge established by the campus.
(c) Adjustment of Registration. A student who, within the campus designated drop period and in accordance with the campus procedures, drops units resulting in a lower tuition and/or mandatory fee obligation shall be entitled to a refund of applicable tuition and mandatory fees less an administrative charge established by the campus.
(d) Withdrawals.
(1) For state-supported semesters, quarters and non-standard terms or courses of four (4) weeks or more: A student who, on or after the first day of instruction and up to a date that includes the sixty percent point in the academic period, either
(A) drops all of the courses in which the student enrolled prior to the end of the campus-designated drop period, or
(B) officially withdraws for the enrollment period in accordance with university procedures, shall be entitled to a refund of tuition and mandatory fees on the basis of the proportion represented by the number of days in the academic period, excluding breaks of five days or more. A student who officially withdraws from the university after the sixty percent point in the academic period, fails to drop classes prior to the end of the campus drop period, or fails to officially withdraw from the campus, shall not be entitled to any refund of tuition or mandatory fees.
(2) For state-supported, non-standard terms or courses of less than four (4) weeks: a student registered for a state-supported, academic period or any course of less than four (4) weeks in duration shall not be entitled to any refund of tuition and mandatory fees if the student fails to either drop the courses or cancel registration prior to the first day of instruction for state-supported, non-standard terms or the first scheduled meeting of a state-supported course of less than four weeks that occurs during a regular semester or quarter.
(3) For self-support, special sessions and extension course tuition fees: Refunds of tuition and fee charges for self-support, special sessions and extension courses shall be made in accordance with policies and procedures established by the campus offering the session or course.
(e) Exceptions. Notwithstanding subdivision (d):
(1) Tuition and mandatory fees shall be refunded and an administrative charge may not be retained if
(A) The tuition and mandatory fees were assessed or collected in error;
(B) The course for which the tuition and mandatory fees were assessed or collected was cancelled by the university;
(C) The university makes a delayed decision that the student was not eligible to enroll in the term for which mandatory fees were assessed and collected and the delayed decision was not due to incomplete or inaccurate information provided by the student; or
(D) The student was activated for compulsory military service.
(2) Tuition and mandatory fees may be refunded if the student or an authorized representative petitions the university for a refund demonstrating exceptional circumstances and the chief financial officer of the university or designee makes a determination that the tuition and mandatory fees have not been earned by the university.
(f) Payment of Refunds: Any refund of tuition and mandatory fees shall be applied in the following order:
(1) Any refunds shall first be applied toward any required return of funds that had been received by the student or on his/her behalf from federal, state, institutional, or external sources that were conditioned on the student's enrollment.
(2) The balance of any refunds shall be returned to the student or, with the student's concurrence, carried as a credit balance on the student's account with the university.
(g) Penalty Fees, Deposits, and Security or Guaranty Fees. Fees assessed to reimburse the university for additional costs resulting from dishonored payments, late submissions, or misuse of property are not subject to refund. Fees collected as a security or guarantee shall be refundable as determined by the university based on terms stipulated at the time and in accordance with conditions of their collection.
(h) “Mandatory fees,” as used in this section, means systemwide fees and campus fees that are required to be paid in order to enroll in state-supported academic programs.
(i) Since the change arises in the middle of an academic year, campuses may refund fees including nonresident tuition fees following the former refund standards during a transition period that shall end with the commencement of the Fall term 2002.
NOTE
Authority cited: Sections 68051, 89030 and 89700, Education Code. Reference: Sections 68051 and 89700, Education Code.
HISTORY
1. Amendment filed 10-1-76 as an emergency; effective upon filing (Register 76, No. 40). For prior history, see Register 76, No. 6.
2. Certificate of Compliance filed 1-10-77 (Register 77, No. 3).
3. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Amendment filed 7-27-78; effective thirtieth day thereafter (Register 78, No. 30).
5. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
6. Amendment of subsection (e)(8)(A) filed 11-29-88; operative 12-29-88 (Register 88, No. 51).
7. Amendment of section heading, section and Note filed 12-14-2001; operative 12-14-2001. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2002, No. 8).
§41802.1. Refund of Fees and Charges for First-Time Students Receiving Title IV Financial Aid. [Repealed]
Note • History
NOTE
Authority cited: Sections 89030 and 89700, Education Code. Reference: Sections 89030 and 89700, Education Code; Title 20 United States Code, Section 1091b (106 STAT. 619-620).
HISTORY
1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 12-14-2001; operative 12-14-2001. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2002, No. 8).
§41803. Refund of Parking Fees. [Repealed]
Note • History
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89700, Education Code. Reference: Section 89700, Education Code.
HISTORY
1. Amendment filed 8-22-72, effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
3. Repealer filed 4-21-86; effective thirtieth day thereafter (Register 86, No. 17).
§41804. Waiver or Reduction of Fees for Employee Training and Career Development.
Note • History
(a) Fees may be waived entirely or reduced for employees of The California State University enrolling in courses offered by The California State University in accordance with this section.
(b) Fee waivers or reductions may be authorized by the Chancellor or designee for full-time permanent or probationary employees or perma--
nent part-time employees or Management Personnel Plan employees who enroll in work-related courses which are necessary for improving skills for existing employment with The California State University, or which are necessary for advancement, in accordance with a career development plan, at The California State University.
(c) Before such waiver or reduction may be granted, the Chancellor or designee shall approve the course as being work related and necessary for improving skills for existing employment or, as the case may be, shall approve the career development plan and the course as being work related and necessary for advancement in accordance with a career development plan at The California State University.
(d) The Chancellor or designee may authorize reduction, but not a full waiver, of student body association fees and fees authorized or required to be charged under the State College Revenue Bond Act of 1947 (Education Code Sections 90010 et seq.) and resolutions adopted thereunder.
(e) Full-time permanent or probationary employees or permanent part-time employees or Management Personnel Plan employees who are not admitted to a campus pursuant to the admission requirements of Subchapter 3 of this Chapter may be admitted to a campus for the purpose of enrolling in courses which meet the requirements of and are approved pursuant to this section subject to rules prescribed by the Chancellor or designee. Such admission shall be only for the purpose of enrolling in such courses.
(f) “Full-time permanent or probationary employees,” or “Management Personnel Plan employees” as used in this section, shall include full-time permanent or probationary employees or Management Personnel Plan employees who are on an approved full or partial leave of absence with or without pay.
(g) The appropriate campus authority may reduce the level of services, except instructional services, which may be provided to employees who enroll in work-related courses where the fees paid by such persons are below the fee levels normally charged.
NOTE
Authority cited: Sections 89030 and 89710, Education Code. Reference: Section 89710, Education Code.
HISTORY
1. New section filed 2-11-75; effective thirtieth day thereafter (Register 75, No. 7).
2. Amendment of subsection (d) and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment filed 10-18-79; effective thirtieth day thereafter (Register 79, No. 42).
4. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
5. Amendment of subsections (b), (e) and (f) filed 4-21-86; effective thirtieth day thereafter (Register 86, No. 17).
Article 4. Nonresident Tuition
Note • History
A nonresident student of a campus shall pay tuition, in addition to other fees specified in Section 41800, in accordance with the schedule of fees established by the Chancellor in accordance with this Article.
NOTE
Authority cited: Sections 66600, 68051, 89030, 89035 and 89705, Education Code. Reference: Sections 68050, 68051 and 89705, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 4-2-76; effective thirtieth day thereafter (Register 76, No. 14).
3. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§41901. Nonresident Tuition, Amount and Time of Payment.
Note • History
(a) Time of Payment.
Nonresident tuition shall be collected at the time of registration except:
(1) When a student loan or other financial assistance from a student aid program or a training program recognized by the campus has been delayed and there is reasonable proof acceptable to the chief fiscal officer of the campus or designee that the funds will be forthcoming; or
(2) When changes are made during the change of program period which result in a higher fee category than paid at the time of registration, in which case the additional fee required shall, subject to (1) above, be paid immediately upon demand by the campus; or
(3) As provided in Section 41901.5.
(b) Amount.
The nonresident tuition fee shall be based on:
(1) the average cost of the net state Support Budget programs of Instruction and Academic Support, which shall be computed annually based on the Board of Trustees' Budget submitted to the Governor. The average cost for this purpose shall be computed by adding the entire net state support at the campus level for the Instruction and Academic Support programs, and dividing the result by the number of full-time equivalent students projected in the Board of Trustees budget request for the California State University; or
(2) the amount stipulated in the Governor's Budget, if that amount is greater than the amount in subdivision (b)(1); or
(3) the amount stipulated in the budget as finally enacted if that amount is greater than the amount in subdivision (b)(1) and different from the amount in subdivision (b)(2).
The schedule of nonresident tuition fees shall be issued annually by the Chancellor to be effective with the fall term. These amounts, as well as all other fees which the Board of Trustees is authorized by law to charge, are subject to change without notice.
NOTE
Authority cited: Sections 68051, 89030 and 89705, Education Code. Reference: Sections 68050, 68051 and 89705, Education Code.
HISTORY
1. Amendment filed 2-18-77; effective thirtieth day thereafter (Register 77, No. 8). For prior history, see Register 76, No. 14.
2. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of subsection (c) filed 8-18-81; effective thirtieth day thereafter (Register 81, No. 34).
4. Amendment of subsection (c) filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
5. Renumbering former subsections (a)-(c) to subsections (a)(1)-(a)(3), and new subsections (b)(2) and (b)(3) filed 7-26-89; operative 7-26-89 pursuant to Government Code Section 11346.2(d) (Register 89, No. 31).
§41901.5. Installment Payment of Nonresident Tuition.
Note • History
(a) Nonresident students who are citizens and residents of a foreign country and not citizens of the United States may pay nonresident tuition on an installment basis. The installments for each term's tuition, except as hereinafter provided, shall be three equal payments at campuses on semester calendars, and two equal payments at campuses on quarter calendars. At California State University, Stanislaus, the nonresident tuition for the winter term shall be collected at the time of registration.
(b) A service charge shall be paid with each installment payment to cover the cost of handling. Such charge shall be in accordance with the schedule of charges established by the Chancellor and shall be sufficient to cover the cost of administering this installment payment plan.
NOTE
Authority cited: Sections 66600, 68051, 89030, 89705 and 89707.5, Education Code. Reference: Section 89707.5, Education Code.
HISTORY
1. New section filed 2-6-76; effective thirtieth day thereafter (Register 76, No. 6).
2. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
4. Amendment of subsection (a) filed 9-3-2004; operative 9-3-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
§41902. Definition of “Continuous Attendance.”
Note • History
As used in Education Code Section 68016, “continuous attendance” as it refers to attendance by a student at any campus or campuses of The California State University means enrollment in not less than 12 units per semester for two semesters within an academic year, or 12 units per quarter for three quarters within an academic year. For purposes of computing units for graduate level courses taken by graduate students, a weighing factor of 1.5 shall be applied to each unit. To be enrolled full time, a student need not enroll in summer session, and summer session units are not includable for purposes of determining whether a student is enrolled full time. This definition is limited in its application to determinations pursuant to Chapter 1 (commencing with Section 68000) of Part 41, Division 5 of the Education Code, and to this article.
NOTE
Authority cited: Sections 66600, 68044, 89030 and 89035, Education Code. Reference: Section 68016, Education Code.
HISTORY
1. Repealer and new section filed 4-11-73; effective thirtieth day thereafter (Register 73, No. 15). For history of former section, see Register 71, No. 1.
2. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§41903. Residence Determination Date.
Note • History
The residence determination date for each term shall be set by the Chancellor. One date shall be specified for all campuses of The California State University on the semester system, and one date for all campuses on the quarter system.
NOTE
Authority cited: Sections 66600, 68023, 68044, 89030 and 89035, Education Code. Reference: Section 68023, Education Code.
HISTORY
1. New section filed 4-11-73; effective thirtieth day thereafter (Register 73, No. 15). For history of former section, see Register 72, No. 35.
2. Amendment filed 12-9-74; effective thirtieth day thereafter (Register 74, No. 50).
3. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§41904. Residence Requirement.
Note • History
In order to be classified as a resident for tuition purposes, a student must have been a legal resident of the State of California for more than one year immediately preceding the residence determination date for the term during which the student proposes to attend a campus of the California State University. All students not classified as residents for tuition purposes shall be classified as nonresident students for tuition purposes irrespective of whether such students have residence in another state or territory of the United States or in a foreign country.
NOTE
Authority cited: Sections 66600, 68044, 89030 and 89035, Education Code. Reference: Sections 68017 and 68018, Education Code.
HISTORY
1. New section filed 4-11-73; effective thirtieth day thereafter (Register 73, No. 15). For history of former section, see Register 72, No. 35.
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§41905. Evidence of Residence.
Note • History
In order to establish a residence, it is necessary that there be a union of act and intent. The act necessary to establish legal residence is physical presence within the State of California. Relevant indicia of intent to make California one's residence include, but are not limited to: voting in elections in California and not in any other state; satisfying resident State personal income tax obligations; establishing an abode in the state where one's belongings are kept; licensing from the State for professional practice; maintaining active resident memberships in California professional or social organizations; maintaining California vehicle plates and operator's license; maintaining active savings and checking accounts in California banks; maintaining permanent military address or home of record in California if in the armed forces; engagement in litigation for which residence is required; showing California as home address on federal income tax forms; and the absence of these indicia outside California during any period for which a residence in California is asserted. Documentary evidence, including but not limited to the foregoing, may be required. No single factor is controlling or decisive.
NOTE
Authority cited: Sections 66600, 68044, 89030 and 89035, Education Code. Reference: Sections 68044 and 68062, Education Code.
HISTORY
1. New section filed 4-11-73; effective thirtieth day thereafter (Register 73, No. 15).
2. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§41905.5. Residence Reclassification -- Financial Independence Requirement.
Note • History
Any nonresident student requesting reclassification to resident for tuition purposes must demonstrate financial independence. A student shall be considered financially independent if s/he has not and will not be claimed as an exemption for state and federal tax purposes by his/her parent in the calendar year the reclassification application is made and in any of the three calendar years prior to the reclassification application; has not and will not receive more than seven hundred fifty dollars ($750) per year in financial assistance from his/her parent in the calendar year the reclassification application is made and in any of the three calendar years prior to the reclassification application, and; has not lived and will not live for more than six weeks in the home of his/her parent during the calendar year the reclassification application is made and in any of the three calendar years prior to the reclassification application. A nonresident student who has been appointed to serve as a graduate student teaching assistant, graduate student research assistant, or graduate student teaching associate on any California State University campus and employed on a 0.49 or more time basis is exempt from this requirement.
NOTE
Authority cited: Sections 68044 and 89030, Education Code. Reference: Section 68044, Education Code.
HISTORY
1. New section filed 12-18-2009; operative 12-18-2009. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2009, No. 51).
2. Editorial correction (Register 2010, No. 1).
3. Editorial correction of History 1 (Register 2010, No. 11).
§41906. Evidence Required for Application of Statutory Exceptions to Non-Resident Tuition Classification.
Note • History
(a) Any minor or eighteen-year-old student claiming application of the self-support exception pursuant to Section 68071 of the Education Code shall provide evidence to the appropriate campus authority including, but not limited to: documentation showing earnings for the year immediately preceding the opening day of the semester or quarter of attendance in the form of a statement from the employer or federal withholding form, a statement that the student has actually been present in California for said year (short durational stays away from the state are permitted), and a statement showing all expenses of the student for said year.
(b) (1) A dependent natural or adopted child, stepchild or spouse of a member of the armed forces of the United States claiming residence status pursuant to Section 68074 of the Education Code shall provide the appropriate campus authority with the following documents:
(A) A statement from the military person's commanding officer or personnel officer that the military person is stationed in California on active duty as of the residence determination date, and
(B) A statement that the student is a dependent of the military person and was claimed as a dependent for federal income tax purposes.
(2) A student dependent qualifying under this exception shall not lose his or her resident classification until he or she has resided in the state the minimum time necessary to become a resident. This exception shall continue to apply even though the member of the armed forces whose dependent is a student in attendance is either (A) transferred on military orders outside of this state and continues to serve, or is (B) retired as an active member of the armed forces.
(c) A student claiming application of Section 68075 of the Education Code shall provide the appropriate campus authority with a statement from the student's commanding officer or personnel officer stating that the assignment to active duty in this State is not for educational purposes. The student shall also produce evidence showing the date of assignment to California.
(d) A student claiming resident status pursuant to Section 68078 of the Education Code shall provide the appropriate campus authority with a statement from the employer showing employment by a school district in a full-time position requiring certification qualifications for the academic year in which the student enrolls. The student must also show that he or she holds a provisional credential and will enroll in courses necessary to obtain another type of credential authorizing service in the public schools, or that the student holds a credential issued pursuant to Section 44250 of the Education Code and is enrolled in courses necessary to fulfill credential requirements or is enrolled in courses necessary to fulfill the requirements, of the fifth year of education prescribed by subdivision (b) of Section 44259 of the Education Code.
(e) A child, natural or adopted, or a spouse of a deceased California resident who, at time of death, was employed by a public agency whose principal duties for that agency were active law enforcement service or active fire suppression and prevention and who was killed in the performance of active law enforcement or active fire suppression and prevention duties or who died as a result of an accident or an injury caused by external violence or physical force, incurred the performance of active law enforcement or active fire suppression and prevention duties, claiming exemption from tuition pursuant to Section 68120 of the Education Code shall provide the appropriate campus authority with documentary evidence showing:
(1) Legal relationship to deceased;
(2) California residence of deceased at time of death;
(3) Deceased was employed by a public agency at time of death;
(4) Principal duties of deceased at time of death were active law enforcement service or active fire suppression and prevention service;
(5) Principal duties of deceased were not clerical; and
(6) Deceased was killed on duty as a result of an accident or an injury caused by external violence or physical force incurred in the performance of his or her active law enforcement or active fire suppression and prevention duties.
The appropriate campus authority may request evidence to establish any other fact reasonably necessary to determine eligibility for exemption from tuition.
(f) Any minor or eighteen-year-old student claiming application of the care and control exception pursuant to Section 68073 of the Education Code shall provide evidence to the appropriate campus authority including, but not limited to, evidence of living for two years with, and under the direct care and control of, an adult or adults, other than a parent, and evidence of domicile of such adult or adults.
NOTE
Authority cited: Sections 68044 and 89030, Education Code. Reference: Sections 68071, 68073, 68074, 68075, 68078 and 68120, Education Code.
HISTORY
1. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 74, No. 7.
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
3. Amendment filed 8-13-85; effective thirtieth day thereafter (Register 85, No. 33).
4. Editorial correction of Reference cite (Register 95, No. 9).
5. Amendment of subsections (e) and (e)(6) and amendment of Note filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
§41906.5. Nonresident Tuition Exemption for California High School Students.
Note • History
(a) Any student, other than a student who is nonimmigrant alien under Title 8, United States Code, Section 1101(a)(15), shall be exempt from paying nonresident tuition at any California State University campus if he or she:
(1) Attended high school in California for three or more years.
(2) Graduated from a California high school or attained the equivalent of such graduation; and
(3) Registered for or enrolled in a course offered by a California State University campus for any term commencing on or after January 1, 2002.
(b) Any student seeking an exemption under subdivision (a) shall complete a questionnaire furnished by the California State University campus of enrollment verifying eligibility for this nonresident tuition exemption and may be required to provide verification documentation in addition to the information required by the questionnaire. Nonpublic student information so provided shall not be disclosed except pursuant to law.
(c) In addition to the requirements of subdivision (a), any student without lawful immigration status shall file with the California State University campus an affidavit of enrollment on a form furnished by the campus stating that he or she has filed an application to legalize his or her immigration status or will file such an application as soon as he or she is eligible to do so.
(d) A student seeking this tuition exemption has the burden of providing evidence of compliance with the requirements of this section.
(e) Nothing herein modifies eligibility standards or requirements for any form of student financial aid.
NOTE
Authority cited: Sections 68130.5 and 89030, Education Code. Reference: Section 68130.5, Education Code.
HISTORY
1. New section filed 2-20-2002; operative 2-20-2002. Submitted to OAL for printing only (Register 2002, No. 15).
§41907. Residence Classification Procedures.
Note • History
Residence classification of new and returning students, of students requesting reclassification, and of other students as to whom a reclassification may be necessary shall be made for each term at each campus of the California State University commencing at the time processing is commenced on applications for admission or readmission. Classifications shall be based on evidence presented in, and supporting, applicants' answers to uniform residence questionnaires and supplemental residence questionnaires approved by the Chancellor, such further evidence of residence deemed necessary by the institution, and such further evidence of residence as the applicant submits. Applicants answering their residence questionnaires and supplemental residence questionnaires in California shall be required to certify them under penalty of perjury or certify them under oath before an employee of the Trustees authorized by the Chancellor at each institution to administer such oaths. Applicants answering their residence questionnaires outside of California shall be required to certify them under oath before a person authorized to administer oaths under the laws of the political entity where the oath is to be administered.
NOTE
Authority cited: Sections 66600, 68044, 89030 and 89035, Education Code. Reference: Section 68044, Education Code.
HISTORY
1. New section filed 4-11-73; effective thirtieth day thereafter (Register 73, No. 15).
2. Amendment filed 7-26-74; effective thirtieth day thereafter (Register 74, No. 30).
3. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
Any student, following a final campus decision concerning the student's residence classification, may make written appeal to the Office of General Counsel in the Chancellor's Office within 120 calendar days of notification of the final campus decision. The Office of General Counsel may decide the issue, or it may send the matter back to the institution with instructions for a further review.
NOTE
Authority cited: Sections 66600, 68044, 89030 and 89035, Education Code. Reference: Section 68044, Education Code.
HISTORY
1. New section filed 4-11-73; effective thirtieth day thereafter (Register 73, No. 15).
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§41909. Exceptions from One-Year Waiting Period. [Repealed]
History
HISTORY
1. New section filed 4-11-73; effective thirtieth day thereafter (Register 73, No. 15).
2. Amendment filed 10-12-73; effective thirtieth day thereafter (Register 73, No. 41).
3. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Repealer filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
A student who is a full-time employee of the Trustees or of any state agency or a student who is a child or spouse of a full-time employee of the Trustees or of any state agency shall be entitled to classification as a resident for tuition purposes until he or she has resided in California the minimum time necessary to become a resident. This section does not apply to student assistants or employees who work all year on a part-time basis, or full time on a less than annual basis.
For purposes of this section, “employee of any state agency” is limited to a person employed by the State of California who is assigned to work outside of the state.
NOTE
Authority cited: Sections 68044 and 89030, Education Code. Reference: Section 68079, Education Code.
HISTORY
1. New section filed 4-11-73; effective thirtieth day thereafter (Register 73, No. 15).
2. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
3. Amendment filed 8-13-85; effective thirtieth day thereafter (Register 85, No. 33).
4. Amendment of first paragraph filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
§41911. Agreements of Other Institutions.
Note • History
Notwithstanding any regulations or rules of governing boards or district governing boards of community colleges, agreements entered into by such governing entities pursuant to Education Code Section 68131 shall have no effect on residence classification for tuition purposes, nor on the obligation to pay non-resident tuition, in the California State University.
NOTE
Authority cited: Sections 66600, 68044, 89030 and 89035, Education Code. Reference: Section 68131, Education Code.
HISTORY
1. New section filed 4-11-73; effective thirtieth day thereafter (Register 73, No. 15).
2. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§41912. Tuition Determinations.
Note • History
The Chancellor may establish procedures for the making of, and where appropriate make, all determinations authorized by the Education Code with respect to applicability, exemptions, and waivers of non-resident tuition and fees.
NOTE
Authority cited: Sections 66600, 68044, 89030 and 89035, Education Code. Reference: Sections 68044, 68121, 68123, 68124, 68130, 68131, 89705, 89706, 89707 and 89710, Education Code.
HISTORY
1. New section filed 4-11-73; effective thirtieth day thereafter (Register 73, No. 15).
2. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§41913. Refund of Nonresident Tuition. [Repealed]
Note • History
NOTE
Authority cited: Sections 66600, 68051, 89030 and 89035, Education Code. Reference: Sections 68051 and 89705, Education Code.
HISTORY
1. Amendment of subsection (b) filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Renumbering from section 41903 filed 4-11-73; effective thirtieth day thereafter (Register 73, No. 15).
3. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
4. Editorial correction of printing error in subsection (e) (Register 91, No. 29).
5. Repealer filed 12-14-2001; operative 12-14-2001. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2002, No. 8).
Note • History
(a) Registering for Additional Units During a Term. Any nonresident student, who registers for additional units during the semester, academic year quarter, or academic summer quarter shall pay the established fee for each unit or fraction of a unit so added.
(b) Dropping Units During Term. A nonresident student may upon application made within the time limits specified in Section 41913 receive a refund in the amounts listed in that section for any unit or fraction of a unit dropped with the consent of the campus during a semester, academic year quarter, or academic summer quarter.
NOTE
Authority cited: Sections 66600, 68051, 89030 and 89705, Education Code. Reference: Sections 68050, 68051 and 89705, Education Code.
HISTORY
1. Amendment of subsection (b) filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Renumbering from Section 41904 and amendment filed 4-11-73; effective thirtieth day thereafter (Register 73, No. 15).
3. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
An adult alien may establish a residence unless he or she is precluded by the Immigration and Nationality Act from establishing domicile in the United States. The alien must present documentation to the appropriate campus authority verifying his or her immigration status.
NOTE
Authority cited: Sections 68044 and 89030, Education Code. Reference: Section 68062(h), Education Code.
HISTORY
1. New section filed 8-13-85; effective thirtieth day thereafter (Register 85, No. 33).
§41916. Minor Aliens. [Repealed]
Note • History
NOTE
Authority cited: Sections 68044 and 89030, Education Code. Reference: Section 68062(i), Education Code.
HISTORY
1. New section filed 8-13-85; effective thirtieth day thereafter (Register 85, No. 33).
2. Repealer filed 6-1-2007; operative 6-1-2007 pursuant to Education Code section 89030.1. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 2007, No. 22).
Article 5. Housing
Note • History
Unless the context otherwise requires, the definitions hereafter set forth shall govern the construction of Articles 5 and 6 of this Subchapter.
(a) Licensee. Licensee means any student or other person who has executed a license and who has been granted permission to use a housing facility for a fee period. Where the context requires it, the term licensee also means any student or other person who has a reservation for a housing facility.
(b) License. License means the document approved by the president which grants permission to use a housing facility and which contains the terms and conditions upon which such use is permitted. The license shall have imprinted thereon the words, “The use of housing facilities is subject to Articles 5 and 6 of Subchapter 5 of Chapter 1 of Part V (Sections 42000 through 42103) of Title 5 of the California Code of Regulations.”
(c) Campus. Campus means any campus issuing licenses to students or other persons for the use of housing facilities.
(d) Housing Facility. Housing facility includes, but is not limited to, any individual or group living unit in a state owned or operated residence hall, family dwelling, apartment, trailer or trailer space which is operated under the authority of Sections 90000-90002 or Section 90012 of the Education Code.
(e) President. President means the campus president or his or her authorized representative or representatives.
(f) Student. Student means any individual currently matriculated and/or enrolled in the regular program of the campus where the student housing facility is located or any individual currently enrolled in one or more courses during a special session.
(g) Fee Period. Fee period means a period for which a license is granted and may extend for an academic year, semester, quarter, or other period or session established by the president.
(h) License Fee. License fee means the consideration required of a licensee for the right to use a campus housing facility for a fee period.
(i) Service Fee. Service fee means a non-refundable fee required of a licensee to cover the added costs incurred in collecting and processing a license fee by installments.
(j) Late Fee. Late fee means a payment required of a licensee who fails to pay any fee when due.
(k) Advance Payment of Fees. Advance payment of fees means the receipt by the president of the license fee and any security deposit or service fee from a licensee on or before the first day of the fee period or due date of any payment by installment.
(l) Reservation. Reservation means a confirmation by the president, upon receipt of the designated advance payment of fees, that a housing facility will be made available in accordance with this Article.
(m) Cancellation. Cancellation means the termination of a reservation by the licensee as provided in this Article, prior to the beginning of the fee period.
(n) Vacating. Vacating means the termination of a license by the licensee as provided in this Article, on or after the beginning of the fee period.
(o) Revocation. Revocation means the termination of a reservation or license by the president as provided in this Article, whether before, on, or after the beginning of a fee period.
(p) Visitor. Visitor means any person permitted by the licensee or president to visit a housing facility.
(q) Guest. Guest means any person other than a Licensee, who is permitted by a Licensee and approved by the campus president or designee to occupy and/or reside in any housing facility.
(r) Guest Fee. Guest fee means the consideration required of a guest for the use of a campus housing facility.
(s) Administrative Necessity. Administrative necessity exists when any condition not reasonably foreseen at the time of confirming a reservation, issuing a license, or renewing a license occurs and prevents the campus from making or continuing to make a housing facility available to the licensee. Such conditions shall include, but not be limited to, damage caused by floods, slides, fire, earthquake, other natural disasters and vandalism; civil disorder; compliance with state or federal law; or interruption of basic services because of labor strife. Such conditions shall also include a drop in the rate of cancellations not reasonably foreseen by the campus, if such drop results in an overbooking of available housing facilities.
(t) Shall and May. The word “shall” means that the action is mandatory. The word “may” means that the action is permissive.
NOTE
Authority cited: Sections 66600, 89030, 89035, and 90012, Education Code. Reference: Section 90000, Education Code.
HISTORY
1. Repealer of Article 5 (Sections 42000-42013) and new Article 5 (Sections 42000-42024) filed 7-28-76; effective thirtieth day thereafter (Register 76, No. 31). For former history, see Registers 65, No. 20; 67, No. 32; and 72, No. 35.
2. Amendment of subsection (d) and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
4. Amendment of subsections (b), (f) and (q) filed 8-23-2007; operative 8-23-2007. Submitted to OAL for printing only (Register 2007, No. 34).
Note • History
Each licensee shall sign the license on or before the beginning of the fee period. Any licensee who is a minor shall have his or her parent or guardian sign the license as a guarantor. When reasonably necessary, the president may require a guarantor for other licensees. The campus shall retain the license and a copy of the terms and conditions thereof shall be provided to the licensee.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42002. Assignment of Priority.
Note • History
Students of a campus shall have first priority to use student housing facilities of that campus, with the exception of space granted to special programs by the campus president as outlined in Section 42003.
Each campus that maintains student housing shall give housing priority to current or former foster youth. For campuses that have student housing open for occupation during school breaks or on a year-round basis, the first priority shall be in housing that is open for uninterrupted year-round occupation.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 90012, Education Code. Reference: Sections 90000 and 90001.5, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment filed 8-23-2007; operative 8-23-2007. Submitted to OAL for printing only (Register 2007, No. 34).
3. Amendment of section and Note filed 4-12-2010; operative 4-12-2010. Submitted to OAL for printing only pursuant to Education Code section 89030.1(e) (Register 2010, No. 16).
§42003. Special Group Arrangements.
Note • History
University housing facilities may be made available to individuals and groups by the campus president or designee. Groups must authorize a representative to execute an appropriate agreement on behalf of the group, which agreement shall set forth the fee established by the Chancellor to be charged of such groups. Any group may, at the discretion of the campus president or designee, be exempted from the payment of a security deposit.
A charge in addition to the fee established by the Chancellor pursuant to Section 42004 may be made by the campus of individuals or groups to cover additional costs whenever additional services, materials, goods, or special supervision are required.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment filed 8-23-2007; operative 8-23-2007. Submitted to OAL for printing only (Register 2007, No. 34).
Note • History
All fees authorized by this Article shall be charged in accordance with a schedule of fees periodically established by the Chancellor.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
Guests of a Licensee. Licensee shall secure such approval as is required by the campus president or designee prior to inviting any person to be a guest of the Licensee.
Guest-related policies and approved length of stay shall be in accordance with the guest-related policies as determined by the campus and stated in the Housing License Agreement. Licensee will be responsible for non-compliance of guest registration and may be held responsible for the behavior of his/her guest (registered or not).
NOTE
Authority cited: Sections 66600, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment filed 8-23-2007; operative 8-23-2007. Submitted to OAL for printing only (Register 2007, No. 34).
Note • History
Non-approved guests of a Licensee may be charged a fee established pursuant to Section 42004 of this Article. If a Licensee knew or should have known that one of his/her invitees would make use of their assigned living space and failed to secure approval of the campus president or designee prior to such use, that Licensee shall be liable for the fee and other guest-related charges.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment filed 8-23-2007; operative 8-23-2007. Submitted to OAL for printing only (Register 2007, No. 34).
§42007. Licensee's Responsibility for Conduct of Visitors and Guests.
Note • History
A Licensee may be jointly and severally liable with guests or visitors of such Licensee for all negligent or intentional damage to any university housing facility caused by such guests or visitors as described within the Housing License Agreement of said campus.
NOTE
Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment filed 8-23-2007; operative 8-23-2007. Submitted to OAL for printing only (Register 2007, No. 34).
§42008. Advanced Payment of Fees.
Note • History
Except as authorized by Section 42010, all fees are due and payable in advance. A late fee may be charged of a Licensee who fails to pay any fee when due.
NOTE
Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment filed 8-23-2007; operative 8-23-2007. Submitted to OAL for printing only (Register 2007, No. 34).
Note • History
A campus president or designee may permit a Licensee to pay license fees in installments, provided each installment is paid in advance of the period covered by the installment, and provided further that the Licensee pays the service fee established pursuant to Section 42004.
NOTE
Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment filed 8-23-2007; operative 8-23-2007. Submitted to OAL for printing only (Register 2007, No. 34).
§42010. Deferment of Fee Payment.
Note • History
A campus president or designee may defer payment of license fees for Licensees who are able to demonstrate that they will receive federal, state, or other financial aid and that such aid will be distributed to the Licensee subsequent to the beginning of the fee period. A demonstration of this kind shall include appropriate verification by the campus financial aid office. The Chancellor shall establish terms and conditions for the administration of this section.
NOTE
Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment filed 8-23-2007; operative 8-23-2007. Submitted to OAL for printing only (Register 2007, No. 34).
Note • History
Except as authorized by Section 42010, any Licensee who fails to pay all fees and charges in advance shall have his or her license revoked as of the last day covered by any prior license fee period.
NOTE
Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment filed 8-23-2007; operative 8-23-2007. Submitted to OAL for printing only (Register 2007, No. 34).
§42012. Termination of Use of the Facility.
Note • History
The Licensee shall vacate the student housing facility to which the Licensee is assigned on the expiration of the license period, or upon termination of his or her license to use the facilities, whichever is sooner. Any Licensee who does not vacate the student housing facility as required by this section shall be evicted in the manner provided by the laws of the State of California and charged a daily rate through the length of stay. The campus may charge any other applicable fees or charges. The matter shall be referred to the CSU Office of General Counsel for appropriate legal action. Any property of the Licensee remaining in the student housing facility may be removed and stored by the campus at the expense and risk of the Licensee and will be disposed of pursuant to the laws of the State of California as outlined in Title 5. Section 42375, entitled Care, Restitution, Sale or Destruction of Lost Property, and Section 42376, entitled Proceeds of Sale.
NOTE
Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment filed 8-23-2007; operative 8-23-2007. Submitted to OAL for printing only (Register 2007, No. 34).
§42013. Revocation of Reservation or License.
Note • History
A campus president or designee may revoke a reservation or license for the following reasons:
(a) Disciplinary action taken against the licensee pursuant to Sections 41301-41304 of Article 2 of Subchapter 4 of this Chapter;
(b) Because of administrative necessity of the campus;
(c) Licensee's failure to maintain status as a student as defined by Section 42000 (other than pursuant to discipline);
(d) Licensee's breach of any of the terms and conditions of the license, including failure to pay required fees.
Whenever the campus president or designee revokes a reservation or a license, he or she shall give the licensee reasonable notice of the revocation. Notice of revocation of a license shall be served in the manner prescribed by Section 1162 of the Code of Civil Procedure.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.
HISTORY
1. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment filed 8-23-2007; operative 8-23-2007. Submitted to OAL for printing only (Register 2007, No. 34).
Note • History
A licensee may be required to pay a refundable security deposit. The purpose of the security deposit is to assure the campus that the facility will be occupied by the licensee for the fee period, that all housing fees will be paid, that no damage or loss of property or extraordinary wear will occur and that the housing facility will be left in a reasonably clean condition. The Chancellor shall determine, on a campus-by-campus basis as recommended by the president, whether or not a security deposit will be charged of licensees and, if so, the amount of such deposit.
NOTE
Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42015. Cancellation of Reservation.
Note • History
If written notice of cancellation of a reservation for a housing facility is received by the president at least 30 days prior to the beginning of the fee period, the reservation and any license shall be canceled. If a licensee requests to cancel a reservation less than 30 days prior to the beginning of the fee period, the request shall contain the reasons therefor. The president, using the standards established pursuant to Section 42017 of this Article, may grant or deny the request to cancel.
NOTE
Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
Any licensee who requests to vacate a housing facility shall give at least 30 days' written notice of intention to vacate and the reasons therefor. The president, using the standards established pursuant to Section 42017, may grant or deny the request to vacate.
NOTE
Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42017. Acceptance of Request to Cancel or Vacate.
Note • History
The president shall identify in the license reasonable standards that he or she will apply in determining whether to grant or deny a request to cancel a reservation less than 30 days prior to the beginning of the fee period or a request to vacate.
NOTE
Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
Any notice period described in Sections 42015, 42016, or 42019 may be waived by the campus president or designee when the reason for the cancellation, vacating, or withdrawal is due to a cause beyond the control of the Licensee and the specified notice could not otherwise have been given. The campus president or designee shall determine whether such cause exists based on verified documentation and his/her determination shall be final.
NOTE
Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment filed 8-23-2007; operative 8-23-2007. Submitted to OAL for printing only (Register 2007, No. 34).
§42019. Cancellation, Vacating, or Revocation--Obligation of the Licensee.
Note • History
The following table indicates the obligation of the licensee (as specified in Subsection C of this Section 42019) under conditions of cancellation, vacating or revocation.
Amount
of
Obligation
A. Prior to beginning of fee period.
1. Request by licensee to cancel reservation.
a. with 30-day notice 1
b. with less than 30-day notice
1) president waives notice 1
2) president does not waive notice but
does grant request to cancel 3
3) president does not waive notice and
does not grant request to cancel 2
2. Revocation of reservation by the president,
all instances 1
B. On or after beginning of fee period
1. Request by a licensee to vacate
a. with 30-day notice
1) president approves the request 3
2) president denies the request 4
b. with less than 30-day notice
1) president approves the request and
waives notice 5
2) president approves the request but full notice 3
3) president denies the request 4
2. Revocation of license by the president.
a. as a result of disciplinary pursuant to
Sections 41301-41304 of Article 2 of
Subchapter 4 of this Chapter 4
b. because of administrative necessity. 5
c. because licensee is no longer a student
(other than pursuant to discipline):
1) academically dismissed 5
2) all other withdraws:
a) with 30-day notice of withdraw 3
b) with less than 30-day notice of withdraw
(1) president waives notice 5
(2) president does not waive notice 3
d. breach of terms or conditions of the license,
including nonpayment of fees 4
C. Amount of obligation to the licensee.
1. Licensee has no financial obligation other than the non-refundable service fee.
2. Except as provided in Subsection D of this Section, licensee shall owe the amount due under the full fee period of the license.
3. Except as provided in Subsection D of this Section, licensee shall owe an amount equal to a prorated charge for each day from the beginning of the fee period, through the end of the required notice period, plus any charge authorized by Section 42021 of this Article.
4. Except as provided in Subsection D of this Section, licensee shall owe the amount due under the full fee period of the license, plus any charge authorized by Section 42021.
5. Licensee shall owe an amount equal to a prorated charge for each day from the beginning of the fee period through the last day of occupancy, plus any charge authorized by Section 42021.
D. Mitigation. The campus president or designee shall minimize the obligation of a Licensee by applying a prorated credit for each day during the fee period that the campus has been able to cover its damages. Factors to be considered in determining whether the campus has been able to cover its damages for purposes of this Subsection may include, but not be limited to: (1) whether the campus is able to re-license the student housing facility to someone else prior to the end of the fee period; (2) the amount of the fee at which the student housing facility is re-licensed; (3) the vacancy rate of the residence hall (or other state owned or operated dwelling) within which the housing facility is located; and (4) financial considerations of the campus housing system.
NOTE
Authority cited: Sections 66600, 89030, 89035, 89700 and 90012, Education Code. Reference: Section 90000, Education Code.
HISTORY
1. Amendment of subdivision B. filed 1-30-79; effective thirtieth day thereafter (Register 79, No. 5).
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
3. Amendment of paragraph D. filed 8-23-2007; operative 8-23-2007. Submitted to OAL for printing only (Register 2007, No. 34).
Note • History
In instances of cancellation, revocation, or vacating, the licensee shall owe fees as provided in Section 42019 of this Article, regardless of whether the licensee ever assumed actual occupancy and regardless of whether a licensee who has assumed actual occupancy moves out of the facility prior to the designated period of obligation. The campus shall refund all money collected in excess of such obligation as soon as reasonably possible.
NOTE
Authority cited: Sections 66600, 89030, 89035, 89700 and 90012, Education Code. Reference: Section 90000, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42021. Offset Against Refunds.
Note • History
Any refunds authorized by this Article shall be offset by the cost of restoring damaged or lost or destroyed property, normal wear and tear excepted, and by the added cost of cleaning a housing facility that has not been left in a reasonably clean condition. Such offset shall be applied first to the security deposit, and should that deposit be insufficient, the offset will be applied to any prepaid license fee. Should both the security deposit and prepaid license fee be insufficient to cover these costs, the licensee shall promptly pay for the difference.
Prior to exercising an offset pursuant to this section the president shall notify the licensee of the basis for the proposed action and afford the licensee an opportunity to question the process.
NOTE
Authority cited: Sections 66600, 89030, 89035, 89700 and 90012, Education Code. Reference: Section 90000, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42022. Fees Collected in Error.
Note • History
Notwithstanding any other provision of this Article, a campus shall refund all fees collected in error.
NOTE
Authority cited: Sections 66600, 89030, 89035, 89700 and 90012, Education Code. Reference: Section 90000, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42023. Collection of Miscellaneous Fees.
Note • History
The president may collect membership fees on behalf of housing clubs or organizations and may disburse such membership fees to the club or organization, provided that membership in such club or organization is voluntary.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42024. Amendment to Regulations.
Note • History
The terms and conditions under which a licensee occupies assigned housing facilities are subject to change or modification as effected by amendment to these regulations.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.
HISTORY
1. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 6. Meals
§42100. Required Purchase of Meals.
Note • History
A president may require all licensees to purchase meals at specified campus food service facilities. If a licensee shows good cause, the president may excuse the licensee from purchasing meals at facilities on the campus.
NOTE
Authority cited: Sections 66600, 89030, 89035, 89700 and 90012, Education Code. Reference: Section 90000, Education Code.
HISTORY
1. Repealer of Article 6 (Sections 42100, 42101) and new Article 6 (Sections 42100, 42102, 42103) filed 7-28-76; effective thirtieth day thereafter (Register 76, No. 31). For former history, see Register 72, No. 35.
2. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
Payment of meal fees shall be made in the same fashion as payment of the license fee pursuant to Article 5 of this Subchapter.
NOTE
Authority cited: Sections 66600, 89030, 89035, 89700 and 90012, Education Code. Reference: Section 90000, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42103. Disposition of Fees Collected.
Note • History
Campus food services may be offered through the Dormitory Revenue Fund or through contract with an appropriate campus auxiliary organization or food servicing enterprise as determined by the Chancellor, in consultation with the president. A campus may collect fees for such services in accordance with Section 42102 of this Article and may place such fees in the Dormitory Revenue Fund or disburse such fees to the appropriate campus auxiliary organization or food service enterprise.
NOTE
Authority cited: Sections 66600, 89030, 89035, 89700 and 90012, Education Code. Reference: Sections 89901 and 90074, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 7. Parking
§42200. Driving and Parking Vehicles on Campus Property.
Note • History
No person shall drive any vehicle, nor shall any person stop, park, or leave standing any vehicle upon the driveways, paths, parking facilities or grounds of any campus, except with the permission of the president of the campus, and then subject to the following limitations and conditions:
(a) The president of the campus shall designate the driveways on the campus under his or her direction which shall be open to public traffic and shall place appropriate signs indicating the time and the conditions under which said driveways may be used.
(b) The president of the campus shall designate, subject to the limitations and conditions in subdivision (c), the areas on the campus set aside for the parking of automobiles by students, by employees of the campus, and by the general public. Appropriate signs indicating the time and the conditions under which the parking of automobiles is permitted in the areas so designated shall be placed at or near such parking areas.
(c)Vehicles displaying a valid campus parking permit and a distinguishing license plate or placard issued by the State of California's Department of Motor Vehicles, or by the appropriate authority of another state, issued for a vehicle registered to a disabled person or a vehicle used primarily to transport a disabled person, shall be allowed to park for unlimited periods in any of the following areas:
(1) In any area designated by the president pursuant to subdivision (b) including areas reserved for employees of the campus excluding any area for which parking is prohibited for all vehicles or parking is reserved for police, emergency, service, or other such special vehicles.
(2) In any metered parking space without being required to pay a parking meter fee.
NOTE
Authority cited: Sections 67311.5, 89030, 89031, and 90012, Education Code; and Section 21113, Vehicle Code. Reference: Sections 67311.5, 89030, 89031, 89701, and 90012, Education Code; and Section 21113, Vehicle Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
3. Amendment of subsection (b) and Note and adoption of subsection (c) filed 1-2-92; operative 2-3-92 (Register 92, No. 11).
Note • History
(a) Permission of the president of a campus to stop, park or leave standing a vehicle on property of a campus may be granted to persons who have paid a parking fee or have been granted a parking fee waiver subject to the limits and conditions in subsection (b)(6). The fee and refund of the fee shall be in accordance with schedules approved by the Trustees. Proportionate charges shall be made for lesser periods or occasional use of parking areas. Payment of prescribed parking fees by deposit of coins in mechanical devices provided by the campus shall constitute compliance with this section. Evidence of compliance with this section shall be demonstrated by display in plain view on each vehicle of a valid parking permit or by other means prescribed by the president. The president of the campus shall provide parking fee financial assistance to any student with disabilities who has demonstrated financial need according to the need analysis procedure for campus based financial aid authorized by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. § 1087kk et seq.), and who possesses a distinguishing license plate or placard issued by the State of California's Department of Motor Vehicles or by the appropriate authority of another state, and who requests such assistance. The president shall establish procedures for meeting such need by providing financial aid or by issuing a campus parking fee waiver.
(b) The payment of a fee shall not be required of:
(1) Persons stopping or parking a vehicle when necessary to avoid conflict with other traffic or in compliance with a traffic control signal device or the direction of the Campus Police or a Campus Police Officer in the control of traffic;
(2) Persons, not employed by the campus, visiting the campus for the purpose of transacting state business with the campus;
(3) Persons stopping or parking a vehicle temporarily in areas designated by the campus for the purpose of loading or unloading merchandise or picking up or discharging passengers;
(4) Persons temporarily stopping, parking, or leaving a vehicle where such vehicle is disabled in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle on said property;
(5) Occupants of residence halls constructed under the State College Revenue Bond Act of 1947 to whom parking facilities have been assigned pursuant to Section 42202.
(6) Students with disabilities who possess a distinguishing license plate or placard issued by the State of California's Department of Motor Vehicles or by the appropriate authority of another state, and who have demonstrated financial need for parking fee financial assistance as determined by the campus president according to the need analysis procedure for campus based financial aid authorized by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. § 1087kk et seq.), and have received a campus parking fee waiver.
NOTE
Authority cited: Sections 89030, 89700, 89701 and 90012, Education Code. Reference: Sections 89701 and 67311.5, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35). For prior history, see Register 67, No. 32.
2. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
4. Amendment of subsection (a) filed 4-21-86; effective thirtieth day thereafter (Register 86, No. 17).
5. Amendment of subsection (a), new subsection (b)(6) and amendment of Note filed 9-1-94; operative 9-1-94 (Register 94, No. 35).
§42202. State College Revenue Bond Parking Facilities.
Note • History
(a) To the extent available, parking facilities constructed prior to July 1966 under the State College Revenue Bond Act of 1947 are to be assigned to occupants of the residence halls constructed under the act on a first come first served basis.
If any spaces are unassigned to such occupants, they may be made available to students and other persons. All users of such spaces shall pay a parking fee. Such fees shall be in accordance with the schedules of fees approved by the Trustees and shall be in amounts not less than those required by the provisions of any indenture issued or resolution adopted pursuant to that act. Proportionate charges shall be made for lesser periods or occasional use of parking areas.
(b) Payment of prescribed parking rental by deposit of coins in mechanical devices provided by the campus shall constitute compliance with this section. Evidence of compliance with this section shall be demonstrated by display in plain view on each vehicle of a valid parking permit or by other means prescribed by the president.
NOTE
Authority cited: Sections 66600, 89030, 89035, 89700, 89701 and 90012, Education Code; and Section 21113, Vehicle Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment of subsection (b) filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35). For prior history, see Register 67, No. 32.
2. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
As used in Sections 42200 and 42201 of this Article the terms “campus” or “any campus” include the Headquarters of The California State University and the term “president” includes the Chancellor.
NOTE
Authority cited: Sections 66600, 89030, 89035, 89700, 89701 and 90012, Education Code; and Section 21113 Vehicle Code. Reference: Sections 89700 and 89701, Education Code; and Section 21113, Vehicle Code.
HISTORY
1. New section filed 10-1-76; effective thirtieth day thereafter (Register 76, No. 40).
2. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 8. Gifts, Donations, and Bequests to California State University [Repealed]
HISTORY
1. Repealer of article 8 (sections 42300-42301) filed 9-26-97; operative 9-26-97. Submitted to OAL for printing only (Register 98, No. 20). For prior history of article 8, see Register 82, No. 39.
Article 9. Use of California State University Buildings and Grounds
Note • History
As used in this Article the following definitions apply:
(a) “Sale,” “selling” or “purchasing” mean an activity creating an obligation to transfer property or services for a valuable consideration.
(b) “Commercial solicitation” means any direct and personal communication in the course of a trade or business reasonably intended to result in a sale.
(c) “Solicitation” means to importune, or endeavor to persuade or obtain by asking, but does not include “commercial solicitation.”
(d) “Private sale” means occasional selling between persons who are campus students or employees.
(e) “Commercial transaction” means selling or purchasing or both selling and purchasing by any person in the course of employment in, or in the carrying on of, a trade or business.
(f) “Campus president” means those persons referred to in Section 42355 and includes their designees.
NOTE
Authority cited: Sections 66600, 89030, 89031 and 89035, Education Code. Reference: Section 89031, Education Code.
HISTORY
1. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 72, No. 35.
2. Amendment filed 5-31-79; effective thirtieth day thereafter (Register 79, No. 22).
3. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42350.1. Commercial Transactions.
Note • History
(a) Commercial transactions and the display of property or services for sale on a campus is prohibited except with written permission by the campus president. Such permission shall be granted if
(i) the proposed activity aids achievement of the educational objectives of the campus, does not unreasonably interfere with the operation of the campus and is not prohibited by law, or
(ii) the prospective buyer has agreed in writing in advance to an appointment, and the prospective seller makes no more than one appointment for any day, and such appointment does not interfere with the operation of the campus.
(b) This section shall not apply to private sales.
NOTE
Authority cited: Sections 66600, 89030, 89031 and 89035, Education Code. Reference: Section 89031, Education Code.
HISTORY
1. New section filed 5-31-79; effective thirtieth day thereafter (Register 79, No. 22).
2. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
(a) Solicitation shall be permitted on a campus subject, however, to a reasonable regulation by the campus president as to time, place and manner thereof. Solicitation in violation of established campus directives regarding time, place and manner is prohibited.
(b) All directives issued by the campus president pursuant to this section shall be available to the public at places designated pursuant to Section 42354.
NOTE
Authority cited: Sections 66600, 89030, 89031 and 89035, Education Code. Reference: Section 89031, Education Code.
HISTORY
1. New section filed 5-31-79; effective thirtieth day thereafter (Register 79, No. 22).
2. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42350.6. Commercial Solicitation.
Note • History
(a) Commercial solicitation on a campus is prohibited unless prior written authorization has been obtained from the campus president. Permission for commercial solicitation shall be granted by the campus president subject, however, to regulation as to time, place and manner thereof, unless such solicitation for sale would be in violation of law.
(b) Sites available to marketers of student credit cards shall be limited and registered with the campus administration. Those marketers shall be prohibited from offering gifts to students for filling out student credit cards applications. As used in this section, “student credit cards” shall have the meaning in Civil Code section 1747.02(m).
(c) All directives issued by the campus president pursuant to this section shall be available to the public at places designated pursuant to Section 42354.
NOTE
Authority cited: Sections 89030 and 89031, Education Code. Reference: Sections 89031 and 99030, Education Code.
HISTORY
1. New section filed 5-31-79; effective thirtieth day thereafter (Register 79, No. 22).
2. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
3. New subsection (b), subsection relettering and amendment of Note filed 2-8-2002; operative 2-8-2002. Submitted to OAL for printing only (Register 2002, No. 9).
§42351. Selling of Published Materials.
Note • History
(a) Except in the case of private sales and commercial transactions to which Section 42350.1 applies, the selling or displaying for sale of any books, newspapers, pamphlets and other published materials shall be permitted on campus provided:
(i) such published materials are not available for sale at the campus bookstore, and
(ii) the selling or display of such published materials is conducted in compliance with any time, place and manner directives adopted by the president, and
(iii) the published materials displayed or offered for sale are not in violation of the provisions of Chapter 7.5, Title 9, Part 1 (commencing with Section 311) of the Penal Code (relating to the sale and distribution of obscene matter), or of Chapter 6, Title 3 (commencing with Section 66400) of the Education Code (relating to the preparation, sale and distribution of term papers, theses and other materials to be submitted for academic credit).
(b) Selling or displaying for sale of published materials in violation of subsection (a) is prohibited.
NOTE
Authority cited: Sections 66600, 89030, 89031 and 89035, Education Code. Reference: Section 89031, Education Code.
HISTORY
1. Amendment of Subsection (a) filed 12-29-70; effective thirtieth day thereafter (Register 71, No. 1).
2. Amendment of Subsection (a) filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment filed 5-31-79; effective thirtieth day thereafter (Register 79, No. 22).
4. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42352. Handbills and Circulars.
Note • History
(a) No person or persons shall, upon any of the grounds of any campus cast, throw, deposit, or distribute any advertising handbills or circulars which contain false, misleading, or illegal advertising.
(b) The distribution of written or printed matter shall be permitted on campus, subject, however, to reasonable directives by the campus president as to the time, place and manner thereof. All directives issued by a campus president pursuant to this section shall be available to the public at places designated pursuant to Section 42354. Distribution of written or printed matter in violation of established campus directives regarding time, place and manner is prohibited.
NOTE
Authority cited: Sections 66600, 89030, 89031 and 89035, Education Code. Reference: Section 89031, Education Code.
HISTORY
1. Amendment filed 12-29-70; effective thirtieth day thereafter (Register 71, No. 1).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment of Subsection (c) filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Amendment filed 5-31-79; effective thirtieth day thereafter (Register 79, No. 22).
5. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42353. Public Meetings, Performances, Rallies and Similar Events.
Note • History
(a) The president of the campus may permit the use of campus buildings and grounds for public meetings, performances, rallies and similar events held in accordance with reasonable directives issued by the respective campus president as to the time, place and manner thereof. Any such event occurring on campus in violation of established campus directives regarding time, place and manner is prohibited.
(b) All directives issued by a campus president pursuant to this section shall be available to the public at places designated pursuant to Section 42354.
NOTE
Authority cited: Sections 66600, 89030, 89031 and 89035, Education Code. Reference: Section 89031, Education Code.
HISTORY
1. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 72, No. 35).
2. Amendment filed 5-31-79; effective thirtieth day thereafter (Register 79, No. 22).
3. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42353.1. Bicycles, Skateboards, Roller Skates, and Animals.
Note • History
(a) The president of the campus may permit forms of transportation on the campus in accordance with reasonable directives issued by the campus president. No person shall use forms of transportation upon the campus driveways, pathways, parking facilities or grounds except in accordance with directives issued by the campus president. The campus president may designate the campus areas that shall be open to use of forms of transportation, and shall place appropriate signs indicating the time and the conditions for their use. “Forms of transportation,” shall include bicycles, motorized bicycles, scooters, motorized scooters, skateboards, roller skates including inline skates, and other forms of transportation that are not motor vehicles.
(b) No person shall bring an animal onto the grounds or into the buildings of a campus except in accordance with directives issued by the campus president. The president of the campus may permit animals on campus in accordance with reasonable directives issued by the campus president. The president shall consider such factors as the safety of the campus community, cleanliness of the buildings and grounds of the campus, and the needs of the animal's owner as in the case of service animals.
NOTE
Authority cited: Sections 89030 and 89031, Education Code; and Section 21113, Vehicle Code. Reference: Section 89031, Education Code; and Section 21113, Vehicle Code.
HISTORY
1. New section filed 2-2-2004; operative 2-2-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 8).
Note • History
Notice shall be posted at or near the principal entrances of each campus calling attention to the existence of regulations relating to use of CSU buildings and grounds and designating the places where copies thereof and of directives issued by the campus president pursuant thereto may be examined.
NOTE
Authority cited: Sections 89030 and 89031, Education Code. Reference: Section 89031, Education Code; and Section 21113, Vehicle Code.
HISTORY
1. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 72, No. 35).
2. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
3. Editorial correction of Authority cite (Register 95, No. 9).
4. Amendment of section and Note filed 2-2-2004; operative 2-2-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 8).
Note • History
As used in Sections 42350 through 42354 of this Article and where appropriate the terms “campus” or “any campus” include the Headquarters of The California State University and the terms “President” or “President of the campus” include the Chancellor.
NOTE
Authority cited: Sections 66600, 89030, 89031 and 89035, Education Code. Reference: Section 89031, Education Code.
HISTORY
1. New section filed 1-10-77; effective thirtieth day thereafter (Register 77, No. 3).
2. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
The president of each campus and the Chancellor for the headquarters office may adopt rules regulating smoking on the campuses and property of the California State University. The regulation shall seek to mitigate exposure to second hand smoke. Notice shall be posted at or near the principal entrances of each campus or property calling attention to the existence of the rules.
NOTE
Authority cited: Sections 89030 and 89031, Education Code. Reference: Section 89031, Education Code; and Sections 7596 et seq. and 19994.30 et seq., Government Code.
HISTORY
1. New section filed 9-30-2002; operative 9-30-2002. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2003, No. 1).
2. Change without regulatory effect adding section to Reference citations filed 3-29-2007; operative 3-29-2007 pursuant to Education Code section 89030.1(e). Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2007, No. 13).
Article 10. Disposition of Lost Property
§42375. Care, Restitution, Sale or Destruction of Lost Property.
Note • History
The Chancellor or his designee may provide for the care, restitution, sale or destruction of unclaimed, lost or abandoned property in the possession of any campus in accordance with California Civil Code Section 2080.8. Unclaimed, lost, or abandoned property valued at or above three hundred dollars ($300) shall be held by the campus for a period of at least three months. After such time the property shall be sold at public auction to the highest bidder. Notice of such sale must be published once at least five days prior to the sale in a newspaper of general circulation in the county in which the property is held. The campus may dispose of any of that property upon which no bid is made at any sale.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code; and Section 2080.8, Civil Code. Reference: Section 2080.8, Civil Code.
HISTORY
1. New Article 10 (Sections 42375 and 42376) filed 10-11-68; effective thirtieth day thereafter (Register 68, No. 38).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
5. Amendment of section and Note filed 2-22-2011; operative 2-22-2011 pursuant to Education Code section 89030.1. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 2011, No. 8).
Note • History
Money received by reason of a sale pursuant to Section 42375 shall be used for scholarships and loans to students enrolled at the campus at which such sale is held. Criteria of eligibility and procedures for the award of such scholarships and loans shall be established by the campus at which the award is made. While held pending the grant of a scholarship or loan, such money may be invested by the State Treasurer upon approval of the Chancellor or designee, in those eligible securities listed in Section 16430 of the Government Code, in which event all interest or other earnings received pursuant to such investment shall also be used for such scholarships and loans.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code; and Section 2080.9, Civil Code. Reference: Section 2080.9, Civil Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 11. Means of Collection
§42380. Debts Owed California State University.
Note • History
As used in this Article 11, a “debt” is an unpaid obligation of a student or former student, however incurred, arising while the debtor was a student, for loans, services, use of facilities or equipment, materials, food, or merchandise furnished to the student by the California State University.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. New Article 11 (#T5 42380, 42381) filed 10-8-71; effective thirtieth day thereafter (Register 71, No. 41).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42381. Withholding of Services for Non-Payment of Debts.
Note • History
The Chancellor may authorize a president of a campus, or designee, to withhold permission to register, to use facilities for which a fee is authorized to be charged, to receive services, materials, food or merchandise, or any combination of the above from any person owing a debt as defined in Section 42380. The Chancellor is authorized to establish and from time to time revise procedures for the implementation of this Section.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 12. State College Special Projects Fund
§42390. Rules and Procedures of State College Special Projects Fund.
Note • History
The Chancellor shall establish rules and procedures under which the State College Special Projects Fund shall operate. The Chancellor may delegate to the Presidents authority with respect to the operation of research, workshops, conferences, institutes, and special projects, all under the State College Special Projects Fund, on their campuses. The Chancellor shall report to the Board on procedures issued or revised pursuant to this Section.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89725, Education Code. Reference: Section 89725, Education Code.
HISTORY
1. New Article 12 (Section 42390) filed 2-6-73; effective thirtieth day thereafter (Register 73, No. 6).
2. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 13. Emergency Meeting [Repealed]
HISTORY
1. Repealer of article 13 (section 42395) and section filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36). For prior history, see Register 82, No. 39.
Article 14. Privacy and Personal Information Management
Note • History
The Board of Trustees recognizes that the right of privacy is an inalienable right protected by Section 1, Article 1 of the California Constitution. To confirm past practices with respect to this right and to further implement this right within and throughout the California State University, the Trustees have adopted this Article.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. New Article 14 (Sections 42396, 42396.1-42396.5) filed 2-18-77; effective thirtieth day thereafter (Register 77, No. 8).
2. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
The following definitions shall apply to this Article:
(a) The phrase “personal information” means any record of information which is retrieved by the name of a person or by some identifying particular assigned to the person.
(b) The term “person” means a natural person.
(c) The term “system” means an official file or collection of files containing personal information.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42396.2. Principles of Personal Information Management.
Note • History
The following principles of personal information management shall be implemented within The California State University:
(a) There should be no personal information system the existence of which is secret.
(b) Personal information should not be collected unless the need for it has been clearly established in advance.
(c) Personal information should be appropriate and relevant to the purpose for which it has been collected.
(d) Personal information should not be transferred outside The California State University unless the transfer is compatible with the disclosed purpose for which it was collected.
(e) Personal information should be used as a basis for a decision only when it is accurate and relevant.
(f) There should be procedures established by which a person may learn what personal information about him or her has been retained by The California State University and where lawful, have those records disclosed to him or her, pursuant to the provisions of this Article.
(g) There should be established within The California State University procedures by which a person may request in writing addition to or deletion of personal information about himself or herself which does not meet the principles in this section. Such requests should be honored within a reasonable length of time or the person should be permitted to file a concise statement of dispute regarding the personal information which shall become a permanent part of the record, or, the disputed personal information should be destroyed.
(h) Precautions should be taken to prevent the unauthorized access to or use of personal information retained by The California State University.
These principles shall be construed and implemented so as to be consistent with all federal and state laws otherwise regulating or allowing for the use of personal information, including but not limited to Education Code Section 89546 relating to employee records and Education Code Sections 67000-67147.5 relating to student records.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
No provision of this Article shall be construed to require access to records that are exempted or privileged from disclosure by state or federal law.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42396.4. Administrative Implementation.
Note • History
This Article shall be implemented by the Chancellor. The Chancellor may establish policies and procedures to administer the use of personal information by The California State University. Appropriate consideration shall be given to the impact such implementation, policies and procedures will have upon budgetary and administrative limitations affecting The California State University.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42396.5. Continuing Review of Information Management Practices.
Note • History
The Chancellor shall establish appropriate policies and procedures to review on a regular and continuing basis the coordination and use of information within the California State University. The results of this review will be made known regularly to the Chancellor for appropriate consideration.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
HISTORY
1. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 15. Alumni Associations
Note • History
Campus alumni organizations aid the California State University in achieving its goals by providing leadership in fostering participation and support of campus priorities and representing alumni interests. As a public trust and the beneficiary of the support provided by alumni associations, the trustees are obligated to require that the funds raised by alumni associations be properly controlled and expended. Consequently, it is the intent of the trustees (1) to develop policies and procedures governing the recognition and management of alumni organizations, including the use of funds and institutional resources and, (2) to ensure cooperative and collaborative efforts between the alumni organizations and the campuses. To accomplish this, the campus president has the responsibility of granting and periodically reviewing recognition of a campus alumni association. These provisions govern the relationship between the alumni association and the campus it supports.
NOTE
Authority cited: Sections 89030 and 89031.1, Education Code. Reference: Sections 89030 and 89902, Education Code.
HISTORY
1. New article 15 (sections 42397-42397.11) and section filed 11-20-2002; operative 11-20-2002. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2003, No. 5).
Note • History
(a) A campus president, by agreement between the campus and the organization, may recognize as the campus alumni association a single campuswide organization that has the following characteristics:
(1) is organized and operated solely for the benefit of the university and its alumni;
(2) has as its purpose providing service and support to its members, the alumni of the campus, and to the university;
(3) does not restrict membership or benefits of membership on the basis of race, religion, national origin, gender, physical disability or sexual orientation;
(4) recognizes the unique role of the campus president in setting campus priorities;
(5) is the umbrella organization for the constituency alumni groups of the campus; and
(6) irrevocably dedicates its assets for the benefit of a campus of the California State University. In the event of the association's dissolution, its assets shall be transferred to the campus or an auxiliary organization designated by the campus president for purposes consistent with the purposes of the association and the terms of the individual gifts that are part of the assets, and, if a corporation, in conformance with the California Nonprofit Corporation Law.
(b) Each recognized alumni association shall enter into an agreement with the campus that shall include the following:
(1) the provisions of this article shall be incorporated by reference;
(2) the exchange of value between the campus and the alumni association shall be expressed and may include provision of facilities and other tangible as well as intangible exchanges;
(3) a license agreement for use of the campus name and symbols;
(4) authority and responsibility with regard to use of the campus alumni database; and
(5) the term of the agreement.
In addition, the agreement may include other provisions unique to each campus and alumni association such as the following:
(6) financial management and record keeping arrangements between the parties;
(7) provisions for the construction and operation of an on-campus alumni center;
(8) provisions for use of alumni association name and symbols; and
(9) such other provisions that may pertain to the relationship between the campus and the alumni association.
(c) Compliance with this article and the agreement between the campus and the alumni association is a condition of continued recognition. A copy of this article and the agreement shall be given to all members of the campus alumni association's governing body and to any new member of the governing body when the new member takes office.
(d) To obtain and maintain recognition, the campus alumni association shall submit the following to the campus president or designee on an annual basis or otherwise as specified by the campus president:
(1) a current list of officers, members of the governing body, and the principal contact person for the organization;
(2) a statement of the organization's purpose and goals consistent with subsection (a) and copies of the current enabling documents of the organization (i.e., bylaws, constitution, articles of incorporation, or other governing document);
(3) a current roster of names and addresses of donors and members, unless such records are otherwise maintained by the campus;
(4) a statement signed by the officers/representatives of the organization that the governing body has read and formally voted that it will comply with this article and the agreement;
(5) a copy of the organization's annual financial statements;
(6) for an organization with accounts at a financial institution, a list identifying all such accounts, including the institution's name and address, the organization's account numbers, and a statement signed by an appropriate officer or representative of the organization authorizing the campus to obtain upon request from the financial institution information, records, or photocopies of transactions relating to the accounts; and
(7) for an incorporated, tax-exempt organization, (A) a copy of the organization's state and federal tax-exempt status determination letter; (B) a copy of the organization's most recent Internal Revenue Service Form 990; and (C) a list of the types of activities, including fundraising and membership drives, the organization intends to undertake and how the organization intends to financially support these activities.
(e) The following are among the privileges that may be granted by the campus president to a recognized campus alumni association:
(1) use of the name of the campus and symbols, including the name of its mascot or other identifying marks that would cause the public to assume it is dealing with the university or a university recognized group;
(2) use of the campus as approved by the campus president or designee in performance of an association's recognized activities; and
(3) use of a campus auxiliary organization's investment services, as approved by the campus president or designee.
(f) Under the authority of the campus president, the recognized campus alumni association may be assigned the responsibility of ensuring that all geographical and special interest chapters of the campus alumni association, as well as other recognized constituency alumni groups, are in compliance with this article.
(g) After July 1, 2003, use of the campus name and symbols, including mascot or other identifying mark, by an organization that has operated as a campus alumni association, is prohibited unless the organization has been recognized by the campus as the campus alumni association under the provisions of this article. A campus alumni association that meets the criteria of this article and has been recognized as the campus alumni association shall not have that recognition withdrawn by the campus president except for material noncompliance with this article, after having been given an opportunity to correct the noncompliance.
NOTE
Authority cited: Sections 89030 and 89031.1, Education Code. Reference: Sections 89030 and 89902, Education Code.
HISTORY
1. New section filed 11-20-2002; operative 11-20-2002. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2003, No. 5).
Note • History
(a) A campus alumni association may be included as part of the university or an auxiliary organization or, if organizationally separate from the university or an auxiliary organization, shall obtain and maintain status as a tax-exempt organization under state and federal law.
(b) Campus presidents are responsible for determining that campus alumni associations are in compliance with this article and have authority to require campus alumni associations to provide written evidence of compliance.
(c) Campus presidents may, after consultation with the campus alumni association, establish additional written campus policies governing campus alumni associations consistent with this article. Copies of these policies and any amendments thereto shall be forwarded promptly upon their issuance to the Chancellor.
(d) A campus alumni association shall comply with campus policies pertaining to use of the campus name and symbols.
NOTE
Authority cited: Sections 89030 and 89031.1, Education Code. Reference: Sections 89030 and 89902, Education Code.
HISTORY
1. New section filed 11-20-2002; operative 11-20-2002. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2003, No. 5).
2. Repealer of subsection (b) and subsection relettering filed 2-27-2012; operative 2-27-2012. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2012, No. 9).
Note • History
(a) Fundraising campaigns proposed by a campus alumni association shall be approved in advance in writing by the campus president or designee as provided in campus policy. Solicitations of membership dues do not require such advance approval and are not fundraising within the meaning of this article. All fundraising campaigns shall be coordinated through the campus development office. Campus alumni associations may accept gifts only if the associations comply with the financial policies of this article, including, for alumni associations separate from the state, maintaining state and federal tax-exempt status. Campus alumni associations shall acknowledge and thank donors who have made gifts in a manner consistent with campus development policies.
(b) A campus alumni association shall advise donors that any restrictive terms and conditions attached to gifts for the campus are subject to campus approval.
(c) All gifts for the benefit of a campus alumni association shall be reported by the association to the campus president or designee.
NOTE
Authority cited: Sections 89030 and 89031.1, Education Code. Reference: Sections 89030 and 89902, Education Code.
HISTORY
1. New section filed 11-20-2002; operative 11-20-2002. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2003, No. 5).
§42397.4. Financial Activities.
Note • History
(a) Financial Control: Financial activities of a campus alumni association shall be administered and reported to its governing body in accordance with prudent business practices, generally accepted accounting principles, and this article.
(b) State Funds: State Funds shall not be transferred to a campus alumni association. Payments for commensurate value received are permitted, but gifts or unrestricted grants are not.
(c) Submission of Budget and Report of Expenditures: The campus alumni association shall submit its budget to the campus president for review at least 30 days prior to the commencement of the fiscal year. Within 180 days of the close of each fiscal year, the campus alumni association shall submit to the campus president a detailed report comparing budgeted to actual expenditures by fund source. Upon request, a campus alumni association shall submit to the president, within 30 days of such request, interim financial information.
(d) Bonding and Insurance: The governing body of a campus alumni association shall make an express determination of the appropriateness, necessity, and amounts of any bonds for officers and staff members. General liability and directors' and officers' liability insurance also shall be obtained in amounts determined annually by the governing body to be reasonable, appropriate, and necessary. The insurance may be provided by a campus auxiliary organization. Any general liability insurance obtained by or on behalf of a campus alumni association shall name the campus as an additional insured.
(e) Funds for Support of University Departments: Restricted funds received or unrestricted funds, including investment payout, allocated for support of campus departments or programs, shall be transferred at least annually to the campus, unless otherwise provided by the campus president, and shall be administered in accordance with campus policies and expended from campus department or program accounts.
(f) Bank Accounts: Only the following expenditures for campus alumni association activities may be made from bank accounts:
(1) payments for goods, facilities, and services including salaries of staff, if the goods, facilities, and services are in connection with official activities of the campus alumni association;
(2) payments for audit, tax preparation, and legal fees;
(3) payments to donors and members to refund contributions and dues as permitted by law, or to return overpayments pursuant to a donor's or member's request;
(4) payments to other organizations of donations or other remittances made in error;
(5) transfers to the campus or a campus auxiliary organization;
(6) travel expenses reimbursement, scholarships, support of campus activities; and
(7) legally appropriate payments from its bank account to support ballot measures beneficial to the university and endorsed by the trustees.
(g) Disbursements: All disbursements on behalf of a campus alumni association shall be approved by an officer or employee designated by the governing body. The governing body of the campus alumni association shall specify an amount beyond which checks must bear the signatures of two persons designated by the governing body.
(h) Financial Statements: Financial statements and expenditures by a campus alumni association shall be in accordance with campus policies, with detailed budgets approved by the campus alumni association's governing body.
(i) Payments to University Employees: A campus alumni association shall not (a) directly or indirectly employ, (b) supplement the salary of, or (c) provide any consulting fees, loans, or perquisites to campus employees outside of established personnel policies and practices of the California State University.
(j) Payments to Directors and Officers: Except for reimbursement for expenses incurred on its behalf, a campus alumni association shall not pay any salaries, consulting fees, loans, or perquisites to a campus alumni association director, officer, or volunteer without the campus president's prior written approval.
(k) Deposit of Gifts to the Campus: Campus funds or gifts payable to the California State University shall not be deposited with or transferred to a campus alumni association.
(l) Solicitation Literature: When a fundraising campaign has been approved by the campus president, a campus alumni association's solicitation literature shall make it clear when gifts are to be made payable to the campus alumni association. Each campus alumni association shall develop a procedure to document when gifts intended for it have erroneously been made payable to the campus and, when such documentation is provided, the campus may issue an exchange check to a campus alumni association.
(m) Gift Expenses: If charges against gifts are to be made for costs of administering a gift to the campus alumni association, the campus alumni association shall include in its literature a statement to that effect. The charges shall be approved by the campus president and the campus alumni association's governing body, and the nature of such charges shall be disclosed in the campus alumni association's audited financial statement.
(n) Report to Registry of Charitable Trusts and Statement of Domestic Nonprofit Corporation: Complete copies of the campus alumni association's annual report to the State Registry of Charitable Trusts and bi-annual Statement of Domestic Nonprofit Corporation shall be provided by the campus alumni association to the campus president, at the time the report or statement is filed.
(o) Political Activities: No substantial part (as those terms are used in the Internal Revenue Code and regulations) of the activities of a campus alumni association shall attempt to influence legislation, or participate or intervene in any political campaign in support of or opposition to legislation. No part of those activities may be on behalf of any candidate for public office. However, advocacy on behalf of the campus is permitted if it is consistent with the legislative, budgetary, and electoral objectives of the university, pursued in coordination with the campus president, consistent with state law, the Internal Revenue Code and regulations, and in accordance with the articles and bylaws of the campus alumni association.
(p) Conflicts of Interest: Business transactions involving the campus alumni association and the personal or business affairs of a director, officer, or staff member shall be approved in advance by the governing body. In addition, directors, officers, and staff members of a campus alumni association shall disqualify themselves from making, participating in making, or in any way attempting to use their official positions to influence a decision in which they have or would have a financial interest, as provided in Government Code Section 87100 and the definitions of the Political Reform Act and its implementing regulations, as if the director, officer, or staff member were a state employee. A financial interest exists if it is reasonably foreseeable that the decision will have a material financial effect on the director, officer, or staff member or his or her immediate family, or on any business entity in which a $2,000 or more investment is held; any real property in which a $2,000 or more interest is held; any source of income of $500 or more received within the past 12 months; any donor of gifts aggregating $250 or more received in the past 12 months; or any business in which a position of management is held.
(q) Services to Constituency Alumni Groups: With the approval of the campus president or designee, a campus alumni association may provide to officially recognized constituency alumni groups the following, subject to the same conditions pertaining to the campus alumni association: cash management, disbursement, and accounting services; gift reporting; and, in appropriate cases, coverage under the campus alumni association's insurance policies, inclusion in the campus alumni association's financial statements, external audits and tax reporting, or use of the campus alumni association's tax identification number.
NOTE
Authority cited: Sections 89030 and 89031.1, Education Code. Reference: Sections 89030 and 89902, Education Code.
HISTORY
1. New section filed 11-20-2002; operative 11-20-2002. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2003, No. 5).
Note • History
(a) A campus alumni association shall permit the Chancellor, the university auditor, the campus president, and the campus internal auditor or designee to inspect and audit its books and records as well as those of its financial institution(s) as relates to the campus alumni association's account(s). In addition, a campus alumni association shall permit the university auditor and the campus internal auditor to review directly all bank account records.
(b) A campus alumni association with annual gross revenues in excess of $1 million shall have an annual audit of its financial statements performed in accordance with generally accepted auditing standards and in accordance with any additional systemwide procedures prescribed by the Chancellor or designee, by a certified public accountant selected by the alumni association.
(c) A campus alumni association with annual gross revenues in excess of $500 thousand and less than $1 million shall have an annual review of its financial statements performed by a certified public accountant selected by the alumni association in accordance with standards for accounting and review services and in accordance with any additional systemwide procedures prescribed by the Chancellor or designee.
(d) A campus alumni association with annual gross revenues less than $500 thousand shall have its financial statements compiled by a certified public accountant selected by the alumni association in accordance with standards for accounting and review services and in accordance with any additional systemwide procedures prescribed by the Chancellor or designee.
(e) A campus alumni association whose assets and records are in the custody of an auxiliary organization shall present its financial position through supplemental schedules attached to the audited financial statement of the auxiliary organization in sufficient detail to fully represent the financial position and activities of the alumni association. These schedules shall be subjected to the same procedures as the auxiliary's statements and in accordance with any additional systemwide procedures prescribed by the Chancellor or designee.
(f) When completed, the campus alumni association's financial statements shall be furnished to the campus president or designee on the date designated by the campus president or designee.
(g) A campus alumni association shall make its financial statements available upon request for public inspection within a reasonable period of time.
NOTE
Authority cited: Sections 89030 and 89031.1, Education Code. Reference: Sections 89030 and 89902, Education Code.
HISTORY
1. New section filed 11-20-2002; operative 11-20-2002. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2003, No. 5).
§42397.6. Organization of Constituency Alumni Groups.
Note • History
(a) A constituency alumni group organized after the effective date of this article shall be organized within and as part of the campus alumni association.
(1) A constituency alumni group representing a school, college, department, or other unit shall secure the endorsement of the school, college, department, or other unit. The administrative head of the represented unit or designee shall periodically review and provide advice concerning the planned activities of the constituency alumni group.
(2) A constituency alumni group, as part of the campus alumni association, shall comply with all applicable campus policies and campus alumni association policies.
(b) A constituency alumni group separately organized prior to the effective date of this article shall be organized within and become a part of the campus alumni organization and shall comply with subdivision (a), unless the campus president enters into an agreement with the constituency alumni group which provides as follows:
(1) The separate constituency alumni group agrees to the following characteristics:
a. is organized and operated solely for the benefit of the campus and the alumni of a school, college, department, or other campus administrative, academic, geographic, or other constituent unit;
b. has as its purpose providing service and support to its members, the alumni of a constituent unit, and to the university;
c. does not restrict membership or benefits of membership on the basis of race, religion, national origin, gender, or sexual orientation;
d. recognizes the unique role of the campus president or designee in setting campus or campus unit priorities; and irrevocably dedicates its assets for the benefit of the campus or appropriate unit of the campus. In the event of the group's dissolution, its assets shall be transferred to the campus alumni association, the campus, an appropriate unit of the campus, or an auxiliary organization designated by the campus for purposes consistent with the purposes of the group and the terms of any individual gifts that are part of its assets, and, if a corporation, in conformance with the California Nonprofit Corporation Laws.
e. A constituency alumni group representing a school, college, department, or other unit shall secure the endorsement of the school, college, department, or other unit. The administrative head of the represented unit shall periodically review and provide advice concerning the planned activities of the constituency alumni group.
(2) The separate constituency alumni group agrees to obtain and maintain recognition, as a separate constituency alumni group by submitting the following to the campus president or designee on an annual basis or otherwise as specified by the campus president:
a. a current list of officers, members of the governing body, and the principal contact person for the group;
b. a statement of the group's purpose and goals consistent with subsection (a) and copies of the current enabling documents of the group (i.e., bylaws, constitution, articles of incorporation, or other governing document);
c. a current roster of names and addresses of donors and members, unless such records are otherwise maintained by the campus;
d. a statement signed by the officers/representatives of the group that the governing body has read and formally voted that it will comply with this article and the agreement;
e. a copy of the group's annual financial statements;
f. for a group with accounts at a financial institution, a list identifying all such accounts, including the institution's name and address, the group's account numbers, and a statement signed by an appropriate officer or representative of the group authorizing the campus to obtain upon request from the financial institution information, records, or photocopies of transactions relating to the accounts;
g. for an incorporated, tax-exempt organization, (A) a copy of the organization's state and federal tax-exempt status determination letter; (B) a copy of the organization's most recent Internal Revenue Service Form 990; and (C) a list of the types of activities, including fundraising and membership drives, the organization intends to undertake and how the organization intends to financially support these activities.
(3) The provisions of this article shall be incorporated by reference;
(4) The exchange of value between the campus and the constituency alumni group shall be expressed and may include provision of facilities and other tangible as well as intangible exchanges;
(5) A license agreement for use of the campus name and symbols; and
(6) The term of the agreement.
(7) Privileges granted including authorization to use the name of the campus or other institutional unit. Without authorization, no group may:
a. represent itself as raising funds or otherwise providing support on behalf of or for the benefit of the campus, or any part of it, including its alumni;
b. use the name of the campus or any of its facilities or programs either expressly or by implication in connection with its activities; or
c. use campus facilities or resources in connection with its activities.
(8) If a separate constituency alumni group does not comply with this article, the campus president or designee shall by written notice require the constituency alumni group to comply within 90 days or recognition as a constituency alumni group will be withdrawn.
a. In the event the group fails to comply within this time period, the campus president or designee may withdraw the constituency alumni group's recognition. In appropriate circumstances, the campus president may extend the period for compliance when action to remedy noncompliance is in progress.
b. Upon withdrawal of recognition, the assets of the constituency alumni group shall be transferred to the campus alumni association, the campus, or the designated campus auxiliary organization for purposes consistent with the purposes of the group and the terms of any individual gifts that are part of the assets.
(9) Use of the campus or unit name and symbols, including mascot or other identifying mark by a separate constituency alumni group after July 1, 2003, is prohibited unless the group has entered into an agreement and has been recognized by the campus under the provisions of this article.
NOTE
Authority cited: Sections 89030 and 89031.1, Education Code. Reference: Sections 89030 and 89902, Education Code.
HISTORY
1. New section filed 11-20-2002; operative 11-20-2002. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2003, No. 5).
2. Amendment of subsections (a)(1) and (b)(1)e. filed 2-27-2012; operative 2-27-2012. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2012, No. 9).
§42397.7. Fundraising by Constituency Alumni Groups.
Note • History
Fundraising activities of constituency alumni groups shall be governed by the fundraising provisions of this article applicable to campus alumni associations.
NOTE
Authority cited: Sections 89030 and 89031.1, Education Code. Reference: Sections 89030 and 89902, Education Code.
HISTORY
1. New section filed 11-20-2002; operative 11-20-2002. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2003, No. 5).
§42397.8. Financial Activities of Constituency Alumni Groups.
Note • History
Financial activities of constituency alumni groups shall be governed by the financial activities provisions of this article applicable to campus alumni associations.
NOTE
Authority cited: Sections 89030 and 89031.1, Education Code. Reference: Sections 89030 and 89902, Education Code.
HISTORY
1. New section filed 11-20-2002; operative 11-20-2002. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2003, No. 5).
§42397.9. Audit of Constituency Alumni Groups.
Note • History
The audit requirements of constituency alumni groups shall be governed by the audit provisions of this article applicable to campus alumni associations.
NOTE
Authority cited: Sections 89030 and 89031.1, Education Code. Reference: Sections 89030 and 89902, Education Code.
HISTORY
1. New section filed 11-20-2002; operative 11-20-2002. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2003, No. 5).
Note • History
For good cause and to address circumstances unique to a campus, a campus president may request that the Chancellor waive certain provisions of this article for a particular group or groups on that campus. Such waiver shall be in writing and shall specify the reasons for the waiver. Any waiver shall be subject to such terms and conditions as deemed advisable by the Chancellor.
NOTE
Authority cited: Sections 89030 and 89031.1, Education Code. Reference: Sections 89030 and 89902, Education Code.
HISTORY
1. New section filed 11-20-2002; operative 11-20-2002. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2003, No. 5).
§42397.11. CSU Alumni Council and Systemwide Constituency Alumni Groups.
Note • History
(a) The Chancellor may recognize a CSU Alumni Council having systemwide jurisdiction and possessing rights to represent the CSU alumni organizations before the Trustees. The Council shall be governed by the provisions of this article applicable to campus alumni associations with the system and the Chancellor replacing the campus and the campus president in those provisions.
(b) Systemwide constituency alumni groups may be recognized and regulated by the Chancellor as provided in the provisions of this article relating to campus constituency alumni groups. Systemwide constituency alumni groups shall relate to the CSU Alumni Council as provided in the provisions of this article addressing campus constituency alumni groups and their relationship to the campus alumni associations. The provisions of the campus constituency alumni groups shall apply to systemwide constituency alumni groups with the Chancellor or designee assuming the rights and responsibilities of the campus president or designee.
NOTE
Authority cited: Sections 89030 and 89031.1, Education Code. Reference: Sections 89030 and 89902, Education Code.
HISTORY
1. New section filed 11-20-2002; operative 11-20-2002. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2003, No. 5).
Article 16. Claims Filing Process
§42398. Claims Against the California State University Under the Government Claims Act.
Note • History
(a) Claims for money damages against the California State University or a California State University employee shall be presented to the Office of the Chancellor, Risk Management & Public Safety at the following address in accord with the requirements of Government Code section 900 et seq.:
THE CALIFORNIA STATE UNIVERSITY
OFFICE OF THE CHANCELLOR, RISK MANAGEMENT & PUBLIC SAFETY
401 GOLDEN SHORE, 5TH FLOOR
LONG BEACH, CA 90802-4210
(b) The Office of the Chancellor, Risk Management & Public Safety shall impose a $25 administrative fee for each claimant. The administrative fee may be waived if the claimant demonstrates a sufficient showing of financial hardship. This administrative fee shall be refunded, if the claim is allowed in whole or in part.
(c) The Office of the Chancellor, Risk Management & Public Safety shall maintain and make available on its website claim forms and applications for administrative fee waivers. Claimants are not required to use the California State University claim form so long as they provide the following information:
(1) The name and address of the claimant.
(2) The address to which the claimant desires notices to be sent.
(3) The date, place and other circumstances which gave rise to the claim asserted.
(4) A general description of the loss incurred.
(5) The name or names of the California State University employee or employees causing the loss, if known.
(6) The amount claimed, including any estimated amount of prospective loss, together with the basis of computation for those amounts. If the amount claimed and/or the prospective loss is unknown, the claimant shall state whether those amounts are believed to exceed $25,000.
The claim shall be signed by the claimant or by some person on his/her behalf.
(d) The Office of the Chancellor, Risk Management & Public Safety shall be responsible for acting on any claim presented to the California State University. Any action on a claim shall be consistent with the provisions of the Government Claims Act.
(e) For purposes of determining whether a claim was commenced within the period provided under the Government Code, the date the claim was presented to the California State University is:
(1) The date the claim is postmarked and the twenty-five dollar ($25) administrative fee is paid, whichever occurred later.
(2) If a fee waiver is granted, the date the claim was presented with the application requesting the fee waiver.
(3) If a fee waiver is denied, the date the claim was presented with the application requesting the fee waiver, provided the filing fee is paid to the California State University within 10 calendar days of the mailing of the notice of the denial of the fee waiver.
NOTE
Authority cited: Section 89030, Education Code. Reference: Section 912.5, Government Code.
HISTORY
1. New article 16 (section 42398) and section filed 2-22-2011; operative 2-22-2011 pursuant to Education Code section 89030.1. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 2011, No. 8).
Subchapter 6. Auxiliary Organizations
Article 1. General
Note • History
As used in this Subchapter 6, a campus auxiliary organization, hereinafter called an “auxiliary” organization, is an organization which is (a) included in the list of auxiliary organizations in good standing maintained by the Chancellor pursuant to Section 42406, infra, and/or (b) which is an organization specified in Education Code Section 89900, which is any organization using the name of the State or a campus, or representing an official relationship with a campus, or in which any campus official participates as a director as part of his official position. The term, “auxiliary organization” as used herein, includes student body organizations and other student groups which are subject to the provisions of Education
Code Section 89900; provided, that other than student body organizations, all student clubs, societies, sororities, fraternities and similar student groups not operating any commercial activity at the campus, are not subject to the further provisions of this Article, and may represent an official relationship to the campus and may use its facilities, subject to such policies and conditions as the Board of Trustees and the campus president may from time to time establish.
NOTE
Authority cited for Subchapter 5: Sections 66600, 66606, 89030, 89300, 89301, 89302 and 89900, Education Code.
HISTORY
1. Amendment filed 4-1-69; effective thirtieth day thereafter (Register 69, No. 14).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
§42401. Declaration of Policy.
Note • History
Auxiliary organization activities are essential to the educational program of a campus, including service functions, and are an integral part of the campus program and shall be so operated. The objectives of the auxiliary organizations are as follows:
(a) To provide for student self-government, and
(b) To provide the fiscal means and the management procedures that allow the campus to carry on activities providing those instructional and service aids not normally furnished by the State budget, and
(c) To provide effective operation and to eliminate the undue difficulty which would otherwise arise under the usual governmental budgetary, purchasing, and other fiscal controls, and
(d) To provide fiscal procedures and management systems that allow effective coordination of the auxiliary activities with the campus in accordance with sound business practices.
NOTE
Authority cited: Sections 66600, 66606, 89030 and 89900, Education Code. Reference: Sections 89300 and 89900, Education Code.
HISTORY
1. Amendment filed 4-1-69; effective thirtieth day thereafter (Register 69, No. 14).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment filed 9-15-81; effective thirtieth day thereafter (Register 81, No. 38).
§42402. Authority of Campus President.
History
The president of each campus is responsible for the educational effectiveness, academic excellence, and general welfare of the campus, over which he presides. As stated, auxiliary organizations operate as an integral part of the overall campus program. Therefore, for the president to exercise his responsibility over the entire campus program, he shall require that auxiliary organizations operate in conformity with policy of the Board of Trustees and the campus.
To execute this authority, the president shall require that each auxiliary organization submit its programs and budgets for review at a time and in a manner specified by the president. Should the president determine that any program or appropriation planned by an auxiliary organization is not consistent with policy of the Board of Trustees and the campus, the program or appropriation shall not be implemented. Further, should a program or appropriation which had received approval, upon review, be determined by the president to be operating outside the acceptable policy of the Board of Trustees and the campus, then that program or appropriation shall be discontinued by direction of the president until further review is accomplished and an appropriate adjustment is made.
HISTORY
1. Amendment filed 4-1-69; effective thirtieth day thereafter (Register 69, No. 14).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
Note • History
(a) All funds and money collected by or on behalf of a student body organization except funds and money collected from commercial services as provided in Education Code Section 89905, shall be deposited in trust by the chief fiscal officer of the campus in accordance with procedures approved by an appropriate officer of the student body organization. Such funds and money shall, subject to the approval of the campus president or designee, be deposited or invested in any one or more of the ways specified in Section 89301 of the Education Code.
The chief fiscal officer of the campus shall be custodian of all funds and money collected by or on behalf of a student body organization and shall provide the necessary accounting records and controls for such funds. These funds may be expended by the custodian only upon the submission of an appropriate claim schedule by officers of the student body organization.
The student body organization shall reimburse the campus an amount to cover the cost of custodial and accounting services provided by the campus in connection with these funds.
(b) Trust funds shall be used specifically for the purpose designated in the instrument creating the trust.
(c) Funds of an auxiliary organization shall be used for purposes consistent with Board of Trustees and campus policy, and shall not be used:
(1) To support or oppose any candidate for public office, whether partisan or not, or to support or oppose any issue before the voters of this state or any subdivision thereof or any city, municipality, or local governmental entity of any kind except as may be permitted by Section 89300 of the Education Code. The prohibition of this subdivision shall not apply to:
(A) expressions published in the student press;
(B) support of a position taken by the Board of Trustees on an issue which the Board determines will significantly affect the California State University or any campus thereof.
(C) Paragraphs (A) and (B) of subdivision (c)(1) are exceptions to the prohibition of (c)(1) and shall not be construed as authorizing an expenditure of student body organization funds collected through mandatory fees not authorized by Section 42659.
(2) To make personal loans for non-educationally related purposes, except that such loans may be made when specifically authorized by a trust instrument under which the funds were received.
(d) Indemnity bonds shall be obtained by an auxiliary organization for officers and employees handling funds of the auxiliary organization.
(e) Donations and gifts to an auxiliary organization for research and other projects which are accepted, shall be accepted and maintained in accordance with policies and regulations established by the Board of Trustees.
NOTE
Authority cited: Sections 89030 and 89900, Education Code. Reference: Sections 89302 and 89900, Education Code.
HISTORY
1. Amendment of subsections (a) and (c)(1) filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 74, No. 16.
2. Amendment of subsection (a) filed 1-30-79, effective thirtieth day thereafter (Register 79, No. 5).
3. Amendment filed 9-15-81; effective thirtieth day thereafter (Register 81, No. 38).
4. Amendment of subsection (c)(1) filed 6-1-88; operative 7-1-88 (Register 88, No. 23).
Note • History
(a) An auxiliary organization shall maintain adequate records and shall prepare such periodic reports showing its operations and financial status as may be required by the Board of Trustees.
(b) All records of an auxiliary organization shall be open to the Board of Trustees and the Department of Finance for audits.
NOTE
Authority cited: Sections 66600, 89030, and 89900, Education Code. Reference: Sections 89900 and 89904, Education Code.
HISTORY
1. Amendment of subsection (b) filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 72, No. 35.
2. Amendment filed 9-15-81; effective thirtieth day thereafter (Register 81, No. 38).
Note • History
(a) Except as otherwise provided in this Section, the governing board of each auxiliary organization shall provide salaries, working conditions and benefits for its full-time employees which are comparable to those provided campus employees performing substantially similar services. For those full-time employees who perform services that are not substantially similar to the services performed by campus employees, the salaries established shall be at least equal to the salaries prevailing in other educational institutions in the area or commercial operations of like nature.
(b) Notwithstanding anything in this Section to the contrary, the governing board of each auxiliary organization may withhold retirement benefits or permanent status benefits or both from temporary employees. For the purposes of this Section, a temporary employee is:
(1) An employee employed for a research project, workshop, institute or other special project funded by any grant, contract or gift; or
(2) An employee whose contract of employment is for a fixed term not exceeding three years.
(c) Notwithstanding anything in this Section to the contrary, the governing board of each auxiliary organization may withhold permanent status benefits from executive employees. For the purposes of this Section, an executive employee is any management employee with responsibility for the development and execution of auxiliary organization policy and includes, but is not limited to, general managers, managers, directors, and the like, as determined by the governing board of each auxiliary organization.
(d) At least annually, the Chancellor shall determine which of the auxiliary organizations included on the list prepared pursuant to Section 42406 is an auxiliary organization funded primarily by mandatory student fees collected by the Trustees. Notwithstanding anything in this Section to the contrary, the governing board of any auxiliary organization designated by the Chancellor as an auxiliary organization that is primarily funded by mandatory student fees collected by the Trustees may withhold retirement benefits from its employees.
(e) Notwithstanding anything in this Section to the contrary, the Chancellor may exempt the governing board of any newly created auxiliary organization from the requirement of providing retirement benefits for a period not to exceed three years from the date on which the Chancellor approves the establishment of the auxiliary organization pursuant to Section 42407.
(f) The Chancellor shall provide, and may from time to time revise, rules and procedures for the administration of this Section.
NOTE
Authority cited: Section 89900, Education Code.
HISTORY
1. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 72, No. 35.
2. Amendment filed 12-13-77; effective thirtieth day thereafter (Register 77, No. 51).
§42406. List of Auxiliary Organizations in Good Standing.
History
The Chancellor shall prepare and keep current a list of organizations in good standing. All auxiliary organizations in compliance with rules and regulations of the Trustees, and provisions made thereunder, shall be included on the list. Where the Chancellor has reason to believe that a particular organization should be removed from said list, he will give the governing board of such organization, and the president of the campus, reasonable notice that a conference will be held to determine whether grounds for such removal do in fact exist, and representatives of said board shall be entitled to be present at such conference and to be heard. The Chancellor may make such provisions consistent with law as may in his judgment be appropriate with respect to further cooperation and agreements between any campus and an auxiliary organization not included on the said list.
HISTORY
1. New section filed 9-4-63; effective thirtieth day thereafter (Register 63, No. 15).
2. Amendment filed 4-1-69; effective thirtieth day thereafter (Register 69, No. 14).
3. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
§42407. Establishment of Auxiliary Organizations.
Note • History
No new auxiliary organization shall be established unless a recommendation accompanied by a justification is submitted by the president of the campus, and approval is given by the Chancellor.
NOTE
Authority cited: Sections 66600 and 89900, Education Code. Reference: Section 89900, Education Code.
HISTORY
1. New section filed 4-1-69; effective thirtieth day thereafter (Register 69, No. 14).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Amendment filed 9-15-81; effective thirtieth day thereafter (Register 81, No. 38).
Note • History
(a) Each auxiliary organization shall have an annual fiscal audit performed by a certified public accountant selected by the auxiliary organization. When completed, the audit shall be furnished to the Chancellor or designee on the date or dates designated by the Chancellor or designee.
(b) The annual fiscal audits shall be performed in accordance with standard systemwide procedures prescribed by the Chancellor.
(c) Each auxiliary organization, in order to disseminate as widely as feasible the audited financial statements, shall:
(1) Publish the audited financial statements in a campus newspaper; or
(2) Publish a notice in a campus newspaper indicating the on-campus location where copies of the audited financial statements may be obtained or reviewed; or
(3) Publish or notice the audited statements in accordance with subdivision (1) or (2) in a campus bulletin or other appropriate medium if a campus newspaper is unavailable.
NOTE
Authority cited: Sections 89030 and 89900, Education Code. Reference: Sections 89900 and 89904, Education Code.
HISTORY
1. New section filed 9-15-81; effective thirtieth day thereafter (Register 81, No. 38).
2. Amendment of subsections (a) and (b) and Note filed 12-2-98; operative 12-2-98. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 99, No. 5).
Article 2. Functions of Auxiliary Organizations and Requirement for Written Agreements
§42500. Functions of Auxiliary Organizations.
Note • History
Auxiliary organizations are formed to provide essential functions which are an integral part of the educational mission of a campus and the California State University.
(a) The following functions have been determined by the Board to be appropriate for auxiliary organizations to perform in accordance with applicable policies, rules, and regulations:
(1) Student Body Organization Programs;
(2) Bookstores, Food Services, and Campus Services;
(3) Housing;
(4) Student Union Programs;
(5) Supplementary Health Services;
(6) Loans, Scholarships, Grants-in-Aids, Stipends, and Related Financial Assistance;
(7) Externally Funded Projects Including Research, Workshops, Conferences, and Institutes;
(8) Instructionally-related Programs, and activities, including Agriculture, Athletics, Radio and Television Stations, Newspapers, Films, Transportation, Printing and other Instructionally Related Programs and Activities;
(9) Alumni Programs;
(10) Gifts, bequests, devises, endowments, trusts and similar funds;
(11) Public relations, fundraising, fund management, and similar development programs;
(12) Acquisition, development, sale, and transfer of real and personal property including financing transactions related to these activities.
(b) Gifts, grants, or other donations received by an auxiliary organization shall be accepted, maintained, and used in accordance with policies, rules, and regulations of the Board of Trustees.
(c) Auxiliary organizations may issue debt instruments to finance or refinance projects in connection with their mission upon prior approval of the campus president and pursuant to policies of the Board of Trustees as may be implemented by the Chancellor. For purposes of this section, “debt instruments” means loans, notes, bonds, finance leases, installment purchase or sale agreements, and certificates of participation.
(d) Student loans, scholarships, stipends and grants-in-aid shall only be given to currently admitted students. A record of such financial assistance shall be forwarded on a timely basis to the campus financial aid office and shall be documented on student financial aid recipient records kept in that office. All such financial assistance provided from student body organization funds shall be approved by the campus financial aid office before such funds are expended, and shall not exceed amounts to be provided under regulations of federal and state financial aid programs, except as provided under section 42403, subdivision (b).
(e) An auxiliary organization shall not engage in a function not listed in subdivision (a) of this section unless an appropriate amendment is made to subdivision (a) by the Board of Trustees, adding said function to the list of approved functions of auxiliary organizations, or unless such function is essential to satisfy the corporation laws of the State of California.
NOTE
Authority cited: Sections 89030 and 89900, Education Code. Reference: Section 89900, Education Code.
HISTORY
1. Amendment filed 4-1-69; effective thirtieth day thereafter (Register 69, No. 14).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Amendment filed 9-15-81; effective thirtieth day thereafter (Register 81, No. 38).
5. Amendment of subsection (a) filed 7-13-89; operative 8-12-89 (Register 89, No. 28).
6. Editorial correction of incorrect 4-1-90 printing (Register 90, No. 45).
7. Editorial correction of subsection (d) (Register 95, No. 47).
8. Amendment of section heading and subsections (a)(10), (a)(12), (d) and (e) and amendment of Note filed 12-2-98; operative 12-2-98. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 99, No. 5).
9. Amendment of subsection (c) filed 3-14-2000; operative 3-14-2000. Submitted to OAL for printing only (Register 2000, No. 11).
§42501. Requirement of Written Agreement.
Note • History
A written agreement on behalf of the State of California by the Chancellor of The California State University, and the auxiliary organization is required for the performance by such auxiliary organization of any of the functions listed in Section 42500, except student body organization activities. If any auxiliary organization performs more than a single function, then the written agreement may cover any number of the functions it performs on the campus or a separate agreement may cover each function performed. Authority for agreements between the auxiliary organization and a student for student projects involving agricultural, vocational, or other instructional activities, is to be incorporated in the written agreement between the auxiliary and the State.
NOTE
Authority cited: Sections 66600, 89030 and 89900, Education Code. Reference: Section 89900, Education Code.
HISTORY
1. New section filed 4-1-69; effective thirtieth day thereafter (Register 69, No. 14).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment filed 9-15-81; effective thirtieth day thereafter (Register 81, No. 38).
4. Amendment filed 9-3-2004; operative 9-3-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
§42502. Contents of Written Agreement.
Note • History
The written agreement required by Section 42501 shall, among other things, specify the following:
(a) The function or functions which the organization is to manage, operate or administer.
(b) The necessity for administration of the functions by the auxiliary organization instead of by the campus under usual state procedures.
(c) Service by any state officer or employee shall not be incompatible, inconsistent, or in conflict with his or her duties as a state officer or employee.
(d) The facilities to be made available to permit the auxiliary organization to perform the functions specified in the written agreement.
(e) The charge or rental to be paid for the facilities used in connection with the performance of its function. The charge or rental specified shall not require involved methods of computation, and should be identified in sufficient time before its incurrence so that the organization may determine to what extent it shall be liable therefor.
(f) Full reimbursement to the State for services performed by state employees under the direction of the organization. Methods of proration where services are performed by state employees for the organization shall be simple and equitable.
(g) A simple but equitable method of determining in advance to what extent the organization shall be liable for indirect costs.
(h) The responsibility for maintenance and payment of operating expenses.
(i) Proposed expenditures for public relations or other purposes which would serve to augment state appropriations for operation of the campus. With respect to expenditures for public relations or other purposes which would serve to augment state appropriations for operation of the campus, the auxiliary organization may expend funds in such amount and for such purposes as are approved by the governing body of the auxiliary organization. The President shall file with the Chancellor, a statement of such policy on accumulation and use of public relations funds for all auxiliary organizations. The statement will include the policy and procedure on solicitation of funds, source of funds, amounts, and purpose for which the funds will be used, allowable expenditures, and procedures of control.
(j) The disposition to be made of net earnings derived from the operation of facilities owned or leased by the auxiliary organization and provisions for reserves.
(k) The disposition to be made of net assets on dissolution of the auxiliary organization or cessation of the operations under the agreement.
(l) The covenant of the auxiliary organization to maintain its organization and to operate in accordance with the regulations contained in this Subchapter 6, and Board resolutions.
(m) The operations of auxiliary organizations shall be integrated with campus operations and so supervised as to comply with objectives stated in Section 42401.
NOTE
Authority cited: Sections 66000, 89030, and 89900, Education Code. Reference: Section 89900, Education Code.
HISTORY
1. Renumbered from #T5 42501 and amendment filed 4-1-69; effective thirtieth day thereafter (Register 69, No. 14).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment filed 9-15-81; effective thirtieth day thereafter (Register 81, No. 38).
Article 3. Organization and Operation
Note • History
(a) An auxiliary organization which is not a corporation shall adopt a constitution and file a copy thereof with the Chancellor.
(b) By December 31, 2012, the articles of incorporation or constitution of an auxiliary organization shall contain a provision that upon dissolution of the organization, net assets, other than trust funds, shall be distributed to a successor approved by the president of the campus and by the Chancellor.
NOTE
Authority cited: Sections 66600, 66606, 89030 and 89900, Education Code. Reference: Section 89900, Education Code.
HISTORY
1. Amendment and new subsection (e)(4) filed 4-1-69; effective thirtieth day thereafter (Register 69, No. 14).
2. Amendment filed 12-29-70; effective thirtieth day thereafter (Register 71, No. 1).
3. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
4. Amendment filed 9-15-81; effective thirtieth day thereafter (Register 81, No. 38).
5. Amendment filed 5-29-2012; operative 5-29-2012. Submitted to OAL for printing only pursuant to Education Code section 89030.1(e) (Register 2012, No. 22).
Note • History
All leasing of campus facilities shall be effected under provisions of Education Code, Section 89046 or other laws governing the leasing of state facilities.
NOTE
Authority cited: Sections 66600, 89030, and 89000, Education Code. Reference, Sections 89900 and 89046, Education Code.
HISTORY
1. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 72, No. 35.
2. Amendment filed 9-15-81; effective thirtieth day thereafter (Register 81, No. 38).
§42602. Composition of Board of Directors.
Note • History
The composition of the governing board of auxiliary organizations shall be as follows:
(a) Student Body Organizations. The governing board of student body organizations shall consist primarily of students, with a representative of the campus president to advise on policy and to provide liaison between the student governing board and the president of the campus.
(b) Other Auxiliary Organizations.
(1) Approved auxiliary organizations, other than student body organizations, operating on April 1, 1969, may continue the composition of their governing boards of directors existing at that time.
(2) Approved auxiliary organizations, other than student body organizations, operating on April 1, 1969, desiring to make a substantial change in their governing board's composition, and any auxiliary organization established after that date, shall have a governing board consisting of voting membership from the following categories:
(A) Administration and staff
(B) Faculty
(C) Noncampus personnel
(D) Students
(c) The size of the governing board of an auxiliary organization shall be at least large enough to accommodate the membership from the various categories which are required by this section.
NOTE
Authority cited: Sections 66600, 89030, and 89900, Education Code. Reference: Section 89903, Education Code.
HISTORY
1. New section filed 1-2-70; effective thirtieth day thereafter (Register 70, No. 1).
2. Amendment of subsections (a) and (b) filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18)
4. Amendment filed 9-15-81; effective thirtieth day thereafter (Register 81, No. 38).
Article 4. Student Body Organization Funds
§42659. Approved Uses of Student Body Organization Funds.
Note • History
The principle underlying the expenditure of student body organization funds collected through mandatory fees is that such expenditures shall be made in programs that reflect the broadest variety of student interests and that are open to all students who wish to participate. Student body organization funds obtained from mandatory fees may be expended for the following programs:
(a) Programs of cultural and educational enrichment and community service.
(b) Recreational and social activities.
(c) Support of student unions.
(d) Scholarships, stipends, and grants-in-aid for only currently admitted students in accordance with provisions of Section 42500, subdivision (d).
(e) Tutorial programs.
(f) Athletic programs, both intramural and intercollegiate.
(g) Student publications.
(h) Assistance to recognized student organizations.
(i) Student travel insurance.
(j) Administration of student fee program.
(k) Student government-scholarship stipends, grants-in-aid, and reimbursements to student officers for service to student government. Before such scholarship stipends, grants-in-aid, and reimbursements are established by a student body association, the principle of establishing such payments shall be approved by a student referendum.
(l) Student employment to provide payment for services in connection with the general administration of student fee.
(m) Augmentation of counseling services, including draft information, to be performed by the campus. Such counseling may also include counseling on legal matters to the extent of helping the student to determine whether he should retain legal counsel, and of referring him to legal counsel through a bar association, legal aid foundation or similar body.
(n) Transportation services.
(o) Child day care centers for children of students and employees of the campus.
(p) Augmentation of campus health services. Additional programs may be added by appropriate amendment to this section by the Board.
NOTE
Authority cited: Sections 66600, 89030, and 89900, Education Code. Reference: Sections 89300 and 89302, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35). For prior history, see Register 71, No. 51.
2. New subsection (q) filed 4-16-74; effective thirtieth day thereafter (Register 74, No. 16).
3. Amendment of subsection (p)(4) and repealer of subsection (q) filed 10-19-78; effective thirtieth day thereafter (Register 78, No. 42).
4. Amendment filed 9-15-81; effective thirtieth day thereafter (Register 81, No. 38).
§42659.1. Governmental Affairs Representatives. [Repealed]
Note • History
NOTE
Authority cited: Sections 66600, 66606, 89030, 89035, 89300, 89302, Education Code.
HISTORY
1. New section filed 4-16-74; effective thirtieth day thereafter (Register 74, No. 16).
2. Repealer filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
§42660. Financial Aid. [Repealed]
Note • History
NOTE
Authority cited: Sections 66600, 66606, 89030, 89300 and 89302, Education Code.
HISTORY
1. New section filed 2-18-70; effective thirtieth day thereafter (Register 70, No. 8).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Repealer filed 9-15-81; effective thirtieth day thereafter (Register 81, No. 38).
Article 5. Systemwide Auxiliary Organizations
Note • History
As used in this Article 5 a systemwide auxiliary organization is an auxiliary organization of the California State University (a) established pursuant to section 89900 et seq. of the Education Code; (b) included in the list of auxiliary organizations in good standing maintained by the chancellor pursuant to section 42406; (c) engaged in activities which are essential and integral to the mission and purpose of the California State University system; and (d) responsible to the chancellor who shall require that the systemwide auxiliary organization operate in conformity with the policy of the Board of Trustees and the policy of the chancellor.
NOTE
Authority cited: Sections 89030 and 89900, Education Code. Reference: Section 89900, et seq., Education Code.
HISTORY
1. New article 5 and section filed 7-24-95; operative 8-23-95 (Register 95, No. 30).
Note • History
A systemwide auxiliary organization shall comply with the policies of this Subchapter 6 as they may relate to a systemwide context: (a) where the terms “president” or “campus” are used they shall mean “chancellor” or “California State University system,” as appropriate; (b) sections and subsections which address student body organizations shall not apply to systemwide auxiliary organizations; and (c) composition of the governing board of directors prescribed in Section 42602 shall not apply to systemwide auxiliary organizations.
NOTE
Authority cited: Sections 89030 and 89900, Education Code. Reference: Section 89900, et seq., Education Code.
HISTORY
1. New section filed 7-24-95; operative 8-23-95 (Register 95, No. 30).
§42667. For-Profit Subsidiaries.
Note • History
Subject to the approval of the chancellor and the Board of Trustees, a systemwide auxiliary organization may establish for-profit subsidiary organizations as long as neither the purpose of the systemwide auxiliary organization nor the nonprofit status of the systemwide auxiliary organization is compromised by the subsidiaries. The systemwide auxiliary organization shall cause a subsidiary organization to engage only in those activities which further the purposes of the systemwide auxiliary organization and which have been approved by the chancellor.
NOTE
Authority cited: Sections 89030 and 89900, Education Code. Reference: Section 89900, et seq., Education Code.
HISTORY
1. New section filed 7-24-95; operative 8-23-95 (Register 95, No. 30).
Subchapter 7. Employees
Article 1. Definitions
Note • History
The following definitions shall apply as used in this subchapter:
(a) “Trustees” means the Board of Trustees of the California State University created by Section 66600 of the Education Code.
(b) “California State University” means all the California State University and the Office of the Chancellor.
(c) “Chancellor” means the Chancellor of the California State University.
(d) “Office of the Chancellor” means the central offices directed by the Chancellor.
(e) “Campus” means each institution of the California State University.
(f) “Position” means any office or employment in the California State University.
(g) “Classification” or “class” means a group of positions sufficiently similar with respect to duties and responsibilities that the same title may reasonably and fairly be used to designate such position allocated to the class and that substantially the same tests of fitness may be used and that substantially the same minimum qualifications may be made to apply with equity.
(h) “Employee” means a person legally holding a position in the California State University.
(i) “Appointing power” means a person or group having authority to make appointments to positions in the California State University. Unless otherwise provided by law, the appointing power shall be the campus President for campus employees and the Chancellor for employees in the Office of the Chancellor.
(j) “Appointment” means the offer to and acceptance by a person of employment in a position in the California State University. Appointments may be temporary, probationary, permanent or at the pleasure of the appointing authority. Appointments include various personnel actions such as initial appointments, reappointments (including reappointments which confer tenure or permanent status), promotions, transfers, demotions and reinstatements.
(k) “Layoff” means the separation of an employee from a position for lack of funds or lack of work.
(l) “Academic employee” means an employee engaged either (1) primarily in instruction who is employed and compensated on the basis of class and rank or (2) in very closely related professional activities such as those carried on by professional librarians on a campus. The classes of positions whose incumbents may be eligible for inclusion in the closely related area (2 above) will be determined by the Trustees after appropriate job studies, consultation with employees and administrators and subsequent classification plan readjustment. Specific decisions on individual incumbents will be made in light of these guidelines.
(m) “Administrative employee” means an employee engaged primarily in one or a combination of professional or quasi-professional activities. The classes of positions which will be placed in the administrative category will be determined by the Trustees after appropriate job studies, consultation with employees and administrators and subsequent classification plan readjustment.
(n) “Executive employee” means an employee with primary responsibility for the execution of policy and includes the Chancellor, vice chancellors and the campus presidents.
(o) “Nonacademic employees” means an employee who provides noninstructional and nonadministrative supporting services such as secretarial, clerical, and maintenance services. A nonacademic employee may have lead responsibility, but normally does not have responsibility for major decisions. Higher academic degrees are not an essential qualification for service as a nonacademic employee.
(p) “Academic-administrative assignment” means:
(1) A work assignment to be determined by the Trustees, filled by an academic (class and rank) or an administrative employee at a campus or the Chancellor's Office. The incumbent, while on academic-administrative assignment, serves in a key administrative capacity, planning, organizing and directing activities which relate to the instructional programs and/or participates in policy planning; or
(2) The work assignment of an administrative employee who has demonstrated to the president and the faculty or the Office of the Chancellor that the employee's job performance is, to a high degree, closely identified with the total management of a campus or the California State University. Classes of positions whose incumbents may be eligible for such assignment will be determined by the Trustees after appropriate job studies, consultation with employees and administrators and subsequent classification plan readjustment. Specific decisions on individual incumbents will be made in light of these guidelines.
(q) “Tenure” or “permanent” when used in relation to employment status means the right to continued employment on a particular campus or in the Office of the Chancellor unless dismissed for cause or laid off for lack of funds or lack of work.
(r) “Probationary period” means the period an employee must serve before becoming a tenured or permanent employee.
(s) “Probationary employee” means an employee who is serving a period of probation on a campus or in the Office of the Chancellor.
(t) “Quarter system year-round operations” means the offering by a campus of regular session instruction during each of the four quarters of a college year, where each such quarter is of approximately the same length.
(u) “Year of service” means:
(1) For academic employees on 12-month assignments, nonacademic employees, administrative employees and executive employees, any 12 consecutive months of full-time employment.
(2) For academic employees, nonacademic employees, administrative employees and executive employees, in cases where any such category of employee is serving on a 10-month assignment, 10 consecutive months of full-time employment.
(3) For academic employees on academic year appointments, an academic year of full-time employment.
(4) For Management Personnel Plan employees on academic year assignments, an academic year of full-time employment; for Management Personnel Plan employees on 10-month assignments, any 10 consecutive months of full-time employment; and for Management Personnel Plan employees on 12-month assignments, any 12 consecutive months of full-time employment.
(v) “Academic year” means:
(1) For campuses not on quarter system year-round operations, a total of two consecutive semesters, or three consecutive quarters, each semester or quarter being of the same approximate length as the other semester or quarters, and which academic year commences with the opening of the fall term.
(2) For campuses on quarter system year-round operations, a total of any three quarters each of approximately the same length, in a period of four consecutive quarters, established pursuant to Article 2.5. A total of any six such quarters in a period of eight consecutive quarters, shall constitute two academic years.
(w) “College year” means that period of time, in which a campus offers regular session instruction, which period consists of two, three, or four regular terms.
(1) For campuses not on quarter system year-round operations, the college year is coterminous with the academic year.
(2) For campuses on quarter system year-round operations, the college year is composed of four consecutive quarters, each of approximately the same length and commencing with the opening of the summer quarter.
(x) “Lecturer” is a title used to cover a nonpermanent academic assignment normally of a visiting or part-time nature where the salary level of the individual is in accordance with the individual's qualifications.
(y) “Teaching service area” means a generally recognized subject matter field or a specialized curriculum depending on the manner in which faculty assignments are determined at a campus.
(z) “Triad”, when used in relation to quarter system year-round operations, means a period of 36 months or 12 quarters, commencing in the case of each academic year employee at a campus or quarter system year-round operations, with the beginning of the first quarter of the employee's first academic year at such a campus.
(aa) “Qualifying monthly pay period” means, for purposes of computing credit for vacation with pay, a monthly pay period during which an employee is in pay status for eleven or more work days. Omission from pay status for more than eleven consecutive working days within two consecutive monthly pay periods bars one such period from being qualified.
(bb) “Management Personnel Plan employee” means an employee who has been designated as “management” or “supervisory” in accordance with the provisions of the Higher Education Employer-Employee Relations Act. The rights and responsibilities of a Management Personnel Plan employee shall be defined by those sections in Subchapter 7 which address Management Personnel Plan employees which sections shall supersede any other section of Subchapter 7 which may have applied to them prior to their having become Management Personnel Plan employees. A Management Personnel Plan employee is neither an administrative, academic, or nonacademic employee while serving in a Management Personnel Plan position. These previous designations shall be relevant only when a Management Personnel Plan employee exercises rights to retreat to a position in which permanent status or tenure was held prior to January 1, 1984. Only after reassuming such position shall the employee assume any rights or duties associated with administrative, academic or nonacademic status.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35). For prior history, see Register 67, No. 37.
2. Amendment of subsection (a) and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. New subsection (aa) filed 6-7-78; effective thirtieth day thereafter (Register 78, No. 23).
4. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
5. Amendment filed 10-10-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 41).
Article 2. Staff Organization and Appointment of Employees
§42701. Consultative Procedure.
Note • History
It is the policy of the Trustees that faculty be consulted on academic personnel matters. Each campus shall develop campus-wide procedures whereby only members of the faculty who are tenured, and such department chairmen and academic administrators as the campus procedures shall provide, may participate at any level of consideration in the deliberations or vote on recommendations relating to appointment, retention, tenure or promotion of faculty. The procedures shall provide that those making such recommendations should consider information from other faculty members and any other source, including, but not limited to students. The campus-wide procedures shall be consonant with the regulations, policies and procedures of the Board of Trustees and the Chancellor and shall be approved by the president.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Repealer and new section filed 7-27-71; effective thirtieth day thereafter (Register 71, No. 31). For prior history, see Register 71, No. 1.
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
Appointments shall be made as follows:
(a) All appointments shall be based solely on ability and fitness for the position to be filled.
(b) Persons whose names are on reemployment lists shall be offered reemployment in their previous classification before others are considered in filling vacancies and shall be given consideration appropriate to their qualifications for other available positions.
(c) Persons in nonacademic, administrative, or Management Personnel Plan positions accept and hold employment in a classification subject to assignment and reassignment to any position in that classification or other classifications appropriate to their qualifications and performance on a campus or in the Office of the Chancellor.
(d) The president of each campus or designee, using the consultative procedures established pursuant to section 42701 shall:
(1) Make all appointments of academic employees.
(2) Award or deny tenure to probationary academic employees.
(3) Make all promotions of academic employees. Only tenured faculty or those selected for the simultaneous award of tenure may be promoted to the ranks of associate professor or professor.
(e) Decisions made pursuant to subdivisions (d)(2) and (d)(3) of this section may be appealed to the Chancellor by the employee affected thereby.
(f) The president of each campus or designee, after consultation with representatives of the faculty senate or council, shall make all appointments to the positions of vice president and dean.
(g) The president of each campus or designee, subject to the approval of the Chancellor, shall reassign individuals serving in administrative positions to academic-administrative assignments.
(h) The president of each campus shall use the classes of positions established by the Trustees as being in the “closely related” academic area as guides in placing individual positions in that area.
(i) The president of each campus or designee shall make all appointments of administrative, nonacademic, and Management Personnel Plan employees.
(j) The Chancellor or designee
(1) shall make all appointments of employees in the Office of the Chancellor, except for vice chancellors,
(2) shall recommend to the Trustees the appointment of vice chancellors,
(3) shall make all appointments of acting presidents and,
(4) shall recommend to the Trustees two or more candidates for the presidency of a campus after receiving and considering recommendations from any source, including interested faculty.
(k) The Chancellor or designee:
(1) May review decisions made pursuant to subdivision (d) of this section at the instance of tenured members of the faculty involved in recommendations to the president or designee provided by section 42701.
(2) May review any action carried out under the provisions of article 2 or assume complete jurisdiction therein when the Chancellor determines such action to be necessary.
(l) The Trustees:
(1) Shall appoint the Chancellor, vice chancellors, upon recommendation of the Chancellor, the general counsel, and presidents other than acting presidents.
(2) May of their own motion, review any action carried out under the provisions of article 2 or assume complete jurisdiction therein when they determine such action to be necessary and may to the extent they deem advisable delegate their authority to the Faculty and Staff Affairs Committee.
(m) All appointments shall be made, and other budgetary, appointment, and classification forms shall be submitted, in accordance with procedures and forms established by the Chancellor or other lawful authority.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35). For prior history, see Register 71, No. 31.
2. Amendment of subsection (k) and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
4. Amendment of subsections (c) and (i) filed 10-10-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 41).
5. Amendment of subsection (l) filed 5-24-91; operative 6-23-91 (Register 91, No. 27).
Note • History
(a) The terms of appointment of nonacademic employees are provided in article 2 of chapter 5, division 8, part 55 of the Education Code. Nonacademic employees when the workload requires may be appointed on a temporary basis for not to exceed 10 months.
(b) Academic year employees shall be appointed initially for one academic year and thereafter in accordance with article 13 of this subchapter. Initial and subsequent appointments of academic year employees at campuses on quarter system year-round operations, shall also conform to article 2.5 of this subchapter. Temporary academic employees may be appointed for a shorter period.
(c) 12-month academic employees shall be appointed initially for one year and thereafter in accordance with article 13 of this subchapter.
(d) 10-month academic and other 10-month employees shall be appointed initially for 10 months and thereafter in accordance with article 13 and article 14, respectively, of this subchapter. For 10-month academic employees at campuses on quarter system year-round operations the beginning and ending dates of the 10-month period of service will be established at the time of appointment.
(e) Administrative employees shall be appointed initially for one year and thereafter in accordance with article 14 of this subchapter. Administrative employees when the workload requires may be appointed on a temporary basis for not to exceed ten months.
(f) Management Personnel Plan employees are appointed in accordance with article 2.2 of this subchapter.
(g) Executive employees shall not acquire tenure in executive positions. The chancellor, general counsel, and the campus presidents serve in their positions at the pleasure of the trustees. The vice chancellors serve in their positions at the pleasure of the chancellor who shall consult with the trustees prior to taking action to terminate a vice chancellor.
(h) Persons who are appointed to positions which are fully or partially funded from sources other than the California State University, where such funding is in support of a program of work relief or work training for the utilization of the unemployed or the under-employed, shall not receive credit toward tenure or permanent status while serving in such positions.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment of subsection (a) filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 72, No. 35.
2. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
3. Amendment of subsection (g) filed 5-24-91; operative 6-23-91 (Register 91, No. 27).
§42704. Designation of Teaching Areas.
Note • History
The President or designee of each campus, after appropriate consultation with department, division or school faculty, shall designate teaching service areas at the campus. The President or designee shall, after consultation with the academic teaching employee involved and with the members of each teaching service area involved, assign each campus academic teaching employee to one primary teaching service area and may assign each campus academic teaching employee to one or more secondary teaching service areas, as appropriate. Each teaching service area shall be designated so as to represent distinct curricular subdivisions and reflect discrete faculty competencies. The President or designee of each campus, after appropriate consultation as provided above, shall, at intervals of no more than five years, review and, as necessary, amend the designations of teaching service areas and the assignments of academic teaching employees to them to reflect changes in subject matter fields and specialized curriculums offered at the campus. Records shall be maintained by the campus of all such determinations.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-5-66; effective thirtieth day thereafter (Register 66, No. 25).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment filed 12-23-75; effective thirtieth day thereafter (Register 75, No. 52).
4. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42705. Chancellor. [Repealed]
Note • History
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Refiled 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
3. Repealer filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
Note • History
The faculty of each campus shall consist of specialists qualified to give the instruction in each authorized curriculum. The doctorate or equivalent attainment shall be the desirable qualification for appointment to a campus faculty position. Equivalent attainments may be accepted:
(a) In those fields where the doctorate is not common, and
(b) In vocational fields where experience may be substituted for academic training.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
Employees not included in Section 42711 shall be qualified to perform skillfully the duties of the respective positions.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Refiled 8-22-72; effective thirtieth day thereafter. (Register 72, No. 35).
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
Each employee of the California State University shall be assigned to perform the duties included in the specifications of his or her position. Each full-time nonexempt employee normally shall work 40 hours a week and each part-time nonexempt employee a proportionate amount of time based on his or her assignment.
NOTE
Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89502, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
3. Amendment of section and Note filed 1-7-2002; operative 1-7-2002. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2002, No. 2).
§42714. Grievance Procedures for Academic Personnel. [Repealed]
History
HISTORY
1. Repealer filed 6-21-73; effective thirtieth day thereafter (Register 73, No. 25). For prior history, see Register 72, No. 35.
§42715. Pilot Modified College Year Program.
Note • History
Notwithstanding any other provision of this Chapter 1, California State College, Stanislaus, is authorized to initiate and implement a pilot modified college year program, effective with the fall semester of 1973, pursuant to such administrative provisions as the Chancellor or his designee may establish for that purpose, which provisions are hereby authorized. The pilot program shall be for five college years, with annual evaluation. The modified college year may be composed of other than existing semester or quarter terms, but must be of a duration approved by the Chancellor or his designee.
The provisions adopted by the Chancellor or his designee shall provide that the teaching assignment for academic employees and the salary, sabbatical leave, sick leave and other employee benefits for the college year, shall be comparable to teaching assignments and benefits provided other employees of The California State University. Because of variations in the program during any particular term, it should be recognized that a teaching assignment for a given faculty member may vary from term to term during the course of the college year.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. New section filed 7-19-73; effective thirtieth day thereafter (Register 73, No. 29).
2. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 2.2. Management Personnel Plan
Note • History
(a) The California State University Management Personnel Plan is an integrated personnel system addressing the employment rights, benefits, and conditions of those California State University employees designated as “management” or “supervisory” under the Higher Education Employer-Employee Relations Act. The Management Personnel Plan includes four grade levels each with a salary delimited by minimum and maximum rates of salary determined by the Chancellor and approved by the Board of Trustees on the basis of comparative salary data from competitive public and private organizations. The salary ranges may be reviewed and adjusted as the Chancellor and the Trustees deem appropriate.
(b) The Chancellor or designee shall assign each Management Personnel Plan position to one of the four grade levels within the Management Personnel Plan. The assignment of a position to a particular grade level shall be based on an assessment of the skills, knowledges, and other qualifications needed to satisfactorily perform the position's assigned duties as well as the nature and complexity of the program or organizational unit managed or supervised by the position, the scope of management or supervisorial responsibility, job demands, extent of independent decision making authority, accountability, and impact of policies administered and/or decisions made. Working and organizational titles devised by the appointing power may be used to describe a Management Personnel Plan position and the assignment of a position to a grade level may vary from campus to campus depending on an assessment of the circumstances and factors on each campus.
(c) The Chancellor or designee may review and change the grade level to which a position in the Management Personnel Plan has been assigned using the criteria of subdivision (b). A Management Personnel Plan position shall remain in the grade level to which the position is assigned until a different grade level is assigned by the Chancellor or designee.
NOTE
Authority cited: Sections 89030 and 89500, Education Code. Reference cited: Section 89500, Education Code.
HISTORY
1. New Article 2.2 (Sections 42720-42728) filed 10-10-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 41).
§42721. Salary Administration.
Note
(a) Upon assignment of a position to one of the four Management Personnel Plan grade levels, the appointing power shall determine the salary to be paid and perquisites to be accorded to the employee in the position based upon the appointing power's assessment of the employee's merit and an assessment of the appointing power's need. Although no salary steps are prescribed, salary increments of approximately 1.0 percent shall be established for each salary range to facilitate salary administration and payroll processes.
(b) The appointing power may review and adjust a Management Personnel Plan employee's salary and perquisites. Such adjustment shall be based on the appointing power's evaluation of the employee's merit and the appointing power's need and shall be within funds allocated to the appointing power for such purpose. Adjustments of salary or perquisites or both salary and perquisites of a Management Personnel Plan employee shall be in accordance with a merit evaluation plan developed and administered by the appointing power. Unless otherwise prescribed by law, there shall be no general salary adjustments nor automatic adjustments for such employee. Adjustment of the salary range of an employee's grade level shall not automatically affect the employee's salary.
(c) The Chancellor shall budget a lump sum of money to each campus and to the headquarters office to support salary increases within funds available for this purpose. The Chancellor or President, as appropriate, shall determine the frequency and amount of salary and perquisite adjustments for Management Personnel Plan employees. An annual report of all employee compensation action taken shall be submitted by the campus President to the Chancellor or designee.
NOTE
Authority cited: Sections 89030 and 89500, Education Code. Reference cited: Section 89500, Education Code.
Note
The appointing power shall develop an evaluation plan outlining criteria and procedures for consideration of individual salary adjustments. Evaluation plans require standards of expectation for each grade level against which superior, average, or unsatisfactory performance can be gauged, and against which the amount of a pay increase, if any, can be determined. The evaluation plan requires criteria that will assure equity in pay based on merit factors, including quality, productivity, and the like.
Management Personnel Plan employees shall be evaluated after six-months and one year of service, and subsequently at one year intervals. The criteria and process for evaluation shall be determined by the appointing power. Evaluation shall also form the basis for recommendations for management development, professional leaves or other activities related to career development and upward mobility.
NOTE
Authority cited: Sections 89030 and 89500, Education Code. Reference cited: Section 89500, Education Code.
Note • History
(a) A Management Personnel Plan employee serves at the pleasure of the campus President or the Chancellor, as appropriate. A Management Personnel Plan employee shall not serve a probationary period and shall not receive permanent status.
(b) Athletic personnel who are appointed to positions in the Management Personnel Plan may be given appointments for a definite term. Any such appointment must be in writing and contain the initial date of appointment, the date on which the appointment expires, and a statement that the appointment may be terminated by the appointing authority at any time on terms set forth in the appointment document.
(c) A Management Personnel Plan employee who had permanent status in a class prior to January 1, 1984 shall retain permanent status in the class despite inclusion as a Management Personnel Plan employee. A Management Personnel Plan employee who prior to January 1, 1984 was serving a probationary period may be awarded permanent status by the appointing power upon the successful conclusion of the probationary period. Upon acquisition of permanent status such an employee shall retain permanent status in the same manner as an employee who has permanent status prior to January 1, 1984.
(d) A Management Personnel Plan employee who retains permanent status under subdivision (c) and who is placed in or promoted to a position under the Management Personnel Plan shall retain retreat rights as described in this subdivision (d) to the former class in which permanent status is held. Should the appointing power terminate the Management Personnel Plan employee's service in a Management Personnel Plan position, the employee shall have the right to return to the former class in which permanent status is held at the salary last received in the permanent class.
(e) Except in the case of layoff, the President or Chancellor, as appropriate, shall give a Management Personnel Plan employee, with the exception of athletic personnel appointed to definite terms under (b) above, notice of termination at least three months prior to the employee's separation date or shall give a Management Personnel Plan employee, with the exception of athletic personnel appointed to definite terms under (b) above, corresponding salary in lieu of notice.
NOTE
Authority cited: Sections 89030 and 89500, Education Code. Reference cited: Section 89500, Education Code.
HISTORY
1. Amendment of subsection (d) filed 5-19-2000; operative 5-19-2000. Submitted to OAL for printing only (Register 2000, No. 26).
2. New subsection (b), subsection relettering and amendment of newly designated subsections (d) and (e) filed 11-6-2008; operative 11-6-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 45).
Note
The appointing power may promote a Management Personnel Plan employee to a position with greater compensation either within the grade level to which the employee's position is assigned or to a different grade level. A promotion may be made after the appointing power has determined that the promotion is appropriate in light of its evaluation of the employee and the needs of The California State University. A promotion shall be made to a position which has been duly established by the Chancellor or designee, assigned by the Chancellor or designee to the appropriate grade level, and made available by the Chancellor or designee for use by the appointing power. Promotion actions will be in accordance with affirmative action guidelines and objectives.
NOTE
Authority cited: Sections 89030 and 89500, Education Code. Reference cited: Section 89500, Education Code.
Note
The appointing power may assign a Management Personnel Plan employee to different duties in the same position or may reassign a Management Personnel Plan employee to a different position either within or outside of the grade level or the Plan when the appointing power determines that such assignment or reassignment is in the best interests of The California State University.
NOTE
Authority cited: Sections 89030 and 89500, Education Code. Reference cited: Section 89500, Education Code.
§42726. Holidays, Vacation, and Sick Leave.
Note
(a) Holidays. A Management Personnel Plan employee shall be entitled to holidays as provided in Section 42920 of this Subchapter 7.
(b) Vacation. A Management Personnel Plan employee shall accumulate vacation at a rate of 2 days per qualifying pay period and may accumulate vacation in an amount not to exceed 384 working hours for 10 or less years of qualifying service and 440 working hours for more than 10 years of qualifying service as provided in Sections 42902 and 42909, respectively, of this Subchapter 7. Any vacation which the appointing power allows to accumulate beyond the maximum shall be taken in the first quarter of the next calendar year. Vacation shall be taken as directed or authorized by the appointing power and shall be scheduled by mutual agreement whenever possible.
(c) Sick Leave. A Management Personnel Plan employee shall accumulate 8 hours of credit for sick leave with pay following completion of one month of continuous service. Thereafter for each additional calendar month of service, one day of credit for sick leave with pay shall be allowed. Sick leave may be accumulated without limit. Each Management Personnel Plan employee may be required by the appointing power to provide proof satisfactory to the appointing power of the necessity of taking sick leave.
NOTE
Authority cited: Sections 89030 and 89500, Education Code. Reference cited: Section 89500, Education Code.
§42727. Professional Development.
Note
(a) Professional development, maintenance of currency in the field, and professional improvement are normal requirements for retention and advancement in a position in the Management Personnel Plan. Each Management Personnel Plan employee is responsible to maintain currency in the field and to develop and improve management or supervisory skills whether at California State University or personal expense.
(b) A Management Personnel Plan employee may participate in programs and activities determined by the appointing power to develop, update or improve the employee's management or supervisory skills. The programs and activities may include professional leaves, administrative exchanges, academic coursework, and seminars. A Management Personnel Plan employee may participate in a program or activity only after the employee's participation has been approved by the appointing power and only to the extent that funds are available for this purpose.
NOTE
Authority cited: Sections 89030 and 89500, Education Code. Reference cited: Section 89500, Education Code.
Note • History
The Chancellor or the President, as appropriate, may prescribe an informal means of hearing complaints from Management Personnel Plan employees who serve in the Headquarters Office or at a campus of The California State University. The informal procedures so prescribed shall be the exclusive administrative remedy available to a Management Personnel Plan employee to address employee complaints or to seek reconsideration of any personnel decision allegedly adverse to the interests of the employee.
NOTE
Authority cited: Sections 89030 and 89500, Education Code. Reference cited: Section 89500, Education Code.
HISTORY
1. Amendment filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
§42729. Paid Administrative Leave.
Note • History
A Management Personnel Plan employee may be granted or placed on paid administrative leave by the President at a campus, or the Chancellor at the Chancellor's Office, under either of the following circumstances:
(a) Up to sixty (60) calendar days of paid administrative leave for reasons related to (1) the safety or health of employees, (2) the prevention of the disruption of programs and/or operations, (3) an investigation of alleged misconduct by the employee or the employee's significant job performance issues or, (4) the best interest of the University. Such leave may be extended by the President or the Chancellor for up to an additional sixty (60) calendar days in extraordinary circumstances deemed by the President or the Chancellor to warrant such an extension; or
(b) Up to six (6) months of paid administrative leave to develop, update or improve the employee's management or supervisory skills as part of a program or activity described in §42727 (Professional Development), or to prepare an administrator with retreat rights to a faculty position to assume faculty responsibilities.
NOTE
Authority cited: Sections 89030 et seq. and 89500, Education Code. Reference: Sections 89030 et seq. and 89500, Education Code.
HISTORY
1. New section filed 10-14-2008; operative 10-14-2008. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2008, No. 42).
Article 2.5. Academic Year Employees at Campuses on Quarter System Year-Round Operations
Note • History
It is the policy of the Board of Trustees, that the rights and benefits of faculty at a campus be fully protected upon the campus's conversion to quarter system year-round operations.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Sections 89080-89084, Education Code.
HISTORY
1. New Article 2.5 (Sections 42750 through 42754) filed 8-5-66; effective thirtieth day thereafter (Register 66, No. 25).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42751. Establishment of Period of Four Consecutive Quarters During Which Three Quarters Academic Year of Service Is Performed.
Note • History
Academic year employees will be appointed for an academic year composed of any three quarters out of four consecutive quarters. On campuses on quarter system year-round operations the period of four consecutive quarters within which an academic year employee serves shall begin with the quarter to which the employee is appointed. For continuing academic year employees, upon conversion of the campus to quarter system year-round operations, the period of four consecutive quarters shall begin with the fall quarter, provided, however, that continuing academic year employees who prior to conversion of their campus to quarter system year-round operations had served full time for the immediately preceding two semesters or three quarters, as the case may be, shall be considered to have served a full academic year for purposes of Section 42754.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42752. Assignment to Academic Quarters.
Note • History
(a) The initial assignment pattern of the three quarters constituting the academic year of an academic year employee during his or her first academic year shall be established in advance of the employee's appointment, and stated in the employer's appointment or assignment letter.
(b) Following the initial academic year of service of a newly appointed academic year employee, and, for a continuing academic year employee upon the conversion of his or her campus to quarter system year-round operations, and thereafter, assignment and reassignment of patterns of the three quarters constituting the employee's academic year, and the time which a compensating quarter off may be taken pursuant to Section 42754, subdivision (e)(2), will be considered in light of the needs of the academic employee and the needs of the department, and mutually agreed at the department, division, or school level, as the campus shall determine. If such agreement is not reached at the level or levels selected by the campus for such determinations, the final decision will be made by the president, consistent with the resolutions of the Board of Trustees applicable to quarter system year-round operations.
(c) Assignment of an academic year employee to academic quarters pursuant to subdivision (b) of this Section shall be determined at as early a date as is feasible, but in any event, at least one full quarter, or in the case of a campus converting from a semester system to quarter system year-round operations, one full semester, in advance of the beginning of the next succeeding academic year, unless the employee consents to a later determination. No such assignment may be made more than three years in advance of the beginning of the academic year to which it relates. Assignments pursuant to this Article are without reference to decisions on appointment, retention and tenure, which decisions shall continue to be governed by Articles 2 and 13 of this Subchapter.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Sections 89080-89084, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
(a) The pattern of instruction for full-time academic year employees at campuses on quarter system year-round operations shall be three quarters of four consecutive quarters, the fourth quarter of which shall be vacation except as otherwise provided in Section 42901, subdivision (b).
(b) The teaching assignment for academic year employees at campuses on quarter system year-round operations, shall be no greater than it is for such employees at campuses not on quarter system year-round operations. Because of variation in course offerings during any particular quarter, a teaching assignment for a faculty member may vary from quarter to quarter and from academic year to academic year.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Sections 89080-89084, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42754. Teaching an Extra Quarter Assignment.
Note • History
(a) As used in this Section, the term “extra quarter assignment” means an assignment given to an academic employee to teach full-time or part-time within the employee's four quarter period, a quarter other than one of the quarters which comprise the employee's academic year.
(b) In exceptional instances when the needs of the campus require it, an academic year employee may teach an extra quarter assignment. The employee will not, as a general policy, teach more than six consecutive quarters, and, subject to the exception in subdivision (e)(1), shall not teach more than the equivalent of seven consecutive full-time quarters in the California State University.
(c) No academic year employee shall teach an extra quarter assignment unless the employee agrees to do so.
(d) When an academic year employee teaches an extra quarter assignment, the employee may elect whether the work shall be for extra compensation or for a quarter off at a later date. Service for a quarter off at a later date must be full time for the entire quarter. The employee shall make the election by notifying the campus in the form and in the manner and by the time prescribed by the president.
(e) An academic year employee may teach extra quarter assignments either for extra compensation or for a compensating quarter off at a later date provided that:
(1) For extra compensation--the employee's teaching, including teaching pursuant to this subdivision (e), shall not exceed the equivalent of one quarter for extra compensation nor more than the equivalent of ten quarters during any triad. An exception may be granted by the campus president if an eleventh quarter assignment is essential to the offering of required instruction. No service credit for tenure, retirement, sabbatical leave, sick leave, or seniority, will be earned during this extra quarter; and
(2) For a compensating quarter off at a later date--the employee's teaching, including teaching pursuant to this subdivision (e), subject to the exception in subdivision (e)(1), shall not exceed the equivalent of ten quarters during any triad. Such compensating quarter off will normally be taken during the employee's next succeeding academic year, but may, with the approval of the campus president or designee, be taken at a later time within 36 months of the completion of the extra quarter of service. No service credit for tenure, retirement, sabbatical leave, sick leave or seniority shall accrue during the period of the extra quarter assignment, but shall accrue with respect to the paid time taken as a compensating quarter off, in the same manner as though the employee had taught during the period of such compensating time off rather than during the period of the extra quarter assignment.
(f) As used in this article, the terms “teach” and “teaching” shall include service during a period of sabbatical leave taken pursuant to Article 5 (commencing with Section 43000) and service while on a special leave for research or creative activity, taken pursuant to Article 5.1 (commencing with Section 43050).
NOTE
Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 5-25-67 as an emergency; effective upon filing (Register 67, No. 21).
2. Certificate of Compliance--Section 11422.1, Gov. Code, filed 9-11-67 (Register 67, No. 37).
3. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
4. Amendment filed 8-11-82; effective thirtieth day thereafter (Register 82, No. 33).
5. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
6. Editorial correction of subsections (b) and (e) filed 2-23-83 (Register 83, No. 9).
§42755. Special Rule Applicable in Cases of Part-Time Service During Summer Quarters of 1966 and 1967. [Repealed]
History
HISTORY
1. Repealer filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 72, No. 35.
§42760. Special Rule Applicable to Campuses Phasing out of Quarter System Year-Round Operations.
Note • History
(a) The provisions of this section shall be applicable upon the determination by the Chancellor, in consultation with the president of the campus concerned, that it is necessary to phase out quarter system year-round operations at that campus for reasons of lack of financial support, Board of Trustee policy, or both.
(b) Upon a determination pursuant to subdivision (a) with respect to a particular campus, the president of that campus may authorize the waiver of any of the provisions of this Article (commencing with Section 42750) other than the obligation of the campus to compensate a faculty member for an extra quarter assignment and the provisions of subdivision (c) of Section 42754, but only if such waiver is determined to be necessary in a particular case in order to phase out quarter system year-round operations.
(c) Actions of a campus president pursuant to this section shall also be in conformance with such policy resolutions of the Board of Trustees as may be adopted, and with all other applicable requirements of law.
NOTE
Authority cited: Sections 66600, 8030, 89035 and 89500, Education Code. Reference: Sections 89080-89084, Education Code.
HISTORY
1. New section filed 12-29-70; effective thirtieth day thereafter (Register 71, No. 1).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 2.7. Twelve-Month Librarians Electing to Work on a Ten-Month Basis
Note • History
It is the policy of the Board of Trustees that the rights and benefits of librarians who elect to be employed on a ten-month basis pursuant to Education Code Section 89518 and Section 42771 of this Article shall be fully protected except for those rights and benefits based on compensation.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89518, Education Code.
HISTORY
1. New Article 2.7 (Sections 42770-42777) filed 4-2-76; effective thirtieth day thereafter (Register 76, No. 14).
2. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
Any librarian employed on a twelve-month basis in a fiscal year may elect to be employed for one or more fiscal years on a ten-month basis. Once a notice of election has been filed for more than one fiscal year, the librarian with the consent of the president or designee, may reduce by one or more fiscal years the number of periods of ten-month service.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89518, Education Code.
HISTORY
1. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
Any librarian who intends to exercise a right of election pursuant to this Article shall notify the President or his or her designee in writing of such intent at least six months prior to the proposed effective date of the appointment to a ten-month position. The President or his or her designee may waive any or all of this required notice when, in his or her judgment, it would not disrupt the orderly functioning of the library.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89518, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
A librarian electing to be employed on a ten-month basis in one or more fiscal years shall have his or her compensation reduced for any such fiscal year in the same proportion as the compensation of instructional academic employees whose fiscal year employment basis is changed from a twelve-month basis to a ten-month basis. The ten-month salary shall be paid in twelve equal installments.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89518, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42774. Determination of Period of Service.
Note • History
A librarian electing to be employed on a ten-month basis in a fiscal year must take two consecutive months off and those two months must be within the same fiscal year.
(a) For librarians with less than one full-time year of service or the equivalent, the two consecutive months off shall follow ten consecutive months of full-time service within the same fiscal year.
(b) For librarians with one or more years of full-time service or the equivalent, the two months off may be any consecutive two-month period within the same fiscal year period. In the event a librarian who has taken two months off prior to completing ten months of service in a fiscal year fails to complete ten months of service in that fiscal year; he or she shall reimburse the campus for all salary paid but not earned for that fiscal year. This obligation shall be exonerated if the failure of the employee to render such service is caused by his or her death or physical or mental disability.
(c) For librarians with one or more years of full-time service or the equivalent the librarian's selection of the particular two months off to be taken will normally be approved unless it is determined by the President or his or her designee that the library operations will be impaired. Should this occur, the President or his or her designee shall designate two or more alternate periods of two months from which the librarian will select two months off consistent with the requirements in (b) above.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89518, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
The Chancellor shall establish and may from time to time revise provisions for the administration of this Article.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89518, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
For purposes of this Article, “librarian” includes all persons serving in professional librarian classes in the academic closely related category except librarians serving in academic-administrative assignments.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89518, Education Code.
HISTORY
1. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42777. Effective Date of Appointments to Ten-Month Positions.
Note • History
Appointments made pursuant to Section 42771 of this Article shall be effective at the beginning of each fiscal year.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89518, Education Code.
HISTORY
1. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 3. Compensation and Pay Plan
§42800. Fixing of College Year, Semesters, Quarters, and Academic Holidays.
Note • History
The President of each campus shall annually for pay plan purposes:
(a) Fix, and publish in the annual bulletin of the campus after consultation with the faculty council or senate, the beginning and ending dates for each of the following:
(1) The college year.
(2) The semesters or quarters, as the case may be.
(b) Fix, and publish in the annual bulletin of the campus all college academic holidays.
(c) Fix for the college year, with the approval of the Chancellor, the pay periods for academic year employees of the campus, hereinafter called academic pay periods. The first academic pay period of a semester or quarter may include up to 45 calendar days.
(d) Certify to the Chancellor and to the State Controller prior to the beginning of each college year of the campus:
(1) The academic pay periods of the campus for the year.
(2) The number of academic workdays in the college year and in each of the semesters or in each of the quarters of the campus, as fixed and published in the annual bulletin or as changed by the President with the approval of the Chancellor subsequent to such publication. Unless an academic holiday falls thereon, each Monday, Tuesday, Wednesday, Thursday, and Friday in the college year, semester, or quarter, as the case may be, is an academic workday therein, regardless of whether or not any such day is a legal holiday enumerated in Section 42920 of this Subchapter.
(e) Certify separately the college year, the academic pay periods, the number of academic workdays, and academic holidays for the laboratory demonstration elementary school whenever they differ from those of the campus; whenever the terms “college year,” “academic pay period,” “academic day,” and “academic holiday” are hereinafter used in this Article, they shall refer to the facts so separately certified in any instance involving the pay plan of an academic year employee performing services in the campus laboratory demonstration school as an elementary teacher, principal, or supervisor. This certification shall be used only for the purpose of determining payments of salary to laboratory demonstration elementary school teachers, supervisors, and principals.
(f) Certify separately the college year, the semesters, the quarters, the academic pay periods, the number of academic workdays, and academic holidays for an off-campus center whenever they differ from those of the campus; whenever the terms “college year,” “semesters,” “academic pay period,” “academic day,” and “academic holiday” are hereinafter used in this article, they shall refer to the facts so separately certified in any instance involving the pay plan of an academic year employee performing services in an off-campus center.
(g) Submit a revised certification:
(1) When the President with the written approval of the Chancellor makes a change after the beginning of the college year in the college year, any semester, any quarter, or any academic holiday.
(2) When a change occurs in the college year or any semester of the laboratory demonstration elementary school.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment of subsection (d)(2) filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 75, No. 25.
2. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
3. Amendment of subsection (d)(2) filed 10-10-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 41).
4. Amendment of subsection (c) filed 8-31-95; operative 9-30-95 (Register 95, No. 35).
§42801. Classification of Employees for Pay Plan Purposes.
Note • History
For pay plan purposes, the following classes of employees are established:
(a) Academic year employee--a person employed to render service for an academic year, for a semester only, or for one or two quarters only.
(b) Ten-month academic (including librarians electing to be employed on a ten-month basis pursuant to Article 2.7 of this Subchapter) or other ten-month employee--a person employed in a position to render service on an annual or fiscal year salary basis on state workdays as defined in State Board of Control regulations or on days in lieu thereof during a ten-month period which position has a specified number of days of vacation allowed for each month of service. Ten-month academic employees (including librarians electing to be employed on a ten-month basis pursuant to Article 2.7 of this Subchapter) shall have the beginning and ending dates of the period of service established at the time of appointment.
(c) Twelve-month academic employee or other twelve-month employee--a person employed in a position to render service on an annual salary basis on state workdays as defined in State Board of Control regulations or on days in lieu thereof, during a 12-month period, which position has a specified number of days of vacation allowed for each month of service.
(d) Substitute instructional faculty--a person employed for a limited period to perform the duties of a regular teacher or instructor who is absent from duty and whose payroll title is Substitute Instructional Faculty.
(e) Special session academic employee--a person employed for special session work on an academic credit unit, or equivalent, basis.
(f) Extension instructional faculty--a person employed to teach extension classes.
(g) Music studio instructional faculty--a person employed on a unit of work basis.
(h) Student assistant--an employee with payroll title of student assistant.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-5-66; effective thirtieth day thereafter (Register 66, No. 25).
2. Amendment of subsection (b) filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment of subsection (b) filed 6-17-76; effective thirtieth day thereafter (Register 76, No. 25).
4. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42802. Effective Date of Initial Appointment.
Note • History
The effective date of the initial appointment of an employee shall be as follows:
(a) When the appointment is as an academic year employee who reports for duty at the beginning of a semester or quarter, the first day of the academic pay period during which the semester or quarter begins.
(b) When the appointment is as a ten-month academic employee (including librarians electing to be employed on a ten-month basis pursuant to Article 2.7 of this Subchapter), the beginning of the pay period in which the ten-month appointment begins provided, however, that such an employee may be appointed on a temporary basis during the period between the end of one ten-month assignment and the beginning of the next.
(c) Except as otherwise provided in this section, the date of initial appointment to a position shall be the date the employee reports for duty.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89518, Education Code.
HISTORY
1. Amendment filed 8-5-66; effective thirtieth day thereafter (Register 66, No. 25).
2. Amendment of subsection (b) filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment of subsection (b) filed 6-17-76; effective thirtieth day thereafter (Register 76, No. 25).
4. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42803. Pay Plan for California State University Employees. Amount and Dates of Payment.
Note • History
Subject to the provisions of Sections 42804 and 42805 employees of the California State University shall be paid in the amounts and on the dates specified in this section.
(a) Definition: As used in this section, the term “annual salary for an academic year” means twelve times the monthly salary rate indicated in the salary scales established for academic year personnel or the fractional equivalent thereof in the case of part-time employees.
(b) Academic Year Employee.
(1) Amount and Dates of Pay for Entire Academic Year. An academic year employee who completes all the service required for three quarters or two semesters shall be paid for such service his or her annual salary for an academic year adjusted for changes in salary rates, and time base for the periods covered by such adjustments, in twelve consecutive installments payable on state pay days covering the period of twelve months beginning with the effective date of his or her appointment; provided that adjustments for changes in salary rates may not be made applicable to the vacation period of an academic year employee subsequent to the conclusion of his or her academic year unless that employee has been reappointed or has retired or is retiring within 120 days of the end of the academic year, pursuant to the Public Employees' Retirement Law or the State Teachers' Retirement Law. The first installment shall be paid on the first state pay day following the conclusion of the first academic pay period as determined pursuant to subdivision (c) of Section 42800 and shall be the amount of his or her established monthly salary equivalent for the position. If such employee separates from the position following the completion of his or her assigned duties in the position but prior to the end of the twelve-month period, he or she may on separation be paid as a final settlement the unpaid balance of the salary due him or her.
(2) Amount of Pay for Semester. An academic year employee who completes all the service required for an entire semester shall for that service be paid one-half of his or her annual salary for an academic year, in six monthly installments, adjusted for changes in salary rates and time base of the period covered by such adjustment. Adjustments for changes in salary rates that are effective subsequent to the completion of an academic year employee's required service may not be made applicable to the vacation period of an academic year employee unless that employee has been reappointed or has retired or is retiring within 120 days of the end of his or her required service, pursuant to the Public Employees' Retirement Law or the State Teachers' Retirement Law.
(3) Amount of Pay for Quarter. Except as otherwise provided in this section, an academic year employee who completes all the service required for an entire quarter shall for that service be paid one-third of his or her annual salary for an academic year, in four monthly installments, adjusted for changes in salary rate and time base for the periods covered by such adjustments. Adjustments for changes in salary rates that are effective subsequent to the completion of an academic year employee's required service may not be made applicable to the vacation period of an academic year employee unless that employee has been reappointed or has retired or is retiring within 120 days of the end of his or her required service pursuant to the Public Employees' Retirement Law or the State Teachers' Retirement Law.
(4) Date of Payments for Service for Semester or Quarter.
(A) An academic year employee who is appointed to serve for one semester only or for one or two quarters only shall be paid in installments payable on state pay days covering the six-month period where appointment is for one semester, or the four-month or eight-month period, as the case may be, where the appointment is for one or two quarters, beginning on the effective date of his or her appointment. The first installment shall be paid on the first state pay day following the conclusion of the first academic pay period as determined pursuant to subdivision (e) of Section 42800 and shall be the amount of his or her established monthly salary equivalent for the position.
(B) If any employee described in subparagraph (A) hereof separates from the position following the completion of his or her assigned duties in the position but prior to the end of the six-month, four-month, or eight-month period, whichever is applicable, he or she may on separation be paid as a final settlement the unpaid balance of the salary due him or her, such balance to be computed by taking into account changes, if any, in the salary rate and time base. Adjustment for changes in salary rates that are effective subsequent to the completion of an academic year employee's required service may not be made applicable to the vacation period unless that employee has been reappointed or has retired or is retiring within 120 days of the end of his or her required service, pursuant to the Public Employees' Retirement Law or the State Teachers' Retirement Law.
(5) Academic Year Employee Serving in an Extra Quarter Assignment. An academic year employee appointed to serve an extra quarter assignment for compensation pursuant to Section 42754, subdivision (e)(1) shall be paid for such service in three monthly installments at the regular compensation. Such salary payments shall be in addition to any salary due him or her for service as an academic year employee.
(6) Academic Year Employee Serving in an Extra Quarter Assignment Without Compensation. An academic year employee serving full-time in an extra quarter assignment without compensation, pursuant to Section 42754, subdivision (e)(2) shall be entitled to a compensatory quarter off at a later date with regular compensation and benefits applicable at that time.
(c) Ten-month Employees (including librarians electing to be employed on a ten-month basis pursuant to Article 2.7 of this Subchapter).
A ten-month employee (including librarians electing to be employed on a ten-month basis pursuant to Article 2.7 of this Subchapter) who completes all service required for the ten-month period shall for such service be paid his or her regular annual salary in twelve consecutive installments payable on state pay days. If he or she serves at any one campus in the same class or class series in excess of ten-months during that employee's established year (a twelve-month period), he or she shall for such excess service be paid at the monthly rate of one-tenth of his or her annual salary or the fractional equivalent thereof in case of part-time service, adjusted for changes in salary rate and time base for the periods covered by such adjustments. If he or she has accumulated during the ten-month period vacation which he or she was unable to take because of his or her assigned duties, he or she may, at the discretion of the President, be paid for such vacation at the monthly rate of one-tenth of his or her regular annual salary adjusted for changes in salary rates; provided that adjustments for changes in salary rates may not be made applicable to the vacation period of a ten-month employee subsequent to the conclusion of his or her year of service unless that employee has been reappointed or has retired or is retiring within 120 days of the end of his or her year of service, pursuant to the Public Employees' Retirement Law or the State Teachers' Retirement Law. Pay for excess service and vacation shall be in addition to any salary due for service during the regular ten-month period, but the total pay for excess service and for accumulated vacation paid in addition to his or her regular annual salary shall not exceed an amount equal to two-tenths of his or her regular annual salary.
(d) Ten-month Employees paid under a 10-12 Pay Plan. A ten-month employee paid under a 10-12 pay plan, who completes all service required for the designated ten-month period, shall for such service be paid his or her regular annual salary, adjusted for changes in salary rates and time base for the periods covered by such adjustments, in twelve consecutive installments payable on state pay days. The first installment shall be paid on the first state pay day following the effective date of the appointment. If the employee serves at any one campus in the same class or class series in excess of ten months out of the twelve months covered by the employee's assignment, payment for such excess service shall be at the monthly rate of one-tenth of the annual salary or the fractional equivalent thereof, in case of part-time service, adjusted for changes in salary rate and time base for the periods covered by such adjustments. Credit for vacation with pay accumulated during the ten-month period which the employee was unable to take because of assigned duties, may, at the discretion of the President, be paid at the monthly rate of one tenth of his or her regular annual salary adjusted for changes in salary rates. Pay for excess service and vacation shall be in addition to any salary due for service during the regular ten-month period, but the total pay for excess service and for accumulated vacation shall not exceed an amount equal to two-tenths of his or her regular salary.
(e) Eleven-month Employees paid under an 11-12 Pay Plan. An eleven-month employee paid under an 11-12 pay plan, who completes all service required for the designated eleven-month period, shall for such service be paid his or her regular annual salary, adjusted for charges in salary rates and time base for the periods covered by such adjustments, in twelve consecutive installments payable on state pay days. The first installment shall be paid on the first state pay day following the effective date of the appointment. If the employee serves at any one campus in the same class or class series in excess of eleven months out of the twelve covered by the employee's assignment, payment for such excess service shall be at the monthly rate of one-eleventh of the annual salary or the fractional equivalent thereof, in case of part-time service, adjusted for changes in salary rate and time base for the periods covered by such adjustments. Credit for vacation with pay accumulated during the eleven-month period which the employee was unable to take because of assigned duties, may, at the discretion of the president, be paid at the monthly rate of one-eleventh of his or her regular annual salary adjusted for changes in salary rates. Pay for excess service and vacation shall be in addition to any salary due for service during the regular eleven-month period, but the total pay for excess service and for accumulated vacation shall not exceed an amount equal to one-eleventh of his or her regular salary.
(f) Twelve-month Academic Employees and Other Employees. The pay plan for twelve-month academic employees and all employees other than those provided for in the foregoing provisions of this section shall be as follows:
(1) Payment shall be made on the scheduled pay day for the service performed during the previous pay period, and
(2) Payment shall be based on the employee's established monthly salary, per diem or hourly salary rate, adjusted for any changes in salary rates and time base for the periods covered by such adjustments.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment of subsection (c) filed 6-17-76; effective thirtieth day thereafter (Register 76, No. 25). For prior history, see Register 75, No. 25.
2. Amendment filed 6-27-78; designated effective 81-78 (Register 78, No. 26).
3. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
4. Amendment of subsections (b)-(d) filed 10-10-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 41).
5. New subsection (e) and subsection redesignation filed 6-29-94; operative 7-29-94 (Register 94, No. 26).
§42804. Interim Reduction in Pay Due to Noncompensable Absence.
Note • History
(a) Academic Year Employee. If an academic year employee has any non-compensable absence, there shall be an interim reduction in pay at the end of the pay period in which the noncompensable absence occurred. This reduction shall be at the rate of one two-hundred-tenth of the employee's annual salary in effect during the pay period for each work day the employee was in a non-pay status. If such computation in any one pay period would result in zero or minus pay, the employee, shall be paid at the rate of one two-hundred-tenth of the annual salary for each day actually worked during that pay period.
(b) Ten-month Employees (including librarians electing to be employed on a ten-month basis pursuant to Article 2.7 of this Subchapter). If a ten-month employee has any noncompensable absence, there shall be an interim reduction in monthly pay at the end of the pay period in which the noncompensable absence occurred. This reduction shall be at the rate of one twenty-first in the case of a twenty-one day pay period and one twenty-second in the case of a twenty-two day pay period for each work day the employee was in a non-pay status.
(c) Ten-month Employees Paid Under a 10-12 Pay Plan. If a ten-month employee paid under a 10-12 pay plan has had a noncompensable absence, there shall be an interim reduction in pay at the end of the pay period in which the noncompensable absence occurred. That reduction shall be calculated as prescribed in subdivision (b) of this section.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-5-66; effective thirtieth day thereafter (Register 66, No. 25).
2. Amendment of subsection (b) filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment filed 6-17-76; effective thirtieth day thereafter (Register 76, No. 25).
4. Amendment filed 6-27-78; designated effective 8-1-78 (Register 78, No. 26).
5. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
6. Amendment filed 10-10-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 41).
Note • History
(a) When and to whom paid. Any academic year employee and any ten-month employee paid under a 10-12 pay plan shall receive a settlement payment in the following events:
(1) If there has been an interim reduction in pay pursuant to Section 42804 due to a noncompensable absence, a settlement payment shall be required at the completion of the period of service, or upon termination of the assignment for any reason, whichever event occurs earlier.
(2) If the employee serves less than the complete period of service covered by the assignment, a settlement payment shall be required upon termination of the assignment for any reason.
(3) If the total time required for completion of the period of service is changed, a settlement payment shall be required upon completion of the period of service.
(4) If the employee is transferred to service in a position falling under a different period of service or pay plan, a settlement payment shall be required upon termination of service in the previous position.
(5) The settlement payment shall be made to the employee on the state pay day immediately following the date described in the foregoing subsections when the settlement payment is required.
(b) Academic Year Employee. When required, the amount of a settlement payment which shall be paid to an academic year employee shall be equal to the difference between the total salary earned and the total amount previously paid to the employee for the period of service.
Full pay shall be allowed for each semester or quarter for which all required service has been completed.
For each semester or quarter for which the employee served less than the complete period of service, the settlement payment shall be computed by determining the amount that bears the same ratio to one-half (for a semester) or one-third (for a quarter) of the employee's total annual salary, adjusted for any changes in salary rate and time base for the periods covered by such adjustments, as the total number of workdays served by the employee bears to the total number of workdays in the semester or quarter. The same computation shall be used if he total employment time required of an employee in an academic year position or positions is changed.
(c) Ten-Month Employee. When required, the amount of a settlement payment which shall be paid to a ten-month employee shall be equal to the difference between the total salary earned and the salary previously paid to the employee for the period of service. The total salary earned is that amount which bears the same ratio to his or her regular annual salary for the position, adjusted for any changes in salary rate and time base for the periods covered by such adjustments, as the number of workdays served bears to the total number of workdays in the ten-month period. The same computation shall be used if the total employment time required of an employee in a ten-month position or positions is changed.
(d) Ten-Month Employees Paid Under a 10-12 Pay Plan. When required, the amount of a settlement payment which shall be paid to ten-month employees serving in ten-month assignments under a 10-12 pay plan shall be computed in the same manner as prescribed in subdivision (c) of this section.
(e) Report to Controller. The final settlement payment shall be computed by the campus and notification of the amount due furnished to the Controller.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-5-66; effective thirtieth day thereafter Register 66, No. 25).
2. Amendment of subsections (b) and (c) filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment filed 9-30-75; effective thirtieth day thereafter (Register 75, No. 40).
4. Amendment filed 6-27-78; designated effective 8-1-78 (Register 78, No. 26).
5. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
6. Amendment of subsections (a), (c) and (d) filed 10-10-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 41).
History
HISTORY
1. New section filed 6-27-78; designated effective 8-1-78 (Register 78, No. 26).
2. Repealer filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42806. Certification by Employee.
Note • History
(a) Notwithstanding any provision in this Chapter 1 to the contrary, whenever in the judgment of a campus president, it is necessary to do so in order to obtain accurate information for attendance and payroll reporting purposes, such president may require all employees in any attendance reporting unit the president may designate to certify the amount of time
worked, including, in the case of academic employees, all class assignments which were met and conducted, and all class assignments which were not met and conducted, during each pay period. Except as otherwise provided in this section, this certification shall be a condition to payment for the particular pay period in the case of all employees in any attendance reporting unit so designated.
(b) The certification required by this section shall be in such form and detail as the president shall prescribe.
(c) The section shall not apply to vacation or settlement payments, or to payments on leaves of absence with pay pursuant to Article 5 (commencing with Section 43000) of this Subchapter 7, or to payments on special leaves for research or creativity pursuant to Article 5.1 (commencing with Section 43050), of this Subchapter 7.
(d) The president may authorize exceptions to the requirements of this section in individual cases where owing to assignments out of California, illness or similar reasons, an undue hardship would otherwise result.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment of subsection (a) and NOTE, and repealer of subsection (e), filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 72, No. 35.
2. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 3.5. Tax Deferred Retirement Benefit
§30034. Procedures for Submitting ADS Pilot Program Application. [Repealed]
Note • History
NOTE
Authority cited: Section 69452, Education Code. Reference: Sections 69453 and 69454, Education Code.
HISTORY
1. New article 3.5 (sections 30034-30046 and Appendix A) and section filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
2. New article 3.5 (sections 30034-30046 and Appendix A) and section refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealer of article 3.5 (sections 30034-30046 and Appendix A) and repealer of section by operation of Government Code section 11346.1(g) (Register 2011, No. 20).
§30035. Application to Participate in the ADS Pilot Program. [Repealed]
Note • History
NOTE
Authority cited: Section 69452, Education Code. Reference: Sections 69453, 69454, 69456 and 69458, Education Code.
HISTORY
1. New section filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 20).
§30036. Process for Conditional Approval of the ADS Pilot Program Application. [Repealed]
Note • History
NOTE
Authority cited: Section 69452, Education Code. Reference: Sections 69454, 69456 and 69458, Education Code.
HISTORY
1. New section filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 20).
§30037. Process for Final Approval of an ADS Pilot Program Application. [Repealed]
Note • History
NOTE
Authority cited: Section 69452, Education Code. Reference: Sections 69454, 69456 and 69458, Education Code.
HISTORY
1. New section filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 20).
§30038. Commission Initial Contact Letter with Potential Grant Recipients. [Repealed]
Note • History
NOTE
Authority cited: Section 69452, Education Code. Reference: Section 69452, Education Code.
HISTORY
1. New section filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 20).
§30039. Correspondence Blackout and Blackout Cancellation by Commission. [Repealed]
Note • History
NOTE
Authority cited: Section 69452, Education Code. Reference: Section 69452, Education Code.
HISTORY
1. New section filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 20).
§30040. Commission Promotion of Student Access and Choice. [Repealed]
Note • History
NOTE
Authority cited: Section 69452, Education Code. Reference: Section 69452, Education Code.
HISTORY
1. New section filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 20).
§30041. Cal Grant GPA Web Service. [Repealed]
Note • History
NOTE
Authority cited: Section 69452, Education Code. Reference: Section 69452, Education Code.
HISTORY
1. New section filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 20).
§30042. Cal Grant GPA Web Service Access Process. [Repealed]
Note • History
NOTE
Authority cited: Section 69452, Education Code. Reference: Section 69452, Education Code.
HISTORY
1. New section filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 20).
§30043. Commission Tracking and Reconciliation Responsibilities. [Repealed]
Note • History
NOTE
Authority cited: Section 69452, Education Code. Reference: Section 69452, Education Code.
HISTORY
1. New section filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 20).
§30044. Pilot School Responsibilities, Notification and Reporting Requirements. [Repealed]
Note • History
NOTE
Authority cited: Section 69452. Education Code. Reference: Sections 69436, 69450, 69452, 69454 and 69460, Education Code.
HISTORY
1. New section filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 20).
§30045. Programmatic Noncompliance with the Requirements of the Cal Grant Alternative Delivery Pilot Program. [Repealed]
Note • History
NOTE
Authority cited: Section 69452, Education Code. Reference: Section 69452, Education Code.
HISTORY
1. New section filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 20).
§30046. Suspension or Termination from the Cal Grant Alternative Delivery Pilot Program. [Repealed]
Note • History
NOTE
Authority cited: Section 69452, Education Code. Reference: Section 69452, Education Code.
HISTORY
1. New section filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 20).
Appendix A [Repealed]
HISTORY
1. New Appendix A filed 8-9-2010 as an emergency; operative 8-9-2010 (Register 2010, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-7-2011 or emergency language will be repealed by operation of law on the following day.
2. New Appendix A refiled 1-20-2011 as an emergency; operative 1-20-2011 (Register 2011, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-20-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 20).
Note • History
It is the purpose of the Board of Trustees in adopting this Article, to implement the authority of the Board to afford employees of the California State University an opportunity to participate in a retirement benefit program which satisfies the provisions of the United States Internal Revenue Code, Section 403(b) as amended. Generally, participation in this program will involve a reduction in the salary of each participating employee in an agreed amount. The amount reduced will be applied as a contribution to a qualified 403(b) plan on behalf of such employee.
The Board of Trustees does not necessarily recommend that any individual employee participate in the retirement benefit program authorized by this Article. Rather, the Board is of the view that the decision on whether or not to participate is personal to each employee, who must personally consider and determine the relative merits of the retirement benefit program and its alternatives. The Board is not responsible for and does not warrant any particular tax consequence to employees who elect to participate.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 8950, Education Code.
HISTORY
1. Amendment filed 8-12-77; effective thirtieth day thereafter (Register 77, No. 33). For prior history, see Register 77, No. 18.
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42851. Qualified 403(b) Plan Contracts.
Note • History
Qualified 403(b) plan contributions purchased on behalf of employees of the California State University pursuant to this Article shall satisfy the provisions of Internal Revenue Code Section 403(b) as well as California Revenue and Taxation Code Section 17512. The accuracy of all computations, including but not limited to the amount of exclusion allowance, includable compensation, and years of service pursuant to the cited codes shall be the responsibility of the individual employee, or, should the insurance, annuity, or pension plan company undertake such commitment, of the company which provides the qualified 403(b) plan, or both the employee and the company. Such computations shall not be the responsibility of the State of California, the Board of Trustees, nor of any officer or employee of the California State University assigned any duties in connection with the administration of this Article.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89505, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 8-12-77; effective thirtieth day thereafter (Register 77, No. 33).
3. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42852. Eligible Participation.
Note • History
Any full-time employee, or part-time employee who otherwise qualifies under federal and state tax law and who is participating in the worktime reduction program authorized by Articles 6.3 or 6.4, of the California State University is eligible to participate in the retirement benefit program authorized by this Article, so long as that employee continues to serve on a full-time basis or, for employees in the worktime reduction program, on a part-time basis under that program. Salary earned for special session and extension appointments on less than an annual basis shall not be subject to salary reduction.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89505, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 8-12-77; effective thirtieth day thereafter (Register 77, No. 33).
3. Amendment filed 12-10-81; effective thirtieth day thereafter (Register 81, No 50).
4. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42853. Administration and Implementation.
Note • History
In order to carry out the provisions and policy of this Article, the Chancellor or designee is authorized in the name of the Board of Trustees to:
(a) Enter into agreements with any employee of the California State University, subject to Section 42852, for the reduction of the employee's salary and for application of the funds realized by such reduction as contributions to a qualified 403(b) plan on behalf of the employee. The agreements shall contain such other provisions as the Chancellor deems necessary or appropriate in order to carry out the purposes of this Article.
(b) Reduce the salary of any employee with whom an agreement is entered pursuant to this Section, in the amount provided in the agreement with the employee.
(c) Contribute an amount equal to the reduction in salary to a qualified 403(b) plan on behalf of any employee with whom an agreement is entered pursuant to this Section, from such qualified 403(b) plan provider as the employee shall select from among those designated for the purpose by the Chancellor or designee. The qualified 403(b) plan contract shall be nontransferable and nonforfeitable, except for failure to pay future premiums.
(d) Do all other acts deemed by the Chancellor or designee to be necessary or appropriate in order to carry out the purposes of this Article.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89505, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 8-12-77; effective thirtieth day thereafter (Register 77, No. 33).
3. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42854. Qualified 403(b) Plan.
Note • History
As used in this Article, “qualified 403(b) plan” means investment programs, including annuities and custodial accounts, which qualify for the benefits provided in United States Internal Revenue Code Section 403(b), and California Revenue and Taxation Code Sections 17502.5 and 17512 as they may be from time to time amended, and regulations issued thereunder.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89505, Education Code.
HISTORY
1. Amendment filed 8-12-77; effective thirtieth day thereafter (Register 77, No. 33).
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 4. Vacations
§42900. Classification of Employees for Vacation Purposes.
Note • History
For vacation purposes, each employee of the California State University is classified the same as for pay plan purposes.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42901. Academic Year Employee.
Note • History
(a) Each academic year employee is entitled to earned vacation on days falling between the end of his or her academic year and the beginning of his or her next academic year and on days designated in the local campus calendar as campus academic holidays during his or her academic year, except that the number of campus academic holidays scheduled and observed on regular state workdays which is equal to the number of state holidays on which an academic year employee is required to work is compensating time off for time worked on state holidays.
(b) A continuing full-time academic year employee after at least one academic year of full-time service at a campus on quarter system year-round operations may, pursuant to Section 42752, be permitted to take a vacation quarter during the first, second or third quarter of his or her academic year in lieu of vacation between the end of that academic year and the beginning of the next academic year. An academic year employee taking vacation in advance of the completion of his or her academic year shall be obligated to complete his or her academic year of service during the four quarter period or, upon approval of the president, during the next succeeding four quarter period; provided, however, that this obligation shall be further deferred for any period during which the employee is a “person in military service” as that phrase is defined in the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, of the United States (50 App. U.S.C. Section 501, et seq. ). This obligation shall be exonerated by the employee's death or disability.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-5-66; effective thirtieth day thereafter (Register 66, No. 25).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment filed 6-7-78; effective thirtieth day thereafter (Register 78, No. 23).
4. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
(a) Credit for Full-time Employment. On the first day of the monthly pay period following completion of each qualifying monthly pay period of full-time service, a ten-month or twelve-month academic employee, executive employee, employee serving in an academic-administrative assignment, an employee serving in a class determined by the Chancellor to be equivalent to these classes after appropriate occupational studies and consultation, an employee designated by the Chancellor as confidential under the Higher Education Employer-Employee Relations Act, or a Management Personnel Plan employee shall receive two workdays of credit for vacation with pay.
(b) Credit for Less Than Full-time Employment.
(1) Part-time Employee. On the first day of the monthly pay period following completion of each qualifying monthly pay period of service, an employee as to whom this section applies shall receive the fractional part of two workdays of credit for vacation with pay equal to the fraction his or her service is to full-time service, except that fractions of credit hours which do not equal one-third hour shall be adjusted to the next higher one-third hour.
(2) Hourly Employee. On the first day of the monthly pay period following completion of each 160 hours of paid employment, an employee as to whom this section applies who renders service on an hourly basis shall receive two workdays of credit for vacation with pay.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 5-25-67; effective thirtieth day thereafter (Register 67, No. 21).
2. Amendment of subsection (c) filed 10-11-68; effective thirtieth day thereafter (Register 68, No. 38).
3. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
4. Amendment filed 6-7-78; effective thirtieth day thereafter (Register 78, No. 23).
5. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
6. Amendment filed 1-12-83; effective thirtieth day thereafter (Register 83, No. 3).
7. Amendment of subsection (a) filed 10-10-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 41).
§42903. Employee Not Eligible for Vacation.
Note • History
A person employed in a class determined by the Chancellor to be temporary in nature or in a class restricted to students of the California State University shall not receive credit for vacation with pay for such service.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-5-66; effective thirtieth day thereafter (Register 66, No. 25).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment filed 6-7-78; effective thirtieth day thereafter (Register 78, No. 23).
4. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
(a) Credit for Full-Time Employment. An employee as to whom this article does not otherwise provide shall receive credit for vacation with pay according to the following schedule:
Vacation Allowance
Per Qualifying
Length of Qualifying Service Pay Period Yearly Equivalent
First 36 mos. (3 yrs.) 5/6 day 2 weeks
37 mos. thru 72 mos. (6 yrs.) 1-1/4 days 3 weeks
73 mos. thru 120 mos. (10 yrs.) 1-5/12 days 3 weeks and 2 days
121 mos. thru 180 mos. (15 yrs.) 1-7/12 days 3 weeks and 4 days
181 mos. thru 240 mos. (20 yrs.) 1-3/4 days 4 weeks and 1 day
241 mos. thru 300 mos. (25 yrs.) 1-11/12 days 4 weeks and 3 days
301 mos. and over 2 days 4 weeks and 4 days
(b) Credit for Less Than Full-time Employment. Part-time Employees One-Half Time or More. On the first day of the monthly pay period following completion of each qualifying monthly pay period of service, an employee rendering part-time service at one-half time or more shall receive as credit for vacation with pay the fractional part of the vacation allowance specified in the schedule in subsection (a) of this section equal to the fraction his or her service is to full-time service except that fractions of credit hours which do not equal one-third of an hour shall be adjusted to the next higher one-third hour.
Part-time Employees Less Than One Half Time. On the first day of the monthly pay period following completion of one qualifying monthly pay period of service, an employee rendering part-time service at less than one-half time shall receive as credit for vacation with pay the fractional part of the vacation allowance specified in the schedule in subsection (a) of this section equal to the fraction his or her service is to full-time service except that fractions of credit hours which do not equal one third of an hour shall be adjusted to the next higher one-third hour. Thereafter, on the first day of the monthly pay period following accumulated qualifying service equal to one complete monthly pay period of full-time service, the employee shall receive credit for vacation with pay as specified in the schedule in subsection (a) of this section.
Hourly Employees. On the first day of the monthly pay period following completion of each 160 hours of qualifying service, a person employed on an hourly basis shall receive credit for vacation with pay for one complete monthly pay period as specified in the schedule in subsection (a) of this section.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 6-7-78; effective thirtieth day thereafter (Register 78, No. 23).
3. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42905. Computation of State Service.
Note • History
State service for the purpose of determining which vacation accumulation rate in the schedule in subsection (a) of Section 42904 to use shall include all qualifying monthly pay periods of service. Part-time qualifying service at the rate of one-half time or more shall be counted as full-time service. Part-time qualifying service at a rate of less than one-half time shall be accumulated until it is equal to one month of full-time service (e.g., 4 months of one-fourth time service equal one qualifying monthly pay period) at which time it shall be credited to the employee.
For purposes of the schedule in subsection (a) of Section 42904, 160 hours of service of an hourly employee equals one qualifying monthly pay period. However, hours worked in a monthly pay period in excess of 160 shall be carried forward to the next accumulation. Not more than 160 hours may be credited in any one pay period.
When a person employed half-time or more changes time base to less than one-half time or is changed to an hourly rate employee, or when a person employed less than half-time or on an hourly basis changes time base to half time or more, he or she shall retain qualifying service credit already received and shall continue accumulating qualifying service credit applicable to the new time base. Any time worked by a person employed less than half-time or on an hourly basis which does not equal a month of full-time service, upon a change in time base or return to service following a break in service, shall not be credited to the employee.
When any employee changes from less than one-half time to hourly (or vice versa), the service under each time base shall be accumulated until it equals one month of full-time service.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 6-7-78; effective thirtieth day thereafter (Register 78, No. 23).
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
(a) An employee holding a position in addition to other full-time employment with the state shall not receive credit for vacation with pay for service in the additional position.
(b) When an employee holds two or more less than full-time positions, the time worked in each position shall be combined for purposes of computing credits for vacation with pay but such credits shall not exceed full-time employment credit.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. New section filed 6-7-78; effective thirtieth day thereafter (Register 78, No. 23).
2. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42907. Change in Appointment or Assignment.
Note • History
Any employee having accumulated credit for vacation with pay who is appointed, or assigned or transferred to a position or assignment which does not accumulate credit for vacation with pay shall receive from the accumulating campus a lump sum payment for any accumulated credit for vacation and overtime hours.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. New section filed 6-7-78; effective thirtieth day thereafter (Register 78, No. 23).
2. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
When an employee leaves the employment of one campus or the Chancellor's Office and enters the employment of another campus or the Chancellor's Office, any accumulated vacation credit not paid at the place of prior employment shall be credited to the employee at the new place of employment.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. New section filed 6-7-78; effective thirtieth day thereafter (Register 78, No. 23).
2. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42909. Accumulation and Carry-Over.
Note • History
(a) An employee may accumulate credit for vacation with pay for which vacation is not taken during the calendar year. On January 1st of any calendar year, an employee covered by Section 42902 shall not have a credit for vacation with pay of more than 384 hours; an employee covered by Section 42904 shall not have a credit of more than 272 working hours for 10 or less years of qualifying service or 384 working hours for more than 10 years of such service; a Management Personnel Plan employee shall not have a credit of more than 384 working hours for 10 or less years of qualifying service or 440 working hours for more than 10 years of such service; and a campus President, General Counsel, Vice Chancellor, or Chancellor shall not have a credit of more than 480 hours.
(b) Notwithstanding subsection (a) to the contrary, the president of a campus at which an employee is employed, or the Chancellor in the case of all other employees, may permit an employee to carry over more vacation credits than the prescribed maximum when the employee was prevented from taking enough vacation to reduce the credits because the employee (1) was required to work as a result of fire, flood or other similar emergency, (2) was prevented from taking vacation by work the president or the Chancellor, as the case may be, has determined to be of a priority or critical nature over an extended period of time, (3) was absent on full salary for compensable injury, or (4) was prevented by campus rule from taking vacation until December and at that time was unable to take vacation because of illness requiring use of sick leave. This subsection (b) shall not apply to vacation carry over of a campus President, General Counsel, Vice Chancellor, and Chancellor.
When verification of past state service requires it, an employee's accumulated credit for vacation with pay shall be adjusted. In such case, any additional credit which exceeds the maximum carry-over limitation shall be used within one year following the qualifying monthly pay period in which credited.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. New section filed 6-7-78; effective thirtieth day thereafter (Register 78, No. 23).
2. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
3. Amendment of subsection (a) filed 10-10-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 41).
4. Amendment filed 6-4-99; operative 6-4-99. Submitted to OAL for printing only (Register 2000, No. 29).
Note • History
The President of the campus in which an employee is employed, or the Chancellor in the case of all other employees, shall determine when the employee shall take vacation which has been acquired in the current year and vacation which has been carried over from prior years. The determination made by the President or Chancellor shall be made after consultation with the employee. The President or Chancellor shall seek to accommodate the employee's needs to the needs of the employment. Vacation, regardless of when it was accumulated, shall be taken as directed by the President or Chancellor. In the event the appointing power does not, during the calendar year, schedule vacation for an employee sufficient to reduce credit for vacation accumulated with pay as of the following January 1 to the amount permitted by Section 42907, the employee may take, as a matter of right, immediately preceding the following January 1 the number of days of accumulated vacation required to reduce such accumulation to the amount permitted by that section.
Notwithstanding the authority of the President or Chancellor to determine when vacation shall be taken, an employee who is in the final year of employment prior to service retirement under the Public Employees' Retirement System or the State Teachers' Retirement System may elect not to take vacation carried over from prior years and instead, receive a lump sum payment as of the date of separation, subject to the requirements of Section 42912.
As used in this section, “President” or “Chancellor” shall include duly authorized designees of the President or Chancellor, respectively.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. New section filed 6-7-78; effective thirtieth day thereafter (Register 78, No. 23).
2. Amendment filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3).
3. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
The appointing power shall keep, for each employee, a record of vacation credit accumulated and taken.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. New section filed 6-7-78; effective thirtieth day thereafter (Register 78, No. 23).
2. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42912. Payment upon Separation.
Note • History
Upon separation from service without cause an employee shall be paid for accumulated vacation credit without regard to the current carry-over limitation. Accumulation of vacation credit by such an employee shall continue through the last working day for which the employee is entitled to pay or through the date to which lump-sum payment is projected as required in Section 18005 of the Government Code. If this date is such that the employee has sufficient paid working days to qualify a further monthly pay period, vacation with pay shall be given for that monthly pay period.
An employee dismissed from service for cause shall accumulate vacation credit only through the date of separation. If this date is such that the employee has sufficient paid working days to qualify the monthly pay period, vacation with pay shall be given for that monthly pay period.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. New section filed 6-7-78; effective thirtieth day thereafter (Register 78, No. 23).
2. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§42913. Effective Date. [Repealed]
History
HISTORY
1. New section filed 6-7-78; effective thirtieth day thereafter (Register 78, No. 23).
2. Repealer filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 4.1. Holidays
Note • History
The Chancellor for the systemwide staff and the President for each campus shall be responsible for the administration of paid holidays for the employees under their supervision.
(a) The following holidays, when not occurring on a Saturday or Sunday, shall be observed on the days specified:
(1) January 1
(2) Third Monday in January (Martin Luther King, Jr. Day)
(3) March 31 (Cesar Chavez Day)
(4) July 4
(5) First Monday in September (Labor Day)
(6) November 11 (Veterans Day)
(7) Thanksgiving Day
(8) December 25
(9) Any other day designated by the Governor of this state for a public fast or holiday.
(b) The following days are designated holidays which the Chancellor or President may reschedule to another day consistent with the needs of the campus or systemwide offices:
(1) Third Monday in February (President's Day)
(2) February 12 (Lincoln's Birthday)
(3) Last Monday in May (Memorial Day)
(4) September 9 (Admission Day)
(5) Second Monday in October (Columbus Day)
(6) Personal holiday, to be designated by each employee. The employee may be required to supply reasonable advance notice of intent to take the personal holiday.
(c) Any holiday which falls on a Saturday shall be observed on the preceding Friday and any holiday which falls on a Sunday shall be observed on the following Monday.
(d) On days when the campuses or systemwide office are observing holidays, particular employees may be required to work to perform necessary services.
(e) Notwithstanding the above provisions, the Chancellor shall have discretion to determine whether the holidays identified in this Article shall be paid or unpaid for non-represented, Management Personnel Plan and Executive employees.
NOTE
Authority cited: Sections 89030 and 89500, Education Code. Reference: Sections 89030 and 89500, Education Code.
HISTORY
1. New Article 4.1 (Section 42920) filed 12-1-82; effective thirtieth day thereafter (Register 82, No. 49).
2. New subsections (a)(2) and (a)(3) and subsection renumbering filed 2-21-2001; operative 2-21-2001. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2001, No. 15).
3. New subsection (a)(6), repealer of subsection (b)(6) and subsection renumbering filed 4-4-2006; operative 4-4-2006. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2006, No. 15).
4. New subsection (e) and amendment of Note filed 7-21-2009; operative 7-21-2009. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2009, No. 30).
Article 4.2. Catastrophic Leave Donation Program
Note • History
An employee who accrues vacation or sick leave credits may voluntarily donate either of those credits to another employee on the same campus, or for employees in the Office of the Chancellor, to another employee in the Office of the Chancellor. To qualify, the recipient employee shall have exhausted all accrued leave credits due to catastrophic illness or injury that has totally incapacitated the employee from work. “Accrued leave credits” include credits for sick leave, vacation, and compensating time off.
NOTE
Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. New Article 4.2 (sections 42930-42933) filed 5-5-92; operative 6-4-92 (Register 92, No. 19).
§42931. Definition of Catastrophic Illness or Injury.
Note • History
A catastrophic illness or injury is one which has totally incapacitated the employee from work. Catastrophic illness or injury may also include an incapacitated member of the employee's family, if this results in the employee's being required to take time off for an extended period of time in order to care for the family member and the employee has exhausted all of accrued vacation credits and all accrued sick leave credits which may be used for family care. Only donated vacation credits may be used for such family care catastrophic leave.
NOTE
Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. New section filed 5-5-92; operative 6-4-92 (Register 92, No. 19).
§42932. Participation and Eligibility.
Note • History
An employee, the employee's representative or the employee's family member shall request participation and provide appropriate verification of illness or injury as determined by the employee's appointing authority. The appointing authority shall determine eligibility to receive donations of vacation and sick leave credits. An incapacitated employee may elect to defer a request to participate during a period of Industrial Disability Leave eligibility.
NOTE
Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. New section filed 5-5-92; operative 6-4-92 (Register 92, No. 19).
Note • History
(a) Only vacation and sick leave credits may be donated. Employees may donate a maximum of forty (40) hours of leave credits per fiscal year in increments of one hour or more. Donations are irrevocable. Donated leave credits may be used to supplement Industrial Disability leave, Nonindustrial Disability Insurance or Temporary Disability payments upon the application for these benefit(s) by an eligible employee. The total amount of leave credits donated and used may not exceed an amount sufficient to ensure the continuance of the employee's regular monthly rate of compensation.
(b) The total donated leave credits shall normally not exceed an amount necessary to continue the employee for three calendar months calculated from the first day of catastrophic leave. The appointing authority may approve an additional three-month period in exceptional cases. The leave shall not be deemed donated until actually transferred by the appointing authority's recordkeeper to the record of the employee receiving leave credits. Such transfer shall be accomplished at hte end of a pay period, and credits shall be transferred in the order of the dates actually pledged.
(c) For employees whose appointments have not been renewed, donated time may not be used beyond the emoployee's appointment expiration date in effect at the beginning of the disability.
(d) Unused donated leave crdits may not be used to receive service credit following a service or disability retirement.
NOTE
Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. New section filed 5-5-92; operative 6-4-92 (Register 92, No. 19).
2. Editorial correction of subsection (d) (Register 95, No. 47).
3. Amendment of subsection (a) filed 11-28-2001; operative 11-28-2001. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2002, No. 4).
4. Amendment of subsection (a) filed 9-30-2002; operative 9-30-2002. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2003, No. 1).
Article 5. Leaves of Absence with Pay
§43000. Grants, Purpose and Terms.
Note • History
The Chancellor may grant academic or executive employees or employees serving in an academic-administrative assignment at any campus a leave of absence with pay for not to exceed one year for the purpose of permitting study or travel by the employee which will benefit the California State University. The Trustees on recommendation of the Chancellor may grant leaves of absence with pay not to exceed one year to executive employees and those serving in academic-administrative assignments in the Office of the Chancellor.
To be eligible for a leave of absence with pay, an applicant must hold a full-time position and have served therein full-time as an academic employee, executive employee, or an employee in an academic-administrative assignment, or any combination thereof, for six consecutive academic years. The length of leaves of absence with pay and the compensation to be paid during such leaves, shall be as provided in this Section.
(a) Eligible Employees at Campuses on Quarter Calendars, including academic year employees, 10-month academic employees, and 12-month academic employees:
(1) One quarter leave at full pay.
(2) Two quarters leave at three-fourths of full pay.
(3) Three quarters leave at one-half of full pay.
(b) Eligible Employees at Campuses on Semester Calendars, including academic year employees, 10-month academic employees and 12-month academic employees:
(1) One semester leave at full pay.
(2) Two semesters leave at one-half of full pay.
(c) Difference in Pay Leaves. Academic employees who have completed at least six consecutive academic years of service may be granted a leave of absence for one or more quarters or semesters not exceeding one year, with compensation equal to the difference in salary between that received by the person on leave and minimum salary of the instructor rank.
(d) These regulations shall remain in effect until adequate funding is approved by the Legislature to provide the sabbatical leaves set forth in the following provisions. When adequate funding is received, the above regulations will cease to exist and the following regulations shall become effective:
The Chancellor may grant academic or executive employees or employees serving in an academic-administrative assignment at any campus a leave of absence with pay for not to exceed one year for the purpose of permitting study or travel by the employee which will benefit the California State University. The Trustees on recommendation of the Chancellor may grant leaves of absence with pay not to exceed one year to executive employees and those serving in academic-administrative assignments in the Office of the Chancellor.
“To be eligible for a leave of absence with pay, an applicant must hold a full-time position and have served therein full-time as an academic employee, executive employee, or an employee in an academic-administrative assignment, or any combination thereof, for the time required in this Section.
“(a) Eligible Employees at Campuses on Quarter Calendars.
“(1) For academic year employees and 10-month academic employees:
“(A) One quarter leave at two-thirds of full pay after completion of two consecutive academic years.
“(B) One quarter leave at full pay after completion of three consecutive academic years.
“(C) Two quarters leave at two-thirds of full pay after completion of four consecutive academic years.
“(D) Two quarters leave at full pay after completion of six consecutive academic years.
“(E) Three quarters leave at two-thirds of full pay after completion of six consecutive academic years.
“(2) For 12-month employees:
“(A) One quarter leave at two thirds of full pay after completion of two consecutive years.
“(B) One quarter leave at full pay after completion of three consecutive years.
“(C) Two quarters leave at two-thirds of full pay after completion of four consecutive years.
“(D) Two quarters leave at full pay after completion of six consecutive years.
“(E) Three quarters leave at two-thirds of full pay after completion of six consecutive years.
“(b) Eligible Employees at Campuses on Semester Calendars.
“(1) For academic year employees and 10-month academic employees:
“(A) One semester leave at two-thirds of full pay after completion of three consecutive academic years.
“(B) One semester leave at full pay after completion of six consecutive academic years.
“(C) Two semesters leave at two-thirds of full pay after completion of six consecutive academic years.
“(2) For 12-month employees:
“(A) One semester leave at two-thirds of full pay after completion of three consecutive years.
“(B) One semester leave at full pay after completion of six consecutive years.
“(C) Two semesters leave at two-thirds of full pay after completion of six consecutive years.
“(c) Leaves in Residence. An academic employee otherwise eligible for a leave at two-thirds of full pay, pursuant to this Section, may be awarded in lieu thereof, a leave of absence in residence in the California State University, at full pay, provided:
“(1) The purpose of such leave is to engage in research, writing, or similar activity; and
“(2) The recipient teaches one course of at least 3 units during each semester or quarter of his or her leave. A recipient of a leave pursuant to this subdivision (c) shall have no other teaching, committee, or administrative duties during the period of the leave.
“(d) Difference in Pay Leaves. Academic employees who have completed at least 6 consecutive academic years of service may be granted a leave of absence for one or more quarters or semesters not exceeding one year, with compensation equal to the difference in salary between that received by the person on leave and minimum salary of the instructor rank.”
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35). For prior history, see Register 68, No. 43.
2. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
4. Amendment of subsection (d) filed 9-3-2004; operative 9-3-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
§43001. Eligibility and Effect.
Note • History
(a) A full or part-time leave of absence without pay shall not constitute a break in service in qualifying for sabbatical leave.
(b) One year or less of a leave of absence without pay taken for the purpose of teaching, research, study, or an assignment determined by the campus president or the Chancellor to be of a nature valuable to the California State University may, at the discretion of the president, after consultation with the faculty, be counted towards eligibility for sabbatical leave. A notation of the basis of the decision shall be made in the employee's official personnel record.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-5-66; effective thirtieth day thereafter (Register 66, No. 25).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43002. Requisite Position and Assignment. [Repealed]
History
HISTORY
1. Amendment filed 8-5-66; effective thirtieth day thereafter (Register 66, No. 25).
2. Repealer filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
History
(a) The president of each campus is responsible for assuring and certifying to the Chancellor that the number of leaves granted in any one quarter, semester, or year, is not so great in any department, division, or school, or at the campus as a whole as to disrupt the continued and regular course offerings or to affect the quality level of education offered to the students.
(b) The granting of leaves of absence as provided in this article shall not exceed existing appropriations available for such leaves. NOTE: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-5-66; effective thirtieth day thereafter (Register 66, No. 25).
2. Amendment of subsection (a) filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
(a) An application for a leave of absence shall be executed by the applicant on a form prescribed by the Chancellor and submitted to the president of the campus accompanied by the action of the appropriate faculty committee. The application shall include or be accompanied by the details of the applicant's plan of study, research, or travel and service together with a statement of the benefits which would accrue to the campus and students thereof from the proposed study, research, or the travel and service.
(b) If the president approves the application, the president shall, within such time as the Chancellor shall prescribe, submit the application to the Chancellor together with appropriate justification.
(c) The Chancellor shall grant a leave of absence for the purpose of pursuing research, other study or travel only if the Chancellor is satisfied that the applicant is eligible for the leave and will during the leave of absence engage in study or travel of a kind and in an amount which will so improve and update the applicant's capabilities that during future employment of the applicant at the campus such experience will substantially enhance the applicant's value to the California State University and to the students thereof.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-5-66; effective thirtieth day thereafter (Register 66, No. 25).
2. Amendment of subsections (a) and (c) filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43005. Bond, Compensation and Further Leaves.
Note • History
(a) Final approval of an application for a leave of absence to engage in study or travel during or for which the applicant is to receive compensation as provided hereinbefore shall not be granted until the applicant has filed with the Chancellor a suitable bond indemnifying the State of California against loss in the event the employee fails to render service in the California State University following the return of the employee from the leave of absence at the rate of one term of service for each term of leave. The bond shall be in the amount of the total salary computed to become due to the applicant during the applicant's leave of absence, except that in the case of an academic employee on sabbatical leave in residence, pursuant to Section 43000, subdivision (d), in which event the bond shall be in the amount of 4/5 of his or her total salary computed to become due to the applicant during such leave of absence. The bond shall be exonerated if the failure of the employee to return and render the requisite service in the California State University following the employee's leave of absence is not due to the fault of the employee. The obligation to file a bond may be waived by the Chancellor if the Chancellor finds that the interests of the State will be protected by the written agreement of the employee to return to the service of the California State University and render the requisite service therein following the employee's return from the leave of absence. Such agreement shall be accompanied by a statement of assets showing, to the satisfaction of the Chancellor, the employee's capacity to indemnify the State of California against loss in the event that the employee fails, through fault of the employee, to fulfill the agreement.
(b) Compensation granted an employee on leave of absence under this article shall be paid during the leave of absence in the same manner as if the employee were not on leave of absence. The bond shall be exonerated if the failure of the employee to return and render the requisite service is not due to the fault of the employee.
(c) The Chancellor may, upon recommendation of the President, grant to an employee on leave of absence with pay under this article one leave of absence without pay, which shall not exceed one year, and which shall commence at any time following the completion of leave of absence with pay. In addition, the Chancellor may, upon recommendation of the President, grant to such employee a second leave of absence without pay which shall not exceed one year. Time spent on any leave of absence without pay granted pursuant to this subsection shall not be credited toward the service required by this section following a leave of absence with pay.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35). For prior history, see Register 67, No. 46.
2. Amendment of subsection (a) filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment filed 6-17-77; effective thirtieth day thereafter (Register 77, No. 25).
4. Amendment filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3).
5. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
Unless the employee agrees otherwise, at the expiration of a leave of absence granted pursuant to this Article, the employee shall be reinstated in the position held by the employee at the time of the granting of the leave of absence.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43007. Retirement and Continuity of Service.
Note • History
The time during which an employee is on leave of absence with pay pursuant to this Article shall be credited toward retirement in accordance with Education Code Section 89514, and toward any merit salary increases the employee would have received had he not taken the leave of absence. The period of any leave of absence granted under this article shall not be construed as a break in the continuity of service required toward retirement, or toward any salary adjustment.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89514, Education Code.
HISTORY
1. New section filed 2-7-62; effective thirtieth day thereafter (Register 62,No. 3).
2. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment filed 6-17-77; effective thirtieth day thereafter (Register 77, No. 25).
4. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
For each academic employee granted a leave of absence pursuant to Section 43000 there shall be employed a full-time replacement or the equivalent part-time replacements unless the workload is such that the duties of the position vacated can be absorbed wholly or in part by existing staff. Employment of a replacement may be as a lecturer or as a regular academic appointment. The nature of such appointment will be determined by the president in light of whether or not it appears that there will be a continuing need for the services of the individual serving as the replacement.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. New section filed 2-7-62; effective thirtieth day thereafter (Register 62,No. 3).
2. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 5.1. Special Leaves for Research or Creative Activity
Note • History
Within the limitation of funds appropriated therefor, the Chancellor may grant or may authorize any president to grant special leaves for research or creative activity for qualified employees at the campus, as authorized by this Article.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. New Article 5.1 (Sections 43050 through 43053) filed 11-10-66; effective thirtieth day thereafter (Register 66, No. 32).
2. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43051. Eligibility, Terms and Further Procedures.
Note • History
The Chancellor may establish
(a) standards for eligibility for special leaves for research or creative activity,
(b) terms and conditions of such leaves, and
(c) procedures and guidelines for the effective implementation of this Article.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43052. Obligation to Teach Following Leave.
Note • History
Any academic employee who is granted and who takes a leave pursuant to this Article shall be obligated to teach in the California State University for the equivalent of two terms for each term of such leave, immediately following the conclusion of such leave, provided that the completion of such obligation shall be deferred during periods, following such leave, which, pursuant to the regulations of the Board of Trustees, are taken as vacation, sabbatical leave, or leave of absence without pay; and provided further, that this obligation shall be further deferred for any period during which the employee is a “person in military service” as that phrase is defined in the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, of the United States (50 App. U.S.C. Section 501, et seq.). This obligation shall be exonerated if the failure of the employee to complete such service following the conclusion of the leave, is caused by his or her death or physical or mental disability.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-7-67; effective thirtieth day thereafter (Register 67, No. 32).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43053. Benefits While on Leave.
Note • History
Except as provided in Section 43052, service by academic employees while on leave pursuant to this Article shall be considered full-time service at the California State University for all purposes.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 5.9. Military Leave
Note • History
a. Any campus or administrative office employee who takes a leave of absence to enter military service shall submit the documents and follow the procedures required by the law governing military leaves. All documents required to effect such a leave for a campus employee shall be submitted by the employee to the campus president or designee for approval. Administrative office employees shall submit the documents to the Chancellor or designee for approval.
b. An employee is entitled to paid active duty military leave as prescribed by state and federal law. When approved by the Chancellor, an employee on active duty military leave extending beyond the paid entitlement shall receive the difference in pay between military pay and California State University pay for up to an amount of time specified by the Chancellor. The CSU difference in pay acts as a salary supplement to military pay. The limit specified by the Chancellor is in addition to any paid active duty military leave under existing law. If an employee does not return to CSU service within the required time of being released from active duty, the CSU difference in pay salary supplemental shall be treated as a loan that must be repaid to the CSU with interest.
Employees on a difference in pay salary supplement continue to receive CSU provided health, dental, and vision benefits at the level current with the leave for the period of time specified by the Chancellor.
NOTE
Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89513, Education Code; and Sections 395 et seq., Military and Veterans Code.
HISTORY
1. New article 5.9 (section 43095) and section filed 2-8-2002; operative 2-8-2002. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2002, No. 16).
Article 6. Leaves of Absence Other Than Leaves of Absence with Pay
§43100. Leave of Absence Without Pay.
Note • History
An application for a leave of absence without pay shall be submitted by the applicant to the campus president. The campus president may approve such leaves for periods not to exceed a total of two years. A request for an extension of a leave of absence without pay beyond a total of two years may be approved by the campus president for a period of up to one additional year for each request. The number of extensions granted to any one applicant shall be within the discretion of the president. In the case of the staff of the administrative office, the application shall be submitted to the Chancellor for action. This section is not applicable to leaves of absence without pay following a sabbatical leave, pursuant to Subdivision (c) of Section 43005.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Sections 89510, 89512, and 89514, Education Code.
HISTORY
1. Amendment filed 11-13-67; effective thirtieth day thereafter (Register 67, No. 46).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
5. Amendment filed 9-5-95; operative 10-5-95 (Register 95, No. 36).
Note • History
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89513, Education Code.
HISTORY
1. Amendment filed 10-11-68; effective thirtieth day thereafter (Register 68, No. 38).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
4. Repealer filed 2-8-2002; operative 2-8-2002. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2002, No. 16).
§43102. Salary Increase Following Leave of Absence Without Pay.
Note • History
The salary of an employee who takes a leave of absence without pay may be increased one step at the conclusion of the leave, if the following provisions are satisfied:
(a) The employee was not at the highest step of the salary range for his or her rank at the time the employee began the leave;
(b) The step increase would not result in establishing the employee's salary at a level higher than it would have been if the employee had continued at the campus without such leave and had been accorded a merit salary increase based on the employee's performance;
(c) The step increase becomes effective on the employee's regular anniversary date next following the employee's return to service;
(d) The leave was for the purpose of teaching, research, or other assignment, which is determined by the campus president in the case of an employee of a campus or by the Chancellor in the case of an employee of the Office of the Chancellor, to have been of a nature valuable to the California State University;
(e) In the case of an academic employee of a campus, the campus president shall consult with the faculty of the campus with respect to the salary step increase.
(f) This section shall not apply to a Management Personnel Plan employee.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendments filed 3-16-70; effective thirtieth day thereafter (Register 70, No. 12).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
5. New subsection (f) filed 10-10-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 41).
Article 6.3. Reduced Worktime Program for All Employees Other Than Academic Teaching Employees
§43130. Purpose and Definitions.
Note • History
It is the purpose of the Board of Trustees in adopting this Article to implement Government Code Section 19996.20 et seq. and Education Code Section 89557 to provide a voluntary reduced worktime program, to the extent feasible, for full-time employees of the California State University serving in positions in the non-academic, administrative and academic closely related job categories, employees serving in academic-administrative assignments, and Management Personnel Plan employees. “Reduced worktime” means working less than full time and taking a pro rata reduction in salary and benefits. Options available to employees subject to this Article include fewer hours of work per day or fewer days of work per year. These and other variations will be made available to full-time employees on a voluntary basis, where feasible.
Permanent full-time employees will derive the primary benefit from participation in this program since only permanent full-time employees retain permanent status when reducing their time base to less than full time. Full-time probationary employees choosing to reduce their time base to less than full time are, upon the reduction, temporary employees and lose the opportunity to gain credit toward permanent status.
As used in this Article, “President” means president or designee of a University or College with regard to employees of a State University or College or the Chancellor or designee with regard to employees of the headquarters office.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. New Article 6.3 (Sections 43130-43139) filed 12-10-81; effective thirtieth day thereafter (Register 81, No. 50).
2. Amendments filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
3. Amendment filed 10-10-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 41).
Note • History
All full-time employees of the California State University, except peace officers, may request and be considered for participation in the reduced worktime program authorized by this Article.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
An employee who has been authorized to participate in the reduced worktime program shall receive the pro rata share of salary and benefits which were available to the employee while serving a full-time position, except those benefits provided under the Public Employees' Retirement Act and under the Public Employees' Medical and Health Care Act. The pro rata share of salary and benefits shall be equal to the full-time salary and full-time level of benefits multiplied by the proportion that the reduced worktime bears to full-time employment. Benefits provided under the Public Employees' Retirement Law and the Public Employees' Medical and Health Care Act shall be provided as authorized in the Law and the Act.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43133. Request for Participation.
Note • History
Each President shall develop procedures for requesting participation in the reduced worktime program which include, as a minimum, the following:
(a) The employee shall submit a request for participation in the reduced worktime program to the President in writing by the established deadline;
(b) Once the President has received a timely request for participation, the President shall issue to the employee general written information concerning the effect of participation on employment status, compensation and benefits, including health and retirement benefits;
(c) If the President approves the request for participation, the employee shall be notified in writing with a statement of the anticipated effect on the employee's status and pay and with any other pertinent information regarding program participation. The employee shall sign and return to the President a copy of the notification as evidence that he or she has received it and has read and understands the effect of participation;
(d) If the request for participation is denied, the President shall notify the employee in writing of the reason for denial.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter ((Register 82, No. 39).
§43134. Condition of Participation.
Note • History
Participation in the reduced worktime program authorized by this Article shall be approved if the President determines that the reduction in time base is feasible in terms of the overall management and operation of services and programs.
(a) In determining whether participation is feasible, the President shall consider such factors as the following:
(1) Participation should not adversely affect provision of service to students or the public or create an unacceptable decline in the timeliness or quality of service rendered;
(2) Participation should not remove unique expertise or specialized skill needed to provide a service on a continuing basis during normal working hours;
(3) Participation should not reduce the effectiveness of a multipart workflow process by reducing or shifting an integral part of that process performed by the employee;
(4) The cost of granting reduced worktime should not involve significant expenditures such as the purchase of additional equipment, acquisition of more office space or renovation of existing space to accommodate more personnel, or other costs which could not be considered incidental or routine;
(5) The granting of reduced worktime where the flow of work is heavy or constant should not adversely affect the unit's ability to regularly produce the work in a timely manner;
(6) The granting of reduced worktime should not accentuate existing recruitment difficulties in a work unit, and, therefore, have an adverse effect on the ability of the unit to effectively accomplish its work;
(7) The granting of reduced worktime should not result in a threat to health, safety, or property;
(8) The granting of reduced worktime should not adversely affect provision of office or departmental coverage or other services during assigned hours of operation.
(b) Generally, participation will be less feasible for employees who are in positions included in the Management Personnel Plan.
(c) If requests for reduced worktime exceed the number that can be granted within these provisions, employees may be selected based on program need.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment of subsection (b) filed 10-10-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 41).
§43134.1. Minimum Time for Participation.
Note • History
Normally, reduced worktime shall be implemented for a minimum of six pay periods and shall begin on the first day of a pay period. Under special circumstances, the President may permit an employee to participate for less than six pay periods. Refusal by the President to grant participation for less than six pay periods shall not be grievable by the employee.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Cod. Reference: Section 89500, Education Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43135. Right to Grieve if Coerced or Unreasonably Denied Participation.
Note • History
Any employee who has had worktime reduced against his or her will, contrary to the intent of this Article, or who has been unreasonably denied the right to participate in this program may file a grievance pursuant to the established employee grievance procedures. Management Personnel Plan employees may appeal any such adverse action in accordance with Section 42728 of this Subchapter.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment filed 10-10-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 41).
§43136. Effect of Participation on Seniority.
Note • History
Employees who reduce their worktime shall be subject to the same provisions governing layoff as before their reduction in time base. Seniority credits for part-time service after reduction in time base of a permanent employee shall be earned in the proportion that the part-time service bears to full-time employment.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43137. Return to Full-Time Work--Employee Request.
Note • History
Permanent employees participating in the reduced worktime program shall be given first priority to return to full-time employment in the same class upon the written request of the employee to the extent that the President determines that full-time work is available. Employees who refuse an offer of full-time work in their class after requesting to return to full-time work shall have waived their right to return to full-time employment. Temporary and probationary employees who reduce their time base shall not be given priority status nor have a right to return to full-time status.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43137.1. Return to Full-Time Work--Campus Request.
Note • History
Permanent employees participating in the reduced worktime program shall return to full-time employment in the same class at the request of the President if the President decides that it is no longer feasible, as determined in this Article, to continue a position on a reduced worktime basis. The campus shall notify the employee in writing at least 30 days prior to the date the employee is to report to work full time, except that in circumstances which could not be reasonably foreseen, the employee may be required to work full time without prior notice for the duration of the special circumstances.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43138. When Budget Reductions Are Contemplated.
Note • History
If a budget reduction of 1% or more of full-time equivalent positions is contemplated within the California State University by the Board of Trustees or their designees, voluntary participation in this reduced worktime program shall be solicited and encouraged by the President, to the extent that it is feasible, to attempt to preserve employment opportunities through a redistribution of workload. The purpose of this provision is to minimize the necessity for layoffs or other dislocations of careers. This section shall terminate on June 30, 1982 unless the statutory authority therefor is continued beyond that date.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
The Chancellor or designee is authorized to issue such orders and take such other action as may be necessary or appropriate to implement the provisions of this Article.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 6.4. Reduced Worktime Program for Academic Teaching Employees
§43140. Purpose and Definitions.
Note • History
It is the purpose of the Board of Trustees in adopting this Article to implement Government Code Section 19996.20 et seq. and Education Code Section 89557 to provide a voluntary reduced worktime program, to the extent feasible, for full-time academic teaching employees of the California State University. “Reduced worktime” means working less than full time and taking a pro rata reduction in salary and benefits. Options available to teaching faculty in a reduced worktime program include:
(a) reducing the employee's time base;
(b) reducing the number of terms taught; or
(c) a combination of (a) and (b).
Tenured full-time employees will derive the primary benefit from participation in this program since only tenured full-time employees retain tenure status when reducing their time base to less than full time. Full-time probationary employees choosing to reduce their time base to less than full time are upon the reduction, temporary employees and lose the opportunity to gain credit toward tenure.
As used in this Article, “President” means president or designee of a California State University or College with regard to employees of a State University or College.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. New Article 6.4 (Sections 43140-43149) filed 12-10-81; effective thirtieth day thereafter (Register 81, No. 50).
2. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
3. Amendment filed 10-10-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 41).
Note • History
All full-time academic teaching employees of the California State University may request and be considered for participation in the reduced worktime program authorized by this Article.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
An employee who has been authorized to participate in the reduced worktime program shall receive the pro rata share of salary and benefits which were available to the employee while serving in a full-time position, except those benefits provided under the Public Employees' Retirement Act and under the Public Employees' Medical and Health Care Act. The pro rata share of salary and benefits shall be equal to the full-time salary and full-time level of benefits multiplied by the proportion that the reduced worktime bears to full-time employment. Benefits provided under the Public Employees' Retirement Law and the Public Employees' Medical and Health Care Act shall be provided as authorized in the Law and the Act.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code.Reference: Section 89500, Education Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43143. Request for Participation.
Note • History
Each President, following the campus' consultative process, shall develop procedures for requesting participation in the reduced worktime program which include, as a minimum, the following:
(a) The employee shall submit a request for participation in the reduced worktime program to the President in writing by the established deadline;
(b) Once the President has received a timely request for participation, the President shall issue to the employee general written information concerning the effect of participation on employment status, compensation and benefits, including health and retirement benefits;
(c) If the President approves the request for participation, the employee shall be notified in writing with a statement of the anticipated effect on the employee's status and pay and with any other pertinent information regarding program participation. The employee shall sign and return to the President a copy of the notification as evidence that he or she has received it and has read and understands the effect of participation;
(d) If the request for participation is denied, the President shall notify the employee in writing of the reason for denial.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43144. Condition of Participation.
Note • History
Participation in the reduced worktime program authorized by this Article shall be approved if the President determines that the reduction in time base is feasible in terms of the academic program of the institution. In determining whether participation is feasible, the President shall consider such factors as the following:
(a) The reduced workload should not adversely affect the curricular offerings of the department or the institution;
(b) The reduced workload should not adversely affect the rate of progress of students through the major in the department or the offering of service courses by the department;
(c) The reduced workload should not adversely affect other functions of the department or the institution.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43144.1. Minimum Time for Participation.
Note • History
Normally, reduced worktime shall be implemented for a minimum of one academic year with participation commencing at the beginning of the academic year. Under special circumstances, the President may grant participation for less than one academic year or approve commencement of participation at the beginning of any academic term within the academic year. Refusal by the President to grant participation for less than an academic year or allow participation to commence within the academic year shall not be grievable by the employee.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43145. Right to Grieve if Coerced or Unreasonably Denied Participation.
Note • History
Any employee who has had worktime reduced against his or her will, contrary to the intent of this Article, or who has been unreasonably denied the right to participate in the worktime reduction program may file a grievance pursuant to the established employee grievance procedures.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43146. Effect of Participation on Seniority.
Note • History
Employees who reduce their worktime shall be subject to the same provisions governing layoff as before their reduction in time base. Seniority credits for part-time service after reduction in time base of a permanent employee shall be earned in the proportion that the part-time service bears to full-time employment.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43147. Return to Full-Time Work--Employee Request.
Note • History
Employees participating in the reduced worktime program shall be given first priority to return to full-time employment upon the written request of the employee to the extent that the President determines that full-time work is available. Employees who refuse an offer of full-time work in their assigned teaching service area after requesting to return to full-time work shall have waived their right to return to full-time employment. Temporary and probationary employees who reduce their time base shall not be given priority status nor have a right to return to full-time status.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43147.1. Return to Full-Time Work--Campus Request.
Note • History
Tenured employees participating in the reduced worktime program shall return to full-time employment at the request of the President if the President decides that it is no longer feasible, as determined in this Article, to continue a position on a reduced worktime basis. The President shall notify the employee in writing no later than the end of the sixth week of the last academic term worked.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43148. When Budget Reductions Are Contemplated.
Note • History
If a budget reduction of 1% or more of full-time equivalent positions is contemplated within the California State University and Colleges by the Board of Trustees or their designees, voluntary participation in this reduced worktime program shall be solicited and encouraged by the President, to the extent that it is feasible, to attempt to preserve employment opportunities through a redistribution of workload. The purpose of this provision is to minimize the necessity for layoffs or other dislocations of careers. This section shall terminate on June 30, 1982 unless the statutory authority therefor is continued beyond that date.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
The Chancellor or designee is authorized to issue such orders and take such other action as may be necessary or appropriate to implement the provisions of this Article.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth da thereafter (Register 82, No. 39).
Article 6.5. Preretirement Reduction in Time Base
Note • History
It is the purpose of the Board of Trustees in adopting this Article to implement the authority of the Board in Education Code Section 89516 to provide certain academic teaching employees, librarians, counselors and student affairs officers the opportunity to request the campus President or designee to reduce their workload while maintaining full retirement or other benefits for which payment by the employee and employer is made as a transition to retirement status as authorized by the law. Although the Board of Trustees does not necessarily recommend participation in this program to all employees, the Board does recognize that there may be advantages in individual cases of making a phased transition to retirement while maintaining full-time service credit.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89516, Education Code.
HISTORY
1. New Article 6.5 (Sections 43150-43155) filed 6-18-75; effective thirtieth day thereafter (Register 75, No. 25).
2. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment filed 2-28-79; effective thirtieth day thereafter (Register 79, No. 9).
4. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
Only full-time academic teaching employees, librarians, counselors and student affairs officers who satisfy each of the following conditions may be considered for participation in the workload reduction program authorized by this Article:
(a) The employee shall be at least 55 years of age but not more than 66 years of age on the effective date of the reduction in workload; if the employee is a member of the Public Employees Retirement System; or at least 55 years of age but not more than 64 years of age on the effective date of the reduction in workload, if the employee is a member of the State Teachers Retirement System; and
(b) The employee shall have been employed full time as an academic employee, librarian, counselor or student affairs officer of the California State University for at least ten years, of which the five years immediately preceding the effective date of the reduction in workload were years of full-time employment; and
(c) The employee shall receive no higher salary than the maximum paid to a department chairman.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89516, Education Code.
HISTORY
1. Amendment filed 2-28-79; effective thirtieth day thereafter (Register 79, No. 9).
2. Amendments filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43152. Request for Participation.
Note • History
An eligible employee may request participation in the workload reduction program by submitting to the campus President or designee a request in writing no later than six months prior to the effective date of the reduction in workload unless such time period is waived by the President or designee. The President or designee may grant the request if it appears that the employee's participation in the program will be in the best interests of the employee and the campus.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89516, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43153. Condition of Participation.
Note • History
Participation in the workload reduction program authorized by this Article shall be subject to the following conditions:
(a) The time base of an employee who has been approved for participation shall be reduced from full time to:
(1) two-thirds of full time or such percentage as shall average two-thirds of full time during each year of the employee's participation in the workload reduction program; or
(2) one half of full time or such percentage as shall average one half of full time during each year of the employee's participation in the workload reduction program; or
(3) one third of full time or such percentage as shall average one third of full time during each year of the employee's participation in the workload reduction program.
(b) The employee shall fulfill over the course of each year of participation in the program the appropriate pro rata share of his or her employment obligations and service contributions, including teaching, advisement, committee service, or other assignments which would have been required had the employee continued on a full-time basis.
(c) Once an employee is authorized to reduce full-time employment to a percentage specified in subdivision (a), the employee may not revoke such reduced employment and return to full-time employment or any fraction thereof without the approval of the campus President or designee.
(d) The maximum period of service at the reduced time base shall not exceed five years and
(1) for employees who are members of the Public Employees' Retirement System, such reduced employment shall not extend beyond the 67th birthday of the employee; or
(2) for employees who are members of the State Teachers' Retirement System, such reduced employment shall not extend beyond the 65th birthday of the employee.
(e) At the conclusion of an employee's maximum period of reduced service, the employee shall normally retire. An employee who does not retire following such period of service shall not return to full-time employment but may continue at the reduced level of employment outside of the workload reduction program authorized in this Article. Benefits accruing from such continued service shall be the same as the benefits which accrue to other part-time employees outside of the program.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89516, Education Code.
HISTORY
1. Amendment filed 8-12-77; effective thirtieth day thereafter (Register 77, No. 33).
2. Amendment filed 2-28-79; effective thirtieth day thereafter (Register 79, No. 9).
3. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
An employee who has been authorized to participate in the workload reduction program shall receive over the course of each year of participation in the program the appropriate pro rata share of the salary which the employee would have received if continued on a full-time basis but shall retain as though employed on a full-time basis all retirement, health, and other benefits for which the employee and employer make the payments that would be required if the employee remained in full-time employment.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89516, Education Code.
HISTORY
1. Amendment filed 8-12-77; effective thirtieth day thereafter (Register 77, No. 33).
2. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
The Chancellor or designee is authorized to issue such orders and take such other action as may be necessary or appropriate to implement the policy and provisions of this Article.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89516, Education Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 6.7. Faculty Early Retirement Program
Note • History
It is the purpose of the Board of Trustees in adopting this Article to provide qualifying tenured faculty the option of part-time service after early retirement, as authorized by applicable statutory provisions, Government Code Section 21155 for members of the Public Employees' Retirement System and Education Code Section 23918 for the members of the State Teachers' Retirement System. Faculty retirants under both systems, with certain exceptions and limitations, may serve in teaching positions with the California State University without reinstatement from retirement or any loss or interruption of retirement benefits. The Board of Trustees does not necessarily recommend such early retirement and subsequent part-time service to all employees. The faculty member is to base his or her election to participate in the program on an individual evaluation of the program's application and merits.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 23918, Education Code; and Section 21155, Government Code.
HISTORY
1. New Article 6.7 (Sections 43170-43174) filed 8-12-77; effective thirtieth day thereafter (Register 77, No. 33).
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
In addition to satisfying the requirements in either Government Code Section 21155 or Education Code Section 23918, a faculty member who wishes to participate in the Faculty Early Retirement Program must
(a) be a tenured member of the faculty;
(b) file his or her election to participate in the early retirement program; and
(c) apply for and be granted service retirement.
NOTE
Authority cited: Sections 66600, 89030, 89035, and 89500, Education Code. Reference: Section 23918, Education Code; and Section 21155, Government Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43172. Election to Participate.
Note • History
A tenured faculty member who is eligible to retire and elects to participate in the Faculty Early Retirement Program shall file his or her election in writing with the campus president or president's designee no later than six months prior to the beginning of the faculty member's academic year which would otherwise next follow the effective date of his or her service retirement. The president or the president's designee may waive all or a portion of this time period.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 23918, Education Code; and Section 21155, Government Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43173. Conditions of Participation, Salary and Benefits.
Note • History
Participation in the Faculty Early Retirement Program shall be subject to the following conditions:
(a) Within the limitation set forth in the applicable retirement law for such post-retirement service, retirant shall have the right to continued employment for one term each academic year at the rank held at the time of retirement, unless the employee elects otherwise, until attaining mandatory retirement age or until the conclusion of the academic year in which he or she attains mandatory retirement age. As used in this Article, “mandatory retirement age” means the mandatory retirement age as provided in Government Code Section 20981. Retirant's right to continued employment shall terminate at an earlier date in the event of dismissal for cause, layoff, or failure to meet the employment commitment. For purposes of layoff affecting a retirant's teaching service area, the order for layoff shall be in the inverse order of the retirant's total length of service at the campus, including service before and after retirement.
(b) Retirants shall serve during the term of employment determined by the campus.
(c) Retirant's time base for service under this Article shall be the same as his or her time base during the academic year immediately prior to retirement.
(d) During his or her term of service, a retirant serving full time under this Article shall fulfill his or her employment obligation and service contributions, including teaching, advisement, committee service, and other instructionally related assignments which would be required if such person had not retired, provided that such obligations, contributions, and assignments shall not extend beyond the conclusion of the term of service under this Article. For purposes of such obligations, contributions, and assignments, a retirant shall be deemed a tenured member of the faculty.
(e) With the consent of the campus president, a participant in this program may be granted leave without pay for one or more terms in which he or she is scheduled to teach. After electing to participate in this program, a retirant shall be entitled to one leave of absence without pay for a term in which he or she is scheduled to teach if such leave is needed because of the participant's personal illness. No compensated leave of any kind, other than sick leave, shall be allowed participants in this program. The balance of accrued sick leave time of members of Public Employees' Retirement System and State Teachers' Retirement System is converted to service credit at the time of retirement and is therefore not available for use by retirants serving in this program. Retirants serving in the early retirement program shall accrue sick leave benefits in the same manner and subject to the same regulations as other employees of the California State University.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 23918, Education Code; and Section 21155, Government Code.
HISTORY
1. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
The Chancellor or designee is authorized to issue such orders and take such other action as may be necessary or appropriate to implement the policy and provisions of this Article.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 21918, Education Code; and Section 21155 Government Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 6.8. Furloughs of Non-Represented Employees
Note • History
(a) The following terms are defined for this Article:
(1) “Furlough” means mandatory, temporary unpaid time off work. No earned accrued leave or any other compensated time may be used for any portion of a furlough.
(2) “Financial crisis” means an event(s), occurrence(s) or state of affairs creating an imminent and substantial deficiency in California State University financial resources that severely impacts the California State University's ability to sustain ongoing operations or to fulfill its mission.
(b) Upon a finding by the Chancellor of a natural disaster, epidemic or other major debilitating event that significantly impacts the operations of the California State University, or a financial crisis as defined in this Article, either systemwide or on one or more campuses, the Chancellor may implement furloughs for non-represented, Management Personnel Plan and Executive employees. The Chancellor may suspend any Title 5 regulation(s) and/or any California State University policy(ies) encompassing work hours and/or wages which he or she deems necessary to effectuate this provision. The Chancellor will determine the period of time furloughs will remain in effect.
NOTE
Authority cited: Sections 89030 and 89500, Education Code. Reference: Sections 89030 and 89500, Education Code.
HISTORY
1. New article 6.8 (sections 43200) and section filed 7-21-2009; operative 7-21-2009. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2009, No. 30).
Article 6.9. Reductions in Pay for Non-Represented Employees
Note • History
(a) The following terms are defined for this Article:
(1) “Reduction in pay” means a reduction in base pay.
(2) “Financial crisis” means an event(s), occurrence(s) or state of affairs creating an imminent and substantial deficiency in California State University financial resources that severely impacts the California State University's ability to sustain ongoing operations or to fulfill its mission.
(b) Upon a finding by the Chancellor of a natural disaster, epidemic or other major debilitating event that significantly impacts the operations of the California State University, or a financial crisis as defined in this Article, either systemwide or on one or more campuses, the Chancellor may implement reductions in pay for non-represented, Management Personnel Plan and Executive employees. The Chancellor may suspend any Title 5 regulation(s) and/or any California State University policy(ies) encompassing work hours and/or wages which he or she deems necessary to effectuate this provision. The Chancellor will determine the period of time reductions in pay will remain in effect.
(c) Nothing in this section limits or restricts the Chancellor's, or any President's, ability to reduce pay as authorized or permitted elsewhere in this Subchapter 7, or in any California State University policy.
NOTE
Authority cited: Sections 89030 and 89500, Education Code. Reference: Sections 89030 and 89500, Education Code.
HISTORY
1. New article 6.9 (sections 43220) and section filed 7-21-2009; operative 7-21-2009. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2009, No. 30).
Article 7. Separation of Employees from Service for Lack of Funds or Lack of Work [Repealed]
NOTE
Authority cited for Article 7 (Sections 43200-43206): Sections 66609, 89030 and 89500, Education Code.
HISTORY
1. Repealer of Article 7 (Sections 43200-43206) filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Registers 75, No. 52; 72, No. 35; and 62, No. 3.
Article 8. Termination of Employment of Probationary Employees
§43300. Probationary Employee Defined.
Note • History
For the purposes of this article a probationary employee is an employee who has been appointed in accordance with the provisions of Education Code Section 89531 or 66609 and who has not completed the probationary period of employment.
NOTE
Authority cited: Sections 66600, 89030, 89035, 89500 and 89534, Education Code. Reference: Sections 66609, 89530, 89531 and 89533, Education Code.
HISTORY
1. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
2. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43301. Probationary Nonacademic Employees.
Note • History
Any probationary nonacademic employee may be separated from service at any time upon written notice of rejection to the employee signed by the appointing power. The employee shall be given written notice of rejection for permanent status, which notice should be given not less than 30 days prior to the date the employee's probationary period ceases. The notice shall be mailed by registered mail, with return receipt requested, to the employee at his or her last known address or it may be delivered to the employee who shall acknowledge receipt of the notice in writing. If the notice is delivered to the employee and the employee refuses to acknowledge receipt thereof, the person delivering the notice shall make and file with the appointing power an affidavit of service thereof.
NOTE
Authority cited: Sections 66600, 89030, 89035, 89500 and 89534, Education Code. Reference: Sections 66609, 89530, 89531 and 89533, Education Code.
HISTORY
1. Amendment filed 12-13-71; effective thirtieth day thereafter (Register 71, No. 51).
2. Refiled 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43302. Probationary Administrative Employees.
Note • History
Probationary employees of the Chancellor's Office may be rejected during probationary period, as specified in this Article 8 except that the Chancellor shall act instead of a campus president.
NOTE
Authority cited: Sections 66600, 89030, 89035, 89500 and 89534, Education Code. Reference: Sections 66609, 89530, 89531 and 89533, Education Code.
HISTORY
1. Renumbering of Section 43303 to 43302 by amendment filed 8-5-66; effective thirtieth day thereafter (Register 66, No. 25).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 8.1. Employees Performance Appraisal Requirements
Note • History
It is the policy of The California State University to require periodic performance appraisals for each permanent, probationary, or Management Personnel Plan employee.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. New Article 8.1 (Sections 43350-43353) filed 2-13-74; effective thirtieth day thereafter (Register 74, No. 7).
2. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment filed 7-11-80; effective thirtieth day thereafter (Register 80, No. 28).
4. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
5. Amendment filed 10-10-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 41).
Note • History
Procedures shall be established for periodic performance appraisals of permanent or probationary employees consonant with the policies of the Board of Trustees and the Chancellor. Procedures for performance appraisals of Management Personnel Plan employees shall be consonant with Section 42722 of this Subchapter.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 7-11-80; effective thirtieth day thereafter (Register 80, No. 28).
2. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
3. Amendment filed 10-10-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 41).
§43352. Part-Time Nonacademic Employees. [Repealed]
Note • History
NOTE
Authority cited: Sections 66600, 66606, 89030 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Repealer filed 7-11-80; effective thirtieth day thereafter (Register 80, No. 28).
§43353. Excluded Employees. [Repealed]
Note • History
NOTE
Authority cited: Sections 66600, 66606, 89030 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Repealer filed 7-11-80; effective thirtieth day thereafter (Register 80, No. 28).
Article 9. Change in Employment Status of Disabled Employees
§43400. Disabled Employees Eligible for Disability Retirement.
Note • History
An employee who is a member of the Public Employees' Retirement System, who is credited with at least five years of state service, and who is believed by the appointing power to be disabled, may not be dismissed because of disability unless the employee:
(a) Waives the right to retire for disability; and
(b) Either:
(1) Elects to withdraw retirement contributions; or
(2) Elects to permit retirement contributions to remain in the retirement fund with rights to service retirement as provided in Government Code Section 20393.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 20393, Government Code.
HISTORY
1. New Article 9 (Sections 43400-43410) filed 12-13-71; effective thirtieth day thereafter (Register 71, No. 51). For former history of Article 9 see Register 71, Nos. 1 and 46.
2. Amendment filed 9-0-82; effective thirtieth day thereafter (Register 82, No. 39).
§43401. Application for Disability Retirement by an Employee.
Note • History
Pursuant to Government Code Section 21023, an employee who is a member of the Public Employees' Retirement System and who is credited with at least five years of state service may make application for disability retirement to the Public Employees' Retirement System.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 20393, Government Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43402. Application for Disability Retirement by the Appointing Power.
Note • History
The appointing power shall apply for disability retirement on behalf of an employee as to whom Section 43400 operates to prevent dismissal because of disability.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 20393, Government Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43403. Dismissal, Demotion and Reassignment.
Note • History
A permanent, probationary, or Management Personnel Plan employee who is believed by the appointing power to be disabled, and as to whom Section 43400 does not operate to prevent dismissal, may be dismissed because of such disability, and any permanent, probationary, or Management Personnel Plan employee who is believed by the appointing power to be disabled may be demoted or reassigned because of such disability, only if, prior to such dismissal, demotion or reassignment:
(a) The appointing power first requests a medical examination as provided in Section 43404; or
(b) The employee submits a medical report as provided in Section 43405.
Recommendations for dismissal or demotion under this section shall be made by the campus president to the Chancellor.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code; and Section 20393, Government Code.
HISTORY
1. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment filed 10-10-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 41).
Note • History
Any permanent, probationary, or Management Personnel Plan employee may be required to submit to medical examination by a physician or physicians designated by the appointing power to evaluate whether or not the employee is disabled from performing the duties of the position. Fees for the examination shall be paid by the appointing power.
The examining physician shall make a written report of the examination to the appointing power. A copy of the report shall be provided to the employee.
The employee may submit medical reports or other pertinent information to the examining physician or to the appointing power.
Failure or refusal of the employee to submit to a medical examination required by the appointing power shall constitute a failure or refusal to perform the normal and reasonable duties of the position. In such event, the absence of an examination shall not prevent the appointing power from submitting an application for disability retirement of the employee, or from commencing disciplinary action pursuant to law.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code; and Section 20393, Government Code.
HISTORY
1. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment filed 10-10-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 41).
§43405. Medical Report Submitted by the Employee.
Note • History
In lieu of or in addition to a medical examination as provided in Section 43404, the appointing power may rely upon a medical report from the employee's physician.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 20393, Government Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43406. Demotion and Reassignment.
Note • History
If the appointing power, after considering the conclusions of an examination by a physician and any other pertinent information, including any actions of the Public Employees' Retirement System on an application for disability retirement, concludes that a probationary, permanent, or Management Personnel Plan employee whom it believes to be mentally or physically disabled is unable to perform the duties of the employee's present position but is able to perform the duties of another position, either full time or part time, the appointing power may demote or reassign the employee to the other position. The employee may be demoted only with written consent or as otherwise provided by law.
An employee who is demoted or reassigned pursuant to this section, shall receive the maximum of the salary range of the class to which the employee is demoted or reassigned, provided that the salary is not greater than the salary the employee received at the time of demotion or reassignment.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code; and Section 20393, Government Code.
HISTORY
1. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment filed 10-10-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 41).
Note • History
Upon the request of an employee who is dismissed, demoted, or reassigned pursuant to Sections 43403 and 43406, such employee shall be reinstated to an appropriate vacant position in the same class, in a comparable class, or in a lower related class, if it is determined by the appointing power that the employee is no longer incapacitated for duty. If there is no vacant position to which the employee may appropriately be appointed, the name of the employee shall be placed upon those reemployment lists determined to be appropriate by the appointing power.
The appointing power may require the person requesting reinstatement to submit to a medical examination by a physician or physicians designated by the appointing power to evaluate the capacity of the employee to perform the duties of the vacant position. Fees for such examination shall be paid by the appointing power. An employee who fails or refuses to submit to such an examination may not be reinstated as provided in this section.
Employees reinstated pursuant to this section shall be required to serve a new probationary period except Management Personnel Plan employees.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code; and Section 20393, Government Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment filed 10-10-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 41).
§43408. Reinstatement from Retirement.
Note • History
A recipient of a disability retirement allowance who is reinstated from retirement by the Public Employees' Retirement System shall be entitled to reemployment as provided in Government Code Sections 21028 and 21029.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 20393, Government Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43409. Voluntary Change in Employment Status.
Note • History
Nothing contained in this article shall be construed to limit the authority of the appointing power with respect to reassignments, disciplinary actions, resignations or other changes in employment status to which the employee consents.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 20393, Government Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
Except as otherwise specifically provided in this article, nothing contained in this article shall be construed to prevent the dismissal, demotion, or suspension of an employee pursuant to law.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 20393, Government Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 9.5. Industrial Disability Leave Benefits and Nonindustrial Disability Insurance for Disabled Employees
§43420. Delegation of Authority.
Note • History
The Chancellor shall prescribe, and may from time to time revise, rules and procedures for the administration of industrial disability leave benefits in accordance with Chapter 3.5 (commencing with Section 18120) of Part 1 of Division 5 of Title 2 of the Government Code and nonindustrial disability insurance in accordance with Chapter 3.6 (commencing with Section 18135) of Part 1 of Division 5 of Title 2 of the Government Code.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Sections 18128 and 18142, Government Code. Reference: Section 89500, Education Code.
HISTORY
1. New Article 9.5 (Section 43420) filed 10-1-76; effective thirtieth day thereafter (Register 76, No. 40).
2. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 10. Reassignment of Administrative Employees
Note • History
Notice of the reassignment of an administrative employee pursuant to Section 66609 of the Education Code shall be in writing signed by the president of the campus, or the Chancellor in the case of the Chancellor's Office. Such notice shall be served on the employee and shall set forth a statement of the employee's right to answer within twenty (20) days and request a hearing on the questions of whether the required procedure was not followed, or of whether the position to which he or she is reassigned is not commensurate with his or her qualifications.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Sections 66609 and 89539, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 12-11-73; effective thirtieth day thereafter (Register 73, No. 50).
3. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
An administrative employee reassigned pursuant to Section 66609 of the Education Code may request a hearing by filing a request for such hearing, in writing, with the Chancellor within twenty days (20) of being served with the notice. The request may be on the grounds that the required procedure was not followed or that the position to which the employee is reassigned is not commensurate with his or her qualifications. An impartial hearing board or hearing officer, or both, shall be designated by the Chancellor, and shall hold a hearing and shall recommend to the Chancellor a decision affirming, modifying or revoking the action taken. The Trustees may review and determine the matter in the same manner as provided in Section 42702(1) (2). Except for such review by the Trustees, the decision of the Chancellor shall be final.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Sections 66609 and 89539, Education Code.
HISTORY
1. Amendment filed 12-11-73; effective thirtieth day thereafter (Register 73, No. 50).
2. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 11. Disciplinary Actions
Note • History
In the interest of economy and morale, appropriate effort should be made to resolve disciplinary situations directly with the employee.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Sections 89530, 89535-89540, and 89542.5, Education Code.
HISTORY
1. New Article 11 (Sections 43520 through 43525) filed 2-7-62; designated effective 7-1-62 (Register 62, No. 3).
2. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
Employees may be dismissed, demoted, or suspended for cause as provided in Article 2 of Chapter 5, Division 8, Part 55 (commencing with Section 89530) of the Education Code.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Sections 89530, 89535-89540 and 89542.5, Education Code.
HISTORY
1. Amendment filed 7-28-76; effective thirtieth day thereafter (Register 76, No. 31).
2. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
When there is strong and compelling evidence that the presence of an employee on his or her job might create serious problems, if such evidence were subsequently proven to be correct, a president or the Chancellor may temporarily suspend an employee pending investigation and/or the furnishing of formal notice of disciplinary action. Unless earlier terminated by the president or the Chancellor,as the case may be, such temporary suspension shall automatically terminate upon the furnishing of formal notice of disciplinary action, or unless extended as provided by this section 30 days after its commencement, whichever first occurs.
The date for such automatic termination of the period of temporary suspension, where no furnishing of formal notice of disciplinary action has occurred, may be extended upon the written statement of the employee addressed to the president or the Chancellor, as the case may be, requesting such extension.
Suspension under this section shall not prejudice the case of the employee or any rights he or she may be provided under this article.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Sections 89530, 89535-89540 and 89542.5, Education Code.
HISTORY
1. Amendment filed 7-28-76; effective thirtieth day thereafter (Register 76, No. 31).
2. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
Any willful misstatement or omission of material facts in an employee's application for employment or other employment document shall be construed as constituting fraud under Section 89535 of the Education Code.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Sections 89530, 89535-89540 and 89542.5, Education Code.
HISTORY
1. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
2. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
(a) Nonacademic and Administrative Employees of a Campus. Disciplinary actions affecting nonacademic and administrative employees of a campus shall be recommended by the president of that campus to the Chancellor.
(b) Academic Employees of a Campus. Disciplinary actions affecting academic employees of a campus shall be pursuant to procedures prescribed by Section 43525.
(c) Dismissal of Academic Employees with Tenure. Recommendations of a campus President for dismissal of an academic employee with tenure at that campus, shall be made to the Chancellor, and shall be reviewed and action taken pursuant to the procedures prescribed by Section 43525.
(d) Employees in the Office of the Chancellor. Dismissal and other disciplinary actions affecting any employee in the Office of the Chancellor, except vice chancellors, shall be carried out by the Chancellor.
(e) Definition. As used in this Section, “disciplinary action” means dismissal, demotion or suspension.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500 Education Code. Reference: Sections 89530, 89535-89540 and 89542.5, Education Code.
HISTORY
1. Amendment filed 6-4-71; effective thirtieth day thereafter (Register 71, No. 23).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment of subsections (b) and (c) filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43525. Disciplinary Action Procedures for Academic Personnel.
Note • History
The Chancellor shall prescribe, and may from time to time revise, Disciplinary Action Procedures for Academic Personnel of the California State University which meet the requirements of Education Code Section 89542.5. The Chancellor shall consult as appropriate with respect to such procedures. The Chancellor shall report to the Board on procedures issued or revised pursuant to this Section.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Sections 89530, 89535-89540 and 89542.5, Education Code.
HISTORY
1. Amendment filed 7-28-76; effective thirtieth day thereafter (Register 76, No. 31). For prior history, see Register 72, No. 35.
2. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43526. Disruption of Campus Activities.
Note • History
Notwithstanding any provision in this Subchapter 7 to the contrary, any employee of the California State University who, following appropriate procedures at the campus, is found to have disrupted or to have attempted to disrupt, by force or violence, any part of the instructional program of a campus, or any meeting, recruiting interview or other activity authorized to be held or conducted at the campus may, in the discretion of the President, be disciplined pursuant to Section 89535 of the Education Code.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Sections 89530, 89535-89540 and 89542.5, Education Code.
HISTORY
1. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 72, No. 35.
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 12. Reinstatement
§43550. Employees Leaving with Reinstatement Rights.
Note • History
The appointing power shall reinstate any employee, who meets all employment requirements and who left his or her classification with reinstatement rights as prescribed by law or by these rules, to a position in the classification which he or she left or the equivalent thereof. Such employees shall not lose any benefits or credit for prior service enjoyed at the time of separation.
NOTE
Authority cited: Sections 66606, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. New Article 12 (Sections 43550 and 43551) filed 2-7-62; designated effective 7-1-62 (Register 62, No. 3).
2. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
The appointing power may rehire any person who fulfills all employment requirements, who was previously employed at the campuses and who left in good standing. Such persons:
(a) shall acquire permanent status in the same manner as new employees.
(b) shall be credited with any unused sick leave at the time of previous separation as a regular employee as authorized by Section 19143 of the Government Code.
NOTE
Authority cited: Section 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code; and Section 19143, Government Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 13. Tenure Rights of Academic Employees
§43560. Probationary Period and Award of Tenure.
Note • History
Decisions with respect to the award or denial of tenure to a probationary academic employee as defined in Section 42700, subdivision (1), appointed pursuant to Article 2, Article 2.5, or both, shall be on the basis of full-time service in accordance with the procedures established pursuant to Section 42701 and pursuant to the following provisions:
(a) The normal pattern of awarding tenure, except as modified below, shall involve the assessment of a faculty member's performance over a period of four successive academic years, and for those not awarded tenure, a terminal year.
(b) The president may determine to award a fifth probationary year appointment. Should it be considered by the end of that year that more time is still necessary to evaluate the probationary academic employee for tenure purposes, the president may award a final sixth probationary year appointment. For those denied tenure following the final probationary year, a terminal year shall be awarded as provided in Subdivision (c) of Section 43561. A probationary academic employee shall not serve more than seven successive full-time years.
(c) If the academic employee transfers from an existing campus to a newly established campus under the provisions of Education Code Section 89545, the employee shall be accorded such tenure rights at the newly established campus as the employee had acquired at the existing campus.
(d) If a tenured academic employee transfers from one campus to another campus and such transfer is not under the provisions of Education Code Section 89545, the employee may be appointed with tenure or with such credit towards tenure as the president of the campus to which the employee transfers shall determine.
(e) If a probationary academic employee transfers from one campus to another campus, and such transfer is not under the provisions of Education Code Section 89545, the employee may be appointed with such credit toward tenure as the president of the campus to which the employee transfers shall determine.
(f) If the academic employee is initially appointed to the rank of professor, the employee may be considered for tenure during his or her first academic year, and, not later than June 1 of the employee's second year, he or she shall be notified by the president or designee that the employee will either receive tenure or a terminal year.
(g) Notwithstanding any provision in this article to the contrary, the president in special circumstances may award tenure to any probationary academic employee earlier than the normal probationary period otherwise provided in this section, when, following an evaluation of the performance of the faculty member at the campus, the president finds that such early award of tenure is advantageous to the institution.
(h) Except as provided in subdivision (c), (d) and (g) of this Section, whenever tenure is awarded to an academic employee, the tenure shall be effective when the academic employee enters upon his or her duties at the same campus at the beginning of the academic year next succeeding the year during which tenure is awarded.
(i) If the academic employee is promoted to the rank of assistant professor during his or her probationary period, he or she shall be credited with consecutive probationary years already served at the campus at the rank of instructor.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. New section filed 7-27-71; effective thirtieth day thereafter (Register 71, No. 31). Former Section 43560 renumbered to 43560.1.
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43560.1. Academic Employees Whose Full-Time Service Began Prior to September 1, 1971.
Note • History
NOTE
Authority cited: Sections 66600, 66606, 66609, 89030, 89500 and 89545, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35). For prior history, see Register 71, No. 31.
2. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Repealer filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43560.2. Application of Section 43560 to Certain Employees.
History
HISTORY
1. New section filed 7-28-71; effective thirtieth day thereafter (Register 71, No. 31).
2. Repealer filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
§43560.5. Terminal Dates for Academic Year Employees Who Are Not Reappointed.
History
HISTORY
1. New Section filed 8-5-66; effective thirtieth day thereafter (Register 66, No. 25).
2. Repealer filed 7-28-71; effective thirtieth day thereafter (Register 71, No. 31).
§43561. Recommendations, Review and Notice Dates.
Note • History
Recommendations regarding reappointment, tenure and termination shall originate at the department or, where appropriate, at the division level. Such recommendations shall pass through appropriate levels to a final review committee which shall make recommendations to the president. The appropriate faculty shall participate fully at the various stages of the process. The president shall advise the academic employee of his or her decision with respect to reappointment, tenure, or termination in accordance with the dates specified in subdivisions (a) and (b) of this section (which dates are referred to as “notice dates”), and if an employee is not to be retained, the president shall advise the employee when the employee's services will terminate in accordance with subdivision (c) of this section.
(a) At campuses not on quarter system year-round operations, each probationary academic employee shall be notified of reappointment, tenure or termination as follows:
(1) In the first probationary academic year of full-time service the employee shall be notified not later than March 1 of that academic year that he or she is to be reappointed for a second academic year, is to receive tenure, or is to be terminated at the end of that college year.
(2) In the second probationary academic year of full-time service the employee shall be notified not later than December 15 of that academic year that he or she is to be terminated at the end of that college year or is to receive further evaluation and a notice regarding his or her third academic year by June 1 of that academic year.
(3) In the second year of full-time service, if the employee is subject to further evaluation and notice as provided in subdivision (a)(2) of this section, the employee shall be notified not later than June 1 of that academic year as to whether his or her subsequent academic year is an additional probationary year or a first year of tenure, or whether he or she is to be terminated at the end of the subsequent college year.
(4) In his third or subsequent academic years of full-time service the employee shall be notified not later than June 1 of each of those years as to whether his or her subsequent academic year is an additional probationary year or a first year of tenure, or whether he or she is to be terminated at the end of the subsequent college year.
(b) At campuses on quarter system year-round operations, each probationary academic employee shall be notified of reappointment, tenure or termination, as follows:
(1) In the first year of full-time service, if the employee's period of four consecutive quarters began with the summer or fall quarter, the employee shall be notified not later than March 1 of that academic year, that he or she is to be reappointed to a second academic year, is to receive tenure, or is to be terminated at the end of that college year.
(2) In the first year of full-time service, if the employee's period of four consecutive quarters began with the winter or spring quarter, the employee shall be notified not later than September 1 of that academic year, that he or she is to be reappointed to a second academic year, is to receive tenure, or is to be terminated at the end of that college year.
(3) In the second year of full-time service, if the employee's period of four consecutive quarters began with the summer or fall quarter, the employee shall be notified not later than December 15 of that academic year, that he or she is to be terminated at the end of that college year or is to receive further evaluation and notice regarding a third academic year, by June 1 of that academic year.
(4) In the second year of full-time service, if the employee is subject to further evaluation and notice as provided in subdivision (b)(3) of this section, the employee shall be notified not later than June 1 of that academic year as to whether the subsequent academic year is an additional probationary year or a first year of tenure, or whether the employee is to be terminated at the end of the subsequent college year.
(5) In the second year of full-time service, if the employee's period of four consecutive quarters began with Winter or Spring Quarter, the employee shall be notified not later than June 1 of that academic year whether the subsequent academic year is an additional probationary year or a first year of tenure, or whether the employee is to be terminated at the end of the subsequent college year.
(6) In the third or subsequent academic years of full-time service, the employee shall be notified not later than June 1 of each of those academic years as to whether the subsequent academic year is an additional probationary year or a first year of tenure, or whether the employee is to be terminated at the end of the subsequent college year.
(c) Probationary academic employees who are not reappointed or awarded tenure shall terminate their services as follows:
(1) At the end of the college year during which the notice date occurs for:
(A) first year academic employees,
(B) second year academic employees at campuses not on quarter system year-round operations, who are not appointed to a third academic year,
(C) second year academic employees at campuses on quarter system year-round operations whose periods of four consecutive quarters begin with the summer or fall quarter, who are not reappointed to a third academic year.
(2) At the end of the college year next following the college year during which the notice date occurs for:
(A) second year academic employees other than those to whom subdivision (c)(1) is applicable,
(B) third and subsequent academic year employees.
(d) Probationary academic employees serving on 12 month appointments shall gain service credit toward tenure in the same manner as academic year employees at the same campus and shall be subject to the notice dates and termination dates as are applicable to academic year employees at the same campus as specified in this section.
NOTE
Authority cited: Sections 66600, 89030, 89035, 89500 and 89534, Education Code. Reference: Section 89534, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35). For prior history, see Register 71, No. 31.
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43562. Probationary Period, Promotion, and Nonaccruing Assignments.
Note • History
An academic employee who has gained tenure shall be required to serve only one probationary period during employment at a campus. When an academic employee who has tenure is promoted, it shall be deemed that the employee has all rights provided by this article at the new rank. The employee shall not acquire tenure in an academic-administrative assignment or in an executive position.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43563. Leave of Absence Without Pay.
Note • History
(a) A leave of absence without pay taken during a probationary period for an assignment determined by the campus president to be of a nature valuable to the campus shall not constitute a break in service for the purpose of acquiring tenure. One academic year or less of such leaves may, at the discretion of the president, be counted towards the required service for tenure. However, for a probationary period in a leave status to be counted towards eligibility for tenure, an appraisal of such relevant experience must be made and included in the total appraisal of the individual.
(b) The president shall determine whether a leave of absence without pay, for reasons other than those indicated in (a) above, shall constitute a break in the probationary period.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-5-66; effective thirtieth day thereafter (Register 66, No. 25).
2. Amendment of subsection (a) filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43564. Late Reporting for Duties.
Note • History
When the circumstances in the judgment of the campus president warrant, reporting for assigned duties within six weeks after the beginning of an academic year may not interrupt the probationary status or reduce the credit value of the probationary academic year in which the late start of less than six weeks occurred.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-5-66; effective thirtieth day thereafter (Register 66, No. 25).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43565. Service in Academic--Administrative Assignment and Office of the Chancellor.
Note • History
Service by a probationary academic employee in an academic-administrative assignment at the campus or a limited term of service in the Office of the Chancellor shall be counted toward completion of the academic probationary period at the campus. Service in the Office of the Chancellor by an academic employee with tenure shall not effect the employee's tenure status at the campus from which the employee came.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43566. Notifications of Reappointment, Non-Reappointment, and Award or Denial of Tenure.
Note • History
(a) Notification of all decisions regarding reappointment, nonreappointment and the award or denial of tenure of academic employees shall be in writing and signed by the campus president or designee.
(b) The notice of intention not to reappoint a probationary academic employee or not to award tenure, as the case may be, shall be mailed by certified mail, return receipt requested, to the academic employee at his or her last known address, or the notice may be delivered to the academic employee in person who shall acknowledge receipt of the notice in writing. If such notice is delivered to the academic employee and he or she refuses to acknowledge receipt thereof, the person delivering the notice shall make and file with the campus president an affidavit of service thereof, which affidavit shall be regarded as equivalent to acknowledgement of receipt of notice.
(c) Reappointment to a succeeding academic year, and the award of tenure, may be accomplished only by notice by the president or designee. Notwithstanding any provision of this article to the contrary, no person shall be deemed to have been reappointed or to have been awarded tenure because notice is not given or received by the time or in the manner prescribed in this article. Should it occur that no notice is received by the times prescribed in this article, it is the duty of the academic employee concerned to make inquiry to determine the decision of the president, who shall without delay give notice in accordance with this section.
NOTE
Authority cited: Sections 66600, 89030, 89035, 89500 and 89534, Education Code. Reference: Sections 89500 and 89534, Education Code.
HISTORY
1. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 72, No. 35.
2. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
Nothing in this article shall preclude the use of established grievance procedures for academic personnel concerning any individual action relative to the status of an academic employee.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 12-23-68; effective thirtieth day thereafter (Register 68, No. 49).
2. Repealer of former Section 43567 and renumbering of Section 43568 to Section 43567 filed 7-28-71; effective thirtieth day thereafter (Register 71, No. 31).
3. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43568. Notification of Availability.
Note • History
Individuals who are not accorded tenure at a particular campus may ask that other campuses be notified of their availability in the event suitable vacancies exist which are consonant with their particular talents and abilities. Implementation of this section shall be in accordance with procedures established by the Office of the Chancellor.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Renumbering from Section 43570 filed 7-28-71; effective thirtieth day thereafter (Register 71, No. 31).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35)
3. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
If an academic employee desires to terminate an existing appointment or to decline a reappointment, the employee shall give notice not less than three months if the employee's rank is instructor or assistant professor, and not less than four months if the employee's rank is higher, before the end of his or her duties during the academic year exclusive of a special session; but the employee may properly request a waiver of this requirement in case of hardship or in a situation where he or she would otherwise be denied substantial professional advancement.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-5-66; effective thirtieth day thereafter (Register 66, No. 25).
2. Amendment and renumbering from Section 43571 filed 7-28-71; effective thirtieth day thereafter (Register 71, No. 31).
3. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
(a) The provisions of this article shall not apply to periods of service in the status of lecturer except that full-time service as a lecturer may be counted as service required for tenure not to exceed two years if it has been without break. Tenure may be awarded at the rank of professor based on service as a lecturer only if a two-year tenure period is utilized, as provided in Section 43560, subdivision (f), in which event up to one year of service as lecturer may be credited.
(b) A lecturer shall be given written notification no later than 30 calendar days prior to the end of the temporary appointment as to whether the lecturer will receive an appointment for the succeeding term. Failure to be so notified shall not constitute a right to employment in the succeeding term. If a lecturer has not received such notification, inquiry shall be made by the lecturer to the dean of the school.
NOTE
Authority cited: Sections 89030, 89500, and 89534, Education Code. Reference: Sections 89500 and 89534, Education Code.
HISTORY
1. Amendment and renumbering from Section 43569 filed 7-28-71; effective thirtieth day thereafter (Register 71, No. 31).
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
3. Amendment filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
§43572. Director of Athletics and Athletic Coach.
Note • History
(a) The provisions of this article relating to academic tenure shall not be applicable to periods of service in the classes of Director of Athletics or athletic coach.
(b) Appointments to the classes of Director of Athletics or athletic coach shall be made by the president on either an academic year, ten-month or twelve-month basis, and may be renewed on a year-to-year basis, without acquisition of tenure.
(c) Individuals who have served without a break in service in the classes of Director of Athletics or athletic coach, or both, and who are appointed to positions in which academic tenure may be gained, may be credited with not more than two years of service in such positions as service required for tenure; provided, that when such an individual is appointed to the position of Professor, he must serve at least one year in probationary status immediately prior to gaining tenure.
(d) The provisions of this Section shall not be applicable to probationary academic employees appointed prior to September 1, 1971, provided that at the discretion of the president and at the request of the academic employee, an academic employee who has been serving as a coach or director of athletics, may be appointed under the provisions of Subdivision (b) of this Section.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. New section filed 7-28-71; effective thirtieth day thereafter (Register 71, No. 31).
2. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 14. Tenure Rights of Administrative Employees
Note • History
If an administrative employee as defined in Section 42700(m), appointed pursuant to Article 2, serves full-time for two years, the said employee shall become a permanent employee on beginning the third year of service subject to reassignment in accordance with Section 66609 and Section 89539 of the Education Code. Employees serving in 10-month positions shall be accorded tenure on beginning their third full term of service. The president shall determine whether a leave of absence without pay shall constitute a break in the probationary period.
NOTE
Authority cited: Sections 66609, 89030, 89035 and 89500, Education Code. Reference: Sections 66609, 89500 and 89539, Education Code.
HISTORY
1. New Article 14 (Sections 43580 through 43587) filed 2-7-62; designated effective 7-1-62 (Register 62, No. 3).
2. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
If an administrative employee is transferred from an existing campus to a newly established campus under the provisions of Education Code Section 89545, such employee shall be accorded tenure rights accumulated as an employee of the existing campus as though the tenure rights had been accumulated as an employee of the newly established campus. He or she is subject to reassignment in accordance with Section 66609 and Section 89539 of the Education Code.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Sections 66609, 89500, 89539 and 89545, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43582. Acquisition of Permanent Status.
Note • History
An administrative employee shall be required to serve only one probationary period to gain permanent status, except when an employee with permanent status is promoted or reassigned to a position with substantially different duties. If the employee does not become permanent in the new position, the employee shall have the right to return to the former class in which permanent status was held.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43583. Service in Office of the Chancellor.
Note • History
Limited-term service by a campus probationary administrative employee in the Office of the Chancellor shall be counted toward completion of the probationary period at the campus from which the employee came. Service in the Office of the Chancellor by a permanent administrative employee of a campus shall not affect the employee's permanent status in the campus from which the employee came.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43584. Service of Employees Transferred Temporarily from Office of the Chancellor.
Note • History
Limited-term service at a campus by a probationary administrative employee who has been transferred temporarily from the Office of the Chancellor to the campus shall be counted toward completion of the probationary period in the Office of the Chancellor. Limited-term service at a campus by a permanent administrative employee who has been transferred temporarily from the Office of the Chancellor to the campus shall not affect the employee's permanent status in the Office of the Chancellor. Persons acquiring tenure as administrative employees at a campus thereby surrender any tenure rights previously held in the Office of the Chancellor.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43585. Notice of Rejection to Probationary Administrative Employee.
Note • History
The president of a campus for campus employees or the Chancellor for employees in the Office of the Chancellor may determine at any time during an administrative employee's probationary period that the employee is to be rejected. Upon making such a determination, the president or the Chancellor shall give notice of rejection to the employee. The notice shall state the assigned date of separation.
(a) The notice periods shall be as follows:
Following completion of six months or more of continuous service, notice shall be given not less than fifteen days prior to the assigned date of separation; or
Following completion of twelve months or more of continuous service, notice shall be given not less than thirty days prior to the assigned date of separation; or
Following completion of eighteen months or more of continuous service, notice shall be given no later than the last day of the probationary period, and not less than forty-five days prior to the assigned date of separation.
Notwithstanding Section 43580, an administrative employee shall not become a permanent employee on beginning the third year of service if notice of rejection pursuant to this section has been given at any time during the probationary period.
(b) When the president or the Chancellor determines that it is in the best interests of the California State University or any campus thereof that a probationary administrative employee should be relieved of any or all of his or her duties following notice of rejection, the president or the Chancellor may designate other duties for the employee, or may direct the employee to take a vacation, or may direct the employee to take a leave of absence with pay. Such designation of other duties, vacation or leave of absence shall not be deemed a disciplinary action or reassignment.
(c) The notice of rejection to the probationary administrative employee shall be in writing, signed by the campus president or designee for campus employees, or Chancellor or designee for employees in the Office of the Chancellor, and mailed by certified mail, return receipt requested to the employee at his or her last known address; or the notice may be delivered to the employee in person who shall acknowledge receipt of the notice in writing. If the notice is delivered to the employee who refuses to acknowledge receipt thereof, the person delivering the notice shall file with the campus president or Chancellor as appropriate, a declaration of service thereof, which declaration shall be regarded as acknowledgement of receipt of notice.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Repealer and new section filed 6-17-77; effective thirtieth day thereafter (Register 77, No. 25).
3. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
After initial appointment, reappointment for the second year during the probationary period shall be automatic unless action of rejection, as outlined in Section 43585, is taken by the campus president or the Chancellor, as the case may be.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
History
HISTORY
1. Repealer filed 12-30-76; effective thirtieth day thereafter (Register 77, No. 1).
Article 14.1. Permanent Status of Nonacademic Employees
§43588.1. Acquisition of Permanent Status.
Note • History
(a) A nonacademic employee, as defined in Section 42700(o), appointed pursuant to Article 2, and who serves full-time for one year, shall be awarded permanent status on beginning his or her second year of such service. Part-time service performed by such nonacademic employees shall not be credited toward permanent status.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89531, Education Code.
HISTORY
1. New Article 14.1 (Sections 43588.1-43588.3) filed 12-13-71; effective thirtieth day thereafter (Register 71, No. 51).
2. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
(a) If a nonacademic employee transfers from an existing campus or the Office of the Chancellor to a newly established campus under the provisions of Education Code Section 89545, he or she shall be awarded such permanent status or credit toward permanent status at the newly established campus as he or she had acquired at the existing campus.
(b) If a permanent nonacademic employee transfers from one campus to another existing campus, and such transfer is not under the provisions of Education Code Section 89545, he or she may be appointed with permanent status or with such credit towards permanent status as the president of the campus to which he or she transfers shall determine.
(c) If a probationary nonacademic employee transfers from one campus to another existing campus, and such transfer is not under the provisions of Education Code Section 89545, he or she may be appointed with such credit toward permanent status as the president of the campus to which he or she transfers shall determine.
(d) If a nonacademic employee who holds either permanent or probationary status transfers from a campus to the Office of the Chancellor, or from the Office of the Chancellor to an existing campus, he or she shall receive such credit toward permanent status as the new appointing power shall determine.
NOTE
Authority cited: Sections 66609, 89030, 89035 and 89500, Education Code. Reference: Section 89545, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43588.3. Probationary Period.
Note • History
A nonacademic employee shall be required to serve only one probationary period to gain permanent status. If such an employee is promoted to a position with substantially different duties or to a position that requires additional duties and abilities, the employee shall serve an additional probationary period; but if permanent status is not awarded in the new position, the employee shall have the right to return to any class in which he or she had permanent status. A permanent nonacademic employee may, with the employee's consent and the approval of the appointing power, be employed at less than full-time and retain permanent status. Seniority credit and any other credit shall be gained only in the proportion the actual time employed is to full-time employment in the position.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89533, Education Code.
HISTORY
1. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 15. Tenure Rights of Employees Serving in Academic-Administrative Assignments
§43593. Academic-Administrative Assignments.
Note • History
Tenure does not apply to academic-administrative assignments. Persons serving in academic-administrative assignments as defined by action of the Trustees in accordance with Section 42700(p) shall retain any tenure rights already earned either as an academic or administrative employee or in the case of probationary employees at a campus may gain tenure in either the academic or the administrative category, depending on the background and service of the employee as follows:
(a) Probationary academic employees shall continue to serve their probationary period and may acquire academic tenure at a campus while serving in academic-administrative assignments at the campus or limited-term service in the Office of the Chancellor.
(b) Probationary administrative employees shall continue to serve their probationary period and may acquire administrative permanent status while serving in academic-administrative assignments.
(c) Employees serving in academic-administrative assignments who immediately preceding such assignment were academic employees with tenure, shall retain their rights as academic employees.
(d) Employees serving in academic-administrative assignments who immediately preceding such assignments were administrative employees with tenure, shall retain their permanent status as administrative employees.
(e) Persons initially employed in academic-administrative assignments at a campus shall, while serving in such assignments, serve a probationary period toward and may acquire academic or administrative tenure according to the relevance of their assignment and qualifications to either academic or administrative positions. Such employees, if reassigned to academic or administrative positions during their probationary period, shall continue to serve their probationary period according to the requirements of the positions to which they are reassigned. Service time in academic-administrative assignments shall be counted toward tenure in either the administrative or academic category. Employees serving in academic-administrative assignments in the Office of the Chancellor shall earn no tenure or permanent status. Such employees shall retain those rights as acquired elsewhere at the campuses.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. New Article 15 (Sections 43593 through 43596) filed 2-7-62; designated effective 7-1-62 (Register 62, No. 3).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43594. Termination of Assignments.
Note • History
Academic-administrative assignments at a campus may be terminated at any time by a president. Academic-administrative assignments in the Office of the Chancellor may be terminated at any time by the Chancellor.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 6-21-73; effective thirtieth day thereafter (Register 73, No. 25).
3. Amendment o NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43595. Leave of Absence Without Pay.
Note • History
A leave of absence without pay taken during a probationary period for the purpose of teaching, research, study or an assignment determined by a president to be of a nature valuable to the campus shall not constitute a break in service for the purpose of acquiring tenure and one year or less of such leave may, at the discretion of the president be counted towards the required service for tenure.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43596. Transfer to New Campus.
Note • History
If an employee serving in an academic-administrative assignment is transferred from an existing campus or the Chancellor's office to a newly established campus in accordance with provisions of Education Code Section 89545, such employee shall be accorded such tenure rights at the newly established campus as he or she had previously acquired at the existing campus or acquired prior to service in the Office of the Chancellor.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 15.1. Rules of Procedure for Appearance of an Employee Under Government Code Section 1028.1
§43600. Designation of Committee of Governing Body.
Note • History
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89042, Education Code; and Section 1028.1, Government Code.
HISTORY
1. New Article 15.1 (Sections 43600-43604) filed 8-22-62 as procedural regulations; designated effective upon filing (Register 62, No. 17).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
5. Repealer of article 15.1 (sections 43600-43604) and section filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
§43601. Form and Service of Order to Employee.
Note • History
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89042, Education Code; and Section 1028.1, Government Code.
HISTORY
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
2. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
4. Repealer filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
Note • History
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89042, Education Code; and Section 1028.1, Government Code.
HISTORY
1. Amendment filed 12-17-65; effective thirtieth day thereafter (Register 65, No. 24).
2. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35).
3. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
5. Repealer filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
Note • History
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89042, Education Code; and Section 1028.1, Government Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Repealer filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
§43604. Conduct of Proceedings.
Note • History
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89042, Education Code; and Section 1028.1, Government Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Repealer filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
Article 15.5. Certification of Nonacademic and Administrative Employees to Continue Employment Beyond Mandatory Retirement Age
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Sections 23922 and 89509, Education Code; and Section 20983.5, Government Code.
HISTORY
1. New Article 15.5 (Sections 43650-43657) filed 3-12-80; effective thirtieth day thereafter (Register 80, No. 11).
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
3. Repealer of Article 15.5 (Sections 43650-43657) filed 4-21-86; effective thirtieth day thereafter (Register 86, No. 17).
§27000. Format for Monthly Reports.
Note • History
Employers shall file reports through CalSTRS' secure employer website as follows:
(a) Employers reporting information to the Defined Benefit Plan shall comply with CalSTRS' F496 File Specification, as revised on March 1, 2011 and hereby incorporated by reference.
(b) Employers reporting information to the Cash Balance Benefit Program shall comply with CalSTRS' Voluntary Deduction File Specification, as revised on March 1, 2011 and hereby incorporated by reference.
NOTE
Authority cited: California Constitution, Article XVI, Section 17; and Sections 22207, 22213, 22214, 22250 and 22305, Education Code. Reference: Sections 23004, 23006, 23008 and 26301, Education Code.
HISTORY
1. New article 15.5 (sections 27000-27009) and section filed 4-2-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 14).
§27001. Acceptable Report -- Defined Benefit Program.
Note • History
(a) A monthly report for the Defined Benefit Program is acceptable if it is reported in compliance with Section 27000, subdivision (a). Reports that fail to comply shall be rejected by CalSTRS, and will not be received.
(b) A monthly report shall contain the information as specified in Section 27000 for all employees who perform creditable service for an employer during the month.
(c) Information reported pursuant to Section 27000, subdivision (a) for one or more employees from a prior month shall be aggregated and treated as a separate report for the month to which it relates.
NOTE
Authority cited: California Constitution, Article XVI, Section 17; and Sections 22207, 22213, 22214, 22250 and 22305, Education Code. Reference: Sections 23004, 23005 and 23006, Education Code.
HISTORY
1. New section filed 4-2-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 14).
§27002. Acceptable Report -- Cash Balance Benefit Program.
Note • History
(a) A report for the Cash Balance Benefit Program is acceptable if it is reported in compliance with section 27000, subdivision (b). Reports that fail to comply shall be rejected by CalSTRS, and will not be received.
(b) A report shall contain the information required by section 27000, for all employees who perform creditable service for an employer during the pay period.
(c) Information reported pursuant to Section 27000, subdivision (b) for one or more employees from a prior pay period shall be aggregated and treated as a separate report for the pay period to which it relates.
NOTE
Authority cited: California Constitution, Article XVI, Section 17; and Sections 22207, 22213, 22214, 22250 and 22305, Education Code. Reference: Section 26301, Education Code.
HISTORY
1. New section filed 4-2-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 14).
§27003. Assessment of Penalties for Late Reports -- Defined Benefit Program.
Note • History
(a) A monthly report received 45 or more calendar days following the month in which the creditable compensation being reported was earned shall be subject to penalties based on the number of calendar days it is late, in an amount equal to the cumulative value of interest accruing on the sum of employer and employee contributions due for the late monthly report compounded daily, based on the regular interest rate in effect that day, until the report is received.
(b) A monthly report that is received after 5:00 p.m. Pacific Time on the 44th calendar day shall be considered to have been received on the 45th calendar day, and therefore is late.
(c) Those portions of a monthly report that adjust contributions remitted in a prior month shall be aggregated and treated as a report adjusting incorrect contributions. The report shall be late if received after 5:00 p.m. Pacific Time on the 60th calendar day following discovery by the employer or notification by the system. The penalty for a late report adjusting incorrect contributions shall be the cumulative value of interest accruing on the sum of the absolute value of the change in employer and employee contributions for each employee on the late report compounded daily, based on the regular interest rate in effect that day, until the report is received.
(1) Notification by the system shall be on a form containing the following items of information and shall be delivered to the employer by mail or email: date the notification was mailed or emailed; fiscal year; member client id; member name; reporting source or unit; member code; assignment code; pay rate; pay code; earnings; contribution rate; contribution code; contribution amount; beginning and ending dates of the service period; and the business rule error number.
(2) A final audit report delivered to the employer by mail or email shall constitute notification by the system.
(d) Those portions of a monthly report that adjust incorrect contributions for a month prior to the effective date of this article shall not be subject to the penalties provided for in this section.
(e) Those portions of a monthly report that neither increase nor decrease employer and employee contributions for an employee shall not be subject to the penalties provided for in this section.
(f) Those portions of a monthly report that adjust contributions remitted in a prior month shall not be subject to the penalties provided for in this section if all of the following are true:
(1) The adjustments are made for all members of a class of employees;
(2) The adjustments are made pursuant to a written employment agreement with an employer or with an exclusive representative entered into by an employer, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code;
(3) The adjustments become effective contemporaneously with the effective date of the written employment agreement or the effective date of the provision in the agreement providing for future increases in compensation; and
(4) The adjustments are reported to the system within 90 days of the effective date of the written employment agreement or the effective date of the provision in the agreement providing for future increases in compensation.
(g) Those portions of a monthly report that are otherwise late shall not be subject to the penalties provided for in this section during the following periods of time:
(1) The period of time beginning on the date an application for workers' compensation is filed with the Workers' Compensation Appeals Board until the date compensation is awarded, if the awarded compensation increases the amount of contributions due for that period of time. The portions of a monthly report that are exempt under this subdivision shall be due 30 calendar days immediately following the month in which compensation is awarded and shall be subject to the penalties provided for in this section beginning on the 45th calendar day.
(2) Any period of time that directly results from the operation of a state or federal statute or regulation which requires a retroactive change in the creditable compensation paid to a member for prior service, if that retroactive change results in a change in the amount of contributions due for that period of time. The portions of a monthly report that are exempt under this subdivision shall be due 30 calendar days immediately following the month in which the period of time expires and shall be subject to the penalties provided for in this section beginning on the 45th calendar day.
(h) For an employee employed as a substitute teacher, or on a part-time basis or a full-time basis with an additional part-time position, those portions of a monthly report for the substitute or part-time position that are otherwise late shall not be subject to the penalty and interest assessed on a late report provided for in subdivision (a) of this section if all of the following are true:
(1) The date the substitute or part-time position is paid matches the pay date on a published salary schedule for that position; and
(2) The pay date is no more than 31 calendar days following the last day of the month in which the compensation being reported was earned; and
(3) The applicable portions of the report are received no later than 44 calendar days following the pay date.
NOTE
Authority cited: California Constitution, Article XVI, Section 17; and Sections 22207, 22213, 22214, 22250 and 22305, Education Code. Reference: Sections 23004, 23006 and 23008, Education Code.
HISTORY
1. New section filed 4-2-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 14).
§27004. Assessment of Penalties for Late Reports -- Cash Balance Benefit Program.
Note • History
(a) A report received 11 or more working days following the pay period in which the salary being reported was earned shall be subject to penalties based on the number of calendar days it is late, in an amount equal to the cumulative value of interest accruing on the sum of employer and employee contributions due for the late report compounded daily, based on the regular interest rate in effect that day, until the report is received.
(b) A report due on the 10th working day that is received after 5:00 p.m. Pacific Time on the 10th working day shall be considered to have been received on the 11th working day, and therefore is late.
(c) Those portions of a report that adjust contributions remitted in a prior report shall be aggregated and treated as a report adjusting incorrect contributions. The report shall be late if received after 5:00 p.m. Pacific Time on the 60th calendar day following discovery by the employer or notification by the system. The penalty for a late report adjusting incorrect contributions shall be the cumulative value of interest accruing on the sum of the absolute value of the change in employer and employee contributions for each employee on the late report compounded daily, based on the regular interest rate in effect that day, until the report is received.
(1) Notification by the system shall be on a form containing the following items of information and shall be delivered to the employer by mail or email: date the notification was mailed or emailed; fiscal year; member client id; member name; reporting source or unit; member code; assignment code; pay rate; pay code; earnings; contribution rate; contribution code; contribution amount; beginning and ending dates of the service period; and the business rule error number.
(2) A final audit report delivered to the employer by mail or email shall constitute notification by the system.
(d) Those portions of a report that adjust incorrect contributions for a pay period prior to the effective date of this article shall not be subject to the penalties provided for in this section.
(e) Those portions of a report that neither increase nor decrease employer and employee contributions for an employee shall not be subject to the penalties provided for in this section.
(f) Those portions of a report that adjust contributions remitted in a prior month shall not be subject to the penalties provided for in this section if all of the following are true:
(1) The adjustments are made for all members of a class of employees;
(2) The adjustments are made pursuant to a written employment agreement with an employer or with an exclusive representative entered into by an employer, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code;
(3) The adjustments become effective contemporaneously with the effective date of the written employment agreement or the effective date of the provision in the agreement providing for future increases in compensation; and
(4) The adjustments are reported to the system within 90 days of the effective date of the written employment agreement or the effective date of the provision in the agreement providing for future increases in compensation.
(g) Those portions of a report that are otherwise late shall not be subject to the penalties provided for in this section during the following periods of time:
(1) The period of time beginning on the date an application for workers' compensation is filed with the Workers' Compensation Appeals Board until the date compensation is awarded, if the awarded compensation increases the amount of contributions due for that period of time. The portions of a report that are exempt under this subdivision shall be due 10 working days immediately following the pay period in which compensation is awarded and shall be subject to the penalties provided for in this section beginning on the 11th working day.
(2) Any period of time that directly results from the operation of a state or federal statute or regulation that requires a retroactive change in the creditable compensation paid to a member for prior service, if that retroactive change results in a change in the amount of contributions due for that period of time. The portions of a report that are exempt under this subdivision shall be due 10 working days immediately following the pay period in which the period of time expires and shall be subject to the penalties provided for in this section beginning on the 11th working day.
(h) For an employee employed as a substitute teacher, or on a part-time basis or a full-time basis with an additional part-time position, those portions of a report for the substitute or part-time position that are otherwise late shall not be subject to the penalty and interest assessed on a late report provided for in subdivision (a) of this section if all of the following are true:
(1) The date the substitute or part-time position is paid matches the pay date listed on a published salary schedule for that position; and
(2) The pay date is no more than 31 calendar days following the last day of the pay period in which the compensation being reported was earned; and
(3) The applicable portions of the report are received no later than 10 working days following the pay date.
NOTE
Authority cited: California Constitution, Article XVI, Section 17; and Sections 22207, 22213, 22214, 22250 and 22305, Education Code. Reference: Section 26301, Education Code.
HISTORY
1. New section filed 4-2-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 14).
§27005. Late Contributions -- Defined Benefit Program.
Note • History
In order to process contributions for any given day, the contributions must be received on or before 3:00 p.m. Pacific Time. Therefore,
(a) Contributions received after 3:00 p.m. Pacific Time shall be considered to have been received on the following working day.
(b) The portion of contributions due on the fifth working day that are not received by 3:00 p.m. Pacific Time on that fifth working day shall be considered to have been received on the sixth working day, and therefore are late.
(c) The remaining portion of contributions due on the 15th working day that are not received by 3:00 p.m. Pacific Time on that 15th working day shall be considered to have been received on the 16th working day, and therefore are late.
NOTE
Authority cited: California Constitution, Article XVI, Section 17; and Sections 22207, 22213, 22214, 22250 and 22305, Education Code. Reference: Section 23002, Education Code; and Section 4108, Commercial Code.
HISTORY
1. New section filed 4-2-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 14).
§27006. Late Contributions -- Cash Balance Benefit Program.
Note • History
In order to process contributions for any given day, the contributions must be received on or before 3:00 p.m. Pacific Time. Therefore,
(a) Contributions received after 3:00 p.m. Pacific Time shall be considered to have been received on the following working day.
(b) Contributions due on the 10th working day that are not received by 3:00 p.m. Pacific Time on that 10th working day shall be considered to have been received on the 11th working day, and therefore are late.
NOTE
Authority cited: California Constitution, Article XVI, Section 17; and Sections 22207, 22213, 22214, 22250 and 22305, Education Code. Reference: Section 26303, Education Code; and Section 4108, Commercial Code.
HISTORY
1. New section filed 4-2-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 14).
§27007. Assessment of Penalties for Late Contributions -- Defined Benefit Program.
Note • History
(a) A late contribution shall be subject to a penalty equal to 5% of the creditable compensation upon which the contribution was based if that contribution is received after March 1st of the state fiscal year that immediately follows the state fiscal year in which the contribution was due.
(b) Interest on late contributions shall be imposed as follows:
(1) If less than 95 percent of contributions due have been received by the 6th working day, interest shall be charged on the balance of those contributions due and compounded daily based on the regular interest rate in effect that day.
(2) For contributions received more than 15 working days after the date those contributions are due, interest shall be charged on the balance of contributions due and compounded daily based on the regular interest rate in effect that day.
(c) The penalty and interest assessed on late contributions provided for in this section shall not apply to adjustments made to contributions for a month prior to the effective date of this article.
(d) Adjustments to contributions remitted in a prior month shall not be subject to the penalty and interest assessed on late contributions provided for in this section if all of the following are true:
(1) The adjustments are made for all members of a class of employees;
(2) The adjustments are made pursuant to a written employment agreement with an employer or with an exclusive representative entered into by an employer, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code;
(3) The adjustments become effective contemporaneously with the effective date of the written employment agreement or the effective date of the provision in the agreement providing for future increases in compensation; and
(4) The adjustments are remitted to the system within 90 days of the effective date of the written employment agreement or the effective date of the provision in the agreement providing for future increases in compensation.
(e) For an employee employed as a substitute teacher, or on a part-time basis or a full-time basis with an additional part-time position, contributions for the substitute or part-time position that are otherwise late shall not be subject to the penalty and interest assessed on late contributions provided for in this section if all of the following are true:
(1) The date the substitute or part-time position is paid is based upon a published salary schedule;
(2) That date is no more than 31 calendar days following the last day of the month in which the compensation being reported was earned; and
(3) 95% of the contributions due are received five working days immediately following the date the substitute or part-time position is paid, and the balance of contributions due are received no more than 15 working days following the date the employee is paid.
(f) Contributions that are otherwise late shall not be subject to the penalty and interest assessed on late contributions provided for in this section during the following periods of time:
(1) The period of time beginning on the date an application for workers' compensation is filed with the Workers' Compensation Appeals Board until the date compensation is awarded, if the awarded compensation increases the amount of contributions due for that period of time. 95% of the contributions that are exempt under this subdivision shall be due five working days immediately following the month in which compensation is awarded and shall be late thereafter, and the balance of contributions are due 15 working days following the month in which compensation is awarded and shall be late thereafter.
(2) Any period of time that directly results from the operation of a state or federal statute or regulation which requires a retroactive change in the creditable compensation paid to a member for prior service, if that retroactive change results in a change in the amount of contributions due for that period of time. 95% of the contributions that are exempt under this subdivision shall be due five working days immediately following the month in which the period of time expires and shall be late thereafter, and the balance of contributions shall be due 15 working days following the month in which the period of time expires and shall be late thereafter.
NOTE
Authority cited: California Constitution, Article XVI, Section 17; and Sections 22207, 22213, 22214, 22250 and 22305, Education Code. Reference: Sections 23002 and 23003, Education Code.
HISTORY
1. New section filed 4-2-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 14).
§27008. Assessment of Interest on Late Contributions -- Cash Balance Benefit Program.
Note • History
(a) Interest shall be charged on contributions received more than 10 working days after the date those contributions are due and compounded daily based on the regular interest rate in effect that day.
(b) The interest assessed on late contributions provided for in this section shall not apply to adjustments made to contributions for a pay period prior to the effective date of this article.
(c) Adjustments to contributions remitted in a prior pay period shall not be subject to the interest assessed on late contributions provided for in this section if all of the following are true:
(1) The adjustments are made for all members of a class of employees;
(2) The adjustments are made pursuant to a written employment agreement with an employer or with an exclusive representative entered into by an employer, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code;
(3) The adjustments become effective contemporaneously with the effective date of the written employment agreement or the effective date of the provision in the agreement providing for future increases in compensation; and
(4) The adjustments are remitted to the system within 90 days of the effective date of the written employment agreement or the effective date of the provision in the agreement providing for future increases in compensation.
(d) For an employee employed as a substitute teacher, or on a part-time basis or a full-time basis with an additional part-time position, contributions for the substitute or part-time position that are otherwise late shall not be subject to the interest assessed on late contributions provided for in this section if all of the following are true:
(1) The date the substitute or part-time position is paid is based upon a published salary schedule;
(2) That date is no more than 31 calendar days following the last day of the pay period in which the compensation being reported was earned; and
(3) The contributions are received 10 working days immediately following the date the substitute or part-time position is paid.
(e) Contributions that are otherwise late shall not be subject to the interest assessed on late contributions provided for in this section during the following periods of time:
(1) The period of time beginning on the date an application for workers' compensation is filed with the Workers' Compensation Appeals Board until the date compensation is awarded, if the awarded compensation increases the amount of contributions due for that period of time. The contributions that are exempt under this subdivision shall be due 10 working days immediately following the pay period in which compensation is awarded and shall be late thereafter.
(2) Any period of time that directly results from the operation of a state or federal statute or regulation which requires a retroactive change in the creditable compensation paid to a participant for prior service, if that retroactive change results in a change in the amount of contributions due for that period of time. The contributions that are exempt under this subdivision shall be due 10 working days immediately following the pay period in which the period of time expires and shall be late thereafter.
NOTE
Authority cited: California Constitution, Article XVI, Section 17; and Sections 22207, 22213, 22214, 22250 and 22305, Education Code. Reference: Section 26303, Education Code.
HISTORY
1. New section filed 4-2-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 14).
§27009. Right to an Administrative Hearing.
Note • History
An administrative hearing shall be available to an employer that reports directly to the system when there is disagreement over the assessment of penalties, interest, or both, pursuant to this article. A written request for an administrative hearing and the reasons therefore must be received by the System at its headquarters within 90 days of the mailing of written notice of such penalties, interest, or both. If no request for an administrative hearing is made within the time prescribed, the penalties, interest, or both assessed shall be final and any right to an administrative hearing or judicial review shall be deemed forfeit and waived.
NOTE
Authority cited: California Constitution, Article XVI, Section 17; and Sections 22207, 22213, 22214, 22219, 22250 and 22305, Education Code. Reference: Sections 23010 and 26303.5, Education Code.
HISTORY
1. New section filed 4-2-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 14).
Article 15.6. Certification of Tenured Faculty to Continue Employment Beyond Age 70
Note • History
NOTE
Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code; and Sections 12941(a) and 12942, Government Code.
HISTORY
1. New Article 15.6 (Sections 43660-43667) filed 5-8-80; effective thirtieth day thereafter (Register 80, No. 19).
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
3. Amendment filed 4-21-86; effective thirtieth day thereafter (Register 86, No. 17).
4. Repealer of article 15.6 (sections 43660-43668) and section filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
Note • History
NOTE
Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code; and Sections 12941(a) and 12942, Government Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment filed 4-21-86; effective thirtieth day thereafter (Register 86, No. 17).
3. Repealer filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
§43662. Failure to Request or Receive Certification.
Note • History
NOTE
Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code; and Sections 12941(a) and 12942, Government Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment filed 4-21-86; effective thirtieth day thereafter (Register 86, No. 17).
3. Repealer filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
§43663. Initial Certification.
Note • History
NOTE
Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code; and Sections 12941(a) and 12942, Government Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment filed 4-21-86; effective thirtieth day thereafter (Register 86, No. 17).
3. Repealer filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
Note • History
NOTE
Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code; and Sections 12941(a) and 12942, Government Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment filed 4-21-86; effective thirtieth day thereafter (Register 86, No. 17).
3. Repealer filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
Note • History
NOTE
Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code; and Sections 12941(a) and 12942, Government Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment filed 4-21-86; effective thirtieth day thereafter (Register 86, No. 17).
3. Repealer filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
§43666. Temporary Continuance in Employment.
Note • History
NOTE
Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code; and Sections 12941(a) and 12942, Government Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment filed 4-21-86; effective thirtieth day thereafter (Register 86, No. 17).
3. Repealer filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
Note • History
NOTE
Authority cited: Sections 23922, 66600, 89030, 89035 and 89500, Education Code; and Section 20983.5, Government Code. Reference: Sections 23922 and 89509, Education Code; and Section 20983.5, Government Code.
HISTORY
1. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Repealer filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
Note • History
NOTE
Authority cited: Sections 89030 and 89500, Education Code. Reference: Sections 89030 and 89500, Education Code; Section 12941(a) and 12942, Government Code; Title 29, United States Code, Section 631(d)(100 Stat. 3344).
HISTORY
1. New section filed 9-23-93; operative 10-25-93 (Register 93, No. 39).
2. Repealer filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).
Article 16. Authority to Meet and Confer with Employee Organizations
§43700. Delegation of Authority.
Note • History
The Chancellor or designee is authorized to meet and confer, on behalf of the Board of Trustees, with representatives of employee organizations concerning matters relating to employment conditions, including, but not limited to, wages, hours and other terms and conditions of employment upon request, and shall consider as fully as the Chancellor deems reasonable such presentations as are made by the employee organization on behalf of its members prior to arriving at a determination or recommendation of policy or course of action.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code.
HISTORY
1. New Article 16 (Sections 43700, 43701, 43702) filed 4-9-71; effective thirtieth day thereafter (Register 71, No. 15). Former Section 43700 renumbered to 43800.
2. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
The Chancellor shall report requests to the Chair of the Board of Trustees and to the Chair of the Committee on Collective Bargaining. Periodically, the Chancellor shall report on such meetings to the Chair of the Committee on Collective Bargaining of the Board of Trustees.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43702. Reservation of Authority.
Note • History
The Chair of the Board of Trustees may, in his or her discretion, cause the Board or a committee thereof to meet and confer with representatives of employee organizations.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43703. Policy for Employee Organizations.
Note • History
The several campuses and the Office of the Chancellor of The California State University will operate under the uniform, systemwide policy governing relationships with employee organizations engaging in organizational activities, provided by Sections 43703 through 43711 of this Article. The Chancellor or the Chancellor's designee shall prescribe and may from time to time revise rules and procedures concerning campus relations with employee organizations. Only employee organizations which have been verified by the Office of the Chancellor in accordance with Section 43710 are entitled to privileges of this policy. Campuses will be informed as to those organizations which have been verified. Persons representing organizations which purport to represent campus employees but which have not been verified, shall be referred to the Office of the Chancellor.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code.
HISTORY
1. New section filed 5-8-79; effective thirtieth day thereafter (Register 79, No. 19).
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
The following definitions apply to the terms used in Sections 43703 through 43711.
(a) “Campus” includes the various work locations of employees of The California State University including the Office of the Chancellor.
(b) “Chief Executive Officer” means, in the Office of the Chancellor, the Chancellor or the Chancellor's designee, and on a campus, the President or the President's designee.
(c) “Employee organization” means any organization of any kind in which campus employees participate and which exists for the purpose, in whole or in part, of dealing with the employer concerning grievances, labor disputes, wages, hours, and other terms and conditions of employment of employees. An academic senate or other similar academic bodies or divisions thereof shall not be considered an employee organization.
(d) “Organizational activities” means any activities engaged in by an employee organization on any campus except for representation of employees in grievances, disciplinary actions, and meet and confer sessions held pursuant to Sections 43700 and 43702 of this Article.
(e) “Work time” means time in which an employee is expected to be performing services for the campus. Work time would normally not include scheduled rest breaks and lunch periods.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Government Code; and Section 3568, Government Code. Reference: Section 89500, Education Code.
HISTORY
1. New section filed 5-8-79; effective thirtieth day thereafter (Register 79, No. 19).
2. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
Employee organization officers and representatives who are not employees of the campus and who desire to carry on organizational activities on the campus must notify the Chief Executive Officer prior to conducting activities on behalf of an employee organization. This notice shall conform to the procedures designated for that purpose by the Chief Executive Officer. Campus procedures may require the identity of the campus visitor, the time of the visit, and the areas to be visited.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code.
HISTORY
1. New section filed 5-8-79; effective thirtieth day thereafter (Register 79, No. 19).
2. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43705. Use of Campus Facilities.
Note • History
Use of campus facilities by employee organizations shall not interfere with or disrupt campus business or violate security, safety, or health regulations of the campus. All meetings shall be conducted outside the work time of employees in attendance. If costs for additional maintenance or security are incurred by the use of facilities, such costs shall be borne by the employee organization.
Campus offices provided to employees shall not be used by employee organizations for organizational activities. Office space will not be provided to employee organizations.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code.
HISTORY
1. New section filed 5-8-79; effective thirtieth day thereafter (Register 79, No. 19).
2. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43706. Display and Distribution of Organizational Materials.
Note • History
Display and distribution of organizational materials may be made only at designated points on the campus. Organizational materials may not be distributed to employees on their work time. An adequate number of designated points, including space on bulletin boards, shall be provided at each campus. This rule does not cover personal apparel items, such as lapel buttons, and automobile bumper stickers placed on private automobiles by their owners.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code.
HISTORY
1. New section filed 5-8-79; effective thirtieth day thereafter (Register 79, No. 19).
2. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
Subject to reasonable regulations, including charges where additional costs are incurred, representatives of verified employee organizations shall be afforded access to campus mail services and mail boxes for the purpose of distributing materials to employees. All materials distributed under this provision must identify the employee organization which is distributing the materials. One copy of all materials distributed through campus mail services or mail boxes must be directed to the Chief Executive Officer along with the name and telephone number of the representative responsible for the distribution.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code.
HISTORY
1. New section filed 5-8-79; effective thirtieth day thereafter (Register 79, No. 19).
2. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43708. Organizational Solicitation.
Note • History
Solicitation by nonemployee representatives of employee organizations shall not occur during work time. Employees may not engage in solicitation for or against employee organizations or for or against issues at times which will interfere with their own work or the work of other employees. In the event that it is not possible for a representative of a verified employee organization to communicate with an employee during non-work times, such employee organization shall be afforded reasonable opportunities as determined by the Chief Executive Officer to communicate with employees so long as such communication does not interfere with the work of the campus or violate security, safety or health requirements.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code.
HISTORY
1. New section filed 5-8-79; effective thirtieth day thereafter (Register 79, No. 19).
2. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43709. Use of Campus Equipment.
Note • History
Campus equipment and supplies shall not be used by employee organizations for any purpose. Campus telephones may not be used for organizational activities.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code.
HISTORY
1. New section filed 5-8-79; effective thirtieth day thereafter (Register 79, No. 19).
2. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43710. Verification of Employee Organizations.
Note • History
Each employee organization which desires to represent campus employees shall be required to furnish the Office of the Chancellor at the time of initial verification, and subsequently between October 1 and 15 of each year, a written statement containing:
(a) The name and address of the employee organization, its parent body, if any, and its affiliates, if any.
(b) The names and addresses of the employee organization's principal officers and all representatives who are authorized to represent the organization, specifying to which campus(s) each officers and representative's authority applies.
(c) A description of the employee classifications the employee organization is seeking to represent.
(d) A copy of the Constitution and By-laws of the organization, its parent body, if any, and its affiliates, if any.
(e) A statement that one of the organization's purposes is the representation of CSU employees concerning, in whole or in part, grievances, labor disputes, wages, hours, and other terms and conditions of employment of employees.
Employee organization shall promptly amend these written statements during each year as changes occur. The Office of the Chancellor will notify each campus of the filings concerning the campus.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code.
HISTORY
1. New section filed 5-8-79; effective thirtieth day thereafter (Register 79, No. 19).
2. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43711. Violation of Policy: Hearings.
Note • History
Employee organizations which do not comply with Sections 43703 through 43711 or with campus rules promulgated to implement them may be denied any or all privileges provided for in this policy. The Chancellor or the Chancellor's designee, hereinafter referred to as the Reviewing Officer, shall determine noncompliance and the extent to which any privileges shall be revoked for employee organizations who have violated the policies established by Sections 43703 through 43711 of this Article. When the Reviewing Officer has reason to believe that a particular employee organization has violated this policy and that withdrawal of privileges may be called for, the Reviewing Officer may undertake an inquiry. In such cases, the Reviewing Officer, shall notify the employee organization in question and the appropriate Chief Executive Officer, of the possible violation. The Reviewing Officer shall arrange a conference; all parties will be given reasonable notice of the time and place of the conference. The conference shall be called to determine whether violations of the policy have occurred and what, if any, sanctions are appropriate. The employee organization shall be advised of the alleged violations of the policy and of the range of sanctions which may be imposed if the violation is found to have occurred. The Reviewing Officer may demand information from the employee organization or any other individual with information concerning the alleged violation. Employee organizations shall have the right of access to all materials upon which the allegations are based and which the Reviewing Officer considers in making his or her decision. The conference shall be conducted in the manner and format directed by the Reviewing Officer. Following the conference at which the Reviewing Officer considers the allegations and information received, the Reviewing Officer shall make a finding of whether a violation has occurred and determine what, if anything, is appropriate. The Reviewing Officer is authorized to restrict or withdraw privileges granted under this policy. In addition, the Reviewing Officer may also make any other provisions consistent with law as may in the Reviewing Officer's judgment be appropriate with respect to violations, including recommendations for disciplinary, civil, or criminal actions resulting from alleged violations and withdrawal of any other privileges provided to the employee organizations or their officers and representatives.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code.
HISTORY
1. New section filed 5-8-79; effective thirtieth day thereafter (Register 79, No. 19).
2. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 16.1. Public Notice of Initial Proposals of Exclusive Representatives and California State University
Note • History
Meeting and conferring as defined in the Higher Education Employer-Employee Relations Act shall not commence on an initial proposal which relates to matters within the scope of representation until the Board of Trustees has conducted not less than four (4) public meetings scheduled no sooner than seven (7) calendar days from one another. Such meetings shall proceed in a manner to be determined by the Board of Trustees or its designated committee, subject to the following requirements:
(a) An initial meeting to present the proposal of an exclusive representative for a particular unit shall be scheduled within a reasonable time by the Board of Trustees or its designated committee.
(b) At the first meeting called for a particular representation unit, the exclusive representative shall present its proposal in writing and shall have ten (10) copies of such proposal for members of the Board of Trustees or its designated committee present, twenty (20) additional copies for distribution to the main library at each campus and in the Office of the Chancellor, and a sufficient quantity, but not fewer than twenty (20), for interested members of the public in attendance at the public hearing. At the time of such presentation, a representative of the exclusive representative may address the Board of Trustees or its designated committee for the purpose of clarifying or amplifying upon any portion of its proposal. Thereafter, the Board of Trustees or its designated committee shall set a time for a second public hearing.
(c) At such second meeting, members of the public shall be given an opportunity to address the proposals presented at the previous meeting. If a member of the public wishes to speak, he or she will be asked but not required to give his or her name, address, name of organization, if any, and on whose behalf he or she is speaking. Members of the public may submit written statements in addition to or in lieu of oral statements. Such written statements shall become a part of the record. At the conclusion of the testimony with respect to the exclusive representative's proposal for a given unit, the Board of Trustees or its designated committee shall schedule a third meeting.
(d) At the third meeting, the Board of Trustees or its designated committee shall present management's proposal for the representation unit in question in writing and shall have six (6) copies of such proposal fo the exclusive representative, twenty (20) additional copies for distribution to the main library at each campus and in the Office of the Chancellor, and a sufficient quantity, but not fewer than twenty (20), for interested members of the public in attendance at the public hearing. At such meeting, the Board of Trustees or its designated committee may, at its discretion, clarify or otherwise explain its proposal. Thereafter, the Board of Trustees or its designated committee shall set a time for a fourth public meeting.
(e) At the fourth meeting, members of the public shall be given an opportunity to address the proposals presented at the third meeting. In all other respects, the rules which govern the second meeting, set forth in subsection (c) hereof, shall govern.
(f) After the public has had the opportunity to express itself, the Board of Trustees or its designated committee shall, at the fourth meeting or at an additional public meeting scheduled at the Board of Trustees' or its designated committee's discretion, adopt a proposal including any changes in its initial proposal which it deems appropriate in light of the proceedings described herein.
(g) Notwithstanding any other provision of this Article, for all meetings required pursuant to this Article, if the Board of Trustees or its designated committee fails to schedule a meeting, it shall be scheduled by the Chair of the Board of Trustees or of its designated committee.
(h) Nothing herein shall preclude the consideration or proposals for more than one representation unit at a particular public meeting.
NOTE
Authority cite: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. New Article 16.1 (Sections 43725 and 43726) filed 9-30-81; effective thirtieth day thereafter (Register 81, No. 40).
2. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
§43726. Procedures--Additional Proposals.
Note • History
If new subjects of meeting and conferring arise after the presentation of the initial proposals, the following procedures shall prevail:
(a) All new subjects of meeting and conferring, whether proposed by the exclusive representative or the Board of Trustees or its designated committee, shall be posted by The California State University within twenty-four (24) hours and no meeting and conferring will take place on the subject until the item has been posted for twenty-four (24) hours.
(b) If the Board of Trustees or its designated committee votes on any new subject described above, the vote thereon by each member voting shall be disclosed by posting within twenty-four (24) hours.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment of subsection (a) filed 10-1-2007; operative 10-1-2007 pursuant to Education Code section 89030.1(e) (Register 2007, No. 40).
Article 16.2. Bona Fide Associations
Note • History
For the purpose of this article, “bona fide association” means an organization of employees and/or former employees of the California State University which does not have as one of its purposes the representing of employees in their relations with the California State University or any entity of the State of California. A “bona fide association” may include affirmative action advocacy groups and professional organizations.
NOTE
Authority cited: Sections 89030 and 89500, Education Code; and Section 3566, Government Code. Reference: Sections 1150(d) and 3566, Government Code.
HISTORY
1. New Article 16.2 (Sections 43727-43729) filed 10-28-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 44).
Note
Each bona fide association shall submit to the Chancellor or designee an annual registration statement on or about July 1 of each calendar year in a form prescribed by the Chancellor or designee. The registration statement shall include the following information: name of the bona fide association, its headquarters address, telephone number, list of principal officers and their mailing addresses. The statement shall also include a written certification that the bona fide association is observing and has observed in the past year the following:
(a) The purpose of the association is not to represent California State University employees or any other State employees on matters within the scope of representation; and
(b) The association does not have an affiliation with an employee organization of the California State University or any other State entity; and
(c) The association is not acting as an employee organization by filing unfair labor practice charges or competing to be an exclusive bargaining agent in unit certification elections of the California State University or any other State entity.
The statement shall be accompanied by a copy of the association's bylaws and a statement of the organization's purpose.
NOTE
Authority cited: Sections 89030 and 89500, Education Code; and Section 3566, Government Code. Reference: Sections 1150(d) and 3566, Government Code.
§43729. Revocation of Registration.
Note
The registration of a bona fide association may be removed by the Chancellor or designee for the following reasons:
(a) Determination by the Chancellor or designee that the bona fide association has represented an employee in his or her employer- employee relations with the California State University or an entity of the State of California, or is affiliated with an employee organization of the California State University or any other State entity.
(b) Failure of the bona fide association to provide the annual registration statement.
(c) Determination by the State Controller that the bona fide association has interfered or failed to cooperate in an employee's request to decline membership or payroll dues deduction.
NOTE
Authority cited: Sections 89030 an 89500, Education Code; and Section 3566, Government Code. Reference: Sections 1150(d) and 3566, Government Code.
Article 17. Rules of Procedure for Grievance Proceedings for Academic Personnel
§43750. Delegation of Authority.
Note • History
The Chancellor shall prescribe, and may from time to time revise Grievance Procedures for Academic Personnel which meet the requirements of Education Code Section 89542.5. The Chancellor shall consult as appropriate with respect to such procedures. The Chancellor shall report to the Board on procedures issued or revised pursuant to this section.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89542.5, Education Code.
HISTORY
1. New Article 17 (Section 43750) filed 6-21-73; effective thirtieth day thereafter (Register 73, No. 25).
2. Amendment filed 7-28-76; effective thirtieth day thereafter (Register 76, No. 31).
3. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 18. Rules of Procedure for Grievance Proceedings for Nonacademic and Administrative Personnel
§43775. Delegation of Authority.
Note • History
The Chancellor shall prescribe and may from time to time revise grievance procedures for nonacademic and administrative personnel as defined in Section 42700(o) and (m) respectively. The Chancellor shall consult as appropriate with respect to such procedures. These procedures may be utilized for all nonacademic and administrative employees except nonacademic and administrative employees who are temporary employees and shall include nonacademic and administrative employees who are on full or partial leave of absence with or without pay. The Chancellor shall report to the Board on procedures issued or revised pursuant to this section and shall require their publication at the campuses in an appropriate manner.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. New Article 18 (Section 43775) filed 12-30-76; effective thirtieth day thereafter (Register 77, No. 1).
2. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 19. Amendment
Note • History
The Trustees retain authority, pursuant to law, to add, amend, or repeal any of their regulations including but not limited to those relating to tenure, layoff, dismissal, demotion, suspension or reinstatement of academic and administrative employees, in whole or in part, at such time as they may choose.
NOTE
Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
HISTORY
1. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 77, No. 1.
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 20. California State University--Conflict of Interest Code
NOTE: It having been found, pursuant to Government Code Section 11409(a), that the printing of the regulations constituting the California State University Conflict of Interest Code is impractical and these regulations being of limited and particular application, these regulations are not published in full in the California Code of Regulations. The regulations are available to the public for review or purchase at cost at the following locations:
THE CALIFORNIA STATE UNIVERSITY
401 GOLDEN SHORE, 4TH FLOOR
LONG BEACH, CALIFORNIA 90802
FAIR POLITICAL PRACTICES COMMISSION
1100 K STREET
SACRAMENTO, CALIFORNIA 95814
ARCHIVES
SECRETARY OF STATE
1020 “O” STREET
SACRAMENTO, CALIFORNIA 95814
The California State University Conflict of Interest Code is designated as Article 20 of Subchapter 7, Chapter 1, Division 5 of Title 5 of the California Code of Regulations and consists of sections numbered and titled as follows:
Article 20. California State University--Conflict
of Interest Code
Section
43810. General Provisions
Appendix
NOTE
Authority cited: Sections 87300 and 87304 Government Code. Reference: Sections 87300, et. seq., Government Code.
HISTORY
1. New article 20 (sections 43810-43820, Exhibits A and B) filed 6-26-78; effective thirtieth day thereafter. Approved by Fair Political Practices Commission (Register 78, No. 26).
2. Repealer of article 20 (sections 43810-43820 and Exhibits A and B) and new article 20 (section 43810 and Appendix) filed 2-26-81; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 12-1-80 (Register 81, No. 9).
3. Amendment of Appendix filed 12-19-84; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 12-4-84 (Register 84, No. 51).
4. Amendment of Appendix filed 3-21-86; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 2-4-86 (Register 86, No. 12).
5. Amendment of General Provisions and Appendix filed 6-23-94; operative 7-25-94. Submitted to OAL for printing only. Approved by Fair Political Practices Commission 2-17-94 (Register 94, No. 25).
6. Amendment of agency address filed 11-28-2001; operative 11-28-2001. Submitted to OAL for printing only (Register 2001, No. 50).
7. Amendment of appendix filed 12-7-2005; operative 12-7-2005. Approved by Fair Political Practices Commission 3-9-2005 (Register 2005, No. 49).
Article 21. Effect of Memorandum of Understanding on Subchapter
§43825. Memorandum of Understanding.
Note • History
Notwithstanding any other provision of this subchapter, if a Memorandum of Understanding entered into pursuant to the Higher Education Employer-Employee Relations Act is in conflict with provisions in this subchapter, the terms of the Memorandum of Understanding and not the provisions of this subchapter shall govern as to those employees covered by the Memorandum of Understanding.
NOTE
Authority cited: Sections 66600, 89030 and 89500, Education Code. Reference: Section 3560, et seq., Government Code.
HISTORY
1. New Article 21 (Section 43825) filed 8-11-82; effective thirtieth day thereafter (Register 82, No. 33).
Subchapter 8. Environmental Quality
Article 1. General
Note • History
The regulations adopted under this Subchapter implement the requirements of the California Environmental Quality Act of 1970, and the Statewide Guidelines issued by the Resources Agency, pursuant to Public Resources Code Section 21082.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code; and Section 21082, Public Resources Code. Reference: Section 21082, Public Resources Code.
HISTORY
1. New Subchapter 8 (Sections 43850-43854, 43860, 43861) filed 10-12-73; effective thirtieth day thereafter (Register 73, No. 41).
2. Repealer of Subchapter 8 (Sections 43850-43861, not consecutive) and new Subchapter 8 (Sections 43850-43861, not consecutive) filed 4-26-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment of NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
4. Amendment of NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
(a) Environmental Documents. “Environmental Documents” means Draft and Final Environmental Impact Reports, Environmental Impact Statements, Initial Studies, Negative Declarations, Notices of Completion, Notices of Determination, and any other studies, reports, or documents required of the Trustees by environmental legislation or applicable administrative rules.
(b) Ministerial Projects. The term “Ministerial Projects” refers to projects in which the Trustees' actions involve only the use of fixed standards or objective measurements without personal judgment. Ministerial projects are not covered by the Environmental Quality Act of 1970; they therefore do not require an environmental study or the preparation of an Environmental Document.
(c) Project. (1) The term “Project” refers to the whole of an action, which has a potential for resulting in a physical impact on the environment, directly or ultimately, that is any of the following:
(A) An activity directly undertaken by the Trustees including ut not limited to, public works construction or related activities, clearing or grading of land and improvements to existing public structures, which will result in a physical change in the environment; and the adoption of a new campus Master Plan or substantial revisions thereof.
(B) An activity undertaken by a person which is supported in whole or in part through contracts, grants, subsidies, loans, or other forms of assistance from the Trustees which will result in a physical change in the environment.
(C) The issuance by the Trustees of a lease, permit, license, or other entitlement for use to a person which use will result in a physical change in the environment.
(2) The term “Project” refers to the activity which is being approved and which may be subject to several discretionary approvals by governmental agencies. The term “Project” does not mean each separate governmental approval.
(3) The term “Project” does not include:
(A) Anything specifically exempted by state law.
(B) Proposals for legislation to be enacted by the state Legislature other than Trustee requests for authorization of funding independently from the Budget Act.
(C) Continuing administrative or maintenance activities such as purchases for supplies, personnel-related actions, emergency repairs to public service facilities, academic and other general policy and procedures making (except as they are applied to specific instances covered above), feasibility or planning studies.
(D) The submittal of proposals to a vote of the people of the state or of a particular community.
(E) Personnel actions.
(F) Ministerial projects.
(d) Statewide Guidelines. The term “Statewide Guidelines” means the official regulations on environment applicable to all state agencies including the Trustees, as adopted by the Office of Planning and Research and the Secretary for the Resources Agency pursuant to Public Resources Code Section 21083. These regulations may be found in Chapter 3, Division 6 of Title 14, California Administrative Code, commencing with Section 15000.
(e) Trustees. As used in this subchapter, “Trustees” refers to the Board designated by Education Code Section 66600 and to the Board's authorized officers acting within the scope of their duties.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code; and Section 21082, Public Resources Code. Reference: Section 21082, Public Resources Code.
HISTORY
1. Amendment of subsection (e) filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
2. Amendment of subsection (d) filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
The purpose of these regulations is to provide for the principles, procedures, objectives, criteria and definitions to be used by the California State University in implementation of the California Environmental Quality Act of 1970. The orderly evaluation of a project must include consideration of the project's effects, if any, on the environment. This requires that initial studies be made on every project to determine if it will have a significant environmental effect. Environmental Documents will then be prepared and considered as a part of the planning process for all projects.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code; and Section 21082, Public Resources Code. Reference: Section 21082, Public Resources Code.
HISTORY
1. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39). Reference: Section 21082, Public Resources Code
Article 2. Guidelines
Note • History
These Guidelines have only general application to the diversity of projects undertaken or approved by the Trustees. They provide basic principles, objectives, criteria and definitions which are to be applied to the study of specific projects connected with the Trustees under procedures adopted pursuant to the delegation of authority provided in this Subchapter.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code; and Section 21082, Public Resources Code. Reference: Section 21082, Public Resources Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
Procedures adopted under these Guidelines shall comply with the applicable requirements of the Statewide Guidelines.
NOTE
Authority cited: Sections 66600, 89030, and 89035, Education Code; and Section 21082, Public Resources Code. Reference: Section 21082, Public Resources Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 3. Authority to Adopt New Rules, Orders and Procedures
§43860. Delegation of Authority.
Note • History
The Chancellor or designee is authorized to adopt such rules, orders, and procedures as may be necessary or appropriate to carry out these guidelines, including but not limited to:
(a) The designation of the appropriate officers or employees to conduct initial studies, order, prepare, review and make findings on Environmental Documents, and make such other decisions and determinations as are required under the procedures established by this Subchapter and the Statewide Guidelines.
(b) The issuance of new rules or procedures to conform the policies of the Trustees to changes in the Statewide Guidelines or any other requirements of state or federal law.
(c) Establishing fees pursuant to Education Code Sections 90500 and 89700, Public Resources Code Section 21089 and the Statewide Guidelines.
(d) Making application for the designation of categorical exemptions.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code; and Section 21082, Public Resources Code. Reference: Section 21082, Public Resources Code.
HISTORY
1. Amendment of subsection (c) filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
Persons designated pursuant to subdivision (a) of Section 43860 are authorized to order, prepare, and review Environmental Documents and to make such findings and determinations as are provided for under the California Environmental Quality Act of 1970, the Statewide Guidelines, and other environmental legislation and administrative rules applicable to the Trustees.
NOTE
Authority cited: Sections 66600, 89030 and 89035, Education Code; and Section 21082, Public Resources Code. Reference: Section 21082, Public Resources Code.
HISTORY
1. New NOTE filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
Subchapter 9. Contracts and Purchases
Article 1. Disabled Veteran Business Enterprise Participation Goal for California State University Contracts
Note • History
Contracts of the Trustees under the California State University Contract Law (Public Contract Code, section 10700 et seq.) and contracts of the Trustees under section 10295 of the Public Contract Code shall comply with the DVBE provisions of article 1.5 (commencing with section 10115 of chapter 1 of part 2 of division 2 of the Public Contract Code and these regulations.
NOTE
Authority cited: Section 89030, Education Code; and Section 10115.3(b), Public Contract Code. Reference: Sections 10115 et seq., 10290 et seq., 10700 et seq., 12100 et seq. and 12120 et seq., Public Contract Code.
HISTORY
1. New section filed 2-7-91; operative 3-9-91 (Register 91, No. 33).
2. Amendment of article heading filed 11-19-93; operative 11-19-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 47).
3. Amendment filed 7-31-95; operative 8-30-95 (Register 95, No. 31).
4. Amendment of article heading and section filed 8-5-98; operative 8-5-98 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only (Register 98, No. 39).
Note • History
As used in these regulations:
(a) “Trustees,” for the purposes of this subchapter, means the Board of Trustees of the California State University created by section 66600 of the Eduction Code, and includes any division or campus thereof which has been delegated the authority to enter into contracts on behalf of the Trustees, and any person acting under authority of such delegation.
(b) “DVBE” means disabled veteran business enterprise.
(c) The term “contract” shall have the meaning set forth in section 10115.1 of the Public Contract Code.
(d) The term “disabled veteran business enterprise” (“DVBE”) shall mean a business concern meeting the criteria of Military and Veterans Code Section 999(g).
(e) “Bidder” means any person or entity making an offer or proposal, competitively or noncompetitively, for the purpose of securing the awarding or letting of a contract by the Trustees.
NOTE
Authority cited: Section 89030, Education Code; and Section 10115.3(b), Public Contract Code. Reference: Sections 10115, et seq., 10290 et seq., 10700 et seq., 12100 et seq. and 12120 et seq., Public Contract Code; and Section 999(g) Military and Veterans Code.
HISTORY
1. New section filed 2-7-91; operative 3-9-91 (Register 91, No. 33).
2. Amendment of subsection (b), new subsection (d) and subsection relettering, and amendment of Note filed 11-19-93; operative 11-19-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 47).
3. Amendment of subsections (b) and (c) filed 8-5-98; operative 8-5-98 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only (Register 98, No. 39).
§43872. Disabled Veteran Business Enterprise Goal.
Note • History
In addition to other State contracting requirements, to qualify as a responsive bidder, a bidder may be required to meet the statewide participation goal, or demonstrate that a good faith effort was made to meet it, or, for contracts for materials, supplies, or equipment, including electronic data processing goods and services, have filed prior to the date for submitting an offer or proposal with the Trustees, a disabled veterans business enterprise utilization plan with the Department of General Services.
NOTE
Authority cited: Section 89030, Education Code; and Section 10115.3(b), Public Contract Code. Reference: Sections 10115 et seq., 10290 et seq., 10700 et seq., 12100 et seq. and 12120 et seq., Public Contract Code.
HISTORY
1. New section filed 2-7-91; operative 3-9-91 (Register 91, No. 33).
2. Amendment of section and Note filed 11-19-93; operative 11-19-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 47).
3. Amendment filed 7-31-95; operative 8-30-95 (Register 95, No. 31).
4. Amendment of section heading and section filed 8-5-98; operative 8-5-98 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only (Register 98, No. 39).
§43873. Meeting the Goal or Making a Good Faith Effort.
Note • History
(a) The requirement to meet the DVBE goal or make a good faith effort to meet it must be satisfied, at the time of bid opening, by meeting the provisions of (b) or (c) below.
(b) The requirement for meeting the DVBE goal shall be deemed to have been met if a bidder is a disabled veteran business enterprise and committed to performing not less than 3 percent of the dollar amount of the bid with its own forces, or is committed to use DVBEs for not less than 3 percent of the dollar amount of the bid.
(c) The requirement for making a good faith effort to meet the DVBE goal shall be determined as follows: the Trustees shall evaluate the effort made by the bidder to seek out and consider disabled veteran business enterprises as potential subcontractors, materials and equipment suppliers, or both in order to meet the requirement set forth in subdivision (b). In evaluating such effort, the Trustees shall consider written evidence of the actions specified in Public Contract Code, section 10115.2(b). Based on this evaluation, the Trustees, in its sole discretion, may make a finding that the good faith effort requirement has been met.
NOTE
Authority cited: Section 89030, Education Code; and Section 10115.3(b), Public Contract Code. Reference: Sections 10115 et seq., 10290 et seq., 10700 et seq., 12100 et seq. and 12120 et seq., Public Contract Code.
HISTORY
1. New section filed 2-7-91; operative 3-9-91 (Register 91, No. 33).
2. Amendment of subsections (b)(1), (b)(2) and (c), new subsection (b)(3), subsection renumbering, and amendment of Note filed 11-19-93; operative 11-19-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 47).
3. Amendment of section heading and section filed 8-5-98; operative 8-5-98 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only (Register 98, No. 39).
Note • History
(a) If a bidder fails to meet the “good faith effort” requirement of section 43873 and, for contracts for materials, supplies, or equipment, including electronic data processing goods and services, fails to have filed prior to the date for submitting an offer or proposal with the Trustees a disabled veterans business enterprise utilization plan with the Department of General Services, such bidder shall be deemed not to be a responsive bidder for purposes of Trustees' evaluation of an award of contract and is thus ineligible for an award. No provision of these regulations, however, shall be deemed to require the Trustees to make an award.
(b) With respect to invitations for bid for the purchase of supplies or equipment pursuant to the provisions of article 3 of chapter 2 of part 2 of division 2 of the Public Contract Code or the acquisition of goods and services pursuant to the provisions of chapter 3 of part 2 of division 2 of the Public Contract Code (commencing with section 12100) where the Trustees have reserved the right to make multiple awards of a single contract award, a bidder shall be deemed responsive regarding the requirement for the making of a good faith effort if there would be compliance with the provisions of section 43873 based on award for a single contract, notwithstanding such bidder may be unable to achieve compliance with the established goals if the Trustees exercise the right to make multiple awards.
(c) The statutory goals for awards of contracts under these provisions shall apply to the overall amount expended each year by the Trustees, and need not be met by every individual contract.
NOTE
Authority cited: Section 89030, Education Code; and Section 10115.3(b), Public Contract Code. Reference: Sections 10115 et seq., 10290 et seq., 10700 et seq., 12100 et seq. and 12120 et seq., Public Contract Code.
HISTORY
1. New section filed 2-7-91; operative 3-9-91 (Register 91, No. 33).
2. New subsection (c) and amendment of Note filed 11-19-93; operative 11-19-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 47).
3. Amendment of subsection (a) filed 7-31-95; operative 8-30-95 (Register 95, No. 31).
4. Amendment of subsection (a) filed 8-5-98; operative 8-5-98 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only (Register 98, No. 39).
Article 2. Disabled Veteran Business Enterprise Participation Goal for Professional Bond Services
Note • History
These regulations implement Sections 999.1-999.9 of the Military and Veterans Code which establish a disabled veteran enterprise participation goal for professional bond services contracts for issuance of bonds by or on behalf of the State of California.
NOTE
Authority cited: Section 89030, Education Code; and Section 999.5(b), Military and Veterans Code. Reference: Section 89036, Education Code; and Section 999 et seq., Military and Veterans Code.
HISTORY
1. New section filed 2-7-91; operative 3-9-91 (Register 91, No. 33).
2. Amendment of article heading, section and Note filed 11-19-93; operative 11-19-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 47).
3. Amendment of article heading, section and Note filed 11-27-2001; operative 11-27-2001. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2002, No. 4).
Note • History
The terms used in this article shall have the meanings described in Military and Veterans Code, section 999.
NOTE
Authority cited: Section 89030, Education Code; and Section 999.5(c), Military and Veterans Code. Reference: Section 89036, Education Code; and Section 999 et seq., Military and Veterans Code.
HISTORY
1. New section filed 2-7-91; operative 3-9-91 (Register 91, No. 33).
2. Repealer and new section filed 11-19-93; operative 11-19-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 47).
3. Amendment of section and Note filed 11-27-2001; operative 11-27-2001. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2002, No. 4).
Note • History
The Treasurer maintains a list of target business enterprises (TBE) which include disabled veteran business enterprises (DVBE's). The list is organized by the types of professional bond services (e.g., underwriters, bond counsels, financial advisors). The list shall be known as the “TBE List.” The Trustees shall use this list as evidence that TBE's meet the requirements of law. Applications for inclusion on this list, and appeals from determinations of the Treasurer, may be made in accordance with California Code of Regulations, title 2, sections 1899.510 et seq.
NOTE
Authority cited: Section 89030, Education Code; and Section 999.5(b), Military and Veterans Code. Reference: Section 89036, Education Code; and Section 999 et seq., Military and Veterans Code.
HISTORY
1. New section filed 2-7-91; operative 3-9-91 (Register 91, No. 33).
2. Repealer and new section filed 11-19-93; operative 11-19-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 47).
3. Amendment of section and Note filed 11-27-2001; operative 11-27-2001. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2002, No. 4).
Note • History
(a) Notices. If bonds are to be sold by competitive bid, the notice of sale shall:
(1) Be delivered to all underwriters on the TBE List;
(2) Contain, in substance, the following statement:
“Firms owned by disabled veterans are encouraged to respond to this invitation for bid. The Trustees have adopted regulations and a participation goal for professional bond services firms owned by disabled veterans. All bidders must certify awareness of these regulations and goal. Successful bidders will be required to submit reports to the Trustees concerning TBE outreach efforts and professional bond service participation in transactions related to the offer and sale of the bonds that are the subject of this notice of sale.”
(b) Bids.
(1) The form for submitting bids shall contain, in substance, the following certification which shall be executed by the bidder:
“Bidder certifies that bidder is aware of the Trustees' regulations and participation goal for TBE's offering professional bond services.”
(2) The Senior Managing Underwriter may make the certification required by subdivision (a) on behalf of the syndicate or selling group.
(c) Goals for Competitive Contract. The Trustees' annual goal for TBE participation in competitive contracts for professional bond services shall be 3 percent for disabled veteran business enterprises for each of the professional bond services. This goal need not be met in every competitive bond transaction but will be pursued on an aggregate annual basis considering all competitive bond transactions during a year. This goal will also be described in each notice of sale for bonds to be sold by competitive bid.
(d) Reports. The Senior Managing Underwriter in a competitive sale of bonds shall submit a written report regarding distribution of the underwriter's discount to the Trustees within 10 days of closing a transaction where the Senior Managing Underwriter's services were used.
NOTE
Authority cited: Section 89030, Education Code; and Section 999.5(b), Military and Veterans Code. Reference: Section 89036, Education Code; and Section 999 et seq., Military and Veterans Code.
HISTORY
1. New section filed 2-7-91; operative 3-9-91 (Register 91, No. 33).
2. Amendment of section and Note filed 11-19-93; operative 11-19-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 47).
3. Amendment of section and Note filed 11-27-2001; operative 11-27-2001. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2002, No. 4).
Note • History
(a) Goal. The statutory goal for professional bond services in connection with bonds sold in negotiated transactions need not be met in every individual contract for services but will be pursued on an aggregate annual basis considering all contracts for professional bond services during a year. Thus, during the course of a year, there may be contracts without TBE participation and contracts with TBEs as prime contractor or TBE participation substantially higher than the statutory goal.
(b) TBE Qualifications. TBEs shall be considered for only those contracts or participation in contracts commensurate with their experience, capital, and compliance with applicable licensing requirements.
(c) Reports. The Senior Managing Underwriter in a negotiated sale of bonds shall submit a written report regarding distribution of the underwriter's discount to the Trustees within 10 days of closing a transaction where the Senior Managing Underwriter's services were used.
NOTE
Authority cited: Section 89030, Education Code; and Section 999.5(b), Military and Veterans Code. Reference: Section 89036, Education Code; and Section 999 et seq., Military and Veterans Code.
HISTORY
1. New section filed 2-7-91; operative 3-9-91 (Register 91, No. 33).
2. Amendment of subsections (a) and (b) and Note filed 11-19-93; operative 11-19-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 47).
3. Amendment of section and Note filed 11-27-2001; operative 11-27-2001. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2002, No. 4).
Division 6. California Community Colleges
Chapter 1. Board of Governors
Subchapter 1. Board of Governors' Procedures
NOTE
Authority cited: Section 71020, Education Code. Reference: Sections 71000 and 71020, Education Code.
HISTORY
1. Repealer of Part VI (Subchapters 1, 2, 4, 4.1, 4.5, 5, 5.5) and new Part VI, Divisions 1 through 8 ( §§ 50000-57121, not consecutive) filed 4-13-70; effective thirtieth day thereafter (Register 70, No 16). For prior history, see Register 69, Nos. 6, 19, 43 and 52.
2. Amendment of NOTE filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
3. Repealer of Chapter 1 (Sections 50000-50014) and new Chapter 1 (Sections 50000-50156, not consecutive) filed 5-17-78 as procedural and organizational; effective upon filing (Register 78, No. 20).
4. Repealer of Chapter 1 (Sections 50000-50156, not consecutive) and new Chapter 1 (Sections 50000-50073, not consecutive) filed 8-9-82; effective thirtieth day thereafter (Register 82, No. 33). For prior history, see Registers 81, No. 12; 81, No. 3; 79, No. 46; 79, No. 32; 78, No. 20; and 77, No. 9.
5. Repealer of Chapter 1 (Articles 1-8, Sections 50000-50073, not consecutive) filed 6-8-83; effective thirtieth day thereafter (Register 83, No. 24).
§50001. Selection of President and Vice President.
Note • History
The Board annually shall select two of its members as president and vice president, respectively.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 15).
§50002. Student Senate for California Community Colleges.
Note • History
(a) A Student Senate for the California Community Colleges has been established in conjunction with local associated student organizations so that the community college students of California may have a formal and effective means for participating in the formation of state policies that have or may have a significant impact on students.
(b) The Board of Governors recognizes the Student Senate for the California Community Colleges as the representative of community college-associated student organizations before the Board of Governors and the Chancellor's Office.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 8-9-96; operative 9-8-96. Submitted to OAL for printing only (Register 96, No. 33).
Subchapter 2. Board of Governors of the California Community Colleges--Conflict of Interest Code
The Political Reform Act, Government Code sections 81000, et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation, California Code of Regulations, title 2, section 18730, which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of California Code of Regulations, title 2, section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the Board of Governors of the California Community Colleges.
Designated employees shall file their statements with the California Community Colleges Chancellor's Office, which will make the statements available for public inspection and reproduction. (Gov. Code, § 81008). Upon receipt of the statements for the Board of Governors and the Chancellor, the agency shall make and retain a copy and forward the original to the Fair Political Practices Commission. Statements for all other designated employees will be retained by the agency.
Appendix
Disclosure
Designated Employees Categories
Board of Governors
Members 1, 4
Executive Office
Chancellor 1, 4
Executive Vice Chancellor 1, 4
Director 1, 4
Specialist/Employment and Certification 2, 4
Communications Division
Vice Chancellor 1, 4
Director 1, 4
Legal Affairs Division
Vice Chancellor and General Counsel 1, 4
Staff Counsel, all levels 1, 4
Consultants* 2
Governmental Relations Division
Vice Chancellor 1, 4
Director 1, 4
Administrator/Academic Planning and Development 1
Specialist/Academic Planning and Development 2
Specialist/Employment and Certification 2, 4
Consultants* 2
Technology, Research, and Information Services Division
Vice Chancellor 1, 4
Administrator/Academic Planning and Development 1
Data Processing Manager II 1
Specialist/Information Systems and Analysis 2
Senior Information Systems Analyst (Specialist) 3
Staff Information Systems Analyst (Supervisor) 3
Staff Information Systems Analyst (Specialist) 3
Senior Programmer Analyst (Specialist) 3
Staff Programmer Analyst (Specialist) 3
Systems Software Specialist II (Technical) 3
Systems Software Specialist III (Technical) 3
Systems Software Specialist III (Supervisor) 3
Consultants* 2
College Finance and Facilities Planning Division
Vice Chancellor 1, 4
Director 1, 4
Administrator/Fiscal Planning and Administration 1
Administrator/Facilities Planning and Utilization 1
Specialist/Fiscal Planning and Administration 2
Specialist/Facilities Planning and Utilization 2
Consultants* 1
Student Services and Special Programs Division
Vice Chancellor 1, 4
Administrator/Student Services Planning and Development 1
Specialist/Student Services Planning and Development 2
Consultants* 2
Economic Development and Workforce Preparation Division
Vice Chancellor 1, 4
Administrator/Vocational Education 1, 4
Specialist/General Vocational Education 2
Consultants* 2
Academic Affairs Division
Vice Chancellor 1, 4
Administrator/Academic Planning and Development 1, 4
Specialist/Academic Planning and Development 2
Specialist/General Vocational Education 2
Consultants* 2
Internal Operations Division
Director 1, 4
Accounting Administrator II (Supervisor) 3
Associate Business Management Analyst 3
Business Services Officer I (Specialist) 3
Business Services Assistant (Specialist) 3
Staff Services Manager II (Supervisor) 3
Staff Services Manager I 3
Consultants* 2
---------
*Note: With respect to consultants, the Chancellor may determine in writing that a particular consultant, although a “designated person,” is hired to perform a range of duties that is limited in scope and thus is not required to comply with the disclosure requirements described in this section. Such determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Chancellor's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code, § 81008.) Nothing herein excuses any such consultant from any other provision of the Conflict of Interest Code.
Disclosure Categories
1. Designated employees in Category 1 must report the following:
(a) All interests in real property in the State of California.
(b) Any investment or business position in a business entity, or any source of income (including gifts, loans, and travel payments), if the business entity or source of income is engaged in publishing, manufacturing, selling, or leasing:
(1) Instructional materials;
(2) Equipment; or
(3) Services, including training or consulting services; when such materials, equipment or services are of the type utilized by community college districts or the Board of Governors or Chancellor's Office.
(c) Any investment or business position in a business entity, or any source of income (including gifts, loans and travel payments), if the business entity or source of income is engaged in selling or leasing real estate which is utilized by community college districts or the Board of Governors or Chancellor's Office.
2. Designated employees in Category 2 must report the following:
(a) Any investment or business position in a business entity, or any source of income (including gifts, loans, and travel payments), if the business entity or source of income is engaged in publishing, manufacturing, selling or leasing:
(1) Instructional materials;
(2) Equipment; or
(3) Services, including training or consulting services; when such materials, equipment or services are of the type utilized by community college districts or the Board of Governors or Chancellor's Office.
3. Designated employees in Category 3 must report the following:
(a) Any investment or business position in a business entity, or any source of income (including gifts, loans, and travel payments), if the business entity or source of income is engaged in publishing, manufacturing, selling or leasing:
(1) Instructional materials;
(2) Equipment; or,
(3) Services, including training or consulting services; when such materials, equipment or services are of the type utilized by the Board of Governors or Chancellor's Office.
4. Designated employees in Category 4 must report the following:
(a) Any investment or business position in a business entity, or any source of income (including gifts, loans, and travel payments), if the business entity or source of income provides education, training, or experience to persons toward meeting minimum qualifications for employment in a community college district.
NOTE
Authority cited: Sections 87300 and 87307, Government Code. Reference: Sections 89503, 89505 and 87300 et seq., Government Code.
HISTORY
1. Repealer and new section filed 10-28-91; operative 11-27-91. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 92, No. 7).
2. Amendment of Appendix filed 5-27-93; operative 6-25-93. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 93, No. 22).
3. Amendment of Appendix filed 3-10-94; operative 4-11-94. Submitted to OAL for printing only. Approved by Fair Political Practices Commission 1-25-94 (Register 94, No. 10).
4. Amendment of section and Appendix filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
5. Amendment of section and Appendix filed 2-9-98; operative 3-11-98. Submitted to OAL for printing only. Approved by Fair Political Practices Commission 9-10-97 (Register 98, No. 7).
6. Amendment of Appendix filed 4-17-2000; operative 5-17-2000. Submitted to OAL for printing only. Approved by Fair Political Practices Commission 9-23-99 (Register 2000, No. 16).
7. Amendment of Appendix filed 3-20-2002; operative 4-19-2002. Approved by Fair Political Practices Commission 3-8-2002 (Register 2002, No. 13).
8. Amendment of Appendix filed 11-21-2003; operative 12-21-2003. Approved by Fair Political Practices Commission 9-5-2003 (Register 2003, No. 48).
9. Amendment of general provisions and appendix filed 9-28-2005; operative 10-28-2005. Submitted to OAL for printing only. Approved by Fair Political Practices Commission 8-29-2005 (Register 2005, No. 40).
10. Amendment of appendix filed 6-27-2007; operative 7-27-2007. Submitted to OAL for printing only. Approved by Fair Political Practices Commission 6-4-2007 (Register 2007, No. 32).
11. Amendment of section and Appendix filed 8-5-2009; operative 9-4-2009. Approved by Fair Political Practices Commission 7-9-2009 (Register 2009, No. 35).
12. Editorial correction of Appendix (Register 2011, No. 10).
Subchapter 3. Committees [Repealed]
HISTORY
1. Repealer of Chapter 3 (Sections 50200-50208) filed 5-17-78 as procedural and organizational; effective upon filing (Register 78, No. 20). For prior history, see Registers 77, No. 45 and 70, No. 16.
Subchapter 4. Coordinating Council of Higher Education [Repealed]
HISTORY
1. Repealer of Chapter 4 (Sections 50300 and 50301) filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45). For prior history, see Register 70, No. 44.
Subchapter 5. Chancellor [Repealed]
HISTORY
1. Repealer of Chapter 5 (Sections 50400-50407) filed 5-17-78 as procedural and organizational; effective upon filing (Register 78, No. 20). For prior history, see Registers 77, No. 45 and 70, No. 44.
Subchapter 6. Board of Governors and Chancellor's Office--Conflict of Interest Code [Renumbered]
HISTORY
1. Redesignation of Chapter 6 (Sections 50500-50510, Exhibits A and B) to Chapter 1, Article 10 (Sections 50500-50510, Exhibits A and B) filed 5-16-78 as procedural and organizational; effective upon filing (Register 78, No. 20). For prior history, see Register 77, No. 9.
Chapter 2. Community College Standards
Subchapter 1. Minimum Conditions
Note • History
The provisions of this chapter are adopted under the authority of Education Code section 70901(b)(6) and comprise the rules and regulations fixing and affirming the minimum conditions, satisfaction of which entitles a district maintaining community colleges to receive state aid, including state general apportionment, for the support of its community colleges.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66700 and 70901, Education Code.
HISTORY
1. Repealer of chapter 1 (section 51000) and new chapter 1 (sections 51000-51021, not consecutive) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29). For history of former chapter 1, see Registers 81, No. 4 and 77, No. 45.
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
4. Editorial correction of History 2 (Register 95, No. 15).
5. Amendment filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§51002. Standards of Scholarship.
Note • History
The governing board of a community college district shall:
(a) adopt regulations consistent with the standards of scholarship contained in articles 2 through 5 (commencing with section 55020) of subchapter 1 of chapter 6;
(b) file a copy of its regulations, and any amendments thereto, with the Chancellor; and
(c) substantially comply with its regulations and the regulations of the Board of Governors pertaining to standards of scholarship.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Editorial correction of History 1 (Register 95, No. 15).
4. Amendment of subsection (a) filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
§51004. Degrees and Certificates.
Note • History
The governing board of a community college district shall:
(a) adopt regulations consistent with regulations contained in articles 6 and 7 (commencing with section 55060) of subchapter 1 of chapter 6;
(b) file a copy of its regulations and any amendments thereto with the Chancellor; and
(c) substantially comply with its regulations and the regulations of the Board of Governors pertaining to degrees and certificates.
NOTE
Authority cited: Sections 66700, and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Editorial correction of History 1 (Register 95, No. 15).
4. Amendment of subsection (a) filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
Note • History
(a) The governing board of a community college district shall adopt by resolution the following or a comparable statement: “The policy of this district is that, unless specifically exempted by statute or regulation, every course, course section, or class, reported for state aid, wherever offered and maintained by the district, shall be fully open to enrollment and participation by any person who has been admitted to the college(s) and who meets such prerequisites as may be established pursuant to section 55003 of of division 6 of title 5 of the California Code of Regulations.”
(b) The statement of policy adopted by the board pursuant to subdivision (a) shall be published in the official catalog, schedule of classes, and addenda to the schedule of classes for which full-time equivalent student (FTES) is reported for state apportionment. A copy of the statement shall also be filed with the Chancellor.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 78020 et seq., Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment filed 10-5-93; operative 11-4-93. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 93, No. 42).
3. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
4. Editorial correction of History 1 (Register 95, No. 15).
5. Amendment filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
Note • History
(a) The governing board of a community college district shall establish policies for, and approve, comprehensive or master plans which include academic master plans and long range master plans for facilities. The content of such plans shall be locally determined, except that the plans shall also address planning requirements specified by the Board of Governors.
(b) Such plans, as well as any annual updates or changes to such plans, shall be submitted to the Chancellor's Office for review and approval in accordance with Section 70901(b)(9) of the Education Code and with regulations of the Board of Governors pertaining to such plans.
NOTE
Authority cited: Sections 66700, 70901 and 81805, Education Code. Reference: Sections 70901, 70902, 71020.5, 81820, 81821 and 81822, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Editorial correction of History 1 (Register 95, No. 15).
§51010. Equal Employment Opportunity.
Note • History
The governing board of a community college district shall:
(a) adopt a district policy which describes its equal employment opportunity program and meets the requirements of section 53002;
(b) develop and adopt a district equal employment opportunity plan which meets the requirements of section 53003;
(c) ensure that its employment patterns are annually surveyed in the manner required by section 53004;
(d) ensure that a program of recruitment is carried out as required by section 53021;
(e) ensure that screening and selection procedures are developed and used in accordance with section 53024;
(f) ensure that, where necessary, additional steps are taken consistent with the requirements of section 53006;
(g) ensure that the pattern of hiring and retention, when viewed over time, is consistent with the objectives established in the district's equal employment opportunity plan; and
(h) substantially comply with the other provisions of subchapter 1 (commencing with section 53000) of chapter 4.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes 1988, Chapter 923, Section 4; Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and Sections 11135-11139.5, Government Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
3. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
4. Editorial correction of History 1 (Register 95, No. 15).
5. New subsection (f), subsection relettering and amendment of newly designated subsection (g) and Note filed 5-31-96; operative 6-30-96. Submitted to OAL for printing only (Register 96, No. 23).
6. Amendment of section heading, section and Note filed 7-12-2002; operative 8-11-2002. Submitted to OAL for printing only (Register 2002, No. 35).
Note • History
The governing board of a community college district may only establish such mandatory student fees as it is expressly authorized to establish by law.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 15).
§51014. Approval of New Colleges and Educational Centers.
Note • History
(a) The governing board of a community college district planning the formation of a new college or educational center shall obtain approval for such college or educational center from the Board of Governors. Approval shall be obtained before classes begin at the new college or educational center.
(b) The provisions of article 4 (commencing with section 55180) of subchapter 2 of chapter 6 shall govern the approval of new colleges and educational centers.
NOTE
Authority cited: Sections 66700, 70901 and 81805, Education Code. Reference: Sections 66700 and 70901, and articles 1, 2, and 3 (commencing with section 81800) of chapter 4, part 49, title 3, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Editorial correction of History 1 (Register 95, No. 15).
4. Amendment of subsection (b) and amendment of Note filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
Note • History
Each community college within a district shall be an accredited institution. The Accrediting Commission for Community and Junior Colleges shall determine accreditation.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Editorial correction of History 1 (Register 95, No. 15).
§51016.5. Emergency Exception to Accreditation Requirement.
Note • History
Notwithstanding section 51016, the Chancellor may continue to allocate state funds to any community college district which operates a college that has had its accreditation terminated by the Accrediting Commission for Junior Colleges on or before September 30, 2006.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 7-14-2006 by Board of Governors of California Community Colleges with the Secretary of State; operative 7-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 2006, No. 30).
Note • History
(a) The governing board of a community college district shall adopt regulations and procedures consistent with the provisions of this section. A copy of district regulations and procedures, as well as any amendments, shall be filed with the Chancellor's Office.
(b) The governing board of a community college district shall provide and publicize an organized and functioning counseling program in each college within the district. Counseling programs shall include, but not be limited to, the following:
(1) academic counseling, in which the student is assisted in assessing, planning, and implementing his or her immediate and long-range academic goals;
(2) career counseling, in which the student is assisted in assessing his or her aptitudes, abilities, and interests, and is advised concerning the current and future employment trends;
(3) personal counseling, in which the student is assisted with personal, family, or other social concerns, when that assistance is related to the student's education; and
(4) coordination with the counseling aspects of other services to students which may exist on the campus, including, but not limited to, those services provided in programs for students with special needs, skills testing programs, financial assistance programs, and job placement services.
(c) Counseling services as specified in Subsection (b)(1), (2), and (3) shall be provided to first-time students enrolled for more than six units, students enrolled provisionally, and students on academic or progress probation.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 72620, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Editorial correction of History 1 (Register 95, No. 15).
Note • History
Each community college shall have stated objectives for its instructional program and for the functions which it undertakes to perform.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 15).
Note • History
Each community college shall establish such programs of education and courses as will permit the realization of the objectives and functions of the community college. All courses shall be approved by the Chancellor in the manner provided in Subchapter 1 (commencing with Section 55000) of Chapter 6.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 71020.5, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Editorial correction of History 1 (Register 95, No. 15).
§51022. Instructional Programs.
Note • History
(a) Within six months of the formation of a community college district, the governing board shall adopt and carry out its policies for the establishment, modification, or discontinuance of courses or programs. Such policies shall incorporate statutory responsibilities regarding vocational or occupational training program review as specified in section 78016 of the Education Code.
(b) Within six months of the formation of a community college district, the governing board shall adopt and carry out its policies and procedures to provide that its courses and programs are articulated with proximate baccalaureate colleges and high schools.
NOTE
Authority cited: Sections 66700, 70901 and 78401, Education Code. Reference: Sections 70901, 70902 and 78016, Education Code.
HISTORY
1. New section filed 6-27-84; effective thirtieth day thereafter (Register 84, No. 26).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 15).
4. Amendment of section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
The governing board of a community college district shall:
(a) adopt a policy statement on academic freedom which shall be made available to faculty;
(b) adopt procedures which are consistent with the provisions of sections 53200-53206, regarding the role of academic senates and faculty councils;
(c) substantially comply with district adopted policy and procedures adopted pursuant to subdivisions (a) and (b).
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 6-27-84; effective thirtieth day thereafter (Register 84, No. 26).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
4. Editorial correction of History 2 (Register 95, No. 15).
5. Amendment filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
(a) The governing board of a community college district shall adopt policies and procedures that provide district and college staff the opportunity to participate effectively in district and college governance. At minimum, these policies and procedures shall include the following:
(1) Definitions or categories of positions or groups of positions other than faculty that compose the staff of the district and its college(s) that, for the purposes of this section, the governing board is required by law to recognize or chooses to recognize pursuant to legal authority. In addition, for the purposes of this section, management and nonmangement positions or groups of positions shall be separately defined or categorized.
(2) Participation structures and procedures for the staff positions defined or categorized.
(3) In performing the requirements of subsections (a)(1) and (2), the governing board or its designees shall consult with the representatives of existing staff councils, committees, employee organizations, and other such bodies. Where no groups or structures for participation exist that provide representation for the purposes of this section for particular groups of staff, the governing board or its designees, shall broadly inform all staff of the policies and procedures being developed, invite the participation of staff, and provide opportunities for staff to express their views.
(4) Staff shall be provided with opportunities to participate in the formulation and development of district and college policies and procedures, and in those processes for jointly developing recommendations for action by the governing board, that the governing board reasonably determines, in consultation with staff, have or will have a significant effect on staff.
(5) Except in unforeseeable, emergency situations, the governing board shall not take action on matters significantly affecting staff until it has provided staff an opportunity to participate in the formulation and development of those matters through appropriate structures and procedures as determined by the governing board in accordance with the provisions of this Section.
(6) The policies and procedures of the governing board shall ensure that the recommendations and opinions of staff are given every reasonable consideration.
(7) When a college or district task force, committee, or other governance group, is used to consult with staff regarding implementation of this section or to deal with other issues which have been determined to significantly affect staff pursuant to subdivision (a)(4), the appointment of staff representatives shall be made as follows:
(A) The exclusive representative shall appoint representatives for the respective bargaining unit employees, unless the exclusive representative and the governing board mutually agree in a memorandum of understanding to an alternative appointment process.
(B) Where a group of employees is not represented by an exclusive agent, the appointment of a representative of such employees on any task force, committee or governance group shall be made by, or in consultation with, any other councils, committees, employee organizations, or other staff groups that the governing board has officially recognized in its policies and procedures for staff participation.
(C) When the task force, committee or governance group will deal with issues outside the scope of collective bargaining, any other council, committee or staff group, other than an exclusive agent, that the governing board has officially recognized in its policies and procedures for staff participation may be allowed to designate an additional representative. These organizations shall not receive release time, rights, or representation on such task forces, committees, or other governance groups exceeding that offered to the exclusive representative of classified employees.
(D) In all cases, representatives shall be selected from the category that they represent.
(b) In developing and carrying out policies and procedures pursuant to subsection (a), the district governing board shall ensure that its actions do not dominate or interfere with the formation or administration of any employee organization, or contribute financial or other support to it, or in any way encourage employees to join any organization in preference to another. In addition, in order to comply with Government Code sections 3540, et seq., such procedures for staff participation shall not intrude on matters within the scope of representation under section 3543.2 of the Government Code. Governing boards shall not interfere with the exercise of employee rights to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Nothing in this section shall be construed to impinge upon or detract from any negotiations or negotiated agreements between exclusive representatives and district governing boards. It is the intent of the Board of Governors to respect lawful agreements between staff and exclusive representatives as to how they will consult, collaborate, share, or delegate among themselves the responsibilities that are or may be delegated to staff pursuant to these regulations.
(c) Nothing in this section shall be construed to impinge upon the policies and procedures governing the participation rights of faculty and students pursuant to sections 53200-53204, and section 51023.7, respectively.
(d) The governing board of a community college district shall comply substantially with the provisions of this section.
NOTE
Authority cited: Section 70901, Education Code. Reference: Sections 70901, 70901.2 and 70902, Education Code; and Sections 3540 et seq., Government Code.
HISTORY
1. New section filed 3-12-91 by Board of Governors of California Community Colleges with the Secretary of State operative 4-5-91. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b), (Register 91, No. 23).
2. Editorial correction of printing error in subsection (b) and HISTORY 1. (Register 91, No. 43).
3. Amendment of subsections (a)(1), (a)(3), (a)(5), (a)(7), (b), (c) and (d) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
4. Amendment of section and NOTE filed 5-16-2003; operative 6-15-2003. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2003, No. 27).
Note • History
(a) The governing board of a community college district shall adopt policies and procedures that provide students the opportunity to participate effectively in district and college governance. Among other matters, said policies and procedures shall include the following:
(1) Students shall be provided an opportunity to participate in formulation and development of district and college policies and procedures that have or will have a significant effect on students. This right includes the opportunity to participate in processes for jointly developing recommendations to the governing board regarding such policies and procedures.
(2) Except in unforeseeable, emergency situations, the governing board shall not take action on a matter having a significant effect on students until it has provided students with an opportunity to participate in the formulation of the policy or procedure or the joint development of recommendations regarding the action.
(3) Governing board procedures shall ensure that at the district and college levels, recommendations and positions developed by students are given every reasonable consideration.
(4) For the purpose of this Section, the governing board shall recognize each associated student organization or its equivalent within the district as provided by Education Code Section 76060, as the representative body of the students to offer opinions and to make recommendations to the administration of a college and to the governing board of a district with regard to district and college policies and procedures that have or will have a significant effect on students. The selection of student representatives to serve on college or district committees, task forces, or other governance groups shall be made, after consultation with designated parties, by the appropriate officially recognized associated student organization(s) within the district.
(b) For the purposes of this Section, district and college policies and procedures that have or will have a “significant effect on students” includes the following:
(1) grading policies;
(2) codes of student conduct;
(3) academic disciplinary policies;
(4) curriculum development;
(5) courses or programs which should be initiated or discontinued;
(6) processes for institutional planning and budget development;
(7) standards and policies regarding student preparation and success;
(8) student services planning and development;
(9) student fees within the authority of the district to adopt; and
(10) any other district and college policy, procedure, or related matter that the district governing board determines will have a significant effect on students.
(c) The governing board shall give reasonable consideration to recommendations and positions developed by students regarding district and college policies and procedures pertaining to the hiring and evaluation of faculty, administration,and staff.
(d) Nothing in this Section shall be construed to impinge upon the due process rights of faculty, nor to detract from any negotiations or negotiated agreements between collective bargaining agents and district governing boards. It is the intent of the Board of Governors to respect agreements between academic senates and collective bargaining agents as to how they will consult, collaborate, share or delegate among themselves the responsibilities that are or may be delegated to academic senates pursuant to the regulations on academic senates contained in Sections 53200-53206.
(e) The governing board of a community college district shall comply substantially with policies and procedures adopted in accordance with this Section.
NOTE
Authority cited: Sections 66700 and 70901(b)(1)(E), Education Code. Reference: Sections 70901 (b)(1)(E), 70902(b)(7) and 76060, Education Code.
HISTORY
1. New section filed 3-12-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 91, No. 23).
2. Editorial correction of printing errors in subsections (a) and (b) and HISTORY 1 (Register 91, No. 43).
3. Amendment of subsections (a)(2), (a)(4), (b), (b)(10), (d) and (e) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
§51024. Matriculation Services.
Note • History
The governing board of each community college district shall:
(a) adopt and submit to the Chancellor a matriculation plan as required under Section 55510;
(b) evaluate its matriculation program and participate in statewide evaluation activities as required under Section 55512(c);
(c) provide matriculation services to its students in accordance with Sections 55520 and 55521;
(d) establish procedures for waivers and appeals in connection with its matriculation program in a manner consistent with Section 55534; and
(e) substantially comply with all other provisions of Subchapter 6 (commencing with Section 55500) of Chapter 6 of this Division.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 78210-78218, Education Code.
HISTORY
1. New section filed 6-5-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 7-5-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 90, No. 37).
2. Amendment of first paragraph and subsection (e) filed 4-3-92; operative 5-4-92 (Register 92, No. 15).
§51025. Full-Time/Part-Time Faculty.
Note • History
This section relates to and should be read in conjunction with subchapter 3 (commencing with section 53300) of chapter 4 of this division.
(a) By November 20 of each fiscal year the Board of Governors shall determine whether funds provided for cost-of-living adjustment, less any net reductions to the programs and allocations specified in subsection (b), are adequate to allow full or partial implementation of the provisions of paragraph (1) of subsection (c) and whether additional funds have been provided to allow implementation of the provisions of paragraph (6) of subsection (c). The Board of Governors may revise these determinations, and may revise the district's full-time faculty hiring obligations, based on the above criteria, at any time subsequent to the state enacting mid-year reductions to one or more of the programs or allocations specified in subsection (b).
(b) For the purposes of this section the following programs and allocations are deemed to be essential and core to the mission and budgets of the California Community Colleges: general apportionment, growth for apportionment, cost-of-living adjustments, basic skills, Partnership for Excellence, financial aid administration, Extended Opportunity Programs and Services, Disabled Student Programs and Services, matriculation, part-time faculty compensation, part-time faculty health insurance, part-time faculty office hours, program improvement and allocations directed specifically to help reach the 75 percent full-time faculty standard.
(c) If a district's full-time faculty percentage, as calculated pursuant to section 53308, is less than 75 percent, the following shall apply:
(1) If the Board of Governors has determined pursuant to subsection (a) that adequate funds have been provided for implementation of this paragraph, the district's base full-time faculty obligation (as defined in section 53311) shall be increased for the fall term of the succeeding fiscal year, by the product of the base full-time faculty obligation multiplied by the percentage change in funded credit FTES, rounded down to the nearest whole number.
In computing the district's full-time faculty obligation for the succeeding fiscal year, the base obligation will be increased by the lower of the projected fundable growth at the time of the budget enactment or the actual percentage change in funded credit FTES. For the second succeeding fall term the obligation will be adjusted to the actual percentage change in funded credit FTES.
(2) Districts which, as determined from their base data, had a full-time faculty percentage of 67 percent or greater, but less than 75 percent shall apply up to 33 percent of their program improvement allocation pursuant to subsection (b) of section 58775, as necessary to reach the 75 percent standard pursuant to paragraph (4) below.
(3) Districts which, as determined from their base data, had a full-time faculty percentage of less than 67 percent shall apply up to 40 percent of their program improvement allocation pursuant to subsection (b) of section 58775, as necessary to reach the 75 percent standard pursuant to paragraph (4) below.
(4) For program improvement funds identified in paragraph (2) or (3), as appropriate, the district's base full-time faculty obligation shall be further increased for the fall term of the succeeding fiscal year, by the quotient of the applicable program improvement funds divided by the statewide average replacement cost for the current fiscal year, rounded down to the nearest whole number.
(5) If the number of full-time faculty derived in paragraphs (1) and (4), or in paragraph (6), result in the district exceeding the 75 percent standard, the Chancellor shall reduce the number of the full-time obligation to a point that leaves the district as close as possible to, but in excess of, the 75 percent standard.
(6) If the Board of Governors determines pursuant to subsection (a) that additional funds have been provided for the purpose of increasing the full-time faculty percentage, the district's base full-time faculty obligation shall be further increased for the fall term of the succeeding fiscal year by the quotient of the applicable funds divided by the statewide average replacement costs for the current fiscal year, rounded down to the nearest whole number.
(7) If the Board of Governors determines pursuant to subsection (a) that adequate funds have not been provided to implement paragraph (1), the district's base full-time faculty obligation shall be unchanged. However, for the fall term of the succeeding fiscal year the district may choose, in lieu of maintaining its base obligation, to maintain, at a minimum, the full-time faculty percentage attained in the prior fall term.
(d) Statewide average replacement cost is the statewide average faculty salary plus benefits, minus the product of the statewide average hourly rate of compensation for part-time faculty times the statewide average full-time teaching load.
(e) On or before January 31 of each year, the Chancellor shall determine, based on information submitted by districts, the extent to which each district, by the fall term of that fiscal year, has maintained or hired the number of full-time faculty, or maintained the full-time faculty percentage if applicable, determined pursuant to subsection (c) for the prior fiscal year. To the extent that the number of full-time faculty or percentage of full-time faculty has not been maintained or additional full-time faculty have not been retained, the Chancellor shall reduce the district's revenue for the current fiscal year by an amount equal to the average replacement cost for the prior fiscal year times the deficiency in the number or percentage equivalent of full-time faculty. If the Board has determined, pursuant to subsection (a), that there are not adequate funds in the current fiscal year to allow full implementation of paragraph (1) of subsection (c), then the Chancellor may defer this reduction of revenue until the subsequent fiscal year in which the Board determines that adequate funds have been provided to allow full implementation of that paragraph. To the extent a district hires the additional full-time faculty in subsequent fiscal years, the reductions will no longer be levied. Notwithstanding this provision, the Chancellor may not waive reductions that are deferred under the authority of this subsection. The Chancellor may authorize a funding reduction that is deferred under the authority of this subsection to be made over a period not to exceed three fiscal years, provided that the district is meeting its full-time faculty obligation and it is the Chancellor's judgment that the district's financial integrity otherwise would be jeopardized.
(f) All revenues available due to reductions made pursuant to subsection (e), shall be made available for statewide distribution on a one-time basis for that fiscal year, for purposes of promoting equal employment opportunities for faculty and staff pursuant to Education Code section 87107.
(g) For districts that experience a reduction in base credit FTES, the Chancellor shall make a proportionate reduction to their base number of full-time faculty.
NOTE
Authority cited: Sections 66700, 70901, 84750 and 87482.7, Education Code. Reference: Sections 84750 and 87482.7, Education Code.
HISTORY
1. New section filed 7-3-91 and submitted to OAL on 7-12-91 for printing only pursuant to Education Code section 70901.5; operative 8-3-91 (Register 91, No. 46).
2. New first paragraph, amendment of subsections (a)-(a)(4) and (c) and Note filed 8-19-92; operative 9-18-92 (Register 92, No. 34).
3. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
4. Amendment of subsections (a)-(a)(4), (b) and (c) filed 3-25-98; operative 4-24-98. Submitted to OAL for printing only (Register 98, No. 14).
5. Amendment filed 6-23-2000; operative 7-23-2000. Submitted to OAL for printing only (Register 2000, No. 26).
6. Amendment filed 11-6-2003; operative 12-6-2003. Submitted to OAL for printing only (Register 2003, No. 46).
§51025.5. Elimination of Reduction Requirements for Fiscal Years 2002-03 and 2003-04. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901, 84750 and 87482.7, Education Code. Reference: Sections 84750 and 87482.7, Education Code.
HISTORY
1. New section filed 5-16-2006; operative 6-15-2006. Submitted to OAL for printing only (Register 2006, No. 26).
2. Repealer filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
Note • History
In accordance with the provisions of section 54220, the governing board of a community college district shall adopt a student equity plan.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66010.2, 66010.7, 66030 and 70901, Education Code.
HISTORY
1. New section filed 1-12-98; operative 2-11-98. Submitted to OAL for printing only (Register 98, No. 3).
2. Change without regulatory effect amending section and adding Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§51027. Transfer Centers: Minimum Program Standards.
Note • History
(a) The governing board of each community college district shall recognize transfer as one of its primary missions, and shall place priority emphasis on the preparation and transfer of underrepresented students, including African-American, Chicano/Latino, American Indian, disabled, low-income and other students historically and currently underrepresented in the transfer process.
(b) Each community college district governing board shall direct the development and adoption of a transfer center plan describing the activities of the transfer center and the services to be provided to students, incorporating the provisions established in the standards outlined below. Plans shall identify target student populations and shall establish target increases in the number of applicants baccalaureate institutions from these populations, including specific targets for increasing the transfer applications of underrepresented students among transfer students. Plans shall be developed in consultation with baccalaureate college and university personnel as available.
Plan components shall include, but not be limited to: services to be provided to students; facilities; staffing; advisory committee; and evaluation and reporting.
(1) Required Services. Districts shall:
(A) Identify, contact, and provide transfer support services to targeted student populations as identified in the transfer center plan, with a priority emphasis placed on African-American, Chicano/Latino, American Indian, disabled, low-income, and other underrepresented students. These activities shall be developed and implemented in cooperation with student services departments and with faculty.
(B) Ensure the provision of academic planning for transfer, the development and use of transfer admission agreements with baccalaureate institutions where available and as appropriate, and the development and use of course-to-course and major articulation agreements. Academic planning and articulation activities shall be provided in cooperation with student services, with faculty, and with baccalaureate institution personnel as available.
(C) Ensure that students receive accurate and up-to-date academic and transfer information through coordinated transfer counseling services.
(D) Monitor the progress of transfer students to the point of transfer, in accordance with monitoring activities established in the Transfer Center Plan.
(E) Support the progress of transfer students through referral as necessary, to such services as ability and diagnostic testing, tutoring, financial assistance, counseling, and to other instructional and student services on campus as appropriate.
(F) Assist students in the transition process, including timely completion and submittal of necessary forms and applications.
(G) In cooperation with baccalaureate institution personnel as available, develop and implement a schedule of services for transfer students to be provided by baccalaureate institution staff.
(H) Provide a resource library of college catalogs, transfer guides, articulation information and agreements, applications to baccalaureate institutions, and related transfer information.
(2) Facilities. Each district governing board shall provide space and facilities adequate to support the transfer center and its activities. Each district shall designate a particular location on campus as the focal point of transfer functions. This location should be readily identifiable and accessible to students, faculty, and staff.
(3) Staffing. Each district governing board shall provide clerical support for the transfer center and assign college staff to coordinate the activities of the transfer center; to coordinate underrepresented student transfer efforts; to serve as liaison to articulation, to student services, and to instructional programs on campus; and to work with baccalaureate institution personnel.
(4) Advisory Committee. Each district shall designate an advisory committee to plan the development, implementation, and ongoing operations of the transfer center. Membership shall be representative of campus departments and services. Baccalaureate institution personnel shall be included as available.
(5) Evaluation and Reporting. Each district governing board shall include in its transfer center plan a plan of institutional research for ongoing internal evaluation of the effectiveness of the college's transfer efforts, and the achievement of its transfer center plan.
Each community college district shall submit an annual report to the Chancellor describing the status of the district's efforts to implement its transfer center(s), achievement of transfer center plan targets and goals, and expenditures supporting transfer center operations.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66010.4 and 70901, Education Code.
HISTORY
1. New section filed 7-22-91; operative 8-21-91 (Register 92, No. 4).
2. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
Subchapter 2. Investigation and Enforcement of Minimum Conditions
Note • History
(a) The Chancellor shall annually review a minimum of three community college districts to determine whether they have met the minimum conditions contained in subchapter 1 (commencing with section 51000) of chapter 2. The reviews shall be at random from among districts that have not recently been reviewed or based on complaints, audit findings, or other information concerning compliance. The Chancellor may conduct such additional compliance reviews as he or she deems appropriate.
(b) The Chancellor shall investigate complaints alleging that a district is failing to comply substantially with the minimum conditions contained in subchapter 1 and shall establish guidelines for accepting and handling such complaints.
(c) In the event that the Chancellor determines that a visit to the district is necessary to investigate compliance, he or she shall make all reasonable efforts to inform the chief executive officer of the district at least one month in advance of such visit, and shall specify the particular minimum conditions that will be investigated.
(d) The enforcement procedures and remedies set forth in this subchapter are in addition to any and all other enforcement mechanisms and remedies provided by law for violation of the provisions of this chapter.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. Repealer of chapter 2 (sections 51100 and 51101) and new chapter 2 (sections 51100 and 51102) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29). For history of former chapter 2, see Registers 81, No. 52; 77, No. 45; and 71, No. 27.
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Amendment of subsection (a) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
4. Editorial correction of History 2 (Register 95, No. 15).
5. Amendment filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
(a) If any review pursuant to section 51100 discloses that a district may not be in compliance with the provisions of subchapter 1 (commencing with section 51100) of chapter 2, the Chancellor shall notify the chief executive officer of the district in writing, and shall request an official written response from the district by a date which the Chancellor shall specify.
(b) After receiving the district's written response, or after the time for response has lapsed, the Chancellor shall pursue one or more of the following courses of action:
(1) accept in whole or part the district's response regarding the alleged noncompliance;
(2) require the district to submit and adhere to a plan and timetable for achieving compliance as a condition for continued receipt of state aid;
(3) bar the district from eligibility for grants and/or contracts administered by the Chancellor's Office;
(4) withhold all or part of the allocation of funds which the district would otherwise receive from any categorical program administered by the Chancellor's Office; and/or
(5) withhold or reduce all or part of the district's state aid, including state general apportionment, and/or growth funding.
(c) The remedy required by the Chancellor shall be related to the extent and gravity of noncompliance. As a general rule, categorical funds shall only be withheld or reduced where the noncompliance was directly related to the operation of that program or where other funds are not sufficient to cover the extent of the withholding or reduction. Any withholding or reduction of funding shall require approval of the Board of Governors.
(d) The Chancellor shall report to the Board of Governors on any actions taken pursuant to subdivision (b) of this section, provided that, in the event he or she determines to reduce or withhold all or a portion of a district's state aid, the Chancellor shall inform and obtain the approval of the Board prior to the reduction or withholding.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Editorial correction of History 1 (Register 95, No. 15).
4. Amendment filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Subchapter 3. Faculty [Repealed]
NOTE
Authority cited: Sections 71020, 71024 and 71025, Education Code.
HISTORY
1. Repealer of Chapter 3[216z (Sections 51200 and 51201) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29). For prior history, see Register 77, No. 45.
Subchapter 4. Standards of Scholarship [Repealed]
NOTE
Authority cited: Section 71020, 71025 and 71066, Education Code. Reference: Sections 71066, 72285 and 76000, Education Code.
HISTORY
1. Repealer of Chapter 4 (Sections 51300-51319, not consecutive) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29). For history of former Chapter 4, see Registers 82, No. 20; 80, No. 19; 80, No. 11; 77, No. 45; and 71, No. 27.
Subchapter 5. Facilities [Repealed]
HISTORY
1. Repealer of Chapter 5 (Sections 51400 and 51401) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29).
Subchapter 6. Counseling Services [Repealed]
HISTORY
1. Repealer of Chapter 6 (Sections 51500-51503) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29). For prior history, see Register 77, No. 45.
Subchapter 7. Degrees and Certificates [Repealed]
HISTORY
1. Repealer of Chapter 7 (Sections 51600-51606) filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45). For prior history, see Register 71, No. 40.
Subchapter 8. Degrees and Certificates [Repealed]
NOTE
Authority cited: Sections 66700, 71020 and 71066, Education Code. Reference: Sections 66701, 71066 and 72285, Education Code.
HISTORY
1. New Chapter 8 (§§ 51620 through 51626) filed 10-1-71; effective thirtieth day thereafter (Register 71, No. 40).
2. Amendment of section and NOTE filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
3. Amendment filed 6-9-82; designated effective 7-1-83 (Register 82, No. 24).
4. Repealer of Chapter 8 (Sections 51620-51629) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29).
Subchapter 9. Minimum Class Size [Repealed]
NOTE
Authority cited for Chapter 9: Section 71027, Education Code.
HISTORY
1. New Chapter (§§ 51700 through 51703) filed 11-12-71; effective thirtieth day thereafter (Register 71, No. 46).
2. Amendment of NOTE filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
3. Repealer of Chapter 9 (Sections 51700-51703) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29).
Subchapter 10. New Colleges and Educational Centers [Repealed]
HISTORY
1. New Chapter 10 (Sections 51800-51808, not consecutive) filed 6-27-75; effective thirtieth day thereafter (Register 75, No. 26).
2. Amendment filed 3-18-77; effective thirtieth day thereafter (Register 77, N. 12).
3. Amendment of section and NOTE filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
4. Amendment of subsection (a) filed 11-15-79; effective thirtieth day thereafter (Register 79, No. 46).
5. Repealer of Chapter 10 (Sections 51800-51808, not consecutive) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29).
Subchapter 11. Open Courses [Repealed]
NOTE
Authority cited: Sections 71020, 78452 and 84500, Education Code. Reference Sections 78452 and 84500, Education Code.
HISTORY
1. New Chapter 11 (Sections 51820-51826) filed 12-17-76; effective thirtieth day thereafter (Register 76, No. 51).
2. Amendment of NOTE filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
3. Repealer of Chapter 11 (Sections 51820-51826) filed 7-29-82; effective thirtieth day thereafter (Register 82, No. 31).
Subchapter 15. Minimum Standards for Colleges Operating Pursuant to Education Code 78007 and Not Receiving or Utilizing State or Local Funds [Repealed]
HISTORY
1. Repealer of subchapter 15 (sections 51950-51996) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
Chapter 3. General Provisions
§52000. Effect of Specified Board of Governors Regulations.
Note • History
Regulations that incorporate the text of former Education Code sections described in section 708 of Statutes 1990, chapter 1372 (S.B. 1854) still retain equal dignity to their predecessor statutes as described in Barnhart v. Cabrillo Community College (1999) 76 Cal.App.4th 818, to the extent that amendments to such regulations are grammatical or involve only technical changes, renumbering or reordering sections, removal of outdated terms or references to inapplicable or repealed statutory authorities, and the correction of gender references.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code; Statutes 1990, chapter 1372.
HISTORY
1. New chapter 3 (sections 52000-52010) and section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35). For prior history of chapter 3, sections 52000-52403, see Register 91, No. 43.
§52010. Effect of Regulations, Revision of District Policies and Publications.
Note • History
Each community college district must comply with all regulatory requirements set forth in this division once such requirements take effect. Notwithstanding the foregoing, unless otherwise expressly provided in a particular regulation, a district will not be considered to be out of compliance with a regulatory requirement solely because its written district policies or procedures have not been revised, provided that it conforms such policies or procedures to the regulatory requirement within one hundred and eighty (180) days after the effective date of such regulations and, at the first available opportunity, incorporates necessary changes into its catalog and class schedules.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Chapter 4. Employees
Subchapter 1. Equal Employment Opportunity Programs
Article 1. General
Note • History
(a) This subchapter implements and should be read in conjunction with Government Code sections 11135-11139.5, Education Code sections 66010.2, 66030, and Chapter 4.5 of Part 40 of Title 3, commencing with section 66250; Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), the Americans with Disabilities Act of 1990 (42 U.S.C. § 12100 et seq.) and the Age Discrimination Act (42 U.S.C. § 6101). Nothing in this subchapter shall be construed to conflict with or be inconsistent with the provisions of article 1, section 31 of the California Constitution or to authorize conduct that is in conflict with or is inconsistent with such provisions.
(b) The regulations in this subchapter require steps to promote faculty and staff equal employment opportunity which are in addition to and consistent with the nondiscrimination requirements of state or federal law. Therefore, compliance with these regulations or approval of the district's equal employment opportunity plan pursuant to section 53003 does not imply and should not be construed to mean that a district has necessarily complied with its obligations under any other applicable laws or regulations. The Chancellor shall assist districts in identifying other applicable state or federal laws which may affect district equal employment opportunity or nondiscrimination policies.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; Sections 11135-11139.5, Government Code; Title 20, United States Code, Section 1681; Title 29, United States Code, Section 794; and Title 42, United States Code, Sections 2000d, 6101 and 12100, et seq.
HISTORY
1. New chapter 1 (sections 53000-53004) filed 7-19-77; effective thirtieth day thereafter (Register 77, No. 30).
2. Repealer of chapter 1 (subchapter 1, sections 53000-53004) and new chapter 1 (subchapters 1-4, sections 53000-53052, not consecutive) filed 2-1-82; effective thirtieth day thereafter (Register 82, No. 6).
3. Repealer and new section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
4. Amendment of subsection (a) and Note filed 5-31-96; operative 6-30-96. Submitted to OAL for printing only (Register 96, No. 23).
5. Amendment of subchapter heading, section and Note filed 7-12-2002; operative 8-11-2002. Submitted to OAL for printing only (Register 2002, No. 35).
Note • History
As used in this subchapter:
(a) Adverse Impact. “Adverse impact” means that a statistical measure (such as those outlined in the Equal Employment Opportunity Commission's “Uniform Guidelines on Employee Selection Procedures”) is applied to the effects of a selection procedure and demonstrates a disproportionate negative impact on any group defined in terms of ethnic group identification, gender, or disability. A disparity identified in a given selection process will not be considered to constitute adverse impact if the numbers involved are too small to permit a meaningful comparison.
(b) Business Necessity. “Business necessity” means circumstances which justify an exception to the requirements of section 53021(b)(1) because compliance with that section would result in substantial additional financial cost to the district or pose a significant threat to human life or safety. Business necessity requires greater financial cost than does mere business convenience. Business necessity does not exist where there is an alternative that will serve business needs equally well.
(c) Equal Employment Opportunity. “Equal employment opportunity” means that all qualified individuals have a full and fair opportunity to compete for hiring and promotion and to enjoy the benefits of employment with the district. Equal employment opportunity should exist at all levels and in all job categories listed in section 53004(a). Ensuring equal employment opportunity also involves creating an environment which fosters cooperation, acceptance, democracy, and free expression of ideas and is welcoming to men and women, persons with disabilities, and individuals from all ethnic and other groups protected from discrimination by this subchapter.
(d) Equal Employment Opportunity Plan. An “equal employment opportunity plan” is a written document in which a district's work force is analyzed and specific plans and procedures are set forth for ensuring equal employment opportunity.
(e) Equal Employment Opportunity Programs. “Equal employment opportunity programs” means all the various methods by which equal employment opportunity is ensured. Such methods include, but are not limited to, using nondiscriminatory employment practices, actively recruiting, monitoring and taking additional steps consistent with the requirements of section 53006.
(f)(1) Ethnic Minorities. “Ethnic minorities” means American Indians or Alaskan natives, Asians or Pacific Islanders, Blacks/African-Americans, and Hispanics/Latinos.
(2) Ethnic Group Identification. “Ethnic group identification” means an individual's identification in one or more of the ethnic groups reported to the Chancellor pursuant to section 53004. These groups shall be more specifically defined by the Chancellor consistent with state and federal law.
(g) Goals for Persons with Disabilities. “Goals for persons with disabilities” means a statement that the district will strive to attract and hire additional qualified persons with a disability in order to achieve the level of projected representation for that group by a target date established by taking into account the expected turnover in the work force and the availability of persons with disabilities who are qualified to perform a particular job. Goals are not “quotas” or rigid proportions.
(h) In-house or Promotional Only Hiring. “In-house or promotional only” hiring means that only existing district employees are allowed to apply for a position.
(i) Monitored Group. “Monitored group” means those groups identified in section 53004(b) for which monitoring and reporting is required pursuant to section 53004(a).
(j) Person with a Disability. “Person with a disability” means any person who (1) has a physical or mental impairment as defined in Government Code section 12926 which limits one or more of such person's major life activities, (2) has a record of such an impairment, or (3) is regarded as having such an impairment. A person with a disability is “limited” if the condition makes the achievement of the major life activity difficult.
(k) Projected Representation. “Projected representation” means the percentage of persons from a monitored group determined by the Chancellor to be available and qualified to perform the work in question.
(l) Reasonable Accommodation. “Reasonable accommodation” means the efforts made on the part of the district to remove artificial or real barriers which prevent or limit the employment and upward mobility of persons with disabilities. “Reasonable accommodations” may include the items designated in section 53025.
(m) Screening or Selection Procedure. “Screening or selection procedure” means any measure, combination of measures, or procedure used as a basis for any employment decision. Selection procedures include the full range of assessment techniques, including but not limited to, traditional paper and pencil tests, performance tests, and physical, educational, and work experience requirements, interviews, and review of application forms.
(n) Significantly Underrepresented Group. “Significantly underrepresented group” means any monitored group for which the percentage of persons from that group employed by the district in any job category listed in section 53004(a) is below eighty percent (80%) of the projected representation for that group in the job category in question.
(o) Target Date. “Target date” means a point in time by which the district plans to meet an established goal for persons with disabilities and thereby achieve projected representation in a particular job category.
(p) Timetable. “Timetable” means a set of specific annual hiring objectives that will lead to meeting a goal for persons with a disability by a projected target date.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; Sections 11135-11139.5, 11092 and 12926, Government Code; 29 C.F.R. 1602.48 (1981); 29 C.F.R. 1607; 29 U.S.C. 793; 41 C.F.R. 60-741.2 (1980).
HISTORY
1. Repealer and new section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Amendment of subsections (a), (b)(1)-(b)-(3), (c), (k) and (m) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Amendment of subsections (a), (b), (e), (f), (h), (j) and (m), new subsections (m)(1)-(q)(3), and amendment of Note filed 5-31-96; operative 6-30-96. Submitted to OAL for printing only (Register 96, No. 23).
4. Amendment of section and Note filed 7-12-2002; operative 8-11-2002. Submitted to OAL for printing only (Register 2002, No. 35).
5. Amendment of subsection (b) and amendment of Note filed 11-5-2003; operative 12-5-2003. Submitted to OAL for printing only (Register 2003, No. 46).
Note • History
The governing board of each community college district shall adopt a policy statement setting forth the district's commitment to an equal employment opportunity program. This statement may also incorporate the nondiscrimination policy statement required pursuant to section 59300 and other similar nondiscrimination or equal employment opportunity statements which may be required under other provisions of state and federal law.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; Sections 66010.1, 66030, 66071, 66270 and 87360, Education Code; and Sections 11135-11139.5, Government Code.
HISTORY
1. Repealer and new section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Amendment filed 2-7-2001; operative 3-9-2001. Submitted to OAL for printing only (Register 2001, No. 6).
4. Amendment of section and Note filed 7-12-2002; operative 8-11-2002. Submitted to OAL for printing only (Register 2002, No. 35).
Note • History
(a) The governing board of each community college district shall develop and adopt a district-wide written equal employment opportunity plan to implement its equal employment opportunity program. Such plans and revisions shall be submitted to the Chancellor's Office for review and approval.
(b) Such plans shall be reviewed at least every three years and, if necessary, revised and submitted to the Chancellor's Office for approval. Each community college district shall notify the Chancellor at least 30 days prior to adopting any other amendments to its plan.
(c) In particular, the plan shall include all of the following:
(1) the designation of the district employee or employees who have been delegated responsibility and authority for implementing the plan and assuring compliance with the requirements of this subchapter pursuant to section 53020;
(2) the procedure for filing complaints pursuant to section 53026 and the person with whom such complaints are to be filed;
(3) a process for notifying all district employees of the provisions of the plan and the policy statement required under section 53002;
(4) a process for ensuring that district employees who are to participate on screening or selection committees shall receive appropriate training on the requirements of this subchapter and of state and federal nondiscrimination laws;
(5) a process for providing annual written notice to appropriate community-based and professional organizations concerning the district's plan and the need for assistance from the community and such organizations in identifying qualified applicants;
(6) an analysis of the number of persons from monitored groups who are employed in the district's work force and those who have applied for employment in each of the job categories listed in section 53004(a);
(7) an analysis of the degree to which monitored groups are underrepresented in comparison to the numbers of persons from such groups whom the Chancellor determines to be available and qualified to perform the work required for each such job category and whether or not the underrepresentation is significant;
(8) methods for addressing any underrepresentation identified pursuant to subparagraph (7)
(9) additional steps consistent with section 53006 to remedy any significant underrepresentation identified in the plan; and
(10) any other measures necessary to further equal employment opportunity throughout the district.
(d) The plan shall include any goals for hiring persons with disabilities that are required by section 53025.
(e) The plans submitted to the Chancellor shall be public records.
(f) Each community college district shall make a continuous good faith effort to comply with the requirements of the plan required under this section.
(g) In developing the availability data called for in subsection (c)(7), the Chancellor shall work through the established Consultation Process.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and sections 11135-11139.5, Government Code.
HISTORY
1. Repealer and new section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Amendment of subsections (c)(4) and (7) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Amendment of subsections (b), (c) and (c)(7), new subsections (c)(8)-(9) and subsection renumbering, amendment of newly designated subsection (c)(10) and new subsection (f) filed 5-31-96; operative 6-30-96. Submitted to OAL for printing only (Register 96, No. 23).
4. Amendment of section and Note filed 7-12-2002; operative 8-11-2002. Submitted to OAL for printing only (Register 2002, No. 35).
§53004. District Evaluation and Report to Chancellor.
Note • History
(a) Each district shall annually survey its employees and shall monitor applicants for employment on an ongoing basis in order to evaluate the implementation of its equal employment opportunity plan and to provide data needed for the analyses required by sections 53003, 53006, 53023, and 53024. Each district shall annually report to the Chancellor, in a manner prescribed by the Chancellor, the results of its annual survey of employees at each college in the district. Each employee shall be reported so that he or she may be identified as belonging to one of the following seven job categories:
(1) executive/administrative/managerial;
(2) faculty and other instructional staff;
(3) professional nonfaculty;
(4) secretarial/clerical;
(5) technical and paraprofessional;
(6) skilled crafts; and
(7) service and maintenance.
(b) For purposes of the survey and report required pursuant to subsection (a) of this section, each applicant or employee shall be afforded the opportunity to identify his or her gender, ethnic group identification and, if applicable, his or her disability. A person may designate multiple ethnic groups with which he or she identifies, but shall be counted in only one ethnic group for reporting purposes. Chinese, Japanese, Filipinos, Koreans, Vietnamese, Asian Indians, Hawaiians, Guamanians, Samoans, Laotians, and Cambodians are to be counted and reported as part of the Asian/Pacific Islander group as well as in separate subcategories. However, in determining whether additional steps are necessary to ensure that monitored groups have not been excluded on an impermissible basis, analysis of the separate subgroups is not necessary.
NOTE
Authority cited: Sections 66271.1, 66700, 70901 and 87105, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and Sections 8310.5 and 11135-11139.5, Government Code.
HISTORY
1. Repealer and new section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Amendment of subsections (a) and (b) filed 5-31-96; operative 6-30-96. Submitted to OAL for printing only (Register 96, No. 23).
4. Amendment of subsections (a) and (b) and amendment of Note filed 7-12-2002; operative 8-11-2002. Submitted to OAL for printing only (Register 2002, No. 35).
Note • History
Each community college district shall establish an Equal Employment Opportunity Advisory Committee to assist the district in developing and implementing the plan required under section 53003. This advisory committee shall include a diverse membership whenever possible.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and Sections 11135-11139.5, Government Code.
HISTORY
1. Repealer and new section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Amendment of section and Note filed 7-12-2002; operative 8-11-2002. Submitted to OAL for printing only (Register 2002, No. 35).
§53006. Additional Steps to Ensure Equal Employment Opportunity.
Note • History
(a) If a district determines that a particular monitored group is significantly underrepresented with respect to one or more job categories, the district shall take additional steps consistent with this section. At a minimum, the district shall:
(1) review its recruitment procedures and identify and implement any additional measures which might reasonably be expected to attract candidates from the significantly underrepresented group;
(2) consider various other means of reducing the underrepresentation which do not involve taking monitored group status into account, and implement any such techniques which are determined to be feasible and potentially effective;
(3) determine whether the group is still significantly underrepresented in the category or categories in question after the measures described in (1) and (2) have been in place a reasonable period of time; and
(4) if significant underrepresentation persists, the staffing rate for the significantly underrepresented group in the specified job category or categories shall be monitored on an ongoing basis until the projected representation has been achieved for that group in the category or categories in question.
(b) If a reasonable period of time passes and significant underrepresentation persists for a particular group in the job category in question, the district shall:
(1) review each locally established “required,” “desired” or “preferred” qualification being used to screen applicants for positions in the job category to determine if it is job-related and consistent with business necessity through a process meeting the requirements of federal law or is among those qualifications which the Board of Governors has found to be job-related and consistent with business necessity throughout the community college system;
(2) discontinue the use of any locally established qualification that has not been found to satisfy the requirements set forth in paragraph (1) of this subdivision; and
(3) continue using qualification standards meeting the requirements of paragraph (1) only where no alternative qualification standard is reasonably available which would select for the same characteristics, meet the requirements of paragraph (1) and be expected to have a less exclusionary effect.
(c) For purposes of this section, “a reasonable period of time” means three years, or such longer period as the Chancellor may approve, upon the request of the equal employment opportunity advisory committee and the chief executive officer, where the district has not filled enough positions to appreciably affect its work force in the job category in question.
(d) Nothing in this subchapter shall be construed to prohibit a district from taking any other steps it concludes are necessary to ensure equal employment opportunity, provided that such actions are consistent with the requirements of federal and state constitutional and statutory nondiscrimination law.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and Sections 11135-11139.5, Government Code.
HISTORY
1. New section filed 5-31-96; operative 6-30-96. Submitted to OAL for printing only (Register 96, No. 23).
2. Amendment of section heading, section and Note filed 7-12-2002; operative 8-11-2002. Submitted to OAL for printing only (Register 2002, No. 35).
§53010. Assistance. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020 and 87105, Education Code. Reference: Section 87103, Education Code.
HISTORY
1. Repealer filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
Note • History
NOTE
Authority cited: Sections 71020 and 87105, Education Code. Reference: Section 87104, Education Code.
HISTORY
1. Repealer filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
§53012. Periodic Evaluation. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020 and 87105, Education Code. Reference: Section 87102, Education Code.
HISTORY
1. Repealer filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
Article 2. Other Specific Responsibilities of Community College Districts
§53020. Responsibility; Delegation of Authority; Complaints.
Note • History
(a) The governing board of each community college district is ultimately responsible for proper implementation of this subchapter at all levels of district and college operation and for making measurable progress toward equal employment opportunity by the methods described in the district's equal employment opportunity plan. In carrying out this responsibility, the governing board, upon the recommendation of the chief executive officer, shall ensure that an equal employment opportunity officer is designated to oversee the day-to-day implementation of the requirements set forth in this subchapter.
(b) The administrative structure created by any delegation of authority to the equal employment opportunity officer or others shall be described in the district's equal employment opportunity plan submitted pursuant to section 53003 and shall be designed in such a manner so as to ensure prompt and effective implementation of the requirements of this subchapter. The plan shall also designate a single officer, who may be the equal employment opportunity officer, who shall be given authority and responsibility for receiving complaints filed pursuant to section 53026, for ensuring that such complaints are promptly and impartially investigated, and ensuring that selection procedures and the applicant pool are properly monitored as required by sections 53023 and 53024.
(c) Any organization or individual, whether or not an employee of the district, who acts on behalf of the governing board with regard to the recruitment and screening of personnel is an agent of the district and is subject to all of the requirements of this subchapter.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and Sections 11135-11139.5, Government Code.
HISTORY
1. Repealer and new section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Amendment of subsections (a) and (c) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Amendment of section and Note filed 7-12-2002; operative 8-11-2002. Submitted to OAL for printing only (Register 2002, No. 35).
Note • History
(a) Except as otherwise provided in this section, community college districts shall actively recruit from both within and outside the district work force to attract qualified applicants for all new openings. This shall include outreach designed to ensure that all persons, including persons from monitored groups, are provided the opportunity to seek employment with the district. The requirement of open recruitment shall apply to all new full-time and part-time openings in all job categories and classifications, including, but not limited to, faculty, classified employees, categorically funded positions, the chief executive officer, and all other executive/administrative/managerial positions. Recruitment for full-time faculty and educational administrator positions shall be at least statewide and, at a minimum, shall include seeking qualified applicants listed in the California Community Colleges Equal Employment Opportunity Registry and posting job announcements with the Registry. Recruitment for part-time faculty positions may be conducted separately for each new opening or by annually establishing a pool of eligible candidates, but in either case full and open recruitment is required consistent with this section.
(b)(1) “In-house or promotional only” recruitment shall not be used to fill any new opening for any position described in subdivision (a) except when the position is being filled on an interim basis for the minimum time necessary to allow for full and open recruitment; provided however, that no interim appointment or series of interim appointments exceed one year in duration. The Chancellor may approve an extension of up to one additional year if the district demonstrates “business necessity” as defined in section 53001(b).
(2) If a district believes justification exists for use of the exception listed in subsection (b)(1), it shall so notify the Equal Employment Opportunity Advisory Committee established pursuant to section 53005 and the Chancellor at least ten (10) working days prior to offering the position to a candidate.
(3) Where in-house or promotional only recruitment is permitted, the district shall comply with its established hiring procedures and all district employees shall be afforded the opportunity to apply and demonstrate that they are qualified.
(4) The job announcement for the interim position shall comply with section 53022 and the selection process shall be consistent with the requirements of this subchapter.
(c) For purposes of this section, a new opening is not created when:
(1) there is a reorganization that does not result in a net increase in the number of employees;
(2) one or more lateral transfers are made and there is no net increase in the number of employees;
(3) a position which is currently occupied by an incumbent is upgraded, reclassified, or renamed without significantly altering the duties being performed by the individual;
(4) the faculty in a division or department elect one faculty member to serve as a chairperson for a prescribed limited term;
(5) the position is filled by a temporary, short-term, or substitute employee appointed pursuant to Education Code sections 87422, 87480, 87482.5(b), 88003, 88106 or 88109;
(6) a part-time faculty member is assigned to teach the same or fewer hours he or she has previously taught in the same discipline without a substantial break in service. For purposes of this section, “a substantial break in service” means more than one calendar year or such different period as may be defined by a collective bargaining agreement; or
(7) an individual not currently employed by the district, who is specially trained, experienced, and competent to serve as an administrator, and who satisfies the minimum qualifications applicable to the position, is engaged to serve as an administrator through a professional services contract. No appointment or series of appointments pursuant to this provision may exceed a period of one year.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and Sections 11135-11139.5, Government Code.
HISTORY
1. Repealer and new section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Amendment subsections (b) and (d)-(e)(2) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Amendment of subsections (a) and (b)(1)-(b)(2), repealer of subsection (b)(3), amendment of subsections (c), (d) and (e)(1)-(e)(4) and new subsection (e)(5) filed 5-31-96; operative 6-30-96. Submitted to OAL for printing only (Register 96, No. 23).
4. Amendment of section and Note filed 7-12-2002; operative 8-11-2002. Submitted to OAL for printing only (Register 2002, No. 35).
5. Amendment filed 11-5-2003; operative 12-5-2003. Submitted to OAL for printing only (Register 2003, No. 46).
§53021.5. Waiver of Limitation on Term of Administrative Contracts.
Note • History
The Chancellor may waive the one year limit on the length of an appointment or series of appointments to an administrative position accomplished by means of a professional services contract pursuant to subdivision (c)(7) of section 53021 with respect to appointments made by the Lassen Community College District of the Chancellor determines that all of the following requirements are satisfied:
(a) the district is on probationary status with the Accrediting Commission for Community and Junior Colleges (ACCJC);
(b) the Chancellor has appointed a special trustee to manage the district pursuant to section 58312;
(c) the district requests a waiver of the limitation on the length of an appointment or series of appointments to an administrative position imposed by subdivision (c)(7) of section 53021 and demonstrates that the delay and disruption associated with full and open recruitment for the administrative position may jeopardize the fiscal stability of the district or its ability to satisfy conditions for removal from probation which have been established by ACCJC;
(d) the special trustee assigned to the district recommends granting the waiver;
(e) the total length of the appointment or series of appointments to the administrative position will not exceed three years; and
(f) all other requirements of this subchapter are satisfied with respect to the appointment.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 1-23-2008; operative 1-23-2008. Submitted to OAL for printing only (Register 2008, No. 7).
§53022. Job Announcements and Qualifications.
Note • History
Job announcements shall state clearly job specifications setting forth the knowledge, skills, and abilities necessary to job performance. For faculty and administrative positions, job requirements shall include a sensitivity to and understanding of the diverse academic, socioeconomic, cultural, disability, and ethnic backgrounds of community college students. Job specifications, including any “required,” “desired” or “preferred” qualifications beyond the state minimum qualifications (set forth in subchapter 4, commencing with section 53400 of this chapter) which the district wishes to utilize, shall be reviewed before the position is announced, to ensure conformity with the requirements of this subchapter and state and federal nondiscrimination laws.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 973, Section 4; Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and Sections 11135-11139.5, Government Code.
HISTORY
1. Repealer and new section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Amendment of section heading, section and Note filed 7-12-2002; operative 8-11-2002. Submitted to OAL for printing only (Register 2002, No. 35).
Note • History
(a) The application for employment shall afford each applicant an opportunity to voluntarily identify his or her gender, ethnic group identification and, if applicable, his or her disability. This information shall be kept confidential and shall be used only in research, validation, monitoring, evaluating the effectiveness of the district's equal employment opportunity program, or any other purpose specifically authorized in this subchapter, or by any applicable statute or regulation.
(b) After the application deadline has passed, the composition of the initial applicant pool shall be analyzed to ensure that any failure to obtain projected representation for any monitored group is not due to discriminatory recruitment procedures. If necessary, the application deadline shall be extended and additional recruitment shall be conducted that eliminates discriminatory recruitment procedures and ensures that recruitment efforts provide a full and fair opportunity for participation to a wide diversity of potential applicants. When recruitment efforts have offered an opportunity for participation to a wide diversity of potential applicants or further recruitment efforts would be futile, applications shall be screened to determine which candidates satisfy job specifications set forth in the job announcement.
(c) Before the selection process continues, the composition of the qualified applicant pool shall be analyzed to ensure that no monitored group is adversely impacted pursuant to section 53001(a). If adverse impact is found to exist, the chief executive officer or his or her designee shall take effective steps to address the adverse impact before the selection process continues. Such steps may include, but are not limited to:
(1) extending the deadline and undertaking inclusive outreach efforts to ensure that members of the adversely impacted group have equal opportunity to seek employment with the district;
(2) including all applicants who were screened out on the basis of any locally established qualifications beyond state minimum qualifications which have not been specifically demonstrated to be job-related and consistent with business necessity through a process meeting the requirements of federal law or which are not among those which the Board of Governors has found to be job-related and consistent with business necessity throughout the community college system.
(d) If adverse impact persists after taking steps required under subdivision (c), the selection process may proceed only if:
(1) the job announcement does not require qualifications beyond the statewide minimum qualifications; or
(2) locally established qualifications beyond state minimum qualifications, if any, are demonstrated to be job-related and consistent with business necessity through a process meeting the requirements of federal law and suitable alternative selection procedures to reduce the adverse impact were unavailable; or
(3) the particular qualification beyond statewide minimum qualifications which are used in the job announcement are among those which the Board of Governors has found to be job-related and consistent with business necessity throughout the community college system.
(e) The district may not advertise or utilize in future hiring processes for the same position or a substantially similar position any locally established qualifications beyond state minimum qualifications that the district was unable to verify under subsection (b)(2) unless such qualifications are so verified in advance of commencing any such future hiring process.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and Sections 11135-11139.5, Government Code
HISTORY
1. New section filed 2-26-82; designated effective 2-28-82 pursuant to Government Code section 11346.2(d) (Register 82, No. 9).
2. Repealer and new section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
3. Amendment of subsections (a) and (b), repealer of subsection (b)(2) and subsection renumbering, and amendment of subsection (c)(2) filed 5-31-96; operative 6-30-96. Submitted to OAL for printing only (Register 96, No. 23).
4. Amendment of section and Note filed 7-12-2002; operative 8-11-2002. Submitted to OAL for printing only (Register 2002, No. 35).
§53024. Screening or Selection Procedures.
Note • History
(a) All screening or selection techniques, including the procedure for developing interview questions, and the selection process as a whole, shall be:
(1) provided to the Chancellor upon request;
(2) designed to ensure that for faculty and administrative positions, meaningful consideration is given to the extent to which applicants demonstrate a sensitivity to and understanding of the diverse academic, socioeconomic, cultural, disability, and ethnic backgrounds of community college students;
(3) based solely on job-related criteria; and
(4) designed to avoid an adverse impact, as defined in section 53001(a), and monitored by means consistent with this section to detect and address any adverse impact which does occur for any monitored group.
(b) If monitoring pursuant to subsection (a)(4) reveals that any selection technique or procedure has adversely impacted any such group, the chief executive officer or his/her designee shall suspend the selection process and timely and effective steps shall be taken to remedy the problem before the selection process resumes. The equal employment opportunity officer, or other official charged with responsibility for monitoring selection procedures, may assist the screening committee by discussing the overall composition of the applicant pool and the screening criteria or procedures which have produced an adverse impact, provided that confidential information about individual candidates is not disclosed. If adverse impact results from locally established qualifications beyond state minimum qualifications that have not been verified as described in section 53023(c)(2) or replaced with suitable alternatives having a lesser adverse impact, the use of such qualifications shall be immediately discontinued and any applicant eliminated on the basis of that qualification shall be continued in the hiring process. Where necessary, the position may be re-opened at any time and a new selection process initiated in a way designed to avoid adverse impact.
(c) A district may not designate or set aside particular positions to be filled by members of any group defined in terms of ethnic group identification, race, color, national origin, religion, age, gender, disability, ancestry or sexual orientation, or engage in any other practice which would result in discriminatory or preferential treatment prohibited by state or federal law. Nor may a district apply the district's equal employment opportunity plan in a rigid manner which has the purpose or effect of so discriminating.
(d) Seniority or length of service may be taken into consideration only to the extent it is job related, is not the sole criterion, and is included in the job announcement consistent with the requirements of section 53022.
(e) Selection testing for employees shall follow procedures as outlined in the Equal Employment Opportunity Commission's “Uniform Guidelines on Employee Selection Procedures.”
(f) Whenever possible, screening committees shall include a diverse membership which will bring a variety of perspectives to the assessment of applicant qualifications.
(g) Notwithstanding any other provision of this division, the governing board or its designee shall have the authority to make all final hiring decisions based upon careful review of the candidate or candidates recommended by a screening committee. This includes the right to reject all candidates and to order further review by the screening committee or to reopen the position where necessary to further achievement of the objectives of the equal employment opportunity plan or to ensure equal employment opportunity. However, a consistent pattern of not hiring qualified candidates from a monitored group who are recommended by screening committees may give rise to an inference that the selections are not consistent with the objectives of equal employment opportunity that are required by this subchapter.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; and Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and Sections 11135-11139.5, Government Code.
HISTORY
1. Repealer and new section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Amendment of subsections (a)(2)-(c), (e) and (g) filed 5-31-96; operative 6-30-96. Submitted to OAL for printing only (Register 96, No. 23).
3. Amendment of section and Note filed 7-12-2002; operative 8-11-2002. Submitted to OAL for printing only (Register 2002, No. 35).
§53025. Persons with Disabilities.
Note • History
(a) Districts shall ensure that applicants and employees with disabilities receive reasonable accommodations consistent with the requirements of Government Code sections 11135 et seq. and 12940(m), section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act. Such accommodations may include, but are not limited to, job site modifications, job restructuring, part-time work schedules, flexible scheduling, reassignment to a reasonably equivalent vacant position, adaptive equipment, and auxiliary aids such as readers, interpreters, and notetakers. Such accommodations may be paid for with funds provided pursuant to article 3 (commencing with section 53030) of this subchapter.
(b) If a district established a goal for persons with disabilities prior to the effective date of this subsection and if significant underrepresentation still exists, it shall update that goal, set a new target date for achieving projected representation in the category or categories in question, and concurrently comply with subsections (a)(1), (a)(2) and (b) of section 53006 with respect to persons with disabilities.
(c) Where persons with disabilities are found to be significantly underrepresented, measures required under subsections (a)(1) and (a)(2) of section 53006 shall be implemented concurrently with setting a goal with a target date for achieving projected representation for persons with a disability in each job category where the underrepresentation was found to exist. Goals shall remain in effect only until projected representation has been achieved for that group in the category or categories in question. Until the Chancellor's Office provides data regarding the availability of persons with disabilities by job category, an aggregate labor force availability rate shall be utilized for setting goals for hiring persons with disabilities with respect to the total district work force. The district may also concurrently take other additional steps which take disability into account, so long as such measures are discontinued when projected representation is achieved for persons with disabilities in the category or categories in question.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and Sections 11135-11139.5, Government Code; 29 U.S.C. 794, and 42 U.S.C. Sections 12101, et seq.
HISTORY
1. Repealer and new section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Amendment of section and Note filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Repealer of subsections (a) and (b) and deletion of subsection designator filed 5-31-96; operative 6-30-96. Submitted to OAL for printing only (Register 96, No. 23).
4. Amendment of section and Note filed 7-12-2002; operative 8-11-2002. Submitted to OAL for printing only (Register 2002, No. 35).
Note • History
Each community college district shall establish a process permitting any person to file a complaint alleging that the requirements of this subchapter have been violated. A copy of the complaint shall immediately be forwarded to the Chancellor who may require that the district provide a written investigative report within ninety (90) days. Complaints which also allege discrimination prohibited by Government Code sections 11135 et seq. shall be processed according to the procedures set forth in subchapter 5 (commencing with section 59300) of chapter 10 of this division.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; and Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and Sections 11135-11139.5, Government Code.
HISTORY
1. Repealer and new section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Amendment of section and Note filed 7-12-2002; operative 8-11-2002. Submitted to OAL for printing only (Register 2002, No. 35).
§53027. Applicability to Districts Operating on the Merit System.
Note • History
Nothing in this subchapter shall be construed to conflict with or be inconsistent with the provisions of article 3 (commencing with section 88060) of chapter 4 of part 51 of the Education Code which apply to districts operating a merit system for classified employees.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; and Sections 66010.2, 66030, 66071, 66270, 87360 and 88060 et seq., Education Code; and Sections 11135-11139.5, Government Code.
HISTORY
1. Repealer and new section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Amendment of section and Note filed 7-12-2002; operative 8-11-2002. Submitted to OAL for printing only (Register 2002, No. 35).
§53028. Affirmative Action Commitment. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020 and 87105, Education Code. Reference: Sections 87100 and 87101, Education Code.
HISTORY
1. Repealer filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
§53029. Handicapped. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020 and 87105, Education Code. Reference: Sections 87100 and 87101, Education Code; Section 11135, Government Code; 29 U.S.C. 705 and 706.
HISTORY
1. Repealer filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
Article 3. Faculty and Staff Diversity Fund
§53030. Equal Employment Opportunity Fund Allocation.
Note • History
Resources provided to the Board of Governors for the purpose of promoting equal employment opportunity in hiring and promotion within the system shall be placed in an Equal Employment Opportunity Fund and shall be allocated consistent with the following;
(a) A portion of the fund, but not more than 25 percent, shall be set aside to provide technical assistance, service, monitoring, and compliance functions.
(b) That portion of the funds not allocated pursuant to subsection (a) may be allocated to the districts in the following categories:
(1) an amount proportional to the full-time equivalent students of each district to the total full-time equivalent students for all districts;
(2) an equal dollar amount to each district;
(3) an amount related to success in promoting equal employment opportunity. Multiple methods of measuring success shall be identified by the Chancellor working through the established Consultation Process.
(c) funds provided pursuant to this section may be used for:
(1) outreach and recruitment;
(2) in-service training on equal employment opportunity;
(3) accommodations for applicants and employees with disabilities pursuant to section 53025; and
(4) other activities to promote equal employment opportunity.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; and Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and Sections 11135-11139.5, Government Code.
HISTORY
1. Repealer and new section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Amendment of subsections (b) and (b)(3) and repealer of subsections (b)(4) and (b)(5) filed 5-31-96; operative 6-30-96. Submitted to OAL for printing only (Register 96, No. 23).
4. Amendment of section heading, section and Note filed 7-12-2002; operative 8-11-2002. Submitted to OAL for printing only (Register 2002, No. 35).
Note • History
NOTE
Authority cited: Sections 70901 and 87107, Education Code. Reference: Section 87107, Education Code.
HISTORY
1. New section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Amendment of subsection (a) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Repealer of section filed 5-31-96; operative 6-30-96. Submitted to OAL for printing only (Register 96, No. 23).
§53032. Point Factors. [Repealed]
Note • History
NOTE
Authority cited: Sections 70901 and 87107, Education Code. Reference: Section 87107, Education Code.
HISTORY
1. New section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Repealer of section filed 5-31-96; operative 6-30-96. Submitted to OAL for printing only (Register 96, No. 23).
Note • History
Any district failing to provide the data required under Section 53004 is not in compliance with this subchapter. Equal Employment Opportunity funds for any given fiscal year, other than those under section 53030(a), shall not be granted unless the district provides the data no later than March 31st of the preceding fiscal year or receives an extension of the deadline from the Chancellor.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; and Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and Sections 11135-11139.5, Government Code.
HISTORY
1. New section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Amendment of section filed 5-31-96; operative 6-30-96. Submitted to OAL for printing only (Register 96, No. 23).
3. Amendment of section and Note filed 7-12-2002; operative 8-11-2002. Submitted to OAL for printing only (Register 2002, No. 35).
Note • History
Districts shall submit a report on the use of Equal Employment Opportunity funds to the Chancellor's Office no later than September 30th of the fiscal year following the use of the funds. Until such time as a data element to calculate the staffing rate of persons with disabilities has been integrated into the report required under section 53004, districts will report that rate by a separate survey conducted, as directed by the Chancellor's Office.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes of 1988, Chapter 923, Section 4; and Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and Sections 11135-11139.5, Government Code.
HISTORY
1. New section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Amendment of section and Note filed 7-12-2002; operative 8-11-2002. Submitted to OAL for printing only (Register 2002, No. 35).
§53040. Governing Board's Affirmative Action Employment Policy Statement. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020, 71025, 71068, and 87105, Education Code. Reference: Section 87101, Education Code; Executive Order 11246, 3 C.F.R. 1964-1965 comp. 339, as amended by Executive Order 11375, 3 C.F.R. 1967 comp. 320; 41 C.F.R. 60-2.1-3.2, et seq. (1980); 20 U.S.C. 793; 41 C.F.R. 60-741.1-.9, et seq. (1980); 38 U.S.C. 2012; 41 C.F.R. 60-250.1-.9, et seq. (1980).
HISTORY
1. Repealer filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
§53041. Affirmative Action Responsibilities and Duties. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020, 71025, 71068, and 87105, Education Code. Reference: Sections 87100 and 87101, Education Code.
HISTORY
1. Repealer filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
§53042. Affirmative Action Officer. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020, 71025, 71068 and 87105, Education Code. Reference: Sections 87100 and 87101, Education Code.
HISTORY
1. Repealer filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
§53043. Internal Dissemination. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020, 71025, 71068 and 87105, Education Code. Reference: Sections 87100 and 87101, Education Code.
HISTORY
1. Repealer filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
§53044. External Dissemination. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020, 71025, 71068 and 87105, Education Code. Reference: Sections 87100 and 87101, Education Code.
HISTORY
1. Repealer filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
§53045. Complaint Procedure. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020, 71025, 71068 and 87105, Education Code. Reference: Sections 87100 and 87101, Education Code.
HISTORY
1. Repealer filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
§53046. Work Force Analysis. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020, 71025, 71068 and 87105, Education Code. Reference: 29 C.F.R. 1602.48 (1981).
HISTORY
1. Repealer filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Editorial correction of section heading (Register 94, No. 38).
§53049. Utilization Analysis. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020, 71025, 71068 and 87105, Education Code. Reference: Executive Order 11246, 3 C.F.R. 1964-1965 comp. 339, as amended by Executive Order 11375, 3 C.F.R. 1967 comp. 320; 41 C.F.R. 60-2.1-3.2, et seq. (1980).
HISTORY
1. Repealer filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
§53050. Corrective Action. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020, 71025, 71068 and 87105, Education Code. Reference: Executive Order 11246, 3 C.F.R. 1964-1965 comp. 339, as amended by Executive Order 11375, 3 C.F.R. 1967 comp. 320; 41 C.F.R. 60-2.1-3.2, et seq. (1980).
HISTORY
1. Repealer filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
§53051. Goals and Timetables. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020, 71025, 71068 and 87105, Education Code. Reference: Executive Order 11246, 3 C.F.R. 1964-1965 comp. 339, as amended by Executive Order 11375, 3 C.F.R. 1967 comp.
HISTORY
1. Repealer filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
§53052. Affirmative Action Advisory Committee. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020, 71025, 71068 and 87105, Education Code. Reference: Section 87100, Education Code.
HISTORY
1. Repealer filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
§53060. Fund Allocation. [Repealed]
Note • History
NOTE
Authority cited: Sections 70901 and 87107, Education Code. Reference: Section 87107, Education Code.
HISTORY
1. New section filed 9-10-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 10-10-90 (Register 90, No. 45). Submitted to OAL for printing only pursuant to Education Code section 70901.5(b).
2. Repealer filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
Note • History
NOTE
Authority cited: Sections 70901 and 87107, Education Code. Reference: Section 87107, Education Code.
HISTORY
1. New section filed 9-10-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 10-10-90 (Register 90, No. 45). Submitted to OAL for printing only pursuant to Education Code section 70901.5(b).
2. Editorial correction of printing error in subsection (c) (Register 91, No. 31).
3. Repealer filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
§53062. Point Factors. [Repealed]
Note • History
NOTE
Authority cited: Sections 70901 and 87107, Education Code. Reference: Section 87107, Education Code.
HISTORY
1. New section filed 9-10-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 10-10-90 (Register 90, No. 45). Submitted to OAL for printing only pursuant to Education Code section 70901.5(b).
2. Repealer filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
§53063. Failure to Report. [Repealed]
Note • History
NOTE
Authority cited: Sections 70901 and 87107, Education Code. Reference: Section 87107, Education Code.
HISTORY
1. New section filed 9-10-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 10-10-90 (Register 90, No. 45). Submitted to OAL for printing only pursuant to Education Code section 70901.5(b).
2. Repealer filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
§53064. Required Report. [Repealed]
Note • History
NOTE
Authority cited: Sections 70901 and 87107, Education Code. Reference: Section 87107, Education Code.
HISTORY
1. New section filed 9-10-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 10-10-90 (Register 90, No. 45). Submitted to OAL for printing only pursuant to Education Code section 70901.5(b).
2. Repealer filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
Subchapter 2. Certificated Positions
Article 1. Special Non-Credentialed Employees [Repealed]
HISTORY
1. Repealer of article 1 (sections 53100-53103) filed 5-15-93; operative 6-4-93.
Article 1.5. Sick Leave Transfer
§53125. Transfer of Accumulated Sick Leave.
Note • History
This Section prescribes the manner in which the amount of accumulated sick leave is certified for transfer under Sections 87782, 87783, and 87785 of the Education Code.
(a) As used in this Section, accumulated sick leave means a leave of absence for illness or injury that is earned under Education Code Section 87781 but is unused.
(b) Transfer shall be certified as follows:
(1) The person who accumulated the sick leave or the new employing agency requests the former employing agency to send the new employing agency a written statement of the employee's accumulated sick leave,
(2) Upon receipt of the request, the former employing agency transmits to the new employing agency a statement of the person's accumulated sick leave certified to be true and correct by the officer or employee of the former employing agency who is charged with maintaining employee attendance records,
(3) The new employing agency credits the person with the accumulated sick leave set forth in the certified statement. Any transfer of sick leave to the Chancellor's Office shall be subject to the limitations specified by Education Code Section 87785.
NOTE
Authority cited: Sections 70901, 71024 and 87782, Education Code. Reference: Sections 87781, 87782, 87783 and 87785, Education Code.
HISTORY
1. New subchapter 1.5 (section 53125) filed 4-26-74; effective thirtieth day thereafter (Register 74, No. 17).
2. Amendment of section and NOTE filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
3. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
4. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
5. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
6. Editorial correction of History 4 (Register 95, No. 19).
Article 1.6. Evaluation of Academic Employees
§53130. Availability of Rules and Regulations for Evaluation of Performance.
Note • History
The governing board of a community college district shall adopt and cause to be printed and made available to each academic employee of the district reasonable rules and regulations providing for the evaluation of the performance of academic employees in their assigned duties.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by the Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. New article 1.6 heading filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
3. Editorial correction of History 1 (Register 95, No. 19).
Article 2. Academic Senates
Note • History
For the purpose of this Subchapter:
(a) “Faculty” means those employees of a community college district who are employed in positions that are not designated as supervisory or management for the purposes of Article 5 (commencing with Section 3540) of Chapter 10.7 of Division 4 of Title 1 of the Government Code, and for which minimum qualifications for hire are specified by the Board of Governors.
(b) “Academic senate,” “faculty council,” and “faculty senate” means an organization formed in accordance with the provisions of this Subchapter whose primary function, as the representative of the faculty, is to make recommendations to the administration of a college and to the governing board of a district with respect to academic and professional matters. For purposes of this Subchapter, reference to the term “academic senate” also constitutes reference to “faculty council” or “faculty senate.”
(c) “Academic and professional matters” means the following policy development and implementation matters:
(1) curriculum, including establishing prerequisites and placing courses within disciplines;
(2) degree and certificate requirements;
(3) grading policies;
(4) educational program development;
(5) standards or policies regarding student preparation and success;
(6) district and college governance structures, as related to faculty roles;
(7) faculty roles and involvement in accreditation processes, including self-study and annual reports;
(8) policies for faculty professional development activities;
(9) processes for program review;
(10) processes for institutional planning and budget development; and
(11) other academic and professional matters as are mutually agreed upon between the governing board and the academic senate.
(d) “Consult collegially” means that the district governing board shall develop policies on academic and professional matters through either or both of the following methods, according to its own discretion:
(1) relying primarily upon the advice and judgment of the academic senate; or
(2) agreeing that the district governing board, or such representatives as it may designate, and the representatives of the academic senate shall have the obligation to reach mutual agreement by written resolution, regulation, or policy of the governing board effectuating such recommendations.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. Amendment of NOTE filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
2. Amendment of NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
3. Amendment filed 10-30-90 with Secretary of State by Board of Governors, California Community Colleges; operative 11-30-90 (Register 90, No. 49). Submitted to OAL for printing only pursuant to Education Code section 70901.5(b).
4. Relocation of article 2 heading filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
5. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
§53201. Academic Senate or Faculty Council.
Note • History
In order that the faculty may have a formal and effective procedure for participating in the formation and implementation of district policies on academic and professional matters, an academic senate may be established at the college and/or district level.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. Amendment filed 2-10-78; effective thirtieth day thereafter (Register 78, No. 6).
2. Amendment of NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
3. Amendment filed 10-30-90 with Secretary of State by Board of Governors, California Community Colleges; operative 11-30-90 (Register 90, No. 49). Submitted to OAL for printing only pursuant to Education Code section 70901.5(b).
§53202. Formation; Procedures; Membership.
Note • History
The following procedure shall be used to establish an academic senate:
(a) The full-time faculty of a community college shall vote by secret ballot to form an academic senate.
(b) In multi-college districts, the full-time faculty of the district colleges may vote on whether or not to form a district academic senate. Such vote shall be by secret ballot.
(c) The governing board of a district shall recognize the academic senate and authorize the faculty to:
(1) Fix and amend by vote of the full-time faculty the composition, structure, and procedures of the academic senate.
(2) Provide for the selection, in accordance with accepted democratic election procedures, the members of the academic senate.
(d) The full-time faculty may provide for the membership and participation of part-time faculty members in the academic senate.
(e) In the absence of any full-time faculty members in a community college, the part-time faculty of such community college may form an academic senate.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. Amendment filed 2-10-78; effective thirtieth day thereafter (Register 78, No. 6).
2. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
3. Amendment filed 10-30-90 with Secretary of State by Board of Governors, California Community Colleges; operative 11-30-90 (Register 90, No. 49). Submitted to OAL for printing only pursuant to Education Code section 70901.5(b).
Note • History
(a) The governing board of a community college district shall adopt policies for appropriate delegation of authority and responsibility to its college and/or district academic senate. Among other matters, said policies, at a minimum, shall provide that the governing board or its designees will consult collegially with the academic senate when adopting policies and procedures on academic and professional matters. This requirement to consult collegially shall not limit other rights and responsibilities of the academic senate which are specifically provided in statute or other Board of Governors regulations.
(b) In adopting the policies and procedures described in Subsection (a), the governing board or its designees shall consult collegially with representatives of the academic senate.
(c) While in the process of consulting collegially, the academic senate shall retain the right to meet with or to appear before the governing board with respect to the views, recommendations, or proposals of the senate. In addition, after consultation with the administration of the college and/or district, the academic senate may present its views and recommendations to the governing board.
(d) The governing board of a district shall adopt procedures for responding to recommendations of the academic senate that incorporate the following:
(1) in instances where the governing board elects to rely primarily upon the advice and judgment of the academic senate, the recommendations of the senate will normally be accepted, and only in exceptional circumstances and for compelling reasons will the recommendations not be accepted. If a recommendation is not accepted, the governing board or its designee, upon request of the academic senate, shall promptly communicate its reasons in writing to the academic senate.
(2) in instances where the governing board elects to provide for mutual agreement with the academic senate, and agreement has not been reached, existing policy shall remain in effect unless continuing with such policy exposes the district to legal liability or causes substantial fiscal hardship. In cases where there is no existing policy, or in cases where the exposure to legal liability or substantial fiscal hardship requires existing policy to be changed, the governing board may act, after a good faith effort to reach agreement, only for compelling legal, fiscal, or organizational reasons.
(e) An academic senate may assume such responsibilities and perform such functions as may be delegated to it by the governing board of the district pursuant to Subsection (a).
(f) The appointment of faculty members to serve on college or district committees, task forces, or other groups dealing with academic and professional matters, shall be made, after consultation with the chief executive officer or his or her designee, by the academic senate. Notwithstanding this Subsection, the collective bargaining representative may seek to appoint faculty members to committees, task forces, or other groups.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
. 1. Repealer and new section filed 10-30-90 with Secretary of State by Board of Governors, California Community Colleges; operative 11-30-90 (Register 90, No. 49). Submitted to OAL for printing only pursuant to Education Code section 70901.5(b). For prior history, see Register 81, No. 3.
2. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
Note • History
Nothing in this Subchapter shall be construed to impinge upon the due process rights of faculty, nor to detract from any negotiated agreements between collective bargaining representatives and district governing boards. It is the intent of the Board of Governors to respect agreements between academic senates and collective bargaining representatives as to how they will consult, collaborate, share, or delegate among themselves the responsibilities that are or may be delegated to academic senates pursuant to these regulations.
NOTE
Authority cited: Sections 66700 and 70901 Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. Repealer and new section filed 10-30-90 with Secretary of State by Board of Governors, California Community Colleges; operative 11-30-90 (Register 90, No. 49). Submitted to OAL for printing only pursuant to Education Code section 70901.5(b). For prior history, see Register 83, No.18.
2. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
§53205. Duties Assigned by Administration and Governing Board.
Note • History
NOTE
Authority cited: Sections 66700, 71020, 71062 and 71079, Education Code. Reference: Sections 71079 and 72292, Education Code.
HISTORY
1. Amendment filed 1-16-81; effective thirtieth day thereafter (Register 81, No. 3).
2. Amendment of NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No.18).
3. Repealer filed 10-30-90 with Secretary of State by Board of Governors, California Community Colleges; operative 11-30-90 (Register 90, No. 49). Submitted to OAL for printing only pursuant to Education Code section 70901.5(b).
§53206. Academic Senate for California Community Colleges.
Note • History
(a) An Academic Senate for the California Community Colleges has been established through ratification by local academic senates or faculty councils so that the community college faculty of California may have a formal and effective procedure for participating in the formation of state policies on academic and professional matters.
(b) The Board of Governors recognizes the Academic Senate of the California Community Colleges as the representative of community college academic senates or faculty councils before the Board of Governors and Chancellor's Office.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New section filed 5-9-78; effective thirtieth day thereafter (Register 78, No. 19).
2. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
3. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
4. Amendment of subsection (a) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
5. Editorial correction of History 3 (Register 95, No. 19).
6. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§53207. Reimbursement for Release or Reassigned Time.
Note • History
(a) Except as provided in subdivisions (d) and (e), the faculty members elected to serve as president and vice president of the Academic Senate of the California Community Colleges (ASCCC) shall be granted release or reassigned time from their local responsibilities by the districts by which they are employed during their terms of office.
(b) The amount of release or reassigned time required will be determined by the ASCCC and reported to the district employing the person elected ASCCC president by May 1st and to the district employing the person elected ASCC vice president by June 1st of the year in which these individuals will assume office, unless the election has not been conducted by those dates, in which case the information will be reported immediately upon completion of the election.
(c) The districts employing the president and the vice president of the ASCCC will be reimbursed by February 1 from the state appropriation for the ASCCC for the release or reassigned time at the part-time replacement cost identified by the district prior to September of each year. If the release or reassigned time need identified is 100 percent and the position to be filled is in a hard to replace discipline area, the district shall so certify to the Chancellor of the California Community Colleges by August 1. If the Chancellor confirms the district certification, the district shall be reimbursed at the full-time temporary replacement cost. In addition, districts shall be reimbursed by the ASCCC for reasonable and documented administrative costs associated with hiring faculty to replace the faculty serving as president and vice president of the ASCCC.
(d) A local district will not be required to grant release or reassigned time for the president or vice president of the ASCCC if it certifies by August 1 to the Chancellor, and he or she confirms, that the faculty member is in a position for which a qualified part-time or full-time temporary replacement cannot be found to meet the needs of the students.
(e) No district shall be required to grant release or reassigned time for an individual serving as president or vice president of the ASCCC for a period exceeding four years.
(f) This section shall only be operative during any fiscal year in which sufficient funds are provided therefore to the ASCCC in the annual Budget Act for that fiscal year or other legislation.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New section filed 3-12-2003; operative 4-11-2003. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 2003, No. 18).
Subchapter 3. Full-Time and Part-Time Faculty
Article 1. Scope and Definitions
Note • History
This Subchapter relates to and should be read in conjunction with the requirements of Section 51025 concerning the proportion of full-time and part-time faculty to be employed by community colleges.
NOTE
Authority cited: Sections 66700, 70901 and 87482.7, Education Code. Reference: Sections 84750 and 87482.7, Education Code.
HISTORY
1. New section filed 6-5-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 7-5-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 90, No. 37).
2. Editorial correction of printing error in subchapter 3 heading (Register 91, No. 31).
3. Amendment filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
4. Repealer and new section and amendment of Note filed 8-19-92; operative 9-18-92 (Register 92, No. 34).
5. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
6. Amendment filed 3-25-98; operative 4-24-98. Submitted to OAL for printing only (Register 98, No. 14).
Note • History
The term “part-time faculty” includes any faculty member, as defined in Section 53402(c), who is not a regular employee or contract employee of the district pursuant to Sections 87601, 87605, 87608, 87608.5, or 87609 of the Education Code.
NOTE
Authority cited: Sections 66700, 70901, 84750 and 87482.7, Education Code. Reference: Sections 84750, 87482.7, 87601, 87605, 87608, 87608.5 and 87609, Education Code.
HISTORY
1. New section filed 6-23-2000; operative 7-23-2000. Submitted to OAL for printing only (Register 2000, No. 26).
Note • History
For purposes of this Chapter the term “full-time faculty” means any faculty member, as defined in Section 53402(c), who is a regular or contract employee of the district pursuant to Sections 87601, 87605, 87608, 87608.5 or 87609 of the Education Code.
NOTE
Authority cited: Sections 66700, 70901, 84750 and 87482.7, Education Code. Reference: Sections 84750, 87482.6, 87601, 87605, 87608, 87608.5 and 87609, Education Code.
HISTORY
1. New section filed 6-5-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 7-5-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 90, No. 37).
2. Amendment of Note filed 8-19-92; operative 9-18-92 (Register 92, No. 34).
3. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
4. Amendment of section heading and section filed 3-25-98; operative 4-24-98. Submitted to OAL for printing only (Register 98, No. 14).
5. Amendment of section and Note filed 6-23-2000; operative 7-23-2000. Submitted to OAL for printing only (Register 2000, No. 26).
§53308. Full-Time Faculty Percentage.
Note • History
For purposes of this Subchapter and Section 51025, a district's full-time faculty percentage is determined as follows:
(a) Using the rules set forth in Section 53309, calculate the district's full-time equivalent faculty (FTEF) attributable to full-time faculty, as defined in Section 53302.
(b) Determine the district's total FTEF by adding together:
(1) FTEF attributable to full-time faculty, using the rules set forth in Section 53309; and
(2) FTEF attributable to part-time faculty, calculated using the rules set forth in Section 53310.
(c) To obtain the full-time faculty percentage, divide the figure from subdivision (a) (FTEF attributable to full-time faculty) by the figure from subdivision (b) (total FTEF).
NOTE
Authority cited: Sections 66700, 70901 and 87482.7, Education Code. Reference: Sections 84750 and 87482.7, Education Code.
HISTORY
1. New section filed 6-23-2000; operative 7-23-2000. Submitted to OAL for printing only (Register 2000, No. 26).
§53309. Rules for Calculating Full-Time Equivalent Faculty (FTEF) Attributable to Full-Time Faculty.
Note • History
In calculating full-time equivalent faculty (FTEF) attributable to full-time faculty, the following rules shall be applicable:
(a) With respect to instruction, FTEF shall be calculated based on the percentage of instructional hours per week considered a full-time assignment for regular instructional employees having comparable duties, excluding any noncredit instructional assignments.
(b) With respect to non-instructional activities, FTEF shall be calculated based on the percentage of working hours per week considered a full-time assignment for regular non-instructional employees having comparable duties.
(c) Regular Assignment. Include the regular assignment of full-time faculty as defined in section 53302.
(d) Overload. Exclude full-time faculty overload from the calculation of FTEF.
(e) Sabbatical. Include full-time faculty sabbatical FTEF, whether paid or unpaid, and exclude the FTEF of replacement faculty, whether full-time or part-time, from the computation to determine the full-time faculty percentage pursuant to section 53308.
(f) Released/Reassigned Time. Include FTEF for full-time faculty who are released or reassigned. The FTEF of a full-time faculty member on released or reassigned time shall be counted as if the faculty member was teaching/working full-time and had not been provided released or reassigned time. The FTEF of replacement faculty, whether full-time or part-time, shall be excluded from the computation to determine the full-time faculty percentage pursuant to section 53308.
(g) Unpaid Leave. Include unpaid leave FTEF for a faculty member on unpaid leave. The FTEF of a full-time faculty member on unpaid leave shall be counted as if the faculty member was teaching/working full-time and had not been provided with unpaid leave. The FTEF of replacement faculty, whether full-time or part-time, shall be excluded from the computation to determine the full-time faculty percentage pursuant to section 53308.
(h) Teaching by Others. Include credit instruction FTEF taught by classified staff or administrators who are appropriately qualified to teach, under the following conditions:
(1) Only the actual hours of teaching by such individuals shall be included in determining the FTEF; and
(2) The hours of teaching by such individuals must be part of a regular contract, and not taught as an overload assignment.
(i) Late Retirement. The FTEF of a faculty member who resigned or retired and who provided written notice thereof within 45 faculty duty days of the end of the previous Spring primary term and whose position has not been replaced by another full-time faculty member by the current Fall primary term, shall be included. The FTEF of replacement faculty, whether full-time or part-time, shall be excluded from the computation to determine the full-time faculty percentage pursuant to section 53308.
Districts are required to fill the position(s) by the following Spring primary term unless designees for the district governing board and academic senate jointly agree that it is in the best interests of the district to delay the filling of the position. In such cases, replacement must be made by the following primary term or the Chancellor shall reduce the district's state apportionment revenues for the current year in accordance with the provisions of section 51025. If the number of late retirees exceeds fifteen percent (15%) of the district's total number of full-time faculty, and the district's governing board and academic senate jointly agree, a district may file a request with the Chancellor's Office for a one-year extension to fulfill its hiring obligation to replace those retirees.
(j) Parcel Tax. Exclude FTEF of full-time faculty funded from temporary local sources as authorized by Government Code section 50079.1.
NOTE
Authority cited: Sections 66700, 70901 and 87482.7, Education Code; and section 50079.1, Government Code. Reference: Sections 84750 and 87482.7, Education Code.
HISTORY
1. New section filed 6-23-2000; operative 7-23-2000. Submitted to OAL for printing only (Register 2000, No. 26).
2. Amendment of subsection (i) filed 10-16-2001; operative 11-15-2001. Submitted to OAL for printing only (Register 2001, No. 43).
3. Amendment of subsection (i), new subsection (j) and amendment of Note filed 12-16-2011; operative 1-15-2012. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2011, No. 51).
Article 2. Proportions of Full-Time and Part-Time Faculty, Computation and Reports
§53310. Rules for Calculating Full-Time Equivalent Faculty (FTEF) Attributable to Part-Time Faculty.
Note • History
In calculating full-time equivalent faculty (FTEF) attributable to part-time faculty, the following rules shall be applicable:
(a) With respect to instruction, FTEF shall be calculated based on the percentage of instructional hours per week considered a full-time assignment for regular instructional employees having comparable duties, excluding any noncredit instructional assignments.
(b) With respect to non-instructional activities, FTEF shall be calculated based on the percentage of working hours per week considered a full-time assignment for regular non-instructional employees having comparable duties.
(c) All instructional and noninstructional activities of part-time faculty shall be included, except the following:
(1) FTEF attributable to part-time faculty who replace full-time faculty on sabbatical leave.
(2) FTEF attributable to part-time faculty who replace full-time faculty on released or reassigned time.
(3) FTEF of part-time faculty replacing full-time faculty on unpaid leave.
(4) FTEF of part-time faculty replacing full-time faculty who resigned or retired late as defined in section 53309(i).
(5) FTEF of part-time faculty funded from temporary local sources as authorized by Government Code section 50079.1.
NOTE
Authority cited: Sections 66700, 70901 and 87482.7, Education Code; and section 50079.1, Government Code. Reference: Sections 84750 and 87482.7, Education Code.
HISTORY
1. New section filed 6-5-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 7-5-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 90, No. 37).
2. Editorial correction of printing error in article 2 heading (Register 91, No. 31).
3. New subsections (f)-(h) and amendment of Note filed 8-19-92; operative 9-18-92 (Register 92, No. 34).
4. Amendment of subsection (h) filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
5. Amendment of subsections (d), (e), (g) and (h) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
6. Amendment of section heading and section filed 3-25-98; operative 4-24-98. Submitted to OAL for printing only (Register 98, No. 14).
7. Repealer and new section filed 6-23-2000; operative 7-23-2000. Submitted to OAL for printing only (Register 2000, No. 26).
8. New subsection (c)(4) filed 10-16-2001; operative 11-15-2001. Submitted to OAL for printing only (Register 2001, No. 43).
9. New subsection (c)(5) and amendment of Note filed 12-16-2011; operative 1-15-2012. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2011, No. 51).
Note • History
For purposes of this Subchapter, “base data” means both the district's base full-time faculty percentage and its base full-time faculty obligation (the number of full-time faculty the district is required to maintain or the number of additional full-time faculty to be hired by the Fall term of the subsequent year.) The data necessary to calculate the base full-time faculty percentage shall be determined from the current year's Fall management information system staff data submission to the Chancellor's Office.
NOTE
Authority cited: Sections 66700, 70901 and 87482.7, Education Code. Reference: Sections 84750 and 87482.7, Education Code.
HISTORY
1. New section filed 6-5-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 7-5-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 90, No. 37).
2. Amendment of section heading, text and Note filed 8-19-92; operative 9-18-92 (Register 92, No. 34).
3. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
4. Amendment filed 3-25-98; operative 4-24-98. Submitted to OAL for printing only (Register 98, No. 14).
5. Amendment filed 6-23-2000; operative 7-23-2000. Submitted to OAL for printing only (Register 2000, No. 26).
§53312. Additional Full-Time Faculty Positions.
Note • History
(a) The Chancellor shall compute the number of full-time faculty which each district is to secure in accordance with Sections 51025 and 53308, as the result of applying additional FTES growth and program improvement revenue allotments.
(b) This computation shall be made by dividing the applicable portion of program improvement revenue (0 percent, 33 percent, or 40 percent of the program improvement allocation), by the statewide average “replacement cost” (a figure which represents the statewide average faculty salary plus benefits, minus the statewide hourly rate of compensation for part-time instructors times the statewide average full-time teaching load).
(c) If the quotient determined in paragraph (b) is not a whole number, then the quotient shall be rounded down to the nearest whole number. If the quotient, once applied, will result in the district exceeding the 75 percent standard, the Chancellor shall further reduce the quotient to a whole number that will leave the district as close as possible to, but in excess of, the 75 percent standard.
(d) The computation for the funded growth in full-time equivalent student workload obligation to secure additional full-time faculty shall, when required pursuant to the provisions of Section 51025(a)(1) and (e), be made by multiplying the percentage of funded credit FTES growth times the base number of full-time faculty that were to be in place by Fall of the current year.
NOTE
Authority cited: Sections 66700, 70901 and 87482.7, Education Code. Reference: Sections 84750 and 87482.7, Education Code.
HISTORY
1. New section filed 6-5-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 7-5-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 90, No. 37).
2. Amendment of subsections (a) and (c) and Note and new subsection (d) filed 8-19-92; operative 9-18-92 (Register 92, No. 34).
3. Amendment of subsection (a) filed 6-23-2000; operative 7-23-2000. Submitted to OAL for printing only (Register 2000, No. 26).
Note • History
By the Spring term of each year, the Chancellor shall report to districts the estimated number of full-time faculty each district must secure by the following Fall term based upon the appropriation of revenues contained in that year's Budget Act and the Board of Governors' action pursuant to Section 51025(e).
NOTE
Authority cited: Sections 66700, 70901 and 87482.7, Education Code. Reference: Sections 84750 and 87482.7, Education Code.
HISTORY
1. New section filed 6-5-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 7-5-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 90, No. 37).
2. Repealer and new section and amendment of Note filed 8-19-92; operative 9-18-92 (Register 92, No. 34).
3. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
4. Amendment filed 6-23-2000; operative 7-23-2000. Submitted to OAL for printing only (Register 2000, No. 26).
Article 3. Enforcement [Repealed]
§53320. Funding Reductions. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901 and 87482.6, Education Code. Reference: Section 87482.6, Education Code.
HISTORY
1. New section filed 6-5-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 7-5-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 90, No. 37).
2. Amendment filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
3. Repealer filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
Subchapter 4. Minimum Qualifications
Article 1. Scope and Definitions
Note • History
This Subchapter implements and should be read in conjunction with the requirements of Education Code Sections 87001, 87002, 87003, 87356 and 87359 concerning minimum qualifications for community college faculty and administrators. The provisions of this subchapter are effective July 1, 1990.
NOTE
Authority cited: Sections 66700, 70901, 87001, 87356 and 87359, Education Code. Reference: Sections 87001, 87002, 87003, 87356 and 87359, Education Code.
HISTORY
1. New section filed 6-5-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 7-5-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 90, No. 37).
2. Amendment filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
3. Amendment filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
4. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
§53401. Applicability to Community Services and Contract Classes.
Note • History
Community service or contract classes which do not award college credit and are not supported by state apportionment are not subject to the provisions of this Subchapter. Contract classes which award college credit are subject to this Subchapter, even if they are not supported by state apportionment.
NOTE
Authority cited: Sections 70901(b)(1)(B) and 87356, Education Code. Reference: Sections 70901(b)(1)(B), 78020 through 78023 and 78300, Education Code.
HISTORY
1. New section filed 6-26-92; operative 7-27-92 (Register 92, No. 26).
2. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
Note • History
(a) “Administrator” means any person employed by the governing board of a district in a supervisory or management position as defined in Article 5 (commencing with Section 3540) of Chapter 10.7 of Division 4 of Title 1 of the Government Code.
(b) “Educational administrator” means an administrator who is employed in an academic position designated by the governing board of the district as having direct responsibility for supervising the operation of or formulating policy regarding the instructional or student services program of the college or district. Educational administrators include, but are not limited to, chancellors, presidents, and other supervisory or management employees designated by the governing board as educational administrators.
(c) “Faculty” or “faculty member” means those employees of a district who are employed in academic positions that are not designated as supervisory or management for the purposes of Article 5 (commencing with Section 3540) of Chapter 10.7 of Division 4 of Title 1 of the Government Code and for which minimum qualifications for service are specified in Section 53410-53414 or other provisions of this division. Faculty include, but are not limited to, instructors, librarians, counselors, community college health service professionals, disabled student programs and services professionals, extended opportunity programs and services professionals, and individuals employed to perform a service that, before July 1, 1990, required nonsupervisorial, nonmanagement community college certification qualifications.
NOTE
Authority cited: Sections 66700, 70901 and 87001, Education Code. Reference: Sections 87001, 87002 and 87003, Education Code.
HISTORY
1. New section filed 6-5-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 7-5-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 90, No. 37).
2. Amendment filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
§53403. Applicability of Amendments.
Note • History
Notwithstanding changes that may be made to the minimum qualifications established in this division, or to the implementing discipline lists adopted by the Board of Governors, the governing board of a community college district may continue to employ a person to teach in a discipline or render a service subject to minimum qualifications, if he or she, at the time of initial hire by the district, was qualified to teach in that discipline or render that service under the minimum qualifications or disciplines lists then in effect.
Every person authorized to serve under a credential shall retain the right to serve under the terms of that credential, and, for that purpose, shall be deemed to possess the minimum qualifications specified for every discipline or service covered by the credential until the expiration of that credential. However, a credential shall be invalid when the holder has been convicted of any crime that, under former law, would have been mandatory grounds for revocation, or when the Chancellor's Office has determined that the credential was obtained by fraud.
NOTE
Authority cited: Sections 70901, 87355 and 87356, Education Code. Reference: Sections 70901(b)(1)(B), 87355 and 87356, Education Code.
HISTORY
1. New section filed 6-26-92; operative 7-27-92 (Register 92, No. 26).
2. New second paragraph and amendment of Note filed 10-5-93; operative 11-4-93. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 93, No. 42).
§53404. Definition of Experience.
Note • History
Where years of professional or occupational experience are referred to in this Subchapter, the requirement is for the stated number of years of full-time experience or the equivalent in part-time experience. Unpaid experience may be counted if it entailed responsibilities substantially similar to those of relevant paid positions in the field. Applicants bear the responsibility for verifying all experience by documentation satisfactory to the districts.
As used in this Subchapter, “professional experience” includes teaching experience. “Occupational experience” does not include teaching experience.
As used in this Section, “year” means that period of time which in that occupation is accepted by contract or general agreement as a regular work year for that occupation on a full-time basis.
NOTE
Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901(b)(1)(B) and 87356, Education Code.
HISTORY
1. New section filed 6-26-92; operative 7-27-92 (Register 92, No. 26).
2. Amendment of section and Note filed 10-5-93; operative 11-4-93. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 93, No. 42).
3. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
§53405. Certificated Employees.
Note • History
Whenever in this Division, reference is made to “certificated employees” or to employees in “positions with certification qualifications,” where such references are to certificates or credentials issued by the Board of Governors, these references are deemed to also apply to persons employed by districts pursuant to minimum qualifications established pursuant to Subchapter 4 of this Division.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
§53406. Requirement for Accredited Degrees and Units; Definition of Accredited Institution.
Note • History
All degrees and units used to satisfy minimum qualifications shall be from accredited institutions, unless otherwise specified in this Article.
For purposes of this Subchapter, “accredited institution” shall mean a postsecondary institution accredited by an accreditation agency recognized by either the U.S. Department of Education or the Council on Postsecondary Accreditation. It shall not mean an institution “approved” by the California Department of Education or by the California Council for Private Postsecondary and Vocational Education.
Determination of equivalency of foreign degrees shall be according to district rule.
NOTE
Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901(b)(1)(B) and 87356, Education Code.
HISTORY
1. New section filed 10-5-93; operative 11-4-93. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 93, No. 42).
2. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
Note • History
(a) The Board of Governors hereby adopts and incorporates by reference into this provision the lists published by the Chancellor's Office, entitled “Disciplines Requiring the Master's Degree,” “Disciplines in which the Master's Degree is not Generally Expected or Available, but which require a Bachelor's Degree” and “Disciplines in which the Master's Degree is not Generally Available” as adopted by the Board at its May 2009 meeting, for the following purposes:
(1) to establish a working definition of the term “discipline” as used in section 53410;
(2) to define which disciplines are “reasonably related” to one another, for purposes of section 53410;
(3) to define disciplines in which the master's degree is required, for purposes of section 53410;
(4) to define disciplines in which the master's degree is not generally expected or available, but in which a bachelor's or associate degree in the discipline directly related to the faculty member's teaching assignment is expected or available, for purposes of section 53410;
(5) to define disciplines in which the master's degree is not generally expected or available, and in which a bachelor's or associate degree in the discipline directly related to the faculty member's teaching assignment is not expected or available, for purposes of section 53410.
(b) Revisions after May 2009 to the lists referenced in subdivision (a) shall be considered incorporated by reference into this provision when they have been adopted by the Board.
NOTE
Authority cited: Sections 70901, 87356 and 87357, Education Code. Reference: Sections 70901(b)(1)(B), 87356 and 87357, Education Code.
HISTORY
1. New section filed 10-5-93; operative 11-4-93. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 93, No. 42).
2. Amendment filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
3. Amendment filed 6-16-2009; operative 7-16-2009. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2009, No. 25).
Article 2. Qualifications and Equivalencies
§53410. Minimum Qualifications for Instructors of Credit Courses, Counselors, and Librarians.
Note • History
The minimum qualifications for service as a community college faculty member teaching any credit course, or as a counselor or librarian, shall be satisfied by meeting any one of the following requirements:
(a) Possession of a master's degree, or equivalent foreign degree, in the discipline of the faculty member's assignment.
(b) Possession of a master's degree, or equivalent foreign degree, in a discipline reasonably related to the faculty member's assignment and possession of a bachelor's degree, or equivalent foreign degree, in the discipline of the faculty member's assignment.
(c) For faculty assigned to teach courses in disciplines where the master's degree is not generally expected or available, but where a related bachelor's or associate degree is generally expected or available, possession of either:
(1) a bachelor's degree in the discipline directly related to the faculty member's teaching assignment or equivalent foreign degree plus two years of professional experience directly related to the faculty member's teaching assignment; or
(2) an associate degree in the discipline directly related to the faculty member's teaching assignment or equivalent foreign degree plus six years of professional experience directly related to the faculty member's teaching assignment.
(d) For faculty assigned to teach courses in disciplines where the master's degree is not generally expected or available, and where a related bachelor's or associate degree is not generally expected or available, possession of either:
(1) any bachelor's degree or equivalent foreign degree plus two years of professional experience directly related to the faculty member's teaching assignment; or
(2) any associate degree or equivalent foreign degree plus six years of professional experience directly related to the faculty member's teaching assignment.
NOTE
Authority cited: Sections 66700, 70901 and 87356, Education Code. Reference: Sections 70901(b)(1)(B), 87003, and 87356, Education Code.
HISTORY
1. New section filed 6-5-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 7-5-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 90, No. 37).
2. Amendment of first paragraph and subsections (a) and (b) filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
3. Amendment filed 10-5-93; operative 11-4-93. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 93, No. 42).
4. Amendment of Note filed 11-10-93; operative 10-8-93 (Register 93, No. 46).
5. Editorial correction of subsection (c)(2) (Register 96, No. 40).
6. Amendment of subsection (c), repealer and new subsections (c)(1)-(2) and new subsections (d)-(d)(2) filed 6-16-2009; operative 7-16-2009. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2009, No. 25).
§53410.1. Professional License As Alternative Qualification.
Note • History
For disciplines specified in this section, a bachelor's degree in the discipline of the assignment plus a professional license or certification may be substituted for the minimum qualifications specified in section 53410. The license or certification so substituted must be valid in California. The following professional licenses and certifications are acceptable:
Discipline License or Certification
Accounting Certified Public Accountant
Counseling Marriage and Family Therapist
Engineering Professional Engineer
Nutritional Science/Dietetics Registered Dietitian
NOTE
Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901(b)(1)(B) and 87356, Education Code.
HISTORY
1. New section filed 10-5-93; operative 11-4-93. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 93, No. 42).
2. Amendment filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§53411. Minimum Qualifications for Health Services Professionals.
Note • History
(a) The minimum qualifications for a health services professional with overall responsibility for developing and directing student health services shall be a valid, current California license as a registered nurse, and either of the following:
(1) a master's degree in nursing and a California Public Health Nurse certificate; or
(2) a bachelor's degree in nursing, a California Public Health Nurse certificate, and a master's degree in health education, sociology, psychology, counseling, health care administration, public health, or community health.
(b) Other health services personnel shall not be subject to statewide minimum qualfications; however, all personnel shall possess appropriate valid, current licensure or certification to practice in California when required by law. Ancillary personnel shall work under appropriate supervision when required by their license laws.
NOTE
Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901(b)(1)(B), 87003 and 87356, Education Code.
HISTORY
1. New section filed 10-5-93; operative 11-4-93. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 93, No. 42).
§53412. Minimum Qualifications for Instructors of Noncredit Courses.
Note • History
Except as provided elsewhere in this article, the minimum qualifications for service as a faculty member teaching a noncredit course shall be the same as the minimum qualifications for credit instruction in the appropriate discipline, or as follows:
(a) For an interdisciplinary noncredit basic skills course, a bachelor's in any social science, humanities, mathematics, or natural science discipline or in liberal studies, as appropriate for the course.
(b) For a noncredit basic skills course in mathematics, a bachelor's in mathematics.
(c) For a noncredit basic skills course in reading and/or writing, either: a bachelor's degree in English, literature, comparative literature, composition, linguistics, speech, creative writing, or journalism; or a bachelor's degree in any discipline and twelve semester units of coursework in teaching reading.
(d) For a noncredit course in citizenship, a bachelor's degree in any discipline, and six semester units in American history and institutions.
(e) For a noncredit course in English as a second language (ESL), any one of the following:
(1) A bachelor's degree in teaching English as a second language, or teaching English to speakers of other languages.
(2) A bachelor's degree in education, English, linguistics, applied linguistics, any foreign language, composition, bilingual/bicultural studies, reading, or speech; and a certificate in teaching English as a second language, which may be completed concurrently during the first year of employment as a noncredit instructor.
(3) A bachelor's degree with any of the majors specified in subparagraph (2) above; and one year of experience teaching ESL in an accredited institution; and a certificate in teaching English as a second language, which may be completed concurrently during the first two years of employment as a noncredit instructor.
(4) Possession of a full-time, clear California Designated Subjects Adult Education Teaching Credential authorizing instruction in ESL.
(f) For a noncredit course in health and safety, a bachelor's degree in health science, health education, biology, nursing, dietetics, or nutrition; or an associate degree in any of those subjects, and four years of professional experience related to the subject of the course taught.
(g) For a noncredit course in home economics, a bachelor's degree in home economics, life management, family and consumer studies, dietetics, food management, interior design, or clothing and textiles; or an associated degree in any of those subjects, and four years of professional experience related to the subject of the course taught.
(h) For a noncredit course intended for older adults, either pattern (1) or pattern (2) following:
(1) A bachelor's degree with a major related to the subject of the course taught; and either (A) or (B) below:
(A) Thirty hours or two semester units of course work or class work in understanding the needs of the older adult, taken at an accredited institution of higher education or approved by the district. This requirement may be completed concurrently during the first year of employment as a noncredit instructor.
(B) One year of professional experience working with older adults.
(2) An associate degree with a major related to the subject of the course taught; and two years of occupational experience related to the subject of the course taught; and sixty hours or four semester units of coursework or classwork in understanding the needs of the older adult, taken at an accredited institution of higher education or approved by the district. This last requirement may be completed concurrently during the first year of employment as a noncredit instructor.
(i) For a noncredit course in parent education, a bachelor's degree in child development, early childhood education, human development, family and consumer studies with a specialization in child development or early childhood education, educational psychology with a specialization in child development, elementary education, psychology, or family life studies; and two years of professional experience in early childhood programs or parenting education.
(j) For a short-term noncredit vocational course, any one of the following:
(1) A bachelor's degree; and two years of occupational experience related to the subject of the course taught.
(2) An associate degree; and six years of occupational experience related to the subject of the course taught.
(3) Possession of a full-time, clear California Designated Subjects Adult Education Teaching Credential authorizing instruction in the subject matter.
(4) For courses in an occupation for which the district offers or has offered apprenticeship instruction, the minimum qualifications for noncredit apprenticeship instructors in that occupation, as specified in Section 53413.
NOTE
Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901(b)(1)(B) and 87356, Education Code.
HISTORY
1. New section filed 10-30-90 with Secretary of State by Board of Governors, California Community Colleges; operative 11-30-90 (Register 90, No. 49). Submitted to OAL for printing only pursuant to Education Code section 70901.5(b).
2. Amendment filed 6-19-91; operative 7-19-91. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 91, No. 50).
3. Amendment of first paragraph and subsection (b) filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
4. Repealer and new section filed 6-26-92; operative 7-27-92 (Register 92, No. 26).
5. Editorial correction of printing error in subsection (a) and inadvertant omission of subsection (h)(1) (Register 92, No. 45).
6. Amendment of section and Note filed 10-5-93; operative 11-4-93. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 93, No. 42).
§53413. Minimum Qualifications for Apprenticeship Instructors.
Note • History
(a) The minimum qualifications for service as a community college faculty member teaching credit apprenticeship courses shall be satisfied by meeting one of the following two requirements:
(1) Possession of an associate degree, plus four years of occupational experience in the subject matter area to be taught; or
(2) Six years of occupational experience, a journeyman's certificate in the subject matter area to be taught, and completion of at least eighteen (18) semester units of degree applicable college level course work, in addition to apprenticeship credits.
(b) The minimum qualifications for service as a community college faculty member teaching noncredit apprenticeship courses shall be either of the following:
(1) The minimum qualifications for credit apprenticeship instruction as set forth in this section, or
(2) A high school diploma; and six years of occupational experience in the occupation to be taught, including at least two years at the journeyman level; and sixty clock hours or four semester units in materials, methods, and evaluation of instruction. This last requirement may be satisfied concurrently during the first year of employment as an apprenticeship instructor.
NOTE
Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901(b)(1)(B), 87356 and 87357, Education Code.
HISTORY
1. New section filed 10-30-90 with Secretary of State by Board of Governors, California Community Colleges; operative 11-30-90 (Register 90, No. 49). Submitted to OAL for printing only pursuant to Education Code section 70901.5(b).
2. Amendment of subsections (a), (b) and (b)(3) filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
3. New subsections (c)-(c)(2) filed 6-26-92; operative 7-27-92 (Register 92, No. 26).
4. Amendment of section and Note filed 10-5-93; operative 11-4-93. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 93, No. 42).
5. Repealer of subsections (a)-(a)(2), subsection relettering and amendment of newly designated subsections (a) and (b) filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§53414. Minimum Qualifications for Disabled Students Programs and Services Employees.
Note • History
(a) The minimum qualifications for service as a community college counselor of students with disabilities shall be satisfied by meeting one of the following requirements;
(1) Possession of a master's degree, or equivalent foreign degree, in rehabilitation counseling, or
(2) Possession of a master's degree, or equivalent foreign degree, in special education, and twenty four or more semester units in upper division or graduate level course work in counseling, guidance, student personnel, psychology, or social work; or
(3) A master's degree in counseling, guidance, student personnel, psychology, career development, or social welfare; and either twelve or more semester units in upper division or graduate level course work specifically in counseling or rehabilitation of individuals with disabilities, or two years of full-time experience, or the equivalent, in one or more of the following;
(A) Counseling or guidance for students with disabilities; or
(B) Counseling and/or guidance in industry, government, public agencies, military or private social welfare organizations in which the responsibilities of the position were predominantly or exclusively for persons with disabilities.
(b) The minimum requirements for service as a community college faculty member teaching a credit course in adapted physical education shall be the minimum qualifications for an instructor of credit physical education, and fifteen semester units of upper division or graduate study in adapted physical education.
(c) The minimum requirements for service to work with students with speech and language disabilities shall be satisfied by meeting the following requirements:
(1) Possession of a master's degree, or equivalent foreign degree, in speech pathology and audiology, or in communication disorders; and
(2) Licensure or eligibility for licensure as a speech pathologist or audiologist by the Medical Board of California.
(d) Except as provided in Subsections (a) through (c) above, the minimum requirements for service as a community college faculty member to provide credit specialized instruction for students with disabilities shall be satisfied by meeting the following requirements:
(1) Possession of a master's degree, or equivalent foreign degree, in the category of disability, special education, education, psychology, educational psychology, or rehabilitation counseling; and
(2) Fifteen semester units of upper division or graduate study in the area of disability, to include, but not be limited to:
(A) Learning disabilities;
(B) Developmental disabilities;
(C) Deaf and hearing impaired;
(D) Physical disabilities; or
(E) Adapted computer technology.
(e) The minimum qualifications for service as a faculty member to provide noncredit specialized instruction for students with disabilities shall be any one of the following:
(1) The minimum qualifications for providing credit specialized instruction for students with disabilities as specified in this section.
(2) A bachelor's degree with any of the following majors: education of students with specific or multiple disabilities; special education; psychology; physical education with an emphasis in adaptive physical education; communicative disorders; rehabilitation; computer-based education; other computer-related majors which include course work on adapted or assistive computer technology for students with disabilities; other majors related to providing specialized instruction or services to persons with disabilities.
(3) An associate degree with one of the majors specified in subparagraph (2) above; and four years of experience providing specialized instruction or services to persons in the disability category or categories being served.
(4) For noncredit vocational courses, an associate degree or certificate of training; and four years of occupational experience related to the subject of the course taught; and two years of experience providing specialized instruction or services to persons in the disability category being served.
NOTE
Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901(b)(1)(B) and 87356, Education Code.
HISTORY
1. New section filed 10-30-90 with Secretary of State by Board of Governors, California Community Colleges; operative 11-30-90 (Register 90, No. 49). Submitted to OAL for printing only pursuant to Education Code section 70901.5(b).
2. Amendment filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
3. Amendment of subsections (a)(3), (b), (c)(2) and (d), and new subsections (e)-(e)(4) filed 6-26-92; operative 7-27-92 (Register 92, No. 26).
4. Amendment of section and Note filed 10-5-93; operative 11-4-93. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 93, No. 42).
§53415. Minimum Qualifications for Learning Assistance or Learning Skills Coordinators or Instructors, and Tutoring Coordinators.
Note • History
The minimum qualifications for service as a learning assistance or learning skills coordinator or instructor, or tutoring coordinator, shall be either (a) or (b) below:
(a) the minimum qualifications to teach any master's level discipline in which learning assistance or tutoring is provided at the college where the coordinator is employed; or
(b) a master's degree in education, educational psychology, or instructional psychology, or other master's degree with emphasis in adult learning theory.
Minimum qualifications do not apply to tutoring or learning assistance for which no apportionment is claimed.
NOTE
Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901 and 87356, Education Code.
HISTORY
1. New section filed 10-5-93; operative 11-4-93. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 93, No. 42).
§53416. Minimum Qualifications for Work Experience Instructors or Coordinators.
Note • History
The minimum qualifications for an instructor or coordinator of general or occupational work experience education, as defined in Section 55252, shall be the minimum qualifications in any discipline in which work experience may be provided at the college where the instructor or coordinator is employed.
NOTE
Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901 and 87356, Education Code.
HISTORY
1. New section filed 10-5-93; operative 11-4-93. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 93, No. 42).
§53417. Licensed or Certificated Occupations.
Note • History
In addition to other minimum qualifications specified in this article, the minimum qualifications for a faculty member teaching any credit or noncredit course shall include a current, valid certificate to work or a license to practice in California, whenever the instructor's possession of such a certificate or license is required for program or course approval, or when current occupational certification is essential for effective instruction, as determined through local hiring procedures.
NOTE
Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901 and 87356, Education Code.
HISTORY
1. New section filed 10-5-93; operative 11-4-93. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 93, No. 42).
§53420. Minimum Qualifications for Educational Administrators.
Note • History
The minimum qualifications for service as an educational administrator shall be both of the following:
(a) Possession of a master's degree; and
(b) One year of formal training, internship, or leadership experience reasonably related to the administrator's administrative assignment.
NOTE
Authority cited: Sections 66700, 70901 and 87356, Education Code. Reference: Sections 87002 and 87356, Education Code.
HISTORY
1. New section filed 6-5-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 7-5-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 90, No. 37).
2. Amendment of section heading and first paragraph filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
3. Amendment of section and Note filed 10-5-93; operative 11-4-93. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 93, No. 42).
Note • History
(a) No one may be hired to serve as a community college faculty or educational administrator unless the governing board determines that he or she possesses qualifications that are at least equivalent to the minimum qualifications specified in this Article or elsewhere in this Division. The criteria used by the governing board in making the determination shall be reflected in the governing board's action employing the individual.
(b) The process, as well as criteria and standards by which the governing board reaches its determinations regarding faculty, shall be developed and agreed upon jointly by representatives of the governing board and the academic senate, and approved by the governing board. The agreed upon process shall include reasonable procedures to ensure that the governing board relies primarily upon the advice and judgment of the academic senate to determine that each individual faculty employed under the authority granted by this Section possesses qualifications that are at least equivalent to the applicable minimum qualifications specified in this Division.
(c) The process shall further require that the academic senate be provided with an opportunity to present its views to the governing board before the governing board makes a determination; and that the written record of the decision, including the views of the academic senate, shall be available for review pursuant to Education Code Section 87358.
(d) Until a joint agreement is reached and approved pursuant to Subdivision (b), the district shall be bound by the minimum qualifications set forth in this Subchapter.
NOTE
Authority cited: Sections 66700, 70901 and 87359, Education Code. Reference: Section 87359, Education Code.
HISTORY
1. New section filed 6-5-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 7-5-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 90, No. 37).
2. Amendment of subsections (a) and (b) filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
3. Amendment filed 10-5-93; operative 11-4-93. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 93, No. 42).
4. Amendment of subsections (a), (b) and (d) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
Subchapter 5. Faculty Internship Programs
Note • History
The governing board of any community college district may establish a faculty internship program pursuant to the provisions of this Subchapter and Section 87487 of the Education Code. In accordance therewith, governing boards may employ, as faculty interns within the program, graduate students enrolled in the California State University, the University of California, or any other accredited institution of higher education subject to Chapter 3 (commencing with Section 94300) of Part 59 of the Education Code or in vocational and technical fields where a master's degree is not generally expected or available, persons who are within one year of meeting the regular faculty minimum qualifications. Persons who meet the regular faculty minimum qualifications but who lack teaching experience may also be included in internship programs authorized by this Section to the extent authorized by the local governing board. A student employed as a faculty intern shall be employed as a temporary faculty member under Section 87482.5 of the Education Code, and shall meet the minimum qualifications specified in Section 53502.
For purposes of this Subchapter, the term “faculty intern” does not include any person, no matter how designated, who only assists in a class taught by a regularly qualified faculty member, and who has no independent responsibility for instruction or supervision of students. Such a person may be termed an “intern,” and may serve as a volunteer or receive a stipend according to policies established by the district.
NOTE
Authority cited: Sections 70901 and 87487, Education Code. Reference: Section 87487, Education Code.
HISTORY
1. New section filed 4-3-92; operative 5-4-92 (Register 92, No. 15).
2. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Amendment of first paragraph filed 9-3-96; operative 10-3-96. Submitted to OAL for printing only (Register 96, No. 40).
Note • History
The purposes of the faculty internship program shall include, but not be limited to, the following:
(a) To enhance the recruitment of qualified persons pursuing the master's or doctoral degrees, or both, into faculty positions in community colleges in California, particularly for disciplines for which recruitment is difficult and for disciplines in which a shortage of qualified faculty is anticipated. In order to accomplish this purpose, the internship program shall serve to introduce graduate students, before they approach the end of their graduate studies, to the community college environment and student population.
(b) To enhance the recruitment of qualified persons pursuing an associate degree into faculty positions in community colleges in California, particularly for disciplines for which current industry experience is important and disciplines for which recruitment is difficult and in which a shortage of faculty is anticipated. In order to accomplish this purposes, the internship program shall serve to introduce industry practitioners to the community college environment and student populations while encouraging them to complete their associate degrees.
(c) To enhance community college efforts toward building a diverse faculty. In order to accomplish this purpose, the internship program shall place special emphasis on promoting inclusive efforts to locate and attract qualified graduate students who are members of monitored groups as defined in section 53001(i).
NOTE
Authority cited: Sections 70901, 87105 and 87487, Education Code. Reference: Sections 87101 and 87487, Education Code.
HISTORY
1. New section filed 4-3-92; operative 5-4-92 (Register 92, No. 15).
2. New subsection (b) and subsection relettering filed 9-3-96; operative 10-3-96. Submitted to OAL for printing only (Register 96, No. 40).
3. Amendment of first paragraph and subsections (b)-(c) filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§53502. Minimum Qualifications.
Note • History
A student employed as a faculty intern shall meet the following minimum qualifications:
(a) For those disciplines in which a master's degree is required, faculty interns shall be enrolled in a master's or doctoral program at the University of California, the California State University, or any other accredited institution of higher education subject to Chapter 3 (commencing with Section 94300) of Part 59 of the Education Code, and shall have completed at least one-half of the coursework, or the equivalent, in that graduate program.
(b) For those disciplines for which a master's degree is not expected or required, the faculty intern shall possess any license or certificate required to do that work and (1) be within one year of completing the associate degree and have six years industry experience in the discipline, or (2) have completed the associate degree and have completed five years of industry experience in that discipline.
(c) Faculty interns shall only be assigned to teach or to serve in a discipline in which they would be legally qualified to teach or render service upon completion of their graduate studies or associate degree and six years of industry experience in that discipline. A faculty intern shall be limited to two years of participation in the program.
(d) Each faculty intern shall serve under the direct supervision of a mentor who is legally qualified to teach the course or render the service that the faculty intern is providing. The district governing board shall ensure that faculty mentors provide substantial direct in-class supervision and evaluation of interns' teaching capabilities. The mentor shall have no other assigned duties during the time that the faculty intern is teaching or rendering service. The mentor is responsible for providing direct monitoring and systematic contact with the faculty intern.
NOTE
Authority cited: Sections 70901 and 87487, Education Code. Reference: Sections 70901 and 87487, Education Code.
HISTORY
1. New section filed 4-3-92; operative 5-4-92 (Register 92, No. 15).
2. Amendment filed 9-3-96; operative 10-3-96. Submitted to OAL for printing only (Register 96, No. 40).
§53530. Use of Bond Proceeds. [Renumbered]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by the Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Renumbering and amendment of former section 53530 to section 59422 filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
3. Editorial correction of History 1 (Register 95, No. 19).
§53540. Territory of District Becoming Part of Two or More Districts; Disposition of Records. [Renumbered]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by the Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Renumbering and amendment of former section 53540 to section 59424 filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
3. Editorial correction of History 1 (Register 95, No. 19).
Chapter 5. Students
Subchapter 1. Student Residence Classification
§54000. Uniform Residency Requirements.
Note • History
The provisions of this chapter implement and should be read in conjunction with the Uniform Residency Requirements contained in part 41 (commencing with section 68000) of the Education Code.
NOTE
Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Part 41 (commencing with Section 68000), Education Code.
HISTORY
1. Repealer of chapter 1 (sections 54000, 54001, 54100, 54101) and new chapter 1 (sections 54000 through 54082, not consecutive) filed 6-25-73 as an emergency; effective upon filing. Certificate of Compliance included (Register 73, No. 26). For prior history, see Register 70, No. 16.
2. Amendment of NOTE filed 11-4-77; effective thirtieth day thereafter (Register 77, No.45).
3. Repealer of chapter 1 (sections 54000-54082, not consecutive) and new chapter 1 (sections 54000-54070, not consecutive) filed 11-22-82; effective thirtieth day thereafter (Register 82, No. 48). For prior history, see Registers 79, No. 46; 77, No. 45; 74, No. 45; 74, No. 10; and 73, No. 44.
4. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
5. Editorial correction of History 4 (Register 95, No. 19).
§54001. Adoption of Rules and Regulations; Publication; Uniformity.
Note • History
The residence determination date and a summary of the rules and regulations adopted by the Board of Governors and district governing boards pursuant to chapter 1, part 41 of division 5 of the Education Code, commencing with section 68000, shall be published in the district catalogs and/or addenda thereto. The applicable Education Code provisions and the rules and regulations adopted by the Board of Governors and the district shall be made available to the students at each district.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by the Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
3. Editorial correction of History 1 (Register 95, No. 19).
§54002. Residence Determination Date.
Note • History
“Residence determination date” is that day immediately preceding the opening day of instruction of the quarter, semester, or other session as set by the district governing board, during which the student proposes to attend a college.
NOTE
Authority cited: Sections 66700, 68023, 68044, and 70901, Education Code. Reference: Section 68023, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 19).
§54010. Residence Classification Procedures.
Note • History
(a) Residence classification shall be made for each student at the time applications for admission are accepted and whenever a student has not been in attendance for more than one semester or quarter. A student previously classified as a nonresident may be reclassified as of any residence determination date.
(b) The student shall be required to present evidence of physical presence in California, intent to make California the home for other than a temporary purpose and, if the student was classified as a nonresident in the preceding term, financial independence.
(c) Community college districts shall require applicants to supply information as specified in this subchapter and may require additional information as deemed necessary.
(d) The district shall weigh the information provided by the student and determine whether the student has clearly established that he or she has been a resident of California for one year prior to the residence determination date.
(e) Applicants shall certify their answers on residence questionnaires under oath or penalty of perjury.
(f) Pursuant to section 54300, the district may authorize any information required by this section to be submitted electronically using electronic signatures in lieu of manual signatures as specified in section 54300.
NOTE
Authority cited: Sections 66700, 68044, 70901 and 70901.1, Education Code. Reference: Sections 68044, 68062 and 70901.1, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 19).
3. New subsection (f) and amendment of Note filed 5-13-99; operative 6-14-99 (Register 99, No. 20).
4. Amendment of subsections (c) and (f) filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§54012. Residence Questionnaires.
Note • History
(a) Each community college district shall use a residence questionnaire in making residence classifications.
(b) The residence questionnaire shall ask each student where the student has maintained his or her home for the last two years and whether the student has engaged in any activity listed in subsection (f) of section 54024.
(c) The questionnaire shall ask each student under 19 years of age where the parent has lived for the last two years and whether the parent has engaged in any activity listed in subsection (f) of section 54024.
(d) If the student, or the student's parent if the student is under age 19, has either maintained a home outside of California at any time during the last two years, or has engaged in any activity listed in subsection (f) of section 54024, the student shall be asked for additional evidence of intent to reside in California such as that identified in subsection (e) of section 54024.
(e) The Chancellor shall provide a sample residence questionnaire which districts may use in complying with this requirement.
NOTE
Authority cited: Sections 66700, 68044 and 70901, Education Code. Reference: Sections 68044 and 68062, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 19).
Note • History
In order to establish a residence, it is necessary that there be a union of act and intent. To establish residence, a person capable of establishing residence in California must couple his or her physical presence in California with objective evidence that the physical presence is with the intent to make California the home for other than a temporary purpose.
NOTE
Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Sections 68017, 68060, 68061 and 68062, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 19).
Note • History
(a) A person capable of establishing residence in California must be physically present in California for one year prior to the residence determination date to be classified as a resident student.
(b) A temporary absence for business, education or pleasure will not result in loss of California residence if, during the absence, the person always intended to return to California and did nothing inconsistent with that intent.
(c) Physical presence within the state solely for educational purposes does not constitute establishing California residence regardless of the length of that presence.
NOTE
Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Sections 68017, 68023, 68060, 68061 and 68062, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 19).
Note • History
(a) Intent to make California the home for other than a temporary purpose may be manifested in many ways. No one factor is controlling.
(b) A student who is 19 years of age or over, and who has maintained a home in California continuously for the last two years shall be presumed to have the intent to make California the home for other than a temporary purpose unless the student has evidenced a contrary intent by having engaged in any of the activities listed in subdivision (f).
(c) A student who is under 19 years of age shall be presumed to have the intent to make California the home for other than a temporary purpose if both the student and his or her parent have maintained a home in California continuously for the last two years unless the student has evidenced a contrary intent by having engaged in any of the activities listed in subdivision (f).
(d) A student who does not meet the requirements of subdivision (b) or subdivision (c) shall be required to provide evidence of intent to make California the home for other than a temporary purpose as specified in subdivision (e).
(e) Objective manifestations of intent to establish California residence include but are not limited to:
(1) Ownership of residential property or continuous occupancy of rented or leased property in California.
(2) Registering to vote and voting in California.
(3) Licensing from California for professional practice.
(4) Active membership in service or social clubs.
(5) Presence of spouse, children or other close relatives in the state.
(6) Showing California as home address on federal income tax form.
(7) Payment of California state income tax as a resident.
(8) Possessing California motor vehicle license plates.
(9) Possessing a California driver's license.
(10) Maintaining permanent military address or home of record in California while in armed forces.
(11) Establishing and maintaining active California bank accounts.
(12) Being the petitioner for a divorce in California.
(f) Conduct inconsistent with a claim of California residence includes but is not limited to:
(1) Maintaining voter registration and voting in another state.
(2) Being the petitioner for a divorce in another state.
(3) Attending an out-of-state institution as a resident of that other state.
(4) Declaring nonresidence for state income tax purposes.
NOTE
Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Sections 68017, 68060, 68061 and 68062, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 19).
3. Change without regulatory effect amending subsections (b)-(d) filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
The burden is on the student to demonstrate clearly both physical presence in California and intent to establish California residence.
NOTE
Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Section 68041, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 19).
§54028. One-Year Waiting Period.
Note • History
The one-year residence period which a student must meet to be classified as a resident does not begin to run until the student both is present in California and has manifested clear intent to become a California resident.
NOTE
Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Sections 68017, 68060, 68061 and 68062, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 19).
§54030. Reestablished Residence.
Note • History
If a student or the parents of a minor student relinquish California residence after moving from the state, one full year of physical presence, coupled with one full year of demonstrated intent to be a California resident, is required to reestablish residence for tuition purposes, except as provided in Education Code section 68070.
NOTE
Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Sections 68017, 68060, 68061 and 68062, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 19).
§54032. Financial Independence.
Note • History
(a) A student seeking reclassification as a resident, who was classified as a nonresident in the preceding term, shall be determined financially independent or dependent in accordance with Education Code section 68044.
(b) A student who has established financial independence may be reclassified as a resident if the student has met the requirements of section 54020 for one year prior to the residence determination date.
(c) In determining whether the student has objectively manifested intent to establish California residence, financial independence shall weigh in favor of finding California residence, and financial dependence shall weigh against finding California residence.
(d) Financial dependence in the current or preceding calendar year shall weigh more heavily against finding California residence than shall financial dependence in earlier calendar years. Financial dependence in the current or preceding calendar year shall be overcome only if
(1) the parent on whom the student is dependent is a California resident, or
(2) there is no evidence of the student's continuing residence in another state.
NOTE
Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Section 68044, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 19).
§54040. Self-Supporting Exception.
Note • History
Any student claiming application of the self-supporting exception pursuant to Education Code section 68071 shall provide evidence such as: documentation, including W-2 forms or a letter from the employer, showing earnings for the year immediately preceding the residence determination date of attendance, a statement that the student has actually been present in California for said year (short absences from the state for business or pleasure will not preclude the accumulation of time), and a statement showing all expenses of the student for said year.
NOTE
Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Sections 68044 and 68071, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 19).
Note • History
A dependent natural or adopted child, stepchild or spouse of a member of the armed forces of the United States claiming residence status pursuant to section 68074 of the Education Code shall provide a statement from the military person's commanding officer or personnel officer that the military person's duty station is in California on active duty as of the residence determination date; or that the military person is outside of California on active duty after having been transferred immediately and directly from a California duty station after the residence determination date; or that the military person has, after the residence determination date, retired as an active member of the armed forces of the United States. A statement that the student who qualifies for resident classification as a natural or adopted child or stepchild is a dependent of the military person for an exemption on federal taxes shall also be provided.
NOTE
Authority cited: Sections 66700, 68044 and 70901, Education Code. Reference: Sections 68044 and 68074, Education Code.
HISTORY
1. Amendment filed 6-8-83; effective thirtieth day thereafter (Register 83, No. 24).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 19).
4. Amendment filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
A student claiming application of section 68075 of the Education Code must provide a statement from the student's commanding officer or personnel officer that the assignment to active duty in this state is not for educational purposes. The student should also produce evidence of the date of assignment to California.
NOTE
Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Sections 68044 and 68075, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 19).
Note • History
(a) An alien not precluded from establishing domicile in the United States by the Immigration and Nationality Act (8 U.S.C. 1101, et seq.) shall be eligible to establish residency pursuant to the provisions of this subchapter.
(b) An alien is precluded from establishing domicile in the United States if the alien:
(1) entered the United States illegally (undocumented aliens);
(2) entered the United States under a visa which requires that the alien have a residence outside of the United States; or
(3) entered the United States under a visa which permits entry solely for some temporary purpose.
(c) An alien described in paragraph (b) shall not be classified as a resident unless and until he or she has taken appropriate steps to obtain a change of status from the Immigration and Naturalization Service to a classification which does not preclude establishing domicile, and has met the requirements of Sections 54020-54024 related to physical presence and the intent to make California home for other than a temporary purpose. The Chancellor shall, after consultation with the University of California and the California State University, issue guidelines for the implementation of this section.
(d) Notwithstanding any other provision of this subchapter, an alien who was classified as a California resident by any college in a district as of September 30, 1991, or during the Fall 1991 term, shall not be subject to reclassification unless the student has not been in attendance at any college in the district for more than one semester or quarter.
NOTE
Authority cited: Sections 66700, 68044 and 70901, Education Code. Reference: Section 68062(h), Education Code; 8 U.S.C. 1101(a)(15); Toll v. Moreno, 458 U.S. 1 (1982); and Regents of the University of California v. Bradford, 225 Cal.App.3rd, 972, 276 Cal. Rptr. 197 (1990).
HISTORY
1. Repealer and new section filed 3-3-86; effective thirtieth day thereafter (Register 86, No. 10).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Amendment filed 8-30-91; operative 9-29-91 (Register 92, No. 4).
4. Editorial correction of printing error in second paragraph (Register 92, No. 12).
5. Repealer and new section filed 1-16-92; operative 2-18-92 (Register 92, No. 18).
6. Editorial correction of History 2 (Register 95, No. 19).
§54045.5. Nonresident Tuition Exemption.
Note • History
(a) In accordance with Education Code section 68130.5, any student, other than a student who is a nonimmigrant alien under 8 U.S.C. 1101(a)(15), shall be exempt from paying nonresident tuition at any community college district if he or she:
(1) Attended high school in California for three or more years;
(2) Graduated from a California high school or attained the equivalent of such graduation; and
(3) Registers for or is enrolled in a course offered by any college in the district for any term commencing on or after January 1, 2002.
(b) Any student seeking an exemption under subdivision (a) shall complete a questionnaire form prescribed by the Chancellor and furnished by the district of enrollment, verifying eligibility for this nonresident tuition exemption, and may be required to provide documentation in addition to the information required by the questionnaire as necessary to verify eligibility for an exemption. All nonpublic student information so provided shall be confidential and shall not be disclosed unless required by law.
(c) Any student without lawful immigration status who is seeking an exemption under subdivision (a), shall, in the questionnaire described in (b), affirm that he or she has filed an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligible to do so.
(d) A student seeking this tuition exemption has the burden of providing evidence of compliance with the requirements of this section.
(e) Nothing herein modifies eligibility standards for any form of student financial aid, including but not limited to, those contained in Subchapter 7 of Chapter 9 of this Division.
(f) Nothing herein authorizes a refund of nonresident tuition that was paid for any term commencing prior to January 1, 2002.
NOTE
Authority cited: Sections 66700, 68130.5 and 70901, Education Code. Reference: Section 68130.5, Education Code.
HISTORY
1. New section filed 5-3-2002; operative 6-2-2002. Submitted to OAL for printing only (Register 2002, No. 25).
§54046. Public School Employee Holding Valid Credential.
Note • History
A student claiming residence status pursuant to section 68078 of the Education Code shall provide a statement from the employer showing employment by a public school in a full-time position requiring certification qualifications for the college year in which the student enrolls. The student must also show that he or she holds a credential and will enroll in courses necessary to obtain another type of credential authorizing service in the public schools, or that the student holds a credential issued by the Board of Governors and is enrolled in courses necessary to fulfill credential requirements.
NOTE
Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Sections 68044 and 68078, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 19).
§54047. Student Under Custody of Resident Adult.
Note • History
A student claiming residence under provisions of section 68073 of the Education Code shall provide evidence that the adult or adults with whom the student has resided has had California residence for 1 year immediately preceding the residence determination date, and further evidence that the student has resided with such adult or adults for a period of not fewer than 2 years.
NOTE
Authority cited: Sections 66700, and 68044, Education Code. Reference: Sections 68044 and 68073, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of printing error (Register 91, No. 43).
3. Editorial correction of History 1 (Register 95, No. 19).
§54048. Agricultural Employment.
Note • History
A student claiming residence shall provide either (a) or (b):
(a) Evidence that the student's parent with whom the student is living earns a livelihood primarily by performing agricultural labor for hire in California and other states and has performed such labor in California for at least two months in each of the preceding two years, and that the parent lives within the district. If the parent of such student had sufficient income to incur personal income tax liability for federal and/or state purposes, proof that the student was claimed as a dependent on federal or state personal income tax returns shall also be required.
(b) Evidence showing the student himself or herself earns a livelihood primarily by performing agricultural labor for hire in California and other states and that such labor has been performed in California for at least two months in each of the preceding two years.
As used in this section agricultural labor for hire means seasonal employment in connection with actual production of agricultural crops, including seeding, thinning and harvesting.
NOTE
Authority cited: Sections 66700, 68044, 68040 and 68100, Education Code. Reference: Sections 68044, 68100 and 78034, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 19).
Note • History
Those exceptions from payment of nonresident tuition provided by Education Code sections 68074 (military dependents) and 68075 (military members) apply for so long as the student qualifies under the terms of either section 68074 or section 68075. Resident classification for purposes of determining the amount of tuition and fees includes eligibility for Board of Governors fee waivers.
NOTE
Authority cited: Sections 66700 and 68044, Education Code. Reference: Sections 68044, 68074 and 68075, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 19).
3. Amendment of section heading and section filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
(a) A community college district shall notify each student of the student's residence classification not later than fourteen (14) calendar days after the beginning of the session for which the student has applied, or fourteen (14) calendar days after the student's application for admission, whichever is later.
(b) Any student, following a decision on residence classification by the college, may make written appeal of that decision. Each community college district shall establish procedures for appeals of residence classifications.
(c) The Chancellor will advise community college districts on issues in residence classification. However, the student shall have no right of appeal to the Chancellor or Board of Governors.
NOTE
Authority cited: Sections 66700 and 68044, Education Code. Reference: Sections 68040, 68044 and 78034, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 19).
Note • History
The governing board of each community college district shall adopt rules providing for refund of the following nonresident tuition fees:
(a) Those collected in error.
(b) Those refundable as a result of a reduction of the educational program at the community college for which the fees have been paid.
(c) Those refundable as a result of the student's reduction of units or the student's withdrawal from an education program at the community college for which fees have been paid, where reduction or withdrawal is for reasons deemed sufficient by the governing board.
NOTE
Authority cited: Sections 66700, 68044 and 68051, Education Code. Reference: Sections 68044 and 68051, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 19).
Note • History
The community college district may waive nonresident tuition fees which were not collected in a previous session where:
(a) The fees were not collected as a result of the district's error and not through the fault of the student, and
(b) To collect the fees would cause the student undue hardship. No state funds may be collected for the attendance of a student for whom fees were waived pursuant to this section.
NOTE
Authority cited: Sections 66700, 68044 and 68051, Education Code. Reference: Section 68044, Education Code.
HISTORY
1. New section filed 6-8-83; effective thirtieth day thereafter (Register 83, No. 24).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 19).
Subchapter 2. Parking for Students with Disabilities
§54100. Parking for Students with Disabilities.
Note • History
(a) Each community college district which provides parking shall, consistent with the requirements of this section and Education Code section 67301, provide parking at each of its colleges or centers to students with disabilities and those providing transportation for such students.
(b) For purposes of this section, “students with disabilities” are those who have enrolled at the college and:
(1) qualify as disabled persons or disabled veterans pursuant to section 22511.5 of the Vehicle Code; or
(2) are entitled to special parking provided through Disabled Student Programs and Services pursuant to subchapter 1 (commencing with section 56000) of chapter 7 of this division.
(c) Students with disabilities using parking provided under this section may be required to display a distinguishing license plate or placard issued by the Department of Motor Vehicles pursuant to section 22511.5 of the Vehicle Code or a special sticker issued by the college authorizing parking in spaces designated for persons with disabilities.
(d) Students with disabilities may be required to pay parking permit fees imposed pursuant to Education Code section 76360. Students with disabilities shall not be required to pay any other charge, or be subjected to any time limitation or other restriction not specified herein, when parking in any of the following areas:
(1) any restricted zone described in subdivision (a) of section 21458 of the Vehicle Code;
(2) any street upon which preferential parking privileges and height limits have been given pursuant to section 22507 of the Vehicle Code;
(3) any parking zone that is restricted as to the length of time parking is permitted as indicated by a sign erected pursuant to a local ordinance;
(4) any metered zone; or
(5) any space in any lot or area otherwise designated for use by faculty, staff, administrators, or visitors.
(e) Parking specifically designated for persons with disabilities pursuant to Section 7102 of Title 24 of the California Code of Regulations shall be available to students with disabilities, and those providing transportation to such persons, in those parking areas which are most accessible to facilities which the district finds are most used by students.
(f) Each community college district shall post in conspicuous places notice that parking is available to students with disabilities and those providing transportation for such students.
(g) When parking provided pursuant to this section is located in an area where access is controlled by a mechanical gate, the district shall ensure that accommodations are made for students with disabilities who are unable to operate the gate controls. Accommodations may be provided by an attendant assigned to assist in operation of the gate or by any other effective means deemed appropriate by the district.
(h) Revenue from parking fees collected pursuant to Education Code section 76360 may be used to offset the costs of implementing this section.
NOTE
Authority cited: Sections 66700, 67301 and 70901, Education Code. Reference: Sections 67301 and 76360, Education Code; and Sections 21458, 22507 and 22511.5, Vehicle Code.
HISTORY
1. Amendment filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
2. Repealer of Chapter 2 (Section 54150) filed 7-29-82; effective thirtieth day thereafter (Register 82, No. 31).
3. New section filed 1-16-92; operative 2-18-92 (Register 92, No. 12).
4. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Subchapter 2.5. Medical Insurance for Hazardous Activities [Repealed]
NOTE
Authority cited: Sections 71020, 72246.5, Education Code. Reference: Section 72246.5, Education Code.
HISTORY
1. New Chapter 2.5 (Articles 1-3, Sections 54161-54184, not consecutive) filed 12-13-78 as an emergency; effective upon filing. Certificate of Compliance included (Register 78, No. 50).
2. Repealer of Chapter 2.5 (Sections 54160-54184) filed 11--15-79; effective thirtieth day thereafter (Register 79, No. 46).
Subchapter 3. Attendance [Repealed]
NOTE
Authority cited: Sections 66700, 71020, 76300, 78405, 84500.1, and 84530, Education Code. Reference: Sections 8512, 76300, 78203, 78412, 84500, 84500.1, 84500.5, and 84530, Education Code.
HISTORY
1. Repealer of Chapter 3 (Subchapters 1 and 2, Sections 54200-54222, not consecutive) and new Chapter 3 (Articles 1 and 2, Sections 54180-54228, not consecutive) filed 8-12-80; effective thirtieth day thereafter (Register 80, No. 33). For prior history, see Registers 79, No. 46; 77, No. 45; and 74, No. 10.
2. Repealer of Chapter 3 (Articles 1 and 2, Sections 54180-54228, not consecutive) filed 7-29-82; effective thirtieth day thereafter (Register 82, No. 31). For prior history, see Register 81, No. 3.
§54200. Certain Students' Residences More than 60 Miles from Nearest Attendance Center.
Note • History
(a) Any student under 21 years of age, and any student under 25 years of age who has been honorably discharged or is otherwise returning from active or inactive military service within the armed forces of the United States, who resides in this state and more than 60 miles from the nearest community college measured by the usual vehicular route between the student's home and the college, may request to attend credit courses at any community college in the state, whether or not the student's residence is in a district maintaining a community college. The governing board of the district maintaining the community college designated by the student shall admit the student provided all requirements for admission are met.
(b) The provisions of this section shall not apply to any student residing in a district maintaining a community college if that district maintains adequate dormitories or housing facilities or provides adequate transportation for the student between the student's home and community college attendance center.
(c) If the student resides within territory not included within any district and resides more than 60 miles from the nearest community college, measured by the usual vehicular route between the student's home and the attendance center, there shall be paid to the parents or other persons having charge or control of the student and directly to adult students and married minors, by the district in which the student attends, a maintenance allowance not to exceed four dollars ($4) per calendar day, including weekends and school holidays, for the portion of a semester, quarter, or other session or term in which the student is enrolled and attends credit classes full time in a community college under this section. The Chancellor may annually increase this amount by the same percentage increase as the Implicit Price Deflator for State and Local Government Purchase of Goods and Services. Districts shall receive reimbursement from the Chancellor's Office for allowances paid to students from nondistrict territory for the prior fiscal year not to exceed the maximum amount as provided by law.
(d) Notwithstanding any provisions to the contrary, a student is eligible for the maintenance allowance authorized by this section for the period of time that the student is enrolled and attends credit courses full time at a single community college district or combines credit classes taken at no more than two community college districts to constitute full time enrollment in credit classes.
(e) If a student combines enrollment at two districts to satisfy the full time enrollment and attendance requirement of this section, the claim for reimbursement and payment to the student as noted in subdivision (c) shall be made by the district where the student is enrolled for the higher number of credit units. If the student is enrolled for an equal number of credit units at each district, the claim for reimbursement and payment to the student shall be made by the district that is located closer to the student's home address. The district that submits the claim for reimbursement and makes payment to the student is responsible for verifying all the claimed credit units that serve as the basis for payment.
(f) Credit classes offered through distance education that meet the requirements of sections 55200 et seq. may be included in establishing full time enrollment so long as a portion of the credit units taken at each community college district to satisfy the requirements of this section are not taken through distance education.
(g) No later than 60 days after the close of each fiscal year the Chancellor shall determine the daily allowance rate for the prior fiscal year. If claims made by districts exceed total funds appropriated in any fiscal year for this purpose, the Chancellor shall prorate the allowances made under this section. No later than 90 days after the close of each fiscal year, the community college districts shall pay eligible students, as verified by the appropriate county superintendent of schools, at the rate prescribed by the Chancellor.
(h) The Chancellor shall prescribe procedures for the submission of claims by districts.
(i) For the purpose of this section, a person shall be deemed to be honorably discharged from the armed forces (a) if he or she was honorably discharged from the armed forces of the United States or (b) if he or she was inducted into the armed forces of the United States under the “Military Selective Service Act,” and
(1) satisfactorily completes his or her period of training and service under that Act and is issued a certificate to that effect pursuant to that Act, or
(2) having served honorably on active duty was transferred to a reserve component of the armed forces of the United States pursuant to that Act, or
(3) was otherwise released pursuant to that Act under honorable conditions.
(j) For the purposes of this section, the term “armed forces of the United States” shall include all regular and reserve components of the uniformed services which are subject to the jurisdiction of the Secretary of Defense, the Secretaries of the Army, Navy and Air Force, and all components of the Coast Guard.
(k) Students residing in nondistrict territory that has been annexed to a community college district and residing more than 60 miles from the nearest community college shall be provided a maintenance allowance as prescribed by this section for up to four years from the date of annexation.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by the Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment of third and fifth paragraphs filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
3. Editorial correction of History 1 (Register 95, No. 19).
4. Amendment of section and Note filed 11-6-97; operative 12-6-97. Submitted to OAL for printing only (Register 97, No. 46).
5. Amendment of section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
6. Amendment of subsections (e), (f) and (i) filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
Subchapter 4. Student Equity
Note • History
(a) In order to promote student success for all students, regardless of race, gender, age, disability, or economic circumstances, the governing board of each community college district shall maintain a student equity plan which includes for each college in the district:
(1) Campus-based research as to the extent of student equity in the five areas described in paragraph (2) and the determination of what activities are most likely to be effective;
(2) Goals for access, retention, degree and certificate completion, ESL and basic skills completion, and transfer; for the overall student population and for each population group of students, as appropriate. Where significant underrepresentation is found to exist in accordance with standards adopted by the Board of Governors, the plan shall include race-neutral and/or gender-neutral measures for addressing disparities in those areas, and, when legally appropriate, goals for addressing a disparity in representation of students with disabilities, and where required by federal law, race-conscious and/or gender-conscious measures for addressing a race or gender disparity;
(3) Implementation activities designed to attain the goals, including a means of coordinating existing student equity related programs;
(4) Sources of funds for the activities in the plan;
(5) Schedule and process for evaluation; and
(6) An executive summary that includes, at a minimum, the groups for whom goals have been set, the goals, the initiatives that the college or district will undertake to achieve these goals, the resources that have been budgeted for that purpose, and the district official to contact for further information.
(b) These plans should be developed with the active involvement of all groups on campus as required by law, and with the involvement of appropriate people from the community.
(c) The Board-adopted plan shall be submitted to the Office of the Chancellor, which shall publish all executive summaries, sending copies to every college and district, the chair of each consultation group that so requests, and such additional individuals and organizations as deemed appropriate.
(d) For the purposes of this section, “each population group of students” means American Indians or Alaskan natives, Asians or Pacific Islanders, Blacks, Hispanics, Whites, men, women, and persons with disabilities. A person shall be included in the group with which he or she identifies as his or her group.
NOTE
Authority cited: Section 70901, Education Code. Reference: Sections 66010.2, 66010.7, 66030 and 70901, Education Code.
HISTORY
1. New subchapter 4 and section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
2. Amendment of subsections (a)(1), (a)(2) and (b), repealer of subsections (d)-(d)(2), and new subsection (d) filed 1-12-98; operative 2-11-98. Submitted to OAL for printing only (Register 98, No. 3).
3. Amendment of subsections (a) and (a)(2) filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Subchapter 4.5. Electronic Submissions
§54300. Electronic Applications and Electronic Signatures.
Note • History
(a) Community college districts may authorize the electronic submission of any admission form or student form or document.
(b) Electronic signatures in lieu of manual signatures may be used on any documents requiring a signature, providing the electronic signature meets the standards for electronic signatures in electronic student loan transactions adopted by the U.S. Department of Education to implement the Electronic Signatures in Global and National Commerce Act (15 U.S.C. §§ 7001 et seq.).
(c) Applications for admission and residency questionnaires submitted electronically are valid only if they include electronic signatures that satisfy the requirements of subdivision (b).
(d) Prior to the electronic submission of any information, districts will inform applicants and students of the relative security of the information they submit electronically.
NOTE
Authority cited: Sections 66700, 70901 and 70901.1, Education Code. Reference: Section 70901.1, Education Code; and 15 USC Sections 7001, et seq.
HISTORY
1. New subchapter 4.5 (section 54300) and section filed 5-13-99; operative 6-14-99 (Register 99, No. 20).
2. Amendment of section heading, section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Subchapter 5. Commercial Solicitation on Campus
§54400. Student Credit Card Solicitations.
Note • History
By December 31, 2003, the governing board of each community college district shall adopt policies regulating the solicitation practices used on campuses by credit card companies marketing “student credit cards” as defined in Civil Code section 1747.02(m).
NOTE
Authority cited: Section 99030, Education Code. Reference: Section 99030, Education Code; and Section 1747.02(m), Civil Code.
HISTORY
1. Amendment of subchapter heading and new subchapter 5 (section 54400) and section filed 2-14-2003; operative 3-16-2003. Submitted to OAL for printing only pursuant to Education Code section 70901(b) (Register 2003, No. 15). For prior history, see Register 82, No. 31.
Subchapter 5. Enrollment Accounting
NOTE
Authority cited: Section 71020 and 84522, Education Code.
HISTORY
1. New Chapter 5 (Sections 54500-54510, not consecutive) filed 12-13-74; effective thirtieth day thereafter (Register 74, No. 50).
2. Amendment of NOTE filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
3. Repealer of Chapter 5 (Sections 54500-54512, not consecutive) filed 7-29-82; effective thirtieth day thereafter (Register 82, No. 31). For prior history, see Registers 76, No. 41 and 75, No. 26.
Subchapter 6. Student Records
Note • History
(a) This subchapter is adopted pursuant to and for implementation of chapter 1.5 (commencing with section 76200), part 47 of division 7 of the Education Code regarding student records. The provisions of this subchapter should be read and interpreted in conjunction with the provisions of chapter 1.5.
(b) Any conflicts between the provisions of this subchapter and federal law shall be interpreted to ensure the continuance of federal education funds to community college districts. Where federal law permits the disclosure of information concerning students, each community college district may determine whether to provide for such disclosure in that district.
NOTE
Authority cited: Sections 76220, 76225 and 76246, Education Code. Reference: Chapter 1.5 (commencing with Section 76200), Part 47, Division 7, Education Code; 20 USC Section 1232(g); and 34 CFR Part 99.
HISTORY
1. New Chapter 6 Articles 1-7, (Sections 54600-54662, not consecutive) filed 3-5-76; effective thirtieth day thereafter (Register 76, No. 10).
2. Amendment of section and NOTE filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
3. Repealer of article heading and amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
4. Amendment of section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§54602. Construction. [Repealed]
History
HISTORY
1. Amendment filed 3-15-77; effective thirtieth day thereafter (Register 77, No. 12).
2. Amendment filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
3. Repealer filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
Note • History
Community college districts may establish and maintain only such information on students relevant to admission, registration, academic history, career, student benefits or services, extracurricular activities, counseling and guidance, discipline or matters relating to student conduct, and shall establish and maintain such information required by law.
NOTE
Authority cited: Sections 76220 and 76246, Education Code. Reference: Section 76210, Education Code; 20 USC Section 1232(g); and 34 CFR Part 99.
HISTORY
1. New NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Amendment of section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§54606. Definitions. [Repealed]
Note • History
NOTE
Authority cited: Sections 76220 and 76246, Education Code. Reference: Section 76210, Education Code; 20 USC 1232(g); and 45 CFR 99.3.
HISTORY
1. Amendment filed 3-15-77; effective thirtieth day thereafter (Register 77, No. 12).
2. Amendment of subsection (c) filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
3. New subsection (c)(7) filed 8-4-78; effective thirtieth day thereafter (Register 78, No. 31).
4. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
5. Repealer filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§54608. Retention and Destruction of Student Records.
Note • History
The retention and destruction of student records, where not otherwise specifically provided for in this subchapter, shall be in accordance with subchapter 2.5 (commencing with section 59020) of chapter 10.
NOTE
Authority cited: Sections 70901, 76220 and 76246, Education Code. Reference: Section 72603, Education Code; 20 USC Section 1232(g); and 45 CFR Section 99.3.
HISTORY
1. New section filed 10-8-76; effective thirtieth day thereafter (Register 76, No. 41).
2. Amendment of section and NOTE filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
3. Amendment of NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
4. Amendment filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
5. Amendment of section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
Community college districts shall provide access to student records pursuant to Education Code sections 76210(c) and 76230, provided that if any material or document in the student record includes information on more than one student, the rights provided in section 76230 shall only extend to such information as pertains to the student. Each student shall be permitted to select the means of access to his or her own student records.
NOTE
Authority cited: Sections 76220 and 76246, Education Code. Reference: Sections 76230, Education Code; 20 USC Section 1232(g); and 34 CFR Part 99.
HISTORY
1. Amendment filed 3-15-77; effective thirtieth day thereafter (Register 77, No. 12).
2. Repealer of Article 2 heading and Section 54610 and new section filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
3. Amendment of section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
A student may waive his or her right of access to student records concerning recommendations as provided in Education Code section 76231. Such waivers shall be in writing and signed by the student.
NOTE
Authority cited: Sections 76220 and 76246, Education Code. Reference: Section 76231, Education Code; 20 USC Section 1232(g); and 45 CFR Section 99.12.
HISTORY
1. Amendment filed 3-15-77; effective thirtieth day thereafter (Register 77, No. 12).
2. Amendment filed 8-4-78; effective thirtieth day thereafter (Register 78, No. 31).
3. Repealer and new section filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
4. Amendment of section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§54614. Confidential Maintenance of Records. [Repealed]
History
HISTORY
1. Repealer of Article 3 heading and Section 54614 filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
Note • History
A community college district may, when the student has provided consent, permit access to the student's records pursuant to Education Code section 76242. Such consent must be signed and dated by the student.
NOTE
Authority cited: Sections 76220 and 76246, Education Code. Reference: Sections 76230 and 76242, Education Code; 20 USC Section 1232(g); and 45 CFR Sections 99.30-99.40.
HISTORY
1. Amendment filed 3-15-77; effective thirtieth day thereafter (Register 77, No. 12).
2. Repealer and new section filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
3. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§54618. Mandatory Access. [Repealed]
History
HISTORY
1. Repealer filed 3-15-77; effective thirtieth day thereafter (Register 77, No. 12).
§54620. Court Orders. [Repealed]
History
HISTORY
1. Amendment filed 3-15-77; effective thirtieth day thereafter (Register 77, No. 12).
2. Repealer filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
History
HISTORY
1. Repealer and new section filed 3-15-77; effective thirtieth day thereafter (Register 77, No. 12).
2. Amendment filed 8-4-78; effective thirtieth day thereafter (Register 78, No. 31).
3. Repealer filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
§54624. Access to Statistical Data. [Repealed]
History
HISTORY
1. Repealer filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
§54626. Directory Information.
Note • History
(a) Community college districts shall adopt a policy identifying any of the categories of directory information which may be released under Education Code section 76210 or allowed under federal law at 34 C.F.R. section 99.3.
(b) Directory information, as established by the local governing board, may be released provided that public notice is given at least annually in accordance with Education Code section 76240. Such notice shall also specify the period of time within which the student must inform the district in writing that such personally identifiable information is not to be designated as directory information with respect to that student.
(c) Any district may, in its discretion, limit or deny the release of specific categories of directory information based upon a determination of the best interests of students.
NOTE
Authority cited: Sections 76220 and 76246, Education Code. Reference: Sections 76240 and 76242, Education Code; 20 USC Section 1232(g); and 45 CFR Part 99.
HISTORY
1. Amendment filed 3-15-77; effective thirtieth day thereafter (Register 77, No. 12).
2. Amendment of subsection (d) filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
3. Amendment of subsections (b) and (d) filed 8-4-78; effective thirtieth day thereafter (Register 78, No. 31).
4. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
5. Amendment of section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§54628. Record of Access. [Repealed]
History
HISTORY
1. Repealer and new section filed 3-15-77; effective thirtieth day thereafter (Register 77, No. 12).
2. Amendment of subsection (d) filed 8-4-78; effective thirtieth day thereafter (Register 78, No. 31).
3. Repealer filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
§54630. Challenging Content of Records.
Note • History
Any student may challenge the content of his or her student records pursuant to Education Code section 76232. The decision of the chief administrative officer and governing board must be in writing.
NOTE
Authority cited: Sections 76220 and 76246, Education Code. Reference: Section 76232, Education Code; 20 USC Section 1232(g); and 45 CFR Sections 99.20-99.22.
HISTORY
1. Amendment filed 3-15-77; effective thirtieth day thereafter (Register 77, No. 12).
2. Amendment filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
3. Amendment of subsections (a) and (b) filed 8-4-78; effective thirtieth day thereafter (Register 78, No. 31).
4. Repealer of Article 4 heading and Section 54630 and new section filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
5. Amendment of section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§54632. Disciplinary Action. [Repealed]
History
HISTORY
1. Repealer filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
§54640. Transfer of Records. [Repealed]
History
HISTORY
1. Amendment filed 3-15-77; effective thirtieth day thereafter (Register 77, No. 12).
2. Amendment filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
. Repealer of Article 5 heading and Section 54640; filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
§54642. Procedure for Transfer. [Repealed]
History
HISTORY
1. Repealer filed 3-15-77; effective thirtieth day thereafter (Register 77, No. 12).
§54650. Annual Notice. [Repealed]
History
HISTORY
1. Amendment filed 3-15-77; effective thirtieth day thereafter (Register 77, No. 12).
2. Amendment filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
3. Amendment of subsection (a) filed 8-4-78; effective thirtieth day thereafter (Register 78, No. 31).
4. Repealer of Article 6 heading and Section 54650 filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
History
HISTORY
1. Amendment filed 3-15-77; effective thirtieth day thereafter (Register 77, No. 12).
2. Amendment filed 8-4-78; effective thirtieth day thereafter (Register 78, No. 31).
3. Repealer of Article 7 heading and Section 54660 filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
§54662. District Regulations. [Repealed]
History
HISTORY
1. Amendment filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
2. Repealer filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
Subchapter 7. Health Services
§54700. Separate Funds and Accounting Procedures.
Note • History
All student fees collected for the student health services program shall be deposited in a special fund established for that purpose by the district. All monies in this fund shall be expended only for the purposes for which they were collected.
The recording of income and expenditures shall be in accordance with the uniform system of accounting as prescribed by the California Community Colleges “Budget and Accounting Manual.”
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 76355, Education Code.
HISTORY
1. New section filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Redesignation of chapter 6 (sections 54700-54708, not consecutive) to chapter 7 (sections 54700-54708, not consecutive) filed 3-3-86; effective thirtieth day thereafter (Register 86, No. 10). For history of former chapter 7 (sections 54702-54742, not consecutive), see Registers 83, No. 18 and 79, No. 28.
3. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
4. Editorial correction of History 3 (Register 95, No. 20).
5. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
The health supervision and services fee which the governing board of a district may require students to pay shall be expended only to cover the direct and indirect costs necessary to provide any, all of, or a portion of the student health programs and services approved by the governing board for offering within the district, which may include the following:
(a) Clinical Care Services
(1) assessment, intervention, and referral for health services
(2) first aid and basic emergency care
(3) health appraisal
(4) communicable disease control
(b) Mental Health Services
(1) crisis management
(2) short-term psychological counseling
(3) alcohol/drug counseling
(4) eating disorders counseling
(5) stress management
(6) suicide prevention
(7) sexual harassment/assault recovery counseling program
(8) mental health assessment
(c) Support Services
A variety of services supporting the clinical and mental health efforts including, but not limited to: maintenance of health records in a confidential and ethical manner, laboratory, radiology, and/or pharmacy services.
(d) Special Services
(1) health education and promotion
(2) teaching and research
(3) student insurance programs
(4) environmental health and safety, including illness and injury prevention programs.
The local district governing board establishing a health supervision and services fee shall decide what scope and level of services will be provided. The board policy will be available to all students.
When the burden of supporting a student health program is shared by all students through a general fee, the programs and services for which the funds are expended must be sufficiently broad to meet health care needs of the general student body. Those programs and services directed at meeting the health care needs of a select few to the exclusion of the general student body shall not be supported through student health fees.
Nothing within these provisions shall prevent an exclusive service to a select group of students or service to the college faculty or staff; however, these services must be supported from sources other than the student fee.
NOTE
Authority cited: Section 70901, Education Code. Reference: Section 76355, Education Code.
HISTORY
1. New section filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18). For prior history, see Register 79, No. 28.
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 20).
4. Amendment of section and Note filed 5-23-1997; operative 6-22-1997. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 2001, No. 25).
Note • History
Those identifiable expenses incurred which directly benefit the student health service program, as defined in Section 54708, are allowable charges to the student health fund for the health services authorized by the district governing board pursuant to Section 54702. Where the expense is not exclusively for the student health program, only the prorated portion applicable to the student health service program may be charged against this fund.
NOTE
Authority cited: Section 70901, Education Code. Reference: Section 76355, Education Code.
HISTORY
1. New section filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18). For prior history, see Register 79, No. 28.
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 20).
4. Amendment of section and Note filed 5-23-1997; operative 6-22-1997. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 2001, No. 25).
Note • History
Student health fees shall not be expended for the following expenses:
(a) Salaries of personnel not directly involved in the delivery of student health services;
(b) Administrative salaries (assistant dean level or its equivalent and above);
(c) Athletic trainers' salaries;
(d) Athletic insurance for the intercollegiate athletic team;
(e) Medical supplies for athletics;
(f) Physical examinations for intercollegiate athletics;
(g) Ambulance services and salaries of health professionals for athletic events;
(h) Any deductible expenses for accident claims filed for athletic team members;
(i) Sabbatical expenses for health service personnel.
Nothing within these provisions should deny a student participating in athletic programs a service which is properly supported by student health fees.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 76355, Education Code.
HISTORY
1. New section filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18). For prior history, see Register 79, No. 28.
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 20).
4. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
Student health fees may be expended for the following costs related to the provision of health services authorized by the governing board pursuant to Section 54702:
(a) Costs incurred in the planning, supervision, and evaluation of student health programs and services;
(b) Administrative salaries (below the level of assistant dean or its equivalent);
(c) Cost of instructional materials for health education;
(d) Consultants directly involved in student health service programs;
(e) Rental and lease of space for the conduct of student health programs and services;
(f) Cost of equipment and medical supplies;
(g) Salaries of student health personnel directly involved in the delivery of student health services (including fringe benefits);
(h) Student health and/or hospitalization insurance;
(i) Travel with student health services funds is limited to student health personnel and only for student health related activities.
NOTE
Authority cited: Section 70901, Education Code. Reference: Section 76355, Education Code.
HISTORY
1. New section filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18). For prior history, see Register 79, No. 28.
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 20).
4. Amendment of section and Note filed 5-23-1997; operative 6-22-1997. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 2001, No. 25).
§54710. Emergency information.
Note • History
For the protection of a student's health and welfare the governing board of a community college district may require the parent or legal guardian of a minor to keep current at the minor's school of attendance, emergency information including the home address and telephone number, business address, and telephone number of the parents or guardian, and the name, address, and telephone number of a relative or friend who is authorized to care for the student in any emergency situation if the parent or legal guardian cannot be reached.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 20).
Subchapter 8. Student Organization
Article 1. Student Representation Fee
Note • History
The governing body of each student body association authorized by Education Code section 76060 shall establish procedures for elections conducted for the purpose of collecting a student representation fee, and call an election for such purpose. The election shall, at a minimum, meet the following criteria:
(a) The student body association on each campus shall maintain in its office written information regarding election procedures. Such information shall be made available to the public upon request.
(b) Adequate notice of the election shall be given by the student body association. Adequate notice is deemed to be at least ten school days prior to the election date.
(c) Each election shall be held on a day which counts toward the 175 day requirement as defined in section 58120 of this part. In instances where an election is conducted for more than one day, those days shall be consecutive and shall be limited to a maximum of five days.
NOTE
Authority cited: Section 66700, 70901, and 76060.5, Education Code. Reference: Sections 76060 and 76060.5, Education Code.
HISTORY
1. New section filed 5-12-88; operative 5-12-88 (Register 88, No. 20).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 20).
Note • History
(a) Any student representation fee that has been instituted pursuant to the procedures enumerated in section 54801 may be terminated by a majority of the students voting in an election called in one of the following two manners:
(1) By placing the issue on the ballot for the next regular associated student body election. The issue shall be placed on the ballot upon receipt of a petition indicating an interest in the termination of the representation fee signed by a majority of the number of students who voted in the election establishing the fee.
(2) Pursuant to procedures pre-established by the student body association for calling such an election. Such procedures shall be available for public inspection during regular business hours.
(b) The elections shall be conducted in accordance with the procedures established pursuant to section 54801.
NOTE
Authority cited: Section 66700, 70901 and 76060.5, Education Code. Reference: Sections 76060 and 76060.5, Education Code.
HISTORY
1. New section filed 5-12-88; operative 5-12-88 (Register 88, No. 20).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 20).
§54805. Collection of the Fee.
Note • History
District governing boards shall include in the materials given to each student at registration, information pertaining to the representation fee. The form used by a college for the purpose of collecting the fee shall contain, at a minimum, the following:
(a) a statement indicating that the money collected pursuant to this article shall be expended to provide support for students or representatives who may be stating their positions and viewpoints before city, county, and district government, and before offices and agencies of the state and federal government;
(b) the amount of the fee;
(c) a statement informing the students of their right to refuse to pay the fee for religious, political, moral or financial reasons.
NOTE
Authority cited: Sections 66700, 70901 and 76060.5, Education Code. References: Sections 76060 and 76060.5, Education Code.
HISTORY
1. New section filed 5-12-88; operative 5-12-88 (Register 88, No. 20).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 20).
§54912. Residence Questionnaires. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 68044 and 70901, Education Code. Reference: Sections 68044 and 68062, Education Code.
HISTORY
1. Amendment of section submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 91, No. 23).
2. Repealer filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
Chapter 6. Curriculum and Instruction
Subchapter 1. Programs, Courses and Classes
Article 1. Program, Course and Class Classification and Standards
Note • History
For the purpose of this chapter, the following definitions shall apply:
(a) “Advisory on recommended preparation” means a condition of enrollment that a student is advised, but not required, to meet before or in conjunction with enrollment in a course or educational program.
(b) “Community Services Offering” means a fee-supported community services class authorized pursuant to Education Code section 78300 and approved pursuant to subdivision (d) of section 55002 for which state apportionment is not claimed and credit is not awarded.
(c) “Content review” means a rigorous, systematic process developed in accordance with sections 53200 to 53204, approved by the Chancellor as part of the district matriculation plan required under section 55510, and that is conducted by faculty to identify the necessary and appropriate body of knowledge or skills students need to possess prior to enrolling in a course, or which students need to acquire through simultaneous enrollment in a corequisite course.
(d) “Contract Course” means a course which a community college district offers under a contract pursuant to Education Code section 78021 with a public or private agency, corporation, association, or other organization.
(e) “Corequisite” means a condition of enrollment consisting of a course that a student is required to simultaneously take in order to enroll in another course.
(f) “Course” means an organized pattern of instruction on a specified subject offered by a community college pursuant to subdivisions (a), (b) or (c) of section 55002.
(g) “Educational program” is an organized sequence of courses leading to a defined objective, a degree, a certificate, a diploma, a license, or transfer to another institution of higher education.
(h) “Necessary and appropriate” means that a strong rational basis exists for concluding that a prerequisite or corequisite is reasonably needed to achieve the purpose that it purports to serve. This standard does not require absolute necessity.
(i) “Noncredit basic skills courses” are those courses in reading, writing, computation, and English as a Second Language which are designated by the community college district as noncredit courses pursuant to subdivision (c) of section 55002.
(j) “Nondegree-applicable basic skills courses” are those courses in reading, writing, computation, and English as a Second Language which are designated by the community college district as nondegree-applicable credit courses pursuant to subdivision (b) of section 55002.
(k) “Prerequisite” means a condition of enrollment that a student is required to meet in order to demonstrate current readiness for enrollment in a course or educational program.
(l) “Satisfactory grade” means that, for the course in question, the student's academic record has been annotated with the symbol A, B, C or P as those symbols are defined in section 55023.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. Repealer of chapter 1 (subchapters 1-3, sections 55000-55144, not consecutive) and new chapter 1 (articles 1-2, sections 55000-55180, not consecutive) filed 12-21-81; effective thirtieth day thereafter (Register 81, No. 52). For prior history, see Registers 80, No. 11; 77, No. 45; and 71, No. 9.
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 20).
4. Amendment filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55000.5. Handbook; Monitoring and Review of Approved Courses and Programs.
Note • History
(a) The Chancellor shall prepare, distribute, and maintain a detailed handbook for use by community college districts. The handbook shall contain course approval criteria and procedures for securing course and program approvals.
(b) The Board of Governors hereby adopts and incorporates by reference into this section The California Community Colleges Program and Course Approval Handbook issued March 2003, as it may be revised from time to time, along with any addenda thereto. In the event of a conflict between the provisions of the Handbook and the provisions of this chapter, the provisions of this chapter shall control.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 20).
3. Amendment filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55001. Community College Educational Program. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901, and 78401, Education Code. Reference: Sections 66701, 70901, 70902, 78300, and 78401, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Editorial correction of History 1 (Register 95, No. 20).
4. Repealer filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§55002. Standards and Criteria for Courses.
Note • History
(a) Degree-Applicable Credit Course. A degree-applicable credit course is a course which has been designated as appropriate to the associate degree in accordance with the requirements of section 55062, and which has been recommended by the college and/or district curriculum committee and approved by the district governing board as a collegiate course meeting the needs of the students.
(1) Curriculum Committee. The college and/or district curriculum committee recommending the course shall be established by the mutual agreement of the college and/or district administration and the academic senate. The committee shall be either a committee of the academic senate or a committee that includes faculty and is otherwise comprised in a way that is mutually agreeable to the college and/or district administration and the academic senate.
(2) Standards for Approval. The college and/or district curriculum committee shall recommend approval of the course for associate degree credit if it meets the following standards:
(A) Grading Policy. The course provides for measurement of student performance in terms of the stated course objectives and culminates in a formal, permanently recorded grade based upon uniform standards in accordance with section 55023. The grade is based on demonstrated proficiency in subject matter and the ability to demonstrate that proficiency, at least in part, by means of essays, or, in courses where the curriculum committee deems them to be appropriate, by problem solving exercises or skills demonstrations by students.
(B) Units. The course grants units of credit based upon a relationship specified by the governing board between the number of units assigned to the course and the number of lecture and/or laboratory hours or performance criteria specified in the course outline. The course also requires a minimum of three hours of student work per week, including class time for each unit of credit, prorated for short-term, extended term, laboratory and/or activity courses.
(C) Intensity. The course treats subject matter with a scope and intensity that requires students to study independently outside of class time.
(D) Prerequisites and Corequisites. When the college and/or district curriculum committee determines, based on a review of the course outline of record, that a student would be highly unlikely to receive a satisfactory grade unless the student has knowledge or skills not taught in the course, then the course shall require prerequisites or corequisites that are established, reviewed, and applied in accordance with the requirements of this article.
(E) Basic Skills Requirements. If success in the course is dependent upon communication or computation skills, then the course shall require, consistent with the provisions of this article, as prerequisites or corequisites eligibility for enrollment in associate degree credit courses in English and/or mathematics, respectively.
(F) Difficulty. The course work calls for critical thinking and the understanding and application of concepts determined by the curriculum committee to be at college level.
(G) Level. The course requires learning skills and a vocabulary that the curriculum committee deems appropriate for a college course.
(3) Course Outline of Record. The course is described in a course outline of record that shall be maintained in the official college files and made available to each instructor. The course outline of record shall specify the unit value the expected number of contact hours for the course as a whole, the prerequisites, corequisites or advisories on recommended preparation (if any) for the course, the catalog description, objectives, and content in terms of a specific body of knowledge. The course outline shall also specify types or provide examples of required reading and writing assignments, other outside-of-class assignments, instructional methodology, and methods of evaluation for determining whether the stated objectives have been met by students.
(4) Conduct of Course. Each section of the course is to be taught by a qualified instructor in accordance with a set of objectives and with other specifications defined in the course outline of record.
(5) Repetition. Repeated enrollment is allowed only in accordance with the provisions of section 51002, article 4 (commencing with section 55040) of subchapter 1 of chapter 6, and section 58161.
(b) Nondegree-Applicable Credit Course. A credit course designated by the governing board as not applicable to the associate degree is a course which, at a minimum, is recommended by the college and/or district curriculum committee (the committee described and established under subdivision (a)(1) of this section) and is approved by the district governing board.
(1) Types of Courses. Nondegree-applicable credit courses are:
(A) nondegree-applicable basic skills courses as defined in subdivision (j) of section 55000;
(B) courses designed to enable students to succeed in degree-applicable credit courses (including, but not limited to, college orientation and guidance courses, and discipline-specific preparatory courses such as biology, history, or electronics) that integrate basic skills instruction throughout and assign grades partly upon the demonstrated mastery of those skills;
(C) precollegiate career technical preparation courses designed to provide foundation skills for students preparing for entry into degree-applicable credit career technical courses or programs;
(D) essential career technical instruction for which meeting the standards of subdivision (a) is neither necessary nor required.
(2) Standards for Approval. The college and/or district curriculum committee shall recommend approval of the course on the basis of the standards which follow.
(A) Grading Policy. The course provides for measurement of student performance in terms of the stated course objectives and culminates in a formal, permanently recorded grade based upon uniform standards in accordance with section 55023. The grade is based on demonstrated proficiency in the subject matter and the ability to demonstrate that proficiency, at least in part, by means of written expression that may include essays, or, in courses where the curriculum committee deems them to be appropriate, by problem solving exercises or skills demonstrations by students.
(B) Units. The course grants units of credit based upon a relationship specified by the governing board between the number of units assigned to the course and the number of lecture and/or laboratory hours or performance criteria specified in the course outline. The course requires a minimum of three hours of student work per week, per unit, including class time and/or demonstrated competency, for each unit of credit, prorated for short-term, extended term, laboratory, and/or activity courses.
(C) Intensity. The course provides instruction in critical thinking and generally treats subject matter with a scope and intensity that prepares students to study independently outside of class time and includes reading and writing assignments and homework. In particular, the assignments will be sufficiently rigorous that students successfully completing each such course, or sequence of required courses, will have acquired the skills necessary to successfully complete degree-applicable work.
(D) Prerequisites and corequisites. When the college and/or district curriculum committee deems appropriate, the course may require prerequisites or corequisites for the course that are established, reviewed, and applied in accordance with this article.
(3) Course Outline of Record. The course is described in a course outline of record that shall be maintained in the official college files and made available to each instructor. The course outline of record shall specify the unit value, the expected number of contact hours for the course as a whole, the prerequisites, corequisites or advisories on recommended preparation (if any) for the course, the catalog description, objectives, and content in terms of a specific body of knowledge. The course outline shall also specify types or provide examples of required reading and writing assignments, other outside-of-class assignments, instructional methodology, and methods of evaluation for determining whether the stated objectives have been met by students. Taken together, these course specifications shall be such as to typically enable any student who successfully completes all of the assigned work prescribed in the outline of record to successfully meet the course objectives.
(4) Conduct of Course. All sections of the course are to be taught by a qualified instructor in accordance with a set of objectives and with other specifications defined in the course outline of record.
(5) Repetition. Repeated enrollment is allowed only in accordance with the provisions of section 51002, article 4 (commencing with section 55040) of subchapter 1 of chapter 6, and section 58161.
(c) Noncredit Course. A noncredit course is a course which, at a minimum, is recommended by the college and/or district curriculum committee (the committee described and established under subdivision (a)(1) of this section) and approved by the district governing board as a course meeting the needs of enrolled students.
(1) Standards for Approval. The college and/or district curriculum committee shall recommend approval of the course if the course treats subject matter and uses resource materials, teaching methods, and standards of attendance and achievement that the committee deems appropriate for the enrolled students. In order to be eligible for state apportionment, such courses must be approved by the Chancellor pursuant to article 2 (commencing with section 55150) of subchapter 2 of this chapter and satisfy the requirements of section 58160 and other applicable provisions of chapter 9 (commencing with section 58000) of this division.
(2) Course Outline of Record. The course is described in a course outline of record that shall be maintained in the official college files and made available to each instructor. The course outline of record shall specify the number of contact hours normally required for a student to complete the course, the catalog description, the objectives, contents in terms of a specific body of knowledge, instructional methodology, examples of assignments and/or activities, and methods of evaluation for determining whether the stated objectives have been met.
(3) Conduct of Course. All sections of the course are to be taught by a qualified instructor in accordance with the set of objectives and other specifications defined in the course outline of record.
(4) Repetition. Repeated enrollment is allowed only in accordance with provisions of section 58161.
(d) Community Services Offering. A community services offering must meet the following minimum requirements:
(1) is approved by the district governing board;
(2) is designed for the physical, mental, moral, economic, or civic development of persons enrolled therein;
(3) provides subject matter content, resource materials, and teaching methods which the district governing board deems appropriate for the enrolled students;
(4) is conducted in accordance with a predetermined strategy or plan;
(5) is open to all members of the community willing to pay fees to cover the cost of the offering; and
(6) may not be claimed for apportionment purposes.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. Amendment of subsection (a) filed 12-28-83; effective upon filing pursuant to Government Code section 11346.2(d) (Register 83, No. 53).
2. Amendment filed 5-18-84; effective thirtieth day thereafter (Register 84, No. 20).
3. Repealer and new section filed 10-7-88; operative 11-6-88 (Register 88, No. 42).
4. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
5. Amendment filed 10-25-91; operative 11-24-91 (Register 92, No. 7).
6. Amendment filed 10-5-93; operative 11-4-93. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 93, No. 42).
7. Editorial correction of History 4 (Register 95, No. 20).
8. Amendment filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
9. Amendment of subsection (c)(1) filed 1-17-2007; operative 1-17-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 8).
10. Amendment of section heading and section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
11. Amendment of subsections (a)(5) and (b)(5) filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
Note • History
(a) One credit hour of community college work (one unit of credit) requires a minimum of 48 hours of lecture, study, or laboratory work at colleges operating on the semester system or 33 hours of lecture, study or laboratory work at colleges operating on the quarter system.
(b) A course requiring 96 hours or more of lecture, study or laboratory work at colleges operating on the semester system or 66 hours or more of lecture, study, or laboratory work at colleges operating on the quarter system shall provide at least 2 units of credit.
(c) The amount of credit awarded shall be adjusted in proportion to the number of hours of lecture, study or laboratory work in half unit increments.
(d) A district may elect to adjust the amount of credit awarded in proportion to the number of hours of lecture, study or laboratory work in increments of less than one half unit.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 20).
3. Amendment filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
4. Amendment of subsection (a) filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
§55003. Policies for Prerequisites, Corequisites and Advisories on Recommended Preparation.
Note • History
(a) The governing board of a community college district may establish prerequisites, corequisites, and advisories on recommended preparation, but must do so in accordance with the provisions of this article. Nothing in this subchapter shall be construed to require a district to establish prerequisites, corequisites, or advisories on recommended preparation; provided however, that a prerequisite or corequisite shall be required if the course is to be offered for associate degree credit and the curriculum committee finds that the prerequisite or corequisite is necessary pursuant to sections 55002(a)(2)(D) or 55002(a)(2)(E). Unless otherwise specified in this section, the level of scrutiny required to establish prerequisites, corequisites, and advisories on recommended preparation shall be based on content review as defined in subdivision (c) of section 55000 or content review with statistical validation as defined in subdivision (f) of this section. Determinations about prerequisites and corequisites shall be made on a course-by-course or program-by-program basis.
(b) A district governing board choosing to establish prerequisites, corequisites, or advisories on recommended preparation shall, in accordance with the provisions of sections 53200-53204, adopt policies for the following:
(1) the process for establishing prerequisites, corequisites, and advisories on recommended preparation. Such policies shall provide that in order to establish a prerequisite or corequisite, the prerequisite or corequisite must be determined to be necessary and appropriate for achieving the purpose for which it is being established.
(2) procedures to assure that courses for which prerequisites or corequisites are established will be taught in accordance with the course outline of record, particularly those aspects of the course outline that are the basis for justifying the establishment of the prerequisite or corequisite.
(3) the process to ensure that each section of the prerequisite or corequsite is to be taught by a qualified instructor and in accordance with a set of objectives and with other specifications defined in the course outline of record, as required in section 55002 for all courses.
(4) the process, including levels of scrutiny, for reviewing prerequisites and corequisites to assure that they remain necessary and appropriate. These processes shall provide that at least once each six years all prerequisites and corequisites established by the district shall be reviewed, except that prerequisites and corequisites for vocational courses or programs shall be reviewed every two years. These processes shall also provide for the periodic review of advisories on recommended preparation.
(5) the bases and process for an individual student to challenge the application of a prerequisite or corequisite.
(c) A district governing board choosing to use content review as defined in subdivision (c) of section 55000 to establish prerequisites or corequisites in reading, written expression or mathematics for degree-applicable courses not in a sequence shall first adopt a plan specifying:
(1) the method to be used to identify courses to which prerequisites might be applied;
(2) assurance that courses are reasonably available to students when prerequisites or corequisites have been established using content review as defined in subdivision (c) of section 55000. Such assurance shall include sufficient availability of the following:
(A) appropriate courses that do not require prerequisites or corequisites, whether basic skills or degree-applicable courses; and
(B) prerequisite or corequisite courses;
(3) provisions for training for the curriculum committee; and
(4) the research to be used to determine the impact of new prerequisites based on content review.
(d) Prerequisites or corequisites may be established only for any of the following purposes:
(1) the prerequisite or corequisite is expressly required or expressly authorized by statute or regulation; or
(2) the prerequisite will assure, consistent with section 55002, that a student has the skills, concepts, and/or information that is presupposed in terms of the course or program for which it is being established, such that a student who has not met the prerequisite is highly unlikely to receive a satisfactory grade in the course (or at least one course within the program) for which the prerequisite is being established; or
(3) the corequisite course will assure, consistent with section 55002, that a student acquires the necessary skills, concepts, and/or information, such that a student who has not enrolled in the corequisite is highly unlikely to receive a satisfactory grade in the course or program for which the corequisite is being established; or
(4) the prerequisite or corequisite is necessary to protect the health or safety of a student or the health or safety of others.
(e) Except as provided in this subdivision, no prerequisite or corequisite may be established or renewed unless it is determined to be necessary and appropriate to achieve the purpose for which it has been established. A prerequisite or corequisite need not be scrutinized using content review as defined by subdivision (c) of section 55000 or content review with statistical validation as defined by subdivision (f) of this section, if:
(1) it is required by statute or regulation; or
(2) it is part of a closely-related lecture-laboratory course pairing within a discipline; or
(3) it is required by four-year institutions; or
(4) baccalaureate institutions will not grant credit for a course unless it has the particular communication or computation skill prerequisite.
(f) Content review with statistical validation is defined as conducting a content review (as defined in subdivision (c) of section 55000) and the compilation of data according to sound research practices which shows that a student is highly unlikely to succeed in the course unless the student has met the proposed prerequisite or corequisite.
(g) If the curriculum committee, using content review with statistical validation, initially determines, pursuant to section 55002(a)(2)(E), that a new course needs to have a communication or computation skill prerequisite or corequisite, then, despite subdivision (e) of this section, the prerequisite or corequisite may be established for a single period of not more than two years while the research is being conducted and the final determination is being made, provided that all other requirements for establishing the prerequisite or corequisite have been met. The requirements of this subdivision related to collection of data shall not apply when the prerequisite or corequisite is required for enrollment in a program, that program is subject to approval by a state agency other than the Chancellor's Office and both of the following conditions are satisfied:
(1) colleges in at least six different districts have previously satisfied the data collection requirements of this subdivision with respect to the same prerequisite or corequisite for the same program; and
(2) the district establishing the prerequisite or corequisite conducts an evaluation to determine whether the prerequisite or corequisite has a disproportionate impact on particular groups of students described in terms of race, ethnicity, gender, age or disability, as defined by the Chancellor. When there is a disproportionate impact on any such group of students, the district shall, in consultation with the Chancellor, develop and implement a plan setting forth the steps the district will take to correct the disproportionate impact.
(h) Prerequisites, corequisites, and advisories on recommended preparation must be identified in college publications available to students as well as the course outline of any course for which they are established.
(i) By August 1 of each year districts choosing to establish prerequisites, corequisites or advisories shall submit to the Chancellor's Office in the manner specified by the Chancellor the prerequisites and corequisites that were established during the prior academic year. Districts shall also specify the level of scrutiny, i.e., content review as defined in subdivision (c) of section 55000 or content review with statistical validation as defined in subdivision (e) of this section, used to determine whether the prerequisite or corequisite was necessary and appropriate for achieving the purpose for which it was established.
(j) Prerequisites establishing communication or computational skill requirements may not be established across the entire curriculum unless established on a course-by-course basis.
(k) The determination of whether a student meets a prerequisite shall be based on successful completion of an appropriate course or on an assessment using multiple measures, as required by section 55521(a)(3). Any assessment instrument shall be selected and used in accordance with the provisions of subchapter 6 (commencing with section 55500) of this chapter.
(l) If a prerequisite requires precollegiate skills in reading, written expression, or mathematics, the district shall:
(1) ensure that courses designed to teach the required skills are offered with reasonable frequency and that the number of sections available is reasonable given the number of students who are required to meet the associated skills prerequisites and who diligently seek enrollment in the prerequisite course.
(2) monitor progress on student equity in accordance with section 54220. Monitoring shall include:
(A) conducting an evaluation to determine the impact on student success including whether the prerequisite or corequisite has a disproportionate impact on particular groups of students described in terms of race, ethnicity, gender, age or disability, as defined by the Chancellor.
(B) where there is a disproportionate impact on any such group of students, the district shall, in consultation within the Chancellor, develop and implement a plan setting forth the steps the district will take to correct the disproportionate impact.
(m) Whenever a corequisite course is established, sufficient sections shall be offered to reasonably accommodate all students who are required to take the corequisite. A corequisite shall be waived as to any student for whom space in the corequisite course is not available.
(n) No exit test may be required to satisfy a prerequisite or corequisite unless it is incorporated into the grading for the prerequisite or corequisite course.
(o) The determination of whether a student meets a prerequisite shall be made prior to his or her enrollment in the course requiring the prerequisite, provided, however, that enrollment may be permitted pending verification that the student has met the prerequisite or corequisite. If the verification shows that the student has failed to meet the prerequisite, the student may be involuntarily dropped from the course. If the student is dropped, the applicable enrollment fees shall be promptly refunded.
Otherwise a student may only be involuntarily removed from a course due to excessive absences or as a result of disciplinary action taken pursuant to law or to the student code of conduct.
(p) Any prerequisite or corequisite may be challenged by a student on one or more of the grounds listed below. The student shall bear the initial burden of showing that grounds exist for the challenge. Challenges shall be resolved in a timely manner and, if the challenge is upheld, the student shall be permitted to enroll in the course or program in question. Grounds for challenge are:
(1) The prerequisite or corequisite has not been established in accordance with the district's process for establishing prerequisites and corequisites;
(2) The prerequisite or corequisite is in violation of this section;
(3) The prerequisite or corequisite is either unlawfully discriminatory or is being applied in an unlawfully discriminatory manner;
(4) The student has the knowledge or ability to succeed in the course or program despite not meeting the prerequisite or corequisite;
(5) The student will be subject to undue delay in attaining the goal of his or her educational plan because the prerequisite or corequisite course has not been made reasonably available; or
(6) Such other grounds for challenge as may be established by the district governing board.
(q) In the case of a challenge under subdivision (p)(3) of this section, the district shall promptly advise the student that he or she may file a formal complaint of unlawful discrimination pursuant to subchapter 5 (commencing with section 59300) of chapter 10 of this division. If the student elects to proceed with the challenge, completion of the challenge procedure shall be deemed to constitute an informal complaint pursuant to section 59327.
(r) District policies adopted pursuant to this section shall be submitted to the Chancellor's Office as part of the district's matriculation plan pursuant to section 55510.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
2. Amendment of section and Note filed 4-25-2011; operative 5-25-2011. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2011, No. 18).
§55004. Social Science Courses. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 20).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55005. Publication of Course Standards.
Note • History
For each course offered, a community college shall make available to students through college publications all of the following facts before they enroll in the course:
(a) The designation of the course as a degree-applicable credit course, a nondegree-applicable credit course, a noncredit course, or a community services offering.
(b) Whether the course is transferable to baccalaureate institutions.
(c) Whether the course fulfills a major/area of emphasis or general education requirement.
(d) Whether the course is offered on the “pass-no pass” basis.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66700 and 70901, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 20).
3. Change without regulatory effect amending subsections (b) and (d) filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
4. Amendment filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Note • History
Each community college shall keep and submit such records and reports concerning its courses and offerings as may be required by the Chancellor to fulfill statutory responsibilities.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 78401, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 20).
3. Amendment filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55007. Multiple and Overlapping Enrollments.
Note • History
(a) A community college district may not permit a student to enroll in two or more sections of the same credit course during the same term unless the length of the course is such that a student may enroll in two or more sections of the same course during the same term without being enrolled in more than one section at any given time. Students needing additional instruction in the subject matter while enrolled in a course may be referred for individualized tutoring pursuant to section 58170 or supplemental learning assistance pursuant to sections 58172 and 58164.
(b) A district may not permit a student to enroll in two or more courses where the meeting times for the courses overlap, unless the district has established and incorporated into its attendance accounting procedures adopted pursuant to section 58030 a mechanism for ensuring that the following requirements are satisfied:
(1) the student provides a sound justification, other than mere scheduling convenience, of the need for the overlapping schedule;
(2) an appropriate district official approves the schedule;
(3) the college maintains documentation describing the justification for the overlapping schedule and showing that the student made up the hours of overlap in the course partially or wholly not attended as scheduled at some other time during the same week under the supervision of the instructor of the course.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55008. Appointment of Vocational Education Advisory Committee by School District Participating in Vocational Education Program. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of printing error in second paragraph (Register 91, No.43).
3. Repealer filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
4. Editorial correction of History 1 (Register 95, No. 20).
Article 2. Grading and Academic Record Symbols
Note • History
The governing board of each community college district shall adopt regulations consistent with this article. The regulations shall be published in the college catalog under appropriate headings and filed with the Chancellor's Office as required by section 51002.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 76000, Education Code.
HISTORY
1. New article 2 (sections 55020-55025) and section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Note • History
(a) The governing board of each community college district shall establish a uniform grading policy for all colleges within the district. The policy shall be based on sound academic principles and be consistent with the requirements of this chapter.
(b) The grading policy shall require that all work in all degree-applicable and nondegree-applicable credit courses shall be graded in accordance with a grading system adopted by the governing board consistent with section 55023.
(c) The grading policy may provide for award of grades in noncredit courses, including courses which are part of a high school diploma program or may be accepted for high school credit by a high school.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Note • History
(a) The policy adopted pursuant to section 55021 may permit courses to be offered in either or both of the following categories and, if so, shall require that each college catalog specify the category into which each course falls:
(1) Courses wherein all students are evaluated on a “pass-no pass” basis.
(2) Courses wherein each student may elect on registration, or no later than the end of the first 30 percent of the term, whether the basis of evaluation is to be “pass-no pass” or a letter grade.
(b) All units of credit earned on a “pass-no pass” or “credit-no credit” basis in accredited California institutions of higher education or equivalent out-of-state institutions shall be counted in satisfaction of community college curriculum requirements.
(c) Units earned on a “pass-no pass” basis shall not be used to calculate grade point averages. However, units attempted for which the symbol “NP” (as defined in section 55023) is recorded shall be considered in probation and dismissal procedures.
(d) Notwithstanding any provision of this chapter, a district may continue to designate courses as being offered on a “credit-no credit basis” instead of a “pass-no pass” basis and may continue to use the “CR” and “NC” symbols, as defined in section 55030, instead of the “P” and “NP” symbols until the Fall 2009 term. Until the Fall 2009 term, any reference in this chapter to the “P” symbol shall be deemed to include the “CR” symbol and any reference to the “NP” symbol shall be deemed to include the “NC” symbol.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55023. Academic Record Symbols and Grade Point Average.
Note • History
(a) Except as provided in subdivisions (b) and (c), grades from a grading system shall be averaged on the basis of the point equivalencies to determine a student's grade point average using only the following evaluative symbols:
Symbol Definition Grade Point
A Excellent 4
B Good 3
C Satisfactory 2
D Less than satisfactory 1
F Failing 0
P Passing (At least satisfactory - units awarded not
counted in GPA. Has the same meaning as “CR”
as that symbol was defined prior to June 30,
2007.)
NP No Pass (Less than satisfactory, or failing - units
not counted in GPA. NP has the same meaning as
“NC” as that symbol was defined prior to June 30,
2007.)
(b) The governing board of a community college district may use “plus” and “minus” designations in combination with letter grades, except that the grade of C minus shall not be used. If pluses and minuses are used, the grade point value of a plus shall be computed by adding 0.3 to the value assigned to the letter grade with which it is combined, and the grade point value of a minus shall be computed by subtracting 0.3 from the value assigned to the letter grade with which it is combined, except that no grade point value shall be less than 0 or greater than 4.0.
(c) Regardless of whether the governing board elects to use plus and minus grading, it may provide for the use of the “FW” grade symbol to indicate that a student has both ceased participating in a course some time after the last day to officially withdraw from the course without having achieved a final passing grade, and that the student has not received district authorization to withdraw from the course under extenuating circumstances. The “FW” symbol may not be used if a student has qualified for and been granted military withdrawal. If “FW” is used, its grade point value shall be zero (0).
(d) The governing board of each community college district shall publish the point equivalencies for the grades used in subdivision (a), or, subdivisions (a) and (b) (if pluses and minuses are used) in the catalog or catalogs of each college in the district as a part of its grading policies. In the event the governing board chooses to use the “FW” described in subdivision (c), it shall be included in the grading system and point equivalencies published in the catalog.
(e) The governing board of each community college district may authorize the use, under controls and conditions specified below, of only the following nonevaluative symbols:
Symbol Definition
I Incomplete: Incomplete academic work for unforeseeable, emergency and justifiable reasons at the end of the term may result in an “I” symbol being entered in the student's record. The condition for the removal of the “I” shall be stated by the instructor in a written record. This record shall contain the conditions for the removal of the “I” and the grade assigned in lieu of its removal. This record must be given to the student with a copy on file with the registrar until the “I” is made up or the time limit has passed. A final grade shall be assigned when the work stipulated has been completed and evaluated, or when the time limit for completing the work has passed.
The “I” may be made up no later than one year following the end of the term in which it was assigned.
The “I” symbol shall not be used in calculating units attempted nor for grade points. The governing board shall provide a process whereby a student may petition for a time extension due to unusual circumstances.
IP In progress: The “IP” symbol shall be used only in those courses which extend beyond the normal end of an academic term. It indicates that work is “in progress,” but that assignment of an evaluative symbol (grade) must await its completion. The “IP” symbol shall remain on the student's permanent record in order to satisfy enrollment documentation. The appropriate evaluative symbol (grade) and unit credit shall be assigned and appear on the student's permanent record for the term in which the course is completed. The “IP”shall not be used in calculating grade point averages. If a student enrolled in an “open-entry, open-exit” course is assigned an “IP” at the end of a term and does not re-enroll in that course during the subsequent term, the appropriate faculty will assign an evaluative symbol (grade) in accordance with subdivision (a) or (a) and (b) if plus and minus grading is used) to be recorded on the student's permanent record for the course.
RD Report Delayed: The “RD” symbol may be assigned by the registrar only. It is to be used when there is a delay in reporting the grade of a student due to circumstances beyond the control of the student. It is a temporary notation to be replaced by a permanent symbol as soon as possible. “RD” shall not be used in calculating grade point averages.
W Withdrawal: The “W” symbol may be used to denote withdrawal in accordance with the requirements of section 55024.
MW Military Withdrawal: The “MW” symbol may be used to denote military withdrawal in accordance with section 55024.
(f) In calculating students' degree-applicable grade point averages, grades earned in nondegree-applicable credit courses shall not be included.
NOTE
Authority cited: Section 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Note • History
(a) The governing board of a district which decides to provide a withdrawal procedure shall adopt a policy which provides for withdrawal from credit courses consistent with the following:
(1) Withdrawal from a course or courses shall be authorized through the last day of the fourteenth week of instruction (or 75 percent of a term, whichever is less). The governing board, however, may establish a final withdrawal date which prohibits withdrawal after a designated point in time between the end of the fourth week of instruction (or 30 percent of a term, whichever is less) and the last day of the fourteenth week of instruction (or 75 percent of a term, whichever is less). The academic record of a student who remains in a course beyond the time allowed by district policy must reflect a symbol as authorized in section 55023 other than a “W.”
(2) The governing board may by regulation authorize withdrawal from a course or courses in extenuating circumstances after the last day of the fourteenth week (or 75 percent of the term, whichever is less) upon petition of the student or his or her representative and after consultation with the appropriate faculty. Extenuating circumstances are verified cases of accidents, illnesses or other circumstances beyond the control of the student.
(3) No notation (“W” or other) shall be made on the academic record of the student who withdraws during the first four weeks or 30 percent of a term, whichever is less. The governing board may establish a period of time shorter than the first four weeks or 30 percent of a term, during which no notation shall be made.
(4) Withdrawal between the end of the fourth week (or such time as established by the district) and the last day of the fourteenth week of instruction (or 75 percent of a term, whichever is less) shall be authorized, provided the appropriate faculty is informed.
(5) Withdrawal after the end of the fourteenth week (or 75 percent of a term, whichever is less) when the district has authorized such withdrawal in extenuating circumstances, after consultation with appropriate faculty, shall be recorded as a “W.”
(6) For purposes of withdrawal policies, the term “appropriate faculty” means the instructor of each course section in question or, in the event the instructor cannot be contacted, the department chair or appropriate administrator.
(7) The “W” shall not be used in calculating grade point averages, but shall be used in determining probation and dismissal pursuant to article 3 of this subchapter.
(8) A “W” shall not be assigned, or if assigned shall be removed, from a student's academic record, if a determination is made pursuant to sections 59300 et seq. that the student withdrew from the course due to discriminatory treatment or due to retaliation for alleging discriminatory treatment.
(9) The district policy shall establish the number of times (not to exceed three times) that a student may withdraw and receive a “W” symbol on his or her record for enrollment in the same course. The district policy may permit a student to enroll again in a course after having previously received the authorized number of “W” symbols in the same course in colleges within the district, if the chief instructional officer, chief student services officer or other district official designated in the district policy approves such enrollment after review of a petition filed by the student.
(10) The district policy may provide that a “W” symbol will not be assigned to any student who withdrew from one or more classes, where such withdrawal was necessary due to fire, flood or other extraordinary conditions and the withdrawal is authorized by the district pursuant to section 58509.
(11) The district policy shall include provisions for intervention in cases of multiple withdrawals.
(b) Within the parameters set forth in subdivision (a), criteria for withdrawal and the procedures to accomplish it shall be established by the district governing board and published in college catalogs.
(c) A district's responsibilities with respect to enrollment or attendance accounting shall not be modified or superseded in any way by adoption of a withdrawal policy.
(d) The governing board of a district which decides to provide a withdrawal policy shall also adopt military withdrawal procedures consistent with the following:
(1) “Military Withdrawal” occurs when a student who is a member of an active or reserve United States military service receives orders compelling a withdrawal from courses. Upon verification of such orders, a withdrawal symbol may be assigned at any time after the period established by the governing board during which no notation is made for withdrawals. The withdrawal symbol so assigned shall be a “MW.”
(2) Military withdrawals shall not be counted in progress probation and dismissal calculations.
(3) “MW” shall not be counted for the permitted number of withdrawals.
(4) In no case may a military withdrawal result in a student being assigned an “FW” grade.
(e) Notwithstanding the limits set forth above, apportionment will be limited as set forth in section 58161.
NOTE
Authority cited: Section 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
2. Amendment of subsections (a)-(a)(1) and new subsections (a)-(a)(10) filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
3. Amendment filed 9-29-2009; operative 10-29-2009. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2009, No. 43).
4. Amendment of subsection (a)(9), repealer of subsections (a)(9)(A)-(B) and new subsection (e) filed 9-12-2011; operative 10-12-2011. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2011, No. 37).
Note • History
(a) In any course of instruction in a community college district for which grades are awarded, the instructor of the course shall determine the grade to be awarded each student in accordance with this article. The determination of the student's grade by the instructor shall be final in the absence of mistake, fraud, bad faith, or incompetency.
(b) For purposes of this section, “mistake” may include, but is not limited to, clerical errors and errors made by an instructor in calculating a student's grade.
(c) Procedures for the correction of grades shall be consistent with Education Code section 76232 or provide an alternative mechanism which will ensure that students receive a reasonable and objective review of the requested grade change. If the procedure requires the student to first request a grade change from the instructor, provisions shall be made for another faculty member to substitute for the instructor if the instructor is not available, the student has filed a discrimination complaint or the district determines that it is possible there has been gross misconduct by the original instructor.
(d) Procedures shall also include expunging the incorrect grade from the record.
(e) When grade changes are made as a result of course repetition in accordance with article 4 of this subchapter, appropriate annotations of any courses repeated shall be entered on the student's permanent academic record in such a manner that all work remains legible, insuring a true and complete academic history.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 76224, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Article 3. Probation and Dismissal
Note • History
For the purposes of this chapter, the following terms shall have the specified meanings:
(a) “All units attempted” means all units of credit for which the student is enrolled in the current community college of attendance. The governing board of each district shall adopt rules and regulations governing the inclusion or exclusion of units in which a student did not receive a grade or “pass-no pass” or from which the student withdrew in accordance with rules adopted by the district governing board.
(b) “CR” means “credit” and is a symbol used to denote that a student received credit for at least satisfactory work in a course taken on a “credit-no credit basis” prior to the Fall 2009 term.
(c) “NC” means “no credit” and is a symbol used to denote that a student did not receive credit for a course taken on a “credit-no credit basis” prior to the Fall 2009 term.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 76000, Education Code.
HISTORY
1. New article 3 (sections 55030-55035) and section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55031. Standards for Probation.
Note • History
(a) Academic probation. A student who has attempted at least 12 semester or 18 quarter units as shown by the official academic record shall be placed on academic probation if the student has earned a grade point average below 2.0 in all units which were graded on the basis of the grading system described in section 55023.
(b) Progress probation. A student who has enrolled in a total of at least 12 semester or 18 quarter units as shown by the official academic record shall be placed on progress probation when the percentage of all units in which a student has enrolled and for which entries of “W,” “I,” “NP” and “NC” (as defined in sections 55023 and 55030) are recorded reaches or exceeds fifty percent (50 percent).
(c) The governing board of a community college district may adopt standards for probation not lower than those standards specified in subdivisions (a) and (b) of this section. Specifically:
(1) A district may establish, as the minimum number of units before academic or progress probation is assessed, a number of units fewer than 12 semester or 18 quarter units; or
(2) A district may establish, as the minimum grade point average for academic probation purposes, a grade point average greater than 2.0; or
(3) A district may establish, as the minimum percentage of units of “W,” “I,” “NP,” and “NC,” a percentage less than fifty percent (50%).
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 76000, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55032. Removal from Probation.
Note • History
(a) A student on academic probation for a grade point deficiency shall be removed from probation when the student's accumulated grade point average is 2.0 or higher.
(b) A student on progress probation because of an excess of units for which entries of “W,” “I,” “NP” and “NC” (as defined in section 55023 and 55030) are recorded shall be removed from probation when the percentage of units in this category drops below fifty percent (50%).
(c) The governing board of a district shall adopt and publish procedures and conditions for probation and appeal of probation and request for removal from probation. Such procedures and conditions may establish standards not lower than those standards specified in subdivisions (a) and (b) of this section. Specifically:
(1) A district may establish, as a minimum grade point average for removal from academic probation, a grade point average greater than 2.0; or
(2) A district may establish, as the minimum percentage of units of “W,” “I,” “NP,” and “NC,” a percentage less than fifty percent (50%) for removal from probation.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 76000, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55033. Standards for Dismissal.
Note • History
For purposes of this section, semesters or quarters shall be considered consecutive on the basis of the student's enrollment, so long as the break in the student's enrollment does not exceed one full primary term.
(a) A student who is on academic probation shall be subject to dismissal if the student earned a cumulative grade point average of less than 1.75 in all units attempted in each of 3 consecutive semesters (5 consecutive quarters) which were graded on the basis of the grading system described in section 55023.
(b) A student who has been placed on progress probation shall be subject to dismissal if the percentage of units in which the student has been enrolled for which entries of “W,” “I,” “NP” and “NC” (as defined in section 55023 and 55030) are recorded in at least 3 consecutive semesters (5 consecutive quarters) reaches or exceeds fifty percent (50%) in accordance with section 55031.
(c) The governing board of a district shall adopt and publish procedures and conditions for dismissal and appeal of dismissal and request for reinstatement. Such procedures and conditions may establish standards not lower than the standards specified in subdivisions (a) and (b) of this section. Specifically:
(1) A district may establish, as the minimum cumulative grade point average for dismissal purposes, a grade point average greater than 1.75; or
(2) A district may establish, as the minimum percentage of units of “W,” “I,” “NP” and “NC,” a percentage less than fifty percent (50%), or
(3) A district may establish, as a minimum number of consecutive semesters or quarters, a number fewer than 3 consecutive semesters or 5 consecutive quarters.
(d) The district board shall adopt rules setting forth the circumstances that shall warrant exceptions to the standards for dismissal herein set forth.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 76000, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55034. Notification of Probation and Dismissal.
Note • History
Each community college shall make reasonable efforts to notify a student subject to academic probation or dismissal at or near the beginning of the semester or quarter in which it will take effect but, in any case, no later than the start of the fall semester or quarter. Each community college shall also make a reasonable effort to provide counseling and other support services to a student on probation to help the student overcome any academic difficulties. Each community college shall make reasonable efforts to notify a student of removal from probation or reinstatement after dismissal within timelines established by the district. Probation and dismissal policies and procedures shall be published in the college catalog.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55035. Remedial Coursework Limit.
Note • History
(a) A student's need for remedial coursework shall be determined using appropriate assessment instruments, methods, or procedures administered pursuant to subchapter 6 (commencing with section 55500) of this chapter. However, except as provided in subdivision (c) of this section, no student shall receive more than 30 semester units (or 45 quarter units) of credit for remedial coursework. Students having exhausted the unit limitation shall be referred for further remedial work to appropriate adult noncredit education services provided by a college, adult school, community-based organization, or other appropriate local provider.
(b) For the purposes of this section, “remedial coursework” refers to nondegree-applicable basic skills courses as defined in subdivision (j) of section 55000.
(c) The following students are exempted from the limitation on remedial coursework described in subdivision (a) of this section:
(1) Students enrolled in one or more courses of English as a Second Language (ESL);
(2) Students identified by the district as having a learning disability as defined in section 56036.
(d) The governing board of a district may provide a waiver of the limitation on remedial coursework with respect to any student who shows significant, measurable progress toward the development of skills appropriate to his or her enrollment in degree-applicable credit courses. Such waivers, if granted, shall be provided pursuant to locally developed standards which are reviewed and approved by the governing board. The standards shall include provisions which ensure that waivers are only given for specified periods of time or for specified numbers of units.
(e) A student who does not attain full eligibility status for degree-applicable credit courses within the limit described in subdivision (a) of this section shall, unless provided with a waiver, be restricted to taking only noncredit courses, nondegree-applicable courses which do not involve remediation, and those degree-applicable credit courses which do not have basic skills prerequisites or advisories on recommended preparation.
(f) A student may, upon successful completion of appropriate “remedial coursework,” or upon demonstration of skills levels which will reasonably assure success in degree-applicable credit courses, request reinstatement to proceed with such coursework.
(g) The governing board of each district shall submit, through the established Management Information System, information necessary to enable the Chancellor to determine the following:
(1) The effect of this section on students by sex, age, and ethnicity;
(2) Success rates for students enrolled in “remedial coursework;”
(3) Attrition rates for students enrolled in “remedial coursework;”
(4) Rates at which students are referred to and enroll in adult noncredit instruction;
(5) Rates at which students who are referred to adult noncredit instruction subsequently enroll in degree-applicable credit courses;
(6) Term-to-term persistence rates for students;
(7) Rates at which students enter employment immediately after completing remedial coursework;
(8) The extent to which students are exempted from the limitation specified in subdivision (b);
(9) The extent to which students receive waivers, as authorized by subdivision (d); and
(10) The rate at which students are dismissed as described in subdivision (e).
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 84500, Education Code; and Statutes of 1988, Chapter 973, Section 68.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Article 4. Course Repetition and Academic Renewal
§55040. District Policy for Course Repetition.
Note • History
(a) The governing board of each community college district shall adopt and publish policies and procedures pertaining to the repetition of credit courses. Such policies and procedures shall not conflict with section 55025 or Education Code section 76224, pertaining to the finality of grades assigned by instructors, or with subchapter 2.5 (commencing with section 59020) of chapter 10 of this division, pertaining to the retention and destruction of student records.
(b) For purposes of course repetition, academic renewal, and all other related provisions in this division, the following terms shall have the meanings specified below:
(1) “Course repetition” occurs when a student who has previously received an evaluative symbol as defined in section 55023, in a particular course re-enrolls in that course and receives an evaluative symbol as defined in section 55023.
(2) “Substandard academic work” means course work for which the grading symbols “D,” “F,” “FW,” “NP” or “NC” (as defined in sections 55023 and 55030) have been recorded.
(c) The policies and procedures adopted pursuant to subdivision (a) may:
(1) designate certain types of courses as “repeatable courses” consistent with the requirements of section 55041.
(2) allow a student to repeat a course in an effort to alleviate substandard academic work consistent with the requirements of section 55042.
(3) permit or require a student to repeat a course due to significant lapse of time consistent with the requirements of section 55043.
(4) permit a student to repeat a portion of a variable unit open-entry/open-exit course which the student previously completed only under the circumstances described in section 55044.
(5) permit a student to repeat a course which is not designated as a repeatable course, regardless of whether or not substandard academic work was previously recorded, where the district determines, consistent with section 55045, that there are extenuating circumstances which justify the repetition.
(6) permit a student to repeat a course in occupational work experience under the circumstances described in section 55253. When an occupational work experience course is repeated pursuant to that section, the grade received each time shall be included for purposes of calculating the student's grade point average.
(7) permit a student with a disability to repeat a special class for students with disabilities any number of times based on an individualized determination that such repetition is required as a disability-related accommodation for that particular student for one of the reasons specified in section 56029. The district policy may allow the previous grade and credit to be disregarded in computing the student's GPA each time the course is repeated.
(d) When course repetition occurs pursuant to this section, the student's permanent academic record shall clearly indicate any courses repeated using an appropriate symbol and be annotated in such a manner that all work remains legible, insuring a true and complete academic history.
(e) Notwithstanding the limits set forth above, apportionment will be limited as set forth in section 58161.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New article 4 (sections 55040-55043) and section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
2. Amendment filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
3. Amendment of subsections (a), (b)(1) and (c)(2) filed 9-29-2009; operative 10-29-2009. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2009, No. 43).
4. Amendment of subsections (c)(1)-(5) and new subsection (e) filed 9-12-2011; operative 10-12-2011. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2011, No. 37).
Note • History
(a) The district policy and procedures on course repetition adopted pursuant to section 55040 may designate as repeatable courses only those courses described in this section.
(b) If a district permits repetition of courses regardless of whether substandard academic work has been recorded, repetition shall be permitted, without petition, in instances when such repetition is necessary for a student to meet a legally mandated training requirement as a condition of continued paid or volunteer employment. Such courses must conform to all attendance accounting, course approval, and other requirements imposed by applicable provisions of law. Such courses may be repeated for credit any number of times. The governing board of a district may establish policies and procedures requiring students to certify or document that course repetition is necessary to complete legally mandated training pursuant to this subdivision.
(c) The district policy adopted pursuant to section 55040 may also designate courses of the types described in this subdivision as repeatable courses, subject to the following conditions:
(1) The district must identify the courses which are to be repeatable, and designate such courses in its catalog.
(2) The district must determine and certify that each identified course is one in which either:
(A) the course content differs each time it is offered; or
(B) the course is an activity course where the student meets course objectives by repeating a similar primary educational activity and the student gains an expanded educational experience each time the course is repeated for one of the following reasons:
(i) Skills or proficiencies are enhanced by supervised repetition and practice within class periods; or
(ii) Active participatory experience in individual study or group assignments is the basic means by which learning objectives are obtained.
(3) Activity courses which may qualify as repeatable courses meeting the requirements of paragraph (2)(B) of this subdivision include, but are not limited to the following:
(A) Physical education courses; or
(B) Visual or performing arts courses in music, fine arts, theater or dance.
(4) foreign language courses, ESL courses and nondegree-applicable basic skills courses are not considered “activity courses” for purposes of paragraph (2)(B of this subdivision).
(5) The district must develop and implement a mechanism for the proper monitoring of such repetition.
(6) Students may repeat a course pursuant to this subdivision for not more than three semesters or five quarters. For purposes of this subdivision, semesters or quarters include summer or intersessions.
(7)(A) Except as provided in subparagraph (B) of this paragraph, where a college establishes several levels of courses which consist of similar educational activities, the repetition limitation in paragraph (6) of this subdivision applies to all levels of courses that involve a similar primary educational activity regardless of whether the repetitions reflect multiple enrollments in a single course or in multiple courses involving the same primary activity.
(B) Visual or performing arts courses in music, fine arts, theater or dance which are part of a sequence of transfer courses are not subject to subparagraph (A) of this paragraph.
(d) When a course is repeated pursuant to this section, the grade received each time shall be included for purposes of calculating the student's grade point average.
NOTE
Authority cited: Section 70901, Education Code. Reference: Sections 70901, 70902 and 76000, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
2. Amendment of section heading and section filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
§55042. Course Repetition to Alleviate Substandard Academic Work.
Note • History
(a) The district policies and procedures on course repetition adopted pursuant to section 55040 may permit a student to repeat a course in an effort to alleviate substandard academic work.
(b) If a student repeats a course which is not designated as a repeatable course and receives a satisfactory grade, then he or she may not repeat the course again pursuant to this section and any further repetition of the course must be authorized by another provision of this division. If a student repeats the course and receives another substandard grade, the district policy may permit the student to repeat the course one additional time in an effort to alleviate substandard work. District policy may permit a student to petition to repeat a course for which three substandard grades have been assigned, provided apportionment is not claimed pursuant to section 58161. The first two substandard grades may be excluded in computing the student's GPA if the student repeats the class two or more times.
(c) If a student repeats a repeatable course and a substandard grade has been recorded, district policy may allow the previous grade and credit to be disregarded provided that no additional repetitions are permitted beyond those limits specified in section 55041(c)(6). No more than two substandard grades may be alleviated pursuant to this section.
(d) Notwithstanding section 55041, policies and procedures related to course repetition to alleviate substandard academic work shall:
(1) permit repetition of any course which was taken in an accredited college or university and for which substandard academic work is recorded;
(2) indicate any specific courses or categories of courses where repetition pursuant to this section is not permitted; and
(3) in determining transfer of a student's credits, honor similar, prior course repetition actions by other accredited colleges and universities.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
2. Repealer and new section filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
3. Amendment filed 9-29-2009; operative 10-29-2009. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2009, No. 43).
4. Amendment of subsections (b)-(c) filed 9-12-2011; operative 10-12-2011. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2011, No. 37).
§55043. Course Repetition Due to Significant Lapse of Time.
Note • History
(a) In addition to permitting course repetition in the circumstances described in other provisions of this article, a district may also permit or require repetition of a course where the student received a satisfactory grade the last time he or she took the course but the district determines that there has been a significant lapse of time since that grade was obtained and:
(1) the district has properly established a recency prerequisite for a course or program pursuant to section 55003 or has otherwise defined “significant lapse of time” in its policy on course repetition; or
(2) another institution of higher education to which the student seeks to transfer has established a recency requirement which the student will not be able to satisfy without repeating the course in question.
(b) If the district determines that a student needs to repeat an activity course of the type described in subdivision (c)(2)(B) of section 55041 due to significant lapse of time, that repetition shall be counted in applying the limit on repetitions set forth in subdivision (c)(6) of section 55041 except that, if the student has already exhausted the number of repetitions permitted under subdivision (c)(6), an additional repetition due to significant lapse of time may be permitted or required by the district.
(c) When a course is repeated pursuant to this section, the district policy may allow the previous grade and credit to be disregarded in computing the student's GPA.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
2. Repealer and new section filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
§55044. Repetition of Variable Unit Courses.
Note • History
(a) If a community college district offers credit courses for variable units on an open-entry/ open-exit basis pursuant to section 58164, the district policies and procedures on course repetition adopted pursuant to section 55040 shall provide that a student may enroll in the course as many times as necessary to complete one time the entire curriculum of the course as described in the course outline of record. However, the district policy may not permit the student to repeat any portion of the curriculum for the course, unless:
(1) the course is required for legally mandated training;
(2) the course is a special class for students with disabilities which the student needs to repeat for one of the reasons described in section 56029;
(3) repetition of the course to retake a portion of the curriculum is justified by extenuating circumstances pursuant to section 55045; or
(4) the student wishes to repeat the course to alleviate substandard work recorded for a portion of the curriculum as authorized pursuant to section 55042.
(b) Notwithstanding subdivision (a), each time a student enrolls in a physical education activity course offered on an open entry/open exit basis, regardless of the number of units for which the student enrolls, the enrollment shall count as a repetition of the course for purposes of sections 55041 and 58161.
(c) When course repetition of a portion of a course is permitted under the circumstances described in subdivision (a), the district policy may allow the previous grade and credit to be disregarded in computing the student's GPA.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
2. Repealer and new section filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
§55045. Course Repetition Due to Extenuating Circumstances.
Note • History
The district policies and procedures on course repetition adopted pursuant to section 55040 may permit a student to repeat a course only if:
(a) the repetition is expressly authorized by another provision of this article; or
(b) the student files a petition and the governing board of the district or its designee grants written approval of the petition based on a finding that the student's previous grade (whether substandard or passing) was, at least in part, the result of extenuating circumstances. Extenuating circumstances are verified cases of accidents, illness, or other circumstances beyond the control of the student. When course repetition is approved pursuant to this subdivision, the district policy may allow the previous grade and credit to be disregarded in computing the student's GPA each time the course is repeated.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New section filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
§55046. Academic Renewal Without Course Repetition.
Note • History
(a) The governing board of each community college district shall adopt and publish policies and procedures pertaining to the alleviation of previously recorded substandard academic work, as defined in section 55040, which is not reflective of a student's demonstrated ability. Such policies and procedures shall include a clear statement of the educational principles upon which they are based, and shall be referred to as academic renewal procedures. When academic renewal procedures adopted by the district permit previously recorded, substandard course work to be disregarded in the computation of grade point averages, the permanent academic record shall be annotated in such a manner that all work remains legible, insuring a true and complete academic history.
(b) Policies and procedures adopted pursuant to subdivision (a) shall not conflict with:
(1) section 55025 of this subchapter and Education Code section 76224, pertaining to the finality of grades assigned by instructors; or
(2) chapter 2.5 (commencing with section 59020) of division 10 of this part pertaining to the retention and destruction of records.
(c) The policies and procedures adopted pursuant to subdivision (a) shall address all of the following:
(1) The maximum amount of coursework that may be alleviated;
(2) The amount of academic work to have been completed at a satisfactory level (minimum 2.00) subsequent to the coursework to be alleviated;
(3) The length of time to have elapsed since the coursework to be alleviated was recorded;
(4) A description of any specific courses and/or categories of courses that are, for any reason, exempt from consideration under the alleviation procedures;
(5) The procedures to be followed by students in petitioning for alleviation; and
(6) The personnel responsible for implementing the procedures.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 76224, Education Code.
HISTORY
1. New section filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
Article 5. Alternative Methods for Awarding Credit
§55050. Credit by Examination.
Note • History
(a) The governing board of each community college district shall adopt and publish policies and procedures pertaining to credit by examination in accordance with the provisions of this section.
(b) The governing board may grant credit to any student who satisfactorily passes an examination approved or conducted by proper authorities of the college. Such credit may be granted only to a student who is registered at the college and in good standing and only for a course listed in the catalog of the community college.
(c) The nature and content of the examination shall be determined solely by faculty in the discipline who normally teach the course for which credit is to be granted in accordance with policies and procedures approved by the curriculum committee established pursuant to section 55002. The faculty shall determine that the examination adequately measures mastery of the course content as set forth in the outline of record. The faculty may accept an examination conducted at a location other than the community college for this purpose.
(d) A separate examination shall be conducted for each course for which credit is to be granted. Credit may be awarded for prior experience or prior learning only in terms of individually identified courses for which examinations are conducted pursuant to this section.
(e) The student's academic record shall be clearly annotated to reflect that credit was earned by examination.
(f) Grading shall be according to the regular grading system approved by the governing board pursuant to section 55023, except that students shall be offered a “pass-no pass” option if that option is ordinarily available for the course.
(g) Units for which credit is given pursuant to the provisions of this section shall not be counted in determining the 12 semester hours of credit in residence required for an associate degree.
(h) A district may charge a student a fee for administering an examination pursuant to this section, provided the fee does not exceed the enrollment fee which would be associated with enrollment in the course for which the student seeks credit by examination.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New article 5 (sections 55050-55052) and section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55051. Articulation of High School Courses.
Note • History
(a) For purposes of this section, the term “articulated high school course” means a high school course or courses that the faculty in the appropriate discipline, using policies and procedures approved by the curriculum committee established pursuant to section 55002, have determined to be comparable to a specific community college course.
(b) The governing board of a community college district may adopt policies to permit articulated high school courses to be applied to community college requirements in accordance with this section. Articulated high school courses may be accepted in lieu of comparable community college courses to partially satisfy:
(1) requirements for a certificate program, including the total number of units required for the certificate; or,
(2) The major or area of emphasis requirements in a degree program.
(c) Articulated high school courses used to partially satisfy certificate or major/area of emphasis requirements shall be clearly noted as such on the student's academic record. Notations of community college course credit shall be made only if community college courses are successfully completed or if credit is earned via credit by examination.
(d) Except through credit by examination, as defined in section 55753, high school courses may not be used to satisfy:
(1) The requirement of section 55063 that students complete at least 60 semester or 90 quarter units in order to receive an associate degree; or,
(2) Any general education requirement for the associate degree established by the district.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66700, 70901 and 70902, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55052. Advanced Placement Examinations.
Note • History
The governing board of a community college district may adopt policies to grant credit for satisfactory completion of advanced placement examinations typically recognized by colleges and universities as measuring competencies comparable to those achieved in baccalaureate level courses.
The faculty in the appropriate discipline must approve advanced placement examinations, scores deemed to constitute satisfactory performance, courses offered by the college for which credit will be granted, and requirements that may be met by such examinations in accordance with policies and procedures approved by the curriculum committee established pursuant to section 55002.
The student's academic record shall be clearly annotated to reflect that credit was earned through an advanced placement examination.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66700, 70901 and 70902, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Article 6. The Associate Degree
Note • History
The governing board of each community college district shall adopt policy consistent with the provisions of this article. The policy shall be published in the college catalog under appropriate headings, and filed with the Chancellor's Office as required by section 51004.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66701, 70901 and 70902, Education Code.
HISTORY
1. New article 6 (sections 55060-55064) and section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55061. Philosophy and Criteria for Associate Degree and General Education.
Note • History
(a) The governing board of a community college district shall adopt a policy which states its specific philosophy on General Education. In developing this policy governing boards shall consider the following policy of the Board of Governors:
The awarding of an Associate Degree is intended to represent more than an accumulation of units. It is to symbolize a successful attempt on the part of the college to lead students through patterns of learning experiences designed to develop certain capabilities and insights. Among these are the ability to think and to communicate clearly and effectively both orally and in writing; to use mathematics; to understand the modes of inquiry of the major disciplines; to be aware of other cultures and times; to achieve insights gained through experience in thinking about ethical problems; and to develop the capacity for self-understanding. In addition to these accomplishments, the student shall possess sufficient depth in some field of knowledge to contribute to lifetime interest.
Central to an Associate Degree, General Education is designed to introduce students to the variety of means through which people comprehend the modern world. It reflects the conviction of colleges that those who receive their degrees must possess in common certain basic principles, concepts and methodologies both unique to and shared by the various disciplines. College educated persons must be able to use this knowledge when evaluating and appreciating the physical environment, the culture, and the society in which they live. Most importantly, General Education should lead to better self-understanding.
In establishing or modifying a general education program, ways shall be sought to create coherence and integration among the separate requirements. It is also desirable that general education programs involve students actively in examining values inherent in proposed solutions to major social problems.
(b) The governing board of a community college district shall also establish criteria to determine which courses may be used in implementing its philosophy on the associate degree and general education.
(c) The governing board of a community college district shall, on a regular basis, review the policy and criteria established pursuant to subdivisions (a) and (b) of this section.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66701, 70901 and 70902, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55062. Types of Courses Appropriate to the Associate Degree.
Note • History
The criteria established by the governing board of a community college district to implement its philosophy on the associate degree shall permit only courses that conform to the standards specified in section 55002(a) and that fall into the following categories to be offered as degree-applicable credit courses:
(a) All lower division courses accepted toward the baccalaureate degree by the California State University or University of California or designed to be offered for transfer.
(b) Courses that apply to the major or area of emphasis in non-baccalaureate career technical fields.
(c) English composition or reading courses not more than one level below the first transfer level course. Each student may count only one such course below transfer level for credit toward the associate degree, except that reading courses which also satisfy the requirements of subdivision (a) are not subject to this limit. English as a Second Language (ESL) courses which teach composition or reading skills are not considered to be English composition or reading courses for purposes of this subdivision.
(d) All mathematics courses above and including Elementary Algebra.
(e) Credit courses in English and mathematics taught in or on behalf of other departments and which, as determined by the local governing board require entrance skills at a level equivalent to those necessary for the courses specified in subdivisions (c) and (d) above.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66701, 70901 and 70902, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
2. Amendment of subsection (c) filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
§55063. Minimum Requirements for the Associate Degree.
Note • History
The governing board of a community college district shall confer the associate degree upon a student who has demonstrated competence in reading, in written expression, and in mathematics, and who has satisfactorily completed at least 60 semester units or 90 quarter units of degree-applicable credit course work (as defined in section 55002(a)) which falls into the categories described in section 55062. A college may also accept toward satisfaction of this requirement courses that were not completed at a California community college that would reasonably be expected to meet or exceed the standards of section 55002(a).
Effective for all students admitted to a community college for the Fall 2009 term or any term thereafter, competence in written expression shall be demonstrated by obtaining a satisfactory grade in an English course at the level of the course typically known as Freshman Composition (either Freshman Composition or another English course at the same level and with the same rigor, approved locally) or by completing an assessment conducted pursuant to subchapter 6 of this chapter (commencing with section 55500) and achieving a score determined to be comparable to satisfactory completion of the specified English course. Satisfactory completion of an English course at the level of Freshman Composition shall satisfy both this competency requirement and the coursework requirement set forth in subdivision (b)(1)(D)(i) of this section.
Effective for all students admitted to a community college for the Fall 2009 term or any term thereafter, competence in mathematics shall be demonstrated by obtaining a satisfactory grade in a mathematics course at the level of the course typically known as Intermediate Algebra (either Intermediate Algebra or another mathematics course at the same level, with the same rigor and with Elementary Algebra as a prerequisite, approved locally) or by completing an assessment conducted pursuant to subchapter 6 of this chapter (commencing with section 55500) and achieving a score determined to be comparable to satisfactory completion of the specified mathematics course. Satisfactory completion of a mathematics course at the level of Intermediate Algebra shall satisfy both this competency requirement and the coursework requirement set forth in subdivision (b)(1)(D)(ii) of this section.
The competency requirements for written expression and mathematics may also be met by obtaining a satisfactory grade in courses in English and mathematics taught in or on behalf of other departments and which, as determined by the local governing board, require entrance skills at a level equivalent to those necessary for Freshman Composition and Intermediate Algebra respectively. Requirements for demonstrating competency in reading shall be locally determined.
The required 60 semester or 90 quarter units of course work must be fulfilled in a curriculum accepted toward the degree by a college within the district (as shown in its catalog). It must include at least 18 semester or 27 quarter units in general education and at least 18 semester or 27 quarter units in a major or area of emphasis as prescribed in this section. Of the total required units, at least 12 semester or 18 quarter units must be completed in residence at the college granting the degree. Exceptions to residence requirements for the associate degree may be made by the governing board when it determines that an injustice or undue hardship would be placed on the student.
(a) Requirements for a major or area of emphasis.
(1) At least 18 semester or 27 quarter units of study must be taken in a single discipline or related disciplines, as listed in the community colleges “Taxonomy of Programs,” or in an area of emphasis involving lower division coursework which prepares students for a field of study or for a specific major at the University of California or the California State University.
(2) Effective for all students admitted to a community college for the Fall 2009 term or any term thereafter, each course counted toward the unit requirement of this subdivision must be completed with a grade of C or better or a “P” if the course is taken on a “pass-no pass” basis.
(b) General Education Requirements.
(1) Students receiving an associate degree shall complete a minimum of 18 semester or 27 quarter units of general education coursework which includes a minimum of three semester or four quarter units in each of the areas specified in paragraphs (A), (B) and (C) and the same minimum in each part of paragraph (D). The remainder of the unit requirement is also to be selected from among these four divisions of learning or as determined by local option:
(A) Natural Sciences. Courses in the natural sciences are those which examine the physical universe, its life forms, and its natural phenomena. To satisfy the general education requirement in natural sciences, a course shall be designed to help the student develop an appreciation and understanding of the scientific method, and encourage an understanding of the relationships between science and other human activities. This category would include introductory or integrative courses in astronomy, biology, chemistry, general physical science, geology, meteorology, oceanography, physical geography, physical anthropology, physics and other scientific disciplines.
(B) Social and Behavioral Sciences. Courses in the social and behavioral sciences are those which focus on people as members of society. To satisfy the general education requirement in social and behavioral sciences, a course shall be designed to develop an awareness of the method of inquiry used by the social and behavioral sciences. It shall be designed to stimulate critical thinking about the ways people act and have acted in response to their societies and should promote appreciation of how societies and social subgroups operate. This category would include introductory or integrative survey courses in cultural anthropology, cultural geography, economics, history, political science, psychology, sociology and related disciplines.
(C) Humanities. Courses in the humanities are those which study the cultural activities and artistic expressions of human beings. To satisfy the general education requirement in the humanities, a course shall be designed to help the student develop an awareness of the ways in which people throughout the ages and in different cultures have responded to themselves and the world around them in artistic and cultural creation and help the student develop aesthetic understanding and an ability to make value judgments. Such courses could include introductory or integrative courses in the arts, foreign languages, literature, philosophy, and religion.
(D) Language and Rationality. Courses in language and rationality are those which develop for the student the principles and applications of language toward logical thought, clear and precise expression and critical evaluation of communication in whatever symbol system the student uses. Such courses include:
(i) English Composition. Courses fulfilling the written composition requirement shall be designed to include both expository and argumentative writing.
(ii) Communication and Analytical Thinking. Courses fulfilling the communication and analytical thinking requirement include oral communication, mathematics, logic, statistics, computer languages and programming, and related disciplines.
(2) Ethnic Studies will be offered in at least one of the areas required by subdivision (1).
(c) While a course might satisfy more than one general education requirement, it may not be counted more than once for these purposes. A course may be used to satisfy both a general education requirement and a major or area of emphasis requirement. Whether it may be counted again for a different degree requirement is a matter for each college to determine. Students may use the same course to meet a general education requirement for the associate degree and to partially satisfy a general education requirement at the California State University, if such course is accepted by that system to satisfy a general education requirement.
(d) For the purpose of this section, “satisfactorily completed” means either credit earned on a “pass-no pass” basis or a grade point average of 2.0 or better in community college credit courses in the curriculum upon which the degree is based.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
2. Amendment and redesignation of former subsection (b)(3) as subsection (b)(2) filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
§55064. Acceptance of Noncredit Courses.
Note • History
The governing board of each community college district shall establish procedures by which a student may petition to have completion of a noncredit course counted toward satisfaction of the requirements for an associate degree. The petition shall be granted if the instructor of the noncredit course certifies that the student has achieved competence in the subject matter at a level and with academic rigor equivalent to that required for a degree-applicable credit course.
This section shall become inoperative on July 1, 2009. After that date, a student may nevertheless seek to receive credit for knowledge or skills acquired through completion of a noncredit course in accord with section 55050.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66701, 70901 and 78405, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
2. Amendment filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
Article 7. Credit Certificates
Note • History
(a) Any sequence of courses consisting of 18 or more semester units or 27 or more quarter units of degree-applicable credit coursework shall constitute an educational program subject to approval by the Chancellor pursuant to section 55130. The college-awarded document confirming that a student has completed such a program shall be known as a certificate of achievement and may not be given any other designation. The award of a certificate of achievement is intended to represent more than an accumulation of units. Listing of the certificate of achievement on a student transcript symbolizes successful completion of patterns of learning experiences designed to develop certain capabilities that may be oriented to career or general education; provided however, that no sequence or grouping of courses may be approved as a certificate of achievement pursuant to this section if it consists solely of basic skills and/or ESL courses. For purposes of this subdivision, the term “general education” includes coursework taken to satisfy transfer patterns established by the University of California, the California State University, or accredited public postsecondary institutions in adjacent states which award the baccalaureate degree.
(b) Shorter credit programs leading to a certificate may be established without review and approval by the Chancellor after approval by the college curriculum committee and the district governing board. Such a certificate may be given any name or designation deemed appropriate by the district governing board, except that such a certificate may not be referred to as a certificate of achievement, a certificate of completion, or a certificate of competency, unless approved by the Chancellor pursuant to subdivision (c). Such a certificate may not be listed on a student's transcript, unless approved by the Chancellor pursuant to subdivision (c).
(c) A district may submit any sequence of courses consisting of 12 or more semester units or 18 or more quarter units of degree-applicable credit coursework to the Chancellor and request that it be approved as a program leading to a certificate of achievement. The Chancellor may approve such a program if he or she determines that it satisfies the requirements of subdivision (a) despite requiring fewer than 18 semester or 27 quarter units of degree-applicable credit coursework.
(d) Content and assessment standards for certificates shall be defined by the local curriculum committee and comply with the requirements of this chapter. Such standards should also ensure that certificate programs will be consistent with the mission of the college, meet a demonstrated need, be feasible, and adhere to guidelines on academic integrity which may be developed by the Chancellor, the Academic Senate for California Community Colleges or other appropriate statewide bodies.
(e) A description of each approved program shall be included in the college catalog.
(f) The Chancellor shall develop forms and procedures for submission of applications for approval of a program leading to a certificate of achievement.
(g) Provisions of this section regarding the naming or designation of certificates shall become effective for the Fall 2008 term.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New article 7 (sections 55070-55072) and section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
2. Amendment of subsection (a) filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
§55072. Award of Certificates.
Note • History
The governing board, or its designee, shall award the appropriate certificate to any student who has completed the prescribed curriculum leading to that certificate as approved pursuant to section 55070.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Article 8. Educational Master Plans
§55080. Adoption and Content of Plans.
Note • History
(a) The governing board of each community college district shall establish policies for, and approve, current and long range educational plans and programs for each community college which it maintains and for the district as a whole.
(b) Each plan shall be modified and brought up to date periodically as deemed necessary by the governing board.
(c) Each plan shall contain the educational objectives of the community college or district and the future plans for transfer programs, career technical programs, noncredit courses and programs, and remedial and developmental programs. On the basis of current and future enrollment, it shall contain plans for the development and expansion of ancillary services, including services in the library and for counseling, placement, and financial aid.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70902, Education Code.
HISTORY
1. New article 8 (section 55080) and section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Subchapter 2. Approval by the Chancellor
Article 1. Approval of Credit Educational Programs
Note • History
(a) The governing board of each community college district shall establish policies for, and may approve individual degree-applicable credit courses which are offered as part of an educational program approved by the Chancellor pursuant to section 55130. Such courses need not be separately approved by the Chancellor.
(b) Effective for courses to be offered beginning in Fall 2007, a community college district may, until December 31, 2012, approve and offer nondegree-applicable credit courses and degree-applicable credit courses which are not part of an approved educational program without separate approval by the Chancellor, provided that the district continuously complies with the following requirements:
(1) the college curriculum committee and district governing board have approved each such course pursuant to section 55002;
(2) the district submits a certification by September 30th of each year verifying that the persons who will serve on the curriculum committee and others who will be involved in the curriculum approval process at each college within the district for that academic year have received training consistent with guidelines prescribed by the Chancellor on the review and approval of courses not part of educational programs;
(3) no course which has previously been denied separate approval by the Chancellor or is part of a program that has been disapproved by the Chancellor may be offered pursuant to this subdivision unless the proposed course has been modified to adequately address the reasons for denial and has been subsequently reapproved by the college curriculum committee and district governing board;
(4) no group of courses approved pursuant to this subdivision which total 18 or more semester units or 27 or more quarter units in a single four-digit Taxonomy of Programs code may be linked to one another by means of prerequisites or corequisites;
(5) no student may be permitted to count 18 or more semester units or 27 or more quarter units of coursework approved pursuant to this subdivision toward satisfying the requirements for a certificate or other document evidencing completion of an educational program or towards a major or area of emphasis for completion of an associate degree; and
(6) the district promptly reports all courses approved pursuant to this subdivision to the Chancellor through the Chancellor's Office Management Information System.
(c) The Chancellor may, at any time, terminate the ability of a district to offer courses pursuant to subdivision (b) if he or she determines that a district has failed to comply with all of the conditions set forth in that subdivision. In that event, the district will become immediately subject to the requirements of subdivision (d).
(d) Effective January 1, 2013, or earlier if so required by subdivision (c), the governing board of each community college district shall separately submit for approval by the Chancellor all nondegree-applicable credit courses and individual degree-applicable credit courses which are not part of any approved educational program.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 78401, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 20).
3. Repealer of article 2 and section and new subchapter 2 (articles 1-5, sections 55100-55190), article 1 (sections 55100-55130) and section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55101. Chancellor's Report. [Repealed]
History
HISTORY
1. Amendment filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
2. Repealer filed 3-7-85; effective thirtieth day thereafter (Register 85, No. 10).
§55130. Approval of Credit Programs.
Note • History
(a) Before offering any credit course as part of an educational program at a college, the governing board of a district shall obtain approval of the educational program from the Chancellor in accordance with the provisions of this article. Approval shall be requested on forms provided by the Chancellor.
(b) The application for approval shall contain at least the following:
(1) The name of the proposed program.
(2) The description of the proposed program.
(3) a list of required courses to be included in the program.
(4) course outlines of records for all courses in the program.
(5) The purposes and specific objectives of the proposed program.
(6) The place of the proposed program in the district master plan.
(7) An explanation of how the program is appropriate to the objectives and conditions of higher education and community college education in California and how it conforms to statewide master planning.
(8) The need for the proposed program ascertained with regard to at least the following factors:
(A) Other community colleges in the area currently offering the program;
(B) Other programs closely related to the proposed program offered by the college;
(C) Relation of the proposed program to job market analysis, where applicable;
(D) Enrollment projection for the proposed program;
(E) Recommendations of career technical education regional consortia, when applicable; and
(F) The classification of the courses in the program in accordance with section 55001.
(9) The need for and present adequacy of the following resources shall be determined in relation to the proposed program:
(A) Library and media center resources;
(B) Facilities and equipment required to initiate and sustain the program. If a new facility is to be used, reference should be made to the five-year master plan.
(C) Availability of adequate or proposed financial support; and
(D) Availability of faculty.
(c) The development, establishment and evaluation of an education program shall include representative faculty involvement.
(d) An approval is effective until the program or implementation of the program is discontinued or modified in any substantial way. The Chancellor may evaluate an educational program, after its approval, on the basis of factors listed in this section. If on the basis of such an evaluation the Chancellor determines that an educational program should no longer be offered, the Chancellor may terminate the approval and determine the effective date of termination.
(e) In multicollege districts, program approval is granted for a specific college.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 20).
3. Repealer and new section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Article 2. Approval of Noncredit Courses and Programs
§55150. Approval of Noncredit Courses and Programs.
Note • History
(a) All noncredit courses shall be approved by the Chancellor in accordance with this article on forms provided by the Chancellor. Failure to comply with the provisions of this article may result in termination of approval.
(b) Course outlines of record for all noncredit courses prepared in accordance with subdivision (c) of section 55002 shall be on file in the community college offering the course.
(c) Authorities of each community college maintaining noncredit courses shall keep such current records and reports as may be required by the Chancellor.
(d) The following noncredit educational programs shall be approved by the Chancellor:
(1) Noncredit educational programs that qualify for enhanced funding;
(2) Adult high school diploma programs as specified in section 55154; and
(3) Those noncredit educational programs that are otherwise required by law to be approved by the Chancellor.
(e) Noncredit educational programs requiring approval of the Chancellor shall be approved by the Chancellor in accordance with this article and on forms provided by the Chancellor.
Approval of a noncredit educational program is effective until either:
(1) The noncredit educational program or implementation of the noncredit educational program is discontinued or modified in any substantial way; or
(2) The Chancellor evaluates the noncredit educational program after its approval on the basis of factors listed in sections 55151 or 55154, as applicable. If the Chancellor determines that the noncredit educational program should no longer be offered based on the evaluation, the Chancellor may terminate the approval and determine the effective date of termination.
NOTE
Authority cited: Sections 66700, 70901, 78401 and 84760.5, Education Code. Reference: Sections 70901, 70902, 78401, 84750.5 and 84760.5, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 20).
3. New article 2.2 heading, amendment of subsection (a), new subsection (d) and amendment of Note filed 1-17-2007; operative 1-17-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 8).
4. Repealer of article 2.2 and section and new article 2 (sections 55100-55155) and section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
5. Amendment filed 12-14-2011; operative 1-13-2011. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2011, No. 51).
§55151. Career Development and College Preparation.
Note • History
A noncredit course involving career development or college preparation will be eligible for enhanced funding pursuant to Education Code sections 84750.5 and 84760.5 if it satisfies the requirements set forth in subdivisions (a), (b) and (c) below.
(a) The course is approved by the college curriculum committee and the district governing board pursuant to subdivision (c) of section 55002 and by the Chancellor's Office pursuant to section 55150 and is part of either:
(1) A short-term vocational program which the Chancellor, in consultation with the Employment Development Department, has determined to have high employment potential. In making this determination, the Chancellor shall utilize job demand data provided by the Employment Development Department. If current job demand data in the relevant field is not available from the Employment Development Department, the Chancellor and the Employment Development Department may rely upon other data submitted by the college.
(2) A noncredit educational program involving:
(A) Courses in elementary and secondary basic skills;
(B) Workforce preparation courses in the basic skills of speaking, listening, reading, writing, mathematics, decision-making, and problem solving skills that are necessary to participate in job-specific technical training; or
(C) Courses in English as a second language and vocational English as a second language.
(b) The noncredit educational program is designed to result in either:
(1) A noncredit certificate of completion leading to improved employability or job opportunities; or
(2) A noncredit certificate of competency in a recognized career field that prepares students to take nondegree-applicable credit course work, including basic skills and English as a second language; or to take degree-applicable credit coursework leading to one or more of the following:
(A) completion of a credit certificate;
(B) an associate in arts degree; or
(C) transfer to a baccalaureate institution.
(c) The noncredit educational program in which enhanced funding is sought must be submitted to and approved by the Chancellor. Applications for approval shall include an explanation of how the educational program is designed to lead students to one of the outcomes described in subdivision (b) and all of the following:
(1) a list of required courses to be included in the educational program;
(2) the minimum number of hours required for completion of the educational program;
(3) course outlines of record for all courses in the educational program;
(4) the catalog description of the educational program; and
(5) for short-term vocational programs, an analysis of labor market need or job availability.
(d) The Chancellor shall develop forms and procedures for submission of applications for approval.
(e) If the Chancellor approves a short-term vocational program pursuant to this section, the program may not be subsequently modified by the inclusion of additional courses unless the course or courses to be added are of one of the types listed in subdivision (a) and have themselves been individually approved by the Chancellor pursuant to section 55150.
(f) Under no circumstances may a district separate an existing noncredit course which provides less than one hundred and ten (110) hours of instruction into two or more courses for the purpose of forming a noncredit educational program to satisfy the requirements of this section.
(g) Nothing in this section shall be construed to prevent a particular student from taking additional degree-applicable coursework, pursuing an associate degree, or pursuing transfer to a baccalaureate institution in addition to or instead of seeking immediate employment.
(h) For purposes of this article, the term “certificate of completion” means a document confirming that a student has completed a noncredit educational program of noncredit courses that prepares him or her to progress in a career path or to undertake degree-applicable or nondegree-applicable credit courses. The document must include the name of the certificate and the date awarded, be identified by a Taxonomy of Programs (T.O.P.) Code number and program discipline, identify the goal of the program, and list the courses completed by the student.
(i) For purposes of this article, the term “certificate of competency” means a document confirming that a student enrolled in a noncredit educational program of noncredit courses has demonstrated achievement of a set of competencies that prepares him or her to progress in a career path or to undertake degree-applicable or nondegree-applicable credit courses. The document must include the name of the certificate and the date awarded, be identified by a T.O.P. Code number and program discipline, and list the relevant competencies achieved by the student.
(j) Content and assessment standards for certificates shall be defined by the local curriculum committee. The curriculum committee shall review noncredit educational programs leading to a certificate using the same standards as applied to credit educational programs leading to a certificate as set forth in section 55070, with respect to academic integrity, consistency with college mission, meeting a demonstrated need and program feasibility.
(k) Each noncredit educational program shall be approved by the governing board of the district.
(l) Certificates for noncredit educational programs may be awarded on behalf of the governing board of the district by any appropriate district official or by a particular department or division pursuant to a delegation of authority from the governing board to students who have earned them.
NOTE
Authority cited: Sections 66700, 70901, 78401, 84750.5 and 84760.5, Education Code. Reference: Sections 70901, 70902, 78401, 84750.5 and 84760.5, Education Code.
HISTORY
1. New section filed 1-17-2007; operative 1-17-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 8).
2. Editorial correction of subsection (c) (Register 2007, No. 25).
3. Repealer and new section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
4. Repealer of subsection (m) filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
5. Amendment of section and Note filed 12-14-2011; operative 1-13-2012. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2011, No. 51).
§55151.5. Additional Requirements. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901, 78401 and 84760.5, Education Code. Reference: Sections 70901, 70902, 78401, 84750.5 and 84760.5, Education Code.
HISTORY
1. New section filed 1-17-2007; operative 1-17-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 8).
2. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55151.7. Duration of Article. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901, 78401 and 84760.5, Education Code. Reference: Sections 70901, 70902, 78401, 84750.5 and 84760.5, Education Code.
HISTORY
1. New section filed 4-27-2007; operative 5-27-2007. Submitted to OAL for printing only (Register 2007, No. 25).
2. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55152. Short-Term Vocational Programs Providing 288 Hours or More of Instruction. [Repealed]
Note • History
NOTE
Authority cited: sections 66700, 70901, 78401 and 84760.5, Education Code. Reference: Sections 70901, 70902, 78401, 84750.5 and 84760.5, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
2. Repealer filed 12-14-2011; operative 1-13-2011. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2011, No. 51).
§55153. Other Noncredit Programs Providing 288 Hours or More of Instruction. [Repealed]
Note • History
NOTE
Authority cited: sections 66700, 70901, 78401 and 84760.5, Education Code. Reference: Sections 70901, 70902, 78401, 84750.5 and 84760.5, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
2. Amendment filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
3. Repealer filed 12-14-2011; operative 1-13-2011. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2011, No. 51).
§55154. Adult High School Diploma Programs.
Note • History
(a) Before offering any noncredit course as part of a high school diploma program on or after June 30, 2009, the governing board of a community college district shall obtain approval of its high school diploma program as provided in section 55150.
(b) For purposes of this section, the term “high school diploma program” means an organized sequence of noncredit courses designed to meet the needs of adult learners which leads to a high school diploma which is awarded by the community college district or jointly by the district and a high school.
(c) The application for approval shall include all of the following:
(1) A statement that both the local curriculum committee(s) and the district governing board have reviewed and approved the high school diploma program.
(2) Information demonstrating that there exists demand for the college to offer a high school diploma program for adult learners in the area.
(3) Coursework requirements and content standards that meet or exceed those described in subdivision (e).
(4) Comprehensive descriptions of program organization, instructional support services, student services, facilities and ongoing staffing efforts to demonstrate that the district has the resources to maintain the high school diploma program.
(5) A copy of the proposed catalog description.
(6) Requirements or conditions by which a student can obtain high school credit by examination or by successfully completing college degree-applicable or nondegree-applicable credit course work and any alternative means for students to complete the prescribed course of study.
(7) A description of the student assessment procedures for academic placement in the program and a description of how the district will evaluate student progress.
(d)(1) The governing board of a community college district shall confer a high school diploma upon a student who has satisfactorily completed at least 160 credits of high school level coursework and who has demonstrated competence in reading, writing, and mathematics at a level generally accepted as appropriate for award of a high school diploma. The required 160 credits of high school level course work must be fulfilled in a core curriculum consisting of courses in the categories described in paragraph (2) and accepted toward the diploma by a college within the district (as shown in its catalog). A college may accept toward satisfaction of this requirement courses that were completed at an accredited high school or college that would reasonably be expected to meet or exceed the standards of this section, provided that at least 20 of the total 160 required high school credits must be completed in residence at the college granting the diploma.
(2) The curriculum must include the indicated minimum number of high school credits in each of the areas listed below. Each course shall be of a duration sufficient to permit a student to master the content of the course as specified in the content standards described in paragraph (3).
(A) Natural Sciences. A minimum of 20 high school credits shall be required in natural sciences, including biological and physical sciences. Courses in the natural sciences are those which examine the physical universe, its life forms, and its natural phenomena. To satisfy the core curriculum requirement in natural sciences, a course shall be designed to help the student develop an appreciation and understanding of the scientific method, and encourage an understanding of the relationships between science and other human activities. This category may include introductory or integrative courses in astronomy, biology, chemistry, general physical science, geology, meteorology, oceanography, physical geography, physical anthropology, physics and other scientific disciplines.
(B) Social and Behavioral Sciences. A minimum of 30 high school credits shall be required in social and behavioral sciences. Courses in the social and behavioral sciences are those which focus on people as members of society. To satisfy the core curriculum requirement in social and behavioral sciences, a course shall be designed to develop an awareness of the method of inquiry used by the social and behavioral sciences. It shall be designed to stimulate critical thinking about the ways people act and have acted in response to their societies and should promote appreciation of how societies and social subgroups operate. Each student shall be required to complete coursework that addresses United States history and geography; world history, geography, and culture; American government and civics; and economics. This category may also include introductory or integrative survey courses in cultural anthropology, cultural geography, political science, psychology, sociology and related disciplines, as well as additional courses in economics, American government, United States history, and world history.
(C) Humanities. A minimum of 10 high school credits shall be required in humanities. Courses in the humanities are those which study the cultural activities and artistic expressions of human beings. To satisfy the core curriculum requirement in the humanities, a course shall be designed to help the student develop an awareness of the ways in which people throughout the ages and in different cultures have responded to themselves and the world around them in artistic and cultural creation and help the student develop aesthetic understanding and an ability to make value judgments. Each student shall be required to complete one course in visual or performing arts or foreign language. This category may also include introductory or integrative courses in literature, philosophy, and religion, as well as additional courses in the arts, and foreign languages. For the purposes of satisfying the requirement specified in this paragraph, a course in American Sign Language shall be deemed a course in foreign language.
(D) English. A minimum of 30 high school credits shall be required in English. Courses in English are those which develop the principles and applications of language toward logical thought, clear and precise expression and critical evaluation. To satisfy the core curriculum requirement in English, a course shall be designed to develop reading, writing, and verbal expression skills as applicable to the needs and interests of an adult. Such courses may include introductory or integrative courses in literature and English grammar, writing strategies, and mechanics.
(E) Mathematics. A minimum of 20 high school credits shall be required in mathematics. Courses in mathematics develop the ability to reason with and apply mathematical operations and principles. To satisfy the core curriculum requirement in mathematics, a course shall be designed to help a student gain facility in the operations of mathematics as well as its practical applications. Such courses may include algebra, geometry, applied mathematics, and calculus.
(3) Course content standards for the coursework described in subdivision (2) must meet or exceed the standards for the high school curriculum established by the California State Board of Education.
(e) Notwithstanding the requirements of this section, any student enrolled in a high school diploma program prior to June 30, 2009, may receive a high school diploma based on completion of the curriculum required for the program as set forth in the college catalog in effect at the time the student first enrolled in the program; provided the student remains continuously enrolled without a break of more than one primary term subsequent to the Spring 2009 term.
(f) In order for a high school diploma program to qualify for enhanced noncredit funding pursuant to Education Code sections 84750.5 and 84760.5, the application for approval must satisfy the requirements of section 55151.
(g) For the purposes of this section, a noncredit course awarding 10 high school credits must be designed to require a minimum of 144 hours of lecture, study or laboratory work.
NOTE
Authority cited: Sections 66700, 70901, 78401, 84750.5 and 84760.5, Education Code. Reference: Sections 70901, 70902, 78401, 84750.5 and 84760.5, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
2. Amendment filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
3. Repealer of subsection (d), subsection relettering and amendment of Note filed 12-14-2011; operative 1-13-2011. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2011, No. 51).
§55155. Noncredit Certificates.
Note • History
(a) Any noncredit educational program leading to a certificate must be approved by the college curriculum committee and the district governing board.
(b) All noncredit educational programs leading to a noncredit certificate of completion or certificate of competency must be approved by the Chancellor pursuant to section 55151.
(c) If a district does not seek enhanced funding for a noncredit educational program, or it does not qualify for enhanced funding pursuant to section 55151, a noncredit educational program leading to a certificate may be established by the district without approval by the Chancellor except as required in section 55154. A district may award a certificate to a student completing a noncredit educational program, but may not designate or refer to it as a certificate of completion or a certificate of competency in a recognized career field pursuant to section 55151.
(d) A certificate awarded to a student completing a noncredit educational program may not be referred to as a certificate of achievement regardless of its length or whether it has been approved by the Chancellor.
(e) A description of each approved noncredit educational program shall be included in the college catalog.
(f) Provisions of this section regarding the naming or designation of certificates shall become effective for the Fall 2008 term.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
2. Amendment filed 12-14-2011; operative 1-13-2011. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2011, No. 51).
Article 3. Approval of Other Courses
§55160. Approval of Community Service Offerings.
Note • History
(a) Districts are authorized in accordance with the provisions of article 7 (commencing with section 78300) of chapter 2, part 48, division 7, of title 3 of the Education Code to approve and provide community service offerings pursuant to subdivision (d) section 55002. The approval of the Chancellor is not required for community service offerings.
(b) Community service offerings shall not be referred to as noncredit courses.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 78300, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 20).
3. Change without regulatory effect amending subsection (a) and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
4. Repealer of section and new article 3 (sections 55160-55170) and section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Note • History
(a) Any course approved pursuant to section 55002 may be offered by a college through contract education pursuant to Education Code section 78021. Approval of such a contract course may be required by other state agencies, but approval by the Chancellor is not required unless the course is part of a credit educational program subject to approval pursuant to section 55130 or is a noncredit course subject to approval pursuant to article 2 of this subchapter.
(b) The approval of the Chancellor is not required for any contract except for vocational education contracts pursuant to subchapter 7.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 8092, 70902 and Article 1.5 (commencing with Section 78020) of Chapter 1, Part 48, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 20).
3. Repealer and new section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Article 4. Approval of Colleges and Educational Centers
Note • History
(a) College. As used in this division, “college” means a degree-granting institution intended to provide instruction through the second year of college, including but not limited, to one or more of the following categories:
(1) standard collegiate courses for transfer to institutions of higher education;
(2) career technical fields leading to employment; or
(3) general or liberal arts courses required for the institution to maintain its accreditation.
(b) Educational Center. As used in this division, “educational center” means a postsecondary operation established and administered by an existing college or district at a location away from the campus of the parent institution which satisfies the requirements of either subdivision (1) or (2) below:
(1) the center:
(A) is planned to continue for ten or more years;
(B) generates at least 500 full-time equivalent student (FTES) annually.
(C) has an on-site administrator;
(D) offers programs leading to certificates and/or degrees conferred by the parent institution; and
(E) has been approved by the Board of Governors pursuant to this article.
(2) the center was identified by the Chancellor's Office as of the 2006-07 fiscal year as a “grandparented center” which:
(A) operated prior to April 1974 and was recognized as an approved grandfathered center by the California Postsecondary Education Commission (CPEC) in its December 10, 1984, report to the Legislature;
(B) served at least 100 full-time equivalent student (FTES) as reported on the final attendance report for fiscal year 2005-06 or had an average annual FTES for the three prior fiscal years (2003-04 to 2005-06) of at least 100 FTES;
(C) operated continuously since 1974;
(D) was owned or controlled by the district through a lease agreement; and
(E) provided an appropriate level of administrative and student services, relative to its size, at the center.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 66700, Education Code.
HISTORY
1. New article 4 (sections 55180-55184) and section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35). For prior history, see Register 91, No. 23.
2. Amendment filed 6-13-2008; operative 7-13-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 25).
Note • History
(a) The Chancellor shall maintain an inventory of all off campus programs and facilities in the community colleges. This inventory shall be updated annually, and shall be distributed to each community college district and the California Postsecondary Education Commission for use in planning activities.
(b) The Chancellor shall develop procedures to identify and review plans for new colleges and new educational centers within the district's Five-Year Academic and Capital Outlay Master Plans.
(c) Community college districts shall develop procedures to identify and review plans for new colleges and new educational centers as defined in this article. These proposals shall contain at least the following elements:
(1) Assessment of Needs and Preferences (section 55182),
(2) Identification of Objectives (section 55183), and
(3) Analysis of Alternative Delivery Systems (section 55184).
(d) The Chancellor shall review each proposed new college and new educational center and shall recommend approval or disapproval to the Board of Governors. The Chancellor's analysis of these proposals shall stress inter-district concerns and evaluation of the delivery system proposed.
(e) The Chancellor shall notify the community college district initiating the proposal and the California Postsecondary Education Commission of the findings and actions of the Board of Governors on the proposal.
NOTE
Authority cited: Section 66700, 70901 and 81805, Education Code. Reference: Section 66700, 81805, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55182. Assessment of Needs and Preferences.
Note • History
Applications for approval of new colleges or centers shall do all of the following:
(a) describe the community area and characteristics of individuals to be served;
(b) provide projections of potential enrollment demand in the service area which demonstrate significant unmet need, taking into account plans of nearby secondary and postsecondary institutions;
(c) demonstrate significant community support and identify possible community opposition;
(d) identify preferences for community college programs and services on the part of individuals in the service area;
(e) insofar as possible, identify present and future labor market requirements for the proposed service area, a broader adjacent region, and the state; and
(f) if possible, reconcile projected labor market requirements and community program preferences.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66700 and 81810, Education Code.
HISTORY
1. New section filed 12-28-83; effective upon filing pursuant to Government Code section 11346.2(d) (Register 83, No. 53).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 20).
4. Repealer and new section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55183. Identification of Objectives.
Note • History
(a) Proposed college or educational center programs and services must be directed to the identified educational needs and preferences of the community to be served.
(b) Objectives of the proposed programs and services must be sufficiently specific that the district board may evaluate the success with which needs and preferences are met.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66700 and 81810, Education Code.
HISTORY
1. New section filed 7-14-2006 by Board of Governors of California Community Colleges with the Secretary of State; operative 7-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 2006, No. 30).
2. Repealer and new section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55184. Analysis of Alternative Delivery Systems.
Note • History
(a) The proposed operation must be the most effective and equitable of feasible delivery system alternatives for providing intended programs and services.
(b) Criteria for selecting the proposed delivery system must include:
(1) accessibility of programs and services to individuals in the service area,
(2) content and quality of programs and services, and
(3) cost of programs and services.
(c) Depending on the delivery system proposed, alternatives for providing the proposed programs and services must include, but need not be limited to:
(1) increased utilization of existing district resources,
(2) forming a new college, educational center, and/or outreach locations, and
(3) use of media such as television, computer-assisted instruction or programmed learning packages. Alternative delivery systems considered must be adequately described, generally mutually exclusive, and limited to a manageable number to facilitate analysis and review.
(d) Proposed sources of funding for needed resources must be identified for both short and long-term operations.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66700 and 81810, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55185. Additional Criteria for Approval of Educational Centers.
Note • History
(a) In addition to satisfying the other requirements of this article, in order for a proposed center to be considered for state approval as an educational center after May 1, 2008, the needs assessment required by section 55182 must demonstrate that the proposed educational center meets at least one of the following criteria or those specified in subdivision (b):
(1) The proposed educational center will generate at least 500 full-time equivalent student (FTES) in the first full academic year of operation to be used for eligibility to become an educational center by replacing locations other than the main campus of an existing college that have generated at least 500 FTES as reported on the district's most recent final attendance reports.
(2) In service areas of proposed educational centers where locations other than an existing college are constrained by site limitations from providing the full range of instruction proposed for the educational center, as determined by standards set by the Chancellor, the proposed educational center must be able to generate at least 500 FTES in the first full academic year of operation that is used for eligibility to become an educational center based on both of the following:
(A) the total number of FTES currently reported for courses offered at locations other than the main campus of an existing college which reported FTES on the district's most recent final attendance report and are to be replaced by the proposed educational center; and
(B) the number of FTES the proposed educational center is projected to generate, based on a thorough analysis of current attendance practices, as a result of students residing in the proposed service area who currently attend courses offered at locations outside the proposed service area and would be expected to attend courses offered at the proposed educational center.
(b) If the service area of a proposed educational center has an exceptionally high rate of population growth, as determined by standards set by the Chancellor, the district may obtain conditional approval of the educational center by demonstrating that, by no later than the third consecutive full academic year of operation that is used for eligibility to become an educational center, the proposed center will be able to generate at least 500 FTES in a year. This conclusion must be based on a thorough analysis, which includes but is not limited to, a review of the facility development schedule, population trends and projected demand for the educational programs to be included in the proposed educational center. Once the district demonstrates that the educational center has generated at least 500 FTES as reported on the district's most recent final attendance report, then full state approval for the educational center may be granted.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 66700, Education Code.
HISTORY
1. New section filed 6-13-2008; operative 7-13-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 25).
Article 5. Approval of Educational Master Plans
§55190. Review and Approval by Chancellor.
Note • History
(a) Upon request by the Chancellor, a community college district shall submit to the Chancellor a copy of its current educational master plan as adopted pursuant to section 55080.
(b) the Chancellor shall review each master plan as he or she considers appropriate. The Chancellor shall approve the plan and so notify the district or send a statement of deficiencies to the chief executive officer of the district.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New article 5 (section 55190) and section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Subchapter 3. Alternative Instructional Methodologies
Article 1. Distance Education
§55200. Definition and Application.
Note • History
Distance education means instruction in which the instructor and student are separated by distance and interact through the assistance of communication technology. All distance education is subject to the general requirements of this chapter as well as the specific requirements of this article. In addition, instruction provided as distance education is subject to the requirements that may be imposed by the Americans with Disabilities Act (42 U.S.C. §12100 et seq.) and section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794d).
NOTE
Authority cited: Section 66700 and 70901, Education Code: References: Sections 70901 and 70902, Education Code; title 29 United States Code section 794d, and title 42 United States Code section 12100 et seq.
HISTORY
1. New article 2.5 and section filed 10-5-93; operative 11-4-93. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 93, No. 42).
2. Editorial correction of Article heading (Register 95, No. 20).
3. Repealer of article 2.2 and section, relocation and amendment of subchapter 3 from preceding section 55250 to precede section 55200 and new article 1 (sections 55200-55210) and section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55201. Policies for Prerequisites, Corequisites, and Advisories on Recommended Preparation. [Repealed]
Note • History
NOTE
Authority cited: Section 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 10-5-93; operative 11-4-93. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 93, No. 42).
2. Amendment of subsection (e), new subsections (e)(1)-(e)(2)(B) and amendment of Note filed 2-9-98; operative 3-11-98. Submitted to OAL for printing only (Register 98, No. 7).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55202. Course Quality Standards.
Note • History
The same standards of course quality shall be applied to any portion of a course conducted through distance education as are applied to traditional classroom courses, in regard to the course quality judgment made pursuant to the requirements of section 55002, and in regard to any local course quality determination or review process. Determinations and judgments about the quality of distance education under the course quality standards shall be made with the full involvement of faculty in accordance with the provisions of subchapter 2 (commencing with section 53200) of chapter 2.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 10-5-93; operative 11-4-93. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 93, No. 42).
2. Repealer and new section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Note • History
In addition to the requirements of section 55002 and any locally established requirements applicable to all courses, district governing boards shall ensure that:
(a) Any portion of a course conducted through distance education includes regular effective contact between instructor and students, through group or individual meetings, orientation and review sessions, supplemental seminar or study sessions, field trips, library workshops, telephone contact, correspondence, voice mail, e-mail, or other activities. Regular effective contact is an academic and professional matter pursuant to sections 53200 et seq.
(b) Any portion of a course provided through distance education is conducted consistent with guidelines issued by the Chancellor pursuant to section 409 of the Procedures and Standing Orders of the Board of Governors.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Article 3. Distance Education
§55205. Definition and Application. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New article 3 (sections 55205-55219) and section filed 5-20-2002; operative 6-19-2002. Submitted to OAL for printing only (Register 2002, No. 26). For prior history of article 3 (section 55225), see Register 95, No. 20.
2. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55206. Separate Course Approval.
Note • History
If any portion of the instruction in a proposed or existing course or course section is designed to be provided through distance education in lieu of face-to-face interaction between instructor and student, the course shall be separately reviewed and approved according to the district's adopted course approval procedures.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55207. Course Quality Standards. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New section filed 5-20-2002; operative 6-19-2002. Submitted to OAL for printing only (Register 2002, No. 26).
2. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55208. Faculty Selection and Workload.
Note • History
(a) Instructors of course sections delivered via distance education technology shall be selected by the same procedures used to determine all instructional assignments. Instructors shall possess the minimum qualifications for the discipline into which the course's subject matter most appropriately falls, in accordance with article 2 (commencing with section 53410) of subchapter 4 of chapter 4, and with the list of discipline definitions and requirements adopted by the Board of Governors to implement that article, as such list may be amended from time to time.
(b) The number of students assigned to any one course section offered by distance education shall be determined by and be consistent with other district procedures related to faculty assignment. Procedures for determining the number of students assigned to a course section offered in whole or in part by distance education may include a review by the curriculum committee established pursuant to section 55002(a)(1).
(c) Nothing in this section shall be construed to impinge upon or detract from any negotiations or negotiated agreements between exclusive representatives and district governing boards.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55209. Course Quality Determinations. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New section filed 5-20-2002; operative 6-19-2002. Submitted to OAL for printing only (Register 2002, No. 26).
2. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55210. Ongoing Responsibility of Districts.
Note • History
If a district offers one or more courses or course sections in which instruction is provided through distance education for at least 51 percent of the hours of instruction in the course or course section, the district shall:
(a) maintain records and report data through the Chancellor's Office Management Information System on the number of students and faculty participating in new courses or sections of established courses offered through distance education ;
(b) provide to the local governing board, no later than August 31st of each year, a report on all distance education activity;
(c) provide other information consistent with reporting guidelines developed by the Chancellor pursuant to section 409 of the Procedures and Standing Orders of the Board of Governors.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55211. Instructor Contact. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New section filed 5-20-2002; operative 6-19-2002. Submitted to OAL for printing only (Register 2002, No. 26).
2. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55213. Separate Course Approval. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New section filed 5-20-2002; operative 6-19-2002. Submitted to OAL for printing only (Register 2002, No. 26).
2. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55215. Faculty Selection. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New section filed 5-20-2002; operative 6-19-2002. Submitted to OAL for printing only (Register 2002, No. 26).
2. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55217. Number of Students. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New section filed 5-20-2002; operative 6-19-2002. Submitted to OAL for printing only (Register 2002, No. 26).
2. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55219. Ongoing Responsibility of Districts. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New section filed 5-20-2002; operative 6-19-2002. Submitted to OAL for printing only (Register 2002, No. 26).
2. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Article 2. Excursions and Field Trips
§55220. Excursions and Field Trips.
Note • History
(a) The governing board of a community college district may:
(1) Conduct field trips or excursions in connection with courses of instruction or instructionally-related social, educational, cultural, athletic, or band activities to and from places in the state, or any other state, the District of Columbia, or a foreign country for students enrolled in a college. A field trip or excursion to and from a foreign country may be permitted to familiarize students with the language, history, geography, natural sciences, and other studies relative to the district's course of study for the students.
(2) Engage instructors, supervisors, and other personnel who desire to contribute their services over and above the normal period for which they are employed by the district, if necessary, and provide equipment and supplies for the field trip or excursion.
(3) Transport students, instructors, supervisors or other personnel to and from places in the state, any other state, the District of Columbia, or a foreign country where the excursion or field trip is being conducted. Transportation may be provided by use of district equipment, by contracting with a transportation provider, or by arranging transportation by the use of other equipment. When district equipment is used, the governing board shall secure liability insurance, and if travel is to and from a foreign country, the liability insurance shall be secured from a carrier licensed to transact insurance business in the foreign country.
(4) Provide supervision of students involved in field trips or excursions by academic employees of the district.
(b) No student shall be prevented from taking a field trip or excursion which is integral to the completion of a course because of lack of sufficient funds. To this end the governing board shall coordinate efforts of community service groups to supply funds for students in need of them.
(c) No group shall be permitted to take a field trip or excursion which is integral to the completion of a course if any student who is a member of such an identifiable group will be excluded from participation in the field trip or excursion because of lack of sufficient funds. Nothing in this subdivision or subdivision (b) shall be construed to prevent a district from offering a study abroad course or program because a particular student or group of students is unable to participate in the course or program due to lack of funds.
(d) Expenses of students participating in a field trip or excursion authorized by this section may not be paid with public funds, except where:
(1) the expenditure is authorized pursuant to subdivision (a); or
(2) funds from a state or federal grant or categorical program are used consistent with the statutory, regulatory or contractual conditions applicable to the expenditure of such funds.
(e) For purposes of subdivision (d), funds of an auxiliary organization duly established pursuant to education Code section 72670 et seq. shall not be considered to be public funds.
(f) Expenses of instructors, chaperons, and other personnel participating in a field trip or excursion authorized by this section may be paid from district funds, and the district may pay from district funds all incidental expenses for the use of district equipment during a field trip or excursion authorized by this section.
(g) The attendance or participation of a student in a field trip or excursion authorized by this section may be claimed for apportionment to the extent that the field trip or excursion is part of a course. However, attendance claimed for apportionment as a result of a field trip or excursion shall be limited to the amount of attendance that would have accrued had the students not been engaged in the field trip or excursion. No more contact hours shall be generated by a field trip or excursion than if the class were held on campus.
(h) All persons making the field trip or excursion shall be deemed to have waived all claims against the district or the State of California for injury, accident, illness, or death occurring during or by reason of the field trip or excursion. All adults taking out-of-state field trips or excursions and all parents or guardians of minor students taking out-of-state field trips or excursions shall sign a statement waiving such claims.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New article 2 (sections 55220-55222) and section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55222. Provision of Medical or Hospital Service for Students.
Note • History
The governing board of any community college district conducting excursions or field trips pursuant to these regulations shall provide, or make available, medical or hospital service, or both, through nonprofit membership corporations defraying the cost of medical service or hospital service, or both, or through group, blanket or individual policies of accident insurance from an authorized insurer, for students of the district injured while participating in the excursions and field trips under the jurisdiction of, or sponsored or controlled by, the district or the authorities of any college of the district. The cost of the insurance or membership may be paid from the funds of the district, or by the insured student, or his or her parent or guardian.
The insurance may be purchased from, or the membership may be taken in, only companies or corporations that are authorized to do business in this state.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Subchapter 2. Programs and Classes Outside of District
NOTE
Authority cited: Section 72012, Education Code.
HISTORY
1. Repealer of chapter 2 (sections 55200-55204) filed 12-21-81; effective thirtieth day thereafter (Register 81, No. 52). For prior history, see Register 77, No. 45.
2. Amendment of subchapter 2 heading filed 5-15-93; operative 6-14-93 (Register 93, No. 25).
Article 3. Independent Study
Note • History
The provisions of this article should be read in conjunction with the provisions of sections 58051 and 58003.1 concerning attendance in approved courses and programs designed and conducted as independent study.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 20).
3. Repealer of subchapter 2 and section and new article 3 (sections 55230-55240) and section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35). For prior history of subchapter 2, see Register 93, No. 25.
§55231. Establishment of Courses Outside of District. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 20).
3. Amendment of section heading and section filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
4. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Note • History
Academic standards applicable to courses of independent study shall be the same as those applied to other credit or noncredit courses, as appropriate, at the college.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 20).
3. Repealer and new section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55233. Contract with Federal Government to Provide Classes and Courses for Servicemen. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 20).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Note • History
Procedures for evaluation of student progress shall be in accordance with regulations established by the college. A report by an instructor on appropriate records bearing the student's name for purposes of state apportionment shall certify that adequate and proper progress toward accomplishment of the course objectives is being maintained by the student.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 20).
3. Repealer and new section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55235. Classes for Convalescents in a Hospital Maintained by a County or City in Another County. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 20).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55236. Availability of Instructor.
Note • History
The college shall provide access to the instructor for the students enrolled in courses offered pursuant to this article at least equivalent to that commonly available to students enrolled in courses conducted by other instructional methods in addition to regularly scheduled office hours as practiced at that college.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 20).
3. Repealer and new section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55238. Eligibility for State Funds.
Note • History
In order for attendance in a course of independent study to be eligible for state apportionment pursuant to the provisions of this article, the course must be reported as required by this article, and meet all other requirements of statute and regulation relative to eligibility for state apportionment.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 78310, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Note • History
The instructor assigned to a course conducted pursuant to this article shall:
(a) Be qualified to provide service in that capacity during the period in which that service is rendered;
(b) Be responsible for the supervision, control, and evaluation of the course and the enrolled students;
(c) Provide orientation, guidance, and information regarding course content materials and services for each student as soon as possible subsequent to the student's official enrollment by the college; and
(d) Provide each student with the instructor's consultation schedule for the semester, quarter, or other prescribed term of the course. This schedule is to be included in the written record of student progress required by section 55234.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 20).
3. Repealer and new section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55241. Use of Federal Facilities. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 20).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55242. Maintenance of College Outside District. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 20).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55243. Classes Conducted at Airport or County Jail. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 20).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55245. Public School or Nonprofit Organization Facilities. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 20).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Subchapter 3. Cooperative Work Experience Education
Article 4. Cooperative Work Experience Education
§55250. Approved Plan Required.
Note • History
Any program of Cooperative Work Experience Education conducted by the governing board of a community college district pursuant to this article and claimed for apportionment pursuant to sections 58051 and 58009.5 shall conform to a plan adopted by the district. The plan adopted by the district shall set forth a systematic design of Cooperative Work Experience Education whereby students, while enrolled in college, will gain realistic learning experiences through work. This plan shall be submitted to and approved by the Chancellor.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 78249, Education Code.
HISTORY
1. Amendment filed 4-26-74; effective thirtieth day thereafter (Register 74, No. 17).
2. Amendment of section and NOTE filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
3. Amendment filed 9-29-78; designated effective 1-2-79 (Register 78, No. 39).
4. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
5. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
6. Editorial correction of History 5 (Register 95, No. 20).
7. Relocation of subchapter 3 heading from preceding section 55250 to precede section 55200, new article 4 heading and amendment of section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55250.2. Laws or Rules Applicable to Minor Students in Work Experience.
Note • History
All laws or rules applicable to minors in employment relationships are applicable to minor students enrolled in work-experience education courses.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 78249, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 20).
3. Amendment of section heading, section and Note filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55250.3. “Work Experience Education.”
Note • History
Work-experience education authorized by this article includes the employment of students in part-time jobs selected and approved as having educational value for the students employed therein and coordinated by college employees.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 78249, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 20).
3. Amendment of section and Note filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55250.4. Funds for Work Experience Programs for Students with Developmental Disabilities.
Note • History
The governing board of any community college district which establishes and supervises a workexperience education program in which students with developmental disabilities are employed in part-time jobs may use funds derived from any source, to the extent permissible by appropriate law or regulation, to pay the wages of students so employed.
The Board of Governors hereby finds and declares that the authority granted by the provisions of this section is necessary to ensure that the workexperience education program will continue to provide a maximum educational benefit to students, particularly students with developmental disabilities, and that such program is deemed to serve a public purpose.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 78249, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 20).
3. Amendment of section heading, section and Note filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55250.5. Work-Experience Education Involving Apprenticeable Occupations.
Note • History
Work-experience education involving apprenticeable occupations shall be consistent with the purposes of chapter 4 (commencing with section 3070) of division 3 of the Labor Code and with standards established by the California Apprenticeship Council.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 20).
§55250.6. Work Experience Outside of District.
Note • History
The governing board of any community college district may provide for the establishment and supervision of workexperience education programs providing part-time jobs for students in areas outside the district.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 78249, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 20).
3. Amendment of section heading, section and Note filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55250.7. Wages and Workers' Compensation.
Note • History
The governing board of any community college district providing work-experience and work-study education may provide for employment under such program of students in part-time jobs by any public or private employer. Such districts may pay wages to persons receiving such training, except that no payments may be to or for private employers. Districts may provide workers' compensation insurance for students in work experience as may be necessary.
NOTE
Authority Cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 78249, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 20).
3. Amendment of section heading, section and Note filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Note • History
(a) The district plan shall contain the following provisions:
(1) A statement that the district has officially adopted the plan, subject to approval by the State Chancellor.
(2) A specific description of the respective responsibilities of college, student, employer, and other cooperating agencies in the operation of the program.
(3) A specific description for each type of Cooperative Work Experience Education program.
(4) A description of how the district will:
(A) Provide guidance services for students during enrollment in Cooperative Work Experience Education.
(B) Assign a sufficient number of qualified, academic personnel as stipulated in the district plan to direct the program and to assure district services required in section 55255.
(C) Assure that students' on-the-job learning experiences are documented with written measurable learning objectives.
(D) With the assistance of employers, evaluate students on-the-job learning experiences.
(E) Describe basis for awarding grade and credit.
(F) Provide adequate clerical and instructional services.
(b) Prior to implementation, any changes or revisions to the district plan shall be submitted for approval to the Chancellor.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 78249, Education Code.
HISTORY
1. Amendment filed 4-26-74; effective thirtieth day thereafter (Register 74, No. 17).
2. Amendment filed 9-29-78; designated effective 1-2-79 (Register 78, No. 39).
3. Amendment of subsection (a)(4)(C) filed 9-29-78; designated effective 7-1-80.
4. Amendment of subsection (a) filed 1-16-81; effective thirtieth day thereafter (Register 81, No. 3).
5. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
6. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
7. Editorial correction of History 6 (Register 95, No. 20).
§55252. Types of Cooperative Work Experience Education.
Note • History
Cooperative Work Experience Education is a district-initiated and district-controlled program of education consisting of the following types:
(a) General Work Experience Education is supervised employment which is intended to assist students in acquiring desirable work habits, attitudes and career awareness. The work experience need not be related to the students' educational goals.
(b) Occupational Work Experience Education is supervised employment extending classroom based occupational learning at an on-the-job learning station relating to the students' educational or occupational goal.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 78249, Education Code.
HISTORY
1. Amendment filed 4-26-74; effective thirtieth day thereafter (Register 74, No. 17).
2. Amendment filed 9-29-78; designated effective 1-2-79 (Register 78, No. 39).
3. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
4. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
5. Editorial correction of History 4 (Register 95, No. 20).
6. Amendment filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55253. College Credit and Repetition.
Note • History
(a) For the satisfactory completion of all types of Cooperative Work Experience Education, students may earn up to a total of 16 semester credit hours or 24 quarter credit hours, subject to the following limitations:
(1) General Work Experience Education.
A maximum of six semester credit hours or nine quarter credit hours may be earned during one enrollment period in general work experience education.
(2) Occupational Work Experience Education.
A maximum of eight credit hours may be earned during one enrollment period in occupational work experience education.
(b) If a college offers only one course in occupational work experience in a given field and that course is not offered as a variable unit open-entry/open-exit course, the district policy on course repetition adopted pursuant to section 55040 may permit a student to repeat that course any number of times so long as the student does not exceed the limits on the number of units of cooperative work experience education set forth in subdivision (a). Consistent with section 58161, attendance of a student repeating a cooperative work experience course pursuant to this subdivision may be claimed for state apportionment.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. Amendment filed 4-26-74; effective thirtieth day thereafter (Register 74, No. 17).
2. Amendment filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
3. Amendment filed 9-29-78; designated effective 1-2-79 (Register 78, No. 39).
4. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
5. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
6. Editorial correction of History 5 (Register 95, No. 20).
7. Amendment filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
8. Amendment of section heading and section filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
9. Amendment of subsections (a)(1)-(2) filed 11-24-2009; operative 12-24-2009. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2009, No. 49).
§55254. Student Qualifications.
Note • History
In order to participate in Cooperative Work Experience Education students shall meet the following criteria:
(a) Pursue a planned program of Cooperative Work Experience Education which, in the opinion of the Instructor/Coordinator, includes new or expanded responsibilities or learning opportunities beyond those experienced during previous employment.
(b) Have on-the-job learning experiences that contribute to their occupational or education goals.
(c) Have the approval of the academic personnel.
(d) Meet the following condition if self-employed: Identify a person who is approved by academic personnel to serve as the designated employer representative. This representative shall agree in writing to accept the following employer responsibilities:
(1) Assist the student in identifying new or expanded on-the-job learning objectives.
(2) Assist in the evaluation of the student's identified on-the-job learning objectives.
(3) Validate hours worked.
NOTE
Authority cited: Section 70901, Education Code. Reference: Sections 70901, 70902 and 78249, Education Code.
HISTORY
1. Amendment filed 5-7-71; effective thirtieth day thereafter (Register 71, No. 19).
2. Amendment filed 4-26-74; effective thirtieth day thereafter (Register 74, No. 17).
3. Amendment filed 9-29-78; designated effective 1-2-79 (Register 78, No. 39).
4. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
5. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
6. Editorial correction of History 5 (Register 95, No. 20).
7. Amendment of subsections (b)(1)-(2), repealer of subsections (b)(3)(A)-(B), and amendment of Note filed 1-12-98; operative 2-11-98. Submitted to OAL for printing only (Register 98, No. 3).
8. Amendment filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
Note • History
(a) The district shall provide sufficient services for initiating and maintaining on-the-job learning stations, coordinating the program, and supervising students. The supervision of students shall be outlined in a learning agreement coordinated by the college district under a state-approved plan. The employer and the qualified Community College Instructor/Coordinator shall share responsibility for on-the-job supervision, which shall include but not be limited to:
(1) Instructor/Coordinator consultation in person with employers or designated representatives to discuss students' educational growth on the job.
(2) Written evaluation of students' progress in meeting planned on-the-job learning objectives.
(3) Consultation with students in person to discuss students' educational growth on the job.
(b) The district shall provide the above services at least once each quarter or semester for each student enrolled in the Cooperative Work Experience Education. Qualified adjunct faculty may be hired from other institutions to develop the learning contracts and make the “in-person” consultation for a student that is out of a college's geographical region, state, or in another country. For legally indentured apprentices, the requirements of this section may be delegated to the Joint Apprenticeship Committee in order to avoid duplication of supervisory services. The responsibility for compliance with Education Code and title 5 Cooperative Work Experience Education requirements remains with the college.
(c) In certain limited situations that will be defined in guidelines issued by the Chancellor, the district may substitute approved alternatives to “in person” consultations. The guidelines will specify the types of alternatives which districts may approve and the circumstances under which they may be used. In establishing and maintaining guidelines on such alternatives, the Chancellor shall consult with, and rely primarily on the advice and judgment of, the statewide Academic Senate and shall provide a reasonable opportunity for comment by other statewide and regional representative groups.
NOTE
Authority cited: Section 70901, Education Code. Reference: Sections 70901, 70902 and 78249, Education Code.
HISTORY
1. Amendment filed 4-26-74; effective thirtieth day thereafter (Register 74, No. 17).
2. Amendment filed 9-29-78; designated effective 1-2-79 (Register 78, No. 39).
3. Amendment filed 4-30-83; effective thirtieth day thereafter (Register 83, No. 18).
4. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
5. Editorial correction of History 4 (Register 95, No. 20).
6. Amendment of subsection (b) and Note filed 1-12-98; operative 2-11-98. Submitted to OAL for printing only (Register 98, No. 3).
7. Amendment of subsection (b) and new subsection (c) filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
Note • History
(a) The district shall maintain records which shall include at least the following:
(1) The type and units of Cooperative Work Experience Education in which each student is enrolled, where the student is employed, the type of job held and a statement signed and dated by an academic employee which sets forth the basis for determining whether the student is qualified for Occupational or General Work Experience.
(2) A record of the work permit issued, if applicable, signed by the designated issuing agent.
(3) The employer's or designated representative's statement of student hours worked and evaluation of performance on the agreed-upon learning objectives. Work hours may be verified either by weekly or monthly time sheets or by a summary statement at the end of the enrollment period.
(4) New or expanded on-the-job measurable learning objectives which serve as part of the basis for determining the student's grade, signed by academic personnel, the employer or designated representative, and the student.
(b) Records must be maintained which are signed and dated by academic personnel documenting:
(1) Consultation(s) in person with the employer or designated representative.
(2) Personal consultation(s) with the student.
(3) Evaluation of the student's achievement of the on-the-job learning objectives.
(4) The final grade.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 78249, Education Code.
HISTORY
1. Amendment filed 4-26-74; effective thirtieth day thereafter (Register 74, No. 17).
2. Amendment filed 9-29-78; designated effective 1-2-79 (Register 78, No. 39).
3. New subsection (a)(4) filed 9-29-78; designated effective 7-1-80 (Register 78, No. 39).
4. Amendment of subsection (a) filed 1-16-81; effective thirtieth day thereafter (Register 81, No. 3).
5. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
6. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
7. Editorial correction of History 6 (Register 95, No. 20).
8. Amendment of section and Note filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55256.5. Work Experience Credit.
Note • History
(a) One student contact hour is counted for each unit of work experience credit in which a student is enrolled during any census period. In no case shall duplicate student contact hours be counted for any classroom instruction and Cooperative Work Experience Education. The maximum contact hours counted for a student shall not exceed the maximum number of Cooperative Work Experience Education units for which the student may be granted credit as described in section 55253.
(b) The learning experience and the identified on-the-job learning objectives shall be sufficient to support the units to be awarded.
(c) The following formula will be used to determine the number of units to be awarded:
(1) Each 75 hours of paid work equals one semester credit or 50 hours equals one quarter credit.
(2) Each 60 hours of non-paid work equals one semester credit or 40 hours equals one quarter credit.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New section filed 9-29-78; designated effective 1-2-79 (Register 78, No. 39).
2. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
3. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
4. Editorial correction of History 3 (Register 95, No. 20).
§55257. Job Learning Stations.
Note • History
Job learning stations shall meet the following criteria:
(a) Employers or designated representatives agree with the intent and purposes of Cooperative Work Experience Education for students and are given a copy of each student's approved on-the-job learning objectives.
(b) Job learning stations offer a reasonable probability of continuous work experience for students during the current work experience enrollment term.
(c) Employers or designated representatives agree to provide adequate supervision, facilities, equipment, and materials at the learning stations to achieve on-the-job learning objectives.
(d) Employers agree to comply with all appropriate federal and state employment regulations.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 78249, Education Code.
HISTORY
1. Amendment filed 4-26-74; effective thirtieth day thereafter (Register 74, No. 17).
2. Amendment filed 9-29-78; designated effective 1-2-79 (Register 78, No. 39).
3. New NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
4. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
5. Editorial correction of History 4 (Register 95, No. 20).
6. Amendment of subsection (d) filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Subchapter 4. Programs and Classes Outside of District
Article 1. General Provision and Requirements
§55300. Classes, Property and Buildings Outside of District.
Note • History
The governing board of a community college district may conduct community college classes and acquire the necessary property and erect the necessary buildings therefore, outside of the boundaries of the district if all of the following conditions exist:
(a) The proposed location is within the state.
(b) The activities, trades, businesses, or work to be carried on at the proposed location is such as to offer educational opportunities to students who are residents of the district in the subject or all of the subjects proposed to be taught at that location, and facilities for such instruction are not available either at the location of the principal buildings of the community college, or elsewhere within the district.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. Repealer of chapter 4 (sections 55300-55344, not consecutive) and new chapter 4 (articles 1-5; sections 55300-55360, not consecutive) filed 12-18-78; effective thirtieth day thereafter (Register 78, No. 51). For prior history, see Registers 77, No. 45 and 71, No. 9.
2. Amendment filed 11-15-79; effective thirtieth day thereafter (Register 79, No. 46).
3. Amendment of chapter 4 heading, repealer of article 1 heading, and amendment of section 55300 filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
4. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
5. New article heading filed 4-3-92; operative 5-4-92 (Register 92, No. 15).
6. Editorial correction of History 4 (Register 95, No. 20).
7. Change without regulatory effect amending section heading, section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
8. Repealer of subchapter 4, article 1 and section and new subchapter 4 (sections 55300-55311) and section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35). For prior history of subchapter 4, article 2, sections 55370-55380, see Register 2002, No. 26.
§55301. Establishment of Courses Outside of District.
Note • History
The governing board of a community college district may establish courses outside the district primarily for students who are nonresidents of the district, providing one of the following conditions is fulfilled:
(a) The governing board of a high school district in territory that is not included in any community college district requests that community college courses be offered in the high school district.
(b) The governing board of a high school district requests that community college courses be offered in the high school district in accordance with other applicable provisions of law and either:
(1) the community college district where the high school district is located chooses not to offer such courses; or
(2) the courses will be offered only to pupils of the high school and will not be claimed for apportionment by the community college district.
(c) Another community college district requests that community college courses be offered in its territory.
Nothing in this section or any other provision of this subchapter shall be construed to prohibit districts from establishing study abroad programs as described in Education Code section 66015.7 for students who are district residents or students who are not residents of the district.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55302. Use of Facilities Outside of District.
Note • History
The governing board of a community college district may conduct community college classes for students who are residents of the district and utilize existing facilities necessary therefor outside of the boundaries of the district if the district is unable to construct adequate facilities within the district because of the failure of the electors of the district to authorize the issuance of bonds for such purpose at an election held for such purpose and if the district is unable to obtain adequate facilities within the district with the funds available to the district for such purpose.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35). For prior history, see Register 83, No. 18.
§55303. Contract with Federal Government to Provide Classes and Courses for Servicemen.
Note • History
The governing board of a community college district may enter into a contract on a full-cost basis with the federal government or any agency of the federal government to provide community college courses and classes to persons in the military service of the United States at any military camp, post, installation, base, vessel, or location, whether within or outside the district or the state.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55304. Classes in a Nursing Program; Insurance.
Note • History
The governing board of any community college district offering a nursing program, or related program in the healing arts, either in regular graded classes or in classes for adults, may maintain classes in such a program at hospitals located within or without the district for the purpose of providing the hospital training for students in such classes.
The governing board may purchase liability insurance for the students with district funds.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55305. Classes for Convalescents in a Hospital Maintained by a County or City in Another County.
Note • History
Anything in this chapter to the contrary notwithstanding, whenever any county or city and county maintains a tuberculosis ward, hospital or sanitarium in another county of this state, the governing board of any community college district of the county or city and county maintaining such institution, if authorized to maintain classes for adults, may establish and maintain such classes in such institution for pretuberculosis, tuberculosis, and convalescent minors and adults, and the attendance of students in the classes shall be credited to the district maintaining the classes.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55306. Classes Outside of State for Aircraft Pilot Training Program.
Note • History
The governing board of community college district may establish and maintain community college classes outside of the state, comprising a part of an aircraft pilot training program conducted by the district under an agreement with the federal government or any agency thereof, during the time that it is unlawful by reason of any law or order of the federal government or any agency thereof for such classes to be maintained within the district.
The governing board may make such expenditures and do such things in connection with the establishment and maintenance of classes under this section as it could do were the classes established and maintained within the district.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55307. Location of Required Colleges or Instructional Facilities in District.
Note • History
Except as provided in this part or in the Education Code, any college or instructional facility required to be maintained by the governing board of a community college district shall be maintained within the boundaries of the district.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55308. Use of Federal Facilities.
Note • History
Notwithstanding any other provision of this part to the contrary, whenever under the provisions of section 310 of the act of Congress entitled, “An act relating to the construction of school facilities in areas affected by federal activities, and for other purposes” (Public Law 81-815), or under any similar provisions of any other act of Congress, school facilities are constructed by any agency of the federal government on federal property for the education of students residing on property owned by the federal government, the governing board of the community college district in which such facilities are located or the governing board of any adjacent community college district, may make arrangements with the agency of the federal government to maintain school in such facilities. The students residing on such federal property and attending such school shall be deemed to be residents of the district maintaining such school.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55309. Maintenance of College Outside District.
Note • History
The maintenance of a college by a district outside the boundaries of the district as provided in sections 55300-55302, inclusive, shall be deemed for all purposes to be or have been the maintenance of a college within the boundaries of the district.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55310. Classes Conducted at Airport or County Jail.
Note • History
The governing board of a community college district coterminous with the boundaries of a city and county, may conduct classes at the airport and at the county jail which are owned and operated by the city and county, outside of the boundaries of the community college district.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35). For prior history, see Register 2005, No. 10.
§55311. Public School or Nonprofit Organization Facilities.
Note • History
Special classes for handicapped adults may be conducted under the direction of the governing board of the community college district in workshop and training facilities provided by nonprofit organizations, or in public school facilities.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Note • History
NOTE
Authority cited: Sections 71020, 84500, and 84520, Education Code. Reference: Sections 84500(a)(2) and 84520, Education Code.
HISTORY
1. Repealer filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
§55314. Faculty and Student Participation. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901 and 78301, Education Code. Reference: Sections 70901, 70902 and 78310, Education Code.
HISTORY
1. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Repealer filed 4-29-94; operative 5-29-94. Submitted to OAL for printing only (Register 94, No. 18).
4. Editorial correction of History 2 (Register 95, No. 20).
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Amendment of opening statement, subsection (b) and Note filed 4-29-94; operative 5-29-94. Submitted to OAL for printing only (Register 94, No. 18).
4. Editorial correction of History 2 (Register 95, No. 20).
5. Change without regulatory effect amending first paragraph and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
6. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55316.5. Additional Courses. [Repealed]
Note • History
(a) Nontransferable courses designed to meet the requirements of sections 55805.5, 55806, and 55002(a) or (b);
(b) Noncredit courses.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New section filed 4-29-94; operative 5-29-94. Submitted to OAL for printing only (Register 94, No. 18).
2. Amendment of last paragraph and Note filed 8-31-98; operative 9-30-98. Submitted to OAL for printing only (Register 98, No. 36).
3. Amendment of subsection (b) filed 12-3-2001; operative 1-2-2002. Submitted to OAL for printing only (Register 2001, No. 50).
4. Amendment of section and Note filed 5-20-2002; operative 6-19-2002. Submitted to OAL for printing only (Register 2002, No. 26).
5. Change without regulatory effect amending first paragraph filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
6. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55317. Ongoing Responsibilities of Districts. [Repealed]
Note • History
NOTE
Authority cited: Section 70901, Education Code. Reference: Sections 70901, 70902 and 78310, Education Code.
HISTORY
1. New section filed 4-29-94; operative 5-29-94. Submitted to OAL for printing only (Register 94, No. 18).
2. Amendment of subsection (b), last paragraph and Note filed 8-31-98; operative 9-30-98. Submitted to OAL for printing only (Register 98, No. 36).
3. Amendment of subsections (b)-(c) filed 12-3-2001; operative 1-2-2002. Submitted to OAL for printing only (Register 2001, No. 50).
4. Repealer filed 5-20-2002; operative 6-19-2002. Submitted to OAL for printing only (Register 2002, No. 26).
§55318. Written Record. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901 and 78310, Education Code. Reference: Sections 70901, 70902, and 78310, Education Code.
HISTORY
1. Amendment of NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Repealer filed 4-29-94; operative 5-29-94. Submitted to OAL for printing only (Register 94, No. 18).
4. Editorial correction of History 2 (Register 95, No. 20).
§55320. Academic Standards. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. Repealer of article 3 heading filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 20).
4. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
5. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55321. Student Progress. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 20).
4. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
5. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55322. Availability of Instructor. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. Amendment of NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 20).
4. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
5. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55323. Learning Assistance. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020, 78310, 84500 and 84520, Education Code. Reference: Sections 78310, 84500 and 84520, Education Code.
HISTORY
1. Amendment of NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Repealer filed 12-17-84; effective thirtieth day thereafter (Register 84, No. 51).
§55340. Eligibility for State Funds. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. Repealer of article 4 heading and amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Amendment of section and Note filed 4-29-94; operative 5-29-94. Submitted to OAL for printing only (Register 94, No. 18).
4. Editorial correction of History 2 (Register 95, No. 20).
5. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
6. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55342. Average Daily Attendance. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020, 84500, and 84520, Education Code. Reference: Sections 84500(a)(2) and 84520, Education Code.
HISTORY
1. Repealer filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
§55343. Grades Awarded. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020, 84500, and 84520, Education Code. Reference: Sections 84500(a)(2) and 84520, Education Code.
HISTORY
1. Repealer filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
§55344. Enrollment. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020, 84500, and 84520, Education Code. Reference: Sections 84500(a)(2) and 84520, Education Code.
HISTORY
1. Repealer filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
Note • History
NOTE
Authority cited: Sections 71020, 84500, and 84520, Education Code. Reference: Sections 84500(a)(2) and 84520, Education Code.
HISTORY
1. Repealer filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
§55348. Supervision. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020, 84500, and 84520, Education Code. Reference: Sections 84500(a)(2) and 84520, Education Code.
HISTORY
1. Repealer filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
§55350. Instruction. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 20).
4. Change without regulatory effect amending first paragraph, subsection (d) and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
5. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55352. Number of Students. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 78310, Education Code.
HISTORY
1. Repealer and new section filed 4-29-94; operative 5-29-94. Submitted to OAL for printing only (Register 94, No. 18). For prior history, see Register 91, No. 23.
2. Repealer filed 5-20-2002; operative 6-19-2002. Submitted to OAL for printing only (Register 2002, No. 26).
§55360. Evaluation Reports. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020, 84500, and 84520, Education Code. Reference: Sections 84500(a)(2) and 84520, Education Code.
HISTORY
1. Repealer of Article 5 heading and Section 55360 filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
Article 2. Distance Education
§55370. Definition and Application.
Note • History
NOTE
Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code.
HISTORY
1. New section filed 4-3-92; operative 5-4-92 (Register 92, No. 15).
2. Amendment of article heading and section filed 4-29-94; operative 5-29-94. Submitted to OAL for printing only (Register 94, No. 18).
3. Repealer of article 2 (sections 55370-55380) and repealer of section filed 5-20-2002; operative 6-19-2002. Submitted to OAL for printing only (Register 2002, No. 26).
§55372. Course Quality Standards.
Note • History
NOTE
Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code.
HISTORY
1. New section filed 4-3-92; operative 5-4-92 (Register 92, No. 15).
2. Amendment filed 4-29-94; operative 5-29-94. Submitted to OAL for printing only (Register 94, No. 18).
3. Repealer filed 5-20-2002; operative 6-19-2002. Submitted to OAL for printing only (Register 2002, No. 26).
§55374. Course Quality Determinations.
Note • History
NOTE
Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code.
HISTORY
1. New section filed 4-3-92; operative 5-4-92 (Register 92, No. 15).
2. Amendment filed 4-29-94; operative 5-29-94. Submitted to OAL for printing only (Register 94, No. 18).
3. Repealer filed 5-20-2002; operative 6-19-2002. Submitted to OAL for printing only (Register 2002, No. 26).
Note • History
NOTE
Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code.
HISTORY
1. New section filed 4-3-92; operative 5-4-92 (Register 92, No. 15).
2. Amendment of section heading and text filed 4-29-94; operative 5-29-94. Submitted to OAL for printing only (Register 94, No. 18).
3. Amendment filed 8-31-98; operative 9-30-98. Submitted to OAL for printing only (Register 98, No. 36).
4. Repealer filed 5-20-2002; operative 6-19-2002. Submitted to OAL for printing only (Register 2002, No. 26).
§55378. Separate Course Approval.
Note • History
NOTE
Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code.
HISTORY
1. New section filed 4-3-92; operative 5-4-92 (Register 92, No. 15).
2. Amendment filed 4-29-94; operative 5-29-94. Submitted to OAL for printing only (Register 94, No. 18).
3. Repealer filed 5-20-2002; operative 6-19-2002. Submitted to OAL for printing only (Register 2002, No. 26).
Note • History
NOTE
Authority cited: Section 70901, Education Code. Reference: Sections 70901-70902, Education Code.
HISTORY
1. New section filed 4-3-92; operative 5-4-92 (Register 92, No. 15).
2. Amendment filed 4-29-94; operative 5-29-94. Submitted to OAL for printing only (Register 94, No. 18).
3. Repealer filed 5-20-2002; operative 6-19-2002. Submitted to OAL for printing only (Register 2002, No. 26).
Subchapter 5. Educational Master Plans
§55400. Definitions. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New chapter 5 (sections 55400 through 55405) filed 7-1-71; effective thirtieth day thereafter (Register 71, No. 27).
2. Amendment of section and NOTE filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
3. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
4. Amendment of section filed 6-11-91; operative 7-11-91. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 91, No. 45).
5. Amendment of Note filed 6-11-91; operative 7-11-91. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 92, No. 1).
6. Editorial correction of History 3 (Register 95, No. 20).
7. Repealer of subchapter 5 (sections 55400-55405) and section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55401. Current and Long Range Plans. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. Change without regulatory effect amending section and adding Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
2. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55402. Educational Master Plans. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. Amendment of section and new Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
2. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. Change without regulatory effect adding Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
2. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. Change without regulatory effect amending section and adding Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
2. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55405. Review and Approval. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. Amendment filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
2. Amendment of section and new Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Subchapter 5.5. Excursions and Field Trips [Repealed]
§55450. Excursions or Field Trips. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of printing error in section heading and subsection (e) (Register 91, No. 43).
3. Amendment of subsection (d) and repealer of subsection (e) filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
4. Editorial correction of History 1 (Register 95, No. 20).
5. New subchapter 5.5 heading filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
6. Repealer of subchapter 5.5 (sections 55450-55451) and section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55451. Provision for Medical or Hospital Service for Students. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment of section heading and text filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
3. Editorial correction of History 1 (Register 95, No. 20).
4. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Subchapter 6. Matriculation Programs
Article 1. Scope and Definitions
§55500. Scope and Implementation.
Note • History
(a) This chapter implements and should be read in conjunction with the provisions of the Seymour-Campbell Matriculation Act of 1986, Statutes 1986, chapter 1467, codified as Education Code sections 78210, et seq. The purpose of this subchapter is to further equality of educational opportunity and success for all students in the California Community Colleges.
(b) The requirements of this subchapter apply only to districts receiving funds pursuant to Education Code section 78216 for the period of time during which such funds are received.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 78210-78218, Education Code.
HISTORY
1. New section filed 6-5-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 7-5-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 90, No. 37).
2. Amendment of subsection (a) and repealer of subsection (c) filed 4-3-92; operative 5-4-92 (Register 92, No. 17).
3. Amendment of section and Note filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Note • History
For purposes of this subchapter, the following definitions shall apply:
(a) “Matriculation” means a process that brings a college and an enrolled student into an agreement for the purpose of realizing the student's educational goal through the college's established programs, policies, and requirements. This agreement is to be implemented by means of the student's individual educational plan developed pursuant to section 55525.
(b) “Assessment” means the process of gathering information about individual students to facilitate student success. Assessment shall include, but is not limited to, information regarding the student's study skills, English language proficiency, computational skills, aptitudes, goals, learning skills, career aspirations, academic performance, and need for special services. Assessment involves the collection of such information at any time before or after enrollment, except that the process by which an instructor assigns a grade or otherwise evaluates the extent to which a student has achieved the objectives of a course shall not be considered part of the assessment process. Once a grade has been assigned and recorded on a student's transcript, it can be used in the assessment process.
(c) “Assessment instruments, methods, or procedures” means one or more assessment instruments, assessment methods, or assessment procedures, or any combination thereof. These include, but are not limited to, interviews, standardized tests, holistic scoring processes, attitude surveys, vocational or career aptitude and interest inventories, high school or college transcripts, specialized certificates or licenses, educational histories and other measures of performance. The term “assessment instruments, methods, or procedures” also includes assessment procedures such as the identification of test scores which measure particular skill levels, the administrative process by which students are referred for assessment, the manner in which assessment sessions are conducted, the manner in which assessment results are made available, and the length of time required before such results are available. The term “assessment instrument” does not include a test which is used solely to determine whether a student who has formally challenged a prerequisite or corequisite pursuant to subdivision (m)(4) of section 55003 has the knowledge or ability to succeed in a course or program despite not meeting the prerequisite or corequisite.
(d) “Disproportionate impact” occurs when the percentage of persons from a particular racial, ethnic, gender, age or disability group who are directed to a particular service or placement based on an assessment instrument, method, or procedure is significantly different from the representation of that group in the population of persons being assessed, and that discrepancy is not justified by empirical evidence demonstrating that the assessment instrument, method or procedure is a valid and reliable predictor of performance in the relevant educational setting.
(e) “Exemption” means waiving or deferring a student's participation in orientation, assessment, counseling, or advisement required pursuant to subdivisions (b), (c), and (f) of section 55520.
(f) “Matriculation services” are those services listed in section 55520.
(g) “Matriculation practices” means one or more instruments, methods, or procedures, or any combination thereof, used in providing any of the matriculation services listed in section 55520.
(h) “Orientation” is a process which acquaints students and potential students with college programs, services, facilities and grounds, academic expectations, and institutional procedures.
(i) “Student follow-up” is the process of monitoring a student's progress toward his or her educational goals and providing the student with appropriate advice based on the results of such monitoring.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 78212 and 78213, Education Code.
HISTORY
1. Amendment of subsection (a) and (b) and new subsections (g), (h), (i), (j) and (k) filed 6-5-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 7-6-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 90, No. 37).
2. Amendment of first paragraph and subsections (a) and (c)-(k) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Amendment of first paragraph and subsections (b)-(c), repealer of subsection (d), subsection relettering and amendment of newly designated subsections (e)-(g) filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
4. Amendment of subsections (a)-(c), repealer of subsection (h) and subsection relettering filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
Article 2. Planning and Administration
Note • History
(a) Each community college district shall adopt a matriculation plan describing the services to be provided to its students. The plan shall include, but not be limited to:
(1) a description of the methods by which required services will be delivered;
(2) the district's budget for matriculation;
(3) plans for faculty and staff development;
(4) computerized information services and institutional research and evaluation necessary to implement this subchapter;
(5) criteria for exempting students from participation in the matriculation process;
(6) procedures for establishing and periodically reviewing prerequisites pursuant to section 55003;
(7) procedures for considering student challenges to prerequisites established pursuant to section 55003; and
(8) in districts with more than one college, arrangements for coordination by the district of the matriculation plans of its various colleges.
(b) The plan shall be developed through consultation with representatives of the academic senate, students, and staff with appropriate expertise, pursuant to section 51023 et seq.
(c) Such plans shall conform to the requirements of this subchapter and shall be submitted to the Chancellor for review and approval. The Chancellor may require periodic updates of such plans.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 78216, Education Code.
HISTORY
1. New section filed 6-5-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 7-5-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 90, No. 37).
2. Amendment filed 10-5-93; operative 11-4-93. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 93, No. 42).
3. Amendment of subsection (a)(6), new subsection (a)(7) and subsection renumbering filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
4. Amendment of subsections (a)(4), (a)(6), (a)(7) and (c) filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55512. Evaluation and Audits.
Note • History
(a) Each community college district shall establish a program of institutional research for ongoing evaluation of its matriculation process to ensure compliance with the requirements of this subchapter.
As part of this evaluation, all assessment instruments, methods or procedures shall be evaluated to ensure that they minimize or eliminate cultural or linguistic bias and are being used in a valid manner. Based on this evaluation, districts shall determine whether any assessment instrument, method or procedure has a disproportionate impact on particular groups of students described in terms of ethnicity, gender, age or disability, as defined by the Chancellor. When there is a disproportionate impact on any such group of students, the district shall, in consultation with the Chancellor, develop and implement a plan setting forth the steps the district will take to correct the disproportionate impact. The evaluation shall include, but not be limited to, an analysis of the degree to which the matriculation program:
(1) impacts on particular courses, programs, and facilities;
(2) helps students to define their educational goals;
(3) promotes student success, as evidenced by outcome and retention data such as student persistence, goal attainment, skill improvement, and grades;
(4) assists the district in the assessment of students' educational needs;
(5) matches district resources with students' educational needs; and
(6) provides students with the support services described in section 55520(g).
(b) Each district shall also, as part of its annual financial audit, provide for a review of the revenue and expenditures of the matriculation program.
(c) The Chancellor shall establish a system for evaluation of the matriculation program on a statewide basis, including procedures for monitoring compliance with the requirements of this subchapter.
NOTE
Authority cited: Sections 66700, and 70901, Education Code. Reference: Section 78214, Education Code.
HISTORY
1. Amendment filed 6-5-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 7-6-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 90, No. 37).
2. Change without regulatory effect amending subsections (a), (a)(6) and (c) and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
Each community college district shall submit an annual report describing the district's efforts to implement its matriculation plan and expenditures made for that purpose. In this report, or through the established management information system or otherwise, the data to be collected for evaluation purposes pursuant to Education Code section 78214 and section 55512 of this subchapter. Such data shall specifically include, but is not limited to, the information necessary to permit the Chancellor to determine the following:
(a) the proportion of students from various ethnic, gender, age or disability groups, as defined by the Chancellor, who are placed in nondegree-applicable credit courses, degree-applicable credit courses, or transfer level courses in reading, writing, computation or English as a Second Language.
(b) the proportion of students from various ethnic, gender, age or disability groups, as defined by the Chancellor, who enter and complete nondegree-applicable basic skills courses.
(c) The proportion of students from various ethnic, gender, age or disability groups, as defined by the Chancellor, completing nondegree-applicable basic skills courses who subsequently enter and complete degree-applicable credit courses;
(d) outcome and retention data, as described in section 55512(a), indicating the effectiveness of matriculation;
(e) the basis on which the use of particular assessment instruments, methods or procedures was validated by a district;
(f) the numbers of students exempted, pursuant to section 55532, from participation in the district's matriculation program, by category of exemption;
(g) the number of students filing complaints pursuant to section 55534 and the bases of those complaints;
(h) the particular matriculation services, as listed in section 55520, which each student received; and
(i) any other matter the Chancellor, after consultation with community college districts, deems necessary for the effective evaluation of matriculation programs.
NOTE
Authority cited: Sections 66700, and 70901, Education Code. Reference: Section 78214, Education Code.
HISTORY
1. Amendment filed 6-5-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 7-6-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 90, No. 37).
2. Amendment of first paragraph and subsections (a)-(c) and (g) filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55516. Training and Staff Development.
Note • History
Each community college district shall develop and implement a program for providing all faculty and staff with training appropriate to their needs on the provision of matriculation services, including but not limited to, the proper purpose, design, evaluation, and use of assessment instruments, methods or procedures, as well as their limitations and possible misuse.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 78216, Education Code.
HISTORY
1. New section filed 6-5-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 7-5-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 90, No. 37).
Note • History
(a) The Chancellor shall adopt a funding formula, consistent with the requirements of this section, for allocating matriculation funds to community college districts complying with the requirements of this subchapter.
(b) Each dollar of state matriculation funding shall be matched by three dollars of other district resources devoted to the matriculation program.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 78216, Education Code.
HISTORY
1. New section filed 6-5-90 by the Board of Governor's, California Community Colleges, with the Secretary of State, operative 7-6-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (b) (Register 90, No. 37).
2. Amendment of subsection (a) filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Article 3. Matriculation Services
Note • History
At a minimum, each community college district shall provide students, except as exempted pursuant to section 55532, with all of the following matriculation services:
(a) the processing of applications for admission;
(b) orientation and pre-orientation services designed to provide nonexempt students and potential students, on a timely basis, information concerning college procedures and course scheduling, academic expectations, financial assistance, and any other matters the college or district finds appropriate;
(c) assessment for all nonexempt students pursuant to section 55524;
(d) counseling or advisement for nonexempt students pursuant to section 55523;
(e) assistance in developing a student educational plan pursuant to section 55525, which identifies the student's educational objectives and the courses, services, and programs to be used to achieve them;
(f) post enrollment evaluation, pursuant to section 55526, of each student's progress; and
(g) referral of students to:
(1) support services which may be available, including, but not limited to, counseling, financial aid, health services, campus employment placement services, Extended Opportunity Programs and Services, campus child care services, tutorial services, and Disabled Students Programs and Services; and
(2) specialized curriculum offerings including but not limited to, pre-collegiate basic skills courses and programs in English as a Second Language.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 78212, Education Code.
HISTORY
1. Amendment filed 6-5-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 7-6-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 90, No. 37).
Note • History
(a) In implementing matriculation services, community college districts shall not, except as provided in subdivision (b), do any of the following:
(1) use an assessment instrument which has not been approved by the Chancellor pursuant to section 55524, except that the Chancellor may permit limited field-testing, under specified conditions, of new or alternative assessment instruments, where such instruments are not used for placement and are evaluated only in order to determine whether they should be added to the list of approved instruments;
(2) use any assessment instrument in a manner or for a purpose other than that for which it was developed or has been otherwise validated;
(3) use any single assessment instrument, method or procedure, by itself, for placement, required referral to appropriate services, or subsequent evaluation of any student; provided however that, in the case of assessment instruments, the use of two or more highly correlated instruments does not satisfy the requirement for use of multiple measures;
(4) use any assessment instrument, method or procedure to exclude any person from admission to a community college, except that a college may determine the admission of special part-time or full-time students under Education Code section 76002 based on an assessment which involves multiple measures and complies with other requirements of this subchapter;
(5) use any assessment instrument, method or procedure for mandatory placement of a student in or exclusion from any particular course or educational program, except that districts may establish appropriate prerequisites pursuant to sections 55002 and 55003; or
(6) use any matriculation practice which has the purpose or effect of subjecting any person to unlawful discrimination prohibited by subchapter 5 (commencing with section 59300) of chapter 10.
(b) Notwithstanding the provisions of subdivisions (a)(1) and (2), assessment instruments approved by the Secretary of the United States Department of Education may be used to determine “ability to benefit” in the process of establishing a student's eligibility for federal financial aid pursuant to subdivision (d) of section 1091 of title 20 of the United States Code.
(c) Notwithstanding paragraphs (1), (2), (3) or (5) of subdivision (a) or the provisions of sections 55003 or 55524, a community college district may use an assessment test to select students for its nursing program, provided that:
(1) the district complies with all other provisions of this subchapter;
(2) the assessment instrument is used in conjunction with other assessment instruments, methods or procedures to select students for enrollment in the nursing program; and
(3) the Chancellor has determined that the assessment instrument predicts likelihood of success in nursing programs, has approved use of the assessment instrument for that purpose and has established statewide proficiency cut-off scores for that instrument pursuant to Education Code section 78261.
NOTE
Authority cited: Section 11138, Government Code; and Sections 66700 and 70901, Education Code. Reference: Section 11135, Government Code; and Sections 72011, 76002, 78211, 78213 and 78261, Education Code.
HISTORY
1. Amendment of subsections (d), (e) and (f) filed 6-5-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 7-6-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 90, No. 37).
2. Amendment of subsection (a) and redesignating following subsections (1)-(6), adoption of subsection (b) and amendment of NOTE filed 4-3-92; operative 5-4-92 (Register 92, No. 15).
3. Amendment of subsections (a)(1) and (a)(5)-(b), new subsections (c)-(c)(3) and amendment of Note filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
4. Amendment of subsection (a)(4) and Note filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
§55522. Special Accommodations.
Note • History
Matriculation services for ethnic and language minority students and students with disabilities, shall be appropriate to their needs, and community college districts shall, where necessary, make modifications in the matriculation process or use alternative instruments, methods or procedures to accommodate the needs of such students. Districts may require students requesting such accommodations to provide proof of need. Extended Opportunity Programs and Services (EOPS) and Disabled Students Programs and Services (DSPS) are authorized, consistent with the provisions of subchapter 1 (commencing with section 56000) and subchapter 2.5 (commencing with section 56200) of chapter 7, to provide specialized matriculation services and modified or alternative matriculation services to their respective student populations. Notwithstanding this authorization, participation in the EOPS and DSPS programs is voluntary and no student may be denied necessary accommodations in the assessment process because he or she chooses not to use specialized matriculation services provided by these programs. Modified or alternative matriculation services for limited or non-English-speaking students may be provided in English as a Second Language programs.
NOTE
Authority cited: Section 11138, Government Code; Sections 66700, 70901 and 78213, Education Code. Reference: Section 11135, Government Code; and Sections 72011, 78211 and 78213, Education Code.
HISTORY
1. New section filed 6-5-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 7-6-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 90, No. 37).
2. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§55523. Counseling and Advisement.
Note • History
(a) If not already required to do so by the minimum standards for counseling services set forth in section 51018, each community college district shall do all of the following:
(1) make reasonable efforts to ensure that all nonexempt students who are on probation participate in counseling as provided in section 55034;
(2) make reasonable efforts to ensure that all nonexempt students who have not declared a specific educational goal participate in counseling to assist them in the process of selecting a specified educational goal pursuant to section 55525;
(3) make reasonable efforts to ensure that all nonexempt students who are enrolled in nondegree-applicable basic skills courses participate in counseling or advisement; and
(4) make available to all students, advisement or counseling on general academic requirements and the selection of specific courses by counselors or appropriately trained instructor/advisors, and/or other appropriately trained staff working in consultation with counselors.
(b) Counseling by appropriately trained counselors or advisement by appropriately trained staff may also be made available in any other area the district deems appropriate, including but not limited to, the interpretation of assessment results and the development of a student's educational plan as required by section 55525.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 78212, Education Code.
HISTORY
1. New section filed 6-5-90 by the Board of Governor's, California Community Colleges, with the Secretary of State, operative 7-6-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (b) (Register 90, No. 37).
2. Amendment filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
3. Amendment of subsection (a)(4) filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
Note • History
The Chancellor shall establish and update, at least annually, a list of approved assessment instruments and guidelines for their use by community college districts. These guidelines shall identify modifications of an assessment instrument or the procedures for its use which may be made in order to provide special accommodations required by section 55522 without separate approval by the Chancellor. Such guidelines shall also describe the procedure by which districts may seek to have assessment instruments approved and added to the list. The Chancellor shall ensure that all assessment instruments included on the list minimize or eliminate cultural or linguistic bias, are normed on the appropriate populations, yield valid and reliable information, identify the learning needs of students, make efficient use of student and staff time, and are otherwise consistent with the educational and psychological testing standards of the American Educational Research Association, the American Psychological Association, and the National Council on Measurement in Education.
NOTE
Authority cited: Sections 66700, and 70901, Education Code. Reference: Section 78213, Education Code.
HISTORY
1. New section filed 6-5-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 7-6-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 90, No. 37).
§55525. Student Educational Plan.
Note • History
(a) Each community college district shall establish a process for assisting students to select a specific educational goal within a reasonable time after admission as required by Section 55530 (d). This shall include, but not be limited to, the provision of counseling as required by Section 55523(a)(2).
(b) Once a student has selected a specific educational goal, the district shall afford the student the opportunity to develop a student educational plan describing the responsibilities of the student, the requirements he or she must meet, and the courses, programs, and services required to achieve the stated goal.
(c) The student educational plan developed pursuant to Subsection (b) shall be recorded in written or electronic form. The plan and its implementation shall be reviewed as necessary to ensure that it continues to accurately reflect the needs and goals of the student.
(d) If a student believes the district has failed to make good faith efforts to develop a plan, has failed to provide services specified in the student educational plan, or has otherwise violated the requirements of this Section, the student may file a complaint pursuant to Section 55534 (a).
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 78212, Education Code.
HISTORY
1. New section filed 6-5-90 by the Board of Governor's, California Community Colleges, with the Secretary of State, operative 7-6-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (b) (Register 90, No. 37).
2. Amendment of subsections (a), (c) and (d) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
Note • History
Each community college district shall establish a student follow-up process to assist the student in achieving his/her educational goal. The follow-up system shall ensure that the academic progress of each student is regularly monitored to detect early signs of academic difficulty and students shall be provided with advice or referral to specialized services or curriculum offerings where necessary. Districts shall also identify and refer to counseling or advisement, as appropriate pursuant to section 55523(a), any students who have not declared a specific educational goal as required by section 55530, who are enrolled in pre-collegiate basic skills courses, or who have been placed on probation.
NOTE
Authority cited: Sections 66700 and 70901, Educational Code. Reference: Section 78212, Education Code.
HISTORY
1. New section filed 6-5-90 by the Board of Governor's, California Community Colleges, with the Secretary of State, operative 7-6-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (b) (Register 90, No. 37).
Article 4. Appeals, Waivers, Student Rights and Responsibilities
§55530. Student Rights and Responsibilities.
Note • History
(a) Nothing in this subchapter shall be construed to interfere with the right of a student admitted to a community college in accord with district admission policies adopted pursuant to Education Code sections 76000, et seq. to enroll in any course for which he or she can meet necessary and appropriate prerequisites, if any, which have been established pursuant to the requirements of section 55003.
(b) Community college districts shall take steps to ensure that information is available in written form to all students during or prior to enrollment (e.g., during orientation) and is included in class schedules, catalogs or other appropriate publications, describing their rights and responsibilities under this subchapter.
(c) Districts shall also take steps to ensure that the matriculation process is efficient so that students are not discouraged from participating in college programs. Whenever possible, students should be permitted to avoid additional testing by submitting scores on recently taken tests that correlate with those used by the district.
(d) Students shall be required to express at least a broad educational intent upon admission; declare a specific educational goal within a reasonable period after admission; participate in counseling or advisement pursuant to section 55523(a)(1), (2), and (3); diligently attend class and complete assigned coursework; and complete courses and maintain progress toward an educational goal according to standards established by the district, consistent with the requirements of subchapter 1 (commencing with section 55000) of this chapter. The governing board of each community college district shall adopt clear written policies not inconsistent with law, specifically defining these responsibilities of students and the consequences of failure to fulfill such responsibilities. This policy shall define the period of time within which a student must identify a specific educational goal as required by this subdivision, provided however, that all students shall be required to declare such a goal during the term after which the student completes 15 semester units or 22 quarter units of degree-applicable credit course work, unless the district policy establishes a shorter period. Once the student has developed a specific educational goal, the district must provide the student with an opportunity to develop a student educational plan pursuant to section 55525. Student responsibilities shall also be identified in the student's educational plan developed pursuant to section 55525. If a student fails to fulfill the responsibilities listed in this subdivision, fails to cooperate with the district in the development of a student educational plan within 90 days after declaring his or her specific educational goal, or fails to abide by the terms of his or her student educational plan, the district may, subject to the requirements of this subchapter, suspend or terminate the provision of services authorized in section 55520, provided however, that nothing in this section shall be construed to permit a district to suspend or terminate any service to which a student is otherwise entitled under any other provision of law.
(e) Information obtained from the matriculation process shall be considered student records and shall be subject to the requirements of subchapter 6 (commencing with section 54600) of chapter 5.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 76000, 76001 and 78212, Education Code.
HISTORY
1. Amendment filed 6-5-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 7-6-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 90, No. 37).
2. Amendment of subsection (b) filed 4-3-92; operative 5-4-92 (Register 92, No. 15).
3. Amendment of subsections (a), (b) and (d) filed 10-5-93; operative 11-4-93. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 93, No. 42).
4. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
5. Amendment of subsections (a) and (d) filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Note • History
(a) Community college districts may elect to exempt certain students from participation in orientation, assessment, counseling or advisement, as required by subdivisions (b), (c), or (d) of section 55520. Each such district shall establish policies specifying the grounds for exemption. Such policies shall be identified in the matriculation plan required under section 55510 and the number of students so exempted shall be reported, by category, to the Chancellor pursuant to section 55514.
(b) District policies may exempt from orientation, assessment, counseling, or advisement any student who has completed an associate degree or higher.
(c) Any student exempted pursuant to this section shall be notified that he or she is covered by an exemption and shall be given the opportunity to choose whether or not to participate in that part of the matriculation process.
(d) District policies may not use any of the following as the sole criterion for exempting any student who does not wish to participate:
(1) the student has enrolled only in evening classes;
(2) the student has enrolled in fewer than some specified number of units;
(3) the student is enrolled exclusively in noncredit courses;
(4) the student is undecided about his or her educational objectives; or
(5) the student does not intend to earn a degree or certificate.
(e) As part of the statewide evaluation provided for under subdivision (c) of section 55512, the Chancellor shall analyze and recommend necessary changes regarding the impact on the matriculation program of the exemption policies adopted by community college districts.
NOTE
Authority cited: Sections 66700, 70901, and 78215, Education Code.Reference: Section 78215, Education Code.
HISTORY
1. New section filed 6-5-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 7-6-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 90, No. 37).
2. Amendment of subsections (a) and (b), new subsection (d)(3), subsection renumbering and amendment of subsection (e) filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
§55534. Violations, Waivers and Appeals.
Note • History
(a) Each community college district shall establish written procedures by which students may challenge any alleged violation of the provisions of this subchapter. Districts shall investigate and attempt to resolve any such complaints in a timely manner. Such complaint procedures may be consolidated with existing student grievance procedures by action of the governing board. Records of all such complaints shall be retained for at least three years after the complaint has been resolved and shall be subject to review by the Chancellor as part of the statewide evaluation required under section 55512(c).
(b) When a challenge contains an allegation that a community college district has violated the provisions of section 55521(a)(6), the district shall, upon completion of the challenge procedure established pursuant to this section, advise the student that he or she may file a formal complaint of unlawful discrimination pursuant to subchapter 5 (commencing with section 59300) of chapter 10. Completion of the challenge procedure shall be deemed to be an effort at informal resolution of the complaint under section 59327.
NOTE
Authority cited: Section 11138, Government Code; Sections 66700 and 70901, Education Code. Reference: Sections 11135-11139.5, Government Code; Sections 78211 and 78213, Education Code.
HISTORY
1. New section filed 6-5-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 7-6-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 90, No. 37).
2. Amendment filed 10-5-93; operative 11-4-93. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 93, No. 42).
3. Amendment of subsection (b) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
4. Amendment filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Subchapter 7. Contract Education
Article 1. Contracts with Providers of Career Technical Education
Note • History
For the purposes of this subchapter the following definitions apply:
(a) “Vocational education contract” or “career technical education contract” means a written agreement between any community college district and a contractor which meets standards prescribed herein to provide career technical instruction to students enrolled in community colleges. Such agreements shall also be required to comply with the provisions of article 5 (commencing with section 8090) of chapter 1, part 6 of the Education Code.
(b) “The California State Plan for Vocational Education” or “Carl D. Perkins Career Technical Education Act of 2006 California State Plan” means an official agreement between the United States Commissioner of Education and the California State Board of Education which provides standards, policies, and procedures that shall apply to the operation of various phases of career technical education to qualify for financial support from the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270), or any successor federal legislation.
(c) “Contractor” as used in section 55602 means any private postsecondary school authorized or approved pursuant to the provisions of chapter 7 of part 59 of division 10 of the Education Code (commencing with section 94700), and which has been in operation not less than two (2) full calendar years prior to the effective date of the contract, to provide career technical skill training authorized by the Education Code and this subchapter.
(d) “Eligible costs” means all direct and indirect related instructional costs but does not include expenditures for capital outlay (object of expenditure code 6000 as defined in the California Community Colleges Budget and Accounting Manual).
(e) “Public or private postsecondary educational institution in a neighboring state that borders on the district boundary” for purposes of Education Code section 8092.5 means a public or private institution which:
(1) is located in a neighboring state that borders on the district boundary; and
(2) is a contractor under subdivision (c); or
(3) a private postsecondary school that meets standards established by the Chancellor.
(f) “Qualified faculty of the district” for purposes of section 55630(e) may include persons who have entered into contracts with the district pursuant to section 58058(b).
NOTE
Authority cited: Sections 8092, 66700, 70901 and 71024, Education Code. Reference: Title 20, United States Code Sections 2301, et seq.; and Chapter 1, Article 5 (commencing with Section 8090), Division 1 and Section 70901, Education Code.
HISTORY
1. New chapter 7 (sections 55600 through 55631, not consecutive) filed 4-26-74; effective thirtieth day thereafter (Register 74, No. 17).
2. Amendment of section and NOTE filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
3. Repealer of subchapter 1 heading, amendment of article 1 heading, and repealer and new section 55600 filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
4. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
5. Amendment filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
6. Editorial correction of History 4 (Register 95, No. 22).
7. Amendment of first paragraph and subsection (c), new subsections (e)-(f) and amendment of Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
8. Amendment of subchapter heading, article heading, section and Note filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55601. Appointment of Vocational Education Advisory Committee.
Note • History
The governing board of each community college district participating in a vocational education program shall appoint a vocational education advisory committee to develop recommendations on the program and to provide liaison between the district and potential employers.
The committee shall consist of one or more representatives of the general public knowledgeable about the educational needs of disadvantaged populations, students, teachers, business, industry, the college administration, and the field office of the Employment Development Department.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 5-15-93; operative 6-4-93 (Register 93, No. 25). For prior history, see Register 83, No. 18.
2. Amendment of section heading and section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55602. Authority to Contract.
Note • History
(a) Any community college district or districts may contract with a private postsecondary school authorized or approved pursuant to the provisions of chapter 7 of part 59 of division 10 of the Education Code (commencing with section 94700) or described in Education Code section 8092.5 and which has been in operation not less than two full calendar years prior to the effective date of such contract to provide vocational skill training authorized by the Education Code and this subchapter. Any community college district may contract with an activity center, work activity center, or sheltered workshop to provide vocational skill training authorized by the Education Code in any adult education program for substantially handicapped persons operated pursuant to section 41976(a)(5) of the Education Code.
(b) All contracts between a community college district and a private postsecondary school entered into pursuant to this section, or an activity center, work center, or sheltered workshop shall do all of the following:
(1) Be approved by the Chancellor.
(2) Provide that the amount contracted for per student shall not exceed the total direct and indirect costs to provide the same training in the community colleges or the tuition the private postsecondary school charges its private students, whichever is lower.
(3) Provide that the community college students receiving training in a private postsecondary school, or an activity center, work activity center, or sheltered workshop pursuant to that contract may not be charged additional tuition for any training included in the contract. The attendance of those students pursuant to a contract authorized by this section shall be credited to the community college district for the purposes of apportionments from the State School Fund.
(4) Provide that all programs, courses, and classes of instruction shall meet the standards set forth in the California State Plan for Vocational Education, or is a course of study for adult schools approved by the Department of Education under section 51056 of the Education Code.
(c) Meet the standards described in section 55620.
(d) Include the terms and conditions described in section 55630.
(e) The students who attend a private postsecondary school or an activity center, work activity center or sheltered workshop pursuant to a contract under this section shall be enrollees of the community college and the vocational instruction provided pursuant to that contract shall be under the exclusive control and management of the governing body of the contracting community college district. The Chancellor may audit the accounts of both the district and the private party involved in these contracts to the extent necessary to assure the integrity of the public funds involved.
NOTE
Authority cited: Sections 8092, 66700, 70901 and 71024, Education Code. Reference: Chapter 1, Article 5 (commencing with Section 8090), Part 6, Division 1, Section 70901 and Chapter 7 (commencing with Section 94700) of Part 59, Division 10, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 22).
3. Amendment of section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§55602.5. Contracts for Vocational Education for Students with Disabilities.
Note • History
Notwithstanding any other provision of law, the governing board of a community college district may enter into a contract with a proprietary or nonprofit organization, a public entity, or a proprietary or nonprofit private corporation to provide vocational education of community college students with disabilities. All instruction pursuant to this section shall be approved of and supervised by the governing board of the community college district and shall be conducted by academic employees. The attendance of such community college students participating in training under the provisions of this section may be claimed for purposes of state apportionment by the community college district, and college credit may be granted to students who satisfactorily complete the course of instruction.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of printing error (Register 91, No. 43).
3. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
4. Editorial correction of History 1 (Register 95, No. 22).
5. Amendment of section heading and section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55603. Instructional Purpose. [Repealed]
Note • History
NOTE
Authority cited: Sections 8092, 66700 and 70901, Education Code. Reference: Chapter 1, Article 5 (commencing with Section 8090), Division 1, Education Code.
HISTORY
1. New NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 22).
4. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55604. Application for Approval. [Repealed]
Note • History
NOTE
Authority cited: Sections 8092, 71020, 71024, Education Code. Reference: Chapter 1, Article 5 (commencing with Section 8090) of Division 1 of the Education Code.
HISTORY
1. Amendment filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
2. Amendment filed 11-15-79; effective thirtieth day thereafter (Register 79, No. 46).
3. Repealer filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
§55605. Contract Approval and Limitations.
Note • History
Vocational education contracts entered into pursuant to section 55602 shall:
(a) Not exceed one year in length;
(b) Be approved by the Chancellor;
(c) Be accompanied with an explanation of the need for intended offerings.
(d) Be maintained in conformity with applicable provisions of this division, the Education Code, the California Community Colleges Budget and Accounting Manual, and the Carl D. Perkins Career Technical Education Act of 2006 California State Plan; and
(e) Be organized and administered by community college districts in such a manner that there will be separate accounts for all income and expenditures applicable to the contract.
NOTE
Authority cited: Sections 8092, 66700, 70901 and 71024, Education Code. Reference: Article 5 (commencing with Section 8090), Chapter 1, Part 6, Division 1, Title 1, and Section 70901, Education Code.
HISTORY
1. Amendment filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
2. Repealer and new section filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
3. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
4. Editorial correction of History 3 (Register 95, No. 22).
5. Change without regulatory effect amending subsection (d) and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
6. Amendment filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55606. Administration. [Repealed]
History
HISTORY
1. Repealer filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Article 5 (commencing with section 8090), of chapter 1, part 6, division 1, title 1, Education Code.
HISTORY
1. Amendment filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
2. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
3. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
4. Editorial correction of History 3 (Register 95, No. 22).
5. Amendment of section and Note filed 3-2-2005; operative 4-1-2005. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2005, No. 10).
6. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55608. Accounting Procedure. [Repealed]
History
HISTORY
1. Repealer filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
Article 2. Contracting Standards
Note • History
The following conditions shall be used to determine the appropriateness of vocational education contracts with contractors:
(a) Manpower needs and job opportunities are identified and established for the instruction program.
(b) The program or courses do not unnecessarily duplicate offerings available in the region served.
(c) The program or courses provide vocational education opportunities not otherwise available.
(d) The programs or courses shall not reduce or supplant the vocational education efforts of any district.
(e) Eligible costs shall not exceed the same cost to provide the same training in the public entity or the tuition the private postsecondary school charges its private students, whichever is lower.
(f) The community college student may not be charged additional tuition for any training included in the contract.
(g) Each student eligible for enrollment under a contract between a community college district and a contractor must: (1) have reached his or her sixteenth birthday and (2) be enrolled in a community college.
(h) The contractor must be accredited by an accrediting agency recognized by the United States Office of Education or conform to guidelines on contractual relationships with nonaccredited organizations established by the agency accrediting the community college.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Chapter 1, Article 5 (commencing with Section 8090), Division 1, Education Code.
HISTORY
1. Amendment filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
2. Repealer and new section filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
3. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
4. Editorial correction of History 3 (Register 95, No. 22).
Article 3. Contract Provisions
Note • History
Each contract shall expressly include but not be limited to, the following provisions:
(a) The governing board of the community college district has determined, by resolution, the appropriateness of offering the program through a contract with a contractor pursuant to Education Code section 78015.
(b) Methods for identifying eligible costs and payment procedures for compliance with section 55602.
(c) Procedures, terms and conditions relating to:
(1) enrollment period;
(2) transfer of students between the community college district and contractor;
(3) number of class hours sufficient to meet the stated performance objectives;
(4) supervision and evaluation of students; and
(5) withdrawal of students prior to completion of a course or program.
(d) A description of the ancillary and support services which the district and the contractor will provide for the students including, but not limited to:
(1) counseling and guidance; and
(2) placement assistance.
(e) Provisions ensuring that instruction will be provided under the immediate supervision and control of qualified faculty of the district.
(f) Performance objectives for each instructional area and the requirement for a report by the contractor regarding accomplishment of the objectives at the end of each contract period.
(g) A requirement that the contractor maintain records of student attendance and achievement and provide such records to the community college district upon request or according to a specified schedule.
(h) Terms and conditions relating to cancellation and termination of the contract.
(i) A certification that the contractor is in compliance with title VI and VII of the Civil Rights Act of 1964 (42 U.S.C. §§2000d et seq. and 2000e et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. §§1681 et seq.), section 504 of the federal Vocational Rehabilitation Act of 1973 (29 U.S.C. §794), the Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.), the Age Discrimination Act (42 U.S.C. §6101), the U.S. Presidential Executive Order 11246 and subsequent amendments (if applicable), California Fair Employment and Housing Act (Gov. Code, §§12900 et seq.), the California Unruh Civil Rights Act (Civ. Code, §§51-53), and all applicable state and federal health and safety regulations.
(j) A requirement that the contractor provide, when required by law and at the contractor's own expense, workers' compensation insurance coverage for any student.
(k) A certification that the contractor provides indemnity and defense for the state and the community college district and their respective officers and employees, against any and all claims and liability for death, injury, loss and damage arising out of, or in any manner connected with, the performance of the contract. Such indemnity and defense shall be provided by an appropriate hold harmless clause and a policy of liability insurance coverage, the cost of which is to be borne by the contractor. Such policy shall name the Board of Governors of the California Community Colleges, the State and the community college district, along with their respective officers and employees as additional insureds.
(l) Minimum qualifications established by subchapter 4 (commencing with section 53400) of chapter 4 apply to persons who provide instruction under contracts entered into pursuant to Education Code section 8092.5, except that a district contracting for instruction under section 58058(b) may substitute a valid certificate to work or license to practice in the neighboring state for a certificate to work or license to practice in California under section 53417.
NOTE
Authority cited: Sections 8090, 66700, 70901 and 71024, Education Code. Reference: Chapter 1, Article 5 (commencing with Section 8090), Division 1 and Section 70901, Education Code.
HISTORY
1. Repealer and new section filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 22).
4. Amendment of subsections (b), (i) and (k), new subsection (l) and amendment of Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
5. Amendment filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55631. Terms and Conditions. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020, 8092, Education Code. Reference: Chapter 1, Article 5 (commencing with Section 8090) of Division 1 of the Education Code.
HISTORY
1. Amendment filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
2. Amendment of subsection (d) filed 1-16-81; effective thirtieth day thereafter (Register 81, No. 3).
3. Repealer filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
Article 4. Regional Adult and Vocational Education Councils [Repealed]
§55650. Regulations Reference. [Repealed]
Note • History
NOTE
Authority cited: Section 8023, Education Code. Reference: Article 2, Chapter 1 (commencing with Section 8020), Division 1, Education Code.
HISTORY
1. New subchapter 2 (section 55650) filed 4-22-76; effective thirtieth day thereafter (Register 76, No. 17).
2. Amendment of section and NOTE filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
3. Redesignation of subchapter 2 (section 55650) to article 4 (section 55650) filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
4. Repealer filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
5. Editorial correction of History 4 (Register 95, No. 22).
Article 5. Calculation and Payment of Excess Costs of Apprenticeship Classes
§55675. Regulations Reference.
Note • History
Pursuant to the authority vested by section 3074 of the Labor Code, the State Board of Education, the Board of Governors of the California Community Colleges and the Division of Apprenticeship Standards have jointly issued regulations regarding excess costs to be borne by program sponsors. These regulations are set forth in article 10 (commencing with section 235) of subchapter 1 of chapter 2, division 1 of title 8, California Code of Regulations, and shall govern the calculation and payment of excess costs of apprenticeship classes which are maintained in connection with community colleges.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 3074, Labor Code.
HISTORY
1. New subchapter 3 (section 55675) filed 7-8-76; effective thirtieth day thereafter (Register 76, No. 28).
2. Editorial correction replacing text inadvertently omitted during printing (Register 80, No. 9).
3. Redesignation of subchapter 3 (section 55675) to article 5 (section 55675) and amendment of NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
4. Amendment of sections submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 91, No. 23).
5. Editorial correction of first paragraph (Register 91, No. 31).
6. Change without regulatory effect amending section filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Subchapter 8. Academic Calendar
Article 1. 175-Day Minimum Academic Calendar
Note • History
The provisions of this article pertain to changes made to any traditional academic year calendar consisting of at least 35 weeks of instruction and evaluation. The conversion to a flexible calendar operation is not addressed by the provisions of this article; rather, the provisions of article 2 (commencing with section 55720) govern the flexible calendar option.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New chapter 8, articles 1-4 (sections 55700-55731, not consecutive) filed 5-7-76; effective thirtieth day thereafter (Register 76, No. 19).
2. Amendment of NOTE filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
3. Repealer of chapter 8 (articles 1-4, sections 55700-55731, not consecutive) and new chapter 8 (articles 1 and 2, sections 55700-55732, not consecutive) filed 7-26-82; designated effective 7-30-82 pursuant to Government Code section 11346.2(d) (Register 82, No. 31). For prior history, see Register 80, No. 11.
4. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
5. Editorial correction of History 4 (Register 95, No. 22).
6. Amendment filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55700.1. Studies on a Quarter System, Trimester Basis or Flexible Calendar.
Note • History
At the request of a community college district, the Chancellor may approve a program of studies on a quarter system or a trimester basis, or a flexible calendar.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 22).
§55701. College and Academic Year.
Note • History
(a) The “college year” begins on the first day of July and ends on the last day of June. The “academic year” means that portion of the college year during which the community college is maintained, which period shall include not less than 175 days of instruction as defined by section 58120. The academic year does not include summer or other intersessions.
(b) Under no circumstances may a district adopt an academic calendar which results in provision of less than 32 weeks of instruction (inclusive of days of final examination) during the primary terms of each academic year. Nor may a district adopt an academic calendar which would result in fewer hours of instruction per unit of credit awarded than permitted pursuant to section 55002.5.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
2. Amendment filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Note • History
(a) Prior to any change in academic year configuration, including the addition, deletion, shortening or lengthening of any primary term, the governing board of a district shall obtain the approval of the Chancellor.
(b) Requests for approval shall be made on a form provided by the Chancellor, and shall address or provide:
(1) A complete description of the calendar configuration;
(2) The district's ability to comply with the 175-Day Rule as provided in section 58142; and
(3) The educational implications, positive and negative, of the proposed change.
(c) The Chancellor shall approve a requested change in a college's academic year configuration if it is found that:
(1) The state aid implications of the requested change have been addressed; and
(2) The district will be able to comply with the 175-Day Rule; and
(3) The change in configuration is consistent with the continued delivery of quality education.
NOTE
Authority cited: Sections 66700, 70901, and 84890, Education Code. Reference: Section 84890, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of printing error in NOTE (Register 91, No. 43).
3. Editorial correction of History 1 (Register 95, No. 22).
4. Amendment of subsections (a), (b) and (c) filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Article 2. Flexible Calendar Operations
§55720. Operating Under Flexible Calendar; Accountability of Employees; Activities.
Note • History
(a) Subject to the approval of the Chancellor pursuant to section 55724, a community college district may designate an amount of time in each fiscal year for employees to conduct staff, student, and instructional improvement activities. These activities may be conducted at any time during the fiscal year. The time designated for these activities shall be known as “flexible time.”
(b) A district with an approved flexible calendar may designate as flexible time for an employee not more than 8.57 percent of that employee's contractual obligation for hours of classroom instruction which are eligible for state apportionments in that academic year, exclusive of any intersessions.
(c) Under no circumstances may a district operate a flexible calendar program which results in an academic calendar which would be inconsistent with the requirements of subdivision (b) of section 55701.
NOTE
Authority cited: Sections 66700, 70901 and 84890, Education Code. Reference: Sections 70901 and 84890, Education Code.
HISTORY
1. Amendment of subsection (b) filed 3-7-85; effective thirtieth day thereafter (Register 85, No. 10).
2. Repealer and new section filed 10-25-91; operative 11-24-91 (Register 92, No. 7).
3. Editorial correction of printing error in section heading (Register 92, No. 18)
4. Amendment of subsections (a) and (c) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
5. Amendment of section heading and subsection (a) and repealer of subsection (c) filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
6. Amendment of section heading and new subsection (c) filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55722. Schedule Configurations.
Note • History
A flexible calendar is a community college calendar and course scheduling plan pursuant to Section 84890 of the Education Code and Section 55720 of this Part which may include, but is not limited to, the following scheduling configurations:
(a) 4-1-4 calendar comprised of two 16-week semesters with an intersession;
(b) traditional semester or quarters with some or all courses scheduled irregularly with respect to the number of times the course meets per week or the number of hours the courses meet during the scheduled days;
(c) modular scheduling for all or part of the courses within the traditional semester, quarter, or academic year;
(d) courses scheduled for student enrollment on an open entry-open exit basis:
(e) courses scheduled independently of any term configuration; or
(f) a combination of any one or more of the configurations in subdivisions (a) through (e).
NOTE
Authority cited: Sections 66700, 70901 and 84890, Education Code. Reference: Sections 70901 and 84890, Education Code.
HISTORY
1. Amendment filed 6-8-83; effective thirtieth day thereafter (Register 83, No. 24).
2. Repealer filed 3-7-85; effective thirtieth day thereafter (Register 85, No. 10).
3. New section filed 10-25-91; operative 11-24-91 (Register 92, No. 7).
Note • History
(a) The governing board of a district wishing to conduct a flexible calendar pursuant to this article shall obtain the advance approval of the Chancellor. The request for approval shall be on a form provided by the Chancellor, and shall address at least the following:
(1) A complete description of the calendar configuration.
(2) The number of days of instruction and evaluation which will meet the requirements of the 175-Day Rule (Section 58120 of this part).
(3) The number of days during which instructional staff will participate in staff, student, and instructional improvement activities in lieu of part of regular classroom instruction.
(4) The activities which college personnel will be engaged in during their designated staff, student and instructional improvement days. Activities for college personnel may also include, but need not be limited to, the following:
(A) course instruction and evaluation;
(B) staff development, in-service training and instructional improvement.
(C) program and course curriculum or learning resource development and evaluation;
(D) student personnel services;
(E) learning resource services;
(F) related activities, such as student advising, guidance, orientation, matriculation services, and student, faculty, and staff diversity;
(G) departmental or division meetings, conferences and workshops, and institutional research;
(H) other duties as assigned by the district;
(I) the necessary supporting activities for the above;
(5) A certification that all college personnel, as defined, will be involved in at least one of the activities authorized in subsection (4). For the purposes of this section, “all college personnel” shall include any district employee specified by the district in its approved plan to participate in such activities; and
(6) A certification that the district will fully implement the provisions of Section 55730, as well as a description of the current status of such implementation, and a timetable for completion of the initial implementation.
(b) The Chancellor shall approve a request which is found to be complete and meets the requirements of law.
NOTE
Authority cited: Sections 66700, 70901 and 84890, Education Code. Reference: Section 84890, Education Code.
HISTORY
1. Amendment filed 10-25-91; operative 11-24-91 (Register 92, No. 7).
§55726. Activities During Designated Days.
Note • History
(a) For each instructor specified by the district to participate in staff, student, and instructional improvement activities in lieu of classroom instruction the district shall enter into an agreement with such employee specifying the particular activities during the designated days which the instructor will perform in lieu of classroom instruction. The agreement shall also specify the number of classroom hours which are being substituted with such activities, and the number of hours the instructor is required to spend carrying out the in-lieu-of instruction activities. The required hours of in-lieu-of instruction activities must at least be equal to the sum of the classroom hours from which the instructor is released plus those out-of-classroom hours of responsibilities which will no longer need to be performed as the result of being released from classroom instruction.
(b) For each employee specified by the district to participate in staff, student and instructional improvement activities during the designated days the district shall also maintain records on the type and number of activities assigned, and the number of such employees participating in these activities.
NOTE
Authority cited: Sections 66700, 70901 and 84890, Education Code. Reference: Section 84890, Education Code.
HISTORY
1. Amendment of Note filed 10-25-91; operative 11-24-91 (Register 92, No. 7).
§55728. Flexible Calendar Attendance Reporting.
Note • History
(a) On forms provided by the Chancellor, districts with approved flexible calendar operations shall report at least the following:
(1) the total hours of classroom assignments (teaching time) which instructors specified in the district's approved plan were required to teach;
(2) of the total in Subsection (a)(1), the total faculty contact hours of instruction for which staff, student, and instructional improvement activities are being substituted. This total of faculty contact hours shall further be reported in terms of credit and noncredit faculty contact hours of instruction; and
(3) the number of faculty contact hours of instruction for which instruction during the designated days is being substituted. Such instruction during the designated days meeting the attendance accounting standards may be claimed for apportionment; and the faculty contact hours shall not be eligible for adjustment pursuant to Section 55729.
(b) Districts with approved flexible calendar operations shall also report such additional data as deemed necessary by the Chancellor including any data necessary to compute the FTES adjustment specified in Section 55729.
NOTE
Authority cited: Sections 66700, 70901 and 84890, Education Code. Reference: Section 84890, Education Code.
HISTORY
1. New section filed 11-10-82; effective thirtieth day thereafter (Register 82, No. 46).
2. Amendment filed 10-25-91; operative 11-24-91 (Register 92, No. 7).
3. Amendment of subsections (a)(1), (a)(3), (b) and Note filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
4. Amendment of subsections (a)(2)-(b) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
§55729. Full-Time Equivalent Student (FTES) Units; Adjustments to Reflect Activities; Computation by Multiplier Factor.
Note • History
(a) The Chancellor's Office shall adjust the actual units of full-time equivalent student of a district operating under a plan approved in accordance with this article to reflect the conduct of staff, student, and instructional improvement activities in lieu of scheduled instruction during flexible time. The adjusted units of full-time equivalent student shall be computed by multiplying the actual units of full-time equivalent student in the academic year, exclusive of any intersessions, computed pursuant to section 58003.1, by a factor which does not change the full-time equivalent student which would have otherwise been generated if the time for the improvement activities had not been permitted and scheduled instruction had instead taken place.
(b) For courses other than those described in subdivision (b) of section 58003.1, the multiplier factor shall equal the sum of the following:
(1) 1.0; and
(2) the total of all the actual hours of flexible time of all instructors pursuant to section 55720 in the fiscal year, divided by the total of all the actual hours of classroom instruction of all instructors in the academic year, exclusive of any intersessions.
(c) For those courses described in subdivision (b) of section 58003.1, this multiplier factor shall equal the term length multiplier applicable to the district.
(d) The Chancellor shall also withhold the appropriate amount of state aid whenever there is a final audit finding that an instructor did not spend at least as much time performing staff, student, and instructional improvement activities as the amount of time he or she was released from classroom instruction.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
2. Amendment of section heading and text filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Amendment of subsections (a), (b), (b)(2) and (c) filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§55730. Ongoing Responsibilities of Districts.
Note • History
A district conducting an approved flexible calendar shall do all of the following to ensure effective use of resources during flex days:
(a) conduct and annually update a survey of the most critical staff, student, and instructional improvement needs in the district;
(b) develop and carry out a plan of activities to address the critical needs;
(c) maintain records on the description, type and number of activities scheduled and the number of district employees and students participating in these activities;
(d) evaluate annually the effectiveness of conducted activities and update the plan to reflect needed changes;
(e) appoint and hold regular meetings of an advisory committee composed of faculty, students, administrators and other interested persons to make recommendations on staff, student, and instructional improvement activities; and
(f) provide, upon request of the Chancellor, copies of documents and information specified in Subsections (a) through (d), inclusive.
NOTE
Authority cited: Sections 66700, 70901 and 84890, Education Code. Reference: Section 84890, Education Code.
HISTORY
1. Amendment filed 10-25-91; operative 11-24-91 (Register 92, No. 7).
§55732. Ongoing Responsibilities of the Chancellor.
Note • History
The Chancellor shall:
(a) Adjust state aid for districts with approved flexible calendar operations in accordance with the provisions of section 55729;
(b) Periodically review documentation from selected districts to determine whether they are in compliance with the provisions of sections 55720, 55726, 55728, and 55730, and to determine whether they are conducting their flexible calendar operations in a manner consistent with the approved requests. Districts which are found to be out of compliance shall be notified and be given an opportunity to respond; and
(c) Terminate approval of any flexible calendar operation if it is found that the district has, without good cause:
(1) failed to conduct its flexible calendar operation in a manner consistent with its approved request;
(2) failed to comply with the requirements of section 55720;
(3) failed to carry out the responsibilities specified in section 55726; or
(4) failed to meet its ongoing responsibilities as specified in section 55730.
NOTE
Authority cited: Sections 66700, 70901 and 84890, Education Code. Reference: Section 84890, Education Code.
HISTORY
1. Amendment filed 10-25-91; operative 11-24-91 (Register 92, No. 7).
2. Amendment filed 5-15-93; operative 6-14-93 (Register 93, No. 25).
3. Amendment of subsections (a)-(b), new subsection (c)(2) and subsection renumbering filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55750. Regulations. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 76000, Education Code.
HISTORY
1. New chapter 9 (sections 55750-55765) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 22).
4. Repealer of subchapter 9 (sections 55750-55765) and section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55751. Grading Practices. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901, 71020, and 71024, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 22).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55752. Credit-No Credit Options. [Repealed]
Note • History
NOTE
Authority cited: Sections 70901 and 71020, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 22).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55753. Credit by Examination. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 22).
3. Amendment filed 1-4-2002; operative 7-1-2002. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2002, No. 8).
4. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55753.5. Articulation of High School Courses. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66700, 70901 and 70902, Education Code.
HISTORY
1. New section filed 1-4-2002; operative 7-1-2002. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2002, No. 8).
2. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55753.7. Advanced Placement Examinations. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66700, 70901 and 70902, Education Code.
HISTORY
1. New section filed 1-4-2002; operative 7-1-2002. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2002, No. 8).
2. Change without regulatory effect amending second paragraph and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55754. Standards for Probation. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 76000, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 22).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55755. Removal from Probation. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 76000, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 22).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55756. Standards for Dismissal. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 76000, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 22).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55756.5. Remedial Coursework Limit. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 84500, Education Code; and Statutes of 1988, Chapter 973, Section 68.
HISTORY
1. New section filed 6-5-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 7-6-90. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 90, No. 37).
2. Amendment of section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55757. Units Attempted. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 76000, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 22).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55758. Academic Record Symbols and Grade Point Average. [Repealed]
Note • History
NOTE
Authority cited: Section 70901, Education Code. Reference: Sections 70901, 70902 and 76000, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment of subsection (c) filed 5-20-91 and submitted to OAL on 5-24-91 for printing only pursuant to Education Code section 10901.5; operative 6-19-91 (Register 91, No. 31).
3. Editorial correction of printing error in NOTE (Register 91, No. 43).
4. Editorial correction restoring omitted definition of “Military Withdrawal” and its History Note (Register 92, No. 5).
5. Editorial correction of History 1 (Register 95, No. 22).
6. Amendment of subsection (a), new subsection (b), subsection relettering, amendment of newly designated subsection (c), and amendment of Note filed 1-12-98; operative 2-11-98. Submitted to OAL for printing only (Register 98, No. 3).
7. Amendment of subsection (a), new subsection (c), subsection relettering, and amendment of newly designated subsections (d) and (e) filed 12-8-2000; operative 1-7-2001. Submitted to OAL for printing only (Register 2000, No. 50).
8. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55758.5. Grade Point Averaging. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 10-25-91; operative 11-24-91 (Register 92, No. 7).
2. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55759. Notification of Probation and Dismissal. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of printing error (Register 91, No. 43).
3. Editorial correction of History 1 (Register 95, No. 22).
4. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55760. Grade Changes. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 76224, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 22).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55761. District Policy for Course Repetition. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 22).
3. Amendment filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
4. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55762. Course Repetition: Implementation. [Repealed]
Note • History
NOTE
Authority cited: Section 70901, Education Code. Reference: Sections 70901, 70902 and 76224, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 22).
3. Repealer of subsection (d), subsection relettering, and amendment of Note filed 3-25-98; operative 4-24-98. Submitted to OAL for printing only (Register 98, No. 14).
4. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55763. Course Repetition: Special Circumstances. [Repealed]
Note • History
NOTE
Authority cited: Section 70901, Education Code. Reference: Sections 70901, 70902 and 76000, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 22).
3. Amendment of section and Note filed 3-25-98; operative 4-24-98. Submitted to OAL for printing only (Register 98, No. 14).
4. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55764. District Policy for Academic Renewal Without Course Repetition. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 76224, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 22).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55765. Academic Renewal Without Course Repetition: Implementation. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 76224, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of printing error in NOTE (Register 91, No. 43).
3. Editorial correction of History 1 (Register 95, No. 22).
4. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Subchapter 9. Libraries
§55800. Annual Report to Chancellor.
Note • History
The governing board of each community college district shall, on or before August 31st of each year, report to the Chancellor on the condition of district libraries, for the preceding fiscal year. The report shall, in addition to other matters deemed appropriate by the governing board or the librarians, contain such statistical and other information as is deemed desirable by the Chancellor. For this purpose the Chancellor may send to the districts instructions and/or forms so as to obtain the material for a comparative study of library conditions in the state.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New chapter 10 (sections 55800-55810, not consecutive) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 22).
4. Repealer of former subchapter 10 (sections 55800-55810), new subchapter 9 (section 55800) and repealer and new section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55800.5. Minimum Credit Hours for Graduation from Two-Year Course. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 22).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55801. Definitions. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 22).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55802. Associate in Arts Degree (Applicable Until July 1, 1983). [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66701 and 70901, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 22).
3. Repealer filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§55803. Associate in Science Degree (Applicable Until July 1, 1983). [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66701 and 70901, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 22).
3. Repealer filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§55805. Philosophy and Criteria for Associate Degree and General Education. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66701, 70901 and 70902, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 22).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55805.5. Types of Courses Appropriate to the Associate Degree. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66701, 70901 and 70902, Education Code.
HISTORY
1. New section filed 10-7-88; operative 11-6-88 (Register 88, No. 42).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 22).
4. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55806. Minimum Requirements for the Associate Degree. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. Editorial correction of subsection (b)(1)(A) filed 7-19-83; designated effective 8-12-83 (Register 83, No. 29).
2. New section filed 10-7-88; operative 11-6-88 (Register 88, No. 42).
3. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
4. Editorial correction of printing error in NOTE (Register 91, No. 43).
5. Editorial correction of History 3 (Register 95, No. 22).
6. Amendment of section heading, first paragraph, subsections (a), (b)(1)-(b)(1)(A), (b)(2) and (c) and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
7. Amendment filed 11-29-2006; operative 12-29-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 2).
8. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55807. Conversion to Credit. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66701, 70901 and 78405, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 22).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55808. Certificate of Achievement. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66701, 70901 and 70902, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 22).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55809. Duty to Grant Diploma. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 22).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55810. Implementation by Governing Boards. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66701, 70901 and 70902, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 22).
3. Change without regulatory effect repealing section filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Subchapter 11. New Colleges and Education Centers [Repealed]
§55825. Responsibilities of District Governing Boards. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901 and 81805, Education Code. Reference: Sections 66700, 81800 and 81805, Education Code.
HISTORY
1. New chapter 11 (sections 55825-55831, not consecutive) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of printing error (Register 91, No. 43).
4. Editorial correction of History 2 (Register 95, No. 22).
5. Repealer of former subchapter 11 (sections 55825-55831) and section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55827. Definitions. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 66700, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment of subsections (a), (a)(3) and (b) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Editorial correction of History 1 (Register 95, No. 22).
4. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55828. Responsibilities of the Chancellor's Office, Community College Districts and the Board of Governors. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901 and 81805, Education Code. Reference: Sections 66700, 81800 and 81805, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 22).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55829. Assessment of Needs and Preferences. [Repealed]
History
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 22).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55830. Identification of Objectives. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66700 and 81810, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 22).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55831. Analysis of Alternative Delivery Systems. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66700 and 81810, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 22).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Subchapter 12. Libraries [Repealed]
§55840. Appointment and Qualification of District Librarian. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. New subchapter 12 heading filed 5-15-93; operative 6-14-93 (Register 93, No. 25).
3. Editorial correction of History 1 (Register 95, No. 22).
4. Repealer of former subchapter 12 (sections 55840-55841) and section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§55841. Annual Report by Governing Board to Department of Education. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 22).
3. Repealer filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Chapter 7. Special Programs
Subchapter 1. Disabled Student Programs and Services
Article 1. General Provisions and Definitions
Note • History
This subchapter applies to community college districts offering support services, or instruction through Disabled Student Programs and Services (DSPS), on and/or off campus, to students with disabilities pursuant to Education Code sections 67310 et seq. and 84850.
Programs receiving funds allocated pursuant to Education Code section 84850 shall meet the requirements of this subchapter. Any support services or instruction funded, in whole or in part, under the authority of this subchapter must:
(a) not duplicate services or instruction which are otherwise available to all students;
(b) be directly related to the educational limitations of the verified disabilities of the students to be served;
(c) be directly related to the students' participation in the educational process;
(d) promote the maximum independence and integration of students with disabilities; and
(e) support participation of students with disabilities in educational activities consistent with the mission of the community colleges as set forth in Education Code section 66010.4.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310 et seq. and 84850, Education Code.
HISTORY
1. Repealer of chapter 1 (sections 56000-56062) and new chapter 1 (sections 56000-56088, not consecutive) filed 12-17-76 as an emergency; effective upon filing. Designated inoperative 90 days after filing (Register 76, No. 51). For prior history, see Register 73, No. 44.
2. Repealer of chapter 1 (sections 56000-56088, not consecutive) and new chapter 1 (sections 56000-56088) filed 3-15-77; effective thirtieth day thereafter (Register 77, No. 12).
3. Amendment of section and NOTE filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
4. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
5. Repealer of chapter 1 (sections 56000-56088, not consecutive) and new chapter 1 (sections 56000-56088, not consecutive) filed 3-29-88; operative 4-28-99 (Register 88, No. 16).
6. Amendment of first and second paragraphs, repealer of subsections (a) and (f), amendment of newly designated subsections (a)-(d), new subsection (e), and amendment of Note filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
7. Change without regulatory effect amending first two paragraphs, subsection (e) and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§56002. Student with a Disability.
Note • History
A “student with a disability” or “disabled student” is a person enrolled at a community college who has a mental or physical disability as defined in Government Code section 12926 which imposes an educational limitation as defined in section 56004. For purposes of reporting to the Chancellor under section 56030, students with disabilities shall be reported in the categories described in sections 56032-44.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310 et seq. and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No. 18.
2. Repealer and new section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
3. Amendment of section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§56004. Educational Limitation.
Note • History
As used in this subchapter, “educational limitation” means disability related functional limitation in the educational setting. This occurs when the limitation prevents the student from fully benefiting from classes, activities, or services offered by the college to nondisabled students, without specific additional support services or instruction as defined in Section 56005.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No. 18.
2. Repealer and new section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
§56005. Support Services or Instruction.
Note • History
As used in this subchapter, “support services or instruction” means any one or more of the services listed in Section 56026, special class instruction authorized under Section 56028, or both.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No. 18.
2. New section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
§56006. Determination of Eligibility.
Note • History
(a) In order to be eligible for support services or instruction authorized under this chapter, a student with a disability must have an impairment which is verified pursuant to subdivision (b) which results in an educational limitation identified pursuant to subdivision (c) of this section.
(b) The existence of an impairment may be verified, using procedures prescribed by the Chancellor, by one of the following means:
(1) observation by DSPS professional staff with review by the DSPS coordinator;
(2) assessment by appropriate DSPS professional staff; or
(3) review of documentation provided by appropriate agencies or certified or licensed professionals outside of DSPS.
(c) The student's educational limitations must be identified by appropriate DSPS professional staff and described in the Student Education Contract (SEC) required pursuant to Section 56022. Eligibility for each service provided must be directly related to an educational limitation consistent with Section 56000(b) and Section 56004.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No. 18.
2. Repealer and new section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
Note • History
(a) Participation by students with disabilities in Disabled Student Programs and Services shall be entirely voluntary.
(b) Receiving support services or instruction authorized under this subchapter shall not preclude a student from also participating in any other course, program or activity offered by the college.
(c) All records maintained by DSPS personnel pertaining to students with disabilities shall be protected from disclosure and shall be subject to all other requirements for handling of student records as provided in Subchapter 2 (commencing with Section 54600) of Chapter 5 of this Division.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No. 18.
2. Repealer and new section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
§56010. Student Responsibilities.
Note • History
(a) Students receiving support services or instruction under this subchapter shall:
(1) comply with the student code of conduct adopted by the college and all other applicable statutes and regulations to student conduct;
(2) be responsible in their use of DSPS services and adhere to written service provision policies adopted by DSPS; and
(3) make measurable progress toward the goals established in the student's Student Educational Contract or, when the student is enrolled in a regular college course, meet academic standards established by the college pursuant to subchapter 1 of chapter 6.
(b) A district may adopt a written policy providing for the suspension or termination of DSPS services where a student fails to comply with subdivisions (a)(2) or (a)(3) of this section. Such policies shall provide for written notice to the student prior to the suspension or termination and shall afford the student an opportunity to appeal the decision. Each student shall be given a copy of this policy upon first applying for services from DSPS.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-67312 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No. 18.
2. Repealer and new section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
3. Amendment of subsection (a)(3) filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
§56012. Communication Disability.
Note • History
NOTE
Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code.
HISTORY
1. New section filed 3-29-88; operative 4-28-88 (Register 88, No. 16).
2. Repealer filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
Note • History
NOTE
Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code.
HISTORY
1. New section filed 3-29-88; operative 4-28-88 (Register 88, NO. 16).
2. Repealer filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
§56016. Acquired Brain Injury.
Note • History
NOTE
Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No. 18.
2. Repealer filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
§56018. Developmentally Delayed Learner.
Note • History
NOTE
Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No.18.
2. Repealer filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
Article 2. DSPS Services
§56020. Availability of Services.
Note • History
Each community college district receiving funds pursuant to this subchapter shall employ reasonable means to inform all students and staff about the support services or instruction available through the DSPS program.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No. 18.
2. Amendment and repositioning of article 2. heading and repealer and new section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
§56022. Student Educational Contract.
Note • History
A Student Educational Contract (SEC) is a plan to address specific needs of the student. An SEC must be established upon initiation of DSPS services and shall be reviewed and updated annually for every student with a disability participating in DSPS. The SEC specifies those regular and/or special classes and support services identified and agreed upon by both the student and DSPS professional staff as necessary to meet the student's specific educational needs. The SEC shall be reviewed annually by a DSPS professional staff person to determine whether the student has made progress toward his/her stated goals(s).
Whenever possible the SEC shall serve as the Student Educational Plan (SEP) and shall meet the requirements set forth in Section 55525 of this division. In addition, for students in noncredit special classes, each SEC shall include, but need not be limited to a description of the criteria used to evaluate the student's progress.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No. 18.
2. Amendment of section heading, section and Note filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
3. Editorial correction of Note (Register 2006, No. 17).
Note • History
NOTE
Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No. 18.
2. Repealer filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
Note • History
Support services are those specialized services available to students with disabilities as defined in Section 56002, which are in addition to the regular services provided to all students. Such services enable students to participate in regular activities, programs and classes offered by the college. They may include, but need not be limited to:
(a) Basic fixed cost administrative services associated with the ongoing administration and operation of the DSPS program. These services include:
(1) Access to and arrangements for adaptive educational equipment, materials and supplies required by students with disabilities;
(2) Job placement and development services related to transition to employment;
(3) Liaison with campus and/or community agencies, including referral to campus or community agencies and follow-up services;
(4) Registration assistance relating to on or off-campus college registration, including priority enrollment assistance, application for financial aid and related college services;
(5) Special parking, including on-campus parking registration or, while an application for the State handicapped placard or license plate is pending, provision of a temporary parking permit.
(6) Supplemental specialized orientation to acquaint students with environmental aspects of the college and community.
(b) Continuing variable cost services which fluctuate with changes in the number of students or the unit load of the students. These services include, but are not limited to:
(1) Test-taking facilitation, including arrangement, proctoring and modification of test and test administration for students with disabilities;
(2) Assessment, including both individual and group assessment not otherwise provided by the college to determine functional educational and vocational levels or to verify specific disabilities;
(3) Counseling, including specialized academic, vocational, personal, and peer counseling services specifically for students with disabilities, not duplicated by ongoing general counseling services available to all students;
(4) Interpreter services, including manual and oral interpreting for hearing-impaired students;
(5) mobility ability assistance (on-campus), including manual or motorized transportation to and from college courses and related educational activities;
(6) notetaker services, to provide assistance to students with disabilities in the classroom;
(7) reader services, including the coordination and provision of services for students with disabilities in the instructional setting;
(8) speech services provided by a licensed speech/language pathologist for students with verified speech disabilities;
(9) transcription services, including, but not limited to, the provision of braille and print materials;
(10) transportation assistance (off-campus), only if not otherwise provided by the college to all students, where public accessible transportation is unavailable, and is deemed inadequate by the Chancellor's Office;
(11) specialized tutoring services not otherwise provided by the college;
(12) outreach activities designed to recruit potential students with disabilities to the college;
(13) accommodations for participation in co-curricular activities directly related to the student's enrollment in state-funded educational courses or programs; and
(14) repair of adaptive equipment donated to the DSPS program or purchased with funds provided under this subchapter.
(c) One-time variable costs for purchase of DSPS equipment, such as adapted educational equipment, materials, supplies and transportation vehicles.
NOTE
Authority cited; Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No. 18.
2. Amendment of section heading, section and Note filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
§56027. Academic Accommodations.
Note • History
Each community college district receiving funding pursuant to this subchapter shall establish a policy and procedure for responding to, in a timely manner consistent with Section 53203 of this division, accommodation requests involving academic adjustments. This procedure shall provide for an individualized review of each request. The procedure shall also permit the Section 504 Coordinator, or other designated district official with knowledge of accommodation requirements, to make an interim decision pending a final resolution.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
HISTORY
1. New section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
§56028. Special Classes Instruction.
Note • History
Special classes are instructional activities designed to address the educational limitations of students with disabilities who would be unable to substantially benefit from regular college classes even with appropriate support services or accommodations. Such classes generate revenue based on the number of full-time equivalent students (FTES) enrolled in the classes.
Such classes shall be open to enrollment of students who do not have disabilities, however, to qualify as a special class, a majority of those enrolled in the class must be students with disabilities.
Special classes offered for credit or noncredit shall meet the applicable requirements for degree credit, non-degree credit, or noncredit set forth in Sections 55002 and 55705.5 of this part. In addition, special classes shall:
(a) Be designed to enable students with disabilities to compensate for educational limitations and/or acquire the skills necessary to complete their educational objectives;
(b) Employ instructors who meet minimum qualifications set forth in Section 53414 of this Division.
(c) Utilize curriculum, instructional methods, or materials specifically designed to address the educational limitations of students with disabilities. Curriculum committees responsible for reviewing and/or recommending special class offerings shall have or obtain the expertise appropriate for determining whether the requirements of this section are satisfied; and
(d) Utilize student/instructor ratios determined to be appropriate by the District given the educational limitations of the students with disabilities enrolled in each class. Class size should not be so large as to impede measurable progress or to endanger the well-being and safety of students or staff.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
HISTORY
1. New section filed 3-29-88 operative 4-29-88 (Register 88, No. 16).
2. Amendment of section heading, section and Note filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
§56029. Special Class Repeatability.
Note • History
Repetition of special classes is subject to the provisions of article 4 (commencing with section 55040) of subchapter 1 of chapter 6 and section 58161. However, districts are authorized to permit additional repetitions of credit or noncredit special classes to provide an accommodation to a student's educational limitations pursuant to state and federal nondiscrimination laws. Districts shall develop policies and procedures providing for repetition under the following circumstances:
(a) When continuing success of the student in other general and/or special classes is dependent on additional repetitions of a specific special class;
(b) When additional repetitions of a specific special class are essential to completing a student's preparation for enrollment into other regular or special classes; or
(c) When the student has a student educational contract which involves a goal other than completion of the special class in question and repetition of the course will further achievement of that goal.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-67312 and 84850, Education Code; and title 29 United States Code section 794.
HISTORY
1. New section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
2. Amendment of section heading, first paragraph, subsection (a) and Note filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
3. Amendment of first paragraph filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
Article 3. Reports, Plans and Program Requirements
§56030. Reporting Requirements.
Note • History
Each community college district receiving funding pursuant to this subchapter shall submit such reports (including budget and fiscal reports described in Article 4) as the Chancellor may require. When submitting such reports, districts shall use the disability categories set forth in Sections 56032-44 and shall conform to the reporting format, procedures, and deadlines the Chancellor may additionally prescribe.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No. 18.
2. Amendment and repositioning of article 3. heading and repealer and new section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
Note • History
Physical disability means a visual, mobility or orthopedic impairment.
(a) Visual impairment means total or partial loss of sight.
(b) Mobility or orthopedic impairment means a serious limitation in locomotion or motor function.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No. 18.
2. Repealer and new section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
§56034. Communication Disability.
Note • History
Communication disability is defined as an impairment in the processes of speech, language or hearing.
(a) Hearing impairment means a total or partial loss of hearing function which impedes the communication process essential to language, educational, social and/or cultural interactions.
(b) Speech and language impairments mean one or more speech/language disorders of voice, articulation, rhythm and/or the receptive and expressive processes of language.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
Note • History
Learning disability is defined as a persistent condition of presumed neurological dysfunction which may exist with other disabling conditions. This dysfunction continues despite instruction in standard classroom situations. To be categorized as learning disabled, a student must exhibit:
(a) Average to above-average intellectual ability;
(b) Severe processing deficit(s);
(c) Severe aptitude-achievement discrepancy(ies); and
(d) Measured achievement in an instructional or employment setting.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No. 18.
2. Repealer and new section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
§56038. Acquired Brain Impairment.
Note • History
Acquired brain impairment means a verified deficit in brain functioning which results in a total or partial loss of cognitive, communicative, motor, psycho-social, and/or sensory-perceptual abilities.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No. 18.
2. Repealer and new section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
§56040. Developmentally Delayed Learner.
Note • History
The developmentally delayed learner is a student who exhibits the following:
(a) below average intellectual functioning; and
(b) potential for measurable achievement in instructional and employment settings.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No. 18.
2. Repealer and new section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
§56042. Psychological Disability.
Note • History
(a) Psychological disability means a persistent psychological or psychiatric disorder, or emotional or mental illness.
(b) For purposes of this subchapter, the following conditions are not psychological disabilities:
(1) transvestitism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
(2) compulsive gambling, kleptomania, or pyromania; and
(3) psychoactive substance abuse disorders resulting from current illegal use of drugs.
(c) In developing the allocation formula required under Section 56072, the Chancellor shall assign a zero weight to students with psychological disabilities until such time as the state budget provides additional funds to serve this population.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No. 18.
2. Repealer and new section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
Note • History
This category includes all students with disabilities, as defined in Section 56002, who do not fall into any of the categories described in Sections 56032-42, but who indicate a need for support services or instruction provided pursuant to Sections 56026 and 56028.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No. 18.
2. Editorial correction of printing error in subsection (a) (Register 91, No. 31).
3. Repealer and new section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
Note • History
(a) Each district receiving funding pursuant to this subchapter shall submit to the Chancellor, at such times as the Chancellor shall designate, a DSPS program plan for each college within the district. Upon approval by the Chancellor, the plan shall be a contract between the District and the Chancellor. Expenditures of funds appropriated pursuant to this subchapter must conform to the approved plan.
(b) Each district shall submit updates to its program plan to the Chancellor upon request.
(c) The program plan shall be in the form prescribed by the Chancellor and shall contain at least all of the following:
(1) long-term goals of the DSPS program;
(2) the short-term measurable objectives of the program;
(3) the activities to be undertaken to accomplish the goals and objectives; and
(4) a description of the methods used for program evaluation.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No.18.
2. Amendment of section heading, section and Note filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
Note • History
(a) Persons employed pursuant to this subchapter as counselors or instructors of students with disabilities shall meet minimum qualifications set forth in Section 53414 of Subchapter 4 of Chapter 4 of this Division.
(b) Each district receiving funds pursuant to this subchapter shall designate a DSPS Coordinator for each college in the district. For the purpose of this section, the Coordinator is defined as that individual who has responsibility for the day-to-day operation of DSPS. The designated Coordinator must meet the minimum qualifications for a DSPS counselor or instructor set forth in Section 53414(a) through (d) or meet the minimum qualifications for an educational administrator set forth in Section 53420 and, in addition, have two (2) years full-time experience or the equivalent within the last four (4) years in one or more of the following fields:
(1) instruction or counseling or both in a higher education program for students with disabilities;
(2) administration of a program for students with disabilities in an institution of higher education;
(3) teaching, counseling or administration in secondary education, working predominantly or exclusively in programs for students with disabilities; or
(4) administrative or supervisory experience in industry, government, public agencies, the military, or private social welfare organizations, in which the responsibilities of the position were predominantly or exclusively related to persons with disabilities.
(c) Districts receiving funding pursuant to this subchapter may also employ classified and/or paraprofessional support staff. Support staff shall function under the direction of a DSPS counselor, instructor, or Coordinator as appropriate for the support services or instruction being provided.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No. 18.
2. Repealer and new section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
Note • History
Each district receiving funds pursuant to this subchapter shall establish, at each college in the district, an advisory committee which shall meet not less than once per year.
The advisory committee shall, at a minimum, include a student with disabilities and representatives of the disability community and agencies or organizations serving persons with disabilities.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310 et seq. and 84850, Education Code.
HISTORY
1. New section filed 3-29-88; operative 4-28-88 (Register 88, No. 16).
2. Repealer and new section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
3. Change without regulatory effect amending second paragraph and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
The Chancellor shall conduct evaluations of DSPS programs to determine their effectiveness. Each college shall be evaluated at least once every five years. The evaluation shall at a minimum, provide for the gathering of outcome data, staff and student perceptions of program effectiveness, access requirements of the Americans with Disabilities Act (42 USC 12101 et seq.), Section 504 of the Federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), compliance with Education Code Section 67311.5 with respect to parking for persons with disabilities, and data on the implementation of the program as outlined in Education Code Section 84850.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code; and 29 U.S.C. Sec. 794.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No. 18.
2. Amendment of section and Note filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
Note • History
(a) Community college districts receiving funding pursuant to this subchapter shall cooperate to the maximum extent possible with the Chancellor in carrying out special projects. Such projects may include, but are not limited to, task force meetings, research studies, model programs, conferences, training seminars, and other activities designed to foster program development and accountability. Such special projects shall be funded from the three percent set aside authorized pursuant to Education Code Section 84850(e).
(b) Where such special projects fund services to students, such students need not meet the eligibility criteria otherwise required under this subchapter, but such students shall meet any eligibility requirements which the Chancellor may prescribe.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
§56056. Authorized Professional Staff.
Note • History
NOTE
Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-888 (Register 88, No. 16). For prior history, see Register 83, No.18.
2. Repealer filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
§56058. Coordinator of Disabled Student Programs and Services.
Note • History
NOTE
Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No. 18.
2. Repealer filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
Article 4. Funding And Accountability
Note • History
Any community college district shall be entitled to receive funding pursuant to Education Code Section 84850 to offset the direct excess cost, as defined in Section 56064, of providing support services or instruction, or both, to students with disabilities enrolled in state-supported educational courses or programs.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No. 18.
2. Amendment and repositioning of article heading and repealer and new section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
§56062. Provision of Support Services or Instruction.
Note • History
A community college district will be deemed to have “provided support services or instruction” to a student with a disability, as required by section 56060, if the student is enrolled in a special class or is enrolled in a regular class and received four or more service contacts per year with the DSPS program.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310 et seq. and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No. 18.
2. Editorial correction of printing error in first paragraph (Register 91, No. 31).
3. Repealer and new section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
4. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
Direct excess costs are those actual fixed, variable, and one-time costs (not including indirect administrative costs, as defined in Section 56068) for providing support services or instruction, as defined in Sections 56026 and 56028, which exceed the combined total of the following:
(a) the average cost to the district of providing comparable services (as defined in Section 56066) to nondisabled students times the number of students receiving such services from DSPS;
(b) the revenue derived from special classes as provided in Section 56070; and
(c) any other funds for serving students with disabilities which the district receives from federal, state, or local sources other than discretionary district funds.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No. 18.
2. Editorial correction of printing error in first paragraph (Register 91, No. 31).
3. Repealer and new section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
Note • History
(a) As used in Section 56064, “comparable services” are those services which are comparable to services available from a college to its nondisabled students. These services include, but are not limited to:
(1) job placement and development as described in Section 56026(a)(2);
(2) registration assistance as described in Section 56026(a)(4);
(3) special parking as described in Section 56026(a)(5);
(4) assessment as described in Section 56026(b)(2);
(5) counseling as described in Section 56026(b)(3);
(6) tutoring as described in Section 56062(b)(11); and
(7) outreach as described in Section 56026(b)(12).
(b) Districts which claim reimbursement for direct excess costs for comparable services as defined in subdivision (a) must, for each college in the district:
(1) certify that the service in question is not offered to nondisabled students; or
(2) collect and report to the Chancellor, on forms prescribed by the Chancellor, data showing the number of new and the number of continuing students with disabilities enrolled in credit courses who received one or more such services, in whole or in part, from DSPS.
(c) The Chancellor shall adjust the allocation of each district by the number, if any, of students reported pursuant to subdivision (b)(2), times the applicable credit student services funding rates for new and continuing students calculated pursuant to Article 4 (commencing with Section 58730) of Subchapter 4 of Chapter 9 of this Division.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No. 18.
2. Repealer and new section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
§56068. Indirect Administrative Costs.
Note • History
As used in Section 56064, the term “indirect administrative costs” means any administrative overhead or operational cost, including but not limited to, the following:
(a) college administrative support costs, such as staff of the college business office, bookstore, reproduction center, etc.;
(b) administrative salaries and benefits, with the exception of the DSPS Coordinator;
(c) indirect costs, such as heat, light, power, telephone, FAX, gasoline and janitorial;
(d) costs of construction, except for removal or modification of minor architectural barriers;
(e) staff travel costs for other than DSPS-related activities or functions;
(f) costs for on- and off-campus space and plant maintenance;
(g) the cost of office furniture (e.g., desks, bookcases, filing cabinets, etc.);
(h) costs of dues or memberships for DSPS staff;
(i) rent of off-campus space;
(j) costs for legal matters, election campaigns or audit expenses;
(k) building costs, even if the new building were for exclusive use of DSPS;
(l) books or other resource material purchases for the general or main library; or
(m) equipment which is not, in whole or part, adapted for use by students with disabilities.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
HISTORY
1. New section filed 3-29-88; operative 4-28-88 (Register 88, No. 16).
2. Repealer and new section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
§56070. Revenue from Special Classes.
Note • History
(a) For purposes of section 56064 (b), the revenue derived from special classes shall be calculated by adding together the following:
(1) the FTES instructional non-credit rate times the number of units of FTES in noncredit special classes; and
(2) the FTES instructional credit rate, not including indirect administrative costs, times the number of units of FTES in credit special classes for each college in the District.
(b) Revenue from special classes shall be used for provision of support services or instruction pursuant to sections 56026 and 56028 and shall not be used for indirect administrative costs as defined in section 56068.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310 et seq. and 84850, Education Code.
HISTORY
1. New section filed 3-29-88; operative 4-28-88 (Register 88, No. 16).
2. Repealer and new section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
3. Amendment of subsection (a), repealer of subsection (b), subsection relettering, amendment of newly designated subsection (b) and amendment of Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§56072. Allocations; Reports; Audits; Adjustments.
Note • History
(a) The Chancellor shall adopt an allocation formula which is consistent with the requirements of this subchapter. The Chancellor shall use this formula to make advance allocations of funding provided pursuant to Section 56060 to each community college district consistent with the district's approved DSPS program plan and the requirements of this Article.
(b) A portion, not to exceed 10 percent, of the allocation may be based on the amount of federal, state, local, or district discretionary funds which the district has devoted to serving students with disabilities. Provided, however, that in no event shall any district be entitled to receive funding which exceeds the direct excess cost, as defined in Section 56064, of providing support services or instruction to student with disabilities.
(c) Each district shall submit such enrollment and budget reports as the Chancellor may require.
(d) The Chancellor shall provide for audits of DSPS programs to determine the accuracy of the reports required pursuant to subdivision (c).
(e) The Chancellor may, based on audit findings or enrollment/budget reports, adjust the allocation of any district to compensate for over or under-allocated amounts in the current fiscal year or any of the three immediately preceding fiscal years.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
HISTORY
1. New section filed 3-29-88; operative 4-28-88 (Register 88, No. 16).
2. Repealer and new section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
Note • History
Each community college district shall establish a unique budget identifier code to separately account for all funds provided pursuant to this subchapter. The district shall certify through fiscal and accounting reports prescribed by the Chancellor that all funds were expended in accordance with the requirements of this subchapter.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
HISTORY
1. New section filed 3-29-88; operative 4-28-88 (Register 88, No. 16).
2. Repealer and new section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
Note • History
As a condition of receiving funds pursuant to this subchapter, each community college district shall certify that reasonable efforts have been made to utilize all funds from federal, state, or local sources which are available for serving students with disabilities.
NOTE
Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
HISTORY
1. New section filed 3-29-88; operative 4-28-88 (Register 88, No. 16).
2. Repealer and new section filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
§56078. Average Daily Attendance Apportionment (ADA) for Classes Offered Through DSP&S.
Note • History
NOTE
Authority cited: Sections 71020, 78600 and 84850 , Education Code. Reference: Sections 78600 and 84850, Education Code.
HISTORY
1. New section filed 3-29-88; operative 4-28-88 (Register 88, No. 16).
2. Repealer filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
§56080. Determination of Direct Excess Costs.
Note • History
NOTE
Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600, and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No.16). For prior history, see Register 83, No. 18.
2. Repealer filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
§56082. Adjustments to Allocation.
Note • History
NOTE
Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No. 18.
2. Repealer filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
§56084. District Fiscal Responsibility and Contribution.
Note • History
NOTE
Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No. 18.
2. Repealer filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
Note • History
NOTE
Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code.
HISTORY
1. New section filed 3-29-88; operative 4-28-88 (Register 88, No. 16).
2. Repealer filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
Note • History
NOTE
Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code.
HISTORY
1. Repealer and new section filed 3-29-88; operative 4-28-88 (Register 88, No. 16). For prior history, see Register 83, No. 18.
2. Repealer filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
Subchapter 2. Extended Opportunity Programs and Services*
NOTE
Authority cited: Sections 66948, 66952, 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42 of the Education Code.
HISTORY
1. Repealer of Chapter 2 (Sections 56100-56198) filed 11-15-79; effective thirtieth day thereafter (Register 79, No. 46). For prior history, see Registers 78, No. 3; 74, No. 26; 73, No. 26; 72, No. 29; 71, No. 8; and 70, No. 50.
*Chapter 2 (Sections 56100-56198) superseded by provisions of Chapter 2.5 (Sections 56200-56296) as of 7-1-77.
Subchapter 2.5. Extended Opportunity Programs and Services
Article 1. General Provisions and Definitions
Note • History
This subchapter implements, and should be read in conjunction with, article 8 (commencing with Section 69640), chapter 2, part 42, division 5, title 3, of the Education Code. The definitions in this article apply to the requirements of this subchapter.
NOTE
Authority cited: Sections 69648, 69652 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. New Chapter 2.5 (Sections 56200-56296, not consecutive) filed 10-8-76; designated effective 7-1-77 (Register 76, No. 41).
2. Amendment filed 8-16-77; effective thirtieth day thereafter (Register 77, No. 34).
3. Repealer of Chapter 2.5 (Sections 56200-56296, not consecutive) and new Chapter 2.5 (Sections 56200-56293, not consecutive) filed 8-10-79; effective thirtieth day thereafter (Register 79, No. 32). For prior history, see Registers 77, No. 34; 77, No. 45; 78, No. 26 and 78, No. 39.
4. Repealer filed 1-16-81; effective thirtieth day thereafter (Register 81, No. 3).
5. Repealer of Subchapter 1 heading, amendment of Article 1 heading, and new section filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
6. Repealer and new section filed 9-24-87; operative 10-24-87 (Register 87, No. 40).
7. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
The Chancellor is authorized to waive any part or all of Articles 3 and 5. Waiver requests must be submitted to the Chancellor in writing by the district superintendent/chancellor setting forth in detail the reasons for the request and the resulting problems caused if the request were denied.
NOTE
Authority cited: Sections 69648, 69649 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. New section filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
2. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
“Full-Time Student” means a student, who during a regular semester or quarter, is enrolled in a minimum of 12 credit units or the equivalent in community college courses. Full-time student for a summer or inter session shall be defined by the college district.
NOTE
Authority cited: Sections 69648, and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. New section filed 9-24-87; operative 10-24-87 (Register 87, No. 40).
2. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
Note • History
For purposes of allocating EOPS funds, conducting audits and evaluations, an EOPS student served is a person for whom, at minimum, the EOPS program has documentation in the student's file of an EOPS application, educational plan, and mutual responsibility contract developed pursuant to section 56222(c).
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. New section filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Registers 83, No. 18 and 81, No. 3.
2. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
The Chancellor shall require districts receiving EOPS funds to identify students served and the level and type of programs and services each student received.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. New section filed 9-24-87; operative 10-24-87 (Register 87, No. 40).
2. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
Each EOPS program shall have an Advisory Committee appointed by the president of the college upon recommendation of the EOPS Director. The purpose of the advisory committee is to assist the college in developing and maintaining effective extended opportunity programs and services. The term of each committee member shall be for two years, July 1 of the year of appointment to June 30 of the second succeeding year. Members may serve more than one term. The committee shall consist of no fewer members than the members of the local Board of Trustees. Members shall serve without compensation. Members may be reimbursed for necessary expenses incurred in performing their duties. The advisory committee should include representation from college personnel, EOPS students, local or feeder high schools, community and business sectors, and baccalaureate institutions where possible. The Advisory Committee shall meet at least once during each academic year.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. New section filed 9-24-87; operative 10-24-87 (Register 87, No. 40).
2. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§56210. Comparable Level of Services.
Note • History
The college shall maintain the same dollar level of services supported with non-EOPS funds as the average reported in its final budget report in the previous three academic years. At a minimum, this amount shall equal the three-year average or 15% of the average EOPS allocation to that college for the same three base years, whichever is greater. The Chancellor may approve reductions in the required amount if enrollments in the EOPS program decline.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. Repealer and new section filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
2. Editorial correction of Note (Register 97, No. 46).
3. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 1-16-81; effective thirtieth day thereafter (Register 81, No. 3).
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 1-16-81; effective thirtieth day thereafter (Register 81, No. 3).
§56217. Income Ceiling Adjustment.
Note • History
NOTE
Authority cited: Sections 69648, 69652, and 71020, Education Code. Reference: Sections 69640 and 69648, Education Code.
HISTORY
1. New section filed 5-8-81; effective thirtieth day thereafter (Register 81, No. 19). For prior history, see Register 81, No. 3.
2. Repealer of Article 3 heading and Section 56217 filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
§56218. Curriculum Development.
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
Article 2. Student Eligibility and Responsibility
§56220. Eligibility for Programs and Services.
Note • History
To receive programs and services authorized by this chapter, a student must:
(a) be a resident of California pursuant to the provisions of part 41 commencing with section 68000 of the Education Code.
(b) be enrolled full-time when accepted into the EOPS program. The EOPS director may authorize up to 10% of EOPS students accepted to be enrolled for 9 units.
(c) not have completed more than 70 units of degree applicable credit coursework in any combination of postsecondary higher education institutions.
(d) qualify to receive a Board of Governors Grant pursuant to section 58620(b)(1) or (2).
(e) be educationally disadvantaged as determined by the EOPS director or designee. In making that determination the EOPS director shall consider one or more of the following factors:
(1) not qualified at the college of attendance for enrollment into the minimum level English or mathematics course that is applicable to the associate degree.
(2) not have graduated from high school or obtained the General Education Diploma (G.E.D.).
(3) graduated from high school with a grade point average below 2.50 on a 4.00 scale.
(4) been previously enrolled in remedial education.
(5) other factors set forth in the district's plan submitted to the Chancellor pursuant to section 56270 of this subchapter.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. New section filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
2. Change without regulatory effect amending subsections (a), (c), (d) and (d)(5) and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
§56222. Student Responsibility.
Note • History
To remain eligible to receive programs and services, students shall:
(a) apply for state and/or federal financial aid pursuant to the applicable rules and procedures of the college of attendance.
(b) maintain academic progress towards a certificate, associate degree, or transfer goal pursuant to the academic standards established by the college of attendance applicable to all credit enrolled students.
(c) file an initial EOPS application and complete and adhere to a student educational plan and an EOPS mutual responsibility contract for programs and services.
(d) within two months of acceptance into the EOPS program, provide income documentation from state or federal income tax forms, or public assistance documentation pursuant to section 58620(b)(2), or other documentation as required for financial aid by the college of attendance.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Section 69640 et seq., Education Code.
HISTORY
1. Repealer and new section filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
2. Change without regulatory effect amending subsection (d) and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
§56224. Eligibility for EOPS Financial Aid.
Note • History
To receive EOPS financial aid a student shall:
(a) be eligible for and receive programs and services pursuant to sections 56220 and 56222 above.
(b) demonstrate financial need according to the rules and procedures established for financial aid at the college of attendance.
(c) have need for EOPS financial aid in accordance with sections 56252 and 56254 of this subchapter.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. Repealer and new section filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
2. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 1-16-81; effective thirtieth day thereafter (Register 81, No. 3).
§56226. Limitations on Eligibility.
Note • History
A student who has met the eligibility requirements of sections 56220 and 56222, and who participates without term-to-term interruption, shall continue to be eligible until the student:
(a) has completed 70 degree applicable credit units of instruction, or has completed consecutively six semester terms or nine quarter terms of enrollment. Time spent by the student enrolled in remedial courses, including remedial level English as a Second Language courses, shall not be included when computing the requirements of this subdivision. The EOPS Director may waive this limitation only in cases where students are enrolled in programs which require more than 70 units, or which require prerequisites that would exceed the limitations.
(b) has failed to meet the terms, conditions, and follow-up provisions of the student education plan and/or the EOPS mutual responsibility contract.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. Repealer and new section filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
2. Change without regulatory effect amending first paragraph, subsection (a) and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§56227. Multicultural Studies.
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
§56228. Grandfather Provision.
Note • History
NOTE
Authority cited: Sections 69648, 69648.7 and 71020, Education Code. Reference: Sections 69640-69655, Education Code.
HISTORY
1. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Repealer and new section filed 9-24-87; operative 10-24-87 (Register 87, No. 40).
3. Repealer filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
Article 3. Program Standards
§56230. Full-Time EOPS Director.
Note • History
Each college receiving EOPS funds shall employ a full-time EOPS director to directly manage and/or coordinate the daily operation of the programs and services offered, and to supervise and/or coordinate the staff assigned to perform EOPS activities. Colleges having less than full-time EOPS director positions may continue such positions upon approval of the Chancellor. The Chancellor shall consider the number of students served, the size of the EOPS staff and budget, and the scope and level of services offered when approving requests for less than full-time EOPS director positions.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. Amendment filed 5-8-81; effective thirtieth day thereafter (Register 81, No. 19).
2. Repealer and new section filed 9-24-87; operative 10-24-87 (Register 87, No. 40).
3. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40).
§56232. Outreach, Orientation, and Registration Services.
Note • History
Each college receiving EOPS funds shall provide access services to identify EOPS eligible students and facilitate their enrollment in the college. Access services shall include at minimum:
(a) outreach and recruitment to increase the number of potential EOPS eligible students who enroll at the college.
(b) orientation to familiarize EOPS eligible students with: the location and function of college and EOPS programs and services; the college catalog, application, and registration process, with emphasis on academic and grading standards, college terminology (e.g., grade points, units), course add and drop procedures and related rules; financial aid application procedures; and transfer procedures to baccalaureate institutions.
(c) registration assistance for priority enrollment pursuant to section 58108.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. Repealer and new section filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
2. Change without regulatory effect amending subsections (b) and (c) and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§56233. Student Contact Hours.
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
Note • History
Each college receiving EOPS funds shall assess EOPS eligible students using instruments and methods which the college president certifies are reliable, valid, and appropriate for students being assessed and for the purpose of the assessment. All assessment results which make use of standardized scoring shall be explained and interpreted to EOPS students by counselors trained in the use and meaning of such assessments. Assessments shall, at minimum, include:
(a) course and placement tests in reading, comprehension, vocabulary, writing, and computations.
(b) diagnostic tests to determine the specific academic skill deficiencies in areas in which placement tests indicate that the student has a low probability of success in degree applicable courses as defined by college policies.
(c) study skill assessment which determines how well the student is able to take lecture notes, outline written material, use library services, and use effective study techniques.
(d) support service assessment which determines what services the student may need to attend regularly and participate in campus life (such as the need for financial aid, child care, part-time employment, or extra-curricular pursuits).
(e) assessment instruments that are not culturally or linguistically biased.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. Repealer and new section filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
2. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§56235. Target or High Priority Area.
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
§56236. Counseling and Advisement.
Note • History
Each college receiving EOPS funds shall provide counseling and advisement to EOPS-eligible students of at least three contact sessions per term for each student as follows:
(a) a contact session which combines interview interpretation of assessment results to prepare a student educational plan and a mutual responsibility contract specifying what programs and services the student shall receive and what the student is expected to accomplish.
(b) an in-term contact session to ensure the student is succeeding adequately, that programs and services are being provided effectively, and to plan changes as may be needed to enhance student success.
(c) a term-end or program exit contact session to assess the success of students in reaching the objectives of that term, the success of the programs and services provided in meeting student needs, and to assist students to prepare for the next term of classes, or to make future plans if students are leaving the EOPS program or the college.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. Amendment of subsection (b) filed 5-8-81; effective thirtieth day thereafter (Register 81, No. 19).
2. New Article 2 heading and amendment of subsection (e) filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
3. Repealer and new section filed 9-24-87; operative 10-24-87 (Register 87, No. 40).
4. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§56237. Independent Student Criteria.
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Sections 69506, 69640, 69641, 69642 and 69650, Education Code.
HISTORY
1. Amendment filed 2-7-80; effective thirtieth day thereafter (Register 80, No. 6).
2. Amendment of section heading and subsection (a)(2) filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
3. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40).
§56238. Basic Skills Instruction and Tutoring Services.
Note • History
Colleges receiving EOPS funds shall provide basic skills instruction and tutoring services to EOPS eligible students who, on the basis of assessments and counseling, need such services to succeed in reaching their educational goals.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. Amendment of subsection (d) filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Repealer and new section filed 9-24-87; operative 10-24-87 (Register 87, No. 40).
3. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§56239. Priority in Serving Students.
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer and new section filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No.18.
§56240. Transfer and Career Employment Services.
Note • History
Colleges receiving EOPS funds shall provide assistance to EOPS eligible students to transfer to baccalaureate institutions and/or to find career employment in their field of training. Appropriate college and EOPS staff shall attempt to articulate coursework and support services needed by EOPS students with baccalaureate institutional staff, particularly baccalaureate institutional staff who are responsible for programs and services that are similar to EOPS.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. Repealer and new section filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
2. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
§56245. Scope and Appropriateness.
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
§56246. Maintenance of Effort.
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Sections 69640, 69641, 69642, 69649 and 69650, Education Code.
HISTORY
1. New section filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40).
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer of Article 2 heading and Section 56250 filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
§56251. Evaluation by Chancellor.
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Sections 69640, 69642, 69649, 69650, 69651, 69652 and 69653, Education Code.
HISTORY
1. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40).
Article 4. EOPS Financial Aid Standards
Note • History
Financial assistance in the form of EOPS grants and workstudy shall be awarded in accordance with the provisions of this article to EOPS eligible students for the purpose of reducing potential student loan indebtedness, or to reduce unmet financial need, after Pell grants and other state, federal or institutional financial aid has been awarded to the student.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. Repealer and new section filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
2. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§56253. Approved Plan Required.
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
§56254. EOPS Grants and Workstudy Awards.
Note • History
(a) Grants may be awarded in an amount not to exceed $900 per academic year, or the amount of a student's unmet need, whichever is less.
(b) Workstudy awards shall not exceed $1,800 per academic year, or the amount of a student's unmet need, whichever is less. Contracts with private industry may be utilized to place EOPS workstudy students.
(c) No combination of EOPS grant and workstudy awards may exceed $1,800 or exceed the amount of a student's unmet need, whichever is less, in an academic year.
(d) EOPS grants shall be disbursed to each student equally among terms in the college academic year.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. Repealer and new section filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
2. Change without regulatory effect amending subsection (c) and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
Note • History
(a) Financial aid offices shall award and disburse EOPS grant and workstudy funds according to college procedures upon the authorization of the EOPS office.
(b) EOPS offices shall authorize EOPS grant and workstudy awards such that:
(1) Awards are distributed as evenly as possible between dependent and independent students.
(2) Priority in awards is given to dependent or independent students having the lowest family or personal incomes, respectively.
(c) EOPS offices may authorize an EOPS grant to reduce packaged student employment awards on a case-by-case basis.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. Repealer and new section filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
2. Change without regulatory effect amending subsection (c) and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Sections 69640, 69648 and 69652, Education Code.
HISTORY
1. Amendment of subsection (b) filed 5-8-81; effective thirtieth day thereafter (Register 81, No. 19).
2. Amendment of subsection (c) filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
3. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
Note • History
EOPS programs may establish an emergency loan program for EOPS students to meet unexpected or untimely costs for books, college supplies, transportation and housing, subject to the following provisions:
(a) loans may not exceed $300 in a single academic year and must be repaid within the academic year in which the loan was made.
(b) loan funds shall be held in a separate account established by the district for that purpose; collected funds and interest earned shall be credited to the loan account and all loan funds may be carried over fiscal years for the life of the loan program.
(c) the total amount held for the loan program may not exceed three times the amount originally set aside to establish the program. Amounts in excess of this limit, or the total amount held when the program is terminated, shall be returned to the Chancellor.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. Repealer and new section filed 9-24-87; operative 10-24-87 (Register 87, No.40). For prior history, see Register 83, No. 18.
2. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§56259. Effective Program Experience.
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
Article 5. Staffing Standards
Note • History
EOPS shall be provided by a certificated director, instructors and counselors and other support staff employed by the governing board of the community college district. All staff funded by EOPS who are not supervised by the EOPS Director shall be accountable to the EOPS Director for the services rendered to EOPS students pursuant to the approved EOPS program plan.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640-69655, Education Code.
HISTORY
1. New section filed 9-24-87; operative 10-24-87 (Register 87, No. 40).
2. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§56262. Director Qualifications.
Note • History
(a) The EOPS Director must meet the minimum qualifications for a student services administrator as specified in section 53420 of this part, or must possess a Community College Supervisor Credential.
(b) In addition, an EOPS Director hired after October 24, 1987, must have, within the last four years, two years of experience or the equivalent:
(1) In the management or administration of educational programs, community organizations, government programs, or private industry in which the applicant dealt predominantly with ethnic minorities or persons handicapped by language, social or economic disadvantages or,
(2) As a community college EOPS counselor or EOPS instructor, or have comparable experience in working with disadvantaged clientele.
(c) In addition, an EOPS director hired after October 24, 1987, shall have completed a minimum of six units of college-level course work predominantly relating to ethnic minorities or persons handicapped by educational, language, or social disadvantages.
NOTE
Authority cited: Sections 69648, 70901(b)(1)(B) and 87356, Education Code. Reference: Sections 70901(b)(1)(B), 87356 and 87357, Education Code.
HISTORY
1. New section filed 9-24-87; operative 10-24-87 (Register 87, No. 40).
2. Amendment filed 10-30-90 with Secretary of State by Board of Governors, California Community Colleges; operative 11-30-90 (Register 90, No. 49). Submitted to OAL for printing only pursuant to Education Code, section 70901.5(b).
3. Editorial correction of printing error in subsection (a) (Register 91, No. 29).
§56264. Counselor Qualifications.
Note • History
(a) EOPS “Counselors” are those persons designated by the community college to serve as certificated counselors in the EOPS program and must possess the Community College Counselor Credential or possess a master's degree in counseling, rehabilitation counseling, clinical psychology, counseling psychology, guidance counseling, educational counseling, social work, or career development, or the equivalent, and
(b) In addition, EOPS counselors hired after October 24, 1987, shall:
(1) Have completed a minimum of nine semester units of college course work predominantly relating to ethnic minorities or persons handicapped by language, social, or economic disadvantages or,
(2) Have completed six semester units or the equivalent of a college-level counseling practicum or counseling field-work courses in a community college EOPS program, or in a program dealing predominantly with ethnic minorities or persons handicapped by language, social, or economic disadvantages and,
(c) In addition, an EOPS counselor hired after October 24, 1987, shall have two years of occupational experience in work relating to ethnic minorities or persons handicapped by language, social, or economic disadvantages.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640-69655, Education Code.
HISTORY
1. New section filed 9-24-87; operative 10-24-87 (Register 87, No. 40).
2. Amendment filed 10-30-90 with Secretary of State by Board of Governors, California Community Colleges; operative 11-30-90 (Register 90, No. 49). Submitted to OAL for printing only pursuant to Education Code section 70901.5(b).
3. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Article 6. Plans and Priorities
Note • History
(a) Districts wishing to participate in EOPS shall submit for approval by the Chancellor a plan which conforms to the provisions of this subchapter for each college within the district which intends to conduct an EOPS program. A college plan approved by the Chancellor shall constitute a contract between the district which operates the college and the Chancellor. Changes to the program plan may be made only with the prior written approval of the Chancellor.
(b) The Chancellor will notify in writing those districts which submit plans on or before the deadline set pursuant to section 56274 within ninety (90) days of that deadline whether the district's plan is complete and whether the plan is approved or disapproved. If the plan is disapproved, the Chancellor will notify the district how the plan is deficient. If a district plan is disapproved, the district may resubmit the plan and the Chancellor will approve or disapprove the resubmitted plan within ninety (90) days of its receipt.
NOTE
Authority cited: Sections 66700, 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. New section filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
2. Editorial correction of printing error restoring section heading (Register 91, No. 29).
3. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§56271. Approved Programs and Services.
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
Note • History
Each plan shall address the following:
(a) the long-term goals of the EOPS program in supporting the goals of the college and the goals adopted for EOPS by the Board of Governors.
(b) the objectives of the EOPS program to be attained in the fiscal year for which EOPS funds are allocated.
(c) the activities to be undertaken to achieve the objectives, including how the college plans to meet the standards set forth in Articles 3, 4, and 5 of this subchapter.
(d) an operating budget which indicates the planned expenditures of EOPS funds, and of other district funds to be used to finance EOPS activities.
(e) the number of students to be served.
(f) an evaluation of the results achieved in the prior year of funding.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. Repealer and new section filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
2. Change without regulatory effect amending subsection (c) and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
The Chancellor's Office shall annually establish a final date for the submission of EOPS plans and shall notify districts of this date and distribute the forms for the submission of the plan not less than 90 days prior to that date. Applications and plans received after that date shall be returned to the applying district without evaluation or consideration.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. New section filed 9-24-87; operative 10-24-87 (Register 87, No. 40).
2. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§56276. Review and Approval of District Plans.
Note • History
All plans and requests for funding submitted on or before the deadline shall be reviewed and evaluated by the Chancellor. The Chancellor shall approve plans for funding in whole or in part.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. New section filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Registers 83, No. 18 and 81, No. 3.
2. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§56277. Necessity of Subchapter.
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 1-16-81; effective thirtieth day thereafter (Register 81, No. 3).
§56278. Program Evaluation by the Chancellor.
Note • History
Each college having an approved plan shall participate annually in an evaluation of the effectiveness of the program which shall be conducted by the Chancellor. The annual evaluation may include on-site operational reviews, audits, and measurements of student success in achieving their educational objectives.
NOTE
Authority cited: Sections 69648, 69648.5 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. Repealer and new section filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
2. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
§56280. Priorities in Serving Students.
Note • History
Each plan shall incorporate the priorities of this section in the order presented when serving students from among those who are eligible pursuant to section 56220. The purpose of these priorities is to ensure that colleges strive to achieve and maintain a racial, ethnic, and gender composition among income eligible students served which matches the racial, ethnic, and gender composition by income group of eighteen years and above who reside in the college service area.
(a) priority in outreach and recruitment services shall be directed towards correcting the greatest underrepresentation among students served. Additional priority among underrepresented students shall be given to serving individuals who are the first in their family to attend college.
(b) priority in serving students enrolled at the college shall be:
(1) serving continuing EOPS students with the lowest income.
(2) serving continuing EOPS students with the lowest income who are transferring from another EOPS program conducted by a community college.
(3) serving first-time EOPS students with the lowest income.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640-69655, Education Code.
HISTORY
1. Repealer and new section filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
2. Change without regulatory effect amending first paragraph and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§56281. Accounting Procedures.
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer of Article 2 heading filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40).
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Sections 69640, 69641, 69642, 69649, 69650, 69651, 69652 and 69653, Education Code.
HISTORY
1. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40).
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
§56286. Income Ceiling Adjustment.
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Sections 69640 and 69648, Education Code.
HISTORY
1. Repealer and new section filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40).
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
§56288. Purpose of Indirect Expense Account.
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
§56289. Capital Outlay Expenditures.
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
Article 7. Funding and Expenditures
§56290. Income and Expenditure Accountability.
Note • History
Districts shall maintain separate accounts for monies provided for, and expended in, support of EOPS activities by specific line item.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. Amendment filed 2-7-80; effective thirtieth day thereafter (Register 80, No. 6).
2. Renumbering of former Article 3 to Article 5 filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
3. Repealer and new section filed 9-24-87; operative 10-24-87 (Register 87, No. 40).
4. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§56291. Discretionary Funding.
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Sections 69640, 69651, and 69652, Education Code.
HISTORY
1. Amendment filed 5-8-81; effective thirtieth day thereafter (Register 81, No. 19).
2. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40).
§56291.1. Direct Aid to Students.
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Sections 69650 and 69652, Education Code.
HISTORY
1. Amendment filed 5-8-81; effective thirtieth day thereafter (Register 81, No. 19).
2. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40).
§56291.2. Curriculum Development.
Note • History
NOTE
Authority cited: Sections 69648, 69652 and 71020, Education Code. Reference: Chapter 2, Article 8 (commencing with Section 69640) of Part 42, Education Code.
HISTORY
1. Repealer filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
§56292. Adjustment to Allocations.
Note • History
The Chancellor may adjust the allocation to any college during a fiscal year for one or more of the following reasons:
(a) to correct over or under allocated amounts in any of the three prior fiscal years.
(b) to correct for over or under utilization of allocated amounts in the current fiscal year.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. Amendment of subsection (e) filed 2-7-80; effective thirtieth day thereafter (Register 80, No. 6).
2. Amendment filed 5-8-81; effective thirtieth day thereafter (Register 81, No. 19).
3. Repealer and new section filed 9-24-87; operative 10-24-87 (Register 87, No. 40).
4. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§56293. District Fiscal Responsibility and Contribution.
Note • History
Districts shall insure that colleges under their jurisdiction conducting EOPS programs provide to EOPS students who need them the same programs and services the college offers to all of its credit enrolled students. The district shall fund the cost of such programs and services from resources available to it, except EOPS funds, at a rate per EOPS student that is at least equal to the average cost per student served (including EOPS students) in these programs and services. Districts accepting EOPS funds will be required to pay the salary of the EOPS director at the rate of 100% of salary and benefits per year.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. Repealer and new section filed 9-24-87; operative 10-24-87 (Register 87, No. 40). For prior history, see Register 83, No. 18.
2. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§56294. EOPS Supplemental Costs.
Note • History
Colleges shall expend EOPS funds only for programs and services which are over, above, and in addition to the costs which are the district's responsibility as defined in section 56293.
NOTE
Authority cited: Sections 69648, 69652 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. New section filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Repealer and new section filed 9-24-87; operative 10-24-87 (Register 87, No. 40).
3. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
(a) Colleges may expend EOPS funds to meet the EOPS supplemental costs as defined in section 56294 for personnel and other expenses approved in the EOPS annual plan. Expenditures for other expenses in object categories 4000-6000 (except for EOPS financial aid) in the Budget and Accounting Manual shall not exceed 10% of the EOPS allocation or $50,000, whichever is less.
(b) Requests to purchase computer hardware and/or software shall be approved by the district superintendent/president prior to transmittal for approval by the Chancellor.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. New section filed 9-24-87; operative 10-24-87 (Register 87, No. 40).
2. Change without regulatory effect amending subsection (a) and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§56296. Expenditures Not Allowed.
Note • History
EOPS funds shall not be expended for the following:
(a) college administrative support costs (e.g., staff of the business office, bookstore, reproduction, staff at the dean salary level and above).
(b) indirect costs (e.g., heat, lights, power, janitorial service).
(c) political or professional association dues and/or contributions.
(d) costs of furniture (chairs, desks, coat hangers, etc.).
(e) costs of construction, remodeling, renovation, or vehicles.
(f) travel costs other than travel costs of EOPS staff and students for EOPS activities or functions.
Except for items (a) through (c) above, waivers may be approved by the Chancellor on a case-by-case basis.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. New section filed 9-24-87; operative 10-24-87 (Register 87, No. 40).
2. Change without regulatory effect amending subsection (d) and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§56297. Special Projects and Incentives.
Note • History
(a) The Chancellor may allocate funds for recommended special projects which seek to benefit the statewide, regional, or local conduct of EOPS programs, provided that no special project duplicates college or EOPS activities.
(b) Special projects shall be recommended by the advisory committee established pursuant to section 69643 of the Education Code.
(c) Funding for special projects shall consist of amounts set aside for this purpose in the Governor's Budget. The Chancellor may redirect funds released pursuant to section 56292 to fund additional special projects.
(d) Colleges which demonstrate outstanding effectiveness based upon evaluations conducted pursuant to section 56278 of this subchapter shall receive priority consideration for use of special project funds or other funds which may be released pursuant to section 56292.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. New section filed 9-24-87; operative 10-24-87 (Register 87, No. 40).
2. Change without regulatory effect amending subsections (b)-(d) and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§56298. EOPS Financial Aid Restriction.
Note • History
In each fiscal year the colleges shall expend for EOPS grants and workstudy an amount equal to that expended in the prior fiscal year, unless waived by the Chancellor, for the following reasons:
(a) to establish a book service program.
(b) the college allocation was corrected pursuant to section 56292.
(c) to meet the requirements of article 3.
NOTE
Authority cited: Sections 69648 and 70901, Education Code. Reference: Sections 69640 et seq., Education Code.
HISTORY
1. New section filed 9-24-87; operative 10-24-87 (Register 87, No. 40).
2. Change without regulatory effect amending subsections (b) and (c) and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Subchapter 3. Educational Programs and Services for Students with Learning Disabilities
Note • History
NOTE
Authority cited: Section 71020, Education Code. Reference: Sections 71023, 78012, 78440, 78441, 78442 and 78600, Education Code.
HISTORY
1. New Chapter 3 (Sections 56350-56360, not consecutive) filed 5-9-78; effective thirtieth day thereafter (Register 78, No. 19). For prior history, see Registers 72, No. 44 and 76, No. 51.
2. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
3. Repealer filed 3-29-88; operative 4-28-88 (Register 88, No. 16).
Note • History
NOTE
Authority cited: Sections 71020, 76300 and 78405, Education Code. Reference: Sections 71023, 76320, 78012, 78405 and 78440, Education Code.
HISTORY
1. Amendment filed 11-15-79; effective thirtieth day thereafter (Register 79, No. 46).
2. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
3. Repealer filed 3-29-88; operative 4-28-88 (Register 88, No. 16).
§56354. Programs Operated Pursuant to Education Code Section 78440.
Note • History
NOTE
Authority cited: Sections 71020, 76300, 78405 and 78440, Education Code. Reference: Sections 78403, 78405 and 78440, Education Code.
HISTORY
1. Amendment of subsection (b) filed 11-15-79; effective thirtieth day thereafter (Register 79, No. 46).
2. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
3. Repealer filed 3-29-88; operative 4-28-88 (Register 88, No. 16).
§56356. Programs Operated Pursuant to Education Code Section 78012.
Note • History
NOTE
Authority cited: Sections 71020, 76300 and 78405, Education Code. Reference: Sections 78012 and 78405, Education Code.
HISTORY
1. Amendment filed 11-15-79; effective thirtieth day thereafter (Register 79, No. 46).
2. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
3. Repealer filed 3-29-88; operative 4-28-88 (Register 88, No. 16).
§56358. Programs Operated Pursuant to Education Code Section 78800 et seq.
Note • History
NOTE
Authority cited: Sections 71020, 76300, Education Code. Reference: Chapter 797, Statutes of 1979.
HISTORY
1. Repealer filed 11-15-79; effective thirtieth day thereafter (Register 79, No. 46).
§56360. Programs Operated Pursuant to Education Code Section 78600 et seq.
Note • History
NOTE
Authority cited: Sections 71020, 76300, Education Code. Reference: Chapter 797, Statutes of 1979.
HISTORY
1. Repealer filed 11-15-79; effective thirtieth day thereafter (Register 79, No. 46).
Subchapter 4. The Community College Real Estate Education Endowment Fund
Note • History
The purpose of this chapter is to provide for the advancement of real estate education through the Real Estate Education Scholarship Program and the Real Estate Education Special Projects Program and to provide for the administration of those programs.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 10450.6 and 10451.5, Business and Professions Code.
HISTORY
1. New chapter 4 (sections 56600-56628, not consecutive) filed 10-30-75; effective thirtieth day thereafter (Register 75, No. 44).
2. Amendment of section and NOTE filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
3. Repealer of chapter 4 (subchapters 1 and 2, sections 56600-56628, not consecutive) and new chapter 4 (sections 56600-56617, not consecutive) filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
4. Amendment of section and Note filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
§56602. Chancellor's Community College Real Estate Education Endowment Fund Advisory Committee.
Note • History
The number of individuals on the advisory committee shall be determined by the Real Estate Commissioner and the Chancellor. The Chancellor shall appoint the advisory committee.
Membership on the advisory committee shall include equal representation from the real estate licensees and California community colleges, with consideration of geography and diversity; the Real Estate Commissioner and the Chancellor or their authorized representatives; and such additional representation as the Chancellor and Real Estate Commissioner deem appropriate.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 10450.6 and 10451.5, Business and Professions Code.
HISTORY
1. Amendment of section and Note filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
2. Amendment filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
Monies available from the return on the investment of the Endowment Fund (subject to the State Board of Control regulations) may be used for the necessary travel of the Community College Real Estate Education Endowment Fund Advisory Committee and others authorized by the Chancellor to perform activities and services for the Real Estate Scholarship Program and the Special Projects Program in the community colleges.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 10450.6 and 10451.5, Business and Professions Code.
HISTORY
1. Amendment of section and Note filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
§56604. Real Estate Education Scholarship Program.
Note • History
The Real Estate Education Scholarship Program is a scholarship grant program for eligible, disadvantaged students. Awards are provided to students in need of financial assistance to meet costs related to entrance into and completion of community college real estate education programs.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 10450.6 and 10451.5, Business and Professions Code.
HISTORY
1. Amendment of section and Note filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
§56605. College Applications and Awards.
Note • History
(a) The Chancellor will annually notify community college real estate education coordinators, financial aid officers and other appropriate college staff and officials of the availability of scholarship funds for students enrolled in real estate education courses and programs. Such notification shall include information on the procedures for awarding and applying for funds.
(b) For as long as adequate funding is available, all eligible applicants will be awarded scholarships on a first-come, first-served basis. In the event that funds needed to serve all eligible applicants exceed funding available by more than ten percent (10%), the Chancellor in consultation with the Advisory Committee shall determine standards and procedures for the distribution of the limited funds.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 10450.6 and 10451.5, Business and Professions Code.
HISTORY
1. Amendment of section and Note filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
Note • History
(a) To be eligible for a Real Estate Education Scholarship, an applicant must provide both of the following:
(1) a letter from his/her real estate instructor recommending the applicant; and
(2) certification by a community college admissions officer or other college official of the applicant's enrollment status at the college.
(b) Eligibility for the scholarships will be limited to disadvantaged students. The term disadvantaged refers to groups or individuals who have low economic status and/or have been denied opportunities in society for reasons of gender, race, ethnicity, economics, language, education, physical disabilities, or other mitigating factors.
(c) To be eligible for an initial Real Estate Education Scholarship, the applicant must have satisfactorily completed at least one 3-unit college-level course in real estate with a grade of C (2.0) or higher on a 4.0 scale.
(d) A scholarship will require the student to have declared a real estate education major or, at a college that does not offer a real estate education major, a major in a related field with a concentration in real estate. Recipients must complete 6 units each semester (or the quarter equivalent) from the required real estate courses as defined by the approved Department of Real Estate course list for real estate broker, or as required by the institution for completion of the real estate certificate.
(e) Continued eligibility will require a grade point average of 2.0 on a 4.0 scale.
(f) The college financial aid officer or scholarship coordinator will determine if the applicant meets eligibility criteria and will initiate funding of the award.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 10450.6 and 10451.5, Business and Professions Code.
HISTORY
1. Amendment of subsections (a)-(e), new subsection (f) and amendment of Note filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
§56607. Competitive Selection.
Note • History
NOTE
Authority cited: Sections 71020 and 71062, Education Code. Reference: Sections 10450.6 and 10451.5, Business and Professions Code; and Section 71023, Education Code.
HISTORY
1. Repealer filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
§56608. Scholarship Limitations.
Note • History
The determination of the amount of the scholarship award will primarily consider, but will not be limited to, the following: fees, books, and supplies.
Based upon available resources, the amount of the scholarship will be annually determined by the Chancellor with consultation by the Advisory Committee.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 10450.6 and 10451.5, Business and Professions Code.
HISTORY
1. Amendment of section and Note filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
Note • History
NOTE
Authority cited: Sections 71020 and 71062, Education Code. Reference: Sections 10450.6 and 10451.5, Business and Professions Code; and Section 71023, Education Code.
HISTORY
1. Repealer filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
§56610. Real Estate Grant Program.
Note • History
The Real Estate Grant Program is a program for funding projects for the improvement and development of real estate education.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 10450.6 and 10451.5, Business and Professions Code; and Section 70901, Education Code.
HISTORY
1. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
District funded activities may include, but need not be limited to, the following:
(a) The development of innovative programs, processes or products designed to enrich the effectiveness of real estate education;
(b) The encouragement of real estate education articulation related to cooperative and coordination activities entered into by one community college district with other institutions of higher education;
(c) The development and improvement of communications between the real estate industry and the community colleges;
(d) The promotion of the real estate education programs.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 10450.6 and 10451.5, Business and Professions Code; and Section 70901, Education Code.
HISTORY
1. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§56615. Evaluation Procedures.
Note • History
The Chancellor of the California Community Colleges may appoint a committee to evaluate and recommend to the advisory committee projects to be funded. The advisory committee will review proposed projects and recommend to the Chancellor projects for approval funding. The Chancellor shall make the final award.
When appropriate, the Chancellor's Office will consult with and enlist the services of such persons able to provide validity and objectivity in the establishment of the respective priorities of proposed projects. In reviewing projects to determine relative priorities for funding with real estate funds, the following criteria may be considered.
(a) The geographic area to be served, including the density and characteristics of the population in the area;
(b) The ability to reproduce the project;
(c) The relative need, cost and benefit to the real estate program;
(d) The current instructional effort by the respective local educational agencies to meet the real estate education needs in the areas they serve.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 10450.6 and 10451.5, Business and Professions Code; and Section 70901, Education Code.
HISTORY
1. Change without regulatory effect amending first paragraph and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
Applications for projects will be submitted on forms developed by the Chancellor.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 10450.6 and 10451.5, Business and Professions Code; and Section 70901, Education Code.
HISTORY
1. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
All grants made from this fund are intended to supplement real estate education efforts in the California community colleges. Such grants shall not take the place of any local community college district effort.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 10450.6 and 10451.5, Business and Professions Code; and Section 70901, Education Code.
HISTORY
1. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Subchapter 5. Fund for the Improvement of Instruction
Article 1. General
Note • History
NOTE
Authority cited: Sections 71020, 71025, 84383 and 84386, Education Code. Reference: Article 7 (commencing with Section 84380) of Chapter 3 of Part 50, Education Code.
HISTORY
1. New chapter 5 (sections 56652-56682, not consecutive) filed 3-21-78; effective thirtieth day thereafter (Register 78, No. 12).
2. Repealer filed 7-22-91 and submitted to OAL on 7-25-91 for printing only pursuant to Education Code section 70901.5; operative 8-21-91 (Register 91, No. 48).
§56652. Eligible Programs and Services.
Note • History
Alternative educational programs and services eligible for funding under this chapter include, but are not limited to, those which promote improvement or innovation through:
(a) provision of instruction which is nontraditional as to its form, content, or methodology. Nontraditional instruction includes, but is not limited to, programs which involve:
(1) internships and experiential learning opportunities;
(2) individualized instructional contracts which require students to develop learning objectives;
(3) development of interpersonal skills; or
(4) independent study.
(b) program development, including but not limited to:
(1) efforts to address the special learning needs of educationally disadvantaged students; or
(2) educational services for new populations such as older or working adults; or
(c) faculty/staff development, including but not limited to:
(1) intersegmental summer programs including research projects and seminars;
(2) college programs bringing visiting scholars to local districts;
(3) interdisciplinary programs involving local noncollege institutions in the arts and sciences;
(4) intersegmental research and public information projects on topics of special concern to rural and urban California regarding the environment, social history, and culture; and
(5) “summer bridge” programs for the transition of faculty into college life.
NOTE
Authority cited: Sections 66700, 70901(b) and (c), and 84381, Education Code. Reference: Section 84381, Education Code.
HISTORY
1. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Repealer and new section filed 7-22-91 and submitted to OAL on 7-25-91 for printing only pursuant to Education Code section 70901.5; operative 8-21-91 (Register 91, No. 48).
Note • History
(a) “Instruction” means formally organized activities designed to transmit knowledge and to foster skills for the purpose of achieving educational goals and objectives.
(b) “Innovation” means substantive change and reform in instructional organization, design, content, process and resources intended to improve educational outcomes.
(c) “Improvement” means organized change which enhances capability over existing practices.
(d) “Program Development” means improvement of existing programs as well as designing of new programs. Development is program initiation or improvement rather than mere expansion of existing programs. Development may be in any or all of the program categories including researching, planning, utilizing resources, and evaluating.
(e) “Staff Development” means improvement of competencies for community college personnel.
NOTE
Authority cited: Sections 66700, 70901(b) and (c), and 84381, Education Code. Reference: Sections 84381 and 84382, Education Code.
HISTORY
1. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Repealer of subsection (f) filed 7-22-91 and submitted to OAL on 7-25-91 for printing only pursuant to Education Code section 70901.5; operative 8-21-91 (Register 91, No. 48).
Note • History
NOTE
Authority cited: Sections 71020, 84383 and 84386, Education Code. Reference: Sections 71091, 84381 and 84386, Education Code.
HISTORY
1. New NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Repealer filed 7-22-91 and submitted to OAL on 7-25-91 for printing only pursuant to Education Code section 70901.5; operative 8-21-91 (Register 91, No. 48).
§56658. Functions of the Advisory and Review Council.
Note • History
(a) The Advisory and Review Council established by the Chancellor shall review applications for grants and loans proposed for funding through the Fund for Instructional Improvement in accordance with criteria established by the Chancellor. When deemed necessary by the Council, independent readers may be employed to review proposals and make recommendations for funding to the Council. The group of readers used to review any given set of proposals shall be selected so as to reflect, as closely as possible, the composition of the Council.
(b) The Council may also make recommendations to the Chancellor on other matters related to the operation of the Fund for Instructional Improvement, including but not limited to:
(1) the name of a Council member to be appointed chairperson;
(2) standing rules governing the operation of the Council; and
(3) criteria and procedures for the evaluation of funded projects.
NOTE
Authority cited: Sections 66700, 70901(b) and (c) and 84381, Education Code. Reference: Section 84381, Education Code.
HISTORY
1. New NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Repealer and new section filed 7-22-91 and submitted to OAL on 7-25-91 for printing only pursuant to Education Code section 70901.5; operative 8-21-91 (Register 91, No. 48).
Article 2. Grants
§56670. Application for Grant: General Requirements.
Note • History
(a) Applications for grants may be submitted by colleges, faculty members, students, administrators or consortia.
(b) All applications recommended by the Council to the Chancellor for funding shall have or obtain approval of the board of trustees of the district or districts from which the application originated.
(c) Each proposal shall include an evaluation plan and budget.
(d) A portion of the funds, not to exceed five percent, shall be set aside by the Chancellor for evaluation and dissemination of project outcomes to other institutions or programs in the state.
(e) The Chancellor shall be responsible for establishing and maintaining an accounting system for grants awarded pursuant to this article.
NOTE
Authority cited: Sections 66700, 70901(b) and (c), 84381 and 84383, Education Code. Reference: Sections 84381 and 84383, Education Code.
HISTORY
1. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Amendment of subsections (a) and (e) filed 7-22-91 and submitted to OAL on 7-25-91 for printing only pursuant to Education Code section 70901.5; operative 8-21-91 (Register 91, No. 48).
Note • History
A proposal submitted in application for a grant shall identify and support the significance and feasibility of the proposed plan or activity for which funding is requested. In this regard, the proposal will identify the following items and provide substantiating evidence for each item and as otherwise directed in the annual proposal application forms and announcements issued by the Chancellor:
(a) the specific educational program or service being addressed;
(b) the specific problem(s);
(c) the population to be served;
(d) the project objective(s);
(e) the proposed activities including, but not limited to, information about personnel required, equipment, materials, schedule, and evaluation process;
(f) the expected outcomes of these activities in terms of:
(1) the project objective(s),
(2) probable or eventual impact of the project,
(3) potential for continued support after the expiration of the grant, and
(4) potential for adaptation to other institutions or programs.
(g) the evaluation plan; and
(h) the budget.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 84383, Education Code.
HISTORY
1. New NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§56674. Classification of Grants.
Note • History
NOTE
Authority cited: Sections 71020, 84383 and 84386, Education Code. Reference: Sections 84383 and 84386, Education Code.
HISTORY
1. New NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Repealer filed 9-30-85; effective thirtieth day thereafter (Register 85, No. 40).
History
HISTORY
1. Repealer filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
Note • History
NOTE
Authority cited: Sections 71020, 84383 and 84386, Education Code. Reference: Sections 84383 and 84386, Education Code.
HISTORY
1. New section filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Repealer filed 7-22-91 and submitted to OAL on 7-25-91 for printing only pursuant to Education Code section 70901.5; operative 8-21-91 (Register 91, No. 48).
Note • History
Funding shall be provided under the following conditions, unless otherwise authorized by the Board of Governors:
(a) Funding shall be provided on a one-year basis. If additional continuation funding is desired, a new proposal application shall be submitted at the time established for submission of new proposals. Proposals for continuation funding shall be considered separately and performance under the previous grant shall be taken into account in deciding which projects should be continued.
(b) Grants shall be allocated on a July 1st to June 30th fiscal year basis, unless the Chancellor determines that extenuating circumstances justify use of a different funding period for some or all of the projects to be funded.
(c) Applications may be submitted for a direct grant, or a loan, or a combination of both.
(d) Funds awarded for grants may not be used for purposes of construction, remodeling, or lease of facilities, nor for student financial aid, purchase of equipment, or for programs and activities not eligible for state apportionment.
(e) Financial participation by an applicant shall be no less than 10 percent of the total cost of the project. Overhead or indirect costs may be included in a proposal only as part of the financial participation provided by the applicant.
NOTE
Authority cited: Sections 66700, 70901(b) and (c), Education Code. Reference: Sections 84381 and 84382, Education Code.
HISTORY
1. New NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Amendment filed 7-22-91 and submitted to OAL on 7-25-91 for printing only pursuant to Education Code section 70901.5; operative 8-21-91 (Register 91, No. 48).
Note • History
The following reports shall be submitted to the Chancellor on forms provided by and in accordance with procedures established by the Chancellor for transmission to the Board of Governors:
(a) A semi-annual report, including a statement of expenditures to date, for each project.
(b) A final report for each project containing also a comprehensive fiscal statement, within 60 days after the expiration of the grant.
Fifteen percent of the funds awarded for each project shall be withheld until the final report satisfying the conditions and criteria under which it was funded is received.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 84383, Education Code.
HISTORY
1. New NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Article 3. Loans
Note • History
NOTE
Authority cited: Sections 71020, 84383 and 84386, Education Code. Reference: Sections 84383 and 84386, Education Code.
HISTORY
1. New NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Repealer filed 7-22-91 and submitted to OAL on 7-25-91 for printing only pursuant to Education Code section 70901.5; operative 8-21-91 (Register 91, No. 48).
Note • History
(a) Loans shall be awarded in accordance with the same criteria, standards and processes which are applicable to grants.
(b) Loan funds authorized by this article are subject to the same constraints applicable to grant funds pursuant to section 56676(d), except that loan funds may be used to purchase equipment.
(c) The Chancellor shall develop an accounting system and a repayment schedule for loan funds.
NOTE
Authority cited: Sections 66700, 70901(b) and (c), Education Code. Reference: Section 84381, Education Code.
HISTORY
1. Amendment of subsection (c) filed 11-15-79; effective thirtieth day thereafter (Register 79, No. 46).
2. Amendment of NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
3. Amendment of subsections (b) and (c) filed 7-22-91 and submitted to OAL on 7-25-91 for printing only pursuant to Education Code section 70901.5; operative 8-21-91 (Register 91, No. 48).
Note • History
Upon certification by the Chancellor a loan shall be drawn from the Community College Fund for Instructional Improvement by the State Controller in favor of the applicant district. During each of the three years beginning with the fiscal year immediately succeeding the fiscal year in which the loan is made under this section, the State Controller shall deduct from the second principal apportionment made from Section B of the State School Fund to the community college district an amount equal to one-third of the amount loaned to the district, and transfer the amount into the Community College Fund for Instructional Improvement.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
Subchapter 6. Underrepresented Students Special Project Fund
§56700. Underrepresented Students Special Project Fund.
Note • History
NOTE
Authority cited: Section 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 4-3-92; operative 5-4-92 (Register 92, No. 15).
2. New subchapter 6 heading filed 5-15-93; operative 6-14-93 (Register 93, No. 25).
3. Repealer filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Chapter 8. Construction
Subchapter 1. Community College Construction Act
Note • History
NOTE
Authority cited for Chapter 1: Sections 71020, 71024 and 81805, Education Code. Reference: Chapter 4 (commencing with Section 81800), Part 49, Division 7, Education Code.
HISTORY
1. Repealer of Chapters 1 and 2 ( §§ 57000 through 57121, not consecutive) and new Chapter 1 ( §§ 57000 through 57032, not consecutive) filed 11-2-73; effective thirtieth day thereafter (Register 73, No. 44).
2. Amendment of NOTE filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
3. Repealer of Subchapter 1 heading and Section 57000 filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
Note • History
For the purposes of this chapter:
(a) “A small community college” means a college with 35,000 or fewer weekly student contact hours (WSCH) in credit and noncredit courses and programs.
(b) “Leased or rented” means a building for which rental costs are paid, and the use of which will be discontinued upon the completion of the project for which application has been submitted.
(c) “Permanent building” means a building for which there is no plan for removal or demolition.
(d) “Temporary building” means a building of limited worth which, according to the capital construction master plan, is anticipated to be demolished or replaced within five years. All other buildings are to be considered permanent.
(e) As used in this chapter, “weekly student contact hours” means the product of the number of students and the scheduled class periods in which they are enrolled, in graded and ungraded community college classes convened prior to 10 o'clock p.m. during a census week. A class period is not less than 50 minutes and not more than 60 minutes.
NOTE
Authority cited: Sections 66700, 70901, and 81805 Education Code. Reference: Chapter 4 (commencing with Section 81800) of Part 49, Division 7, Education Code.
HISTORY
1. Repealer of subsections (i) and (j) filed 10-1-75; effective thirtieth day thereafter (Register 75, No. 40).
2. Amendment filed 11-4-77: effective thirtieth day thereafter (Register 77, No. 45).
3. Amendment filed 1-16-81; effective thirtieth day thereafter (Register 81, No. 3).
4. Amendment filed 4-27-83: effective thirtieth day thereafter (Register 83, No. 18).
5. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
6. Editorial correction of printing error in subsection (e) (Register 91, No. 43).
7. Editorial correction of History 5 (Register 95, No. 23).
Note • History
(a) As used in this chapter “project” means the purpose for which a community college district has applied for assistance under chapter 4 of part 49 of the Education Code for one or more institutions under its authority or for district wide facilities. A project may include the planning, acquisition, and improvement of community college sites; the planning, construction, reconstruction. or remodeling of any permanent structure necessary for use as a classroom, a laboratory, a library, a performing arts facility, a gymnasium, the basic outdoor physical education facilities, the basic food service facilities, or child development centers, pursuant to section 79120 of the Education Code; related facilities necessary for the instruction of students or for administration of the educational program; maintenance or utility facilities essential to the operation of the foregoing facilities and the initial acquisition of equipment. A project may also include the initial furnishing of, and initial acquisition of equipment for, any facility leased or lease-purchased by a community college district as of August 1, 1987, for educational purpose or purposes.
(b) A project may also include the reconstruction or remodeling of any facility leased or lease-purchased for educational purposes. The Chancellor's Office shall require transfer to the community college district of title or any other interest considered sufficient by the district, in and to facilities presently leased or to be leased in the future by the district, to the extent of the funds appropriated for reconstruction or remodeling of leased facilities. When sufficient title or interest has not been transferred, the term of the lease shall be of sufficient duration to completely amortize the reconstruction or remodeling cost. Such amortization shall be determined by utilizing current interest rates and normal accounting practices. If the lease is terminated prior to amortizing the reconstruction or remodeling costs the district shall repay the state for any unamortized state costs.
A project consisting of the construction of any facilities listed in subdivision (a) on property that conforms to subdivision (b) of section 81530 of the Education Code shall be eligible for state funding. For any project that is constructed under this paragraph, the term of the lease shall be of sufficient duration to completely amortize the cost of the project and the governing board of the community college district shall provide in the lease agreement a hold harmless clause satisfactory to the lessor. The amortization shall be determined by utilizing current interest rates and normal accounting practices. If the lease is terminated prior to amortizing the project, the district shall pay the state for any unamortized state costs.
(c) The projects defined by subdivisions (a) and (b) of this section shall not be construed as a commitment by the Board of Governors as to the type or possible number of projects that may be considered during any fiscal year.
(d) A project shall not include the planning or construction of dormitories, student centers other than cafeterias, stadia, the improvement of sites for student or staff parking, or single-purpose auditoriums.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of printing error in subsection (a) (Register 91, No. 43).
3. Editorial correction of History 1 (Register 95, No. 23).
Note • History
As used in this chapter, the term “educational center” has the same meaning as set forth in section 55180.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Editorial correction of History 1 (Register 95, No. 23).
4. Amendment filed 6-13-2008; operative 7-13-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 25).
§57002. Federal Fund Proration.
Note • History
When the physical detail and intent of a project subject to a federal grant differs materially from the physical detail and intent for which state funds are appropriated, the federal funds shall be prorated on the scope of the project subject to the federal grant and that prorated share be made applicable to the project subject to state matching funds.
NOTE
Authority cited: Sections 66700, 70901, and 81805, Education Code. Reference: Section 81805, Education Code.
HISTORY
1. New NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 23).
§57003. Projecting Graded and Ungraded Enrollments. [Repealed]
History
HISTORY
1. Repealer filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
§57010. Appeals from Administrative Actions.
Note • History
Any action of the Chancellor in administering this chapter may be appealed to the Board of Governors by the governing board of an affected community college district. The appeal shall be placed on the agenda of the Board in accordance with the general agenda practices of the Board. The decision of the Board on such appeals shall be final.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
§57011. Expenditures; Final Report.
Note • History
Upon completion of a project the governing board shall submit to the Chancellor, within 30 days after the closure of the current fiscal year, a final report on all expenditures in connection with the sources of the funds expended. The district shall be subject to a state post-audit review of fund claims for all such projects.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
§57013. Coordination of Planning with Recreation and Park Authorities.
Note • History
The governing board of any community college district shall meet with appropriate local government recreation and park authorities to review all possible methods of coordinating planning, design, and construction of new facilities and sites or major additions to existing facilities and recreation and park facilities in the community. Any community college district planning, designing, or constructing new facilities shall report to the Chancellor's Office on plans to achieve:
(a) a greater use of any joint or contiguous recreation and park facilities by the district; and
(b) possible use by the total community of such facilities and sites and recreation and park facilities.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
Note • History
Any community college district may submit a proposed project to the Chancellor for review and approval or disapproval. The proposed project shall be an element of the district's plan for capital construction. It shall be in such form and contain such detail as will permit its evaluation and approval with reference to the elements of the capital construction program specified in section 81821 of the Education Code.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of printing error (Register 91, No. 43).
3. Editorial correction of History 1 (Register 95, No. 23).
§57015. Chancellor's Review and Evaluation: Elements of Review.
Note • History
The Chancellor shall review and evaluate each proposed project with reference to the elements of the capital construction program specified in Education Code, section 81821. The review shall include the following elements:
(a) An architectural analysis to determine costs of the various phases of the project, with particular attention to be directed to the type of construction, unit costs, and the efficiency of particular buildings and facilities in terms of effective utilization of area.
(b) Determining the amount of federal funds available for the project, and taking appropriate measures to ensure that the project will qualify for the maximum amounts of federal funds practicable under the circumstances.
“Federal funds” means any construction and equipment moneys provided by the federal government to a community college district for the project or any part of the project, which are or will be available to the district for the project.
(c) Determining the total cost of the project, reducing the total cost by the amount of federal funds available thereof, and determining the remainder thereof to be borne by the state, or, if the district has matching funds, by the state and by the district.
The determination as to whether the district has funds to provide all or part of its matching share of the project shall be made on the basis of district ability. If the district ability, as determined by section 57033.1, is sufficient to meet the matching costs of the project or its individual phases of planning, working drawings, construction, equipment, or land acquisition, the district shall bear its matching share of the cost of the project or one or more of its phases. If the district funds available are insufficient to provide the district's matching share for the cost of the project or one or more of its phases, computed pursuant to section 57033.1, the district shall provide the moneys available, as defined by the Board of Governors, and state funds may be requested to provide the balance of funds required.
Private funds available for specific projects may be used as a credit toward the district match.
(d) Determining the total of funds required for the first phase of the project to be provided on a matching basis by the state and the district, and the total state appropriation required to be provided for the project or one or more of its phases.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
§57016. Final Action; Time Limit.
Note • History
A proposed project submitted by the governing board of a community college district to the Chancellor pursuant to section 57014 prior to February 1st of each year shall be finally acted upon by the Chancellor pursuant to section 57014 on or before the next succeeding May 1st of each year.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
§57017. Funding of Project at Educational Center.
Note • History
Notwithstanding any other provision of this division, a community college district shall not be eligible for state capital outlay funding for a construction project to be located at any educational center that is approved by the Board of Governors on or after May 1, 2008, under the provisions of article 4 (commencing with section 55180) of subchapter 2 of chapter 6, unless and until the Chancellor determines that the educational center reported at least 500 FTES on the district's most recent final attendance report.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 6-13-2008; operative 7-13-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 25).
Note • History
(a) The Board of Governors hereby adopts and incorporates by reference, into this provision of the California Code of Regulations, the California Community Colleges Policy on Utilization and Space Standards as established September 2010.
(b) Revisions made to the Policy on Utilization and Space Standards after September 2010, shall be considered incorporated by reference into this provision when they have been adopted by the Board.
NOTE
Authority cited: Sections 66700, 70901, 81805 and 81836, Education Code. Reference: Section 81805, Education Code.
HISTORY
1. New NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 23).
4. Amendment filed 10-1-2010; operative 10-31-2010. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2010, No. 41).
§57021. Classroom Use. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901, 81805 and 81836, Education Code. Reference: Sections 81805 and 81836, Education Code.
HISTORY
1. Repealer and new section filed 6-26-74 as an emergency; effective upon filing (Register 74, No. 26).
2. Repealer and new section filed 9-27-74 as an emergency; effective upon filing. Certificate of Compliance included (Register 74, No. 39).
3. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
4. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
5. Editorial correction of History 4 (Register 95, No. 23).
6. Repealer filed 10-1-2010 by Board of Governors of California Community Colleges with Secretary of State; operative 10-31-2010. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2010, No. 41).
§57022. Laboratory Use. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901, 81805 and 81836, Education Code. Reference: Sections 81805 and 81836, Education Code.
HISTORY
1. Amendment filed 10-1-75; effective thirtieth day thereafter (Register 75, No. 40).
2. New NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
3. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
4. Editorial correction of History 3 (Register 95, No. 23).
5. Repealer filed 10-1-2010 by Board of Governors of California Community Colleges with Secretary of State; operative 10-31-2010. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2010, No. 41).
§57023. Classroom Occupancy. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901, 81805 and 81836, Education Code. Reference: Sections 81805 and 81836, Education Code.
HISTORY
1. New NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 23).
4. Repealer filed 10-1-2010 by Board of Governors of California Community Colleges with Secretary of State; operative 10-31-2010. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2010, No. 41).
§57024. Laboratory Occupancy. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901, 81805 and 81836, Education Code. Reference: Sections 81805 and 81836, Education Code.
HISTORY
1. New NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 23).
4. Repealer filed 10-1-2010 by Board of Governors of California Community Colleges with Secretary of State; operative 10-31-2010. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2010, No. 41).
§57025. Classroom Space Per Station. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901, 81805 and 81836, Education Code. Reference: Sections 81805 and 81836, Education Code.
HISTORY
1. New NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 23).
4. Repealer filed 10-1-2010 by Board of Governors of California Community Colleges with Secretary of State; operative 10-31-2010. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2010, No. 41).
§57026. Small College, Sliding Scale Allowance. [Repealed]
History
HISTORY
1. Repealer filed 6-26-74 as an emergency; effective upon filing (Register 74, No. 26).
2. Repealer filed 9-27-74 as an emergency; effective upon filing. Certificate of Compliance included (Register 74, No. 39).
§57027. Capacity of Future Assignable Space. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901, 81805 and 81836, Education Code. Reference: Sections 81805 and 81836, Education Code.
HISTORY
1. New NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 23).
4. Repealer filed 10-1-2010 by Board of Governors of California Community Colleges with Secretary of State; operative 10-31-2010. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2010, No. 41).
§57028. Capacity of Future Laboratory and Service Areas. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901, 81805 and 81836, Education Code. Reference: Sections 81805 and 81836, Education Code.
HISTORY
1. Amendment filed 6-26-74 as an emergency; effective upon filing (Register 74, No. 26).
2. Amendment filed 9-27-74 as an emergency; effective upon filing. Certificate of Compliance included (Register 74, No. 39).
3. Amendment filed 10-1-75; effective thirtieth day thereafter (Register 75, No. 40).
4. New NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
5. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
6. Editorial correction of printing error in heading (Register 91, No. 43).
7. Editorial correction of History 5 (Register 95, No. 23).
8. Change without regulatory effect amending section filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
9. Repealer filed 10-1-2010 by Board of Governors of California Community Colleges with Secretary of State; operative 10-31-2010. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2010, No. 41).
§57029. Office Space. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901, 81805 and 81836, Education Code. Reference: Sections 81805 and 81836, Education Code.
HISTORY
1. Amendment filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
2. New NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
3. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
4. Editorial correction of History 3 (Register 95, No. 23).
5. Repealer filed 10-1-2010 by Board of Governors of California Community Colleges with Secretary of State; operative 10-31-2010. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2010, No. 41).
§57030. Library Space. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901, 81805 and 81836, Education Code. Reference: Sections 81805 and 81836, Education Code.
HISTORY
1. Amendment filed 10-1-75; effective thirtieth day thereafter (Register 75, No. 40).
2. New NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
3. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
4. Editorial correction of History 3 (Register 95, No. 23).
5. Repealer filed 10-1-2010 by Board of Governors of California Community Colleges with Secretary of State; operative 10-31-2010. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2010, No. 41).
§57031. Abbreviations. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901, 81805 and 81836, Education Code. Reference: Sections 81805 and 81836, Education Code.
HISTORY
1. Amendment filed 10-1-75; effective thirtieth day thereafter (Register 75, No. 40).
2. New NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
3. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
4. Editorial correction of History 3 (Register 95, No. 23).
5. Repealer filed 10-1-2010 by Board of Governors of California Community Colleges with Secretary of State; operative 10-31-2010. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2010, No. 41).
§57032. Formula for Deriving the Standards. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901, 81805 and 81836, Education Code. Reference: Sections 81805 and 81836, Education Code.
HISTORY
1. Amendment filed 10-1-75; effective thirtieth day thereafter (Register 75, No. 40).
2. New NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
3. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
4. Editorial correction of History 3 (Register 95, No. 23).
5. Repealer filed 10-1-2010 by Board of Governors of California Community Colleges with Secretary of State; operative 10-31-2010. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2010, No. 41).
§57033. District Matching Share. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020, 81805 and 81838, Education Code. Reference: Sections 81802, 81806, 81807, 81830, 81831 and 81838, Education Code.
HISTORY
1. New section filed 2-6-86; effective thirtieth day thereafter (Register 86, No. 6). For history of former section, see Registers 83, No. 18 and 78, No. 3.
2. Repealer filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 23).
§57033.1. Determination of District's Matching Share; Adoption of Criteria; Chancellor's Recommendation; Review by Board in Forwarding Budget Request to Department of Finance.
Note • History
The Chancellor shall adopt criteria for determining districts' matching shares of the cost of capital outlay projects. Pursuant to that criteria, the Chancellor shall recommend each district's match, which shall be reviewed by the Board in forwarding its annual budget request to the Department of Finance for determination by the Legislature.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
§57034. Waiver of District Matching Share. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020, 81805 and 81838, Education Code. Reference: Sections 81802, 81806, 81807, 81830, 81831 and 81838, Education Code.
HISTORY
1. New section filed 2-6-86; effective thirtieth day thereafter (Register 86, No. 6).
2. Repealer filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 23).
Subchapter 1.5. Energy and Resource Conservation
Note • History
For the purposes of administration and implementation of Board of Governors Energy and Resources Policy under the Community College Construction Act, the provisions of this subchapter apply.
NOTE
Authority cited: Sections 66700, 70901 and 81805, Education Code. Reference: Sections 70901 and 81800-81839, Education Code.
HISTORY
1. New subchapter 2 (sections 57050-57055) filed 9-25-80; effective thirtieth day thereafter (Register 80, No. 39).
2. Redesignation of subchapter 2 as chapter 1.5 filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
3. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
4. Editorial correction of History 3 (Register 95, No. 23).
Note • History
For the purposes of this subchapter:
(a) “Energy Conservation Project” means the acquisition, development, or modification of facilities and equipment which result in the conservation of energy; energy audits; energy conservation and operating procedures; energy conservation measures; water conservation measures; and redraft consisting of modifications made to existing equipment or structures.
(b) “Energy Conservation Program,” means an organized activity approved and adopted by a community college district governing board in the form of a written summary of the activities by the district toward the conserving of energy sources.
(c) “Energy Audit (EA),” means the nontechnical review of a facility to ascertain the existing level of energy use efficiency.
(d) “Technical Audit” (TA), means a specialized study designed to identify and specify energy resource savings and related cost savings which may be realized as a result of modification of maintenance and operating procedures, acquisition and installation of one or more specified energy conservation measures, or planning of specific remodeling, renovation, repair and replacement of facilities.
(e) “Technical Auditor” means a California registered engineer with energy conservation experience authorized by the California Energy Commission to conduct technical audits for all public building in the State of California.
(f) “Pay-back Period” is the length of time required for the flow of net cash proceeds or cash saving produced by an investment to equal the original cash outlay required by the investment.
(g) “Energy Conservation Measure” means an installation or modification of a system in a building or facility which is primarily intended to reduce energy consumption or allow the use of a more desirable energy source.
NOTE
Authority cited: Sections 66700, 70901, and 81805, Education Code. Reference: Sections 70901, and 81800-81839, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
§57052. Need for Energy Conservation Projects.
Note • History
(a) For those districts requesting a state supported energy conservation project, a summary of the local district Energy Conservation program as adopted by the governing board shall be a part of the annual district Five-Year Construction Plan.
(b) A community college district submitting an energy conservation project for state aid under the capital outlay program of the Community College Construction Act of 1980 shall indicate the need for such assistance in the annual district Five-Year Construction Plan. Such need is to appear as a component part of the Statement of Educational Plans for the district.
NOTE
Authority cited: Sections 66700, 70901, and 81805, Education Code. Reference: Sections 70901, and 81800-81839, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
§57053. Identification of Energy Conservation Projects.
Note • History
(a) When the need for state financial assistance for an energy conservation project (as defined in subsection (a) of section 57051) has been adequately established, it shall be submitted as a project planning guide in accordance with established format to the Chancellor's Office.
(b) The project planning guide shall contain evidence of an approved Energy Audit (EA) on file with the California Energy Commission.
NOTE
Authority cited: Sections 66700, 70901, and 81805, Education Code. Reference: Sections 70901, and 81800-81839, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
§57054. Evaluation of Energy Conservation Projects.
Note • History
All projects submitted as energy conservation related shall be ranked on the basis of criteria developed by the Chancellor's Office and shall include but not be limited to:
(a) Level of energy use-those projects identified to correct conditions of higher energy use application shall receive higher priority evaluation.
(b) Pay-back period-those projects which by their design or proposed application demonstrate the shortest possible pay-back period shall receive higher priority evaluation.
(c) The extent to which the district has implemented an energy conservation program which meets the objectives specified in Board of Governors Policy Statement on Energy and Resource Conservation.
NOTE
Authority cited: Sections 66700, 70901, and 81805, Education Code. Reference: Sections 70901, and 81800-81839, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
§57055. Developmental Progression of Energy Conservation Related Capital Outlay Projects.
Note • History
(a) Energy conservation related projects shall be evaluated and ranked for approval by the Chancellor following the existing procedures for the statewide capital outlay program.
(b) Upon securing approval of a proposed energy conservation project by all appropriate review agencies, the governing board of a community college may submit to the Chancellor for approval, or disapproval, preliminary plans for the project.
(c) Preliminary plans for energy related projects shall include:
(1) The results of a technical audit (TA) performed by an authorized Technical Auditor which describes in detail the energy conservation measures the project is to institute.
(2) The status of the project as related to the various federal and state aided programs for energy conservation.
(3) An architectural and/or engineering analysis setting forth the detailed costs of the various elements of the project.
NOTE
Authority cited: Sections 66700, 70901, and 81805, Education Code. Reference: Sections 70901, and 81800-81839, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
§57060. Legislative Findings, Declarations and Intent; Energy Conservation.
Note • History
The Board of Governors finds and declares that it is in the interest of the state and of the people thereof for the state to aid community college districts in finding cost-effective methods of conserving energy in buildings maintained by the districts. The Board of Governors also finds that while many districts may desire to participate in energy conservation programs designed to reduce the steadily rising costs of meeting the energy needs of district buildings, that the costs involved in improving existing facilities to become more energy efficient are often prohibitive.
It is the intent of the Board of Governors in adopting this regulation to encourage community college districts to retrofit buildings so as to conserve energy and reduce the costs of supplying energy.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
§57061. Community College Districts, Borrowing; Retrofitting Buildings for Energy Conservation; Savings and Loan Investment.
Note • History
(a) Community college districts may borrow funds from federal or state regulated financial institutions for the purposes of design and construction costs associated with retrofitting buildings to become more energy efficient. Community college districts shall only be authorized to borrow an amount which does not exceed that which can be repaid from energy cost avoidance savings accumulated from the improvement of school facilities.
(b) Any savings and loan association may make loans or advances of credit pursuant to the provisions of subdivision (a) in an amount not in excess of 5 percent of its total assets. This investment may be in addition to any other investment savings and loan associations are permitted to undertake under the provisions of the Financial Code.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
3. Change without regulatory effect amending subsection (c) filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§57062. Pre-Audits and Post-Audits for Buildings.
Note • History
To the extent that these services are available, community college districts shall arrange for the pre-audit and post-audit of buildings by investor-owned or municipal utility companies or by independent energy audit companies or organizations which are recognized by federal or state regulated financial institutions. The pre-audit shall identify the type and amount of work necessary to retrofit the buildings and shall include an estimate of projected energy savings. The post-audit shall be conducted upon completion of the retrofitting of the buildings to insure that the project satisfies the recommendations of the pre-audit.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
Note • History
Community college districts taking action under this article shall contract with qualified businesses capable of retrofitting school buildings. To the extent that lists of qualified businesses are made available to community college districts by investor-owned or municipal utility companies or federal or state regulated financial institutions, community college districts may utilize the services of these businesses.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
Subchapter 2. Environmental Quality
Note • History
(a) The regulations adopted under this Chapter are pursuant to the California Environmental Quality Act of 1970 (division 13 commencing with section 21000 of the Public Resources Code) and Guidelines adopted by Secretary for Resources in Division 6, Title 14, California Administrative Code.
(b) The purpose of these regulations is to provide basic principles, objectives, criteria and definitions for use by the Chancellor of the California Community Colleges in reviews required by the Education Code of community college construction projects.
(c) It is the intent of the Board of Governors to adopt in substance the Guidelines adopted by the Secretary for Resources in division 6, title 14, California Administrative Code, section 15000 et seq.
NOTE
Authority cited: Sections 66700 and 70901, Education Code, and Section 21082, Public Resources Code. Reference: Division 13 (commencing with Section 21000), Public Resources Code.
HISTORY
1. New chapter 2 (sections 57100 through 57140, not consecutive) filed 4-26-74; effective thirtieth day thereafter (Register 74, No. 17).
2. Amendment of NOTE filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
3. Repealer of article 1 heading and amendment of section filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
4. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
5. Editorial correction of History 4 (Register 95, No. 23).
History
HISTORY
1. Repealer filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
§57120. Basic Guidelines. [Repealed]
History
HISTORY
1. Repealer of Article 2 heading and Section 57120 filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
Note • History
(a) When reviewing proposals from Community College districts for acquisition of land to be used as a site for college facilities, the Chancellor shall also review the Community College district's Initial Study (section 15080, title 14, California Administrative Code) of the development intended on the land and include the result of this review in a site review report.
(b) The Chancellor shall require that proposals for initial construction of facilities for a new campus be accompanied by a long-range plan for physical development approved by the district governing board which shows the intended use of all portions of the land and approximate location of buildings and facilities.
(c) The Chancellor shall require that an Initial Study, pursuant to section 15080, title 14, California Administrative Code, be submitted to the Chancellor's office concurrent with other required information.
(d) The Chancellor shall require that a copy of the (1) finding of Categorical Exemption (section 15023, title 14, California Administrative Code); Negative Declaration (section 15083, Title 14, California Administrative Code); or Notice of Completion (section 15085(c), title 14, California Administrative Code), whichever is appropriate, be submitted to his office concurrently with preliminary plans.
(e) The Chancellor shall require a copy of the findings of Categorical Exemption or Notice of Determination (section 15085(g), Title 14, California Administrative Code), whichever is appropriate, be submitted to the Chancellor's office concurrently with plans submitted for approval in accordance with section 81837 of the Education Code.
(f) The Chancellor shall withhold authorization of the use of state funds for construction until requirements of the California Environmental Quality Act of 1970 have been met.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Division 13 (commencing with Section 21000), Public Resources Code.
HISTORY
1. Amendment filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
2. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
3. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
4. Editorial correction of History 3 (Register 95, No. 23).
§57140. Procedures. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020 and 71062, Education Code. Reference: Section 71091, Education Code; Division 13 (commencing with Section 21000), Public Resources Code.
HISTORY
1. Amendment filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
2. Repealer of article 3 heading and new NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
3. Repealer filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
4. Editorial correction of History 3 (Register 95, No. 23).
Subchapter 3. District Funded Construction Projects
Note • History
The purpose of these regulations is to provide basic definitions, principles, and standards for use by the Chancellor of the California Community Colleges in considering any district-funded construction project subject to the requirements of section 81837 of the Education Code.
NOTE
Authority cited: Sections 66700, 70901, and 81836, Education Code. Reference: Sections 81836 and 81837, Education Code.
HISTORY
1. New chapter 3 (sections 57150-57158, not consecutive) filed 10-30-80; effective thirtieth day thereafter (Register 80, No. 44).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 23).
Note • History
(a) “Capital Outlay Project” includes purchase of land and costs related thereto, including court costs, condemnation costs, legal fees, title fees, etc.; construction projects, including working drawings; and equipment related to a construction project regardless of cost or timing.
(b) “Construction Project” includes new construction, alteration, and extension or betterment of existing structures.
(c) “State-Funded Project” means a capital outlay project qualifying as a project pursuant to section 81805 of the Education Code, and for which a district requests or receives State funding assistance.
(d) “District-Funded Project” means a capital outlay project subject to the provisions of section 81837 of the Education Code for which any funds, other than state funds, are paid or to be paid for erecting, adding to, or altering any community college facility.
(e) “Five-Year Construction Plans” means a plan for capital construction for community college purposes of a community college district for the five-year period commencing with the next proposed year of funding.
NOTE
Authority cited: Sections 66700, 70901 and 81836, Education Code. Reference: Sections 81836 and 81837, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
Note • History
In each case, the application for approval of plans for a district-funded project shall be accompanied by the plans and full, complete and accurate take-off of assignable and gross square feet of space, which shall comply with any and all requirements prescribed by the Chancellor.
NOTE
Authority cited: Sections 66700, 70901, and 81836, Education Code. Reference: Sections 81836 and 81837, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
Note • History
The review and evaluation of plans for a district-funded project by the Chancellor, shall include the following elements:
(a) Review and evaluate each district-funded project with reference to the elements of the capital construction program specified in Education Code section 81821.
(b) The review and evaluation shall be directed particularly to ascertain whether the locally funded project is of appropriate size, is appropriately timed and is justified in terms of the elements of the capital construction plans and where applicable, the standards as adopted by the Board of Governors.
NOTE
Authority cited: Sections 66700, 70901, and 81836, Education Code. Reference: Sections 81836 and 81837, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
§57158. Chancellor's Response to Request for Approval of Plans.
Note • History
(a) When analysis by the Chancellor shows that approval of the plans for a proposed locally-funded construction of a community college facility would not result in facilities which would be substantially at variance with space and utilization standards adopted by the Board of Governors, the Chancellor shall approve the plans.
(b) When analysis by the Chancellor shows that approval of the plans would result in facilities which would be substantially at variance with space and utilization standards adopted by the Board of Governors, the Chancellor shall respond by:
(1) Imposing conditions for the approval of the plans; or
(2) Finding that despite the substantial variance with space standards, the plans, as submitted, are acceptable, and responding to the district with:
(A) Cautions, and/or
(B) Appraisal of the potential consequences of this variance.
NOTE
Authority cited: Sections 66700, 70901 and 81836, Education Code. Reference: Sections 81836 and 81837, Education Code.
HISTORY
1. Amendment of subsection (b) filed 1-16-81; effective thirtieth day thereafter (Register 81, No. 3).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 23).
Subchapter 4. Deferred Maintenance
Note • History
For the purposes of administration and implementation of the Community Colleges Facility Scheduled Maintenance and Special Repair Program as required by Education Code section 84660, the provisions of this subchapter shall apply.
NOTE
Authority cited: Sections 66700, 70901 and 84660, Education Code. Reference: Section 84660, Education Code.
HISTORY
1. New chapter 4 (sections 57200-57205) filed 7-8-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 23).
4. Change without regulatory effect amending section filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
Each community college district applying to receive funds pursuant to this subchapter shall:
(a) Prepare and submit to the Chancellor a current five-year maintenance plan. The plan shall be consistent with the district's five-year capital outlay plan, but shall not duplicate that plan. The plan shall provide for ongoing as well as scheduled maintenance.
(b) Maintain a level of ongoing maintenance during the year for which funds are requested commensurate with the level of activity in prior years.
NOTE
Authority cited: Sections 66700, 70901 and 84660, Education Code. Reference: Section 84660, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
3. Change without regulatory effect amending first paragraph and subsection (a) filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§57202. Application for Funds.
Note • History
Districts shall apply to the Chancellor's Office for funding for scheduled maintenance in the form and manner specified by the Chancellor.
NOTE
Authority cited: Sections 66700, 70901 and 84660, Education Code. Reference: Section 84660, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
3. Change without regulatory effect amending section filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
The Chancellor shall allocate the funds appropriated by the Legislature as soon as such funds are available, and in accordance with the project priorities established, provided that ten percent (10%) of the funds may be held for contingencies that may occur during the year. Any such funds initially held for contingencies shall be allocated prior to the end of the fiscal year.
NOTE
Authority cited: Sections 66700, 70901 and 84660, Education Code. Reference: Section 84660, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
§57204. Selection of Projects.
Note • History
The Chancellor shall evaluate district applications and rank projects for funding. Projects shall be ranked for funding using the following criteria, which shall be ranked equally:
(a) Health and Safety. Priority shall be given to projects necessary to meet safety requirements and to correct hazardous conditions which, if uncorrected, would result in facility closure or danger to staff and students utilizing the facility.
(b) Prevention of Further More Costly Repairs. Priority shall be given to scheduled maintenance for instructional facilities necessary to prevent substantially increased maintenance or replacement costs in the future.
(c) Disruption of Programs. Priority shall be given to projects necessary to prevent disruption of instructional programs.
NOTE
Authority cited: Sections 66700, 70901 and 84660, Education Code. Reference: Section 84660, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
3. Change without regulatory effect amending subsection (b) filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
The Chancellor will allocate funds for only fifty percent of the costs for a scheduled maintenance project. In accepting funds under this subchapter, a district agrees to spend district funds necessary to complete the project. The Chancellor may waive this requirement in whole or in part for projects for which the district demonstrates that it cannot make available fifty percent of the costs for the project from other sources.
The Chancellor shall waive this requirement only for projects with high priority for funding. Highest priority shall be given to those projects which the Chancellor determines are necessary to prevent a facility from being closed.
Where projects would otherwise be of equal rank, first priority shall be given to those projects for which the district provides matching funds.
NOTE
Authority cited: Sections 66700, 70901 and 84660, Education Code. Reference: Section 84660, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
3. Change without regulatory effect amending first paragraph filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Chapter 9. Fiscal Support
Subchapter 1. Attendance
Article 1. General Provisions
Note • History
The documentation requirements set forth in this subchapter have been developed to promote standardized, accurate reporting of data used for calculating the State general apportionment, and to facilitate audits of related community college records. This documentation, based on detailed tabulations of course sections and appropriate support records as described below, shall be available to the auditor retained by the district pursuant to Education Code Section 84040, the Department of Finance, the Auditor General, and the Chancellor's Office. These records may also be required by federal auditors when federal funds are involved.
NOTE
Authority cited: Sections 66700, 70901 and 78401, Education Code. Reference: Sections 70901, 84040 and 84040.5, Education Code.
HISTORY
1. New division 9, chapters 1 through 4 ( §§ 58000-58253, not consecutive) filed 12-29-71; effective thirtieth day thereafter (Register 72, No. 1).
2. Amendment of section and NOTE filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
3. Repealer of division 9 (chapters 1-4, sections 58000-58253, not consecutive) filed 12-21-81; effective thirtieth day thereafter (Register 81, No. 52). For prior history, see Registers 79, No. 46; 77, No. 45; and 72, No. 1.
4. New division 9 (chapters 1-4, sections 58000-58308, not consecutive) filed 7-29-82; effective thirtieth day thereafter (Register 82, No. 31).
5. Amendment of section and Note filed 5-15-93; operative 6-14-93 (Register 93, No. 25).
§58002. Change in Academic Year Terms.
Note • History
Prior to any change in academic year terms, including the addition, deletion, shortening, or lengthening of any term, the governing board of a district shall request and obtain the approval of the Chancellor. The provisions of Subchapter 8 (commencing with Section 55700) of Chapter 6 shall govern the content, review, and approval of such requests.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. Amendment of section and Note filed 5-15-93; operative 6-14-93 (Register 93, No. 25).
2. Amendment of section and Note filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
Article 2. Attendance Reporting Procedures
§58003. Computation of ADA. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020, 76300 and 84520, Education Code. Reference: Sections 76300, 84520, 84521 and 84522, Education Code.
HISTORY
1. New section filed 11-10-82; effective thirtieth day thereafter (Register 82, No. 46).
2. Repealer filed 5-15-93; operative 6-14-93 (Register 93, No. 25).
§58003.1. Full-time Equivalent Student; Computation.
Note • History
(a) Pursuant to the provisions of section 58051, the units of full-time equivalent student for apportionment purposes shall be computed for courses, including those delivered by distance education under article 1 (commencing with section 55200) of subchapter 3 of chapter 6, based on the type of course, the way the course is scheduled, and the length of the course.
(b) The governing board of each community college district shall, for each of its colleges or its district, select and establish a single primary term length for credit courses that are scheduled regularly with respect to the number of days of the week and the number of hours the course meets each week, inclusive of holidays. The units of full-time equivalent student of credit courses scheduled coterminously with the term, exclusive of independent study and cooperative work-experience education courses, shall be computed by multiplying the student contact hours of active enrollment as of Monday of the weeks nearest to one-fifth of the length of the term, unless other weeks are specified by the Chancellor to incorporate past practice, by the term length multiplier, and divided by 525. The term length multiplier for attendance accounting purposes shall be determined in accordance with this chapter, provided that the maximum multiplier for semester length terms shall be 17.5 and the maximum multiplier for quarter length terms shall be 11.67.
(c) For credit courses scheduled to meet for five or more days and scheduled regularly with respect to the number of hours during each scheduled day, but not scheduled coterminously with the college's primary term established pursuant to subdivision (b), or scheduled during the summer or other intersession, the units of full-time equivalent student, exclusive of independent study and cooperative work-experience education courses, shall be computed by multiplying the daily student contact hours of active enrollment as of the census days nearest to one fifth of the length of the course by the number of days the course is scheduled to meet, and dividing by 525.
(d) For credit courses scheduled to meet for fewer than five days, and all credit courses scheduled irregularly with respect to the number of days of the week and the number of hours the course meets on the scheduled days, the units of full-time equivalent student, exclusive of independent study and cooperative work-experience education courses, shall be computed by dividing actual student contact hours of attendance by 525.
(e) For all open entry-open exit credit courses and for all noncredit courses otherwise eligible for state aid, except those described in subdivision (f), the units of full-time equivalent student shall be computed by dividing actual student contact hours of attendance by 525.
(f) For distance education courses not computed using other attendance accounting procedures described in this section and for independent study and cooperative work-experience education courses, the following alternative attendance accounting procedure shall be used:
(1) For credit courses, for purposes of computing full-time equivalent student only, one weekly student contact hour shall be counted for each unit of credit for which a student is enrolled in one of those courses. The full-time equivalent student of those courses shall be computed by multiplying the units of credit for which students are enrolled as of the census day prescribed in subdivision (b) or (c), as appropriate, for the primary term or intersession and duration for which the course is scheduled, by the term length multiplier as provided for in subdivision (b), and dividing by 525.
(2) For noncredit course sections covered by this subdivision, for purposes of computing full-time equivalent student only, weekly student contact hours shall be derived by counting the total hours of instruction or programming received by the students, plus instructor contact as defined in sections 55204 or 55234, plus outside-of-class work expected as noted in the course outline of record and approved by the curriculum committee, and dividing the total number of hours for the course thus derived by 54. Hours of instruction or programming received shall be independently verified by the instructor using a method or procedure approved by the district according to policies adopted by the local governing board as required by section 58030. Full-time equivalent student for such noncredit course sections shall be computed by:
(A) multiplying the average of the number of students actively enrolled in the section as of each census date (those dates nearest to one-fifth and three-fifths of the length of the course section) by,
(B) the weekly student contact hours as derived above in this section, by
(C) the primary term length multiplier of 17.5, and
(D) dividing by 525.
(g) Notwithstanding subdivisions (b) and (c) of this section, the units of full-time equivalent student for any credit course other than independent study and cooperative work-experience education courses may, at the option of the district, be computed by dividing the actual student contact hours of attendance by 525. When a district chooses to exercise the option of computing attendance for any course section by the actual student contact hours method, such method must be used consistently for all attendance accounting for that section.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of printing error inserting (a) in first paragraph (Register 91, No. 43).
3. Amendment of subsections (b), (c) and (g) filed 5-15-93; operative 6-14-93 (Register 93, No. 25).
4. Amendment of subsections (a), (f) and (g) and new subsections (f)(1)-(2) filed 4-29-94; operative 5-29-94. Submitted to OAL for printing only (Register 94, No. 18).
5. Amendment of section heading and text filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
6. Editorial correction of History 1 (Register 95, No. 23).
7. Amendment of subsection (f)(2) filed 12-27-2000; operative 1-26-2001. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2001, No. 7).
8. Amendment of subsections (d) and (f)(1)-(2) filed 12-3-2001; operative 1-2-2002. Submitted to OAL for printing only (Register 2001, No. 50).
9. Amendment filed 5-20-2002; operative 6-19-2002. Submitted to OAL for printing only (Register 2002, No. 26).
10. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
11. Amendment filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
12. Amendment of subsections (e), (f) and (f)(2) filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
§58003.2. Credit Courses; Full Term; Less Than Full Term.
Note • History
(a) For the purposes of this Chapter, full-time equivalent student (FTES) of students enrolled in any credit course, which is scheduled for the full term of a quarter or a semester, or for other sessions as approved by the Chancellor to meet the requirements of Section 58142, shall be computed pursuant to Section 58003.1.
(b) Notwithstanding the provisions of Section 58003.1, full-time equivalent student (FTES) of students enrolled in any credit course, other than courses offered pursuant to Subsection (a) of Section 58051 or Section 58009.5, which is scheduled for a period of time other than the full term of a quarter or semester, or for other sessions approved for the purposes of Section 58142, shall be computed by dividing actual class hours of attendance by 525.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Editorial correction of History 1 (Register 95, No. 23).
Note • History
Notwithstanding section 68062 of the Education Code, for the purposes of crediting community college attendance for apportionments from the State School Fund, a community college district may claim the attendance of students living in California who have been lawfully admitted to the United States in accordance with all applicable laws of the United States and enrolled in noncredit courses.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Editorial correction of History 1 (Register 95, No. 23).
4. Amendment filed 5-20-2002; operative 6-19-2002. Submitted to OAL for printing only (Register 2002, No. 26).
§58003.4. Full-Time Equivalent Student; Periodic Reports; Increases and Decreases in Apportionments.
Note • History
(a) For the purposes of this chapter, the governing board of each community college district shall report to the Chancellor during each fiscal year the full-time equivalent student of the district for:
(1) the period between July 1st and December 31st to be known as the “first period” report for the first principal apportionment, and
(2) the period between July 1st and April 15th, inclusive, to be known as the “second period” report for the second principal apportionment.
(3) The period between July 1st and June 30th, inclusive, to be known as the “annual report.” If the full-time equivalent student in the colleges of a district for the period of time between July 1st and June 30th is greater or less than the full-time equivalent student in the colleges reported for the second period report, the appropriate increases and decreases in the attendance shall be recomputed on the basis of the fiscal year in which such increases and decreases in full-time equivalent student were applicable, and the appropriate increases and decreases in apportionment shall be added or withheld in the next succeeding fiscal year pursuant to section 58134.
(b) If a district determines, after filing its annual report, that the actual full-time equivalent student in the colleges of the district for the period of time between July 1st and June 30th is greater or less than the full-time equivalent student in the colleges reported in its annual report, the district shall report the appropriate increases and decreases in attendance for that fiscal year and the appropriate increases and decreases in apportionment shall be added or withheld in the next succeeding fiscal year pursuant to section 58134. This report shall be known as the “revised annual report.”
(c) A district's annual report shall also be known as its “final attendance report” for the fiscal year in question unless a revised annual report is filed pursuant to subdivision (b), in which case, the revised annual report shall be deemed to be the “final attendance report” for that fiscal year.
(d) Each report shall be prepared in accordance with deadlines and instructions on forms prescribed and furnished by the Chancellor, and full-time equivalent student shall be computed as required by such forms.
The attendance in noncredit classes maintained after April 15 of the preceding year and prior to the end of each reporting period shall be reported on each report.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of printing error in subsection (2) (Register 91, No. 43).
3. Amendment filed 5-15-93; operative 6-14-93 (Register 93, No. 25).
4. Amendment of section heading and text filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
5. Editorial correction of History 1 (Register 95, No. 23).
6. Amendment filed 6-13-2008; operative 7-13-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 25).
§58003.5. Computation of ADA for Fiscal Year 1982-83. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020, 76300 and 84520, Education Code. Reference: Sections 76300 and 84520, Education Code.
HISTORY
1. New section filed 11-10-82; effective thirtieth day thereafter (Register 82, No. 46).
2. Repealer filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§58003.6. Apportionment for Certain Nonresidents Attending High School in California.
Note • History
In accordance with section 68130.5 of the Education Code, students who are exempt from nonresident tuition pursuant to section 54045.5 may be included in calculating credit full-time equivalent student (FTES) for apportionment purposes.
NOTE
Authority cited: Sections 66700, 68130.5 and 70901, Education Code. Reference: Section 68130.5, Education Code.
HISTORY
1. New section filed 5-3-2002; operative 6-2-2002. Submitted to OAL for printing only (Register 2002, No. 25).
§58004. Application of Census Procedures.
Note • History
(a) The census procedures specified in subdivisions (b) and (c) of section 58003.1 shall apply to all credit courses, except for work experience and independent study pursuant to subdivision (f) of section 58003.1, and credit courses which are being reported on an actual attendance basis pursuant to subdivision (g) of section 58003.1.
(b) The single primary term length census procedure specified in subdivision (b) of section 58003.1 shall be applied using the following:
(1) The term length multiplier shall be determined by counting each week in which at least three days of instruction or examination in term length courses are scheduled.
(2) Courses scheduled coterminous with the term are those courses scheduled to meet each week of the term, exclusive of final examination scheduling.
(3) The census procedure specified in this subdivision may not be applied to any term shorter than ten weeks.
(c) Districts shall, according to procedures adopted by the governing board, clear the rolls of inactive enrollment. Inactive enrollment in a course is defined as follows:
As of each census day, any student who has
(1) Been identified as a no show, or
(2) Officially withdrawn from the course, or
(3) Been dropped from the course. A student shall be dropped if no longer participating in the course, except if there are extenuating circumstances. “No longer participating” includes, but is not limited to, excessive unexcused absences but must relate to nonattendance. “Extenuating circumstances” are verified cases of accidents, illness, other circumstances beyond the control of the student, and other conditions defined by the governing board and published in regulations. The “drop date” shall be the end of business of the day immediately preceding the census day.
NOTE
Authority cited: Sections 66700, 70901, 78401 and 84500, Education Code. Reference: Sections 70901 and 84500, Education Code.
HISTORY
1. New section filed 11-10-82; effective thirtieth day thereafter (Register 82, No. 46).
2. Amendment of subsections (a) and (b) and Note filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
3. Amendment of subsections (a), (b)(3) and (c)(3) filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§58005. Census Weeks and Census Days. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Repealer filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
3. Editorial correction of History 1 (Register 95, No. 23).
§58006. Application of Actual Student Contact Hours of Attendance Procedure.
Note • History
The actual student contact hours of attendance procedure is based upon a count of students present at each course meeting, and shall apply to:
(a) All credit courses (exclusive of independent study, work experience and distance education courses computed using the alternative attendance accounting procedure described in subdivision (f) of section 58003.1) scheduled to meet for fewer than five days, or credit courses of five or more days which are scheduled irregularly with respect to the number of days of the week and the number of hours the course meets;
(b) All open entry/open exit courses;
(c) All noncredit courses otherwise eligible for state aid except those computed using the alternative attendance accounting method described in subdivision (f)(2) of section 58003.1;
(d) Inservice training courses in the areas of police, fire, corrections, and other criminal justice system occupations as defined in subdivision (c) of section 58051.
(e) The attendance of students other than indentured apprentices who are actively enrolled in apprenticeship courses of related and supplemental instruction.
(f) A district may use, but shall not be required to use the actual student contact hours of attendance procedure for any other credit course, exclusive of independent study and work experience education courses, which it offers.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 84500, Education Code.
HISTORY
1. Amendment of subsections (d) and (f) and Note filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
2. Amendment of subsections (a) and (c) filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
Note • History
Contact hours of enrollment in noncredit courses, except for noncredit courses using the alternative attendance accounting procedure described in subdivision (f)(2) of section 58003.1, shall be based upon the count of students present at each course meeting. Full-time equivalent student in noncredit courses shall be computed by dividing the sum of contact hours of enrollment by 525, except for noncredit courses using the alternative attendance accounting procedure described in section 58003.1(f)(2).
Nonresidents may be claimed for purposes of calculating full-time equivalent student only if they are living in California during the period of attendance and are otherwise eligible for such purposes as provided in this chapter.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment filed 4-29-94; operative 5-29-94. Submitted to OAL for printing only (Register 94, No. 18).
3. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
4. Editorial correction of History 1 (Register 95, No. 23).
5. Amendment filed 5-20-2002; operative 6-19-2002. Submitted to OAL for printing only (Register 2002, No. 26).
6. Amendment of section heading and section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
7. Amendment filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
§58008. Application of Actual Clock Hours of Teaching Procedure.
Note • History
Actual clock hours of teaching procedure is based upon a count of each 50- through 60-minute hour of instruction devoted to each indentured apprentice enrolled in and attending apprenticeship courses of related and supplemental instruction pursuant to Labor Code section 3074.
NOTE
Authority cited: Sections 8150-8153.5, 66700 and 70901, Education Code; and Section 3074, Labor Code. Reference: Sections 8150-8153 and 70901, Education Code; and Section 3074, Labor Code.
HISTORY
1. Amendment of section and Note filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
2. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§58009. Application of Alternate Attendance Procedure for Independent Study, Work-Experience and Certain Distance Education Courses.
Note • History
(a) For independent study, cooperative work-experience and distance education courses using the attendance accounting procedure specified in subdivision (f) of section 58003.1, one weekly student contact hour shall be counted for each unit of credit for which the student is enrolled as of the census day prescribed in section 58003.1(b) or (c), except for independent study or distance education laboratory courses. For independent study or distance education laboratory courses, weekly student contact hours shall be equivalent to those which would be generated for the same student effort in a laboratory course computed pursuant to subdivisions (b) or (c) of section 58003.1. For purposes of this section only, a “distance education laboratory course” means a distance education course which consists partly or exclusively of laboratory work.
(b) For credit courses, full-time equivalent student in courses described in subdivision (a) offered during primary terms is computed by multiplying the weekly student contact hours authorized pursuant to subdivision (a), generated as of the census date prescribed in section 58003.1(b) by the term length multiplier as provided for in section 58003.1, and dividing by 525.
(c) For noncredit courses described in subdivision (a), full-time equivalent student is computed on a census basis as prescribed in section 58003.1(f)(2).
(d) Full-time equivalent student in credit courses described in subdivision (a) which are conducted during a summer or other intersession is computed by multiplying the weekly student contact hours, authorized pursuant to subdivision (a) of this section, generated in each course, by a course length multiplier that produces the same total weekly student contact hours for the same student effort as would be generated in such courses conducted in the primary terms, and dividing by 525.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 6-8-83; effective thirtieth day thereafter (Register 83, No. 24).
2. Amendment filed 6-4-85; effective thirtieth day thereafter (Register 85, No. 23).
3. Amendment of subsections (a) and (b) and Note filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
4. Amendment filed 4-29-94; operative 5-29-94. Submitted to OAL for printing only (Register 94, No. 18).
5. Amendment of section heading and text filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
6. Amendment of subsection (c) filed 12-27-2000; operative 1-26-2001. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2001, No. 7).
7. Amendment of subsection (c) filed 12-3-2001; operative 1-2-2002. Submitted to OAL for printing only (Register 2001, No. 50).
8. Amendment filed 5-20-2002; operative 6-19-2002. Submitted to OAL for printing only (Register 2002, No. 26).
9. Amendment of subsections (a), (b) and (d) filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
10. Amendment of subsections (b) and (c) filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
11. Amendment of section heading and section filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
§58009.5. Computation for Work-Experience Education Programs.
Note • History
For the purposes of computing full-time equivalent student of community college students in cooperative education or work-experience education programs, the following provisions shall apply.
(a) One student contact hour is to be counted for each unit of cooperative education or work-experience credit in which a student is enrolled during any census period. In no case shall duplicate student contact hours be counted for classroom study and cooperative education or work-experience. The maximum contact hours counted for a student shall not exceed the maximum number of cooperative education or work-experience units for which the student may be granted credit under the rules and regulations of the Chancellor's Office.
(b) “Immediate supervision” of off-campus work stations shall be defined as student participation in on-the-job training as outlined under a training agreement, coordinated by the community college district under a state-approved plan, wherein the employer and the qualified community college coordinator share responsibility for on-the-job supervision.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment of section heading, first paragraph and subsection (a) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Editorial correction of History 1 (Register 95, No. 23).
§58010. Reporting Date Procedures.
Note • History
The governing board of each community college district shall report full-time equivalent student in accordance with the provisions of section 58003.4.
(a) Full-time equivalent student for courses using census procedure may be reported in either the fiscal year in which the census day procedure is completed or in which the course ends.
If the summer, full-time equivalent student, reported by a district as specified above, impacts other districts' apportionment to the detriment of the system by maximizing the district's reported FTES, and thereby resulting in the district's prior or succeeding year's reported FTES being less than its funded base FTES, the Chancellor shall have the authority to prescribe to the district the reporting of its summer FTES.
(b) For courses using actual student contact hours of attendance procedure, the full-time equivalent student shall be reported in the period immediately following the completion of the course, even if the course overlaps fiscal years.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. Amendment of section and Note filed 2-4-93; operative 3-6-93 (Register 93, No. 6).
2. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Amendment of subsection (a) and new subsection (c) filed 9-3-98; operative 10-3-98. Submitted to OAL for printing only (Register 98, No. 37).
4. Amendment of first paragraph and repealer of subsection (c) filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§58012. Decimals; Rounding Off; References to Whole Numbers.
Note • History
In any computation of full-time equivalent student made under, or necessitated by any provision of law, the full-time equivalent student shall be computed to four decimal places and rounded to two decimal places for the purpose of reporting to the Chancellor's Office.
Whenever any reference is made to a specific whole number of units of full-time equivalent student said number shall include any fraction above said number which is less than one-half of a unit and any fraction of one-half or more of a unit above the next lowest whole number.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Editorial correction of History 1 (Register 95, No. 23).
Article 3. Tabulations
§58020. Census Day Procedure Tabulations.
Note • History
(a) For each course section census week, as defined in section 58003.1(b), or each course section census day, as defined in section 58003.1(c), a separate tabulation is required for each of the course categories using a census day procedure. Each tabulation shall provide a detailed listing for each course section as follows:
(1) Identification:
(A) Static course identifier code
(B) Section identifier code
(C) Title
(D) Method of instruction code
(2) Number of days the daily census course is scheduled to meet or number of weeks the weekly census course is scheduled to meet.
(3) Number of class hours each daily census course section is scheduled to meet on the census day or number of class hours each weekly census course is scheduled to meet during the census week.
(A) For other than independent study and work experience courses, each listing will include:
1. Regularly scheduled contact hours
2. Hours to be arranged (TBA)
3. Total contact hours scheduled per week
(B) For independent study and work experience courses each listing will include the range of units of credit allowed.
(4) Beginning and ending dates.
(5) Date of census days.
(6) An alphabetical list of each student actively enrolled in each course section indicating:
(A) Name (last, first, initial)
(B) Student identification code
(C) Residency category as specified on Form CCFS 320
(D) Scheduled contact hours per week or per day (or units of credit for which enrolled in independent study and work experience courses).
(b) Each tabulation shall also provide a grand total of student contact hours generated by residency category.
NOTE
Authority cited: Sections 66700, 70901 and 84500, Education Code. Reference: Sections 70901, 84040 and 84040.5, Education Code.
HISTORY
1. Amendment of subsection (a) filed 3-7-85; effective thirtieth day thereafter (Register 85, No. 10).
2. Amendment of subsection (a) and Note filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
§58022. Actual Student Contact Hours of Attendance Procedure Tabulations.
Note • History
(a) A separate tabulation is required for each of the course categories described in section 58006 of this subchapter. Each tabulation shall provide a detailed listing for each course section as follows:
(1) Identification:
(A) Static course identifier code.
(B) Section identifier code.
(C) Title.
(D) Method of instruction code.
(2) Number of days the course is scheduled to meet.
(3) Number of class hours each course section is scheduled to meet.
(4) Beginning and ending dates.
(5) An alphabetical list of each student actively enrolled in each course section indicating:
(A) Names (last, first, initial).
(B) Student identification code.
(C) Residency category as specified on Form CCFS 320.
(D) Actual student contact hours of attendance.
(b) Each tabulation described in this section shall also provide a grand total of actual student contact hours of attendance generated by residency category.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 84040 and 84040.5, Education Code.
HISTORY
1. Amendment of subsection (a) and Note filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
2. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
For purposes of this Article, the class hour unit for graded and ungraded classes is defined as not less than 50 consecutive minutes exclusive of passing time. In block scheduling of more than one class hour only one contact hour may be counted in each clock hour of 60 minutes, except that a fractional part of class hour beyond the last full clock hour may be counted from and including the 51st minute of the last full clock hour providing there is no class break in the last full clock or the partial class hour. The divisor for this fractional part of a class hour shall be 50.
The Chancellor's Office may, by rule and regulation, make any and all other provisions necessary to carry out the provisions of this Article.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Editorial correction of History 1 (Register 95, No. 23).
§58024. Actual Apprentice Hours of Teaching Procedure Tabulations.
Note • History
(a) A separate tabulation is required for all indentured apprentices actively enrolled in each apprenticeship course of related and supplemental instruction pursuant to Labor Code Section 3074. Each tabulation shall provide a detailed listing for each course section as follows:
(1) identification
(A) static course identifier code
(B) section identifier code
(C) title
(D) method of instruction code
(2) number of days the course is scheduled to meet.
(3) number of clock hours each course section is scheduled to meet.
(4) beginning and ending dates.
(5) an alphabetical list of each student considered part of the active enrollment in each course section indicating:
(A) names (last, first, initial)
(B) student identification code, and
(C) actual clock hours (of 50 to 60 minutes) of attendance.
(b) Each tabulation described in this Section shall also provide a grand total of actual clock hours of attendance.
NOTE
Authority cited: Sections 8150-8152, 66700 and 70901, Education Code; and Section 3074, Labor Code. Reference: Sections 8150-8152, 70901, 84040 and 84040.5, Education Code; and Section 3074, Labor Code.
HISTORY
1. Amendment of Note filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
2. Amendment of section heading, text and Note filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
Note • History
The attendance of all students who are not residents of a community college district in courses during the academic year shall be kept separately from all other attendance, and the units of full-time equivalent student for such students shall be computed on an individual basis in the applicable manner prescribed in Section 58003.1 or Section 58007.
The units of full-time equivalent student of students who are not residents of the community college district enrolled in intersession schools and classes for adults shall be kept separately from all other attendance, and the units of full-time equivalent student for such students shall be computed on an individual basis in the applicable manner prescribed in Section 58003.1 or Section 58007.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment of section and Note filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Editorial correction of History 1 (Register 95, No. 23).
Article 4. Support Documentation
§58030. Support Documentation.
Note • History
The governing board of each district shall adopt procedures that will document all course enrollment, attendance and disenrollment information required by the provisions of this subchapter. Authorized procedures shall include rules for retention of support documentation which will enable an independent determination regarding the accuracy of tabulations submitted by the district to the Chancellor's Office as the basis of its claim for State support. Such support documentation procedures shall provide for accurate and timely attendance and contact hour data and shall be so structured as to provide for internal controls.
The governing board of each district shall, upon request, make available to the Chancellor's Office a copy of its authorized procedures for course enrollment, attendance and disenrollment documentation.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 84040.5, 84040.6 and 84500, Education Code.
HISTORY
1. Amendment filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
§58031. Calculation of Attendance When Records Are Lost or Destroyed.
Note • History
Whenever any attendance records of any district have been lost or destroyed, making it impossible for an accurate report on full-time equivalent student (FTES) for the district for any fiscal year to be rendered, which fact shall be shown to the satisfaction of the Board of Governors by the affidavits of the members of the governing board of the district, the Board of Governors shall estimate the FTES of such district. The estimated FTES shall be deemed to be the actual FTES for that fiscal year for the making of apportionments to the district from the State School Fund.
NOTE
Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Sections 70901 and 84750, Education Code.
HISTORY
1. New section filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
2. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
Article 5. Attendance Accounting Standards
§58050. Conditions for Claiming Attendance.
Note • History
(a) All of the following conditions must be met in order for the attendance of students enrolled in a course to qualify for state apportionment:
(1) The course or the program of which it is a part must be approved by the Board of Governors in accordance with the provisions of subchapter 2 (commencing with section 55100) of chapter 6.
(2) The course must meet the criteria and standards for courses prescribed by section 55002.
(3) Unless expressly exempted by statute, the course must be open to enrollment by the general public, in accordance with section 58051.5 and article 1 (commencing with section 58100) of subchapter 2 of this chapter.
(4) The district may not receive full compensation for the direct education costs for the course from any public or private agency, individual or group of individuals in accordance with section 58051.5.
(5) The students enrolled in the course must be engaged in educational activities required of such students as described in the course outline of record. The number of contact hours for which apportionment is claimed shall not exceed the number specified in the course outline of record, subject to computation adjustments authorized pursuant to other provisions of this subchapter including, but not limited to, sections 58003.1, 58023 and 58164. If the course involves student use of district computers, other equipment, or facilities, the district shall monitor usage of such equipment or facilities as part of the course to ensure that they are used solely for the specified educational activities.
(6) The students must be under the immediate supervision of an employee of the district, unless provided otherwise by law.
(7) The employee of the district must hold valid and unrevoked credentials or be employed pursuant to minimum qualifications adopted by the Board of Governors or equivalencies pursuant to section 53430 authorizing the employee to render service in the capacity and during the period in which the employee served.
(b) The regulations in this article are intended to clarify and interpret attendance accounting terminology used in subsection (a), and in sections 58051 and 58055.
NOTE
Authority cited: Sections 66700, 70901 and 84500, Education Code. Reference: Sections 70901, 78401 and 84500, Education Code.
HISTORY
1. Amendment filed 12-28-83; effective upon filing pursuant to Government Code section 11346.2(d) (Register 83, No. 53).
2. Amendment filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
3. Amendment of section and Note filed 12-30-2005; operative 1-29-2006. Submitted to OAL for printing only (Register 2006, No. 1).
4. Change without regulatory effect amending subsection (a)(5) filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
5. Amendment of subsections (a) and (a)(7) filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
§58051. Method for Computing Full-Time Equivalent Student (FTES).
Note • History
(a)(1) Except as otherwise provided, in computing the full-time equivalent student of a community college district, there shall be included only the attendance of students while they are engaged in educational activities required of students and while they are under the immediate supervision and control of an academic employee of the district authorized to render service in the capacity and during the period in which he or she served.
(2)(A) A community college district may also include the attendance of students enrolled in approved courses or programs of independent study who are under the supervision, control, and evaluation, but not necessarily in the immediate presence, of an academic employee of the district who is authorized to render such service.
(B) The community college district shall determine the nature, manner, and place of conducting any independent study courses or program in accordance with the requirements of this section and article 3 (commencing with section 55230) of subchapter 3 of chapter 6.
(C) Each district conducting independent study courses shall ensure that the components of each independent study course or program for each student shall be set out in a written record or program, including the number of units (if applicable) and hours of study required, the arrangements for consultation with the instructor, and the work product to be evaluated.
(3) A community college district may also include the attendance of students enrolled in approved distance education in accordance with the provisions of article 1 (commencing with section 55200) of subchapter 3 of chapter 6.
(b) For the purpose of work-experience education programs meeting the standards of the Carl D. Perkins Career Technical Education Act of 2006 California State Plan (or any successor agreement related to career technical education), “immediate supervision” of off-campus work training stations means student participation in on-the-job training as outlined under a training agreement, coordinated by the community college district under a state-approved plan, wherein the employer and academic school personnel share the responsibility for on-the-job supervision. The student/instructor ratio in the work-experience education program shall not exceed 125 students per full-time equivalent academic coordinator.
(c) For purposes of computing the full-time equivalent student of a community college district, attendance shall also include student attendance and participation in in-service training courses in the areas of police, fire, corrections, and other criminal justice system occupations that conform to all apportionment attendance and course of study requirements otherwise imposed by law, if the courses are fully open to the enrollment and participation of the public. However, prerequisites for the courses shall not be established or construed so as to prevent academically qualified persons who are not employed by agencies in the criminal justice system from enrolling in and attending the courses.
(d) Notwithstanding subdivision (c) and any regulations related thereto, a community college may give preference in enrollment to persons who are employed by, or serving in a voluntary capacity with, a fire protection or fire prevention agency in any course of in-service fire training at the community college in cooperation with any fire protection or fire prevention agency or association. Preference shall only be given when such persons could not otherwise complete the course within a reasonable time and when no other training program is reasonably available. At least 15 percent of the enrollment in in-service fire training courses shall consist of persons who are neither volunteers of, nor employed by, a fire protection or fire prevention agency or association, if the persons are available to attend a course. Full-time equivalent student for the courses may be reported for state aid.
(e) Subdivision (d) shall apply only to the following:
(1) Community colleges which, in cooperation with any fire protection or fire prevention agency or association, have been, as of January 1, 1980, the primary source of in-service fire training for any fire protection or fire prevention agency or association.
(2) Community colleges which, in cooperation with any fire protection or fire prevention agency or association, establish in-service fire training for any fire protection or fire prevention agency or association which did not have in-service fire training, prior to January 1, 1980.
(f) In the event that in-service training courses are restricted to employees of police, fire, corrections, and other criminal justice agencies, attendance for the restricted courses shall not be reported for purposes of state apportionments. A community college district which restricts enrollment in in-service training courses may contract with any public agency to provide compensation for the cost of conducting such courses.
(g) Positive records of student admissions and full-time equivalent student in all in-service training courses in the areas of police, fire, corrections, and other criminal justice system occupations, as described in subdivision (c), shall be maintained by each district.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment of subsections (a)(2) and (d) and new subsection (a)(3) filed 4-29-94; operative 5-29-94. Submitted to OAL for printing only (Register 94, No. 18).
3. Amendment of section heading and text filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
4. Editorial correction of History 1 (Register 95, No. 23).
5. Amendment of subsections (a)(2)-(a)(3) filed 5-20-2002; operative 6-19-2002. Submitted to OAL for printing only (Register 2002, No. 26).
6. Amendment filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§58051.5. Reports for Apportionment; Prohibited Classes.
Note • History
(a) No community college district may claim for purposes of state apportionment any classes:
(1) if the district receives full compensation for direct education costs for the class from any public or private agency, individual or group of individuals; or
(2) if the public or private agency, individual or group of individuals, with whom the district has a contract and/or instructional agreement, has received from other sources full compensation for the direct education costs for the conduct of the class; or
(3) if such classes are not located in facilities clearly identified in such a manner, and established by appropriate procedures, to ensure that attendance in such classes is open to the general public, except that students may be required to meet prerequisites which have been established pursuant to sections 55002 and 55003.
(b) For classes that are not fully funded under contracts identified in paragraph (a)(2) and are claimed for apportionment purposes, the community college district shall require the contracting entity to certify that the direct education costs of the activity are not being fully funded through other sources.
NOTE
Authority cited: Sections 70901 and 84752, Education Code. Reference: Sections 70901 and 84752, Education Code.
HISTORY
. 1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment filed 4-3-92; operative 5-4-92 (Register 92, No. 15).
3. Amendment of opening paragraph and subsection (b) filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
4. Amendment of subsections (a)-(b) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
5. Editorial correction of History 1 (Register 95, No. 23).
6. Amendment of section and Note filed 11-6-97; operative 12-6-97. Submitted to OAL for printing only (Register 97, No. 46).
7. Editorial correction of subsection (a)(2) (Register 98, No. 36).
8. Amendment of subsection (a)(3) filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
§58051.6. Full-Time Equivalent Student; Adult Education for Inmates of City, County, or City and County Jail, Road Camp, Farm or Federal Correctional Facility.
Note • History
(a) Notwithstanding sections 58050 and 58051.5(a)(3), the governing board of a community college district that provides classes for inmates of any city, county, or city and county jail, road camp, or farm for adults, or a federal correctional facility may include the units of full-time equivalent student generated in those classes and computed pursuant to section 58003.1, for purposes of state apportionments. However, apportionments for these units, whether generated in credit or noncredit courses, shall be limited to the lesser of either the district's prior year's level of funding or the noncredit apportionment rate as determined by the Chancellor, multiplied by the full-time equivalent student generated in such classes.
(b) Any courses conducted under this section shall conform to the criteria and standards adopted by the Board of Governors under section 70901 of the Education Code, and shall be submitted to the Board of Governors for approval.
NOTE
Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Sections 84810.5 and 84750, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of printing error in subsection (a) (Register 91, No. 43).
3. Amendment of section heading, text and Note filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
4. Editorial correction of History 1 (Register 95, No. 23).
5. Amendment filed 11-6-97; operative 12-6-97. Submitted to OAL for printing only (Register 97, No. 46).
6. Amendment of section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
The Board of Governors finds that the language quoted in Section 58051(a)(1) is the basic attendance accounting requirement for community colleges, and that the language is intended to promote the following purposes:
(a) To ensure the effectiveness of instruction;
(b) To ensure that state aid is apportioned according to the same standards to all districts;
(c) To ensure the safety of students; and
(d) To ensure that the state, districts, and students receive a reasonable return for monies expended.
NOTE
Authority cited: Sections 66700, 70901 and 84500, Education Code. Reference: Sections 70901 and 84500, Education Code.
HISTORY
1. Amendment filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
§58054. Educational Activities Required of Students. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020, 76300 and 78405, Education Code. Reference: Sections 76300, 74805 and 84500, Education Code.
HISTORY
1. Repealer filed 12-17-84; effective thirtieth day thereafter (Register 84, No. 51).
§58055. Immediate Supervision.
Note • History
(a) For the purposes of health sciences education programs in community colleges, “immediate supervision” means student participation in such programs wherein the person to whom the student is required to report for training, counseling, or other prescribed activity shares the responsibility for the supervision of the students in clinical activities with academic personnel of the district. In all such cases the person to whom the pupil is required to report and who is not an academic district employee shall possess a valid certificate or license to practice a healing art in California.
(b) For the purposes of educational programs sponsored by the California Firefighter Joint Apprenticeship Program, the term “immediate supervision” as used in section 58051 means, in the context of classes conducted at the workplace, student participation in classes instructed by a person who is qualified, by means of education or experience, as a journeyman, and shares the responsibility for supervision of the students participating in the classes with academic personnel of the district.
(c) For the purposes of early childhood education programs in community colleges, “immediate supervision” means student participation in such programs wherein the person to whom the student is required to report for training, counseling, or other prescribed activity shares the responsibility for the supervision of the students in student teaching activities with academic personnel of the district. In all such cases the person to whom the student is required to report and who is not an academic district employee shall possess at a minimum a Master Teacher Child Development Permit issued by the California Commission on Teacher Credentialing, or the equivalent.
NOTE
Authority cited: Sections 67000 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
3. New subsection (c) filed 9-29-2009; operative 10-29-2009. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2009, No. 43).
§58056. Immediate Supervision and Control.
Note • History
(a) Subdivision (a)(1) of section 58051 requires, as a condition for claiming attendance for apportionment purposes, the immediate supervision and control of an academic employee authorized to render service in a capacity and during the period in which he or she served. Immediate supervision and control requires the presence of the authorized employee. More specifically, immediate supervision or presence is characterized by all of the following:
(1) The authorized employee is able, in terms of physical proximity and range of communication, to provide immediate instructional supervision and control; and
(2) The authorized employee is in a position to provide the supervision and control necessary for the protection of the health and safety of students; and
(3) The authorized employee is not to have any other assigned duty during the instructional activity for which attendance is being claimed. The criteria specified above are to be applied in recognition of the fact that the need for immediate supervision will vary according to the course being offered, as well as with the design or mode of instruction of such course or program.
(b) Under the following limited circumstances, attendance of students enrolled in a course or program which does not meet the requirements of subdivision (a) shall qualify for apportionment purposes if:
(1) The course or program is approved and being conducted as distance education in accordance with article 1 (commencing with section 55200) of subchapter 3 of chapter 6; or
(2) The course or program is approved and being conducted as independent study in accordance with subchapter 4 (commencing with section 55300) of chapter 6; or
(3) The course or program is approved and being conducted as work experience education in accordance with article 4 (commencing with section 55250) of subchapter 3 of chapter 6 of this part; or
(4) The course or program is approved and is being conducted as health sciences education in accordance with section 58055(a).
(c) Attendance generated solely under an instructional assistant or aide does not qualify for apportionment. In addition, instructional aides shall not be used to increase the number of students in relation to the number of classroom instructors in the district. However, attendance may qualify for apportionment under the following limited circumstances:
(1) The assistant or aide functions under the exclusive direction of the authorized employee assigned to that educational activity, and not independently; and
(2) The assistant or aide performs only those duties specifically authorized by law, including, but not limited to, sections 88240-88249 of the Education Code; and,
(3) The authorized employee is able, in terms of physical proximity and range of communication, to provide necessary supervision and control of students, so that by working in conjunction with the assistant or aide, the requirements of subsection (a) of this section are met.
NOTE
Authority cited: Sections 66700, 70901 and 84500, Education Code. Reference: Sections 70901 and 84500, Education Code.
HISTORY
1. Amendment filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
2. Amendment of subsections (b)(1) and (b)(3) filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
§58058. Employee of the District.
Note • History
(a) A person is an “employee of the district” within the meaning of subdivision (a)(1) of Section 58051 if:
(1) The district has the primary right to control and direct the person's activities during the time such person is serving the district; and
(2) A contract exists between the person and the district, indicia of which may include provisions which specify the terms and conditions of work, salary and other compensation, work to be performed, and employment classification; and,
(3) The district compensates the person according to an adopted salary or wage schedule which complies with the provisions of Article 8 (commencing with Section 87801), Chapter 3, Part 51 of the Education Code.
(b) For the purposes of complying with the requirements of this section, a district may also contract for instruction to be provided by a public or private agency. Such contracts shall specify that the district has the primary right to control and direct the activities of the person or persons furnished by the public or private agency during the term of the contract. In addition, the district shall enter into a written contract with each person furnished by the public or private agency; and said contracts shall meet the requirements of subsection (a)(1) and (2) of this section. In this manner an individual employed will continue to be an employee of a public or private agency, while at the same time qualifying as an employee of the district.
NOTE
Authority cited: Sections 66700, 70901 and 84500, Education Code. Reference: Sections 70901, 84500 and 87801, Education Code.
HISTORY
1. Amendment of subsections (a) and (a)(3) and Note filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
§58060. Valid Employment Qualifications.
Note • History
For the purposes of Sections 58051 and 58056, the employee is deemed authorized to perform the services because he or she is employed pursuant to a valid, unrevoked credential issued by the Board of Governors or pursuant to minimum qualifications adopted by the Board of Governors or equivalencies pursuant to Section 53430.
(a) If the person serves pursuant to a credential,
(1) It must authorize the holder to provide instruction in the particular subject matter or matters; and
(2) It must authorize the holder to provide that instruction during the period in which the holder is providing it.
(b) If the person serves pursuant to minimum qualifications adopted by the Board of Governors or equivalencies, the qualifications or equivalencies must be related to the assignment and effective during the period of instruction for which attendance is being claimed.
(c) For purposes of this section, an employee is deemed authorized to perform the services if he or she is employed as a faculty intern.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 84500 and 87487, Education Code.
HISTORY
1. Amendment filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
2. Editorial correction of subsection (b) (Register 95, No. 47).
Subchapter 2. Limitations on State Aid
Article 1. Open Courses
§58100. Open Enrollment. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020, 71062 and 84500.1, Education Code. Reference: Section 84500 and 84500.1, Education Code.
HISTORY
1. Repealer filed 4-3-92; operative 5-4-92 (Register 92, No. 15).
Note • History
The description of each course shall be clear and understandable to the prospective student and shall be published in the official catalog, and/or schedule of classes, and/or addenda.
A course description may indicate that the course is designed to meet certain specialized needs. If so indicated, the availability of the course to all qualified students must also be affirmed.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 84500, Education Code.
HISTORY
1. Amendment of Note filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
§58104. Dissemination of Information.
Note • History
All courses to be conducted shall be described in the official general catalog and/or addenda and listed in the schedules of classes.
Courses which are established or conducted after publication of the general catalog or regular schedule of classes shall be reasonably well publicized.
Announcements of course offerings shall not be limited to a specialized clientele, nor shall any group or individual receive notice prior to the general public for the purposes of preferential enrollment, limiting accessibility, or exclusion of qualified students.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 84500, Education Code.
HISTORY
1. Amendment of Note filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
§58106. Limitations on Enrollment.
Note • History
In order to be claimed for purposes of state apportionment, all courses shall be open to enrollment by any student who has been admitted to the college, provided that enrollment in specific courses or programs may be limited as follows:
(a) Enrollment may be limited to students meeting prerequisites and corequisites established pursuant to section 55003,
(b) Enrollment may be limited due to health and safety considerations, facility limitations, faculty workload, the availability of qualified instructors, funding limitations, the constraints of regional planning or legal requirements imposed by statutes, regulations, or contracts. The governing board shall adopt policies identifying any such limitations and requiring fair and equitable procedures for determining who may enroll in affected courses or programs. Such procedures shall be consistent with one or more of the following approaches:
(1) limiting enrollment to a “first-come, first-served” basis or using other nonevaluative selection techniques to determine who may enroll; or
(2) limiting enrollment using a registration procedure authorized by section 58108; or
(3) in the case of intercollegiate competition, honors courses, or public performance courses, allocating available seats to those students judged most qualified; or
(4) limiting enrollment in one or more sections of a course to a cohort of students enrolled in one or more other courses, provided however, that a reasonable percentage of all sections of the course do not have such restrictions; or
(5) limiting enrollment using any selection procedure expressly authorized by statute; or
(6) with respect to students on probation or subject to dismissal, the governing board may, consistent with the provisions of sections 55031 and 55032, limit enrollment to a total number of units or to selected courses, or require students to follow a prescribed educational plan.
(c) A student may challenge an enrollment limitation established pursuant to subdivision (b) on any of the following grounds:
(1) the enrollment limitation is either unlawfully discriminatory or is being applied in an unlawfully discriminatory manner;
(2) the district is not following its policy on enrollment limitations;
(3) the basis upon which the district has established an enrollment limitation does not in fact exist; or
(4) any other criteria established by the district.
(d) The student shall bear the burden of showing that grounds exists for the challenge. Challenges shall be handled in a timely manner, and if the challenge is upheld, the district shall waive the enrollment limitation with respect to that student.
(e) In the case of a challenge under subdivision (c)(1), the district shall, upon completion of the challenge procedure, advise the student that he or she may file a formal complaint of unlawful discrimination pursuant to subchapter 5 (commencing with section 59300) of chapter 10. Completion of the challenge procedure shall be deemed to be an effort at informal resolution of the complaint under section 59327.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. Repealer and new section filed 10-5-93; operative 11-4-93. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 93, No. 42). For prior history, see Register 92, No. 15.
2. Amendment of subsections (a), (b)(2)-(3), (b)(5), (c) and (e) filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
3. Amendment of subsection (a), new subsection (a)(5), subsection renumbering and amendment of newly designated subsection (a)(6) filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
§58107. Facilities and Opportunities for Participation.
Note • History
Notwithstanding any other provision of law, no public funds shall be used in connection with athletic programs conducted under the auspices of a community college district governing board or any student organization within the district, which do not provide facilities and opportunities for participation by both sexes on an equitable basis. Facilities and opportunities for participation include, but are not limited to, equipment and supplies, scheduling of games and practice time, compensation for coaches, travel arrangements, per diem, locker rooms, and medical services.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
§58108. Registration and Enrollment Procedures.
Note • History
Procedures for registration and standards for enrollment in any course shall be only those which are consistent with these and other sections of Title 5 and uniformly administered by appropriately authorized employees of the district.
Except as otherwise provided by state law, no student shall be required to confer or consult with or be required to receive permission to enroll in any class from any person other than those employed by the college in the district.
Students will not be required to participate in any preregistration activity not uniformly required; nor shall the college or district allow anyone to place or enforce nonacademic requisites as barriers to enrollment in or the successful completion of a class.
No registration procedures shall be used that result in restricting enrollment to a specialized clientele.
The following registration procedures are permissible: special registration assistance to the handicapped or disadvantaged student as defined by statute, for the purpose of providing equalization of educational opportunity; and enrollment of students in accordance with a priority system established pursuant to legal authority by the local board of trustees.
With respect to accessibility to off-campus sites and facilities, no student is to be required to make any special effort not required of all students to register in any class or course section. Once enrolled in the class, all students must have equal access to the site.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 84500, Education Code.
HISTORY
1. Amendment of Note filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
§58110. Enrollment Limitations. [Repealed]
Note • History
NOTE
Authority cited: Sections 71020, 71062 and 84500.1, Education Code. Reference: Sections 84500 and 84500.1, Education Code.
HISTORY
1. Repealer filed 4-3-92; operative 5-4-92 (Register 92, No. 15).
Article 2. 175-Day Rule
§58120. Conditions for Inclusion as a Day.
Note • History
(a) For a day to count towards meeting the requirements of section 58142, courses of instruction must be offered for a minimum of three hours during the period of 7 a.m. and 11 p.m.
(b) Notwithstanding subsection (a) of this section, days of final examination may be counted toward meeting the requirements of section 58142, provided that:
(1) such examinations are administered under the immediate supervision and control of an appropriate academic employee of the district; and
(2) not more than fourteen days of final examinations shall be counted for any academic year, as defined by the district.
NOTE
Authority cited: Sections 70901 and 78401, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. Amendment of section and Note filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
2. Amendment of subsection (a) and Note filed 5-23-97; operative 6-22-97. Submitted to OAL for printing only (Register 97, No. 28).
Article 3. (Reserved)
Article 4. (Reserved)
Article 5. Other Limitations
§58130. Noncredit Classes in Dancing or Recreational Physical Education; State Aid or Apportionment for Attendance.
Note • History
No state aid or apportionment may be claimed on account of the attendance of students in noncredit classes in dancing or recreational physical education.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
§58130.5. Estimate of School Money to Be Apportioned.
Note • History
The Chancellor shall, not later than the 25th day of July in each year, prepare an estimate of the amount of state school money that will be apportioned to each community college district during the current school year, and furnish a certified copy of the estimate to each community college district.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
3. Editorial correction of History 1 (Register 95, No. 23).
§58131. Second Principal Apportionment.
Note • History
The Chancellor shall on or before June 25th of each year apportion to each community college district the total amounts allowed to them under section 84850. This apportionment shall be called the second principal apportionment.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of printing error (Register 91, No. 43).
3. Editorial correction of History 1 (Register 95, No. 23).
4. Editorial correction of History 2 (Register 95, No. 47).
§58132. Final Apportionment. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Repealer filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Editorial correction of History 1 (Register 95, No. 23).
§58134. Adjustive Apportionment.
Note • History
If during any fiscal year there is apportioned to a community college district or to any fund from Section B of the State School Fund at least one hundred dollars ($100) more or at least one hundred dollars ($100) less than the amount to which the district or fund was entitled, the Chancellor, not later than the immediate succeeding fiscal year, shall withhold from, or add to the apportionment made during such fiscal year, the amount of such excess or deficiency, as the case may be. Notwithstanding any other provision of this Division to the contrary, excesses withheld or deficiencies added by the Chancellor under this Section shall be added to or allowed from any portion of Section B of the State School Fund.
NOTE
Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of printing error (Register 91, No. 43).
3. Editorial correction of History 1 (Register 95, No. 23).
4. Amendment of section and Note filed 11-6-97; operative 12-6-97. Submitted to OAL for printing only (Register 97, No. 46).
§58136. Authority to Make Adjustive Apportionments or Adjustive Deductions Where Required by a Judgment.
Note • History
When any judgment has been rendered which requires the apportionment from section B of the State School Fund to any district, to any other agency, or to any fund for any fiscal year of more than the amount actually apportioned thereto during such fiscal year, the difference shall be apportioned to the district, agency, or fund by the Chancellor from Section B of the State School Fund during the fiscal year following that in which the judgment becomes final before any other apportionment from section B of the State School Fund is made. Upon the becoming final of any judgment which requires the apportionment from section B of the State School Fund to any community college district, to any other agency, or to any fund for any fiscal year of difference shall be deducted from the apportionment made to such district, agency, or fund by the Chancellor from section B of the State School Fund during the fiscal year following that in which the judgment becomes final.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
§58138. Authority to Make Adjustive Apportionments on Inclusion of Additional Full-Time Equivalent Student.
Note • History
Wherever the attendance of students is not included in the computation of the full-time equivalent student of a community college district for any fiscal year because the person employed by the district to instruct such students did not have the qualifications required for the position during the period of such attendance, the governing board of the district may, upon payment of the salary of such person pursuant to Section 87810 of the Education Code, or similar provisions of law, report such attendance to the Chancellor during the fiscal year in which such salary is paid. Such report shall be made in such form as shall be prescribed and furnished by the Chancellor. Thereafter the Chancellor shall add to the apportionment from the State School Fund to the district during the next succeeding fiscal year or years as determined by him or her but not exceeding three, the additional amount to which the district would have been entitled in the fiscal year next succeeding that in which such attendance was not included in the computation of the full-time equivalent student of the district if such amount is at least one hundred dollars ($100) or more.
Any such additional amount shall be apportioned from the State School Fund before any other apportionment from such fund is made and shall be allowed from any portion of such fund except that portion reserved as allowances for basic state aid.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment of section heading and text filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Editorial correction of History 1 (Register 95, No. 23).
§58139. Criteria for Allocation of Funds.
Note • History
(a) The Board of Governors, pursuant to direction included in the annual state budget act, has adopted criteria for the allocation of funds to assure that priorities identified in the budget act are implemented.
(b) A cap of two percent (2%) shall be established on district credit full-time equivalent student (FTES) activity that is not related to student needs within the three priority categories (transfer, basic skills, and vocational/workforce training).
(c) Districts shall limit their credit FTES in nonpriority areas to two percent (2%) of total credit FTES.
(d) If the Chancellor determines that a district has generated more than two percent (2%) of its credit FTES in areas outside the priority areas identified in subdivision (b), he or she shall notify the district that it will be subject to a reduction in its general apportionment (including growth for apportionment) to the extent that its full-time equivalent students exceeds the two percent (2%) cap.
(e) The reduction of a district's apportionment pursuant to subdivision (d) of this section, shall be held in abeyance if, within thirty (30) days of receiving notice of the proposed reduction, the district elects to submit to the Chancellor an explanation of how it is complying with the priorities established by this section.
(f) If the explanation is unsatisfactory, the Chancellor shall request the district to prepare a compliance plan within ninety (90) days of the request for the plan. If no plan is submitted, the plan is unsatisfactory or the district fails to adhere to the plan, the Chancellor shall proceed to make the reduction in apportionment to subdivision (d).
(g) For purposes of this section, degree applicable and ESL courses will be presumed to be related to student needs in the priority categories unless the Chancellor receives evidence to the contrary.
(h) This regulation shall be effective beginning with the 2004-05 academic year.
(i) This regulation shall not be effective in any year in which compliance with the priorities set forth in subdivision (b) is not required by the annual state budget act or some other statute.
NOTE
Authority cited: Section 70901, Education Code. Reference: 2003-2004 Budget Act (Stats. 2003, ch. 157 (AB 1765), Item 6870-101-0001, provision 5(a)).
HISTORY
1. New section filed 9-8-2004; operative 10-8-2004. Submitted to OAL for printing only (Register 2004, No. 38).
§58140. Limitation on District Use of Apportionment.
Note • History
The governing board of each community college district shall, except as may otherwise be specifically provided by law, use all money apportioned to the district from the State School Fund during any fiscal year exclusively for the support of the school or schools of the district for that year.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
§58142. Required Time for Maintaining Colleges During Preceding Fiscal Year; Withholding of Apportionment upon Failure to Comply.
Note • History
(a) No community college district, other than one newly formed, shall, except as otherwise provided in this article, receive its full apportionment from the State School Fund unless it has maintained the colleges of the district for at least 175 days during the next preceding fiscal year.
(b) For the purposes of this article, the Board of Governors shall establish standards to determine whether the districts maintained the colleges of the district for at least 175 days during the next preceding fiscal year.
(c) If a community college district fails to maintain its colleges for the required 175 days, the Board of Governors shall withhold from that district's apportionment the product of 0.01143 times the district's apportionment for each additional day the district would have had to maintain its colleges in order to meet the requirement prescribed by this section. This subdivision shall apply retroactively to fiscal year 1975-76 and each fiscal year thereafter.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
§58144. Newly Formed District. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Repealer filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
3. Editorial correction of History 1 (Register 95, No. 23).
§58146. District Unable to Maintain School for Prescribed Time; Full-Time Equivalent Student Materially Decreased.
Note • History
(a) A district which is prevented from maintaining its schools during a fiscal year for at least 175 days because of fire, flood, or epidemic, or because of any order of any military officer of the United States or of the state to meet an emergency created by war, or of any civil officer of the United States, of the state, or of any county, city and county, or city authorized to issue such order to meet an emergency created by war, or because of other extraordinary conditions, or because of the inability to secure or to hold an instructor, or because of the illness of the instructor, where the lack of an instructor would close a college, which fact shall be shown to the satisfaction of the Board of Governors by the affidavits of the members of the governing board of the district, shall receive the same apportionment from the State School Fund as it would have received had it not been so prevented from maintaining school for at least 175 days.
(b) Where a community college in a district maintaining more than one community college is closed for a part of a term by order of a city or county board of health or of the State Board of Health, or because of fire, flood, impassable roads, epidemic, or other emergency, or by an order provided for in (a), the full-time equivalent student of the community college shall be estimated separately, as provided in (c), and added to the full-time equivalent student of the other community colleges of the district.
(c) Whenever the full-time equivalent student of any district during any fiscal year has been materially decreased during any fiscal year because of:
(1) fire,
(2) flood,
(3) impassable roads,
(4) an epidemic,
(5) the imminence of a major safety hazard as determined by the local law enforcement agency,
(6) a strike involving transportation services to students provided by a nondistrict entity,
(7) the unavailability of classroom facilities leased by the district where the unavailability commences July 1, 2005, or thereafter and is caused by extraordinary factors wholly external to and beyond the control of the district, or
(8) an order provided for in (a). The facts demonstrating the applicability of one of the circumstances described in this subdivision shall be established to the satisfaction of the Chancellor by affidavits of the members of the governing board of the district. The funding workload measures of the district for the fiscal year shall be estimated by the Board of Governors in such manner as to credit to the district from the State School Fund approximately the total which would have been credited to the district had the emergency not occurred or had the order not been issued. The provisions of this section shall apply to any funding workload measure which occurs during any part of a fiscal year.
(d) As a condition to receiving the credit under subdivision (c), the district must demonstrate to the satisfaction of the Chancellor that it made good faith efforts to seek alternate facilities that were unaffected by the circumstances described in subdivision (c).
(e) No credit under subdivision (c) will be allowed for the unavailability of facilities for more than one full term beyond the beginning of the circumstances described in subdivision (c) unless authorized by the Board of Governors.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of printing error in subsection (c) (Register 91, No. 43).
3. Amendment of subsections (a), (c), and (c)(7) filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
4. Amendment of section heading and text filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
5. Editorial correction of History 1 (Register 95, No. 23).
6. Amendment filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§58148. Lost or Destroyed Records. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Repealer filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
3. Editorial correction of History 1 (Register 95, No. 23).
§58160. Noncredit Course Funding.
Note • History
(a) In order to be eligible to be claimed for state apportionment, a noncredit course must be approved pursuant to sections 55002 and 55150 and fall into one of the following statutory categories:
(1) elementary and secondary basic skills courses and other courses such as remedial academic courses in reading, mathematics, and language arts;
(2) courses in English as a second language, including vocational English as a second Language;
(3) short-term vocational courses and programs with high employment potential;
(4) workforce preparation courses in the basic skills of speaking, listening, reading, writing, mathematics, decisionmaking, problem solving skills, and other courses required for preparation to participate in job-specific technical training;
(5) courses in citizenship for immigrants;
(6) parenting, including parent cooperative preschools, courses in child growth and development and parent-child relationships;
(7) courses and programs for persons with substantial disabilities;
(8) courses and programs for older adults;
(9) courses and programs in home economics; and
(10) courses in health and safety education.
(b) The provisions of sections 58050, 58051, 58051.5, 58130 and related provisions of this chapter also apply in determining whether a noncredit course is eligible for funding.
(c) In order to be eligible for enhanced funding pursuant to Education Code sections 84750.5 and 84760.5, a career development or college preparation noncredit course must be part of a program or sequence of courses approved by the Chancellor pursuant to section 55151.
(d) Courses of the type described in section 55151 may not be claimed for enhanced funding if they are not part of a program or sequence of courses which is approved by the Chancellor pursuant to that section, but such courses may continue to be offered and be claimed for basic noncredit funding, provided that each individual course has been approved by the Chancellor pursuant to section 55150 and falls into one of the categories described in subdivision (a).
NOTE
Authority cited: Sections 66700, 70901, 78401 and 84760.5, Education Code. Reference: Sections 70901, 84500, 84750.5, 84757 and 84760.5, Education Code.
HISTORY
1. Amendment of subsection (a) filed 3-7-85; effective thirtieth day thereafter (Register 85, No. 10).
2. Amendment of subsection (b) and Note filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
3. Amendment of section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
4. Amendment of subsection (a), new subsections (c) and (d) and amendment of Note filed 1-17-2007; operative 1-17-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 8).
5. Amendment of subsection (c) filed 4-27-2007; operative 5-27-2007. Submitted to OAL for printing only (Register 2007, No. 25).
6. Amendment filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
§58161. Apportionment for Course Enrollment.
Note • History
A community college district may claim the attendance of students who enroll in credit courses for state apportionment only if so authorized by this section and if all other requirements of this chapter are satisfied. For purposes of this section an enrollment occurs when a student receives an evaluative or nonevaluative symbol pursuant to section 55023.
(a) A district may claim state apportionment for attendance of students for enrollments totaling a maximum of three semesters or five quarters, including summer sessions and intersessions, per credit course and if all other requirements of this chapter are satisfied. For purposes of this section, enrollments include any combination of withdrawals and repetitions.
(b) Notwithstanding subdivision (a) of this section, a district may claim state apportionment for one additional enrollment if all other requirements of this chapter are met and only in the following circumstances:
(1) The attendance of a student repeating a credit course because the district determines pursuant to section 55043 that there has been a significant lapse of time since the student previously took the course.
(2) The attendance of a student repeating a credit course pursuant to section 55045 due to extenuating circumstances, if such credit course is not designated as repeatable pursuant to section 55041(c).
(c) Notwithstanding subdivisions (a), (b) and (d) of this section, a district may claim state apportionment for students' enrollments in credit courses without limitation if all other requirements of this chapter are met and in the following circumstances:
(1) The attendance of a student in legally mandated training as provided in section 55041(b).
(2) The attendance of a student with a disability may be claimed for state apportionment each time the student repeats a credit special class as a disability-related accommodation which is justified by one of the circumstances described in section 56029.
(3) The attendance of a student repeating a portion of a variable unit open entry/open exit credit course may be counted for state apportionment only to the extent that repetition of such courses is permitted pursuant to section 55044.
(4) The attendance of a student repeating a cooperative work experience course pursuant to section 55253 may be claimed for state apportionment without limitation.
(5) The attendance of a student withdrawing as a result of extraordinary conditions pursuant to section 55024(a)(10).
(6) The attendance of a student receiving a military withdrawal (“MW”) pursuant to section 55024(d)(1).
(d) Notwithstanding subdivisions (a), (b) and (c) of this section, a district may claim state apportionment for students' enrollments in credit courses designated as repeatable as provided in section 55041(c) for a maximum of four semesters or six quarters. This limitation applies even if a student receives a substandard grade during one or more of the enrollments in such a course or petitions for repetition due to special circumstances as provided in section 55045.
(e) To the extent permitted by article 4 of subchapter 1 of chapter 6, a district may permit enrollment in credit courses beyond the limits set forth in this section, but such additional enrollments may not be claimed for state apportionment.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 8-25-83; effective thirtieth day thereafter (Register 83, No. 35).
2. Amendment of subsections (b)(2), (c)(1)-(2) and Note filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
3. New subsection (c), subsection relettering, amendment of newly designated subsections (d), (d)(2) and (d)(4) and amendment of Note filed 3-25-98; operative 4-24-98. Submitted to OAL for printing only (Register 98, No. 14).
4. Amendment of subsections (b)(1), (b)(3) and (d)(4) filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
5. Repealer and new section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
6. Amendment filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
7. Amendment of section heading and section filed 9-12-2011; operative 10-12-2011. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2011, No. 37).
§58161.5. Apportionment for Re-Enrollment After Withdrawal. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
2. Amendment filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
3. Repealer filed 9-12-2011; operative 10-12-2011. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2011, No. 37).
§58161.7. Recommendations Regarding Repetition of Noncredit Courses and Related Issues.
Note • History
The Chancellor shall report to the Board of Governors by May 31, 2009, on appropriate limitations on state apportionment for repetition of noncredit courses including multiple enrollments in the same course during the same term. The Chancellor's recommendations shall be developed in consultation with the Academic Senate for California Community Colleges, the Chief Instructional Officers and other appropriate groups and shall be based on research concerning the educational efficacy and public benefit of repetition of each of the categories of noncredit courses. The Chancellor shall also consider recommendations related to ensuring appropriate academic standards for noncredit courses and determining when it is in the public interest to provide continued instruction through noncredit courses. It is the intent of the Board of Governors to consider the recommendations of the Chancellor and adopt appropriate limitations on multiple enrollments and repetition of noncredit courses by January 31, 2010.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
§58162. Intercollegiate Athletics.
Note • History
(a) State apportionment may be claimed for the attendance of students enrolled in approved courses of intercollegiate athletics otherwise eligible for state assistance.
(b) State apportionment for students in courses of intercollegiate athletics shall not be claimed for more than 175 hours of attendance for each enrolled student in each fiscal year for each sport in which the student participates.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. Amendment of Note filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
§58164. Open Entry/Open Exit Courses.
Note • History
(a) The term “open entry/open exit courses” refers to courses in which students enroll at various times, and complete at various times or at varying paces. Open entry/open exit courses may be conducted as either credit or noncredit courses and may be offered with or without regularly scheduled hours.
(b) For open entry/open exit courses for which credit apportionment is claimed, one unit of credit shall be awarded for approximately 48 hours of recitation, study, or laboratory work. Increments of less than one unit of credit shall be awarded in the same proportion.
(c) Where an open entry/open exit course provides supplemental learning assistance pursuant to section 58172, which supports another course or courses, the course outline of record for the open entry/open exit course must identify the other course or courses that it supports and the specific learning objectives to be addressed and the educational competencies students are to achieve.
(d) Full-time equivalent student computations for enrollment in open entry/open exit courses shall be made pursuant to the provisions of subsection (e) of section 58003.1.
(e) The maximum number of hours a student may be enrolled in an open entry/open exit course shall be determined by the curriculum committee established pursuant to section 55002 based on the maximum time reasonably needed to achieve the educational objectives of the course.
(f) State apportionment shall not be claimed under this section for:
(1) optional attendance at artistic or cultural presentations or events (such as, but not limited to, films, concerts, plays, or art exhibitions).
(2) activities which are primarily student use of district facilities, equipment, or resources without provision of instruction involving specifically defined learning objectives and educational competencies set forth in the course outline of record.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. Amendment of subsection (b) and Note filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
2. Amendment of subsection (b) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Amendment filed 12-30-2005; operative 1-29-2006. Submitted to OAL for printing only (Register 2006, No. 1).
Note • History
(a) State apportionment may be claimed for the attendance of students in courses which include a field trip or excursion pursuant to section 55220.
(b) State apportionment for the attendance of students in courses which include a field trip or excursion shall not be claimed for more than forty-eight hours per unit of credit earned. No more attendance may be claimed for a field trip or excursion than if the class were held on campus.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. Amendment of subsection (a) and Note filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
2. Amendment of subsection (a) filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
Note • History
Tutoring, when provided by the college, shall be considered a method of instruction that involves a student tutor who has been successful in a particular subject or discipline, or who has demonstrated a particular skill, and who has received specific training in tutoring methods and who assists one or more students in need of special supplemental instruction in the subject or skill. Student attendance in tutoring is eligible for apportionment only in a noncredit course offered under the provisions of Education Code section 84757(a)(2).
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 12-17-84; effective thirtieth day thereafter (Register 84, No. 51).
2. Amendment of section and Note filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
3. Amendment filed 12-30-2005; operative 1-29-2006. Submitted to OAL for printing only (Register 2006, No. 1).
§58170. Apportionment for Tutoring.
Note • History
Apportionment may be claimed for individual student tutoring only if all the following conditions are met:
(a) The individual student tutoring is conducted through a designated learning center.
(b) The designated learning center is supervised by a person who meets the minimum qualifications prescribed by section 53415.
(c) All tutors successfully complete instruction in tutoring methods and the use of appropriate written and mediated instructional materials, including supervised practice tutoring. This requirement may be waived by the chief instructional or student services officer on the basis of advanced degrees or equivalent training. Academic credit and apportionment for coursework in tutoring methods for purposes of this section shall be limited to two semester or three quarter units of credit, or 96 noncredit hours. All tutors shall be approved by a faculty member from the discipline or disciplines in which the student will tutor.
(d) All students receiving individual tutoring have enrolled in a noncredit course carrying Taxonomy of Programs number 4930.09, which is entitled “Supervised Tutoring.”
(e) Students enroll in the Supervised Tutoring course, through registration procedures established pursuant to section 58108, after referral by a counselor or an instructor on the basis of an identified learning need.
(f) An attendance accounting method is established which accurately and rigorously monitors positive attendance.
(g) Student tutors may be remunerated but may not be granted academic credit for tutoring beyond that stipulated in (c) above.
(h) The district shall not claim state apportionment for tutoring services for which it is being paid from state categorical funds.
NOTE
Authority cited: Sections 70901 and 84500, Education Code. Reference: Sections 70901, 84500 and 87356, Education Code.
HISTORY
1. New section filed 12-17-84; effective thirtieth day thereafter (Register 84, No. 51).
2. Amendment filed 3-7-85; effective thirtieth day thereafter (Register 85, No. 10).
3. Amendment of subsections (b), (e) and Note filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
4. Amendment of subsections (b), (c), (e) and Note filed 10-5-93; operative 11-4-93. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 93, No. 42).
5. Amendment of subsections (a)-(e) filed 12-30-2005; operative 1-29-2006. Submitted to OAL for printing only (Register 2006, No. 1).
Note • History
Attendance for supplemental learning assistance when offered as part of a course may only be reported for state apportionment when either:
(a) the learning assistance is a required component of another course, for all students in that course; or
(b) the learning assistance is optional and is provided through an open entry/open exit course conducted pursuant to subdivision (c) of section 58164, which is intended to strengthen student skills and reinforce student mastery of concepts taught in another course or courses.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 12-17-84 effective thirtieth day thereafter (Register 84, No. 51).
2. Amendment of Note filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
3. Amendment filed 12-30-2005; operative 1-29-2006. Submitted to OAL for printing only (Register 2006, No. 1).
§58180. Offering Classes Under Flexible Calendar; Approval; Accountability of Employees Under Contract for 175 Days; Activities. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Repealer of section filed 10-25-91; operative 11-24-91 (Register 92, No. 7).
3. Editorial correction of History 1 (Register 95, No. 23).
§58182. Scheduling Configurations. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Repealer of section filed 10-25-91; operative 11-24-91 (Register 92, No. 7).
3. Editorial correction of History 1 (Register 95, No. 23).
§58184. Review of District Plans; Approval. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Repealer of section filed 10-25-91; operative 11-24-91 (Register 92, No. 7).
3. Editorial correction of History 1 (Register 95, No. 23).
§58186. Distribution of Appropriations. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code, Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial corrections to first paragraph and subsection (a) (Register 91, No. 43).
3. Repealer of section filed 10-25-91; operative 11-24-91 (Register 92, No. 7).
4. Editorial correction of History 1 (Register 95, No. 23).
§58188. Average Daily Attendance Units; Adjustments to Reflect Activities; Computation by Multiplier Factor. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment filed 10-25-91; operative 11-24-91 (Register 92, No. 7).
3. Repealer filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
4. Editorial correction of History 1 (Register 95, No. 23).
§58190. Requirement to Prepare and File Annual Statement. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Repealer filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
3. Editorial correction of History 1 (Register 95, No. 23).
§58191. Proposed Budget; Hearing; Notice; Publication. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of printing error (Register 91, No. 43).
3. Amendment of first, third, and fourth paragraphs filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
4. Repealer filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
5. Editorial correction of History 1 (Register 95, No. 23).
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Repealer filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
3. Editorial correction of section heading and History 1 (Register 95, No. 23).
§58194. Contents of Budget Report. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of printing error (Register 91, No. 43).
3. Amendment filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
4. Repealer filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
5. Editorial correction of History 1 (Register 95, No. 23).
§58195. Form of Budget Report. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Repealer filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
3. Editorial correction of History 1 (Register 95, No. 23).
§58196. Tentative Budget; Filing; Contents; Computation of Tax Levy; Adoption; Filing and Approval of Final Budget. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment of subsection (a), repealer of subsections (b)-(e), and adoption of subsections (b)-(d) filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
3. Repealer filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
4. Editorial correction of History 1 (Register 95, No. 23).
§58198. Effect of Neglect or Refusal to Make a Budget. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
3. Repealer filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
4. Editorial correction of History 1 (Register 95, No. 23).
§58199. District Budget Limitation on Expenditure. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
3. Repealer filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
4. Editorial correction of History 1 (Register 95, No. 23).
§58199.5. Appropriations of Excess Funds and Limitations Thereon. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of printing error (Register 91, No. 43).
3. Amendment filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
4. Repealer filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
5. Editorial correction of History 1 (Register 95, No. 23).
Subchapter 3. Interstate Attendance
§58200. Program Designation and Participation.
Note
This program shall be designated as the Interstate Attendance Agreement. Participation shall be limited to institutions within states signatory to the Western Interstate Commission for Higher Education.
NOTE
Authority cited: Section 66804, Education Code. Reference: Chapter 11, (commencing with Section 66800) Part 40, Division 5, Education Code.
§58202. One-for-One Exchange Basis.
Note
One-for-one exchange basis means the sum total of all California resident full-time equivalent students from all of California Community Colleges who are attending out-of-state public agencies within the WICHE compact and shall be equal to the sum total of all full-time equivalent students from the same states attending California Community Colleges.
NOTE
Authority cited: Section 66804, Education Code. Reference: Section 66801, Education Code.
§58204. College Participation.
Note
In order to participate in the program, each college must adopt and direct to the Chancellor a resolution to that effect. The resolution will designate:
(a) Type of program in which the college wishes to participate.
(b) Name of class or program.
(c) Number of student stations available for such participation in each.
(d) Any limitation to participation consistent with terms of the agreement.
(e) Tuition to be charged out-of-state students.
NOTE
Authority cited: Section 66804, Education Code. Reference: Section 66802, Education Code.
§58206. Required Certification.
Note
In addition, the resolution will certify that:
(a) All district and state resident students have been provided adequately for in the programs.
(b) Out-of-state students will be subject to the same controls, rules and regulations governing the institution in respect to enrollment, admission, attendance and performances as are resident students.
(c) In the event a curriculum is removed from a list of “specified curricula,” students already enrolled in that curriculum shall be allowed to complete their studies under the terms and conditions prevailing at the time of original registration, providing enrollment is continuous.
(d) No additional state funds will be required to carry out the provisions of the agreement.
NOTE
Authority cited: Section 66804, Education Code. Reference: Sections 66801, 66802 and 66803, Education Code.
Note
Annual reports will be made to the Chancellor by districts describing and evaluating the operation of their agreements.
NOTE
Authority cited: Section 66804, Education Code. Reference: Sections 66801 and 66804, Education Code.
Subchapter 4. Budgets and Reports
§58300. Requirements to Prepare and File Annual Statement.
Note • History
On or before the 15th day of September of each year the governing board of each community college district shall prepare and keep on file for public inspection a statement of all receipts and expenditures of the district for the preceding fiscal year and a statement of the estimated total expenses for the district for the current fiscal year.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New subchapter 4 (sections 58300-58307) filed 5-15-93; operative 6-4-93 (Register 93, No. 25). For prior history, see Register 92, No. 9.
§58301. Proposed Budget; Hearing; Notice; Publication.
Note • History
The governing board of each district shall hold a public hearing on the proposed budget for the ensuing fiscal year in a district facility, or some other place conveniently accessible to the residents of the district, on or before the 15th day of September but at least three days following availability of the proposed budget for public inspection, at which any resident in the district may appear and object to the proposed budget or any item in the budget.
The hearing may be concluded on the proposed budget when there are no requests for further hearing on file. The budget shall not be finally adopted by the governing board of the district until after the public hearing has been held.
The proposed budget, containing such fiscal information as may be required by the Chancellor, shall be made available by the district for public inspection in a facility of the district or in some other place conveniently accessible to residents of the district, during or before the first week in September.
Notification of dates and location(s) at which the proposed budget may be inspected by the public and date, time, and location of the public hearing on the proposed budget shall be published by the district in a newspaper of general circulation in the district, at least three days prior to the availability of the proposed budget for public inspection. The cost of the publication shall be a legal proper charge against the district for which the publication is made.
NOTE
Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
2. Amendment of section and Note filed 11-6-97; operative 12-6-97. Submitted to OAL for printing only (Register 97, No. 46).
Note • History
As used in this article, “budget” includes the preliminary budget and the adopted budget of a community college district.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
§58303. Contents of Budget Report.
Note • History
The adopted annual financial and budget report of a district shall show, as specified by the Office of the Chancellor, a statement of the proposed expenditures and of the estimated revenues for the ensuing fiscal year, together with a comparison of each item of revenue and expenditure, with the actual revenues and expenditures of the fiscal year just completed. The tentative as well as the published annual financial and budget reports may show estimates where actual figures cannot be determined at the time. The budget shall also include the appropriations limit and the total annual appropriations subject to limitation as determined pursuant to Division 9 (commencing with Section 7900) of Title I of the Government Code.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
§58304. Form of Budget Report.
Note • History
Each annual financial and budget report shall be made in the form prescribed by the Office of the Chancellor. Standard forms shall be prepared to show the budgeting items and comparisons required by this article.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
§58305. Tentative Budget; Filing; Contents; Computation of Tax Levy; Adoption; Filing and Approval of Final Budget.
Note • History
(a) On or before the first day of July in each year, each district shall adopt a tentative budget and forward an information copy to the appropriate county officer. To the extent that the budget is based on information provided by the county, the budget data should be validated by the appropriate county officer.
(1) The budget shall indicate the date, time, and location at which the governing board of the district will hold the public hearing required pursuant to Section 58301.
(2) If the governing board of the district does not want all or a portion of the property tax requirement levied for the purpose of making payments for the interest and principal on outstanding general obligation bonds or other indebtedness approved by the voters prior to July 1, 1978, the budget shall include a statement of the amount or portion for which a levy shall not be made.
(b) Each district shall provide all data needed by the county to compute the actual amounts to be levied on the property tax rolls of the district for purposes which exceed apportionments to the district pursuant to Sections 95 to100, inclusive, of the Revenue and Taxation Code.
(c) On or before the 15th day of September, the governing board of each district shall adopt a final budget.
(d) On or before the 30th day of September, each district shall complete the preparation of its adopted annual financial and budget report. Once completed, this report and its supporting documentation is considered a public record pursuant to Section 6250 et seq. of the Government Code. On or before the 10th day of October, each district shall submit a copy of its adopted annual financial and budget report to the Chancellor. The district shall also file copies of the report with the appropriate county officers for information and review.
NOTE
Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
2. Amendment of subsection (a) and Note filed 11-6-97; operative 12-6-97. Submitted to OAL for printing only (Register 97, No. 46).
3. Amendment of subsection (d) filed 8-22-2001; operative 9-21-2001. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2001, No. 40).
§58306. Effect of Neglect or Refusal to Make a Budget.
Note • History
(a) Except as otherwise provided in subdivision (b), if the governing board of any district neglects or refuses to make a district budget as prescribed by the Office of the Chancellor, or fails to develop a budget by the deadline dates as specified in section 58305, the Chancellor may withhold any apportionment of state or local money to the particular district for the current fiscal year until the district makes a proper budget.
(b) No penalty shall be imposed upon a district pursuant to subdivision (a) if the Chancellor determines that unique circumstances make it impossible for the district to comply with its duties to adopt a budget, or if there are delays in the adoption of the annual Budget Act.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
§58307. District Budget Limitation on Expenditure.
Note • History
The total amount budgeted as the proposed expenditure of the district for each major classification of district expenditures listed in the district budget forms prescribed by the board shall be the maximum amount which may be expended for that classification of expenditures for the school year. Transfers may be made from the reserve for contingencies to any expenditure classification or between expenditure classifications at any time by written resolution of the board of trustees of a district. A resolution providing for the transfer from the reserve for contingencies to any expenditure classification must be approved by a two-thirds vote of the members of the governing board; a resolution providing for the transfer between expenditure classifications must be approved by a majority of the members of the governing board.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
§58308. Appropriation of Excess Funds and Limitations.
Note • History
All income accruing to the district in excess of the amounts required to finance the total proposed expenditures, including transfers to other community college districts and funds, as shown in the budget of the district shall be added to the general reserve of the district, and shall not be available for appropriation by the district for the current fiscal year except by the following procedure. The governing board of the district shall, by formal action of the board, pass a resolution setting forth the need according to major classification of district expenditures to be met from any portion of the general reserve derived from assured income in excess of the total amount anticipated in the budget.
On the first day of July of each year, the general reserve together with unexpected balances of appropriations and income in excess of anticipated income for the preceding fiscal year shall be placed to the credit of the district, and the district shall include all money so credited in the balance as shown in the budget for the ensuing fiscal year.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
§58310. Report on District's Financial Condition.
Note • History
The chief executive officer or other designee of the governing board of each district shall regularly report in detail to the governing board of the district the district's financial condition and shall submit reports showing the financial and budgetary conditions of the district, including outstanding obligations, to the governing board at least once every three months. The chief executive officer or other designee shall also prepare a quarterly report on forms provided by the Chancellor. The district shall submit a copy of the certified report to the appropriate county offices and the Chancellor no later than forty-five days following the completion of each quarter. The certified report shall be reviewed by the district governing board at a regularly scheduled meeting and entered into the minutes of the meeting.
Upon review and analysis of the report, the Chancellor or his/her designee shall determine if follow-up or intervention is needed. Intervention may be necessary if a district's financial data indicate a high probability that, if trends continue unabated, the district will need an emergency apportionment within three years or that the district is not in compliance with the principles of sound fiscal management specified in section 58311. Such follow-up or intervention may include, but shall not be limited to, requiring the submission of additional or more frequent reports, requiring the district to respond to specific concerns, and directing the district to prepare and adopt a detailed plan for achieving fiscal stability and an educational plan demonstrating the impact of the fiscal plan on the district's educational program.
Intervention may also include the assignment of a special trustee having the authority described in section 58312 to any district that requires intervention within the five fiscal years immediately following the ending date of the services of a previously assigned special trustee. The renewed assignment of a special trustee under this paragraph may be made upon a finding by the Chancellor or his/her designee that if trends continue unabated, the district will need an emergency apportionment within three years or that the district is noncompliant with the principles of sound fiscal management specified in section 58311, except that the special trustee may only assume management and control of the district if authorized to do so by the Board of Governors. The costs incurred by the performance of the special trustee shall be paid in the manner described in subdivision (f) of section 58312 from funds which would have otherwise been apportioned to the district.
The Chancellor shall develop and maintain procedures for the administration of the fiscal monitoring program specified in Education Code section 84040 and this section.
NOTE
Authority cited: Sections 66700, 70901 and 84040, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
3. Amendment filed 10-15-93; operative 11-4-93. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 93, No. 42).
4. Editorial correction of History 1 (Register 95, No. 23).
5. Amendment of section and Note filed 9-14-2004; operative 10-14-2004. Submitted to OAL for printing only (Register 2004, No. 39).
§58311. Principles for Sound Fiscal Management.
Note • History
In any organization certain principles, when present and followed, promote an environment for growth, productivity, self-actualization, and progress. The following principles shall serve as the foundation for sound fiscal management in community college districts:
1. Each district shall be responsible for the ongoing fiscal stability of the district through the responsible stewardship of available resources.
2. Each district will adequately safeguard and manage district assets to ensure the ongoing effective operations of the district. Management will maintain adequate cash reserves, implement and maintain effective internal controls, determine sources of revenues prior to making short-term and long-term commitments, and establish a plan for the repair and replacement of equipment and facilities.
3. District personnel practices will be consistent with legal requirements, make the most effective use of available human resources, and ensure that staffing costs do not exceed estimates of available financial resources.
4. Each district will adopt policies to ensure that all auxiliary activities that have a fiscal impact on the district comport with the educational objectives of the institution and comply with sound accounting and budgeting principles, public disclosures, and annual independent audit requirements.
5. Each district's organizational structure will incorporate a clear delineation of fiscal responsibilities and establish staff accountability.
6. Appropriate district administrators will keep the governing board current on the fiscal condition of the district as an integral part of the policy- and decision-making processes.
7. Each district will effectively develop and communicate fiscal policies, objectives, procedures, and constraints to the governing board, staff, and students.
8. Each district will have an adequate management information system that provides timely, accurate, and reliable fiscal information to appropriate staff for planning, decisionmaking, and budgetary control.
9. Each district will adhere to appropriate fiscal policies and procedures and have adequate controls to ensure that established fiscal objectives are met.
10. District management will have a process to evaluate significant changes in the fiscal environment and make necessary, timely, financial and educational adjustments.
11. District financial planning will include both short-term and long-term goals and objectives, and broad-based input, and will be coordinated with district educational planning.
12. Each district's capital outlay budget will be consistent with its five-year plan and reflect regional planning and needs assessments.
To the extent that the foregoing principles repeat or paraphrase mandates already in existence, these underlying mandates shall continue to be legally binding. Otherwise, these principles, by themselves, shall be applied to the extent that existing state and district funding is available.
NOTE
Authority cited: Sections 66700, 70901 and 84040, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 10-5-93; operative 11-4-93. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 93, No. 42).
2. Change without regulatory effect amending Note filed 9-14-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 39).
§58312. Inadequate Plans by District or Failure to Implement Plans; Authorized Actions by the Chancellor.
Note • History
If the Chancellor determines that the district's plans prepared and adopted pursuant to section 58310 are inadequate to solve the financial problems or to implement the principles of sound fiscal management, or if the district substantially fails to implement the plans, the Chancellor shall have the authority to take any of the following actions. The Chancellor should first utilize measures which minimize interference with normal district operation, unless he or she determines that acting otherwise is necessary to prevent the worsening of fiscal conditions at the district.
(a) Conduct a comprehensive management review of the district and its educational programs and an audit of the financial condition of the district. The Chancellor may also contract for, or request another appropriate agency to conduct, the reviews and audit or require the district, at the expense of the district, to contract for the reviews and audit. The terms and conditions of the contract and the final selection of a contractor shall be subject to the written approval of the Chancellor.
(b) Direct the district to amend and readopt the fiscal and educational plans prepared pursuant to section 58310 based on the findings of the comprehensive audits.
(c) Review and monitor the implementation of the plans and direct the district to make any further modifications to the fiscal and educational plans he or she deems necessary for the district's achievement of fiscal stability.
(d) Appoint or assign a special trustee at district expense for the period of time necessary for the district to achieve fiscal stability or solvency or to implement the principles of sound fiscal management. The Chancellor shall establish benchmarks that indicate the presence of local capacity to manage fiscal duties. The special trustee shall have recognized expertise in finance, and may, with the approval of the Chancellor, employ on a short-term basis any staff necessary to assist the special trustee. The Chancellor shall determine and specify in writing the duties of the special trustee, which may include, but are not limited to, any or all of the following:
(1) Reviewing and monitoring the plans, reports, and other financial material required under section 58310 and this section.
(2) Requiring any further modifications to the fiscal and educational plans which he or she deems necessary.
(3) Determining district spending levels and priorities to further the district's achievement of fiscal stability.
(4) Approving or disapproving actions of the district which affect or relate to the implementation of the fiscal and educational plans.
(e) If the Chancellor determines that further efforts to have the district modify or implement the plans would be futile, the Chancellor may, with the approval of the Board of Governors, also authorize a special trustee appointed pursuant to subdivision (d) to assume management and control of the district, including assumption of the legal rights, powers and duties of the governing board of the district to the full extent deemed necessary by the Board of Governors in order to achieve fiscal stability or solvency or to implement the principles of sound fiscal management set forth in section 58311. The Chancellor may authorize the special trustee to exercise such powers as are approved by the Board of Governors for a period of no more than one year, unless the Board of Governors approves one or more one-year extensions. The exercise by the special trustee of such powers shall be subject to all legal requirements applicable to the district. The governing board of the district may not exercise any authority so assumed.
(f) The Chancellor may require the district, at district expense, to pay all costs incurred in performing any of the services described in this section. This may include requiring the district to employ staff or contract for services necessary to assist the special trustee, to compensate the special trustee for his or her services and for any expenses or liabilities that he or she may incur, to insure the special trustee, and to defend, indemnify and hold harmless the special trustee, the Office of the Chancellor or its employees and the state for any liability arising out of or in connection with the conduct of the district or its governing board prior to the appointment of the special trustee. Alternatively, or to the additional extent necessary, the Chancellor may withhold funds necessary to pay for any or all such costs incurred in performing the services described herein from funding that would otherwise have been apportioned to the district under Section B of the State School Fund.
NOTE
Authority cited: Sections 66700, 70901 and 84040, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of printing errors in subsection (g) (Register 91, No. 43).
3. Amendment of subsections (d), (g), and (h) filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
4. Editorial correction of History 1 (Register 95, No. 23).
5. Amendment of section and Note filed 9-14-2004; operative 10-14-2004. Submitted to OAL for printing only (Register 2004, No. 39).
§58314. Failure of Procedures to Achieve District Financial Stability; Authorized Actions of Chancellor.
Note • History
If the procedures pursuant to sections 58310 and 58312 fail to achieve district financial stability, as determined by the Chancellor, the Chancellor shall do any or all of the following:
(a) Reduce or withhold any apportionment to the district in any amount he or she deems appropriate.
(b) Report to the Board of Governors and the chairs of the educational policy and fiscal committees of both houses of the Legislature, the Director of Finance, and the Governor regarding the reasons for the continuing lack of fiscal stability at the district, any actions taken against the district, and the Chancellor's recommendations regarding further steps necessary to restore the district to fiscal stability or solvency or to bring it into compliance with the principles of sound fiscal management.
(c) Seek an emergency apportionment pursuant to section 58316.
NOTE
Authority cited: Sections 66700, 70901 and 84040, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
3. Amendment of section heading, section and Note filed 9-14-2004; operative 10-14-2004. Submitted to OAL for printing only (Register 2004, No. 39).
§58316. Appropriation for Emergency Apportionment; Repayment Schedule.
Note • History
(a) If the procedures pursuant to Sections 58310, 58312 and 58314 fail to stabilize the financial condition of the district before an emergency apportionment is necessary, the Chancellor may seek an appropriation for an emergency apportionment in an amount necessary to maintain the educational programs of the district as specified in the educational plan pursuant to Sections 58310 and 58312 and to preclude a negative ending balance.
(b) For each of three fiscal years, the Controller shall deduct from apportionments paid to a district pursuant to law, an amount not less than one-third of the amount actually allocated to the district pursuant to this section, together with amounts representing interest at a rate based on the most current investment rate of the Pooled Money Investment Account as of the date of the disbursement of funds to the district.
For each of three fiscal years, the amount deducted by the Controller pursuant to this subdivision shall be reapportioned to the source of the funds allocated to the district pursuant to this section. Amounts so reapportioned to Section B of the State School Fund shall be apportioned by the Chancellor to districts to alleviate any deficits in state funding in the year in which the loan is made or during the period of repayment. Unless otherwise determined pursuant to subdivision (c), the three-year repayment period shall consist of three consecutive fiscal years commencing with the fiscal year following the year in which the emergency apportionment is made.
(c) Any district which has received an emergency apportionment pursuant to this section may request a revision of the repayment schedule. The request shall be submitted to the Chancellor, the Joint Legislative Audit Committee, the Joint Legislative Budget Committee, and the Director of Finance. The request shall be accompanied by appropriate justification for any deferral of repayment, including a revision to the plans adopted by the district's governing board as specified in this section, together with specified identification of the reasons that the actions were taken by the district to correct the financial problems.
The Chancellor shall consult with representatives of the Joint Legislative Audit Committee, the Joint Legislative Budget Committee, the Director of Finance, and representatives which the Chancellor may select from the chief executive officers and presidents of the other community colleges and districts throughout the state. After consulting with these representatives, the Chancellor may revise the repayment schedule, may forgive the interest payments otherwise compounded as a result of any deferral of payment, and may specify any conditions that he or she determines are necessary to assure the repayment of the emergency apportionment. The Chancellor shall report his or her actions to the Board of Governors, the Director of Finance, the Controller, and Joint Legislative Budget Committee. The Controller shall deduct amounts from the apportionment schedule in accordance with the revised repayment plan.
NOTE
Authority cited: Sections 66700, 70901 and 84040, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment of subsections (b) and (c) and repealer of subsection (d) filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
3. Editorial correction of History 1 (Register 95, No. 23).
4. Change without regulatory effect amending Note filed 9-14-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 39).
§58317. Special Trustee Following Notice of Inadequate Plan. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901 and 84040, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 6-15-2004; operative 6-15-2004. Submitted to OAL for printing only (Register 2004, No. 31).
2. Repealer filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§58318. Requirement for Employee Indemnity Bond.
Note • History
The governing board of every community college district shall require each employee of the district, whose duty it is to handle funds of the district, and may, in its discretion, require employees of the district, whose duty it is to handle property of the district, to be bonded under a suitable bond indemnifying the district against loss.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
Subchapter 6. Student Fees
Article 1. Enrollment Fee and Differential Enrollment Fee
Note • History
Each district governing board shall charge each student a fee for enrolling in credit courses pursuant to the requirements of Education Code section 76300 and the requirements of this article. The fee prescribed by section 76300 shall be known as the enrollment fee.
NOTE
Authority cited: Sections 66700, 70901 and 76300, Education Code. Reference: Section 76300, Education Code.
HISTORY
1. New chapter 6 (article 1, sections 58500-58507, not consecutive) filed 8-13-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 33).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Amendment of article heading, subsection (a), and Note, and repealer of subsection (b) filed 2-24-93; operative 3-26-93 (Register 93, No. 9).
4. Amendment deleting subsection designation filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
5. Amendment of section and Note filed 5-25-94; operative 6-24-94. Submitted to OAL for printing only (Register 94, No. 22).
6. Editorial correction of History 2 (Register 95, No. 23).
7. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
(a) Semester: The enrollment fee charged of students enrolled in a regular semester shall be a per credit unit rate prescribed by the Legislature.
(b) Quarter: The enrollment fee charged of students enrolled in a regular quarter session shall be two-thirds of the per credit unit rate for a regular semester.
(c) Fractional Units: The enrollment fee charged for courses with fractional unit value shall be computed by multiplying the fraction times the applicable semester or quarter unit rate and rounding off to the nearest dollar.
NOTE
Authority cited: Sections 66700, 70901 and 76300, Education Code. Reference: Section 76300, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment of section heading, subsection (a)-(c), and Note, and repealer of subsection (d) filed 2-24-93; operative 3-26-93 (Register 93, No. 9).
3. Amendment of section and Note filed 5-25-94; operative 6-24-94. Submitted to OAL for printing only (Register 94, No. 22).
4. Editorial correction of History 1 (Register 95, No. 23).
5. Amendment of section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§58501.1. Differential Enrollment Fee. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901 and 76300, Education Code. Reference: Sections 32320, 76300, 76330 and 76330.1, Education Code.
HISTORY
1. New section filed 2-24-93; operative 3-26-93 (Register 93, No. 9).
2. Amendment of section and Note filed 5-25-94; operative 6-24-94. Submitted to OAL for printing only (Register 94, No. 22).
3. Editorial correction of subsection (a) (Register 94, No. 38).
4. Change without regulatory effect repealing section filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§58502. Fee Charged at Enrollment.
Note • History
The enrollment fee shall be charged of a student at the time the student is enrolled in a class. The district governing board may establish a policy authorizing the collection of the fee to be deferred under conditions determined by the governing board.
NOTE
Authority cited: Sections 66700, 70901 and 76300, Education Code. Reference: Section 76300, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment of Note filed 2-24-93; operative 3-26-93 (Register 93, No. 9).
3. Amendment of Note filed 5-25-94; operative 6-24-94. Submitted to OAL for printing only (Register 94, No. 22).
4. Editorial correction of History 1 (Register 95, No. 23).
5. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§58503. Variable Unit Classes.
Note • History
A student shall be charged for a variable unit class at the time the student enrolls in the class. The enrollment fee shall be based on the number of units in which the college enrolls the student. If the student later earns additional units, the student may add those units pursuant to the district's policy for adding classes. Any additional enrollment fee shall then be charged of the student. No refund shall be made for units not earned by the student, except as provided in section 58508.
NOTE
Authority cited: Sections 66700, 70901 and 76300, Education Code. Reference: Section 76300, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment of section and Note filed 2-24-93; operative 3-26-93 (Register 93, No. 9).
3. Amendment of Note filed 5-25-94; operative 6-24-94. Submitted to OAL for printing only (Register 94, No. 22).
4. Editorial correction of History 1 (Register 95, No. 23).
5. Amendment of section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§58504. Short-Term Classes. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901 and 72252, Education Code. Reference: Section 72252, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Repealer filed 2-24-93; operative 3-26-93 (Register 93, No. 9).
3. Editorial correction of History 1 (Register 95, No. 23).
§58505. Courses Extending Beyond One Term. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901 and 72252, Education Code. Reference: Section 72252, Education Code.
HISTORY
1. Amendment filed 3-3-86; effective thirtieth day thereafter (Register 86. No. 10).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Repealer filed 2-24-93; operative 3-26-93 (Register 93, No. 9).
4. Editorial correction of History 2 (Register 95, No. 23).
§58506. Summer Session or Intersession. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901 and 72252, Education Code. Reference: Section 72252, Education Code.
HISTORY
1. New section filed 6-12-85; effective thirtieth day thereafter (Register 85, No. 24).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Repealer filed 2-24-93; operative 3-26-93 (Register 93, No. 9).
4. Editorial correction of History 2 (Register 95, No. 23).
Note • History
A community college district may allow a student to add or drop classes during the term pursuant to district policy. The enrollment fee shall be adjusted to reflect added or dropped courses as allowed by district policy.
NOTE
Authority cited: Sections 66700, 70901 and 76300, Education Code. Reference: Section 76300, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment of section and Note filed 2-24-93; operative 3-26-93 (Register 93, No. 9).
3. Amendment of Note filed 5-25-94; operative 6-24-94. Submitted to OAL for printing only (Register 94, No. 22).
4. Editorial correction of History 1 (Register 95, No. 23).
5. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
(a) A community college district governing board shall refund upon request any enrollment fee paid by a student pursuant to section 58501 for program changes made during the first two weeks of instruction for a primary term-length course, or by the 10 percent point of the length of the course for a short-term course.
(b) A student shall be allowed at least two weeks from the final qualifying date of the program change specified in subdivision (a) to request an enrollment fee refund.
(c) A community college district shall not refund any enrollment fee paid by a student for program changes made after the first two weeks of instruction for a primary term-length course, or after the 10 percent point of the length of the course for a short-term course, unless the program change is a result of action by the district to cancel or reschedule a class or to drop a student pursuant to subdivision (l) of section 55003 where the student fails to meet a prerequisite.
(d) When refunding an enrollment fee pursuant to subdivision (a), a community college district may retain once each semester or quarter an amount not to exceed $10.00.
(e) If the district has adopted a withdrawal policy pursuant to section 55024, any student who is a member of an active or reserve United States military service, and who has withdrawn from courses due to military orders, may file a petition with the district requesting refund of the enrollment fee. The district shall refund the entire fee unless academic credit has been awarded.
(f) Prior to refunding any enrollment fee or tuition, the district may determine if the student received federal Title IV funds during the term of enrollment. If funds were received, the refund may be held for up to 30 days while the district determines if any institutional or student return to the federal Title IV programs is due under Section 485 of the Higher Education Amendments of 1998, P.L. 105-244. If a return is deemed to be required, the amount of enrollment fee refund may first be used to meet any return obligation of the district and, if an amount of enrollment fee refund remains after the district obligation has been met, that amount may be used to meet any return obligation of the student. If an enrollment fee refund amount remains after all return obligations have been met, the student shall receive the remainder.
NOTE
Authority cited: Sections 66700, 70901 and 76300, Education Code. Reference: Section 76300, Education Code.
HISTORY
1. New section filed 9-5-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 36).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. New subsection (d) filed 5-20-91 and submitted to OAL on 5-24-91 for printing only pursuant to Education Code section 70901.5; operative 6-19-91 (Register 91, No. 31).
4. Amendment of subsection (b) filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
5. Amendment of section and Note filed 2-24-93; operative 3-26-93 (Register 93, No. 9).
6. New subsection (b), subsection redesignation, and amendment of subsection (c) and Note filed 5-25-94; operative 6-24-94. Submitted to OAL for printing only (Register 94, No. 22).
7. Amendment of subsections (b), (d) and (e) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
8. Editorial correction of History 2 (Register 95, No. 23).
9. Amendment of section and Note filed 8-30-2000; operative 9-29-2000. Submitted to OAL for printing only (Register 2000, No. 35).
10. Change without regulatory effect amending subsections (a)-(e) filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
11. Amendment of subsections (c) and (e) filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
§58509. Authority of Chancellor to Waive Provisions to Accommodate Students Impacted by Extraordinary Conditions.
Note • History
(a) Notwithstanding section 58508, a community college district may provide a full refund of enrollment fees to any student who withdrew from one or more classes, where the district finds that such withdrawal was necessary for one of the following reasons:
(1) the college attended by the student was closed or the college was unable to provide all or substantially all of the instruction in the course or courses in which the student was enrolled due to fire, flood or other conditions qualifying for adjustment of apportionment pursuant to section 58146; or
(2) although the district does not qualify for an apportionment adjustment pursuant to section 58146, one of the conditions enumerated in that section made it difficult or impossible for the student to attend one or more courses because the student was actively engaged in responding to the fire, flood or other condition or because such condition required the student to evacuate his or her home.
(b) Consistent with section 55024, a community college district need not record a “W” on the academic records of a student who withdraws from one or more classes due to any of the circumstances described in subdivision (a).
(c) The Chancellor is authorized, upon receipt of a written request from a community college district, to waive any provision of this title in order to accommodate students affected by any of the circumstances described in subdivision (a).
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 9-21-2000 as an emergency; operative 9-21-2000. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 2000, No. 40).
2. Repealer and new section filed 1-16-2004; operative 1-12-2004. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2004, No. 11).
3. Amendment filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
4. Amendment of section heading and subsection (a), new subsections (a)(1)-(a)(2) and amendment of subsection (b) filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
Article 2. Student Center Fee
§58510. Student Center Fee Election.
Note • History
If it desires to exercise the authority given by section 76375 of the Education Code, the governing board of a community college district shall
establish procedures for an election conducted for the purpose of collecting a student body center building and operating fee, and call an election for such purpose. The procedures shall be developed in consultation with the student government body of the college(s) at which the fee would be assessed. The election shall, at minimum, meet the following criteria:
(a) The governing board shall make available in its district office and the student government office written information regarding the election procedures. Such information shall be made available to the public upon request.
(b) Adequate notice of the election shall be given. Adequate notice is deemed to be at least ten school days prior to the election date.
(c) The election shall be held on a day which counts toward the 175 day requirement set forth in section 58142. In instances where the election is conducted for more than one day, those days shall be consecutive and shall be limited to a maximum of five days.
(d) The ballot proposal seeking authorization of the fee shall specify the intended duration of the fee and the intended use of the fee revenue.
(e) The election shall be conducted in a manner that would allow equal opportunity for day and evening students to participate.
NOTE
Authority cited: Sections 66700, 70901 and 76375, Education Code. Reference: Section 76375, Education Code.
HISTORY
1. New section filed 5-12-88; operative 5-12-88 (Register 88, No. 20).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 23).
4. Change without regulatory effect amending first paragraph, subsection (c) and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Article 3. Transportation Services Fees
§58520. Transportation Services Fee Election.
Note • History
If the governing board of the Los Rios Community College District or the governing board of the Rio Hondo Community College District seeks to establish a mandatory transportation services fee pursuant to subdivisions (b)(1) or (b)(2) of Education Code section 76361.1, that governing board shall adopt and publish procedures for elections conducted for the purpose of collecting a transportation services fee and shall call an election for such purpose. The election shall, at a minimum, meet the following criteria:
(a) The governing board shall make available in its district office and the student government office of each affected college written information regarding election procedures. Such information shall be made available to the public upon request.
(b) Adequate notice of the election shall be given by the governing board. Adequate notice is deemed to be notice at least ten school days prior to the election.
(c) Each election shall be held on a day which counts toward the 175 day requirement as defined in section 58120. In instances where an election is conducted for more than one day, those days shall be consecutive and shall be limited to a maximum of five days.
(d) The election shall be conducted in a manner that would allow equal opportunity for day, evening, and weekend students to participate.
(e) Each election shall be held no more than 10 years prior to the date of the expiration of a contract proposed to be entered into for transportation services provided by a common carrier or a municipally owned transit system, or no more than 10 years prior to the date to which it is proposed that an existing contract be extended.
(f) If the proposed transportation services fee is to be required of all students, other than those students who are exempt from the fees pursuant to paragraph (1) of subdivision (c) of section 76361.1, and of all employees of a campus of the Los Rios Community College District or a campus of the Rio Hondo Community College District, the fee may be imposed upon the favorable vote of the majority of the students and of a majority of the employees of that particular campus voting in an election on the question of whether or not the governing board should require all students and employees at that campus to pay a fee for transportation services for a period of time to be determined by the governing board of the district.
(g) If the proposed transportation services fee is to be required of all students, other than those students who are exempt from the fees pursuant to paragraph (1) of subdivision (c) of section 76361.1, of a campus of the Los Rios Community College District or a campus of the Rio Hondo Community College District, the fee may be imposed upon the favorable vote of a majority of the students of that particular campus voting in an election on the question whether or not the governing board should require all students at that campus to pay a fee for transportation services for a period of time to be determined by the governing board of the district.
(h) Any transportation services fee election held by either the Los Rios Community College District or the Rio Hondo Community College District prior to the effective date of this section will be considered valid and binding if the election satisfies the requirements of this section.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 76361 and 76361.1, Eduction Code.
HISTORY
1. New article 3 (section 58520) and section filed 7-20-2007; operative 8-19-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Subchapter 7. Student Financial Aid
Note • History
This subchapter governs the administration of student financial aid allocated by the Board of Governors to community college districts.
NOTE
Authority cited: Sections 66700, 70901 and 76300, Education Code. Reference: Section 76300, Education Code.
HISTORY
1. New chapter 7 (sections 58600-58630, not consecutive) filed 9-20-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 40).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 23).
4. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
As used in this subchapter:
Board of Governors Grant. An instrument used by a community college district to process the financial assistance provided to a low-income student pursuant to the terms of this subchapter.
NOTE
Authority cited: Sections 66700, 70901 and 76300, Education Code. Reference: Section 76300, Education Code.
HISTORY
1. Amendment filed 11-15-85; effective thirtieth day thereafter (Register 85, No. 46).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 23).
4. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
(a) The Chancellor shall estimate each community college district's need for Board of Governors Grants, and shall allocate funds to districts based on that anticipated need.
(b) In estimating each district's need for these financial assistance funds the Chancellor shall consider the following factors:
(1) The number of Pell Grant recipients in the district in the previous fiscal year;
(2) The estimated number of students in the district who are eligible pursuant to Education Code section 76300;
(3) The estimated number of low-income students in the district who are enrolled for fewer than six units.
(c) The Chancellor shall apportion the allocations in the advanced apportionment certified by the Chancellor.
NOTE
Authority cited: Sections 66700, 70901 and 76300, Education Code. Reference: Section 76300, Education Code; 20 U.S.C. Section 1070(a).
HISTORY
1. Amendment of subsections (a) and (b) filed 11-15-85; effective thirtieth day thereafter (Register 85, No. 46).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 23).
4. Change without regulatory effect amending subsection (b)(2) and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
Districts shall report the number of and amounts provided for Board of Governors Grants. The Chancellor shall then adjust the financial assistance allocation in the first and second principal apportionments to reflect each district's actual expenditure of funds allocated pursuant to this subchapter. Any necessary additional adjustments shall be made in the applicable fiscal year recalculations.
NOTE
Authority cited: Sections 66700, 70901 and 76300, Education Code. Reference: Section 76300, Education Code.
HISTORY
1. Amendment filed 11-15-85; effective thirtieth day thereafter (Register 85, No. 46).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 23).
4. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§58612. Financial Assistance Awards.
Note • History
(a) A community college district shall provide Board of Governors Grants to all students who are eligible and who apply for this assistance.
(b) A student who is determined to be eligible for a Board of Governors Grant may be presumed to be eligible for that assistance for the remainder of the academic year and until the beginning of the following fall term.
(c) Nothing in this subchapter shall prohibit a community college district from establishing a date beyond which it will not accept applications for this financial assistance.
NOTE
Authority cited: Sections 66700, 70901 and 76300, Education Code. Reference: Section 76300, Education Code.
HISTORY
1. Amendment filed 11-15-85; effective thirtieth day thereafter (Register 85, No. 46).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 23).
4. Change without regulatory effect amending subsection (c) and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
Board of Governors Grants shall be made in the amount of the enrollment fee calculated pursuant to section 58507.
NOTE
Authority cited: Sections 66700, 70901 and 76300, Education Code. Reference: Section 76300, Education Code.
HISTORY
1. Amendment filed 11-15-85; effective thirtieth day thereafter (Register 85, No. 46).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 23).
4. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§58620. Student Eligibility: Board of Governors Grant.
Note • History
To be eligible for a Board of Governors grant, a student must:
(a) Be a California resident; so long as a person qualifies for a military exception pursuant to Education Code section 68074 or section 68075, he or she shall be deemed a California resident for purposes of this section.
(b) Meet one of the following criteria:
(1) Income Standards.
(A) Be a single and independent student having no other dependents and whose total income in the prior year was equal to or less than 150% of the U.S. Department of Health and Human Services Poverty Guidelines for a family of one; or be a married, independent student having no dependents other than a spouse, whose total income of both student and spouse in the prior year was equal to or less than 150% of the U.S. Department of Health and Human Services Poverty Guidelines for a family of two.
(B) Be a student who is dependent in a family having a total income in the prior year equal to or less than 150% of the U.S. Department of Health and Human Services Poverty Guidelines for a family of that size, not including the student's income, but including the student in the family size.
(C) Provide documentation of taxable or untaxed income.
(D) Be a student who is married or a single head of household in a family having a total income in the prior year equal to or less than 150% of the U.S. Department of Health and Human Services Poverty Guidelines for a family of that size.
(E) Be an independent student whose Estimated Family Contribution as determined by federal methodology is equal to zero or a dependent student for whom the parent portion of the Estimated Family Contribution as determined by federal methodology is equal to or less than zero.
(F) For purposes of this subdivision, U.S. Department of Health and Human Services Poverty Guidelines used each year shall be the most recently published guidelines immediately preceding the academic year for which a fee waiver is requested.
(2) Current recipient of benefits described in Education Code section 76300(g).
(A) At the time of enrollment be a recipient of benefits under the Temporary Assistance for Needy Families (TANF) program. A dependent student whose parent(s) or guardian(s) are recipients of TANF shall be eligible if the TANF program grant includes a grant for the student or if the TANF grant is the sole source of income for the parent or guardian.
(B) At the time of enrollment be a recipient of benefits under the Supplemental Security Income (SSI) program. A dependent student whose parent(s) or guardian(s) are recipients of SSI shall be eligible if the SSI program grant is the sole source of income for the parent(s) or guardian(s).
(C) At the time of enrollment be a recipient of benefits under the General Assistance program.
(D) Provide documentation that the student if a recipient of benefits under one of the programs identified in Education Code section 76300(g) and (h) at the time of enrollment. Documentation sufficient to meet the requirements of this subdivision shall provide official evidence of these benefits.
(3) Need-Based Financial Aid Eligibility. Any student who has been determined financially eligible for federal and/or state needed-based financial aid.
NOTE
Authority cited: Sections 66700, 68044, 70901 and 76300, Education Code. Reference: Sections 68074, 68075 and 76300(g) and (h), Education Code; 20 USC Section 1070(a); and 34 CFR Section 674.12.
HISTORY
1. Amendment filed 11-15-85; effective thirtieth day thereafter (Register 85, No. 46).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 23).
4. Amendment filed 5-8-2000; operative 6-7-2000. Submitted to OAL for printing only (Register 2000, No. 23).
5. Redesignation of second subsection (b)(1)(C) to subsection (b)(1)(D), subsection relettering, amendment of subsections (b)(2) and (b)(2)(D) and amendment of Note filed 7-18-2000; operative 8-17-2000. Submitted to OAL for printing only (Register 2000, No. 29).
6. Amendment of section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§58621. Student Eligibility: Enrollment Fee Credit. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 71020, 71062 and 72252, Education Code. Reference: Section 72252, Education Code; and Section 19, Chapter 1, Statutes of 1984.
HISTORY
1. Repealer filed 11-15-85; effective thirtieth day thereafter (Register 85, No. 46).
§58622. Student Eligibility: Enrollment Fee Waiver. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 71020, 71062 and 72252, Education Code. Reference: Section 72252, Education Code; and Section 19, Chapter 1, Statutes of 1984.
HISTORY
1. Repealer filed 11-15-85; effective thirtieth day thereafter (Register 85, No. 46).
§58630. District Reporting and Accountability.
Note • History
(a) Dollars allocated for financial assistance pursuant to this subchapter shall be identified separately in district accounts.
(b) The governing board of each community college district shall adopt procedures that will document all financial assistance provided on behalf of students pursuant to this subchapter. Authorized procedures shall include rules for retention of support documentation which will enable an independent determination regarding accuracy of the district's certification of need for financial assistance.
NOTE
Authority cited: Sections 66700, 70901 and 76300, Education Code. Reference: Section 76300, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 23).
3. Change without regulatory effect amending subsections (a) and (b) and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Subchapter 8. Community College General Apportionment Funding
Article 1. General Provisions
Note • History
(a) The criteria and standards set forth in this Subchapter shall serve as the basis of making the Board of Governors annual budget request for the California Community Colleges to the Governor and the Legislature and as the basis for Board of Governors allocation of the state general apportionment revenues.
(b) The provisions of Chapter 5, Article 2.5 of Part 50 of the Education Code and the provisions of this Subchapter shall be the sole basis for budget requests and allocations of state general apportionment revenues.
(c) Notwithstanding the foregoing, adjustments for prior year apportionments shall be made using the funding mechanism applied for apportionment purposes in the year for which adjustments are made.
NOTE
Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code.
HISTORY
1. New section filed 5-29-91 and submitted to OAL 6-3-91 for printing only pursuant to Education Code section 70901.5; operative 6-30-91 (Register 91, No. 28).
2. Amendment of subsections (a) and (b) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Amendment of subchapter heading filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
Note • History
This subchapter applies to the allocation of general state apportionment.
NOTE
Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code.
HISTORY
1. New section filed 5-29-91 and submitted to OAL 6-3-91 for printing only pursuant to Education Code section 70901.5; operative 6-30-91 (Register 91, No. 28).
Note • History
The Chancellor is authorized to waive or adjust any provision of this Subchapter as necessary to ensure that districts not party to district reorganization authorized by Education Code Sections 74265 and 74265.5 will not be adversely affected during the fiscal year in which any such reorganization occurs.
NOTE
Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Sections 74265, 74265.5 and 84750.
HISTORY
1. New section filed 11-12-99; operative 12-12-99. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 99, No. 47).
§58704. System Funding Principles.
Note • History
(a) General funding for community college districts shall be prior year general apportionment revenue (state and local) adjusted for any amount attributed to a deficit mechanism, with revenue adjustments being made for inflation, increases or decreases in FTES (Full-Time Equivalent Student) and such other adjustments as are authorized by law.
(b) The funding mechanism for community college districts shall be based on the principles contained in Education Code sections 84750.5 and 84760.5, and such other categories of operation as may, from time to time, be determined by the Legislature.
(c) The funding mechanism for community college noncredit activities shall be as specified in section 84750.5(d)(2) of the Education Code.
(d) The following funding rates apply to the specified workload measures as follows:
(1) The marginal funding rate for credit revenue per FTES shall be not less than four thousand three hundred sixty-seven dollars ($4,367), to be revised per the recognized change in the cost-of-living specified in subsequent annual Budget Acts.
(2) The marginal funding rate for noncredit revenue per FTES shall be not less than two thousand six hundred twenty-six dollars ($2,626), to be revised per the recognized change in the cost-of-living specified in subsequent annual Budget Acts.
(3) The marginal funding rate for career development and college preparation FTES may be at a uniform rate of three thousand ninety two dollars ($3,092), to be revised per the recognized change in the cost-of-living specified in subsequent annual Budget Acts. This funding authorization is contingent on an adequate appropriation dedicated for this purpose in the annual budget.
(4) Changes in FTES shall result in adjustments to credit, noncredit, and career development and college preparation revenues based on the respective marginal funding rates for credit, noncredit, and career development and college preparation FTES.
(A) Increases in FTES shall result in an increase in its respective revenue in the year of the increase and at its associated marginal rate per FTES, including any cost-of-living adjustment authorized by statute or by the annual Budget Act.
(B) Decreases in FTES shall result in a revenue reduction for its respective workload in the year following the decrease and at its associated marginal rate per FTES.
(e) Nothing in these regulations for state apportionment allocation shall require district governing boards to expend allocated revenues in specified categories of operation or according to workload measures contained herein.
(f) The Chancellor may develop and provide for district use, any procedures, processes and formulas he or she deems necessary to the utilization of the criteria and standards specified herein.
NOTE
Authority cited: Sections 66700, 70901 and 84750.5, Education Code. Reference: Sections 84750.5 and 84760.5, Education Code.
HISTORY
1. New section filed 5-29-91 and submitted to OAL 6-3-91 for printing only pursuant to Education Code section 70901.5; operative 6-30-91 (Register 91, No. 28).
2. Amendment of section heading, section and Note filed 1-17-2007; operative 1-17-2007. Submitted to OAL for printing purposes only pursuant to Education Code section 70901.5 (Register 2007, No. 9).
3. Repealer of subsection (e) and subsection relettering filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
§58706. Definitions. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code.
HISTORY
1. New section filed 5-29-91 and submitted to OAL 6-3-91 for printing only pursuant to Education Code section 70901.5; operative 6-30-91 (Register 91, No. 28).
2. Amendment of subsections (a) and (f) filed 8-19-92; operative 9-18-92 (Register 92, No. 34).
3. Repealer filed 1-17-2007; operative 1-17-2007. Submitted to OAL for printing purposes only pursuant to Education Code section 70901.5 (Register 2007, No. 9).
§58707. Adjustments Under Former Funding System.
Note • History
The following articles of this subchapter shall remain in effect only for purposes of program-based funding and for making adjustments for periods when funding was allocated under program-based funding. These articles do not apply in any way to the funding system described in section 58704 or the allocation process prescribed in Education Code section 84750.5:
Article 2. Credit Instruction
Article 3. Credit Instructional Services
Article 4. Credit Student Services
Article 5. Maintenance and Operations
Article 6. Institutional Support
Article 7. Noncredit Activities
NOTE
Authority cited: Sections 66700, 70901 and 84750.5, Education Code. Reference: Section 84750.5, Education Code.
HISTORY
1. New section filed 1-17-2007; operative 1-17-2007. Submitted to OAL for printing purposes only pursuant to Education Code section 70901.5 (Register 2007, No. 9).
Article 2. Credit Instruction
§58710. Description of Credit Instruction Category.
Note • History
The credit instruction category of operation includes credit instructional activities involving students, academic administration (administration immediately above instructors), and course and curriculum development. These activities correspond to the California Community College Budget and Accounting Manual Classification of Expenditures by Activity, activity codes 0100 through 6000.
NOTE
Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code.
HISTORY
1. New section filed 5-29-91 and submitted to OAL 6-3-91 for printing only pursuant to Education Code section 70901.5; operative 6-30-91 (Register 91, No. 28).
§58712. Credit Instruction Standards.
Note • History
(a) The credit instruction standards per college shall be as follows:
(1) Teaching faculty ratio of 75% full-time and 25% hourly.
(2) The statewide average faculty salaries equal to those paid by the California State University.
(3) A student/faculty ratio of 25 to 1.
(4) An amount equivalent to 21% of instructor salaries for the cost of staff support and supplies.
(5) An amount equivalent to 12.5% of the above standards for academic administration.
(6) An amount equivalent to the average annual expenditure per student workload measure for credit instruction of the ten states with the highest annual expenditures per student workload for credit instruction.
(7) The standards derived in subparagraphs (1) through (6) above, shall be adjusted by the scale factor defined in section 58714.
(b) The standard rate derived from application of the above standards to be used in the 1991-92 allocation process, contained in article 8 of this subchapter, for the credit instruction category is $3,195.85, as adjusted by the scale factor pursuant to section 58714, increased by the inflation adjustment pursuant to subdivision (a) of section 58773. For 1992-93 and each year thereafter, the standard rate shall be the rate used for the prior fiscal year increased by the inflation adjustment pursuant to subdivision (a) of section 58773.
NOTE
Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code.
HISTORY
1. New section filed 5-29-91 and submitted to OAL 6-3-91 for printing only pursuant to Education Code section 70901.5; operative 6-30-91 (Register 91, No. 28).
§58714. Credit Instruction Scale Factors.
Note • History
(a) For single college districts:
(1) If credit FTES is less than 2,875, the scale factor is:
1.4647 - 1.52173913(FTES/10,000) + 0.151222(FTES/10,000)2
(2) If credit FTES is greater than or equal to 2,875 and less than or equal to 10,000, the scale factor is:
1.055719298175 - 0.055719298(FTES/10,000)
(3) If credit FTES is greater than 10,000, the scale factor is 1.0.
(b) For each college in a multi-college district:
(1) If credit FTES is less than 2,875, the scale factor is:
1.4249995135523 - 1.480492605(FTES/10,000) + 0.14712(FTES/10,000)2.
(2) If credit FTES is greater than or equal to 2,875 and less than or equal to 5,000, the scale factor is:
1.0271041758361 - 0.054209034(FTES/10,000).
(3) If credit FTES is greater than 5,000, the scale factor is 1.0.
NOTE
Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code.
HISTORY
1. New section filed 5-29-91 and submitted to OAL 6-3-91 for printing only pursuant to Education Code section 70901.5; operative 6-30-91 (Register 91, No. 28).
2. Editorial correction of subsections (a)(2) and (b)(1) (Register 95, No. 23).
Article 3. Credit Instructional Services
§58720. Description of Credit Instructional Services Category.
Note • History
The credit instructional services category of operation includes library, media, and learning center services that are supplemental to the instructional effort. These services correspond to the California Community Colleges Budget and Accounting Manual Classification of Expenditures by Activity, activity code 6100.
NOTE
Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code.
HISTORY
1. New section filed 5-29-91 and submitted to OAL 6-3-91 for printing only pursuant to Education Code section 70901.5; operative 6-30-91 (Register 91, No. 28).
§58722. Credit Instructional Services Standards.
Note • History
(a) The credit instructional services standards per college in 1990-91 dollars shall be as follows:
(1) Library staffing and materials based on the following model:
(A) The number of faculty librarians identified in Table 1 of section 58724 times the salary;
(B) The number of support staff identified in Table 1 of section 58724 times the salary;
(C) The number of periodicals identified in Table 1 of section 58724 times $73.50;
(D) 3% of the number of volumes identified in Table 1 of section 58724 times $40.32;
(E) Administrative and fixed costs of $21,777;
(F) Per student allocation of $1.89 per FTES;
(G) Book binding equal to [(FTES x 0.008) + $2,252] x $19.80;
(H) Technical processing costs equal to [3% of the number of volumes identified in Table 1 of section 58724] x $5.34;
(I) Contractual services for on-line bibliographic utility, automated library systems, and on-line data bases/indexes equal to $71,198.
(2) Media center staffing and materials based on the following model:
(A) The number of media faculty identified in Table 2 of section 58724 times the salary;
(B) The number of support staff identified in Table 2 of section 58724 times the salary;
(C) Number of video/film identified in Table 2 of section 58724 times 3% times $104.66;
(D) Number of other materials identified in Table 2 of section 58724 times 3% times $232.38;
(E) Per student allocation of $1.78 per FTES;
(F) Technical processing costs equal to [3% of the total number of video/film and other materials identified in Table 2 of section 58724] x $4.98.
(3) Learning center allocations calculated at $56.58 x FTES.
(b) The standard rate derived from application of the above standards to be used in the 1991-92 allocation process, contained in article 8 of this subchapter, for the credit instructional services category shall be
(1) $511,474 per college plus $60.41 per credit FTES, both increased by the inflation adjustment pursuant to subdivision (a) of section 58773, for colleges with less than or equal to 1,002 credit FTES, or
(2) $396,935 per college plus $174.76 per credit FTES, both increased by the inflation adjustment pursuant to subdivision (a) of section 58773, for colleges with credit FTES greater than 1,002 and less than or equal to 3,303, or
(3) $308,331 per college plus $201.59 per credit FTES, both increased by the inflation adjustment pursuant to subdivision (a) of section 58773, for colleges with credit FTES greater than 3,303. For 1992-93 and each fiscal year thereafter, the standard rates shall be the rates used for the prior fiscal year increased by the inflation adjustment pursuant to subdivision (a) of section 58773.
NOTE
Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code.
HISTORY
1. New section filed 5-29-91 and submitted to OAL 6-3-91 for printing only pursuant to Education Code section 70901.5; operative 6-30-91 (Register 91, No. 28).
2. Editorial correction of subsection (b)(2) (Register 95, No. 23).
§58724. Tables of Minimum Standards for Libraries and Media Centers.
Note • History
(a) Table 1 consists of ALA/ACRL-AECT described minimum standards for libraries as follows:
Embedded Graphic 05.0112
(b) Table 2 consists of ALA/ACRL-AECT described minimum standards for media centers as follows:
Embedded Graphic 05.0113
NOTE
Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code.
HISTORY
1. New section filed 5-29-91 and submitted to OAL 6-3-91 for printing only pursuant to Education Code section 70901.5; operative 6-30-91 (Register 91, No. 28).
Article 4. Credit Student Services
§58730. Description of Credit Student Services Category.
Note • History
The credit student services category of operation includes the components of matriculation, financial aid, placement services, student activities and other student services. These services correspond to the California Community Colleges Budget and Accounting Manual Classification of Expenditures by Activity, activity codes 6200 through 6400.
NOTE
Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code.
HISTORY
1. New section filed 5-29-91 and submitted to OAL 6-3-91 for printing only pursuant to Education Code section 70901.5; operative 6-30-91 (Register 91, No. 28).
§58732. Credit Student Services Standards.
Note • History
(a) The credit student services standards per college in 1990-91 dollars shall be as follows:
(1) Admissions and records at $30.13 per credit headcount.
(2) Orientation: Twenty counselor days for development of materials and preparation; staff costs per orientation session equal to 3 hours of a counselor, 1 hour of a technician, 3 hours of a student worker, and 16 hours of clerical support; eighty percent of the new credit enrollees are served with 100 students in each orientation session; $5.05 for supplies for each new enrollee served.
(3) Testing and Assessment: One FTE technician plus one FTE clerical staff for administration of testing; plus $1.01 per enrollee tested for notification costs.
(A) General testing of 3 tests at one hour each at $20.19 per hour for administration; 80% of the new enrollees are tested with 50 students per test session; $2.02 to purchase each test, plus $0.10 to score each standardized test and $9.64 to score each holistic test.
(B) Additional limited English proficiency testing of 2 additional tests at one hour each at $40.39 per hour for administration; 5% of the nonexempt new enrollees are assumed to require testing with 15 students per test session; $2.02 to purchase each test, plus $0.10 for scoring.
(4) Counseling:
(A) Pre-registration: The FTE counselors plus 25% FTE clerical support necessary to counsel each nonexempt new fall enrollee on a one-to-one basis for one-half hour each;
(B) Post-registration: The FTE counselors plus 25% FTE clerical support necessary for student educational plans, general counseling, probation counseling, and Basic Skills counseling. Eighty percent of new enrollees will be counseled for 1 hour and 15 minutes for student educational plans. Fifty percent of continuing students will be counseled for 1 hour of general counseling. Twelve percent of the continuing students will receive probationary counseling for 1 hour 45 minutes. Basic Skills students will receive an additional 30 minutes of counseling each term. Counselors are assumed to average 6.36 hours per day, 75% of which is spent with students. An allocation of $641 per counselor is calculated for supplies.
(5) Research and Evaluation: 1 FTE researcher plus 1 FTE programmer plus .5 clerical support staff plus $2,093 for supplies. Costs for this area are accounted for under institutional support and are not included in the standards rates derived in subdivision (b).
(6) Coordination and Training: 1 FTE administrator plus 1 FTE coordinator plus 1 FTE clerical support.
(7) Financial aid: 1 FTE director plus 1 FTE advisor plus 0.5 FTE technician plus 1 FTE clerical support plus $2,764 base fixed costs plus $21.56 per credit headcount.
(8) Placement services cost of 1 director salary plus 1 FTE academic staff per 14,500 credit enrollees plus 1 clerical FTE plus additional 1 clerical per 4 academic staff members.
(9) Credit student activities costs of 1 director salary plus 1 FTE academic staff per 14,500 credit enrollees plus 1 clerical FTE plus additional 1 clerical per 4 academic staff members.
(10) Flat rate of $34.37 per credit headcount for additional, unspecified student services.
(11) The standards derived in Subparagraphs (1), (2), (3), (4), and (10) above, shall be adjusted by the scale factor defined in Section 58734.
(b) The standard rate derived from application of the above standards to be used in the 1991-92 allocation process, contained in Article 8 of this Subchapter, for the credit student services category shall be $692,999 per college, increased by the inflation adjustment pursuant to subdivision (a) of Section 58773, plus $219.10 per new credit enrollment and $175.94 per continuing credit enrollment, both adjusted by the inflation adjustment pursuant to Subdivision (a) of Section 58773 and the scale factor, pursuant to Section 58734. For 1992-93 and each fiscal year thereafter, the standard rates shall be the rates used for the prior fiscal year increased by the inflation adjustment pursuant to Subdivision (a) of Section 58773.
NOTE
Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code.
HISTORY
1. New section filed 5-29-91 and submitted to OAL 6-3-91 for printing only pursuant to Education Code section 70901.5; operative 6-30-91 (Register 91, No. 28).
2. Amendment of section and Note filed 11-6-97; operative 12-6-97. Submitted to OAL for printing only (Register 97, No. 46).
§58734. Credit Student Services Scale Factors.
Note • History
(a) For single college districts:
(1) If credit headcount is less than 6,439, the scale factor is:
1.4647 - 0.679483162 (Headcount/10,000) + 0.03014 (Headcount/10,000)2.
(2) If credit headcount is greater than or equal to 6,439 and less than or equal to 22,395, the scale factor is:
1.055719298175 - 0.024879641 (Headcount/10,000).
(3) If credit headcount is greater than 22,395, the factor is 1.0.
(b) For each college in a multi-college district:
(1) If credit headcount is less than 6,439, the scale factor is:
1.4249995135523 - 0.661063757 (Headcount/10,000) + 0.02932 (Headcount/10,000)2.
(2) If credit headcount is greater than or equal to 6,439 and less than or equal to 11,197, the scale factor is:
1.0271041758361 - 0.024205282 (Headcount/10,000).
(3) If credit headcount is greater than 11,197, the factor is 1.0.
NOTE
Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code.
HISTORY
1. New section filed 5-29-91 and submitted to OAL 6-3-91 for printing only pursuant to Education Code section 70901.5; operative 6-30-91 (Register 91, No. 28).
2. Amendment filed 11-6-97; operative 12-6-97. Submitted to OAL for printing only (Register 97, No. 46).
Article 5. Maintenance and Operations
§58740. Description of Maintenance and Operations Category.
Note • History
The maintenance and operations category of operation includes the activities associated with the general operation and maintenance of buildings and grounds both owned and leased by the district. These activities correspond to the California Community Colleges Budget and Accounting Manual Classification of Expenditures by Activity, activity code 6500.
NOTE
Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code.
HISTORY
1. New section filed 5-29-91 and submitted to OAL 6-3-91 for printing only pursuant to Education Code section 70901.5; operative 6-30-91 (Register 91, No. 28).
§58742. Maintenance and Operations Standards.
Note • History
(a) The maintenance and operations standards are based upon the extensive work done by Clyde Gordon and Associates, Inc. for CSU and UC systems contained in the report entitled, “UC/CSU Maintenance Workload Standards Study - October, 1987.”
(b) The standard rates derived from application of the above standards to be used in the 1991-92 allocation process, contained in article 8 of this subchapter, for the maintenance and operations category shall be $7.39 per gross square footage of the district owned or leased space under 100% control plus $315.76 per FTES generated in space that is not under the control of the district 100% of the time and is consequently not inventoried, both increased by the inflation adjustment pursuant to subdivision (a) of section 58773. For 1992-93 and each fiscal year thereafter, the standard rates shall be the rates used for the prior fiscal year increased by the inflation adjustment pursuant to subdivision (a) of section 58773.
NOTE
Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code.
HISTORY
1. New section filed 5-29-91 and submitted to OAL 6-3-91 for printing only pursuant to Education Code section 70901.5; operative 6-30-91 (Register 91, No. 28).
Article 6. Institutional Support
§58750. Description of Institutional Support Category.
Note • History
The institutional support category of operation includes activities associated with current and future management (planning and policy making) and the business services operations of the college and/or district. These activities correspond to the California Community Colleges Budget and Accounting Manual Classification of Expenditures by Activity, activity codes 6600 and 6700.
NOTE
Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code.
HISTORY
1. New section filed 5-29-91 and submitted to OAL 6-3-91 for printing only pursuant to Education Code section 70901.5; operative 6-30-91 (Register 91, No. 28).
§58752. Institutional Support Standards.
Note • History
(a) The institutional support standard is 14.2 percent of the amounts generated in all the categories specified in articles 2-7. It is based on actual statewide expenditure patterns in 1987-88 for the General Institutional Support and Policy Planning Activity as a percentage of total expenditures (less capital outlay).
(b) The standard rate derived from application of the above standard to be used in the 1991-92 and subsequent fiscal years allocation process, contained in article 8 of this subchapter, for the institutional support category is 14.2% of the revenue generated in categories specified in articles 2-7.
NOTE
Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code.
HISTORY
1. New section filed 5-29-91 and submitted to OAL 6-3-91 for printing only pursuant to Education Code section 70901.5; operative 6-30-91 (Register 91, No. 28).
Article 7. Noncredit Activities
§58760. Description of Noncredit Activities.
Note • History
Noncredit activities include the operations of instruction, instructional services, and student services for noncredit classes.
NOTE
Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code.
HISTORY
1. New section filed 5-29-91 and submitted to OAL 6-3-91 for printing only pursuant to Education Code section 70901.5; operative 6-30-91 (Register 91, No. 28).
Note • History
For the 1991-92 fiscal year, the amount per noncredit FTES shall be equal to the amount received for 1990-91 for noncredit average daily attendance less a proportionate amount for maintenance and operations, and institutional support, plus increases corresponding to the inflation adjustment specified in subdivision (a) section 58773. For the 1992-93 fiscal year and each fiscal year thereafter, the amount per noncredit FTES shall be equal to the amount received in the prior fiscal year increased by the inflation adjustment pursuant to subdivision (a) of section 58773.
NOTE
Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code.
HISTORY
1. New section filed 5-29-91 and submitted to OAL 6-3-91 for printing only pursuant to Education Code section 70901.5; operative 6-30-91 (Register 91, No. 28).
Article 8. Allocation Process
§58770. State Apportionment Procedure.
Note • History
(a)(1) Except as provided in subdivisions (2) or (3), the fiscal year revenues for each community college district shall be the noncredit base revenues associated with the funded FTES specified in subdivision (c) of section 58771, plus the credit base revenues associated with the funded FTES specified in subdivision (b) of section 58771, plus the career development and college preparation noncredit base revenues associated with the funded FTES specified in subdivision (d) of section 58771, plus the basic allocation base revenues as defined in subdivisions (e) and (i) of section 58771, plus the inflation adjustments specified in section 58773, plus the workload adjustments specified in section 58774, plus the budget stability adjustment specified in section 58776.
(2) If the sum of the local property tax and fee revenues as defined in subdivision (b) equals or exceeds a district's fiscal year revenue as calculated pursuant to subdivision (1) above, then the fiscal year revenue for that district shall be the sum of the property tax and fee revenues pursuant to subdivision (b) rather than the figure calculated pursuant to subdivision (1). If, in the subsequent year, the sum of the local property tax and fee revenues as defined in subdivision (b) equals or is less than the district's fiscal year revenue as calculated pursuant to subdivision (1) above, then the base revenue for that fiscal year for that district shall be equal to the district's prior year total computational revenue.
(3) If a district's revenue for the 2006-07 fiscal year is based on the program-based funding principles authorized by former Education Code section 84750, as provided for by paragraph (9) of subdivision (d) of Education Code section 84750.5, then the revenue for that district for subsequent fiscal years shall be the higher of:
(A) its prior year total computational revenue, plus the inflation adjustments specified in section 58773, plus the workload adjustments specified in section 58774, plus the budget stability adjustment specified in section 58776; or
(B) the figure calculated pursuant to paragraph (1) of this subdivision. Beginning with the fiscal year for which the higher amount for a district is the figure calculated pursuant to paragraph (1), for each fiscal year thereafter the district's fiscal year revenue shall be calculated pursuant to paragraph (1).
(b) For each community college district, the Chancellor shall subtract from the revenues determined pursuant to subdivision (a), the local property tax revenue specified by law for general operating support, exclusive of bond interest and redemption, timber yield tax revenue pursuant to section 38905.1 of the Revenue and Taxation Code, and 98 percent of the fee revenues required to be collected pursuant to Education Code section 76300. The remainder shall be the state general apportionment for each district.
(c) The Chancellor shall adjust the amount determined pursuant to subdivision (b) and the corresponding FTES associated with that adjustment to provide for prior year adjustments required pursuant to sections 51102, 58134, 59112 et seq. or other provisions of this division authorizing subsequent adjustment of a district's apportionment.
(d) Warrants shall be drawn on the State Treasury by the Controller in favor of the treasurer of each county for the allocations certified by the Chancellor in accordance with the following schedule, as adjusted by the Chancellor in accordance with the provisions of subdivision (e):
(1) Eight percent of district eligibility shall be allocated in July.
(2) Eight percent of district eligibility shall be allocated in August.
(3) Twelve percent of district eligibility shall be allocated in September.
(4) Ten percent of district eligibility shall be allocated in October.
(5) Nine percent of district eligibility shall be allocated in November.
(6) Five percent of district eligibility shall be allocated in December.
(7) Eight percent of district eligibility shall be allocated in January.
(8) The remaining percent of district eligibility shall be allocated in the months for February through June on a schedule as certified by the Chancellor.
(e) The Chancellor may, upon the demonstrated need of any community college district for increased levels of allocations of state funds in any month based on district expenditure patterns and cash flow needs, adjust the allocations provided in subdivision (d), provided that the total of the allocations to be made between July 1 and February 1 shall not exceed 70 percent. The Chancellor may also revise the levels of allocation on a system-wide basis to accommodate legislated deferrals of the system's appropriated apportionment not included in subdivision (d).
(f) The Chancellor, at the request of a governing board of a community college district, and when necessary to maintain the secure deposit and prudent investment of district funds, may direct the Controller to draw warrants in favor of the Local Agency Investment Fund within the State Treasury in lieu of drawing warrants in favor of the county treasurer of the county in which the district resides. The governing board shall certify, and the Chancellor shall find, that the revenues being apportioned are not required for immediate needs.
NOTE
Authority cited: Sections 66700, 70901, 84500 and 84750.5, Education Code. Reference: Sections 70901, 76300 and 84500, Education Code.
HISTORY
1. New section filed 5-29-91 and submitted to OAL 6-3-91 for printing only pursuant to Education Code section 70901.5; operative 6-30-91 (Register 91, No. 28).
2. Amendment of section, new subsection (f), and amendment of Note filed 1-23-95 as an emergency; operative 1-23-95. Submitted to OAL for printing only. A Certificate of Compliance must be transmitted to OAL 5-23-95 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (b) filed 6-30-95; operative 8-30-95. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 95, No. 30).
4. Amendment of subsections (a)-(c) and (e) and amendment of Note filed 1-17-2007; operative 1-17-2007. Submitted to OAL for printing purposes only pursuant to Education Code section 70901.5 (Register 2007, No. 9).
5. Redesignation and amendment of subsection (a) as subsection (a)(1) and new subsections (a)(2)-(a)(2)(B) filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
6. Amendment of subsections (a)(1) and (c) filed 6-13-2008; operative 7-13-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 25).
§58771. Base Fiscal Year Revenues.
Note • History
(a) The base revenues for each community college district shall be the sum of the revenues received for the preceding fiscal year in accordance with section 58770 (including any subsequent adjustments pursuant to subdivision (c) thereof), exclusive of section 58776, plus any unfunded shortage in revenues identified pursuant to the provisions of sections 58772 and 58779, less any adjustment for declining FTES pursuant to section 58774 in the preceding fiscal year.
(b) Base credit FTES shall be the funded FTES of the prior fiscal year.
(c) Base noncredit FTES shall be the funded noncredit FTES of the prior fiscal year.
(d) Base career development and college preparation noncredit FTES shall be the funded career development and college preparation noncredit FTES of the prior fiscal year. The 2006-07 fiscal year begins with a base of zero FTES.
(e) Base basic allocation level shall be contingent upon the status of the college, center and FTES criteria pursuant to subdivision (i) of this section.
(f) The noncredit base revenue for each community college district shall be equal to the units of base noncredit FTES determined pursuant to subdivision (c), multiplied by the base rate of $2,479.23; in subsequent years the base rate shall be the prior year base rate plus an inflation adjustment pursuant to section 58773. The 2006-07 marginal rate for noncredit FTES after the inflation adjustment is $2,626.00.
(g) The credit base revenue for each community college district shall be equal to the units of base credit FTES determined pursuant to subdivision (b), multiplied by the base rate of $4,122.92 in the 2006-07 fiscal year; in subsequent years the base rate shall be the prior year base rate plus an inflation adjustment pursuant to section 58773(b). The 2006-07 marginal rate for credit FTES after the inflation adjustment is $4,367.00.
(h) The career development and college preparation noncredit base revenue for each community college district shall be equal to the units of base career development and college preparation noncredit FTES determined pursuant to subdivision (d) multiplied by the base funding rate for that year. In subsequent years the base rate shall be the prior year base rate plus an inflation adjustment pursuant to section 58773. In 2006-07, the marginal rate will be $3,092.00 if the $30 million provided for this category of FTES is adequate to fully fund all qualifying FTES.
(i) The basic allocation base revenue for each community college district shall be contingent upon the number and size of colleges and educational centers, as those terms are defined in section 55180 and this section. The annual basic allocation base rates for fiscal year 2006-07 shall be the basic allocation rates shown below. The basic allocation base rate for subsequent years will be the 2006-07 base rate plus any inflation adjustments applied in intervening years. Apportionment allocations for the basic allocation base revenues and base rates are based on the prior year's FTES as reported on the final attendance report. The unadjusted basic allocation base rates, before any inflation adjustment for 2006-07, shall be:
(1) Single college districts: $5,000,000 per single college district with FTES equal to or greater than 20,000.
(2) Single college districts: $4,000,000 per single college district with FTES equal to or greater than 10,000 FTES but less than 20,000 FTES.
(3) Single college districts: $3,000,000 per single college district with less than 10,000 FTES.
(4) Multi-college districts: $4,000,000 per college with FTES equal to or greater than 20,000 FTES; $3,500,000 per college with FTES equal to or greater than 10,000 FTES but less than 20,000 FTES; and $3,000,000 per college with less than 10,000 FTES.
(5) Educational centers: $1,000,000 for each center described in subdivision (b)(1) of section 55180 and reporting 1,000 or more FTES. A district is not eligible for the basic allocation revenue provided by this subdivision associated with an educational center that is approved by the Board of Governors on or after May 1, 2008, unless and until the Chancellor determines that the center reported at least 1,000 FTES on the district's most recent final attendance report.
(6) Grandparented centers described in subdivision (b)(2) of section 55180: amounts as specified below for 2006-07 plus inflation adjustments to be applied to calculate the entitlement for subsequent years.
(A) Greater than or equal to 1,000 FTES: $1,000,000
(B) Greater than or equal to 750 FTES but less than
1,000 FTES: $750,000
(C) Greater than or equal to 500 FTES but less than
750 FTES: $500,000
(D) Greater than or equal to 250 FTES but less than
500 FTES: $250,000
(E) Greater than or equal to 100 FTES but less than
250 FTES: $125,000
(7) For grandparented centers described in subdivision (b)(2) of section 55180, the amount of certified FTES used to calculate the center's 2006-07 entitlement shall not be increased until the center in question is approved as an educational center pursuant to article 4 of subchapter 2 of chapter 6 (commencing with section 55180) but may be decreased in accordance with the provisions of paragraph (8) below. The provisions of paragraphs (10) and (11) of this subdivision shall not apply to a grandparented center pursuant to paragraph (6) above until it is approved as an educational center pursuant to article 4 of subchapter 2 of chapter 6 (commencing with section 55180).
(8) Beginning with fiscal year 2005-06, districts shall report FTES for each college and educational center in accordance with guidance from the Chancellor's Office. These FTES will be used to calculate the amount of basic allocation earned by each district. If an educational center does not serve at least an amount of FTES sufficient to continue at the same basic allocation funding level, the unadjusted basic allocation amount will be recalculated consistent with the FTES level served. If the recalculation results in a lower funding amount, the reduction will not occur until the third year after the initial recalculation that resulted in the lower calculated funding amount. If the educational center increases the level of FTES served in years subsequent to the reduction in its basic allocation amount, the Chancellor shall recalculate the basic allocation amount using the larger FTES level, but in no case will the basic allocation be recalculated using a level of FTES that exceeds the FTES amount from its initial center certification.
(9) The Chancellor may authorize extraordinary basic allocation base revenue pursuant to this section to a partner district under Education Code section 74292.
(10) Other than as provided in paragraphs (7) and (11), the amount of FTES served by each college and center as reported on the 2005-06 final attendance report shall be used to calculate the minimum unadjusted basic allocation amount for the initial 2006-07 fiscal year of the apportionment and the following two years.
(11) Other than as provided in paragraph (7), if a new college or center is established, or if the FTES from an existing college or center increases to a level that warrants an adjustment of the district's previous basic allocation base amount, the basic allocation adjustment shall be included in the fiscal year following the approval or increase in size occurs.
(12) Single college districts that reported credit attendance at less than or equal to 5,000 FTES for the 2005-06 final attendance report that are serving areas of the state with less than 217 people per square mile are eligible for a base allocation adjustment of $500,000 to the initial base allocation amount.
(13) Changes to basic allocation funding pursuant to paragraph (11) of this subdivision shall come from the same funding sources as the base funding pursuant to section 58772.
(14) FTES produced from distance education courses or courses taught at a physical location other than a college or a center shall be credited to the base allocation of the college or center from which they were reported for the first principal apportionment of the 2006-07 fiscal year. Subsequent to the first principal apportionment of the 2006-07 fiscal year, any new FTES produced from a distance education course or courses taught at a physical location other than a college or center shall be credited to the base allocation of the college or center where they were initially reported. The intent of this section is to specify that FTES may not be moved among colleges after they have been initially reported so as to increase the base allocation of a college.
(15) In the event that a college or center is closed, the FTES produced from a distance education course or courses taught at a physical location other than a college or center and reported from that college or center shall be credited to another college or center in the same district, to the extent that such additional FTES is produced at the recipient college or center. The FTES may not be credited to a subsequent college or center in the district at a later date unless the original recipient college or center is also closed. The intent of this section is that FTES may not be moved among colleges or centers after they have been initially reported so as to increase the base allocation of a college or center.
NOTE
Authority cited: Sections 66700, 70901, 74292 and 84750.5, Education Code. Reference: Section 84750.5, Education Code.
HISTORY
1. New section filed 5-29-91 and submitted to OAL 6-3-91 for printing only pursuant to Education Code section 70901.5; operative 6-30-91 (Register 91, No. 28).
2. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Amendment of section and Note filed 1-17-2007; operative 1-17-2007. Submitted to OAL for printing purposes only pursuant to Education Code section 70901.5 (Register 2007, No. 9).
4. Amendment of section and Note filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
5. Amendment filed 6-13-2008; operative 7-13-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 25).
6. Amendment of subsections (i)(7) and (i)(9)-(11) filed 6-21-2011; operative 7-21-2011. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) and Government Code section 11343.8 (Register 2011, No. 25).
§58772. Base Revenue and Workload Reduction.
Note • History
Notwithstanding sections 58771 and 58779, if it is known at the time of the adoption of the State Budget Act for the current year that revenues are not sufficient to fully fund base revenues pursuant to section 58771, district base revenues shall be reduced proportionally by the ratio of the statewide total revenue available for purposes of section 58771, to the statewide total calculated amount for purposes of section 58771, and all base workload measures pursuant to section 58771, shall be reduced proportionally by the ratio of the statewide total revenue available for purposes of section 58771, to the statewide total calculated amount for purposes of sections 58771 and 58773.
NOTE
Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code.
HISTORY
1. New section filed 5-29-91 and submitted to OAL 6-3-91 for printing only pursuant to Education Code section 70901.5; operative 6-30-91 (Register 91, No. 28).
2. Editorial correction (Register 95, No. 23).
§58773. Inflation Adjustments.
Note • History
(a) Inflation adjustments shall be made using any inflationary adjustment provided in the annual Budget Act.
(b) The noncredit base inflation adjustment for each community college district shall be the product of the following:
(1) The noncredit base revenue computed pursuant to subdivision (f) of section 58771.
(2) The quotient of the inflation adjustment determined pursuant to subdivision (a), divided by 100.
(c) The credit base inflation adjustment for each community college district shall be the product of the following:
(1) The credit base revenue computed pursuant to subdivision (g) of section 58771.
(2) The quotient of the inflation adjustment determined pursuant to subdivision (a), divided by 100.
(d) The career development and college preparation noncredit base inflation adjustment for each community college district shall be the product of the following:
(1) The career development and college preparation noncredit base revenue computed pursuant to subdivision (h) of section 58771.
(2) The quotient of the inflation adjustment determined pursuant to subdivision (a), divided by 100.
(e) The basic allocation base inflation adjustment for each community college district shall be the product of the following:
(1) The basic allocation base revenue computed pursuant to subdivision (i) of section 58771.
(2) The quotient of the inflation adjustment determined pursuant to subdivision (a), divided by 100.
NOTE
Authority cited: Sections 66700, 70901 and 84750.5, Education Code. Reference: Section 84750.5, Education Code.
HISTORY
1. New section filed 5-29-91 and submitted to OAL 6-3-91 for printing only pursuant to Education Code section 70901.5; operative 6-30-91 (Register 91, No. 28).
2. Amendment of subsection (a), repealer of subsection (c)(3), new subsections (d)-(e)(2) and amendment of Note filed 1-17-2007; operative 1-17-2007. Submitted to OAL for printing purposes only pursuant to Education Code section 70901.5 (Register 2007, No. 9).
Note • History
(a) District growth rates for the 2006-07, 2007-08 and the 2008-09 fiscal years shall be determined based upon the regulations and processes in effect as of September 30, 2006, except that by August 31, 2008, the Chancellor shall notify districts of revised growth rates which are adjusted proportionately to reflect the amount of growth funding provided in the 2008-09 Budget Act.
(b) Commencing with the 2009-10 fiscal year, district “growth rates” shall be determined by the Chancellor based on, at a minimum, the sum of the following factors:
(1) Determination of an equally weighted average rate of change in the primary county population of persons between the ages of 19 and 24 and the rate of change in the primary county population of persons between the ages of 25 and 65, both as determined by the Department of Finance's Demographic Research Unit as determined for the preceding fiscal year.
(2) To the extent a college district's primary county unemployment rate exceeds 5 percent for the most recently completed year, an adjustment based on that positive difference shall be added to the rate computed in paragraph (1). In no event shall that positive difference used in calculating this adjustment exceed 2 percent.
(3) The Chancellor may also add to these amounts the number of FTES in the areas of transfer, career technical education, and basic skills that were unfunded in the current fiscal year. For this purpose, the following computation shall be determined for each district, and a statewide total shall be calculated:
(A) Establish the base level of FTES earned in the prior fiscal year for transfer courses consisting of courses meeting the California State University breadth or Intersegmental General Education Transfer Curriculum requirements or major course prerequisites accepted by the University of California or the California State University.
(B) Establish the base level of FTES earned in the prior fiscal year for career technical education courses consisting of courses defined by the Chancellor's office Student Accountability Model codes A and B that are consistent with the courses used for measuring success in this program area under the accountability system established pursuant to Education Code section 84754.5.
(C) Establish the base level of FTES in the prior fiscal year for basic skills courses, both credit and noncredit.
(D) Add the sum of FTES for paragraphs (A) to (C), inclusive.
(E) Multiply the result of the calculation made under paragraph (D) by one plus the district's funded growth rate in the current fiscal year. This figure shall represent the maintenance of effort level for the budget year.
(F) FTES in transfer, career technical education, and basic skills that are in excess of the total calculated pursuant to paragraph (E), shall be considered in excess of the maintenance of effort level, and shall be eligible for overcap growth funding if the district exceeds its overall funded FTES.
(G) In no event shall the amount calculated pursuant to paragraph (F) exceed the total unfunded FTES for that fiscal year.
(c) Each district shall receive a minimum growth allocation of 1% or a rate which will provide at least 100 total FTES. Preliminary growth rates for a fiscal year shall be calculated and made available to the districts as early as possible during the preceding fiscal year. Preliminary growth rates are subject to change.
(d) To the extent the computations specified in this section require the reporting of additional data by community college districts, that reporting shall be a condition of the receipt of apportionment for growth pursuant to this section and those funds shall be available to offset any and all costs of providing the data.
(e) District growth rates are used to determine growth revenue caps when funding required to meet all FTES increases in the system exceeds the growth appropriation in the annual Budget Act. The district's total revenue growth cap is the sum of the revenue caps for all the district's FTES workload measures. A district's growth revenue cap is calculated by multiplying the marginal growth funding rates for its credit, noncredit, and career development and college preparation FTES by the product of a district's growth rate determined annually pursuant to subdivisions (b) and (c), multiplied by the appropriate base FTES for that funding rate. A district's growth revenue cap for credit FTES, noncredit FTES, and career development and college preparation FTES to the extent funds are available to fully fund increases in these workload measures shall be the sum of the following:
(1) Credit FTES -- The product of the current year's marginal credit funding rate multiplied by the growth rate determined pursuant to subdivisions (b) and (c), times the number of base credit FTES.
(2) Noncredit FTES -- The product of the current year's marginal noncredit funding rate multiplied by the growth rate determined pursuant to subdivisions (b) and (c), times the number of base noncredit FTES.
(3) Career development and college preparation noncredit FTES -- The product of the current year's marginal career development and college preparation noncredit funding rate multiplied by the growth rate determined pursuant to subdivisions (b) and (c), times the number of base career development and college preparation noncredit FTES.
(f) Growth revenue shall be computed for districts that have fully restored revenue and FTES lost in the prior three fiscal years due to workload declines in those years. An actual growth revenue computation for credit FTES, noncredit FTES, and career development and college preparation noncredit FTES shall be the sum of the following:
(1) Credit FTES -- The product of the current year's marginal credit funding rate times the net change in credit FTES reported in the current year relative to the district's base credit FTES for that year and net of any credit FTES restoration.
(2) Noncredit FTES -- The product of the current year marginal noncredit funding rate times the net change in noncredit FTES reported in the current year relative to the district's base noncredit FTES for that year and net of any noncredit FTES restoration.
(3) Career development and college preparation noncredit FTES -- The product of the current year marginal career development and college preparation noncredit funding rate times the net change in career development and college preparation noncredit FTES reported in the current year relative to the district's base career development and college preparation noncredit FTES for that year and net of any career development and college preparation noncredit FTES restoration. If the district's career development and college preparation noncredit base is zero and the current year is the first year the district has reported career development and college preparation noncredit FTES, growth revenue shall be calculated using the regular noncredit marginal rate for that portion of career development and college preparation noncredit FTES converted from regular noncredit FTES. The funding rate differential shall be reported as a “career development and college preparation funding rate adjustment.” If total noncredit (regular and career development and college preparation noncredit) FTES is greater than the noncredit base FTES level, growth revenue for that portion of career development and college preparation noncredit in excess of the noncredit FTES base shall be calculated as the product of the career development and college preparation FTES and the career development and college preparation noncredit marginal funding rate for that portion of career development and college preparation noncredit in excess of the noncredit FTES base.
(g) If the total growth computed in subdivision (f) is less than zero, the district's base revenue for the subsequent fiscal year shall be adjusted in accordance with subdivision (h). If the amount computed in subdivision (f) is greater than zero and less than or equal to the revenue cap computed pursuant to subdivisions (b) and (c), the district revenue shall be adjusted by the amount computed pursuant to subdivision (f). If the amount computed in subdivision (f) is greater than the revenue cap computed pursuant to subdivisions (b) and (c), the district's revenue could be constrained by the revenue cap computed pursuant to subdivisions (b) and (c).
(h) A decline in FTES for any particular workload occurs when the actual funded FTES is less than the amount of the corresponding base FTES. A district receives stability revenue when its total growth revenue from all FTES measures is negative. Total growth revenue shall be the sum of all the positive and negative growth revenue for all FTES.
(i) A district shall be entitled to additional funding in its basic allocation equal to the amounts identified in subdivision (i) of section 58771 and as adjusted for inflation pursuant to section 58773 in subsequent years to the extent additional resources are provided in the annual Budget Act for any new colleges or centers added in the current fiscal year or if sufficient general apportionment base funding exists to fund new colleges and centers. Growth funds appropriated in the annual Budget Act shall be available to fund any new colleges and centers if other specific new funds are not provided in the Budget Act and there are not sufficient unallocated funds remaining in the general apportionment schedule. The intent of this section is to fund increases to the system's basic allocation before funding FTES growth as identified in subdivisions (e), (f) and (g) above.
(j) This section shall become inoperative on April 30, 2009.
NOTE
Authority cited: Sections 66700, 70901 and 84750.5, Education Code. Reference: Section 84750.5, Education Code.
HISTORY
1. New section filed 5-29-91 and submitted to OAL 6-3-91 for printing only pursuant to Education Code section 70901.5; operative 6-30-91 (Register 91, No. 28).
2. Amendment of section and Note filed 1-17-2007; operative 1-17-2007. Submitted to OAL for printing purposes only pursuant to Education Code section 70901.5 (Register 2007, No. 9).
3. Editorial correction of subsection (f) (Register 2007, No. 25).
4. Amendment filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
5. Amendment of subsections (a)-(b), (b)(2)-(3), (b)(3)(B), (b)(3)(F), (f)(3) and (j) filed 6-13-2008; operative 7-13-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 25).
§58774.5. Funding Rate Increases for Annexations.
Note • History
The Chancellor may increase the funding rates utilized in Subdivisions (b) and (c) of Section 58774 for a college or district for increases in workload related to the annexation of rural nondistrict territory approved by the Board of Governors in accordance with Education Code Section 74205. Increases in funding rates shall be determined at the time of the approval of the annexation by the Board of Governors.
NOTE
Authority cited: Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code.
HISTORY
1. New section filed 11-6-97; operative 12-6-97. Submitted to OAL for printing only (Register 97, No. 46).
§58775. Program Improvement. [Repealed]
Note • History
NOTE
Authority cited; Sections 66700, 70901 and 84750, Education Code. Reference: Section 84750, Education Code.
HISTORY
1. New section filed 5-29-91 and submitted to OAL 6-3-91 for printing only pursuant to Education Code section 70901.5; operative 6-30-91 (Register 91, No. 28).
2. Repealer filed 1-17-2007; operative 1-17-2007. Submitted to OAL for printing purposes only pursuant to Education Code section 70901.5 (Register 2007, No. 9).
Note • History
Districts shall receive stability funding only in the initial year of decline in FTES in an amount equaling the revenue loss associated with the FTES reduction for that year. Declines in college FTES that result in a reduction of calculated basic allocation will not cause a reduction in basic allocation base revenue until the third year after the year of the FTES decline, and the basic allocation will not be reduced if the FTES is restored back to or above the pre-decline base.
NOTE
Authority cited: Sections 66700, 70901 and 84570.5, Education Code. Reference: Section 84750.5, Education Code.
HISTORY
1. New section filed 5-29-91 and submitted to OAL 6-3-91 for printing only pursuant to Education Code section 70901.5; operative 6-30-91 (Register 91, No. 28).
2. Amendment filed 11-6-97; operative 12-6-97. Submitted to OAL for printing only (Register 97, No. 46).
3. Amendment of section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
4. Amendment of section and Note filed 1-17-2007; operative 1-17-2007. Submitted to OAL for printing purposes only pursuant to Education Code section 70901.5 (Register 2007, No. 9).
5. Amendment filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Note • History
(a) Districts shall be entitled to restore any reductions in apportionment revenue due to declines in FTES during the three years following the initial year of decline in credit, noncredit, or career development and college preparation FTES if there is a subsequent increase in FTES.
(b) Restoration of revenue for declining workload and the inflation adjustments made between the year of decline and the year of restoration shall be made at the district's current marginal growth funding rate.
NOTE
Authority cited: Sections 66700, 70901 and 84750.5, Education Code. Reference: Section 84750.5, Education Code.
HISTORY
1. New section filed 5-29-91 and submitted to OAL 6-3-91 for printing only pursuant to Education Code section 70901.5; operative 6-30-91 (Register 91, No. 28).
2. Editorial correction of Authority cite (Register 95, No. 29).
3. Amendment of section and Note filed 1-17-2007; operative 1-17-2007. Submitted to OAL for printing purposes only pursuant to Education Code section 70901.5 (Register 2007, No. 9).
4. Amendment filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
Note • History
In the event that State General Fund appropriations, local property tax revenues, student enrollment fees, and other local tax revenues allocated to community college districts for general operating support, are less than the amounts computed for all districts for the fiscal year pursuant to subdivision (a) of section 58770, the Chancellor shall apportion state aid by multiplying the amount computed for each district pursuant to subdivision (a) of section 58770, by the ratio of the statewide total revenue available for purposes of subdivision (a) of section 58770, to the statewide total calculated amount for purposes of subdivision (a) of section 58770.
NOTE
Authority cited: Sections 66700, 70901 and 84750.5, Education Code. Reference: Section 84750.5, Education Code.
HISTORY
1. New section filed 5-29-91 and submitted to OAL for printing only pursuant to Education Code section 70901.5; operative 6-30-91 (Register 91, No. 28).
2. Amendment of Note filed 1-17-2007; operative 1-17-2007. Submitted to OAL for printing purposes only pursuant to Education Code section 70901.5 (Register 2007, No. 9).
Article 9. Reporting Procedures [Repealed]
HISTORY
1. Repealer of article 9 (sections 58780-58785) filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
Chapter 10. Community College Administration
Subchapter 1. Warrants [Repealed]
NOTE
Authority cited: Section 71020, Education Code. Reference: Chapter 797, Statutes of 1979.
HISTORY
1. New Division 10, Chapter 1 (Sections 59000-59004) filed 3-5-76; effective thirtieth day thereafter (Register 76, No. 10).
2. Amendment of NOTE filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
3. Repealer of Chapter 1 (Sections 59000-59004) filed 11-15-79; effective thirtieth day thereafter (Register 79, No. 46).
Subchapter 2. Community College Budget and Accounting Manual
Note • History
(a) The Board of Governors hereby adopts and incorporates by reference, into this provision of the California Code of Regulations, the California Community Colleges Budget and Accounting Manual chapters 2 through 5 as revised September 1999. This section shall become operative July 1, 2000.
(b) Revisions made to the Budget and Accounting Manual after July 1, 2000 shall be considered incorporated by reference into this provision when they have been adopted by the Board.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 4-19-2000; operative 4-10-2000. Submitted to OAL for printing only (Register 2000, No. 16). For prior history see Register 94, No. 38.
2. Amendment of section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§59011. Method of Accounting. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901 and 71024, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 8-19-92; operative 9-18-92 (Register 92, No. 34).
2. Amendment filed 4-19-2000; operative 4-10-2000. Submitted to OAL for printing only (Register 2000, No. 16).
3. Repealer filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
Food served in community college district cafeterias shall be sold to the patrons of the cafeterias at such a price as will pay the cost of maintaining the cafeterias, exclusive of the costs made a charge against the funds of the community college district by resolution of the governing board.
The disposition and accounting of revenue and expenditures of the cafeteria shall be as prescribed by the California Community Colleges Budget and Accounting Manual.
NOTE
Authority cited: Section 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 29).
§59015. Audit of Scholarship Funds; Administrative Expenses.
Note • History
Where the governing board of a district has established and maintains a fund for scholarships and loans, as designated by the California Community Colleges Budget and Accounting Manual, the governing board shall arrange for an annual audit of the fund in the manner prescribed in Section 84040 of the Education Code and Board of Governors regulations. All expenses in the administration of the fund, including, but not limited to, audits, operating costs, and promotion of the fund, shall be a proper charge against the funds of the district, and the annual budget of the district shall include funds for these expenses.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 84040, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
3. Editorial correction of History 1 (Register 95, No. 29).
§59016. Special Fund or Account in County Treasury: Gift or Bequest for Special Purpose; Rules and Regulations by Governing Board.
Note • History
(a) Any gift or bequest of money which is to be invested pursuant to this article shall be placed in a fund as designated by the California Community Colleges Budget and Accounting Manual in the county treasury. If the gift or bequest of money is required to be used for specific purposes according to the terms of the gift or bequest, the governing board shall place the money in a separate account by the name that it shall be known, including in its name the term trust account.
(b) The money deposited in a separate account in the designated fund shall be invested pursuant to this article or expended only for the purposes of the gift or bequest.
(c) The governing board shall adopt rules and regulations to effectuate the purposes of this article, not inconsistent with law.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 29).
Subchapter 2.5. Retention and Destruction of Records
Article 1. General Provisions
§59020. Definition of Records.
Note • History
(a) For purposes of this subchapter, “records” means all records, maps, books, papers, data processing output, and electronic documents that a Community College district is required by law to prepare or retain by law or official duty. “Records” includes “student records” as defined in section 76210 of the Education Code.
(b) The following documents are not “records” and may be destroyed at any time:
(1) Additional copies of documents beyond the original or one copy. (A person receiving a duplicated copy need not retain it.)
(2) Correspondence between district employees that does not pertain to personnel matters or constitute a student record.
(3) Advertisements and other sales material received.
(4) Textbooks used for instruction, and other instructional materials, including library books, pamphlets and magazines.
NOTE
Authority cited: Sections 66700, 70901 and 76220, Education Code. Reference: Sections 76210 and 76220, Education Code.
HISTORY
1. New chapter 2.5 (sections 59020-59029) filed 10-8-76; effective thirtieth day thereafter (Register 76, No. 41).
2. Amendment of section and NOTE filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
3. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
4. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
5. Editorial correction of History 4 (Register 95, No. 29).
6. Amendment of section and Note filed 10-10-2001; operative 11-9-2001. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2001, No. 41).
7. Change without regulatory effect amending subsection (a) filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
The provisions of this chapter apply only in the event that the destruction or retention of records by the district is not otherwise authorized or provided for by law.
NOTE
Authority cited: Sections 66700, 70901 and 76220, Education Code. Reference: Section 76220, Education Code.
HISTORY
1. New NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 29).
§59022. Classification of Records.
Note • History
(a) The governing board of each Community College district shall establish an annual procedure by which the chief executive officer, or other designee shall review documents and papers received or produced during the prior academic year and classify them as Class 1-Permanent, Class 2-Optional, or Class 3-Disposable.
(b) All records not classified prior to July 1, 1976, are subject to the same review and classification as in (a). If such records are three or more years old and classified as Class 3-Disposable, they may be destroyed without further delay, but in accordance with article 3.
(c) Records originating during a current academic year shall not be classified during that year.
(d) Records of a continuing nature, i.e., active and useful for administrative, legal, fiscal, or other purposes over a period of years, shall not be classified until such usefulness has ceased.
(e) Whenever an original Class 1-Permanent record is photographed, microphotographed, or otherwise reproduced on film or electronically, the copy thus made is hereby classified as Class 1-Permanent. The original record, unless classified as Class 2-Optional, may be classified as Class 3-Disposable, and may then be destroyed in accordance with this chapter if the following conditions have been met:
(1) The reproduction was accurate in detail.
(2) The chief executive officer, or other designee, has attached to or incorporated in the copy or system a signed and dated certification of compliance with the provisions of section 1531 of the Evidence Code, stating in substance that the copy is a correct copy of the original, or a specified part thereof, as the case may be.
(3) The copy was placed in an accessible location and provision was made for preserving permanently, examining and using same.
(4) In addition, if the record is photographed or microfilmed, the reproduction must be on film of a type approved for permanent, photographic records by the United States Bureau of Standards.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66700 and 70901, Education Code; and Section 1531, Evidence Code.
HISTORY
1. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 29).
4. Amendment of subsections (e)-(e)(3), new subsection (e)(4) and amendment of Note filed 10-10-2001; operative 11-9-2001. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2001, No. 41).
Article 2. Period of Retention
§59023. Class 1-Permanent Records.
Note • History
The original of each of the records listed in this Section, or one exact copy thereof when the original is required by law to be filed with another agency, is a Class 1-Permanent record and shall be retained indefinitely, unless copied or reproduced in accordance with Subsection (e) of Section 59022.
(a) The following annual reports:
(1) official budget;
(2) financial report of all funds, including cafeteria and student body funds;
(3) audit of all funds;
(4) full-time equivalent student, including Period 1 and Period 2 reports; and
(5) other major annual reports, including:
(A) those containing information relating to property, activities, financial condition, or transactions; and
(B) those declared by board minutes to be permanent.
(b) The following official actions:
(1) minutes of the board or committees thereof, including the text of a rule, regulation, policy, or resolution not set forth verbatim in minutes but included therein by reference only;
(2) elections, including the call, if any, for and the result (but not including detail documents, such as ballots) of an election called, conducted or canvassed by the governing board for a board member, the board member's recall, issuance of bonds, incurring any long-term liability, change in maximum tax rates, reorganization, or any other purpose; and
(3) records transmitted by another agency that pertain to that agency's action with respect to district reorganization.
(c) The following personnel records of employees. All detail records relating to employment, assignment, employee evaluations, amounts and dates of service rendered, termination or dismissal of an employee in any position, sick leave record, rate of compensation, salaries or wages paid, deductions or withholdings made and the person or agency to whom such amounts were paid. In lieu of the detail records, a complete proven summary payroll record for every employee of the school district containing the same data may be classified as Class 1-Permanent, and the detail records may then be classified as Class 3-Disposable.
(d) The following student records:
(1) the records of enrollment and scholarship for each student. Such records of enrollment and scholarship may include but need not be limited to:
(A) name of student;
(B) date of birth;
(C) place of birth;
(D) name and address of a parent having custody or a guardian, if the student is a minor;
(E) entering and leaving date for each academic year and for any summer session or other extra session;
(F) subjects taken during each year, half year, summer session or quarter; and
(G) if grades or credits are given, the grades and number of credits toward graduation allowed for work taken.
(2) All records pertaining to any accident or injury involving a student for which a claim for damages has been filed as required by law, including any policy of liability insurance relating thereto, except that these records cease to be Class 1-Permanent records, one year after the claim has been settled or after the applicable statute of limitations has run.
(e) Property Records. All detail records relating to land, buildings, and equipment. In lieu of such detail records, a complete property ledger may be classified as Class 1-Permanent, and the detail records may then be classified as Class 3-Disposable, if the property ledger includes:
(1) all fixed assets;
(2) an equipment inventory; and
(3) for each unit of property, the date of acquisition or augmentation, the person from whom acquired, an adequate description or identification, and the amount paid, and comparable data if the unit is disposed of by sale, loss, or otherwise.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
4. Editorial correction of History 2 (Register 95, No. 29).
5. Amendment of first paragraph filed 10-10-2001; operative 11-9-2001. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2001, No. 41).
§59024. Class 2-Optional Records.
Note • History
Any record worthy of further preservation but not classified as Class 1-Permanent may be classified as Class 2-Optional and shall then be retained until reclassified as Class 3-Disposable. If the chief executive officer, or other designee, determines that classification should not be made by the time specified in section 59022, all records of the prior year may be classified as Class 2-Optional, pending further review and classification within one year.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 29).
§59025. Class 3-Disposable Records.
Note • History
All records, other than Continuing Records, not classified as Class 1-Permanent or Class 2-Optional, shall be classified as Class 3-Disposable, including, but not limited to, detail records relating to:
(a) records basic to audit, including those relating to attendance, full-time equivalent student, or a business or financial transaction (purchase orders, invoices, warrants, ledger sheets, canceled checks and stubs, student body and cafeteria fund records, etc.), and detail records used in the preparation of any other report; and
(b) periodic reports, such as daily, weekly, and monthly reports, bulletins, and instructions.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Amendment of subsections (a)-(b) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
4. Editorial correction of History 2 (Register 95, No. 29).
Note • History
(a) Generally, a Class 3-Disposable record, unless otherwise specified in this Subchapter, should be destroyed during the third college year after the college year in which it originated (e.g., 1993-94 plus 3 = 1996-97). Federal programs, including various student aid programs, may require longer retention periods and such program requirements shall take precedence over the requirements contained herein.
(b) With respect to records basic to an audit, a Class 3-Disposable record shall not be destroyed until after the third July 1 succeeding the completion of the audit required by Education Code Section 84040 or of any other legally required audit, or that period specified by Section 59118, or after the ending date of any retention period required by any agency other than the State of California, whichever date is later.
(c) With respect to continuing records, a continuing record shall not be destroyed until the third year after it has been classified as Class 3- Disposable.
NOTE
Authority cited: Sections 66700, 70901, 71020.5 and 84500, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. Amendment filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
2. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
3. Amendment of subsection (b) filed 3-7-85; effective thirtieth day thereafter (Register 85, No. 10).
4. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
5. Editorial correction of printing error in subsection (a) (Register 91, No. 43).
6. Amendment filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
7. Amendment of subsection (a) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
8. Editorial correction of History 4 (Register 95, No. 29).
Article 3. Procedures for Destruction
§59027. Chief Administrative Officer Actions.
Note • History
(a) The chief administrative officer, or the designee of that officer, shall:
(1) Personally supervise the classification of records.
(2) Mark each file or other container as to classification and the school year in which the records originated. If the records are classified as Class 3-Disposable, the chief administrative officer shall also mark the school year in which such records are to be destroyed.
(3) Supervise the destruction of records.
(b) The chief administrative officer or designee shall submit to the governing board a list of records recommended for destruction, and shall certify that no records are included in the list in conflict with these regulations.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 29).
Note • History
The governing board shall:
(a) Approve or disapprove the recommendation of its designee.
(b) Order a reclassification when necessary or desirable.
(c) Order by action recorded in the minutes (with lists attached) the destruction of records in accordance with these regulations.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 29).
§59029. Manner of Destruction.
Note • History
Upon the order of the governing board that specified records shall be destroyed, such records shall be permanently destroyed by such foolproof methods as shredding, burning, or pulping; and such destruction shall be supervised by the chief executive officer or other designee.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New NOTE filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 29).
§59030. Certification as to Content of Records Destroyed by Calamity.
Note • History
Whenever in any college year the community college register of any instructor, or other records of any district are destroyed by conflagration or public calamity, preventing the instructor and college officers from making their annual reports in the usual manner and with accuracy, affidavits of the instructor, the president, or other officers of the district, certifying as to the contents of the destroyed register or other records, shall be accepted by all college authorities for all purposes pertaining to the district, except that of calculations of full-time equivalent students (FTES).
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of printing error (Register 91, No. 43).
3. Amendment filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
4. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
5. Editorial correction of History 1 (Register 95, No. 29).
§59031. Full-time Equivalent Student Records Where Area Hit by Calamity.
Note • History
Whenever the full-time equivalent student of a community college district has been materially affected in any college year by conflagration, public calamity, or epidemic of unusual duration and prevalence, the regular annual reports of the instructor, the president, or officers of the district, shall be accepted by all college officers for all matters pertaining to the district, except that of full-time equivalent student.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment of section and Note filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Editorial correction of History 1 (Register 95, No. 29).
§59033. Attendance Accounting For Lost or Destroyed Records.
Note • History
Whenever any attendance records have been lost or destroyed by conflagration or public calamity, attendance accounting related to such records shall be made in accordance with section 58031.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
2. Amendment filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
§59040. College Year. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Repealer filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
3. Editorial correction of History 1 (Register 95, No. 29).
§59041. Academic Year. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Repealer filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
3. Editorial correction of History 1 (Register 95, No. 29).
Subchapter 3. Audits and Reviews
§59100. General Authority of the Chancellor.
Note • History
To provide comprehensive accountability in programs where the Chancellor's Office has regulatory or supervisory responsibility, the Chancellor is authorized as needed to have audits or reviews conducted or to investigate any audit or review citing which indicates that the allocation of state moneys or applicable federal funding may have been in error, and where necessary, to require action to resolve any substantial error as provided herein.
NOTE
Authority cited: Sections 66700, 70901, 71020.5, 84040 and 84500, Education Code. Reference: Sections 71020.5, 84040, 84040.5 and 84040.6, Education Code.
HISTORY
1. New section filed 10-25-91; operative 11-24-91 (Register 92, No. 9). For prior history, see Register 82, No. 31.
§59102. Contracting For Annual Audits.
Note • History
Arrangements for annual audits for any fiscal year as required by Section 84040 of the Education Code shall be made final no later than the May 1 preceding that fiscal year.
NOTE
Authority cited: Sections 70901, 84040 and 84500, Education Code. Reference: Sections 84040, 84040.5 and 84040.6, Education Code.
HISTORY
1. New section filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
§59104. Review of Annual Audits.
Note • History
Each district governing board shall review the annual audit prescribed pursuant to Section 84040 of the Education Code at a public meeting.
NOTE
Authority cited: Sections 66700, 70901 and 70902, Education Code. Reference: Sections 70901 and 70902, Education Code.
HISTORY
1. New section filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
§59106. Annual Audit Reports Due Date.
Note • History
Not later than December 31st, an audit report for each district for the preceding fiscal year required by Section 84040 of the Education Code shall be filed with the Board of Governors, the Department of Finance and other regulatory agencies in accordance with Section 84040.5 of the Education Code. The Chancellor may issue guidelines for use by districts in complying with this section.
NOTE
Authority cited: Sections 70901 and 84040, Education Code. Reference: Sections 84040, 84040.5 and 84040.6, Education Code.
HISTORY
1. New section filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
§59108. Chancellor's Review of Audit Citings.
Note • History
(a) The Chancellor shall review the reports of audits conducted pursuant to Section 84040 of the Education Code, or any other audit or review assessing district compliance with audit responsibilities.
(b) Such review shall determine whether the audit or review reports contain citings which may warrant further investigation. Further investigation is warranted when there is a significant probability that the district has either:
(1) Failed to comply with attendance accounting standards, or
(2) Violated rules and regulations defining limitations on state support, or
(3) Failed to comply with any other standard which has been monitored by means of a compliance question devised by the Chancellor's Office or the Department of Finance.
NOTE
Authority cited: Sections 66700, 70901, 71020.5, 84040 and 84500, Education Code. Reference: Sections 84040, 84040.6 and 84500, Education Code.
HISTORY
1. New section filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
§59110. District's Right to Respond.
Note • History
Pursuant to procedures established by the Chancellor, and prior to any actions to recover funds or to mandate other corrective measures, a district shall be given the opportunity to present information which might mitigate or refute any audit citing selected by the Chancellor for further investigation.
NOTE
Authority cited: Sections 66700, 70901, 71020.5, 84040 and 84500, Education Code. Reference: Sections 84040 and 84040.6, Education Code.
HISTORY
1. New section filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
§59112. Audit Resolution Actions.
Note • History
(a) If, upon reviewing a citing, the district's response and any other available information, the Chancellor finds that there is a need for corrective action to resolve a citing, the Chancellor may require the district to do one or more of the following:
(1) Submit a corrected apportionment attendance report,
(2) Implement procedures to ensure future compliance with the rules and regulations in question, or
(3) Report periodically to the Chancellor on the status of actions taken to comply with the rules and regulations in question.
(b) If, upon reviewing a citing, the district's response and any other available information, the Chancellor finds that there is no need for corrective action to resolve the citing, the Chancellor shall so inform the district as expeditiously as possible.
NOTE
Authority cited: Sections 66700, 70901, 71020.5, 84040 and 84500, Education Code. Reference: Sections 70901 and 84040, Education Code.
HISTORY
1. New section filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
2. Amendment of subsection (a) filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§59114. Apportionment Adjustments.
Note • History
The Board of Governors shall make any adjustments necessary in future apportionments of all state funds to resolve errors identified through Chancellor audits or reviews under section 59100, and/or to correct any audit exceptions revealed by audit reports filed in accordance with section 59106 or section 84040.5 of the Education Code or by Chancellor reviews under section 59108.
NOTE
Authority cited: Sections 66700, 70901, 71020.5, 84040 and 84500, Education Code. Reference: Sections 70901, 84040 and 84040.5, Education Code.
HISTORY
1. New section filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
2. Amendment of section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§59116. Student Attendance; Accountability for Accounting and Reporting; Minor or Inadvertent Errors; Apportionment; Discrepancy.
Note • History
(a) It is the intent of the Board of Governors in adopting this section that districts shall be fully accountable for the accuracy of the accounting and reporting of student attendance and shall promptly resolve inaccuracies in attendance accounting and reporting. However, it is also the intent of the Board of Governors that any minor or inadvertent errors in a district's student attendance records shall be resolved as described below.
(b) The apportionment to a district for any fiscal year following the fiscal year in which an annual or special audit or Chancellor's review finding is made, or any fiscal year following the fiscal year for which a district declares a discrepancy subsequent to the submission of the annual or recalculation apportionment attendance report, shall not be affected by the audit, review or declaration, provided all of the following conditions are met:
(1) The district has corrected the basis for the audit or Chancellor's review finding or declaration of discrepancy to the satisfaction of the Chancellor.
(2) The district has unfunded FTES that would have otherwise been fundable in the fiscal year for which the audit or Chancellor's review finding or declaration of discrepancy was made. Any such unfunded FTES can be applied as a full or partial offset to any invalidated or lost FTES. Invalid or lost FTES not offset by unfunded FTES shall result in a negative revenue adjustment in the fiscal year in which the audit, Chancellor's review, or district declaration is resolved.
(c) Any positive adjustment to a district's apportionments resulting from the implementation of this section shall not affect prior year apportionments to other districts.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
2. Amendment of section heading and section filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§59118. Limitations on Adjustments.
Note • History
(a) The district shall be held harmless against any Chancellor review or investigation, or any regular or special audit citing not resolved as provided in section 59112, within five years of the time when the final report of the review or investigation, or the citing is first presented to the governing board. Until five years has passed after the presentation of the final report of the review or investigation or the audit citing, the district shall retain all primary and support documentation which might need to be reviewed by the Chancellor to verify any district claim for State support.
(b) The five-year period described in subdivision (a) does not apply where the Chancellor finds deliberate district misrepresentations in connection with claims for state or federal funding.
NOTE
Authority cited: Sections 66700, 70901, 71020.5, 84040 and 84500, Education Code. Reference: Sections 76220 and 84040, Education Code.
HISTORY
1. New section filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
2. Amendment filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Subchapter 4. Administration of Education Code 84362
Note • History
NOTE
Authority cited: Sections 66700, 70901 and 84362, Education Code. Reference: Section 84362, Education Code.
HISTORY
1. New chapter 4 (sections 59200-59206, not consecutive) filed 11-22-77; effective thirtieth day thereafter (Register 77, No. 48).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Repealer filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
4. Editorial correction of History 2 (Register 95, No. 29).
§59202. Delegation of Authority. [Repealed]
History
HISTORY
1. Repealer filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 29).
Note • History
For the purposes of Education Code Section 84362, the following terms shall be defined as set forth below.
(a) “Salaries of classroom instructors” as used in Education Code Section 84362 means:
(1) that portion of salaries paid for purposes of instruction of students by full-time and part-time instructors employed by the district, and
(2) all salaries paid to district classified employees who are
(A) assigned the basic title of “Instructional Aide” or other appropriate title designated by the governing board which denotes that the employees' duties include instructional tasks, and
(B) employed to assist instructors in the performance of their duties, in the supervision of students, and in the performance of instructional tasks. Instructional aides who perform instructional and noninstructional tasks shall have their salaries and benefits prorated. An employee shall be deemed to be under the supervision of an instructor for the purpose of Education Code Section 84362 if the employee performs duties under the general direction of an instructor.
In addition, salaries of classroom instructors shall include the cost of all benefits provided such instructors and instructional aides (Object of Expenditure code 3000 as defined in the California Community Colleges Budget and Accounting Manual).
(b) “Current expense of education” (CEE) shall include Object of Expenditures 1000 through 5000 for activity codes 0100 through 6700 as defined in the California Community College Budget and Accounting Manual less expenditures for activity code 64XX (Student Transportation) and less expenditures of:
(1) categorical aid received from the federal and state government requiring expenditure in a program not incurring any instructor salary expenditures;
(2) categorical aid received from the federal and state government requiring disbursement of the funds without regard to the requirement of Section 84362;
(3) funds for lease agreements for plant and equipment;
(4) funds received from the federal or state government pursuant to the “Economic Opportunity Act of 1964”;
(5) state or federal funds received for grants to community college students or for the employment of community college students; and
(6) other monies received which are restricted by an external party, law or other legal requirement.
(c) “Serious hardship” shall mean conditions under which:
(1) conformance with the 50% requirement during the year of deficiency would have resulted in the district's inability to discharge financial liabilities;
(2) the first year of infusion of new moneys resulted in the district's inability to comply with the requirements of Education Code Section 84362;
(3) unanticipated, unbudgeted, and necessary expenditures resulted in the district's inability to comply with the requirements of Education Code Section 84362; or
(4) the district has expended funds pursuant to Section 59213(f).
In viewing a district's inability to discharge financial liabilities, consideration will be given to such factors as (1) the district's general fund ending balance, less noncash assets, is less than three percent (3%) of general fund expenditures (Object of Expenditure codes 1000 through 6000) for the year application for exemption is filed, or (2) the district's credit base FTES for the year for which exemption is being sought was less than 3,001. New monies shall mean monies which are allocated for transitional program improvement pursuant to Educational Code Section 84755. To the extent that such monies are built into the district's general apportionment funding in the following years, no further consideration for serious hardship will be given.
Unanticipated, unbudgeted, and necessary expenditures shall mean certifiable expenditures that the district could not have reasonably anticipated or budgeted for, and that were necessary for the district to incur. Such expenditures may include, but are not necessarily limited to, expenditures resulting from arbitration or litigation; replacement or repair of utility services; an abnormal increase in the cost of energy, insurance, or security; or a cost increase mandated by state or federal law.
In determining the impact of the infusion of new monies, the Chancellor's Office shall determine the amount of new monies pursuant to Education Code Section 84755 which were expended for salaries of classroom instructors and for the current expense of education. Following the Chancellor's determination, the percentage shall be recalculated without the effect of the expenditure of these new monies. If the district would have complied with the requirements of Education Code Section 84362 without the expenditure of new monies, a full exemption may be granted. If the district still does not comply with the requirements of Education Code Section 84362, then a partial exemption may be granted to the degree the deficiency was increased by the expenditure of these new monies.
(d) “Attendance FTES” means the units of full-time equivalent student or equivalent accrued by the district during the fiscal year as a result of the attendance of all students as reported to the Chancellor's Office on prescribed attendance reports.
(e) “Community college districts of comparable type functioning under comparable conditions” are deemed to be any which:
(1) had met the 50% salary requirement for the year in question;
(2) had CEE per attendance FTES which is within $250 of the district seeking exemption; and
(3) had attendance FTES which is within 30% of the applicant district. If Subsections (e)(2) and (e)(3) above do not yield at least 5 districts, then Subsection (e)(2) will be expanded by $50 increments and Subsection (e)(3) will be expanded by 5% increments until at least 5 districts are determined.
(f) Payment of comparable salaries of classroom instructors will be deemed to exist when a district's expenditure for salaries of classroom instructors, divided by attendance FTES, equals or exceeds the same aggregated data for districts functioning under comparable conditions.
NOTE
Authority cited: Sections 70901 and 84362, Education Code. Reference: Section 84362, Education Code.
HISTORY
1. Amendment of subsection (a) filed 3-3-86; effective thirtieth day thereafter (Register 86, No. 10).
2. Organizational headings of CCR were renamed as a result of CCR Reformat Project as follows: “article” was renamed to “subarticle”; “chapter” was renamed to “article”; “division” was renamed to “chapter”; and “part” was renamed to “division”.
3. Amendment of subsection (c) filed 6-5-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 7-5- 90. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 90, No. 37).
4. Amendment filed 9-10-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 10-10-90 (Register 91, No. 5). Submitted to OAL for printing only pursuant to Education Code, section 70901.5(b).
5. Editorial correction filed 12-3-90 (Register 91, No. 5).
6. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
7. Editorial correction of printing error in subsection (b) (Register 91, No. 43).
8. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
9. Editorial correction of History 6 (Register 95, No. 29).
§59204.1. Supplemental Definition of “Serious Hardship” for F/Y 2009-10 through 2012-13.
Note • History
“Serious hardship” is defined in section 59204. Notwithstanding the provisions of section 59204, “serious hardship” is further defined as follows:
Conformance with the 50 percent requirement during the year of deficiency would have likely resulted in a substantial reduction of funding for categorical programs as compared to the level of funding for categorical programs in 2008-09. Such a reduction would have had a detrimental impact on those programs and a detrimental impact on student success.
In determining the serious hardship under this section, the Board of Governors shall consider the following:
(a) the level of categorical funding provided by the state for categorical programs in 2008-09 compared to the fiscal year for which an exemption is requested; and
(b) the district's level of unrestricted general fund support for categorical programs in 2008-09 compared to the fiscal year for which an exemption is requested.
It is not the intent of this section to provide an exemption for a district that would have expended less than 50 percent of its CEE on the payment of classroom instructors absent the reduction of categorical funding.
This section shall be in effect for fiscal years 2009-10 through 2012-13.
NOTE
Authority cited: Sections 70901 and 84362, Education Code. Reference: Section 84362, Education Code.
HISTORY
1. New section filed 8-19-2010; operative 9-18-2010. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2010, No. 35).
§59206. District Application for Exemption.
Note • History
(a) After the conclusion of each fiscal year, each district shall determine if 50% of its current expense of education (CEE) was expended for the payment of salaries of classroom instructors after exclusion from the numerator and denominator of amounts spent from any nonexempted deficiency from the second preceding fiscal year.
(b) In the event a district has not expended the required amount and it appears to its governing board that such expenditure would have resulted in serious hardship to the district or in the payment of excessive salaries of classroom instructors, it may apply to the Chancellor in a form and manner to be determined by the Chancellor not later than September 15 following the year of deficiency for exemption from the requirements of Education Code section 84362.
NOTE
Authority cited: Sections 70901 and 84362, Education Code. Reference: Section 84362, Education Code.
HISTORY
1. Repealer and new section filed 9-10-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 10-10-90 (Register 91, No. 5). Submitted to OAL for printing only pursuant to Education Code section 70901.5(b). For prior history, see Register 79, No. 28.
2. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§59207. Notice to Academic Employees.
Note • History
The district applying for exemption shall immediately, but not less than thirty (30) days preceding the public hearing to determine the basis on which it will apply for exemption, provide the exclusive representative of the district's academic employees and the district or college academic senate with a copy of such application.
NOTE
Authority cited: Sections 70901 and 84362, Education Code. Reference: Section 84362, Education Code.
HISTORY
1. New section filed 9-10-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 10-10-90 (Register 91, No. 5). Submitted to OAL for printing only pursuant to Education Code section 70901.5(b)
2. Amendment of section heading, text and Note filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
§59208. Consideration by District Governing Board.
Note • History
(a) The governing board of the district applying for exemption shall hold a public hearing to determine the basis for the district's application for exemption. This public hearing shall be held during a meeting of the district governing board and shall be noticed as a separate item on the agenda for the meeting as required by Education Code Section 72121 except that the notice required must be given at least 30 days prior to the meeting. The governing board shall give interested parties a reasonable opportunity to be heard. The governing board shall then determine whether expenditure of the required amount would have resulted in serious hardship to the district or in the payment of salaries of classroom instructors in excess of the salaries of classroom instructors paid by other districts of comparable type and functioning under comparable conditions.
(b) The district shall then, not later than December 1, or if the Chancellor has granted the district an extension in writing, not later than December 15, transmit the findings of the governing board to the Chancellor in a form and manner to be determined by the Chancellor. The final figures used by the Chancellor's Office as the basis for determining the degree of compliance with Education Code Section 84362 shall be those submitted by the district as of December 1, or if granted an extension, December 15.
(c) Failure to comply with the provisions of this Section shall void the district's application for exemption.
NOTE
Authority cited: Sections 70901 and 84362, Education Code. Reference: Section 84362, Education Code.
HISTORY
1. New section filed 9-10-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 10-10-90 (Register 91, No. 5). Submitted to OAL for printing only pursuant to Education Code section 70901.5(b)
2. Amendment of section and Note filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
§59209. Response by Academic Employees.
Note • History
Within two weeks of the public hearing or by the date the district is required to transmit its findings to the Chancellor, whichever is later, the academic employee organization(s) required to be notified pursuant to Section 59207 may submit an additional written statement opposing the application to the Chancellor and requesting a hearing by the Chancellor.
NOTE
Authority cited: Sections 70901 and 84362, Education Code. Reference: Section 84362, Education Code.
HISTORY
1. New section filed 9-10-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 10-10-90 (Register 91, No. 5). Submitted to OAL for printing only pursuant to Education Code section 70901.5(b)
2. Amendment of section heading, text and Note filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
§59210. Chancellor's Recommendation.
Note • History
(a) The Chancellor shall annually determine the percentage of current expenses of education expended for salaries of classroom instructors during the preceding fiscal year for each district from information submitted on the “Annual Financial and Budget Report” (CCFS-311) and from information reported in the annual audit reports required by Education Code Section 84040.
(b) The Chancellor's Office shall analyze each application for exemption together with statements of opposition submitted by the academic employee organization(s) and the audit report submitted pursuant to Education Code Section 84040 to determine compliance with Education Code Section 84362. If requested by the exclusive representative of the district's academic employees or the district, the Chancellor or designee shall hold a hearing to collect and consider additional information.
(c) If the district filed an application for an exemption as required by these regulations, the Chancellor shall recommend one of the following actions to the Board of Governors:
(1) that the Board deny the application;
(2) that the Board grant the application; or
(3) that the Board grant the application in part.
(d) The Board of Governors shall determine whether the facts presented by the Chancellor established that application of the 50 percent salary requirement would have resulted in serious hardship or in expenditures for salaries of classroom instructors in excess of that paid by comparable districts.
NOTE
Authority cited: Sections 70901 and 84362, Education Code. Reference: Section 84362, Education Code.
HISTORY
1. New section filed 9-10-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 10-10-90 (Register 91, No. 5). Submitted to OAL for printing only pursuant to Education Code section 70901.5(b)
2. Amendment of subsections (a) and (b) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
§59211. Board of Governors Action.
Note • History
The Board of Governors shall, no later than March 1, receive the Chancellor's recommendations. The Board shall then deny, grant, or grant in part the district's application.
Exemption shall be granted only to the limit of the deficiency in an amount above that necessary to raise the district's expenditures for salaries of classroom instructors per attendance FTES to the levels of the average of the comparison districts or in an amount equal to that which would have been needed by the district to avoid a serious hardship.
NOTE
Authority cited: Sections 70901 and 84362, Education Code. Reference: Section 84362, Education Code.
HISTORY
1. New section filed 9-10-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 10-10-90 (Register 91, No. 5). Submitted to OAL for printing only pursuant to Education Code section 70901.5(b).
2. Amendment of section and Note filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
§59212. Amendments to District Applications.
Note • History
(a) The Chancellor may accept amendments to the district's application for exemption if the Chancellor determines that the proposed amendments are nonsubstantive rather than substantive. Nonsubstantive amendments are only those which result from arithmetical errors and miscategorization of expenses. Such amendments must also be certified by the district's independent auditor.
(b) A district filing an amendment to its application for exemption under this section is not required to follow the procedures of section 59206. However, the district shall furnish a copy of the amendment to the faculty organization required to be notified pursuant to section 59207 at the same time the amendment is filed with Chancellor. Where a hearing of the Chancellor has been requested pursuant to section 59210, such amendment must be submitted 20 working days prior to the date of the hearing.
NOTE
Authority cited: Sections 70901 and 84362, Education Code. Reference: Section 84362, Education Code.
HISTORY
1. New section filed 9-10-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 10-10-90 (Register 91, No. 5). Submitted to OAL for printing only pursuant to Education Code section 70901.5(b).
2. Change without regulatory effect amending subsection (b) and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
Where a district has failed to file an application for exemption in the manner required by these regulations, or where the Board of Governors has denied any part of a district's deficient amount, the Chancellor shall designate the deficient amount or nonexempted portion thereof to be deposited in the county treasury to the credit of the district from state apportionments but unavailable for expenditure until the district has complied with the requirements of Education Code section 84362 or otherwise instructed by the Chancellor's Office. Such amount may be reduced by expenditures for salaries of classroom instructors exceeding the requirements of Eduction Code section 84362 in the two years immediately following the year of noncompliance. The Chancellor shall instruct the district to develop a plan as to how the amount of the deficiency not exempted by the Board of Governors will be expended for salaries of classroom instructors during the next fiscal year.
The governing board shall certify a plan for achieving compliance with the requirements of Education Code section 84362 with regard to the nonexempted deficiency. The plan shall specify expenditures for salaries of classroom instructors over and above the amount regularly budgeted for the year. The plan shall be submitted to the Chancellor by June 30 of the year before the nonexempted deficiency must be expended. The plan may include consideration of such factors as:
(a) salary increases for instructors (either on- or off-salary schedule);
(b) additional instructors;
(c) additional instructional aides within the definition in section 59204.
(d) conversion of part-time instructors to full-time.
(e) reassignment of qualified personnel from other activities to classroom instruction; and
(f) items other than salaries of classroom instructors, i.e. instructional materials, additional library or counseling staff, etc., with the mutual agreement of the exclusive representative of the district's academic employees or, if none exists, the district or college academic senate, where the district can document the necessity, showing adverse impact on the district if such expenditures were not allowed.
NOTE
Authority cited: Sections 70901 and 84362, Education Code. Reference: Section 84362, Education Code.
HISTORY
1. New section filed 9-10-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 10-10-90 (Register 91, No. 5). Submitted to OAL for printing only pursuant to Education Code section 70901.5(b).
2. Change without regulatory effect amending first paragraph, subsection (f) and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
If the district fails to comply with the requirements of Education Code section 84362 within two years following the year for which exemption is being sought, an amount equal to the nonexempt amount or the amount by which the district failed to comply with Education Code section 84362, whichever is less, shall be deducted from apportionments made to the district on a one-time basis during the third year following the year of the deficiency. The nonexempted amount shall be reduced by any amount by which the district has exceeded fifty percent (50%) of the current expense of education in the two years immediately following the year for which exemption has been sought.
NOTE
Authority cited: Sections 70901, 84362, Education Code. Reference: Section 84362, Education Code.
HISTORY
1. New section filed 9-10-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 10-10-90 (Register 91, No. 5). Submitted to OAL for printing only pursuant to Education Code section 70901.5(b).
Subchapter 4.5. Auxiliary Organizations
Article 1. Scope and Definitions
Note • History
(a) The governing body of a community college district may establish auxiliary organizations for the purpose of providing supportive services and specialized programs for the general benefit of its college or colleges, as determined by the governing board. Such organizations shall be established and maintained in accordance with the provisions of article 6 (commencing with section 72670) of chapter 6, part 45, division 7, title 3 of the Education Code, and the regulations contained in this subchapter.
(b) Other organizations which provide supportive services and specialized programs for the general benefit of colleges, which are authorized by other provisions of law, need not be established as an auxiliary organization pursuant to this subchapter. If, however, an organization is not established as an auxiliary organization in accordance with the provisions of this subchapter, its powers and duties will continue to be defined by the other provisions of law which provide for its establishment and operation.
(c) An auxiliary organization which was in existence on or before August 31, 1980, may continue to operate under the provisions of article 6 (commencing with section 72670) of chapter 6, part 45, division 7, title 3 of the Education Code, as it read on August 30, 1980. Such organizations, however, shall operate only in accordance with the provisions of former article 6; and shall not, unless established and maintained in accordance with the provisions of this subchapter, be vested with any additional authority or flexibility that may be provided by this subchapter and the current article 6 (commencing with section 72670) of chapter 6, part 45, division 7, title 3 of the Education Code.
NOTE
Authority cited: Sections 66700, 70901 and 72672, Education Code. Reference: Article 6 (commencing with Section 72670), Chapter 6, Part 45, Division 7, Title 3, Education Code.
HISTORY
1. New chapter 4.5 (articles 1-3, sections 59250-59276, not consecutive) filed 5-4-81; effective thirtieth day thereafter (Register 81, No. 19).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Editorial correction of History 2 (Register 95, No. 29).
4. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
For the purposes of this subchapter, the following definitions shall be applied:
(a) Auxiliary organization: An “auxiliary organization” is an entity authorized by section 72670 of the Education Code which is established by the governing board in accordance with the provisions of this subchapter and Article 6 (commencing with section 72670) of chapter 6, part 45, division 7, title 3 of the Education Code.
(b) Written agreement: A “written agreement” is an agreement between a community college district and an auxiliary organization which may implement or otherwise address the requirements of subdivision (j) of section 59257 of this subchapter.
NOTE
Authority cited: Sections 66700, 70901 and 72672, Education Code. Reference: Article 6 (commencing with Section 72670), Chapter 6, Part 45, Division 7, Title 3, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 29).
3. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Article 2. District Responsibilities
§59255. Conditions for Establishment.
Note • History
The following conditions must be met before an auxiliary organization may be established by a community college district:
(a) The district's governing board must adopt implementing regulations for auxiliary organizations. Such regulations must, at least, address the subjects specified in section 59257 of this subchapter;
(b) The district's implementing regulations must be reviewed and approved by the Chancellor of the California Community Colleges;
(c) The particular auxiliary organization being established may only provide recognized services or functions as specified in section 59259;
(d) The district governing board must approve the establishment of the auxiliary organization; and
(e) The district must at such time as it recognizes an auxiliary organization, submit to the Chancellor any written agreement with an auxiliary organization, as well as the articles of incorporation, bylaws, or other governing instrument of the particular auxiliary organization.
NOTE
Authority cited: Sections 66700, 70901 and 72672, Education Code. Reference: Article 6 (commencing with Section 72670), Chapter 6, Part 45, Division 7, Title 3, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of printing error in subsection (a) (Register 91, No. 43).
3. Editorial correction of History 1 (Register 95, No. 29).
4. Change without regulatory effect amending subsections (a) and (b) and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§59257. Implementing Regulations.
Note • History
Each district governing board wishing to establish an auxiliary organization must adopt implementing regulations, and submit such regulations to the Chancellor for approval. The implementing regulations must contain provisions which address at least the following subjects:
(a) Provisions which set forth the district's method for recognizing an auxiliary organization, which procedure must include a public hearing prior to such recognition;
(b) Provisions which limit authorized auxiliary organizations to those performing recognized functions described in section 59259;
(c) Provisions which implement section 72674 of the Education Code, regarding composition and meetings of boards of directors of auxiliary organizations;
(d) Provisions which implement subdivision (a) of section 72672 of the Education Code, regarding the audit of auxiliary organizations;
(e) Provisions which implement subdivision (c) of section 72672 of Education Code, regarding salaries, working conditions, and benefits for full-time employees of auxiliary organizations;
(f) Provisions which implement section 72675 of the Education Code, regarding expenditures and fund appropriations by auxiliary organizations. In implementing subdivision (b)(2) of section 72675, the district regulations may specify different standards for different types of auxiliary organizations.
(g) Provisions which establish recordkeeping responsibilities of auxiliary organizations;
(h) Provisions which establish a procedure for periodic review of each auxiliary organization by the district to insure that it is complying with sections 72670-72682 of the Education Code, district implementing regulations, any written agreement with the district, and its articles of incorporation or bylaws; and
(i) Provisions which prohibit the district from transferring any of its funds or resources other than funds or resources derived from gifts or bequests, to any of its auxiliary organizations, when the purpose of such transfer is either to avoid laws or regulations which constrain community college districts or to provide the district with an unfair advantage with respect to the application of any state funding mechanism. Such state funding mechanisms include, but are not limited to, general apportionment funding, capital outlay funding, Extended Opportunity Programs and Services funding, and funding for programs and services for students with disabilities.
(j) Provisions which shall specify the following:
(1) The function or functions which the auxiliary organization is to manage, operate or administer;
(2) A statement of the reasons for administration of the functions by the auxiliary organization instead of by the college under usual district procedures;
(3) The areas of authority and responsibility of the auxiliary organization and the college;
(4) The facilities to be made available, if any, by the district to permit the auxiliary organization to perform the functions specified in the implementing regulations or written agreement;
(5) The charge or rental to be paid to the district by the auxiliary organization for any district facilities used in connection with the performance of its function. The charge or rental specified shall not require involved methods of computation, and should be identified in sufficient time before its incurrence so that the auxiliary organization may determine to what extent it shall be liable therefor;
(6) Full reimbursement to the district for services performed by district employees under the direction of the auxiliary organization. No more than 50% of the reimbursement by an auxiliary organization may be made in the form of non-monetary benefits that the auxiliary organization provides to a community college district, such as increased community awareness or other such benefits that are agreed upon by district officials and the auxiliary organization. Such non-monetary benefits shall be assigned a good-faith reimbursement value by the district. Methods of proration where services are performed by district employees for the auxiliary organization shall be simple and equitable;
(7) A simple and stable method of determining in advance to what extent the auxiliary organization shall be liable for indirect costs relating to federally-sponsored programs;
(8) The responsibility for maintenance and payment of operating expenses;
(9) The proposed expenditures for public relations or other purposes which would serve to augment district appropriations for operation of the college. With respect to expenditures for public relations or other purposes which would serve to augment district appropriation for the college, the auxiliary organization may expend funds in such amount and for such purposes as are approved by the board of directors of the auxiliary organization. The governing board shall name a designee who shall file with the governing board a statement of auxiliary organizations' policies on accumulation and use of public relations funds. The statement will include the policy and procedure on solicitation of funds, source of funds, amounts, and purpose for which the funds will be used, allowable expenditures, and procedures of control;
(10) The disposition to be made of net earnings derived from the operation of facilities owned or leased by the auxiliary organization and provisions for reserves;
(11) The disposition to be made of net assets on cessation of the operations under the agreement; and
(12) Provisions which require a covenant of the auxiliary organization to maintain its existence throughout the period of the agreement and to operate in accordance with sections 72670-72682 of the Education Code, and with the regulations contained in this subchapter as well as district implementing regulations.
In addressing the requirements of this subdivision in its district implementing regulations, a district may provide for such requirements in a written agreement or agreements with an auxiliary organization. The agreement shall provide for all requirements of this subdivision which have not been addressed in the district implementing regulations. Notwithstanding subdivision (e) of section 59255, if the requirements of this subdivision are provided for in the written agreement rather than the district's implementing regulations, the auxiliary organization may not be recognized by the district until the agreement is submitted to the Chancellor for approval.
NOTE
Authority cited: Sections 66700, 70901 and 72672, Education Code. Reference: Article 6 (commencing with Section 72670), Chapter 6, Part 45, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 29).
3. Amendment of subsections (c), (f), (i), (j)(6) and (j)(12) filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
The functions to be undertaken by auxiliary organizations are for the purpose of providing activities which are an integral part of the community college educational programs. The following supportive services and specified programs which may be developed and operated by auxiliary organizations have been determined by the Board of Governors to be appropriate:
(a) Student association or organization activities;
(b) Bookstores;
(c) Food and campus services;
(d) Student union programs;
(e) Facilities and equipment;
(f) Loans, scholarships, grants-in-aids;
(g) Workshops, conferences, institutes, and federal projects;
(h) Alumni activities;
(i) Supplementary health services;
(j) Gifts, bequests, devises, endowments and trusts; and
(k) Public relations programs.
NOTE
Authority cited: Sections 66700, 70901 and 72672, Education Code. Reference: Sections 72670 and 72672, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 29).
§59263. Auxiliary Organizations in Good Standing.
Note • History
(a) Each district which establishes one or more auxiliary organizations shall prepare and keep current a list of auxiliary organizations in good standing. All auxiliary organizations which, after periodic review in the manner specified by district implementing regulations, are found to be in compliance with applicable laws and regulations, shall be included on this list.
(b) When the chief executive officer or other designee of a district has reason to believe that a particular organization should be removed from this list, he or she shall give the board of directors of such organization reasonable notice that a conference will be held to determine whether grounds for removal do in fact exist, and representatives of said board shall be entitled to be present at such conference and to be heard. Based upon such conference, the chief executive officer or other designee shall recommend to the district governing board whether a particular organization should be removed from the list. The district governing board may, in its sole discretion, remove such an auxiliary organization from said list, and may make such other provisions consistent with law as may be appropriate with respect to an auxiliary organization not included on said list.
NOTE
Authority cited: Sections 66700, 70901 and 72672, Education Code. Reference: Section 72672, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 29).
§59265. Ongoing Responsibilities.
Note • History
Each district governing board which establishes one or more auxiliary organizations shall:
(a) Insure that an audit on each auxiliary organization is performed annually in the manner prescribed by subdivision (a) of section 72672 of the Education Code; and that a copy of said audit is submitted to the Chancellor;
(b) Submit any changes in district implementing regulations to the Chancellor for approval;
(c) Submit to the Chancellor any changes made in any written agreement, articles of incorporation, bylaws or other governing instrument pertaining to any established auxiliary organization;
(d) Periodically review each auxiliary organization for compliance with Education Code sections 72670-72682, the regulations contained in this subchapter and district implementing regulations, any written agreement, and the auxiliary organization's articles of incorporation, bylaws or other governing instrument. Such review shall be conducted in accordance with the procedure specified in the district implementing regulations;
(e) Prepare and keep current a list of auxiliary organizations in good standing in the manner provided for in section 59263. A copy of the initial list of auxiliary organizations in good standing, as well as any updated version of such list shall be forwarded to the Chancellor; and
(f) Report to the Chancellor, as may be required from time to time, on the operations of its auxiliary organizations.
NOTE
Authority cited: Sections 66700, 70901 and 72672, Education Code. Reference: Article 6 (commencing with Section 72670), Chapter 6, Part 45, Division 7, Title 3, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 29).
3. Change without regulatory effect amending subsection (d) and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Article 3. Board of Governors and Chancellor's Office Responsibilities
§59270. Procedures for Annual Audits and Financial Reporting.
Note • History
The Chancellor shall prescribe the reporting and auditing procedures for auxiliary organizations. Districts and auxiliary organizations shall apply and comply with such procedures.
NOTE
Authority cited: Sections 66700, 70901 and 72672, Education Code. Reference: Article 6 (commencing with section 72670), Chapter 6, Part 45, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 29).
3. Amendment of section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§59272. Review of District Implementing Regulations.
Note • History
The Chancellor shall review and approve or disapprove district implementing regulations no later than 60 days after receipt. Implementing regulations which satisfactorily address the minimum contents specified in section 59257 shall be approved. Implementing regulations which are disapproved shall be returned with a statement of reasons as to why they were rejected. Regulations that have not been disapproved by the Chancellor within 60 days of receipt shall be deemed to be approved until such a time as the Chancellor notifies the district that a provision of the implementing regulations must be revised and a statement of the reason for the revision.
NOTE
Authority cited: Sections 66700, 70901 and 72672, Education Code. Reference: Article 6 (commencing with Section 72670), Chapter 6, Part 45, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 29).
3. Amendment of section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§59274. Retention of Documentation.
Note • History
NOTE
Authority cited: Sections 71020 and 72672, Education Code. Reference: Article 6 (commencing with Section 72670), Chapter 6, Part 45, Education Code.
HISTORY
1. Repealer filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 29).
§59276. Annual Report to Legislature.
Note • History
NOTE
Authority cited: Sections 71020 and 72672, Education Code. Reference: Section 72681, Education Code.
HISTORY
1. Repealer filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 29).
Subchapter 5. Nondiscrimination in Programs Receiving State Financial Assistance Through the Chancellor or Board of Governors of the California Community Colleges
Article 1. General
Note • History
The purpose of this subchapter is to implement the provisions of California Government Code sections 11135 through 11139.5, the Sex Equity in Education Act (Ed. Code § 66250 et seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d), title IX of the Education Amendments of 1972 (20 U.S.C. § 1681), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), the Americans with Disabilities Act of 1990 (42 U.S.C. § 12100 et seq.) and the Age Discrimination Act (42 U.S.C. § 6101), to the end that no person in the State of California shall, in whole or in part, on the basis of ethnic group identification, national origin, religion, age, sex or gender, race, color, ancestry, sexual orientation, or physical or mental disability, or on the basis of these perceived characteristics or based on association with a person or group with one or more of these actual or perceived characteristics, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under any program or activity that is administered by, funded directly by, or that receives any financial assistance from, the Chancellor or Board of Governors of the California Community Colleges.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; Sections 11135-11139.5, Government Code; Sections 422.6 and 422.55, Penal Code; Title 20, United States Code, Section 1681; Title 29, United States Code, Section 794; and Title 42, United States Code, Sections 2000d, 6101 and 12100, et seq.
HISTORY
1. New Chapter 5 (Articles 1-4, Sections 59300-59362, not consecutive) filed 4-17-81; effective thirtieth day thereafter (Register 81, No. 16). For prior history, see Registers 79, No. 46; and 78, No. 39).
2. Amendment of section and Note filed 5-31-96; operative 6-30-96. Submitted to OAL for printing only (Register 96, No. 23).
3. Amendment of section and Note filed 2-7-2001; operative 3-9-2001. Submitted to OAL for printing only (Register 2001, No. 6).
4. Amendment of section and Note filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
5. Amendment of section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
6. Amendment filed 8-5-2008; operative 9-4-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 34).
§59301. Prohibited Discrimination.
Note • History
NOTE
Authority cited: Section 11138, Government Code; and Sections 71020 and 71025, Education Code. Reference: Sections 11135 and 11138, Government Code.
HISTORY
1. Repealer filed 2-7-2001; operative 3-9-2001. Submitted to OAL for printing only (Register 2001, No. 6).
§59302. Academic Requirements.
Note • History
Nothing in this subchapter shall be interpreted to prohibit bona fide academic requirements for a specific community college program, course or activity.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Section 11135, Government Code.
HISTORY
1. Amendment of section and Note filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
2. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§59303. Delegation of Authority.
Note • History
NOTE
Authority cited: Section 11138, Government Code; and Sections 70901 and 71090, Education Code. Reference: Sections 11135 and 11138, Government Code.
HISTORY
1. Amendment filed 2-7-2001; operative 3-9-2001. Submitted to OAL for printing only (Register 2001, No. 6).
2. Amendment filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
3. Repealer filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
It is the intent of the Board of Governors that the Chancellor assist community college districts in recognizing and eliminating unlawful discrimination that may exist in their programs and activities and in meeting the requirements of this subchapter. Punitive action authorized by this subchapter will be taken only when remedial action has failed to eliminate unlawful discrimination from the programs and activities of a community college district.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135, 11137 and 11139, Government Code.
HISTORY
1. Amendment of section and Note filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
2. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
NOTE
Authority cited: Section 11138, Government Code; and Sections 71020 and 71025, Education Code. Reference: Sections 11135 and 11138, Government Code.
HISTORY
1. Repealer filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
§59306. Visitor Parking for Persons with Disabilities.
Note • History
(a) Each community college district shall, consistent with the requirements of Education Code section 67301, provide visitor parking at each of its colleges or centers at no charge to persons with disabilities or to those providing transportation for such persons.
(b) For purposes of this section only, “persons with disabilities” are those who:
(1) qualify as disabled persons pursuant to section 22511.5 of the Vehicle Code; or
(2) if they were students, would be entitled to special parking provided to students with disabilities pursuant to subchapter 1 (commencing with section 56000) of chapter 7 of this division.
(c) Parking at no charge shall be available to persons with disabilities who are visitors, and to those providing transportation to such persons, in those parking facilities which are most accessible to administrative offices, libraries, and other facilities which the district finds are most used by visitors.
(d) Each community college district shall post in conspicuous places notice that parking is available without charge to persons with disabilities who are visitors and to those providing transportation for such persons.
(e) When parking provided pursuant to this section is located in an area where access is controlled by a mechanical gate, the district shall ensure that accommodations are made for persons with disabilities who are unable to operate the gate controls. Accommodations may be provided by an attendant assigned to assist in the operation of the gate or by any other effective means deemed appropriate by the district.
(f) Parking fees collected pursuant to Education Code section 76360 shall be used to offset any costs resulting from compliance with the requirements of this section.
NOTE
Authority cited: Sections 66271.1, 66700, 67301 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq., 67301, 72011 and 76360, Education Code; and Section 22511.5, Vehicle Code.
HISTORY
1. New section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Amendment of subsections (a)-(b)(2) and (f) and amendment of Note filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
3. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§59307. Sexual Harassment and Sex Discrimination.
Note • History
NOTE
Authority cited: Sections 232 and 70901, Education Code; and Section 11135, Government Code. Reference: Sections 200 et seq., Education Code.
HISTORY
1. New section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Repealer filed 2-7-2001; operative 3-9-2001. Submitted to OAL for printing only (Register 2001, No. 6).
Article 2. Definitions
§59310. Incorporation by Reference.
Note • History
Except as otherwise provided by this subchapter, those definitions of activities prohibited by, and persons protected by, title 22 of the California Code of Regulations (commencing with section 98100) are incorporated into and made applicable to this subchapter as if fully set forth here.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Section 11135, Government Code.
HISTORY
1. Amendment of section and Note filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
2. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
For purposes of this subchapter, the following definitions shall apply:
(a) “Appeal” means a request by a complainant made in writing to a community college district governing board pursuant to section 59338 and/or to the Chancellor's Office pursuant to section 59339 to review the administrative determination of a community college district regarding a complaint of discrimination.
(b) “Complaint” means a written and signed statement meeting the requirements of section 59328 that alleges unlawful discrimination in violation of this subchapter.
(c) “Days” means calendar days.
(d) Except for purposes of section 59306, “disability” means any mental or physical disability as defined in Government Code section 12926.
(e) “Discrimination on the basis of sex” means sexual harassment or discrimination on the basis of gender.
(f) “Gender” means sex, and includes a person's gender identity and gender related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth.
(g) “Sex” includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. “Sex” also includes, but is not limited to, a person's gender, as defined in section 422.56 of the Penal Code. Discrimination on the basis of sex or gender also includes sexual harassment.
(h) “Sexual orientation” means heterosexuality, homosexuality, or bisexuality.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; Sections 11135 and 12926, Government Code; and Sections 422.6 and 422.55, Penal Code.
HISTORY
1. New section filed 2-7-2001; operative 3-9-2001. Submitted to OAL for printing only (Register 2001, No. 6). For prior history, see Register 92, No. 17.
2. Amendment of section and Note filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
3. New subsection (c) and subsection relettering filed 4-15-2002; operative 5-15-2002. Submitted to OAL for printing only (Register 2002, No. 23).
4. New subsections (f)-(g) and amendment of Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
5. Amendment of subsection (f), new subsection (g) and subsection relettering filed 8-5-2008; operative 9-4-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 34).
Article 3. District Compliance and Enforcement
§59320. District Responsibility.
Note • History
Each community college district has primary responsibility to insure that its programs and activities are available to all persons without regard to their actual or perceived ethnic group identification, national origin, religion, age, sex or gender, race, color, ancestry, sexual orientation, or physical or mental disability, or to their association with a person or group with one or more of these actual or perceived characteristics. Therefore, each community college district shall investigate complaints of unlawful discrimination in its programs or activities, and seek to resolve those complaints in accordance with the provisions of this subchapter.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; Sections 11135 and 12926, Government Code; and Sections 422.6 and 422.55, Penal Code.
HISTORY
1. Amendment of section and Note filed 2-7-2001; operative 3-9-2001. Submitted to OAL for printing only (Register 2001, No. 6).
2. Amendment filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
3. Amendment of section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
4. Amendment of section and Note filed 8-5-2008; operative 9-4-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 34).
Note • History
Each community college district shall establish and adopt written policies consistent with this subchapter. When the policies are adopted or amended, they shall be submitted to the Chancellor within 90 days of the effective date of the adoption or amendment(s). If, at any time, the Chancellor finds that a district's policies are inconsistent with the requirements of this subchapter, the Chancellor may require the district to appropriately modify its policies.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Section 11135, Government Code.
HISTORY
1. Amendment of section and Note filed 2-7-2001; operative 3-9-2001. Submitted to OAL for printing only (Register 2001, No. 6).
2. Amendment filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
3. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
4. Amendment of section and Note filed 8-5-2008; operative 9-4-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 34).
§59324. Responsible District Officer.
Note • History
Each community college district shall identify to the Chancellor and to the public a single person as the district officer responsible for receiving complaints filed pursuant to section 59328 and for coordinating their investigation. Informal charges of unlawful discrimination should be brought to the attention of the responsible district officer, who shall oversee the informal resolution process pursuant to section 59327. The actual investigation of complaints may be assigned to other staff or to outside persons or organizations under contract with the district. Such procedures shall be used whenever the officer designated to receive complaints is named in the complaint or is implicated by the allegations in the complaint.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Section 11135, Government Code.
HISTORY
1. Amendment filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Amendment filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
3. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
4. Amendment of section and Note filed 8-5-2008; operative 9-4-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 34).
§59326. Notice to Students and Employees.
Note • History
Each community college district shall notify students and employees of the provisions of this subchapter.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Section 11135, Government Code.
HISTORY
1. Amendment of section and Note filed 2-7-2001; operative 3-9-2001. Submitted to OAL for printing only (Register 2001, No. 6).
2. Amendment filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
3. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
(a) Whenever any person brings charges of unlawful discrimination to the attention of the responsible district officer designated pursuant to section 59324, that officer shall:
(1) undertake efforts to informally resolve the charges;
(2) advise the complainant that he or she need not participate in informal resolution;
(3) notify the person bringing the charges of his or her right to file a complaint, as defined in section 59311, and of the procedure for filing such a complaint pursuant to section 59328;
(4) advise the complainant that he or she may file his or her nonemployment-based complaint with the Office for Civil Rights of the U.S. Department of Education (OCR) where such a complaint is within that agency's jurisdiction; and
(5) advise the complainant that he or she may file his or her employment-based complaint with the U.S. Equal Employment Opportunity Commission (EEOC) and/or the California Department of Fair Employment and Housing (DFEH) where the complaint is within the jurisdiction of those agencies.
(b) Efforts at informal resolution pursuant to subdivision (a)(1) need not include any investigation unless the responsible district officer determines that an investigation is warranted by the seriousness of the charges.
(c) Efforts at informal resolution may continue after the filing of a formal written complaint, but after a complaint is filed an investigation is required to be conducted pursuant to section 59334 and must be completed unless the matter is informally resolved and the complainant dismisses the formal complaint or the complainant files with the DFEH and the Chancellor elects not to require further investigation pursuant to section 59328(f)(2). Any efforts at informal resolution after the filing of a written complaint shall not exceed the ninety (90) day period for rendering the administrative determination pursuant to section 59336.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code.
HISTORY
1. New section filed 5-31-96; operative 6-30-96. Submitted to OAL for printing only (Register 96, No. 23).
2. Amendment of subsections (a)(3) and (c) filed 2-7-2001; operative 3-9-2001. Submitted to OAL for printing only (Register 2001, No. 6).
3. Amendment filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
4. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§59328. Formal Investigation Upon Filing of Written Complaint.
Note • History
An investigation of alleged unlawful discrimination prohibited by this subchapter will be initiated by filing a complaint that meets the following requirements:
(a) The complaint shall be filed by one who alleges that he or she has personally suffered unlawful discrimination or by one who has learned of such unlawful discrimination in his or her official capacity as a faculty member or administrator.
(b) The complaint shall be filed with the Chancellor of the California Community Colleges or with the officer designated pursuant to section 59324 by the appropriate community college district.
(c) The complaint shall be in a form prescribed by the Chancellor.
(d) In any complaint not involving employment, the complaint shall be filed within one year of the date of the alleged unlawful discrimination or within one year of the date on which the complainant knew or should have known of the facts underlying the allegation of unlawful discrimination.
(e) In any complaint alleging discrimination in employment, the complaint shall be filed within 180 days of the date the alleged unlawful discrimination occurred, except that this period should be extended by no more than 90 days following the expiration of the 180 days if the complainant first obtained knowledge of the facts of the alleged violation after the expiration of the 180 days.
(f) In any complaint alleging discrimination in employment, the district shall:
(1) advise the complainant that he or she may file the complaint with the U.S. Equal Employment Opportunity Commission (EEOC) and/or the Department of Fair Employment and Housing (DFEH) where the complaint is within the jurisdiction of those agencies; and
(2) forward a copy of any filing by the complainant with the DFEH or the EEOC to the Chancellor's Office for a determination of whether the issues presented require an independent investigation of the matter under the provisions of this subchapter.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code.
HISTORY
1. Amendment filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Repealer of subsection (b) and subsection relettering filed 5-31-96; operative 6-30-96. Submitted to OAL for printing only (Register 96, No. 23).
3. Amendment of section heading and subsection (a) filed 2-7-2001; operative 3-9-2001. Submitted to OAL for printing only (Register 2001, No. 6).
4. Amendment filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
5. Amendment of subsection (e) filed 4-15-2002; operative 5-15-2002. Submitted to OAL for printing only (Register 2002, No. 23).
6. Change without regulatory effect amending subsections (d), (e) and (f)(1)-(2) and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
7. Amendment of subsection (f)(2) filed 8-5-2008; operative 9-4-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 34).
§59329. Complaints Filed with Chancellor.
Note • History
Upon receiving a complaint filed pursuant to section 59328, the Chancellor will immediately forward a copy of the complaint to the appropriate community college district responsible officer who shall respond pursuant to section 59332 or initiate the investigation required by section 59334.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code.
HISTORY
1. Amendment of section and Note filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
2. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
3. Amendment filed 8-5-2008; operative 9-4-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 34).
Note • History
Immediately upon receiving a complaint filed in accordance with section 59328, regardless of whether the complaint is brought by a student or by an employee, the district shall forward a copy of the complaint to the Chancellor.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code.
HISTORY
1. Amendment of section and Note filed 2-7-2001; operative 3-9-2001. Submitted to OAL for printing only (Register 2001, No. 6).
2. Amendment of section and Note filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
3. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
4. Amendment filed 8-5-2008; operative 9-4-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 34).
Note • History
When a district receives a complaint which it finds does not meet the requirements of section 59328 the district shall immediately notify the complainant and the Chancellor that the complaint does not meet the requirements of section 59328 and shall specify in what requirement the complaint is defective.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code.
HISTORY
1. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
2. Amendment filed 8-5-2008; operative 9-4-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 34).
§59333. Office for Civil Rights.
Note • History
(a) Whenever a complaint is filed with the Chancellor pursuant to section 59329 and whenever the Chancellor renders a decision pursuant to article 4 (commencing with section 59350) of this subchapter, the Chancellor shall notify the complainant that he or she may file a complaint regarding the same matter with the Office For Civil Rights of the U.S. Department of Education (OCR) where the complaint is within the jurisdiction of that agency.
(b) In such cases, OCR will normally accept compliance with these regulations as satisfying the due process requirements of federal law.
(c) OCR shall have no jurisdiction to rule on any finding regarding violation of state law.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code.
HISTORY
1. New section filed 5-31-96; operative 6-30-96. Submitted to OAL for printing only (Register 96, No. 23).
2. Amendment of subsection (a) filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
3. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§59334. District Investigation.
Note • History
Upon receiving a complaint that is properly filed in accordance with section 59328, the district will commence an impartial fact-finding investigation of that complaint and notify the complainant and Chancellor that it is doing so. The results of the investigation shall be set forth in a written report that shall include at least all of the following:
(a) a description of the circumstances giving rise to the complaint;
(b) a summary of the testimony provided by each witness, including the complainant and any viable witnesses identified by the complainant in the complaint;
(c) an analysis of any relevant data or other evidence collected during the course of the investigation;
(d) a specific finding as to whether there is probable cause to believe that discrimination occurred with respect to each allegation in the complaint; and
(e) any other information deemed appropriate by the district.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code.
HISTORY
1. Amendment of existing paragraph and NOTE and adoption of subsections (a)-(e) filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Amendment filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
3. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§59336. Administrative Determination.
Note • History
(a) In any case not involving employment discrimination, within ninety (90) days of receiving a complaint, the district shall complete its investigation and forward a copy of the investigative report required pursuant to section 59334 to the Chancellor, a copy or summary of the report to the complainant, and written notice setting forth all of the following to both the complainant and the Chancellor:
(1) the determination of the chief executive officer or his/her designee as to whether there is probable cause to believe discrimination occurred with respect to each allegation in the complaint;
(2) a description of actions taken, if any, to prevent similar problems from occurring in the future;
(3) the proposed resolution of the complaint; and
(4) the complainant's right to appeal to the district governing board and the Chancellor pursuant to sections 59338 and 59339.
(b) In any case involving employment discrimination, within 90 days of receiving a complaint, the district shall complete its investigation and forward a copy or summary of the report to the complainant, and written notice setting forth all the following to the complainant:
(1) the determination of the chief executive officer or his/her designee as to whether there is probable cause to believe discrimination occurred with respect to each allegation in the complaint;
(2) a description of actions taken, if any, to prevent similar problems from occurring in the future;
(3) the proposed resolution of the complaint; and
(4) the complainant's right to appeal to the district governing board and to file a complaint with Department of Fair Employment and Housing.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code.
HISTORY
1. Repealer and new section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Amendment filed 2-7-2001; operative 3-9-2001. Submitted to OAL for printing only (Register 2001, No. 6).
3. Amendment filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
4. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
5. Amendment filed 8-5-2008; operative 9-4-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 34).
§59338. Final District Decision; Appeals to Local Governing Board.
Note • History
(a) If the complainant is not satisfied with the results of the administrative determination rendered pursuant to section 59336, the complainant may submit a written appeal to the district governing board within fifteen (15) days from the date of the notice pursuant to section 59336 that sets forth the administrative determination and the complainant's appeal rights. The governing board shall review the original complaint, the investigative report, the administrative determination, and the appeal and issue a final district decision in the matter within forty-five (45) days after receiving the appeal.
(b) In any case not involving employment discrimination, the district shall promptly forward to the complainant and to the Chancellor a copy of the final district decision rendered by the governing board that includes complainant's right to appeal the district's decision to the Chancellor pursuant to section 59339.
(c) In any case involving employment discrimination, the district shall promptly forward to the complainant a copy of the final district decision rendered by the governing board that includes complainant's right to file a complaint with the Department of Fair Employment and Housing (DFEH), where the case is within the jurisdiction of that agency.
(d) If the governing board does not act within forty-five (45) days the administrative determination shall be deemed approved and shall become the final district decision in the matter.
(1) The district shall promptly notify the complainant and, in any case not involving employment discrimination, the Chancellor, that the board took no action and the administrative determination is deemed approved pursuant to this section.
(2) In any case not involving employment discrimination, the complainant shall also be notified of his or her right to appeal the district's decision to the Chancellor pursuant to section 59339.
(3) In any case involving employment discrimination, the complainant shall also be notified of his or her right to file a complaint with the Department of Fair Employment and Housing (DFEH), where the case is within the jurisdiction of that agency.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code.
HISTORY
1. Repealer and new section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Amendment of section heading and section filed 2-7-2001; operative 3-9-2001. Submitted to OAL for printing only (Register 2001, No. 6).
3. Amendment filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
4. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
5. Amendment of section and Note filed 8-5-2008; operative 9-4-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 34).
Note • History
(a) In any case not involving employment discrimination, the complainant shall have the right to file a written appeal with the Chancellor within thirty (30) days from the date that the governing board issues the final district decision or permits the administrative determination to become final pursuant to section 59338, or from the date of the notice provided pursuant to section 59338(b) or (d), whichever is later. Such appeals shall be processed pursuant to the provisions of article 4 (commencing with section 59350) of this subchapter. The appeal must be accompanied by a copy of the decision of the governing board or evidence showing the date on which the complainant filed an appeal with the governing board and a statement under penalty of perjury that no response was received from the governing board within forty-five (45) days from that date.
(b) In any case involving employment discrimination, the complainant may, at any time before or after the final district decision is rendered, file a complaint with the Department of Fair Employment and Housing (DFEH) where the complaint is within the jurisdiction of that agency.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code.
HISTORY
1. New section filed 2-7-2001; operative 3-9-2001. Submitted to OAL for printing only (Register 2001, No. 6).
2. Amendment of section heading and section filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
3. Amendment of subsection (b), repealer of subsections (b)(1)-(3) and amendment of Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
4. Amendment of subsection (a) and Note filed 8-5-2008; operative 9-4-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 34).
§59340. Provision of Information to Chancellor.
Note • History
(a) Within 150 days of receiving a complaint which does not involve employment discrimination, the district will either:
(1) forward the following to the Chancellor:
(A) A copy of the final district decision rendered by the governing board or a statement indicating the date on which the administrative determination became final pursuant to section 59338(a) or (d);
(B) A copy of the notice to the complainant required pursuant to section 59338(a) or (d);
(C) A copy of the complainant's appeal of the district's administrative determination pursuant to section 59338(a); and
(D) Such other information as the Chancellor may require; or
(2) Notify the Chancellor that the complainant has not filed an appeal with the district governing board and that the district has closed its file.
(b) For a period of at least three years after closing a case, including a case involving employment discrimination, the district shall retain and make available to the Chancellor upon request the original complaint, the documents referenced in sections 59336 and 59338, and the documents identified in subdivision (a) of this section.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code.
HISTORY
1. Amendment filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Repealer of subsections (a)-(c) and subsection relettering filed 2-7-2001; operative 3-9-2001. Submitted to OAL for printing only (Register 2001, No. 6).
3. Amendment filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
4. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
5. Amendment of section heading and section filed 8-5-2008; operative 9-4-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 34).
§59342. Extensions; Failure to Comply.
Note • History
(a) If a district, for reasons beyond its control, is unable to comply with the 90-day or 150-day deadline specified in sections 59336 or 59340, the district may file a written request that the Chancellor grant an extension of the deadline. Where an extension is deemed necessary by the district, it must be requested from the Chancellor regardless of whether or not the case involves employment discrimination. The request shall be submitted no later than ten (10) days prior to the expiration of the deadline established pursuant to sections 59336 or 59340 and shall set forth the reasons for the request and the date by which the district expects to be able to submit the required materials.
(b) A copy of the request for an extension shall be sent to the complainant, who shall be notified that he or she may file written objections with the Chancellor within five (5) days of receipt.
(c) The Chancellor may grant the request unless delay would be prejudicial to the investigation. If the Chancellor grants an extension of the 90-day deadline, the 150-day deadline is automatically extended by an equal amount.
(d) If a district fails to comply with the requirements of sections 59336 or 59340 by the required deadline, including any extension granted pursuant to this section, the Chancellor may proceed to review the case as provided in article 4 (commencing with section 59350) of this subchapter based on the original complaint and any other relevant information then available.
NOTE
Authority cited: Sections 66271.7, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code.
HISTORY
1. New section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Amendment of subsections (a), (c) and (d) filed 2-7-2001; operative 3-9-2001. Submitted to OAL for printing only (Register 2001, No. 6).
3. Amendment filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
4. Amendment of subsection (c) filed 4-15-2002; operative 5-15-2002. Submitted to OAL for printing only (Register 2002, No. 23).
5. Amendment of section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
6. Amendment of subsection (a) filed 8-5-2008; operative 9-4-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 34).
Article 4. Chancellor's Procedure to Effect Compliance
§59350. Review for Reasonable Cause.
Note • History
(a) The Chancellor shall review the materials submitted by the district pursuant to sections 59336 and 59340, together with the complainant's appeal, and determine whether there is reasonable cause to believe the district has violated the requirements of this subchapter.
(b) Failure by the complainant to file an appeal pursuant to section 59339 shall not preclude the Chancellor from finding reasonable cause to believe the district has violated the requirements of this subchapter.
(c) If the Chancellor finds there is no reasonable cause to believe a violation has occurred, the Chancellor shall immediately notify both the complainant and the district.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code.
HISTORY
1. Amendment of subsections (a) and (b) and amendment of Note filed 2-7-2001; operative 3-9-2001. Submitted to OAL for printing only (Register 2001, No. 6).
2. Amendment filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
3. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§59351. New Issues Raised on Appeal.
Note • History
If, upon review of the materials submitted by the complainant pursuant to section 59339(a), the Chancellor's Office finds that issues or facts not included in the complaint have been raised for the first time on appeal, the Chancellor's Office will provide the district a reasonable opportunity to respond to the new issues or facts raised by the complainant.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code.
HISTORY
1. New section filed 2-7-2001; operative 3-9-2001. Submitted to OAL for printing only (Register 2001, No. 6).
2. Amendment of section heading and section filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
3. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
4. Amendment filed 8-5-2008; operative 9-4-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 34).
Note • History
If the Chancellor finds there is reasonable cause to believe a violation has occurred, the Chancellor shall investigate to determine whether there is probable cause to believe a violation has occurred.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code.
HISTORY
1. Amendment of Note filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
2. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
During the course of the investigation, the Chancellor shall seek to informally resolve the alleged violation. Such resolution shall be set forth in a written conciliation agreement. A copy of the written agreement shall be sent to the complainant.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code.
HISTORY
1. Amendment of Note filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
2. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
Within 120 days of initiating the investigation, the Chancellor shall take one of the following actions:
(a) Notify the district and the complainant that there is probable cause to believe the district has violated the provisions of this subchapter. The Chancellor shall allow the district to acquiesce in this finding prior to filing an accusation against the district.
(b) Notify the district and the complainant that there is no probable cause to believe the district has violated the provisions of this subchapter.
NOTE
Authority cited: Sections 66271.7, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code.
HISTORY
1. Amendment of section and Note filed 2-7-2001; operative 3-9-2001. Submitted to OAL for printing only (Register 2001, No. 6).
2. Amendment filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
3. Amendment of first paragraph and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
If the Chancellor finds the district has violated the provisions of this subchapter, and if the district does not acquiesce in that finding, the Chancellor shall initiate the hearing process pursuant to chapter 5 (commencing with section 11500) of part 1, division 3, title 2 of the Government Code, to determine whether the violation did occur.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code.
HISTORY
1. Amendment of section and Note filed 2-7-2001; operative 3-9-2001. Submitted to OAL for printing only (Register 2001, No. 6).
2. Amendment filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
3. Change without regulatory effect amending section and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
(a) Upon a determination that a district has violated the provisions of this subchapter, the Chancellor shall notify the district of the action he or she will take to effect compliance. The Chancellor may use any means authorized by law to effect compliance, including:
(1) Withhold all or part of the district's state support, including state general apportionment and/or growth funding;
(2) Make eligibility for future state support, including state general apportionment and/or growth funding, and/or eligibility for grants or contracts administered by the Chancellor's Office, conditional on compliance with specified conditions;
(3) Proceed in a court of competent jurisdiction for an appropriate order compelling compliance.
(b) No decision to curtail state funding to a district pursuant to this section shall be made until the Chancellor has determined that compliance cannot be secured by voluntary means.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135, 11136 and 11137, Government Code.
HISTORY
1. Amendment of subsections (a), (a)(2) and (b) and amendment of Note filed 2-7-2001; operative 3-9-2001. Submitted to OAL for printing only (Register 2001, No. 6).
2. Amendment filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
3. Amendment of subsections (a)(1)-(3) and amendment of Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
A decision by the Chancellor pursuant to section 59360 is subject to judicial review by the district, as provided by section 1094.5 of the Code of Civil Procedure.
NOTE
Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 66250 et seq. and 72011, Education Code; and Sections 11135 and 11136, Government Code.
HISTORY
1. Amendment of section and Note filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
2. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Subchapter 6. Waiver of Part-Time Instructor Limit [Repealed]
NOTE
Authority cited: Sections 71020 and 87613, Education Code. Reference: Section 87613, Education Code.
HISTORY
1. New Chapter 6 (Sections 59380-59388, not consecutive) filed 6-1-82; effective thirtieth day thereafter (Register 82, No. 23).
2. Repealer of Chapter 6 (Sections 59380-59388, not consecutive) filed 3-7-85; effective thirtieth day thereafter (Register 85, No. 10).
Subchapter 7. Instructional Materials
§59400. Required Instructional Materials.
Note • History
(a) The governing board of a district may, consistent with the provisions of this subchapter, require students to provide instructional materials required for a credit or noncredit course, provided that such materials are of continuing value to a student outside of the classroom setting, and provided that such materials are not solely or exclusively available from the district.
(b) Required instructional materials shall not include materials used or designed primarily for administrative purposes, class management, course management or supervision.
(c) Where instructional materials are available to a student temporarily through a license or access fee, the student shall be provided options at the time of purchase to maintain full access to the instructional materials for varying periods of time ranging from the length of the class up to at least two years. The terms of the license or access fee shall be provided to the student in a clear and understandable manner prior to purchase.
(d) Except as specifically authorized or required in the Education Code, the governing board of a community college district shall not require a student to pay a fee for any instructional materials required for a credit or noncredit course.
(e) The Chancellor's Office shall adopt guidelines for districts implementing this subchapter.
NOTE
Authority cited: Sections 66700, 70901 and 76365, Education Code. Reference: Sections 70901, 70902 and 76365, Education Code.
HISTORY
1. New chapter 7 (sections 59400-59408, not consecutive) filed 5-16-85; effective thirtieth day thereafter (Register 85, No. 20).
2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
3. Amendment of subsection (a) and Note filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
4. Editorial correction of History 2 (Register 95, No. 29).
5. Amendment of subchapter heading and section filed 8-8-2012; operative 9-7-2012. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2012, No. 32).
Note • History
For the purposes of this subchapter the following definitions apply:
(a) “Required instructional materials” means any materials which a student must procure or possess as a condition of registration, enrollment or entry into a class; or any such material which the instructor determines is necessary to achieve the required objectives of a course.
(b) “Solely or exclusively available from the district” means that the instructional material is not available except through the district, or that the district requires that the instructional material be purchased or procured from it. A material shall not be considered to be solely or exclusively available from the district if it is provided to the student at the district's actual cost and:
(1) the instructional material is otherwise generally available, but is provided solely or exclusively by the district for health and safety reasons; or
(2) the instructional material is provided in lieu of other generally available but more expensive material which would otherwise be required.
(c) “Required instructional materials which are of continuing value outside of the classroom setting” are materials which can be taken from the classroom setting, and which are not wholly consumed, used up, or rendered valueless as they are applied in achieving the required objectives of a course which are to be accomplished under the supervision of an instructor during the class.
NOTE
Authority cited: Sections 66700, 70901 and 76365, Education Code. Reference: Sections 70901, 70902 and 76365, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment of opening statement, subsections (a) and (c)-(c)(2) and Note filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Editorial correction of History 1 (Register 95, No. 29).
4. Amendment of first paragraph and new subsection (e) filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
5. Amendment filed 8-8-2012; operative 9-7-2012. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2012, No. 32).
§59404. District Policies and Regulations for Instructional Materials.
Note • History
(a) The governing board of a community college district which requires that students provide instructional materials for a course shall adopt policies or regulations, consistent with the provisions of this subchapter, which specify the conditions under which such materials will be required. These policies and regulations shall direct instructors to take reasonable steps to minimize the cost and ensure the necessity of instructional materials.
(b) The policies or regulations specified in subdivision (a) shall be published in each college catalog developed after the date of adoption.
NOTE
Authority cited: Sections 66700, 70901 and 76365, Education Code. Reference: Sections 70901, 70902 and 76365, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment of section and Note filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Editorial correction of History 1 (Register 95, No. 29).
4. Amendment filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
5. Amendment of section heading and subsection (a) filed 8-8-2012; operative 9-7-2012. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2012, No. 32).
Note • History
The governing board of a community college district which prescribes required instructional materials for its courses shall respond to periodic surveys or inquiries of the Chancellor on the subject.
NOTE
Authority cited: Sections 66700, 70901 and 76365, Education Code. Reference: Sections 70901, 70902 and 76365, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment of Note filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Editorial correction of History 1 (Register 95, No. 29).
4. Amendment filed 8-8-2012; operative 9-7-2012. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2012, No. 32). Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2012, No. 32).
§59406.5. Reports Re Instructional Materials Used.
Note • History
Each district board shall make reports, whenever required, directly to the Board of Governors or Chancellor's Office, concerning the instructional materials used in its colleges.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Editorial correction of History 1 (Register 95, No. 29).
§59408. Violations of Subchapter.
Note • History
The governing board of a district which prescribes required instructional materials in violation of this subchapter shall be deemed to have established a student fee not expressly established by law.
NOTE
Authority cited: Sections 66700, 70901 and 76365, Education Code. Reference: Sections 70901, 70902 and 76365, Education Code.
HISTORY
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment of section heading, text and Note filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Editorial correction of History 1 (Register 95, No. 29).
4. Change without regulatory effect amending section heading and section filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
5. Amendment filed 8-8-2012; operative 9-7-2012. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2012, No. 32).
Subchapter 7.5. Student Financial Obligations
§59410. Withholding Grades, Transcripts, etc., for Nonrepayment of Financial Obligations.
Note • History
The governing board of a community college district may provide by appropriate rules and regulations that grades, transcripts, diplomas and registration privileges, or any combination thereof, shall be withheld from any student or former student who has been provided with written notice that he or she has failed to pay a proper financial obligation due to the district or a college. Any item or items withheld shall be released when the student satisfactorily meets the financial obligation.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New section filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. New subchapter 7.5 heading filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Editorial correction of History 1 (Register 95, No. 29).
Subchapter 8. District Reorganization
§59420. Newly Formed District.
Note • History
A community college district is a newly formed district up to the close of the fiscal year in which its formation became effective for all purposes.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. New subchapter 8 and section filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
Note • History
When the territory of a district is reorganized, any funds derived from the sale of the bonds issued by the former district shall be used for the acquisition, construction, or improvement of college property only in the territory which comprised the former district or to discharge the bonded indebtedness of the former district, except that if the bonded indebtedness is assumed by the new district, the funds may be used in any area of the new district for the purposes for which the bonds were originally voted.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. Renumbering and amendment of former section 53530 to section 59422 filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
§59424. Territory of District Becoming Part of Two or More Districts; Disposition of Records.
Note • History
If all the territory of any reorganized district becomes part of two or more districts, and the inclusion in the two or more districts of the several portions of territory comprising the whole of the original district is effective for all purposes on the same date, the records of the original district shall be disposed of as follows:
(a) All records of the original district which are required by law to be kept on file shall be deposited with the governing board of the district which, after the reorganization has become effective for all purposes, has located within its boundaries the former office of the superintendent of the original district.
(b) Records of employees shall be transferred to the district thereafter employing the personnel or thereafter maintaining the last place of employment.
(c) Records of students shall be transferred to the district which, after the date on which the reorganization becomes effective for all purposes, maintains the college in which a student was last enrolled.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
HISTORY
1. Renumbering and amendment of former section 53540 to section 59424 filed 5-15-93; operative 6-4-93 (Register 93, No. 25).
Subchapter 9. Nondiscrimination in Public Works Contracting in the California Community Colleges
Note • History
(a) The Board of Governors confirms that contracting opportunities shall not be denied because of discrimination and encourage broad opportunities for the participation of business enterprises, including minority, women, and disabled veteran business enterprise participation in the award of district contracts consistent with this subchapter for contracts for construction, public works, professional services, materials, supplies, equipment, alteration, repair, or improvement. However, each district shall have flexibility to determine how to provide inclusive opportunities for any given contract.
(b) As part of their efforts to ensure nondiscrimination in their public works contracting programs, districts may collect data concerning the participation of contractors, including minority business enterprises, women business enterprises, and disabled veteran business enterprises in the award of district contracts to verify that artificial barriers to participation on the basis of race, gender, or disability do not exist.
(c) Nothing in this subchapter authorizes any district to discriminate in awarding contracts on the basis of any characteristic protected from discrimination under subchapter 5, commencing with section 59300.
(d) Nothing in this subchapter shall be construed to conflict with or be inconsistent with the provisions of article 1, section 31 of the California Constitution or to authorize conduct that is in conflict with or is inconsistent with such provisions.
NOTE
Authority cited: Sections 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 11135 and 11139.8, Government Code.
HISTORY
1. New subchapter 9 and section filed 12-29-93; operative 1-28-94. Submitted to OAL for printing only (Register 94, No. 6). For prior history of former chapter 11 (sections 59500-59503), see Register 88, No. 16.
2. Editorial correction removing duplicative sections and amending History 1 (Register 98, No. 18).
3. Amendment of subchapter heading, section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
The following definitions apply for purposes of data collection:
(a) “Certification” means a process to identify the status of minority, women, and disabled veteran business enterprises and of other contractors or potential contractors.
(b) “Contract” includes any agreement or joint development agreement to provide labor, services, material, supplies, or equipment in the performance of a public works contract, franchise, concession, or lease granted, let, or awarded for and on behalf of the district. The term “contract” does not include payments to utility companies or purchases, leases or services secured through other public agencies and corporations, the Department of General Services, or the federal government pursuant to Public Contract Code sections 20652 and 20653 and Education Code section 81653;
(c) “Contractor” means any person or persons, regardless of any characteristic protected from discrimination under subchapter 5, commencing with section 59300, whether or not a minority business enterprise, women business enterprise, or disabled veteran business enterprise, who enters into a contract with a district.
(d) “Disabled veteran business enterprise” means a business enterprise certified as a disabled veteran business enterprise by the Department of General Services' Office of Small Business and Disabled Veteran Business Enterprise Services pursuant to Military and Veterans Code, section 999, or a business enterprise that certifies that it has met such standards.
(e) “District” means any community college district, board of trustees or officer, employee, or agent of such a district or board empowered to enter into contracts on behalf of the district.
(f) “MBE/WBE/DVBE” means a minority business enterprise, a women business enterprise, and/or a disabled veteran business enterprise. Although a business enterprise may qualify under multiple categories, the entry shall be designated in one specific category for the purposes of these regulations.
(g) “Minority business enterprise” means a business concern that meets all of the following criteria:
(1) The business is an individual proprietorship, partnership, corporation, or joint venture at least 51 percent owned by one or more minority, or in the case of any business whose stock is publicly held, at least 51 percent of the stock is owned by one or more minority.
(2) A business whose management and daily operations are controlled by one or more minority who own the business.
(3) A business concern with its home office located in the United States that is not a branch or subsidiary or a foreign corporation, firm, or other business.
(h) “Women business enterprise” means a business concern that meets all of the following criteria:
(1) The business is an individual proprietorship, partnership, corporation, or joint venture at least 51 percent owned by one or more women, or in the case of any business whose stock is publicly held, at least 51 percent of the stock is owned by one or more women.
(2) A business whose management and daily operations are controlled by one of more women who own the business.
(3) A business concern with its home office located in the United States that is not a branch or subsidiary or a foreign corporation, firm, or other business.
NOTE
Authority cited: Sections 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 11135 and 11139.8, Government Code.
HISTORY
1. New section filed 12-29-93; operative 1-28-94. Submitted to OAL for printing only (Register 94, No. 6).
2. Amendment of section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Note • History
Each district shall undertake appropriate efforts to provide participation opportunities in district contracts without regard to race, gender or disability or other discriminatory bases defined in section 59300. Appropriate efforts may include vendor and service contractor orientation programs related to participating in district contracts or in understanding and complying with the provisions of this subchapter, developing a listing of MBE/WBE/DVBE and other persons or enterprises that are potentially available as contractors or suppliers, or such other activities that may assist interested parties in being considered for participation in district contracts.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 11135 and 11139.8, Government Code.
HISTORY
1. New section filed 12-29-93; operative 1-28-94. Submitted to OAL for printing only (Register 94, No. 6).
2. Amendment of section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§59505. Monitoring Participation.
Note • History
Each district may maintain a certification process that allows it to assess the status of each of its contractors and the actual dollar amount attributable to MBE/WBE/DVBE participation and to non-MBE/WBE/DVBE enterprises in contracts described in this subchapter. Should the monitoring program indicate that disparities exist in the amount of dollars awarded through district contracts than would be expected in a contracting program that provides equal opportunity for participation, the district should assess the circumstances that may contribute to the disparity and implement methods that foster equal opportunity.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 11135 and 11139.8, Government Code.
HISTORY
1. New section filed 12-29-93; operative 1-28-94. Submitted to OAL for printing only (Register 94, No. 6).
2. Amendment of section heading, section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§59506. Certification. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901 and 71028, Education Code. Reference: Section 71028, Education Code; Article 1.5, Chapter 1, Part 1, Public Contract Code.
HISTORY
1. New section filed 12-29-93; operative 1-28-94. Submitted to OAL for printing only (Register 94, No. 6).
2. Repealer filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§59508. Enforcement of Contracts and Severability Provision.
Note • History
If any provision of this subchapter or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the subchapter which can be given effect without the invalid provision or application, and to this end, the provisions of this subchapter are severable.
NOTE
Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 11135 and 11139.8, Government Code.
HISTORY
1. New section filed 12-29-93; operative 1-28-94. Submitted to OAL for printing only (Register 94, No. 6).
2. Amendment of section and Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
§59509. Monitoring of Participation Goals. [Repealed]
Note • History
NOTE
Authority cited: Sections 66700, 70901 and 71028, Education Code. Reference: Section 71028, Education Code.
HISTORY
1. New section filed 12-29-93; operative 1-28-94. Submitted to OAL for printing only (Register 94, No. 6).
2. Amendment of section and Note filed 3-2-2005; operative 4-1-2005. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2005, No. 10).
3. Repealer filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
Division 7. Board of Governors of the California Maritime Academy
Chapter 1. California Maritime Academy
Subchapter 1. Employees
Article 1. Organization
Note • History
NOTE
Authority cited: Sections 70010, 70020 and 70021, Education Code. Reference: Sections 70020 and 70021, Education Code.
HISTORY
1. New Part VII (Sections 60000-60004, 60020-60024, 60030-60032, 60040, 60050, 60110 and 60111) filed 12-21-73; effective thirtieth day thereafter (Register 73, No. 51).
2. Repealer of Part VII (Sections 60001-60004, 60020-60024, 60030-60032, 60040, 60050, 60110-60111, 60300, 60310-60311, 60320) and new Part VII (Sections 60000-60004, 60020-60023, 60030-60034, 60040, 60050, 60060, 60100, 60300, 60310-60311, 60320) filed 12-19-75; effective thirtieth day thereafter (Register 75, No. 51). For prior history, see Register 73, No. 51, Register 74, No. 39 and Register 74, No. 52.
3. Editorial correction of NOTE filed 3-30-83 (Register 83, No. 14).
4. Repealer of subchapter 1, article 1, and section filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
Note • History
NOTE
Authority cited: Sections 70010, 70020 and 70021, Education Code. Reference: Sections 70020 and 70021, Education Code.
HISTORY
1. Amendment filed 3-8-78; effective thirtieth day thereafter (Register 78, No. 10).
2. Editorial correction of NOTE filed 3-30-83 (Register 83, No. 14).
3. Repealer filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
§60002. Appointment and Duties.
Note • History
NOTE
Authority cited: Sections 70010, 70020 and 70021, Education Code. Reference: Sections 70020 and 70021, Education Code.
HISTORY
1. Amendment filed 3-8-78; effective thirtieth day thereafter (Register 78, No. 10).
2. Editorial correction adding NOTE filed 3-30-83 (Register 83, No 14).
3. Repealer filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
Note • History
NOTE
Authority cited: Sections 70010, 70020 and 70021, Education Code. Reference: Sections 70020 and 70021, Education Code.
HISTORY
1. Editorial correction filed 3-30-83 (Register 83, No. 14).
2. Repealer filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
Note • History
NOTE
Authority cited: Sections 70010, 70020 and 70021, Education Code. Reference: Sections 70020 and 70021, Education Code.
HISTORY
1. Amendment filed 3-8-78; effective thirtieth day thereafter (Register 78, No. 10).
2. Editorial correction adding NOTE filed 3-30-83 (Register 83, No. 14).
3. Repealer filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
Article 2. Appointment, Promotion and Tenure of Non-Civil Service Employees
Note • History
NOTE
Authority cited: Sections 70010, 70020 and 70021, Education Code. Reference: Sections 70020 and 70021, Education Code.
HISTORY
1. Amendment of subsection (a) filed 3-8-78; effective thirtieth day thereafter (Register 78, No. 10).
2. Editorial correction adding NOTE filed 3-30-83 (Register 83, No. 14).
3. Repealer of article 2 and section filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
§60021. Qualifications of Academic Appointments.
Note • History
NOTE
Authority cited: Sections 70010, 70020 and 70021, Education Code. Reference: Sections 70020 and 70021, Education Code.
HISTORY
1. Amendment of subsection (a) filed 3-8-78; effective thirtieth day thereafter (Register 78, No. 10).
2. Editorial correction adding NOTE filed 3-30-83 (Register 83, No. 14).
3. Repealer filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
§60022. Appointment Procedures.
Note • History
NOTE
Authority cited: Sections 70010, 70020 and 70021, Education Code. Reference: Sections 70020 and 70021, Education Code.
HISTORY
1. Repealer of Section 60022, renumbering of Section 60022.1 to Section 60022 and amendment filed 3-8-78; effective thirtieth day thereafter (Register 78, No. 10).
2. Editorial correction of subsections (a) and (c) filed 3-30-83 (Register 83, No. 14).
3. Repealer filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
Note • History
NOTE
Authority cited: Sections 70010, 70020 and 70021, Education Code. Reference: Sections 70020 and 70021, Education Code.
HISTORY
1. Renumbering of Section 60022.3 to Section 60022.1 and amendment filed 3-8-78; effective thirtieth day thereafter (Register 78 No. 10).
2. Editorial correction adding NOTE filed 3-30-83 (Register 83, No. 14).
3. Repealer filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
§60022.2. Tenure Considerations upon Transfer.
Note • History
NOTE
Authority cited: Sections 70010, 70020 and 70021, Education Code. Reference: Sections 70020 and 70021, Education Code.
HISTORY
1. Amendment filed 3-8-78; effective thirtieth day thereafter (Register 78, No. 10).
2. Editorial correction filed 3-30-83 (Register 83, No. 14).
3. Repealer filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
§60022.3. Contract Continuation.
Note • History
NOTE
Authority cited: Sections 70010, 70020 and 70021, Education Code. Reference: Sections 70020 and 70021, Education Code.
HISTORY
1. Renumbering of Section 60022.4 to Section 60022.3 and amendment filed 3-8-78; effective thirtieth day thereafter (Register 78, No. 10).
2. Editorial correction filed 3-30-83 (Register 83, No. 14).
3. Repealer filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
§60023. Promotion of Academic Employees.
Note • History
NOTE
Authority cited: Sections 70010, 70020 and 70021, Education Code. Reference: Sections 70020 and 70021, Education Code.
HISTORY
1. Amendment filed 3-8-78; effective thirtieth day thereafter (Register 78, No. 10).
2. Editorial correction of subsections (c)-(e) filed 3-30-83 (Register 83, No. 14).
3. Repealer filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
Article 3. Tenure and Notice
Note • History
NOTE
Authority cited: Sections 70010, 70020 and 70021, Education Code. Reference: Sections 70020 and 70021, Education Code.
HISTORY
1. Editorial correction adding NOTE filed 3-30-83 (Register 83, No. 14).
2. Repealer of article 3 and section filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
Note • History
NOTE
Authority cited: Sections 70010, 70020 and 70021, Education Code. Reference: Sections 70020 and 70021, Education Code.
HISTORY
1. Amendment filed 3-8-78; effective thirtieth day thereafter (Register 78, No. 10).
2. Editorial correction adding NOTE filed 3-30-83 (Register 83, No. 14).
3. Repealer filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
§60032. Removal of a Tenured Person.
Note • History
NOTE
Authority cited: Sections 70010, 70020 and 70021, Education Code. Reference: Sections 70020 and 70021, Education Code.
HISTORY
1. Editorial correction filed 3-30-83 (Register 83, No. 14).
2. Repealer filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
§60033. Evaluation of Probationary Academic Employees.
Note • History
NOTE
Authority cited: Sections 70010, 70020 and 70021, Education Code. Reference: Sections 70020 and 70021, Education Code.
HISTORY
1. Amendment filed 3-8-78; effective thirtieth day thereafter (Register 78, No. 10).
2. Editorial correction filed 3-30-83 (Register 83, No. 14).
3. Repealer filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
§60033.1. Evaluation of Probationary Academic Employees for Determination of Tenure.
Note • History
NOTE
Authority cited: Sections 70010, 70020 and 70021, Education Code. Reference: Sections 70020 and 70021, Education Code.
HISTORY
1. New section filed 6-22-78; effective thirtieth day thereafter (Register 78, No. 25).
2. Editorial correction of NOTE filed 3-30-83 (Register 83, No. 14).
3. Repealer filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
§60034. Granting of Contract Continuation to Academic Employees.
Note • History
NOTE
Authority cited: Sections 70010, 70020 and 70021, Education Code. Reference: Sections 70020 and 70021, Education Code.
HISTORY
1. Amendment filed 3-8-78; effective thirtieth day thereafter (Register 78, No. 10).
2. Editorial correction filed 3-30-83 (Register 83, No. 14).
3. Repealer filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
Article 4. Grievances
Note • History
NOTE
Authority cited: Sections 70010, 70020 and 70021, Education Code. Reference: Sections 70020 and 70021, Education Code.
HISTORY
1. Amendment of subsections (a) and (c)(4) filed 3-8-78; effective thirtieth day thereafter (Register 78, No. 10).
2. Editorial correction filed 3-30-83 (Register 83, No. 14).
3. Repealer of article 4 and section filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
Article 5. Discipline
Note • History
NOTE
Authority cited: Sections 70010, 70020 and 70021, Education Code. Reference: Sections 70020 and 70021, Education Code.
HISTORY
1. Editorial correction filed 3-30-83 (Register 83, No. 14).
2. Repealer of article 5 and section filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
Article 6. Resignation
§60060. Automatic Resignation.
Note • History
NOTE
Authority cited: Sections 70010, 70020 and 70021, Education Code. Reference: Sections 70020 and 70021, Education Code.
HISTORY
1. Amendment filed 3-8-78; effective thirtieth day thereafter (Register 78, No. 10).
2. Editorial correction filed 3-30-83 (Register 83, No. 14).
3. Repealer of article 6 and section filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
Article 7. The California Maritime Academy--Conflict of Interest Code
NOTE
Authority cited: Sections 87300 and 87304, Government Code. Reference: Sections 87300 et seq., Government Code.
HISTORY
1. New Article 7 (sections 60070-60080) filed 6-22-78; effective thirtieth day thereafter. Approved by Fair Political Practices Commission April 21, 1977. (Register 78, No. 25).
2. Repealer of Article 7 (sections 60070-60080) and new Article 7 (section 60070 and Appendix) filed 2-26-81; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 12-1-80 (Register 81, No. 9).
3. Amendment of section 60070 filed 6-17-92; operative 8-17-92. Submitted to OAL for printing only. Approved by Fair Political Practices Commission 4-24-92 (Register 92, No. 29).
4. Repealer of article 7 and section filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
Subchapter 2. Administration
Article 1. Means of Collection
§60100. Debts Owed to the California Maritime Academy.
Note • History
NOTE
Authority cited: Sections 70010, 70020 and 70021, Education Code. Reference: Sections 70020 and 70021, Education Code.
HISTORY
1. Editorial renumbering and correction of former Article 1 (Section 60101) to Article 3 (Section 60325) in Subchapter 3; and editorial renumbering of former Article 2 (Sections 60120 and 60121) to Article 1 (Sections 60100 and 60101) filed 3-30-83 (Register 83, No. 14).
2. Repealer of subchapter 2, article 1 and section filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
§60101. Withholding of Services for Nonpayment of Debts.
Note • History
NOTE
Authority cited: Sections 70010, 70020 and 70021, Education Code. Reference: Sections 70020 and 70021, Education Code.
HISTORY
1. Editorial correction filed 3-30-83 (Register 83, No. 14).
2. Repealer filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
Article 2. Emergency Meeting
§60110. Rules and Procedures for Emergency Meeting of the Board of Governors.
Note • History
NOTE
Authority cited: Sections 70010, 70020 and 70021, Education Code. Reference: Sections 70020 and 70021, Education Code.
HISTORY
1. Editorial renumbering of former Article 2 (Sections 60120 and 60121) to Article 1 (Sections 60100 and 60101) and editorial renumbering of former Article 3 (Section 60150) to Article 2 (Section 60110) filed 3-30-83 (Register 83, No. 14). For prior history, see Register 76, No. 23.
2. Repealer of article 2 and section filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
§60120. Debts Owed to the California Maritime Academy.
History
HISTORY
1. Editorial renumbering of Section 60120 to Section 60100 filed 3-30-83 (Register 83, No. 14). For prior history, see Register 76, No. 23.
2. Repealer filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
§60121. Withholding of Services for Nonpayment of Debts.
History
HISTORY
1. Editorial renumbering and correction of Section 60121 to Section 60101 filed 3-30-83 (Register 83, No. 14). For prior history see Register 76, No. 23.
2. Repealer filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
Article 3. Emergency Meeting
NOTE
Authority cited: Sections 26051, 26052 and 26061, Education Code; Section 11125(a), Government Code. Reference: Sections 26051, 26052 and 26061, Education Code.
HISTORY
1. New Article 3 (Section 60150) filed 6-1-76; effective thirtieth day thereafter (Register 76, No. 23).
2. Editorial renumbering of Article 3 (Section 60150) to Article 2 (Section 60110) filed 3-30-83 (Register 83, No. 14).
3. Repealer of article 3 (section 60150) filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
Subchapter 3. Student Fees
Article 1. Establishment and Collection of Fees
§60300. Authority of President.
Note • History
NOTE
Authority cited: Sections 70010, 70020 and 70021, Education Code. Reference: Sections 70060, 70061, 70062, 70063, and 70065, Education Code.
HISTORY
1. Amendment filed 11-17-78; effective thirtieth day thereafter (Register 78, No. 46).
2. Editorial correction of NOTE filed 3-30-83 (Register 83, No. 14).
3. Repealer of subchapter 3, article 1 and section filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
Article 2. Determination of Residency
Note • History
NOTE
Authority cited: Sections 70010, 70020 and 70021, Education Code. Reference: Sections 70060, 70061, 70062, 70063, and 70065, Education Code.
HISTORY
1. Repealer of Article 2 (Sections 60310 and 60311) and renumbering of Article 3 (Section 60320) to Article 2 (Section 60320) filed 11-17-78; effective thirtieth day thereafter (Register 78, No. 46).
2. Editorial correction filed 3-30-83 (Register 83, No. 14).
3. Repealer of article 2 and section filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
Article 3. Refund of Fees
Note • History
NOTE
Authority cited: Sections 70010, 70020 and 70021, Education Code. Reference: Sections 70060, 70061, 70062, 70063 and 70065, Education Code.
HISTORY
1. Editorial renumbering of former Article 1 (Section 60100) of Subchapter 2 to Article 3 (Section 60325) of Subchapter 3 filed 3-30-83 (Register 83, No. 14).
2. Repealer of article 3 and section filed 6-30-95; operative 7-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).
Division 7.5. Private Postsecondary Education
Chapter 1. Bureau Administration
Article 1. General Provisions
Note • History
(a) “Academic Freedom” means the degree to which faculty at an institution are allowed latitude with respect to their discussions with students and the positions they take. Under such a policy, a faculty member can articulate or even advocate positions or concepts which may be controversial in nature without fear of retribution or reprisal.
(b) “Act” means The California Private Postsecondary Education Act of 2009.
(c) “Chief academic officer” means the person primarily responsible for the administration of an institution's academic affairs including the supervision of faculty, development of educational programs and curricula, and implementation of the institution's mission, purposes and objectives.
(d) “Chief executive officer” means the person primarily responsible for the overall administration of an institution, including the supervision of the chief academic officer and the chief operating officer. The chief executive officer is often, but need not be, called the “president.”
(e) “Chief operating officer” means the person primarily responsible for the administration of an institution's business operation, including finances, management, personnel, and contracting for goods, services, or property.
(f) “Code” means the California Education Code.
(g) “Credential” means publicly demonstrated skills and experiences whose achievement has been recognized by an official credential or award given by a professional association. This recognition can also be achieved if there is a general acceptance and recognition of those credentials by members of the profession or industry in the field in which the person will teach.
(h) “Credit” means a measure of college or university level instruction that is evaluated by duly qualified faculty; it is also the same as “unit” or “unit of credit.”
(i) “Degree program” means an educational program leading to the award of an academic degree as defined in section 94830 of the Code.
(j) “Duly qualified faculty” or “faculty member” means a person or people who satisfy the requirements of section 71720.
(k) “Education offered for purpose of personal entertainment, pleasure or enjoyment” means education offered for purposes of play, amusement or relaxation, including education offered for the purpose of teaching the fundamentals, skills or techniques of a hobby or activity. It does not include education that in any manner does any of the following:
(1) Enables a student to qualify for any immigration status, for which an institution is permitted to issue a Certificate of Eligibility for Nonimmigrant Student Status by the United States Immigration and Customs Enforcement.
(2) Facilitates the development of learning skills or language proficiency to assist a student to:
(A) learn English as a second language, unless the institution exclusively enrolls students for an intensive English program that is touristic in nature, and provides for transportation, housing, and cultural and recreational activities; or
(B) enhance language skills for any business or occupational purpose.
(3) Assists a student to prepare for a test administered in conjunction with any undergraduate or graduate educational program.
(4) Is an educational service offered to lead to any employment in any occupation or job title.
(5) Is represented to enable a student to use already existing knowledge, training, or skills in the pursuit of an occupation or to develop new or enhance existing knowledge, training, or skills in connection with any occupation or job title.
(l) “Financial aid officer” means any person involved in administering the participation of the institution or any of its students in any federal or state student loan or grant program, including any person who assists students to apply for, disburses the proceeds of, or regularly explains student rights and obligations under, loans or grants subject to any federal or state program.
(m) “Full-time study” means the equivalent of, if measured in credit hours, 24 semester or trimester, or 36 quarter hours, or if measured in clock hours, 900 hours, to be completed within 30 weeks of instruction.
(n) “Innovative method of instruction” or “unique method of instruction” means a new method of instruction, not previously generally recognized by accredited and approved degree granting institutions, as a reasonable approach to teaching a specific curriculum.
(o) “Institution director” means the person who is responsible for administering the daily operations of the institution and has supervisorial authority over all other administrators and instructors.
(p) “Instructor” means a person who is responsible to conduct one or more classes or components of an institution's educational program.
(q) “Mission” means an institution's stated educational reasons to exist. A mission statement contains all of the following characteristics:
(1) The mission includes the institution's broad expectations concerning the education that students will receive, including the acquisition of the body of knowledge presented in the educational program, the development of intellectual, analytical, and critical abilities, and the fostering of values such as a commitment to pursue lifelong learning; and
(2) The mission relates to the educational expectations of the institution's students, faculty and community that the institution serves.
(r) “Objectives” are the goals and methods by which the institution fulfills its mission and transforms it into measurable student learning outcomes for each educational program.
(s) “Prior experiential learning” or “college level learning experience” means learning of a postsecondary nature as documented learning from a related profession, college level equivalent tests, military training or other college level equivalent experience.
(t) “Quarter” means at least 10 weeks of instruction or its equivalent as described in subdivision (u)(2) of this section.
(u) “Quarter unit” means either of the following:
(1) At least ten (10) hours of college or university level instruction during a quarter plus a reasonable period of time outside of instruction which an institution requires a student to devote to preparation for planned learning experiences, such as preparation for instruction, study of course material, or completion of educational projects; or
(2) Planned learning experiences equivalent to the learning and preparation described in paragraph (1) as determined by duly qualified faculty responsible for evaluating learning outcomes for the award of unit credits.
(v) “Recreational Education” means education offered for the purpose of teaching the fundamentals, skills or techniques of sports or games.
(w) “Semester” means at least 15 weeks of instruction or its equivalent as described in subdivision (x)(2) of this section.
(x) “Semester unit” means either of the following:
(1) At least fifteen (15) hours of college or university level instruction during a semester plus a reasonable period of time outside of instruction which an institution requires a student to devote to preparation for planned learning experiences, such as preparation for instruction, study of course material, or completion of educational projects; or
(2) Planned learning experiences equivalent to the learning and preparation described in paragraph (1) as determined by duly qualified faculty responsible for evaluating learning outcomes for the award of unit credits.
(y) “Significant equipment” means equipment that is necessary for achieving the stated educational objectives.
(z) “Tuition” means the cost for instruction normally charged on a per unit or per hour basis. It does not include itemized fees paid to the Bureau or the cost of textbooks, supplies, transportation, or equipment.
(aa) “Unit” or “unit of credit” means a measure of college or university level instruction that is evaluated by duly qualified faculty.
NOTE
Authority cited: Sections 94803 and 94877, Education Code. Reference: Sections 94818, 94830, 94844, 94885 and 94923, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. New subsections (f)-(f)(5) and amendment of Note filed 7-3-96 as an emergency; operative 7-3-96 (Register 96, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-30-96 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction of History 3 (Register 97, No. 14).
5. Reinstatement of section as it existed prior to 7-3-96 emergency amendment by operation of Government Code section 11346.1(f); operative 12-31-96 (Register 97, No. 14).
6. New subsections (f)-(f)(5) and (g) and amendment of Note filed 4-4-97; operative 5-4-97 (Register 97, No. 14).
7. Amendment of chapter heading, section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of chapter heading, section and Note refiled with addition amendments 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 7-30-2010 order, including further amendment of section, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
10. Editorial correction of subsection (k)(2)(A) (Register 2011, No. 27).
§70010. Application of Division.
Note • History
This division applies to all institutions and persons subject to the provisions of the Act.
NOTE
Authority cited: Sections 94803 and 94877, Education Code. Reference: Sections 94801, 94875 and 94877, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Amendment of Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
4. Amendment of Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§70020. Principal Office of the Bureau.
Note • History
The principal office of the Bureau is located at 1625 North Market Blvd., Suite S-202, Sacramento, California, 95834; and the mailing address is P.O. Box 980818, West Sacramento, CA 95798-0818.
NOTE
Authority cited: Sections 94803 and 94877, Education Code. Reference: Sections 94875 and 94877, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Amendment of section heading, section Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
4. Amendment of section heading, section Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Article 2. Transition Provisions
§70030. Pending Applications; Fees.
Note • History
An institution that had an application for an approval to operate pending on June 30, 2007, and is applying for an approval to operate pursuant to section 94809 of the Code may only satisfy the requirements of that section if, in addition to the submission of the previous application being deemed by the Bureau to satisfy any new requirements, or the submission of information that the Bureau requires to correct deficiencies or omissions, it submits the appropriate fee pursuant to section 94930.5(a) of the Code. An application fee that was remitted with a previous application and not returned by the Bureau can be applied toward payment of the appropriate fee.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94809 and 94930.5, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. New article 2 heading and repealer and new section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
4. New article 2 heading and repealer and new section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§70040. Disclosures Regarding Prior Approvals and Pending Applications.
Note • History
(a) Pursuant to section 94802(b) of the Code, an institution with an application to renew an approval to operate pending with the former Bureau for Private Postsecondary and Vocational Education on June 30, 2007, shall, until the application is approved, include in its catalog and its enrollment agreement in at least the same size font as the majority of the information, and outlined with a bold line, the following statement:
Embedded Graphic 05.0114
(b) Pursuant to section 94809 of the Code, an institution that did not have an approval to operate issued by the former Bureau for Private Postsecondary and Vocational Education on or before June 30, 2007, shall, until an application for approval to operate is approved, include in its catalog and its enrollment agreement in at least the same size font as the majority of the information, and outlined with a bold line, the following statement:
Embedded Graphic 05.0115
An institution that has not filed an application for approval to operate may not state or imply that such an application has been filed with the Bureau.
NOTE
Authority cited: Sections 94803 and 94877, Education Code. Reference: Sections 94802 and 94809, Education Code.
HISTORY
1. New section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-30-2010 order, including amendment of section, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Chapter 2. Applications
§71000. Definitions. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310, 94312 and 94316, Education Code.
HISTORY
1. New chapter 2 (articles 1-18, sections 71000-71930, nonconsecutive) filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New chapter 2 and section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of chapter heading, deletion of article 1 heading and repealer of former article 1 (sections 71000-71020) and section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of chapter heading, deletion of article 1 heading and repealer of former article 1 (sections 71000-71020) and section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71005. Requirements For a “Course of Study.” [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310, 94312 and 94316, Education Code.
HISTORY
1. New section filed 4-19-94; operative 4-19-94 (Register 94, No. 16).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order, including amendment of section, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71010. Applicability of Chapter. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94305, 94310 and 94337, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71020. Vocational Diploma Programs Offered by Degree-Granting Institutions. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310, 94316, 94316.05 and 94316.1, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Article 1. Application for Approval to Operate and Offer Educational Programs for Non-Accredited Institutions
Note • History
(a) An applicant seeking approval to operate pursuant to Section 94886 of the Code, other than Approval to Operate by Accreditation pursuant to Section 94890(a)(1) of the Code, shall complete the “Application for Approval to Operate for an Institution Not Accredited,” Form Application 94886 (rev. 2/10). An applicant seeking approval to operate by accreditation pursuant to Section 94890(a)(1) of the Code shall comply with section 71390.
(b) An applicant shall submit the completed form, the information or documentation required by this Article, the appropriate application fee as provided in Section 94930.5(a)(1) of the Code, and any appropriate annual fee as required by Article 1 of Chapter 5 of this Division, to the Bureau.
(c) An application that fails to contain all of the information required by this article shall render it incomplete.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94886, 94887, 94888, 94890 and 94930.5, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Renumbering and amendment of former article 2 heading to article 1 (sections 71100-71380) and amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Renumbering and amendment of former article 2 heading to article 1 (sections 71100-71380) and amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order, including amendment of subsection (a), transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71110. Institution's Name, Address, Telephone Number of Primary Administrative Office.
Note • History
An institution shall provide the following information on the Form Application 94886:
(a) The name, telephone number, fax number and website address of the institution.
(b) The address of the institution's primary administrative location in California identified by street address. The institution's primary administrative location in California shall be deemed the institution's principal place of business.
(c) The mailing address of the institution, identified either by street address or by post office box number.
(d) The street address of each campus and branch at which the educational programs will be offered, including the identification of the institution's main location and branch locations. If an institution is applying for a branch in conjunction with the main location, all required information must be provided for each location.
(e) The name, address, email address, fax number and phone number of an individual who will function as the institution's contact person for the purposes of the Form Application 94886.
(f) The social security number for individuals or federal employer identification number for each partnership who is identified in the Form Application 94886 pursuant to section 71130(a)(1).
NOTE
Authority cited: Section 30, Business and Professions Code; and Sections 94803, 94877 and 94888, Education Code. Reference: Section 30, Business and Professions Code; and Sections 94887 and 94888, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section and Note refiled with additional amendments 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order, including further amendment of section, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71120. Form of Business Organization.
Note • History
The institution shall specify the form of business organization of the institution (e.g., sole proprietorship, general or limited partnership, for-profit corporation, nonprofit corporation, or Limited Liability Corporation). If the institution is incorporated, the institution shall also identify the state within which the institution is incorporated and the date of incorporation, and provide copies of the articles of incorporation and bylaws.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94851, 94887 and 94888, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71130. Institution Ownership and Control; Violations of Law.
Note • History
(a)(1) The institution shall identify the name, address, email address, and telephone number of each person, as defined in section 94855 of the Code, who owns or controls 25% or more of the stock or an interest in the institution and, to the extent applicable, each general partner, officer, corporate director, member of the board of directors and any other person who exercises substantial control over the institution's management or policies. For the purpose of this paragraph, a person exercises “substantial control over the institution's management or policies” if the person has the authority to cause the institution to expend money or incur debt in the amount of five thousand dollars ($5,000) or more in any year.
(2) For each address required, the institution shall provide a physical home address, and may request that the address, email address, and telephone number, of each person described in paragraph (1) be maintained as personal information.
(b) The institution shall describe the nature and percentage of the ownership interest and any other financial involvement in the institution of any person identified in subdivision (a) of this section.
(c) The institution shall provide a statement from any person identified in subdivision (a) of this section who --
(1) Was found in any judicial or administrative proceeding to have violated the Act or the law of any other state related to untrue or misleading advertising, the solicitation of prospective students for enrollment in an educational service, or the operation of a postsecondary school;
(2) Was denied any type of license on grounds set forth in Section 480 of the Business and Professions Code;
(3) Was adjudicated as responsible for the closure of an institution in which there were unpaid liabilities to the state or federal government or any uncompensated pecuniary losses suffered by students;
(4) Has stipulated to a judgment or administrative order or entered a consent decree involving any of the matters described in this section.
(5) Was convicted of any misdemeanor or felony as provided in Section 480(a)(1) of the Business and Professions Code;
(d) The institution shall furnish an explanation of any legal action pending against the institution or ownership or any of the institution's owners, officers, corporate directors, administrators, or instructors by any federal, state, or local law enforcement agency involving alleged acts of fraud, dishonesty, financial mismanagement, unpaid liabilities to any governmental agency or claims for pecuniary loss suffered by any student.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94885, 94887 and 94888, Education Code; and Sections 30 and 480, Business and Professions Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section and Note refiled with additional amendments 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71135. Agent for Service of Process.
Note • History
The institution shall include in its Form Application 94886 the name, physical address, telephone number, fax number, and e-mail address for the agent for service of process in California as required by section 94943.5 of the Code. The agent shall be at an address other than the address of the institution or any branch. The agent must confirm the information and acknowledge in writing that he or she is the designated agent for service of process. The information shall be kept current pursuant to section 74190.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94887, 94888 and 94943.5, Education Code.
HISTORY
1. New section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
2. New section refiled with amendments 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71140. Organization and Management.
Note • History
(a) The institution shall include in its Form Application 94886 an organization chart that shows the governance and administrative structure of the institution and the relationship between faculty and administrative positions.
(b) The institution shall provide a description of the job duties and responsibilities of each administrative and faculty position.
(c) The institution shall identify the chief executive officer, chief operating officer, and chief academic officer and describe their education, experience, and qualifications to perform their duties and responsibilities.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94885, 94887 and 94888, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Note • History
If the institution has a governing board, the Form Application 94886 shall include the name, work address, email address, and telephone number of each member of the governing board.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94885, 94887 and 94888, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71160. Institution Representative.
Note • History
The Form Application 94886 shall contain the name, work address, email address, fax number and telephone number of the person with whom the Bureau will correspond and conduct legal transactions on behalf of the institution.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94887 and 94888, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71170. Mission and Objectives.
Note • History
The institution shall describe in detail its mission and objectives.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94887 and 94888, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section heading, section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section heading, section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71180. Exemplars of Student Agreements.
Note • History
The institution shall include, with its Form Application 94886, exemplars of all student enrollment agreements and instruments of indebtedness.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94885, 94887, 94888 and 94902, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71190. Financial Aid Policies, Practices and Disclosures.
Note • History
If an institution receives financial aid because its students qualify for it under any state or federal financial aid program, the Form Application 94886 shall include a statement of its policies, practices, and disclosures regarding financial aid.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94885, 94887, 94888, 94909, 94911, 94919, 94920 and 94926, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section heading, section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section heading, section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71200. Advertising and Other Public Statements.
Note • History
(a) The institution shall include in its Form Application 94886 copies of advertising and other statements disseminated to the public in any manner by the institution or its representatives that concern, describe, or represent each of the following:
(1) The institution.
(2) Each educational program offered by the institution.
(b) If advertising is broadcast by television or radio, the Form Application 94886 shall also include a copy of the script.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94887, 94888 and 94897, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendment of subsection (b) 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order, including further amendment of subsection (b), transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71210. Instruction and Degrees Offered.
Note • History
(a) The institution shall identify and describe the educational program it offers, or proposes to offer. If the educational program is a degree program, the institution shall identify the full title which it will place on each degree awarded.
(b) In addition to the general title, such as “Bachelor of Arts” or “Master of Science,” each degree title shall include the name of a specific major field of learning involved.
(c) In addition, the institution shall list the following for each educational program offered:
(1) The admissions requirements, including minimum levels of prior education, preparation, or training;
(2) If applicable, information regarding the ability-to-benefit examination as required by section 94904 of the Code;
(3) The types and amount of general education required;
(4) The title of the educational programs and other components of instruction offered, including a description of the level of the courses (e.g., below college level, undergraduate level, graduate level);
(5) The method of instruction;
(6) The graduation requirements; and
(7) Whether the educational program is designed to fit or prepare students for employment in any occupation. If so, the Form Application 94886 shall identify each occupation and job title to which the institution represents the educational program will lead.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94887, 94888, 94904 and 94910, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order, including further amendment of subsection (b), transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71220. Description of Educational Program.
Note • History
For each educational program that the institution offers or proposes to offer, the Form Application 94886 shall contain a statement that the educational program meets the requirements of section 71710, as well as the following:
(a) A description of the educational program.
(b) A description of the equipment to be used during the educational program.
(c) A description of the number and qualifications of the faculty needed to teach the educational program.
(d) A projection, and the bases for the projection, of the number of students that the institution plans to enroll in the educational program during each of the three years following the date the Form Application 94886 was submitted.
(e) A description of the learning, skills, and other competencies to be acquired by students who complete the educational program.
(f) If licensure is a goal of an educational program, a copy of the approval from the appropriate licensing agency if required. A copy of the intent to approve conditioned solely upon institutional approval from the Bureau will also meet this requirement.
Upon request, the institution shall provide to the Bureau copies of the curriculum or syllabi required pursuant to section 71710.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94875, 94887, 94888, 94899, 94905 and 94909, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section heading, section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section heading, section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order, including further amendment of subsection (f), transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71230. Instruction in Languages Other Than English.
Note • History
If the institution offers an educational program, or a portion of it, in a language other than English, the Form Application 94886 shall contain a description of all of the following for each educational program or portion thereof.
(a) The language in which each educational program will be offered.
(b) A statement that the institution has contracted with sufficient duly qualified faculty who will teach each language group of students.
(c) The language of the textbooks and other written materials to be used by each language group of students.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94885, 94887 and 94888, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendment of subsection (b) 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71240. Financial Resources and Statements.
Note • History
(a) The Form Application 94886 shall contain a statement that the institution has and can maintain the financial resources required pursuant to section 71745.
(b) The institution shall submit current, reviewed financial statements at the time it applies for approval to operate. Each set of financial statements shall comply with Section 74115 of this chapter.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94885, 94887, 94888 and 94897, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section heading, section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section heading, section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order, including further amendment of subsection (b), transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Note • History
The Form Application 94886 shall include a statement that the institution has contracted with sufficient duly qualified faculty members who meet the qualifications of section 71720.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94885, 94887 and 94888, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71260. Facilities and Equipment.
Note • History
(a) For each program offered, the Form Application 94886 shall contain a description of the facilities and the equipment which is available for use by students at the main, branch, and satellite locations of the institution.
(b) For facilities that are leased or rented, the Form Application 94886 shall contain the name and address of the lessor or landlord, together with a copy of any use, lease, or rental agreements for the facilities.
(c) The description of the physical facilities shall include building diagrams or campus maps to assist the Bureau in locating these facilities. The diagrams or maps shall identify the location of classrooms, laboratories, workshops, and libraries.
(d) The description shall include specifications of significant equipment that demonstrate that the equipment meets the standards prescribed by the Code and this chapter and is sufficient to enable students to achieve the educational objectives of each education program.
(e) For each item of significant equipment, the description shall indicate whether the equipment is owned, leased, rented, or licensed for short- or long-term, or owned by another and loaned to be used without charge.
(f) The Form Application 94886 shall contain a list of all permits, certifications, or other evidence of inspections or authorizations to operate required by the jurisdictions within which the institution operates that the institution has obtained, and/or an explanation as to why those permits, certifications, or inspections have not yet been obtained.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94885, 94887 and 94888, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section and Note refiled with additional amendments 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71270. Libraries and Other Learning Resources.
Note • History
The Form Application 94886 shall include a description of library holdings, services, and other learning resources, including policies and procedures for supplying them to students who do not receive classroom instruction. The description need not consist of a list of each holding. The description shall include an explanation of how the library and other learning resources are sufficient to support the instructional needs of students and, if no facilities exist at the institution, how and when students may obtain access to a library and other learning resources as required by the curriculum.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94885, 94887 and 94888, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71280. Student Services -- Job Placement Assistance.
Note • History
If an institution represents to the public, in any manner, that it offers job placement assistance, the Form Application 94886 shall include a description of the job placement assistance that it provides.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94887 and 94888, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section heading, section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section heading, section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Note • History
The Form Application 94886 shall include a copy of the institution's catalog, in published or proposed-to-be-published form. The catalog shall meet the requirements of the Act and of section 71810.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94887, 94888, 94902, 94908, 94909 and 94911, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71300. Graduation or Completion Documents.
Note • History
The institution shall submit a copy of the document that is awarded to a graduating student upon successful completion of each educational program.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94885, 94887 and 94888, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section heading, section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section heading, section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71310. Recordkeeping; Custodian of Records.
Note • History
(a) The Form Application 94886 shall contain a description of how records required by Article 9 of the Act or this chapter are or will be organized and maintained, the types of documents contained in student files, how the records are stored, and whether academic and financial records are maintained in separate files. The description shall include a statement of the institution's procedures for security and safekeeping of records.
(b) The description shall include the name, physical address, email address, and telephone number of the custodian of records, and the physical addresses and telephone numbers of the offices or buildings where the records will be maintained.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94887, 94888, 94900 and 94900.5, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendment of subsection (b) 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71320. Self-Monitoring Procedures.
Note • History
The Form Application 94886 shall contain a description of the procedures used by the institution to assure that it is maintained and operated in compliance with the Act and this Division.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94885, 94887 and 94888, Education Code.
HISTORY
1. New section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 94, No. 16.
2. New section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 94, No. 16.
3. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71330. Operational Plan. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310, 94311.4 and 94330, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendment of subsections (b)(1)-(2) and (c) and filed 4-19-94 (Register 94, No. 16).
7. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71340. Additional Information.
Note • History
(a) The institution shall include in the Form Application 94886 any material facts, which have not otherwise been disclosed in the Form Application 94886 that without inclusion would cause the information in the Form Application 94866 to be false, misleading or imcomplete or that might reasonably affect the Bureau's decision to grant an approval to operate. In this context, a fact would be “material” if it would alter the Bureau's determination concerning the institution's ability to comply with any applicable provisions of the Act.
(b) The institution may also include in the Form Application 94886 any other facts which the institution would like the Bureau to consider in deciding whether to grant an approval to operate.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94887 and 94888, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section and Note refiled with additional amendments 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order, including further amendment of subsection (a), transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71350. Unavailable Information. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310 and 94330, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. Repealed by operation of Government Code section 11346.1(g) (Register 2010, No. 34).
6. Editorial correction of Histories (Register 2010, No. 34).
§71360. Approval for a Particular Educational Program or Degree Title. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310 and 94330, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71370. Certification of Compliance. [Repealed]
Note • History
NOTE
Authority cited: Sections 94310, 94312, 94321 and 94330, Education Code. Reference: Sections 94310, 94312, 94321 and 94330, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. Repealed by operation of Government Code section 11346.1(g) (Register 2010, No. 34).
6. Editorial correction of Histories (Register 2010, No. 34).
§71380. Signatures and Certification.
Note • History
(a) The Form Application 94886 shall be signed and dated, and each fact stated therein and each attachment thereto shall be declared to be true under penalty of perjury, as follows:
(1) By each owner of the institution, or
(2) If the institution is incorporated, by the chief executive officer of the corporation and each person who owns or controls 25 percent or more of the stock or interest in the institution, or
(3) By each member of the governing body of a nonprofit corporation.
(b) The declaration shall be in the following form:
“I declare under penalty of perjury under the laws of the State of California that the foregoing and all attachments are true and correct.
__________________________________ ____________________________________
(Date) (Signature)”
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Section 2015.5, Code of Civil Procedure; and Section 94888, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Article 2. Application for Approval to Operate and Offer Educational Programs for Accredited Institutions
Note • History
(a) An applicant seeking approval to operate by means of its accreditation pursuant to Section 94890(a)(1) of the Code shall complete the “Application for Approval to Operate for an Accredited Institution,” Form Application 94890 (rev. 2/10).
(b) An applicant shall submit to the Bureau the form required by subdivision (a) of this section, a certified copy of its current verification of accreditation granted by its accrediting agency, and the appropriate application fee, as provided in Section 94930.5(a)(3) of the Code.
(c) The application for Approval to Operate for an Accredited Institution shall include the following:
(1) The name, mailing address, telephone and fax numbers, website address and institution or school code of the institution.
(2) The name, mailing address, e-mail address, telephone and fax numbers of the institution contact person for the purposes of this application.
(3) The name, title and address of each person, as defined in section 94855 of the Code, who owns or controls 25% or more of the stock or an interest in the institution. The name, title and address of each general partner, officer, corporate director, member of the board of directors, and any other person who exercises substantial control over the institution's management or policies. For the purpose of this paragraph, a person exercises “substantial control over the institution's management or policies” if the person has the authority to cause the institution to expend money or incur debt in the amount of five thousand dollars ($5,000) or more in any year.
(A) For each address required, the institution shall provide a physical home address, and may request that the address, email address, and telephone number, of each person described in paragraph (3) be maintained as personal information.
(B) The federal employer identification number for partnerships or the social security number for individual owners identified in the application pursuant to section 71130(a)(1).
(d) The application shall be signed and dated, and each fact stated therein and each attachment thereto shall be declared to be true under penalty of perjury, as follows:
(1) Signatories:
(A) Each owner of the institution, or
(B) If the institution is incorporated, the chief executive officer of the corporation and each person who owns or controls 25 percent or more of the stock or interest in the institution, or
(C) Each member of the governing body of a nonprofit corporation.
(2) The declaration shall be in the following form:
“I declare under penalty of perjury under the laws of the State of California that the foregoing and all attachments are true and correct.
__________________________________ ____________________________________
(Date) (Signature)”
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Section 94890, Education Code.
HISTORY
1. New article 2 (section 71390) and section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
2. New article 2 (section 71390) and section refiled with amendments 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-30-2010 order, including further amendment of section, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Article 3. Applications for Verification of Exempt Status
Note • History
(a) In order to obtain verification from the Bureau that it is exempt pursuant to Section 94874 of the Code, an institution must complete “Application for Verification of Exempt Status,” Form Application 94874 (rev. 2/10).
(b) The application for verification of exemption shall include all of the following:
(1) The name, telephone number of the institution, and its website address;
(2) The physical address of the institution's primary administrative location in California;
(3) The mailing address of the institution;
(4) The name, address, email address, and telephone number of an individual who will function as the institution's contact person for the purposes of the application;
(5) Identification of the type of exemption or exemptions for which the institution believes it qualifies;
(6) If an institution is claiming an exemption under section 94874(b), 94874(e), 94874(h) and 94874(j) of the Code, identify the form of business organization of the institution (i.e., sole proprietorship, general or limited partnership, for-profit corporation or nonprofit corporation, or nonprofit religious corporation) and provide documentation verifying the form of business organization. If the institution is incorporated, the institution shall also identify the state within which the institution is incorporated and the date of incorporation;
(7) If an instituion is claiming an exemption under section 94874(d)(2), 94874(g), 94874(h), 94874(i), 94874(j) or 94874.1 of the Code, a letter from that entity indicating the validity of the accreditation or approval, and the name and contact information for a representative of that entity;
(8) If an institution is claiming an exemption under section 94874(a), 94874(b), 94874(d)(1), 94874(d)(2), 94874(e), 94874(g), for each educational program offered or proposed to be offered by the institution, the following information:
(A) The title and description of the educational program;
(B) The full title and description of any diploma, certificate, degree or other similar title awarded to students who complete the program; and
(9) The total institutional charges for the educational program, and whether or not the institution is approved to offer federal financial assistance if applying for an exemption under Section 94874(f) of the Code; and
(10) Admission criteria if applying for an exemption under section 94874(b) of the Code.
(11) In addition to other requirements of this section, institutions claiming exemption under section 94874(e) of the Code shall provide verification of operation as a nonprofit religious corporation pursuant to Part 4 (commencing with Section 9110) of Division 2 of Title 1 of the Corporations Code.
(12) In addition to other requirements of this section, institutions claiming exemption under section 94874(h) shall provide verification of operation under section 501(c)(3) of the United States Internal Revenue Code and verification that the organization exclusively provides workforce development or rehabilitation services.
(13) In addition to other requirements of this section, institutions claiming exemption under section 94874(j) shall provide documentation of:
(A) operation in California for a minimum of 25 years; and
(B) a statement that the institution has never filed for bankruptcy; and
(C) the cohort default rate on guaranteed student loans for the most recent three years; and
(D) cancellation and refund policies; and
(E) copies of the most recent composite scores of equity, primary reserve, and net income ratios as submitted to the United Stated Department of Education; and
(F) the most recent IRS Form 990.
(14) A statement that the applicant understands that a verification of exemption obtained from the Bureau is not an Approval to Operate issued pursuant to section 94886 or 94890 of the Code, and that the institution is prohibited from advertising, claiming, or implying that it has been approved to operate by the Bureau, unless it has been issued such an approval; and
(15) Any material facts as defined by section 71340(a) of this Chapter.
(c) The application shall be signed and dated, and each fact stated therein and each attachment thereto shall be declared to be true under penalty of perjury, as follows:
(1) Signatories:
(A) Each owner of the institution, or
(B) If the institution is incorporated, the chief executive officer of the corporation and each person who owns or controls 25 percent or more of the stock or interest in the institution, or
(C) Each member of the governing body of a nonprofit corporation.
(2) The declaration shall be in the following form:
“I declare under penalty of perjury under the laws of the State of California that the foregoing and all attachments are true and correct.
__________________________________ ____________________________________
(Date) (Signature)”
(d) Each signatory to the application shall provide his or her name, title, ownership interest, and address.
(e) An applicant shall submit to the Bureau the completed form required by subdivision (a) of this section, and a fee provided in section 74004.
NOTE
Authority cited: Sections 94803 and 94877, Education Code. Reference: Sections 94874.1 and 94874.7, of the Education Code.
HISTORY
1. New article 3 (section 71395) and section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
2. New article 3 (section 71395) and section refiled with amendments 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-30-2010 order, including further amendment of section, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Article 4. Processing of Applications
§71400. Processing of Completed Applications.
Note • History
(a) Action by the Bureau shall not commence until a completed Form Application 94886 for approval to operate, or for verification of exemption, has been submitted to the Bureau for its review.
(b) Within 30 days after receipt of a Form Application 94886 for approval to operate as required by Article 1, or for verification of exemption, the Bureau shall notify the institution in writing that the application is complete and has been accepted for filing or that the application is not complete. If the application is not complete, the Bureau shall specify in the notice what additional information or documents are needed from the institution in order for the application to be deemed complete.
(c) The Bureau shall consider an application to be complete if it appears that the institution has submitted all of the information, documents, and fees required by the Act and by Article 2 of this chapter. This includes any additional documents the Bureau may request to determine if the institution's proposed implementation meets the minimum operating standards of Section 94885 of the Code.
(d) Pursuant to section 94887 of the Code, the Bureau will either grant or deny an application. When specific minor deficiencies are identified during processing but the institution is substantially in compliance with the requirements of the Code and this Division, a provisional or conditional authorization to operate may be granted for a period not to exceed six (6) months, to permit the institution to correct those deficiencies identified. If those deficiencies are not corrected after the first period of provisional approval, or the condition upon which an approval may be granted is not satisfied, the provisional or conditional authorization to operate may be extended for a period not to exceed six (6) months if the program demonstrates to the Bureau a good faith effort and ability to correct the deficiencies. A provisional or conditional authorization to operate shall expire at the end of its stated period and the application shall be deemed denied, unless the deficiencies are removed prior to its expiration and an approval to operate has been granted before that date.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94887 and 94888, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendment of subsection (c) 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Renumbering and amendment of former article 3 heading to article 4 (sections 71400-71405) and amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Renumbering and amendment of former article 3 heading to article 4 (sections 71400-71405) and amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order, including further amendment of section, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71400.5. Denial of an Application.
Note • History
(a) The inclusion of false or misleading information, or the intentional or negligent omission of pertinent information on any application may result in the denial of the application or a delay in processing, and may be grounds for action pursuant to Article 18 of the Act.
(b) In addition to denying an application pursuant to section 94887 of the Code, the Bureau may deny any application based on any act that constitutes grounds for the denial of a license under Section 480 of the Business and Professions Code, incorporated herein by reference.
(c) The proceedings under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
NOTE
Authority cited: Sections 94803 and 94877, Education Code. Reference: Section 480, Business & Professions Code; and Sections 94887, 94888 and 94932, Education Code.
HISTORY
1. New section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-30-2010 order, including further amendment of Note, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71401. Abandonment of Application.
Note • History
An application shall be deemed abandoned and the fee forfeited when the application has not been completed by the applicant in accordance with the Act and this chapter within one year after the date that the application was initially received by the Bureau, or the date that the Bureau notified the applicant that it was incomplete, whichever is later. If an application has been abandoned, the applicant shall submit a new application and fee in order to seek an approval to operate.
NOTE
Authority cited: Sections 94877, 94888 and 94930, Education Code. Reference: Section 94888, Education Code.
HISTORY
1. New section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71405. Change in Circumstance Affecting Application Information.
Note • History
(a) If, after the submission of an application but prior to the Bureau's decision to approve or deny an approval to operate, there is any material change in circumstances affecting any information contained in the application or submitted by the institution in support of the application, the institution shall immediately inform the Bureau in writing.
(b) For the purposes of this section, a change in circumstance is “material” if, without the inclusion of the new or different information into the application, the information contained in or the supporting documentation to the application would be false, misleading, or incomplete.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94887 and 94888, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendment of subsection (b) 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71410. Right to an Administrative Hearing. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Section 94330(l), Education Code.
HISTORY
1. New section filed 4-19-94; operative 4-19-94 (Register 94, No. 16).
2. Editorial correction of Note (Register 97, No. 14).
3. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
4. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71415. Length of Approval to Operate. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Section 94310, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71420. Applications from Institutions Operating on December 31, 1990. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Section 94310, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Deletion of article 3.5 heading and repealer of section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Deletion of article 3.5 heading and repealer of section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Article 5. Visiting Committees
§71450. Empaneling of Visiting Committees; Reports.
Note • History
(a) An institution shall be required to undergo an onsite review by a visiting committee in order to evaluate its Form Application 94886 for an approval to operate if and when the Director determines that such evaluation is necessary to assist in a qualitative review of the institution or any of its programs.
(b) If a visiting committee is empaneled for the purpose of evaluating a Form Application 94886 for an approval to operate, the following shall apply:
(1) The visiting committee shall be appointed by the Director; and
(2) The visiting committee shall include educators or instructors trained in the subject matter of educational programs offered by the institution, and any other person with expertise in the standards listed in Section 94885 of the Code. The Director shall appoint a chair of the visiting committee. In addition, the Director may empanel a special committee consisting of one or more technically qualified people to assist the visiting committee in the evaluation of the application and the institution.
(c) The Director shall select a member of the Bureau's staff to serve as the visiting committee's liaison. The staff member shall prepare, with the cooperation of the visiting committee's members, the visiting committee's evaluation report and recommendations.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94882, 94887 and 94888, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Renumbering of former article 4 heading to article 5 (sections 71450-71470) and amendment of section heading, section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Renumbering of former article 4 heading to article 5 (sections 71450-71470) and amendment of section heading, section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order, including further amendment of subsection (b), transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71455. Challenge to the Visiting Committee.
Note • History
(a) The institution being evaluated shall be notified of the identity of the members of the visiting committee at least 30 days before the visit. The notice shall also include a description of the institution's right to object to a committee member and the procedure for objection as provided in this section.
(b) If the institution objects to the inclusion of any person in the visiting committee, the institution may file a written objection with the Director at least 14 days before the visiting committee is originally scheduled to conduct its onsite inspection.
(c) An institution has a right to seek the disqualification of a visiting committee member before the occurrence of the onsite inspection on any of the following grounds:
(1) The committee member has inadequate academic or experiential qualification.
(2) The committee member or his or her family has a financial interest in, or is employed by, a competing institution which offers or proposes to offer any of the educational programs offered or proposed to be offered by the applicant institution.
(3) The committee member is biased. In order to establish that a committee member is biased, the institution must document in writing that the member is predisposed to give an unfavorable recommendation.
(d) An institution seeking to disqualify a visiting committee member shall submit copies of all evidence and argument on which it relies when the written objection is filed.
(e) All evidence and argument shall be considered by the Director. The Director shall make the final decision on the composition of the visiting committee before the onsite inspection occurs. There shall be no oral hearing or review of this decision.
(f) If an institution has grounds under subdivision (c) to object to the empaneling of a committee member before the occurrence of the onsite inspection and fails to timely object, the institution permanently waives the right to challenge the visiting committee's composition or report on those grounds.
NOTE
Authority cited: Sections 94803 and 94877, Education Code. Reference: Section 94882, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order, including further amendment of subsection (f), transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71460. Duties of the Visiting Committee.
Note • History
(a) The visiting committee shall conduct a comprehensive, qualitative onsite inspection and review of all aspects of the institution's operations to evaluate the institution's efforts to implement its mission and objectives and to determine whether the institution complies with the applicable requirements of the Act and this Division.
(b) The visiting committee's inspection and review may include the examination of documents and records, the inspection of facilities and equipment, the auditing of classes, and the interview of current or former owners, directors, officers, administrators, faculty, and students.
(c) The visiting committee shall cooperate with the Bureau staff liaison in the preparation of a written evaluation report as described in Section 71450(c).
NOTE
Authority cited: Sections 94803, 94887 and 94888, Education Code. Reference: Section 94882, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendment of subsection (a) 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71465. Visiting Committee Report.
Note • History
(a) The visiting committee report shall contain all of the following:
(1) The committee's findings regarding the institution's compliance with the Act and this Division, and facts supporting those findings;
(2) The committee's assessment of the institution's ability to meet the stated objectives of each educational program offered by the institution, including deficiencies, and facts supporting the assessment;
(3) The committee's assessment of the institution's ability, as a whole, to implement its mission, and facts supporting the assessment; and
(4) The committee's recommendations for action on the application.
(b) The institution shall have an opportunity to review the visiting committee report and respond to the Bureau within fifteen (15) days of the institution's receipt of such report as to errors of fact or erroneous findings based on errors of fact. The Bureau will review the visiting committee's report, and, along with the entire application, will consider the report and recommendations, and the institution's response, if any, before taking action.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Section 94882, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71470. Institution Cooperation with Visiting Committee.
Note • History
(a) The institution shall make available for inspection by the visiting committee all records which the visiting committee reasonably deems necessary or appropriate to inspect to determine whether the institution meets the standards of the Act and this Division.
(b) The institution shall facilitate the visiting committee's onsite inspection including the inspection of records, inspection of facilities and equipment, observation of class sessions, or interviews with officers, administrators, faculty, or students.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Section 94882, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Article 6. Renewals
§71475. Renewal of an Approval to Operate for a Non-Accredited Institution; Cancellation of an Approval to Operate.
Note • History
(a) Unless renewed, an approval to operate shall expire at 12 midnight on the last day of the institution's term of approval to operate as granted pursuant to section 94802 or section 94889 of the Code.
(b) An institution seeking to renew its Approval to Operate pursuant to section 94891 of the Code shall, prior to its expiration, complete and submit to the Bureau the “Application for Renewal of Approval to Operate and Offer Educations Programs for Non-Accredited Institutions,” Form Application 94891 (rev. 2/10).
(c) The application for renewal of approval to operate and offer educational programs for non-accredited institutions shall include all of the following:
(1) The name, institution/school code and website address of the institution.
(2) The physical address of the institution's primary administrative location in California.
(3) The mailing address, identified either by physical address or by post office box number, telephone number and fax number of the institution.
(4) The physical address, phone number and fax number of each campus and branch at which the educational programs will be offered, including the identification of the institution's main location and branch locations.
(5) The name, address, email address, telephone number, and fax number of an individual who will function as the institution's contact person for the purposes of the application.
(6) The form of business organization of the institution (e.g., sole proprietorship, general or limited partnership, for-profit corporation, nonprofit corporation, or Limited Liability Corporation). If the institution is incorporated, the institution shall also identify the state within which the institution is incorporated and the date of incorporation, and provide copies of the articles of incorporation and bylaws.
(7) The name, title, address, email address, telephone number, nature of interest and percentage of ownership of each person, as defined in section 94855 of the Code, who owns or controls 25% or more of the stock or an interest in the institution and, to the extent applicable, each general partner, officer, corporate director, member of the board of directors, and any other person who exercises substantial control over the institution's management or policies. For the purpose of this paragraph, a person exercises “substantial control over the institution's management or policies” if the person has the authority to cause the institution to expend money or incur debt in the amount of five thousand dollars ($5,000) or more in any year.
(A) For each address required, the institution shall provide a physical home address, and may request that the address, email address, and telephone number, of each person described in paragraph (7) be maintained as personal information.
(B) The federal employer identification number for partnerships or the social security number for individual owners identified in the application pursuant to section 71130(a)(1).
(d) In addition to the form required in (b), the institution shall submit all information required by section 71100(b), and the appropriate renewal fee as provided in Sections 94930.5(b)(1) and 94930.5(b)(2) of the Code, as applicable, to the Bureau. Except for the financial statements required by subdivision (e) of this section and the statement required in subdivision (f) of this section, if the information required in order to renew its approval to operate is substantially similar to the information submitted by the institution in its last renewal application, or initial application if it is the first renewal, the institution may state that there are no substantial changes.
(e) The institution shall submit at the time it applies for renewal current financial statements that meet the requirements of section 74115 as follows: (1) for an institution with annual gross revenues of $500,000 and over, statements shall be audited; (2) for an institution with annual gross revenues less than $500,000, statements shall be reviewed.
(f) The renewal application shall include a statement from any person identified in subdivision (h)(1) of this section who --
(1) Was found in any judicial or administrative proceeding to have violated the Act or the law of any other state related to untrue or misleading advertising, the solicitation of prospective students for enrollment in an educational service, or the operation of a postsecondary school;
(2) Was denied any type of license on grounds set forth in Section 480 of the Business and Professions Code;
(3) Was adjudicated as responsible for the closure of an institution in which there were unpaid liabilities to the state or federal government or any uncompensated pecuniary losses suffered by students;
(4) Has stipulated to a judgment or administrative order or entered a consent decree involving any of the matters described in this section.
(5) Was convicted of any misdemeanor or felony as provided in Section 480(a)(1) of the Business and Professions Code;
(g) The institution shall furnish in the application an explanation of any legal action pending against the institution or ownership or any of the institution's owners, officers, corporate directors, administrators, or instructors by any federal, state, or local law enforcement agency involving alleged acts of fraud, dishonesty, financial mismanagement, unpaid liabilities to any governmental agency or claims for pecuniary loss suffered by any student.
(h) The institution shall include in its application the name, title, physical address, telephone number, fax number, and e-mail address for the agent for service of process in California as required by section 94943.5 of the Code. The agent shall be at an address other than the address of the institution or any branch. The agent must confirm the information and acknowledge in writing that he or she is the designated agent for service of process. The information shall be kept current pursuant to section 74190.
(i) The institution shall include in its application an organization chart that shows the governance and administrative structure of the institution and the relationship between faculty and administrative positions. If there have been no substantive changes since the last submission of an organizational chart, the institution may so state and is not required to submit documentation.
(j) The institution shall provide in the application a description of the job duties and responsibilities of each administrative and faculty position. If there have been no substantive changes since the last submission, the institution may so state and is not required to submit documentation.
(k) The institution shall identify in the application the chief executive officer, chief operating officer, and chief academic officer and describe their education, experience, and qualifications to perform their duties and responsibilities. If there have been no substantive changes since the last submission, the institution may so state and is not required to submit documentation.
(l) If the institution has a governing board, the application shall include the name, work address, email address, and telephone number of each member of the governing board. If there have been no substantive changes since the last submission, the institution may so state and is not required to submit documentation.
(m) The application shall contain the name, work address, email address, fax number and telephone number of the person with whom the Bureau will correspond and conduct legal transactions on behalf of the institution. If there have been no substantive changes since the last submission, the institution may so state and is not required to submit documentation.
(n) The institution shall describe in the application, in detail its mission and objectives. If there have been no substantive changes since the last submission, the institution may so state and is not required to submit documentation.
(o) The institution shall include, with its application, exemplars of all student enrollment agreements and instruments of indebtedness.
(p) If an institution receives financial aid because its students qualify for it under any state or federal financial aid program, the application shall include a statement of its policies, practices, and disclosures regarding financial aid. If there have been no substantive changes since the last submission, the institution may so state and is not required to submit documentation.
(q) The institution shall include in its application copies of advertising and other statements disseminated to the public in any manner by the institution or its representatives that concern, describe, or represent each of the following:
(1) The institution.
(2) Each educational program offered by the institution.
(3) If advertising is broadcast by television or radio, the application shall also include a copy of the script.
(r) The institution shall identify and describe, in the application, the educational program it offers, or proposes to offer. If the educational program is a degree program, the institution shall identify the full title which it will place on each degree awarded. If there have been no substantive changes since the last submission, the institution may so state and is not required to submit documentation.
(s) The application shall include, in addition to the general title, such as “Bachelor of Arts” or “Master of Science”, the name of a specific major field of learning involved. If there have been no substantive changes since the last submission, the institution may so state and is not required to submit documentation.
(t) In addition, the institution shall list in the application, the following for each educational program offered unless there have been no substantive changes since the last submission. If there have been no substantive changes made the institution may so state and is not required to provide documentation.
(1) The admissions requirements, including minimum levels of prior education, preparation, or training;
(2) If applicable, information regarding the ability-to-benefit examination as required by section 94904 of the Code.
(3) The types and amount of general education required;
(4) The title of the educational programs and other components of instruction offered, including a description of the level of the courses (e.g., below college level, undergraduate level, graduate level);
(5) The mode of instruction;
(6) The graduation requirements.
(7) Whether the educational program is designed to fit or prepare students for employment in any occupation. If so, the application shall identify each occupation and job title to which the institution represents the educational program will lead.
(u) For each educational program that the institution offers or proposes to offer, the application shall contain a statement that the educational program meets the requirements of section 71710, as well as the following unless there have been no substantive changes since the last submission. If there have been no substantive changes made the institution may so state and is not required to provide documentation:
(1) A description of the educational program.
(2) A description of the equipment to be used during the educational program.
(3) A description of the number and qualifications of the faculty needed to teach the educational program.
(4) A projection, and the bases for the projection, of the number of students that the institution plans to enroll in the educational program during each of the three years following the date the application was submitted.
(5) A description of the learning, skills, and other competencies to be acquired by students who complete the educational program.
(6) If licensure is a goal of an educational program, a copy of the approval from the appropriate licensing agency. A copy of the intent to approve conditioned solely upon institutional approval from the Bureau will also meet this requirement.
(7) Upon request, the institution shall provide to the Bureau copies of the curriculum or syllabi required pursuant to section 71710.
(v) If the institution offers an educational program, or a portion of it, in a language other than English, the application shall contain a description of all of the following for each educational program or portion thereof unless there have been no substantive changes since the last submission. If there have been no substantive changes made the institution may so state and is not required to provide documentation.
(1) The language in which each educational program will be offered.
(2) A statement that the institution has contracted with sufficient duly qualified faculty who will teach each language group of students.
(3) The language of the textbooks and other written materials to be used by each language group of students.
(w)(1) The application shall contain a statement that the institution has and can maintain the financial resources required pursuant to section 71745.
(2) The institution shall submit current, audited financial statements at the time it applies for approval to operate. Each set of financial statements shall comply with Section 74115 of this chapter.
(x) The application shall include a statement that the institution has contracted with sufficient duly qualified faculty members who meet the qualifications of section 71720 unless there have been no substantive changes since the last submission. If there have been no substantive changes made the institution may so state and is not required to provide documentation.
(y)(1) For each program offered, the application shall contain a description of the facilities and the equipment which is available for use by students at the main, branch, and satellite locations of the institution unless there have been no substantive changes since the last submission. If there have been no substantive changes made the institution may so state and is not required to provide documentation.
(2) For facilities that are leased or rented, the application shall contain the name and address of the lessor or landlord, together with a copy of any use, lease, or rental agreements for the facilities unless there have been no substantive changes since the last submission. If there have been no substantive changes made the institution may so state and is not required to provide documentation.
(3) The application shall include, in addition to the description of the physical facilities, building diagrams or campus maps to assist the Bureau in locating these facilities. The diagrams or maps shall identify the location of classrooms, laboratories, workshops, and libraries unless there have been no substantive changes since the last submission. If there have been no substantive changes made the institution may so state and is not required to provide documentation.
(4) The description in the application shall include specifications of significant equipment that demonstrate that the equipment meets the standards prescribed by the Code and this chapter and is sufficient to enable students to achieve the educational objectives of each education program unless there have been no substantive changes since the last submission. If there have been no substantive changes made the institution may so state and is not required to provide documentation.
(5) For each item of significant equipment, the description in the application shall indicate whether the equipment is owned, leased, rented, or licensed for short- or long-term, or owned by another and loaned to be used without charge unless there have been no substantive changes since the last submission. If there have been no substantive changes made the institution may so state and is not required to provide documentation.
(6) The application shall contain a list of all permits, certifications, or other evidence of inspections or authorizations to operate required by the jurisdictions within which the institution operates that the institution has obtained, and/or an explanation as to why those permits, certifications, or inspections have not yet been obtained unless there have been no substantive changes since the last submission. If there have been no substantive changes made the institution may so state and is not required to provide documentation.
(z) The application shall include a description of library holdings, services, and other learning resources, including policies and procedures for supplying them to students who do not receive classroom instruction. The description need not consist of a list of each holding. The description shall include an explanation of how the library and other learning resources are sufficient to support the instructional needs of students and, if no facilities exist at the institution, how and when students may obtain access to a library and other learning resources as required by the curriculum unless there have been no substantive changes since the last submission. If there have been no substantive changes made the institution may so state and is not required to provide documentation.
(aa) If an institution represents to the public, in any manner, that it offers job placement assistance, the application shall include a description of the job placement assistance that it provides unless there have been no substantive changes since the last submission. If there have been no substantive changes made the institution may so state and is not required to provide documentation.
(bb) The application shall include a copy of the institution's catalog, in published or proposed-to-be-published form. The catalog shall meet the requirements of the Act and of section 71810.
(cc) The institution shall submit with the application, a copy of the document that is awarded to a graduating student upon successful completion of each educational program unless there have been no substantive changes since the last submission. If there have been no substantive changes made the institution may so state and is not required to provide documentation.
(dd)(1) The application shall contain a description of how records required by Article 9 of the Act or this chapter are or will be organized and maintained, the types of documents contained in student files, how the records are stored, and whether academic and financial records are maintained in separate files. The description shall include a statement of the institution's procedures for security and safekeeping of records unless there have been no substantive changes since the last submission. If there have been no substantive changes made the institution may so state and is not required to provide documentation.
(2) The description in the application shall include the name, physical address, email address, and telephone number of the custodian of records, and the physical addresses and telephone numbers of the offices or buildings where the records will be maintained unless there have been no substantive changes since the last submission. If there have been no substantive changes made the institution may so state and is not required to provide documentation.
(ee) The application shall contain a description of the procedures used by the institution to assure that it is maintained and operated in compliance with the Act and this Division.
(ff)(1) The institution shall include in the application any material facts as defined by section 71340, which have not otherwise been disclosed in the application that might reasonably affect the Bureau's decision to grant an approval to operate. In this context, a fact would be “material” if it would change the Bureau's decision concerning the institution's ability to comply with any applicable provisions of the Act.
(2) The institution may also include in the application any other facts which the institution would like the Bureau to consider in deciding whether to grant an approval to operate.
(3) For the purposes of this section, a fact is “material” if, without its inclusion into the application, the information contained in the application would be false, misleading, or incomplete.
(gg) The institution demonstrates its continued capacity to meet the minimum operating standards by submitting the renewal application signed and dated, and each fact stated therein and each attachment thereto declared to be true under penalty of perjury, as follows:
(1) Signatories:
(A) Each owner of the institution, or
(B) If the institution is incorporated, the chief executive officer of the corporation and each person who owns or controls 25 percent or more of the stock or interest in the institution, or
(C) Each member of the governing body of a nonprofit corporation.
(2) The declaration shall be in the following form:
“I declare under penalty of perjury under the laws of the State of California that the foregoing and all attachments are true and correct.
__________________________________ ____________________________________
(Date) (Signature)”
(hh) In addition to the fees required by subdivision (d) of this section:
(1) An application for renewal that is received by the Bureau more than 30 days after the expiration of the approval to operate shall be submitted with the 25 percent late payment penalty fee required by section 94931(a) of the Code.
(2) An application for renewal that is received by the Bureau more than 90 days after the expiration of the approval to operate shall be submitted with the 35 percent late payment penalty fee required by section 94931(b) of the Code.
(ii) Provided that a complete renewal application is received by the Bureau prior to the expiration of the approval, a valid approval to operate shall continue until the Bureau has acted upon the renewal application.
(jj) An approval to operate that has expired may be renewed at any time within 6 months after its expiration on filing of an application for renewal and, as a condition precedent to renewal, payment of all accrued and unpaid renewal fees, late payment penalty fees prescribed in subdivision (e) of this section, and any other fees that would have been due in order to renew timely. After an approval to operate has expired for more than 6 months, the approval is automatically cancelled and the institution must submit a complete application pursuant to section 71100, meet all current requirements, and pay all fees that would have been due in order to timely renew, in order to apply for approval.
(kk) An incomplete application filed under this section will render the institution ineligible for renewal.
NOTE
Authority cited: Sections 94803 and 94891, Education Code. Reference: Sections 94802, 94889 and 94931, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. Repealed by operation of Government Code section 11346.1(g) (Register 2010, No. 6).
6. New article 6 (sections 71475-71485) and section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
7. New article 6 (sections 71475-71485) and section refiled with amendments 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
8. Editorial correction of Histories (Register 2010, No. 34).
9. Certificate of Compliance as to 7-30-2010 order, including further amendment of subsections (c)(4), (e), (ff)(1) and (hh), transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71480. Renewal of an Approval to Operate for an Accredited Institution.
Note • History
(a) Unless renewed, an approval to operate shall expire at 12 midnight on the last day of the institution's term of approval as granted pursuant to section 94890(b) of the Code.
(b) An institution seeking to renew its Approval to Operate pursuant to section 94890 of the Code shall complete and submit to the Bureau the “Renewal Application for Approval to Operate for an Accredited Institution,” Form Application 94890 (rev. 2/10).
(c) The application for renewal of an approval to operate for an accredited institution shall include all of the following:
(1) The name, institution/school code and website address of the institution.
(2) The mailing address, identified either by physical address or by post office box number, telephone number and fax number of the institution.
(3) The name, address, email address, telephone number and fax number of an individual who will function as the institution's contact person for the purposes of the application.
(4) The name, title and address of each person, as defined in section 94855 of the Code, who owns or controls 25% or more of the stock or an interest in the institution and, to the extent applicable, each general partner, officer, corporate director, member of the board of directors, and any other person who exercises substantial control over the institution's management or policies. For the purpose of this paragraph, a person exercises “substantial control over the institution's management or policies: if the person has th authority to cause the institution to expend money or incur debt in the amount of five thousand dollars ($5,000) or more in any year.
(A) For each address required, the institution shall provide a physical home address, and may request that the address, email address, and telephone number, of each person described in paragraph (4) be maintained as personal information.
(B) The federal employer identification number for partnerships or the social security number for individual owners identified in the application.
(d) In addition to the form required in (b), the institution shall submit the appropriate renewal fee as provided in Section 94930.5(b)(3) of the Code to the Bureau, and verification that its accreditation has been renewed by its accreditation agency.
(e) The institution demonstrates its continued capacity to meet the minimum operating standards by submitting the application signed and dated, and each fact stated therein and each attachment thereto declared to be true under penalty of perjury, as follows:
(1) Signatories:
(A) Each owner of the institution, or
(B) If the institution is incorporated, the chief executive officer of the corporation and each person who owns or controls 25 percent or more of the stock or interest in the institution, or
(C) Each member of the governing body of a nonprofit corporation.
(2) The declaration shall be in the following form:
“I declare under penalty of perjury under the laws of the State of California that the foregoing and all attachments are true and correct.
__________________________________ ____________________________________
(Date) (Signature)”
(3) The application will include the date signed, the name and title of each signor of the application.
(f) In addition to the fee required by subdivision (d) of this section:
(1) An application for renewal that is received by the Bureau more than 30 days after the expiration of the approval to operate shall be submitted with the 25 percent late payment penalty fee required by section 94931(a) of the Code.
(2) An application for renewal that is received by the Bureau more than 90 days after the expiration of the approval to operate shall be submitted with the 35 percent late payment penalty fee required by section 94931(b) of the Code.
(g) Provided that a complete renewal application is received by the Bureau prior to the expiration of the approval, a valid approval to operate shall continue until the Bureau has acted upon the renewal application.
(h) An approval to operate that has expired may be renewed at any time within 6 months after its expiration on filing of an application for renewal and, as a condition precedent to renewal, payment of all accrued and unpaid renewal fees, late payment penalty fees prescribed in subdivision (f) of this section, and any other fees that would have been due in order to renew timely. After an approval to operate has expired for more than 6 months, the approval is automatically cancelled and the institution must submit a complete application pursuant to section 71390, meet all current requirements, and pay all fees that would have been due in order to timely renew, in order to apply for approval.
(i) An incomplete application filed under this section will render the institution ineligible for renewal.
NOTE
Authority cited: Sections 94803, 94890 and 94891, Education Code. Reference: Sections 94802, 94889, 94890, 94930.5 and 94931, Education Code.
HISTORY
1. New section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
2. New section refiled with amendments 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-30-2010 order, including further amendment of subsections (a), (d) and (f), transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71485. Student Tuition Recovery Fund Assessments and Annual Fees as Condition of Renewal.
Note • History
Failure of an institution to have made current payments of the assessments to the Student Tuition Recovery Fund as required by chapter 7 of this Division, and annual fees as required by chapter 5 of this Division shall render the institution ineligible for renewal.
NOTE
Authority cited: Sections 94803, 94890 and 94891, Education Code. Reference: Sections 94802, 94889, 94890, 94891 and 94930.5, Education Code.
HISTORY
1. New section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71490. Emerging Fields of Study. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301 and 94310, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Editorial correction of article heading (Register 97, No. 46).
8. Deletion of article 5 heading and repealer of section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
9. Deletion of article 5 heading and repealer of section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
10. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
11. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71495. Innovative or Unique Methods of Instruction. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301 and 94310, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Article 7. Applications for a Substantive Change to an Approval to Operate
§71500. Application to Change Location.
Note • History
(a) An institution seeking a change of location as defined in 94823.5 of the Code shall complete the “Change of Location” form (LOC rev. 2/10) to obtain prior authorization. The form shall be submitted at least 60 days prior to the proposed date of the change in location unless an unforeseen and unavoidable circumstance outside the control of the institution requires an earlier change; in which case it shall be submitted no later than 30 days following the change in location. The form shall be submitted to the Bureau along with the appropriate fee as provided in Section 94930.5(c) of the Code. It shall be signed by the signatory(ies) required by section 71380 and dated, and each fact stated therein and each attachment thereto shall be declared to be true under penalty of perjury, in the following form:
“I declare under penalty of perjury under the laws of the State of California that the foregoing and all attachments are true and correct.
__________________________________ ____________________________________
(Date) (Signature)”
(b) The application shall establish that the institution can meet the minimum operating standards contained in Chapter 3, and shall include:
(1) The name, school code, current and proposed addresses, and telephone and fax numbers of the institution;
(2) A description of the proposed physical facilities, including building diagarams or campus maps. The diagram or maps shall identify at a minimum, the locations of classrooms, laboratories, workshops and libraries;
(3) A description of any equipment to be used at the proposed facilities that is different from the equipment used at the present facility;
(4) The date on which the institution intends to offer instruction at the new location;
(5) The distance between the approved location and the proposed new location;
(6) The reason for the move;
(7) A description of the actions taken to notify students, if any, pursuant to section 94898(d)(1) of the Code, and whether the institution has offered a full refund to students pursuant to section 94898(d)(3) of the Code; and
(8) The name, address, email address, telephone and fax numbers for the institution's contact person for the purpose of this application.
(c) The Bureau may deem the actions that the institution takes to notify students of the proposed change of location to be sufficient notice for purposes of section 94898(d)(2).
(d) An institution that has been granted an approval to operate by means of accreditation shall notify the Bureau of the substantive change within 30 days of that change on the Change of Location form, by providing the information required in sections (b)(1), (b)(8) of this section and shall attach certification from the institution's accreditation agency demonstrating that the substantive change was made in accordance with the institution's accreditation standards, and complies with the Act and this Division.
(1) The application for change of location for an institution approved by means of accreditation shall be signed and dated by the signatory(ies) required by section 71390(d), and each fact stated therein and each attachment thereto shall be declared to be true under penalty of perjury, in the following form:
“I declare under penalty of perjury under the laws of the State of California that the foregoing and all attachments are true and correct.
__________________________________ ____________________________________
(Date) (Signature)”
NOTE
Authority cited: Sections 94803 and 94895, Education Code. Reference: Sections 94823.5, 94893, 94894, 94895, 94896, 94898(d) and 94930.5, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendment of subsections (a) and (d) 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Renumbering and amendment of former article 6 heading to article 7 (sections 71500-71655) and amendment of section heading, section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Renumbering of former article 6 heading to article 7 (sections 71500-71655) and amendment of section heading, section and Note refiled with additional amendments 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order, including further amendment of subsections (b)(2), (d) and (d)(1), transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71505. Contents of Application for Change in Location. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310 and 94312, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with new subsection (c) 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71510. Notice to Students of Change in Location. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310 and 94312, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendment of subsection (a) 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71515. Council Approval. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310 and 94312, Education Code; Sections 15375 and 15376, Government Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71520. Emergency Application for Change in Location. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310 and 94312, Education Code; Sections 15375 and 15376, Government Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71550. Application for Addition of Separate Branch.
Note • History
(a) An institution seeking to add a separate branch pursuant to section 94894(h) shall complete the “Application for Addition of a Separate Branch” form (SEP rev. 2/10) to obtain prior authorization. The form shall be submitted to the Bureau along with the appropriate fee as provided in Section 94930.5(a)(2) of the Code. It shall be signed and dated by the signatory(ies) required by section 71380 for an institution approved under section 94885 of the Code and section 71390 for an institution approved under section 94890 of the Code, and each fact stated therein and each attachment thereto shall be declared to be true under penalty of perjury, in the following form:
“I declare under penalty of perjury under the laws of the State of California that the foregoing and all attachments are true and correct.
__________________________________ ____________________________________
(Date) (Signature)”
(b) For an institution approved under section 94885 of the code, the application shall establish that the institution, including the separate branch, can meet the minimum operating standards contained in Chapter 3, and shall include:
(1) The name, school code, telephone and fax numbers, and address of the institution;
(2) The address of the proposed separate branch;
(3) The reasons for establishing a separate branch, and how the proposed branch helps to further the institution's mission and objectives;
(4) When the institution proposes to open the branch;
(5) The projected number of students that the proposed branch will serve, and the basis for that projection;
(6) The impact of the branch on the financial resources of the institution, including the institution's ability to comply with section 71745;
(7) A description of the proposed branch's educational programs;
(8) A description of the facility and equipment as provided in Section 71260;
(9) A description of the differences between the programs that the institution offers at the main location and the programs the institution proposes to offer at the branch location, including admissions standards, degree requirements, curricula, and standards for student achievement or a statement that an application for a Change in Educational Objective under section 71950 accompanies the application;
(10) A statement that the institution has contracted with duly qualified faculty who meet the qualifications of section 71720 at the proposed branch, including whether faculty will teach only at the proposed branch or will be shared among the institution's locations;
(11) A description of library and other learning resources, as provided in Section 71270, that will be available to students attending the proposed branch;
(12) A description of the planned administrative relationship between the main location and the proposed branch, including the nature and extent of the supervision by the chief academic officer, chief operating officer, chief executive officer, and administrators at the main location over the activities of the proposed branch; and
(13) The name, address, email address, and telephone and fax numbers of the institution's contact person for the purpose of this application; and
(14) Any additional information required by the Bureau pursuant to section 71340.
(c) An institution that has been granted an approval to operate under section 94890 of the code shall notify the Bureau of the substantive change within 30 days of that change on the Separate Branch form, shall provide the information required by section (b)(1), (b)(2) and (b)(13) of this section, and shall attach certification from the institution's accreditation agency demonstrating that the substantive change was made in accordance with the institution's accreditation standards, and complies with the Act and this Division.
(d) Any approval of the addition of a new branch pursuant to this section shall run co-existent with the approval of the main campus in this state and shall be renewed at the same time.
NOTE
Authority cited: Sections 94803 and 94895, Education Code. Reference: Sections 94823.5, 94893, 94894, 94895, 94896 and 94930.5, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Deletion of article 7 heading and amendment of section heading, section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Deletion of article 7 heading and amendment of section heading, section and Note refiled with additional amendments 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order, including further amendment of section, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71555. Contents of the Application. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310 and 94330, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71560. Processing of Application. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Section 94310, Education Code; Sections 15735 and 15736, Government Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments of subsections (b) and (c) 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71565. Decision on the Application. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Section 94310, Education Code; Sections 15735 and 15736, Government Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendment of section heading and subsection (c) 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71600. Application for Significant Change in Method of Instructional Delivery.
Note • History
(a) An institution seeking to make a significant change in its method of instructional delivery shall complete the “Significant Change in Method of Instructional Delivery” form (INS rev. 2/10) to obtain prior authorization. For the purposes of this section a “significant change in instructional delivery” is any change that alters the way students interact with faculty or access significant equipment. The form shall be submitted to the Bureau along with the appropriate fee as provided in Section 94930.5(c) of the Code. For an institution approved under section 94885 of the Code, it shall be signed and dated by the signatory(ies) required by section 71380, and for an institution approved under section 94890 of the Code, it shall be signed and dated by the signatory(ies) required by section 71390, and each fact stated therein and each attachment thereto shall be declared to be true under penalty of perjury, in the following form:
“I declare under penalty of perjury under the laws of the State of California that the foregoing and all attachments are true and correct.
__________________________________ ____________________________________
(Date) (Signature)”
(b) The application shall establish that the institution, if making a significant change in its method of instructional delivery, can meet the minimum operating standards contained in Chapter 3, and shall include:
(1) The name, school code, address, and telephone and fax numbers of the institution;
(2) A description of the proposed new method of instructional delivery, and how the curriculum will be changed or adapted to meet the change in delivery method;
(3) A detailed explanation of the reasons for the proposed change;
(4) A description of how the change affects students, administration, and the institution's financial resources;
(5) If the proposed change will result in any significant changes in existing faculty, facilities, library or learning resources, the institution shall provide the applicable information required by Section 71250 through 71270, inclusive;
(6) A description of how the institution will phase in the new method of instructional delivery;
(7) The name, address, email address, and telephone and fax numbers of the institution's contact person for the purpose of this application; and
(8) Any additional information required by the Bureau pursuant to section 71340.
(c) An institution that has been granted an approval to operate by means of accreditation shall notify the Bureau of the substantive change within 30 days of that change on the Change of Instruction form by providing the information required in section (b)(1) and (b)(7), and shall attach certification from the institution's accreditation agency demonstrating that the substantive change was made in accordance with the institution's accreditation standards, and complies with the Act and this Division.
NOTE
Authority cited: Sections 94803 and 94895, Education Code. Reference: Sections 94893, 94894, 94895, 94896 and 94930.5, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Deletion of article 8 heading and amendment of section heading, repealer and new section and amendment of Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Deletion of article 8 heading and amendment of section heading, repealer and new section and amendment of Note refiled with additional amendments 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order, including further amendment of section, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71605. Contents of Application. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Section 94310, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendment of opening paragraph 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71610. Processing of Application. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Section 94310, Education Code; Sections 15735 and 15736, Government Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71615. Decision on the Application. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94305 and 94310, Education Code; Sections 15735 and 15736, Government Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71630. Application for Change of Name.
Note • History
(a) An institution seeking to change its name shall complete the “Change of Name” form (NAME rev. 2/10) to obtain prior authorization. The form shall be submitted to the Bureau along with the appropriate fee as provided in Section 94930.5(c) of the Code. For an institution approved under section 94885 of the code it shall be signed and dated by the signatory(ies) required by section 71380, for an institution approved under section 94890 of the code it shall be signed and dated by the signatory(ies) required by section 71390, and each fact stated therein and each attachment thereto shall be declared to be true under penalty of perjury, in the following form:
“I declare under penalty of perjury under the laws of the State of California that the foregoing and all attachments are true and correct.
__________________________________ ____________________________________
(Date) (Signature)”
(b) The application shall include:
(1) The name, school code, address, and telephone and fax numbers of the institution;
(2) The proposed new name;
(3) A detailed explanation of the reasons for the proposed change in name;
(4) Copies of advertising and other statements to be disseminated to the public in any manner by the institution or its representatives that announce or use the proposed name;
(5) The name, address, email address, and telephone and fax numbers of the institution's contact person for the purpose of this application; and
(6) Any additional information required by the Bureau pursuant to section 71340.
(c) An institution that has been granted an approval to operate by means of accreditation shall notify the Bureau of the substantive change within 30 days of that change on the Change of Name form by completing section (b)(1) and (b)(5) of this section, and shall attach certification from the institution's accreditation agency demonstrating that the substantive change was made in accordance with the institution's accreditation standards, and complies with the Act and this Division.
NOTE
Authority cited: Sections 94803 and 94895, Education Code. Reference: Sections 94893, 94894, 94895, 94896 and 94930.5, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Deletion of article 9 heading and amendment of section heading, section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Deletion of article 9 heading and amendment of section heading, section and Note refiled with additional amendments 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order, including further amendment of section, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71640. Application for Ownership, Control, or Business Organization Form.
Note • History
(a) An institution seeking to change the business organization form, control, or ownership as defined in sections 94821, 94822, or 94823, respectively shall complete the “Change of Business Organization/Control/Ownership” form (OWN rev. 2/10) to obtain prior authorization. The form shall be submitted to the Bureau along with the appropriate fee as provided in Section 94930.5(c) of the Code. An application under this section shall be signed by all signatories to the initial application, or the last approved application under this section, as well as the persons required to sign an application pursuant to section 71380 for institutions approved under section 94885 of the code and section 71390 for institutions approved under section 94890 of the code. Each signature shall be dated, and each fact stated therein and each attachment thereto shall be declared to be true under penalty of perjury, in the following form:
“I declare under penalty of perjury under the laws of the State of California that the foregoing and all attachments are true and correct.
__________________________________ ____________________________________
(Date) (Signature)”
(b) An application for a change in ownership or control shall identify the name, title, address, e-mail address and telephone number of each new person required to be listed pursuant to section 71130 in an application, as well as the persons previously listed pursuant to section 71130 that will no longer have ownership or control. For each proposed person listed, the application shall include the information required pursuant to section 71130(b), (c), and (d).
(c) An application for a change in the form of business organization of the institution shall identify the approved organization as well as the proposed organization. If the proposed organization is incorporated, the application shall also identify the state within which the proposed organization is incorporated and the date of incorporation, along with copies of the articles of incorporation and bylaws. To the extent that a change in the form of business organization represents a change in ownership or control, the application shall include the information required by subdivision (b) of this section.
(d) In addition to the above required information, each application under this section shall include:
(1) The name, address, telephone number, fax number, and school code of the institution;
(2) The reason for the proposed change;
(3) The impact of the change on the financial resources of the institution, including the institution's ability to comply with section 71745;
(4) A description of the planned administrative relationship between the persons previously approved and the proposed owners or persons in control, including the nature and extent of the supervision by the chief academic officer, chief operating officer, chief executive officer, and administrators; and
(5) Any additional information required by the Bureau pursuant to section 71340 of this Chapter; and
(6) The name, address, email address, telephone number and fax number of the contact person for this application.
(e) An institution that has been granted an approval to operate by means of accreditation shall notify the Bureau of the substantive change within 30 days of that change on the Change of Business Organization/Control/ Ownership form, by completing section (d)(1) and (d)(6) and shall attach certification from the institution's accreditation agency demonstrating that the substantive change was made in accordance with the institution's accreditation standards, and complies with the Act and this Division.
NOTE
Authority cited: Sections 94803 and 94895, Education Code. Reference: Sections 94821, 94822, 94823, 94893, 94894, 94895, 94896 and 94930.5, Education Code.
HISTORY
1. New section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
2. New section refiled with amendments 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-30-2010 order, including further amendment of subsections (d)(1) and (e), transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71650. Application for a Change in Educational Objectives.
Note • History
(a) An institution seeking to change its educational objectives shall complete the “Change in Educational Objectives” form (OBJ rev. 2/10) to obtain prior authorization. The form shall be submitted to the Bureau along with the appropriate fee as provided in Section 94930.5(c) of the Code. For an institution approved under section 94885 of the Code it shall be signed and dated by the signatory(ies) required by section 71380, and for an instituion approved under section 94890 of the Code it shall be signed and dated by the signatory(ies) required by section 71390, and each fact stated therein and each attachment thereto shall be declared to be true under penalty of perjury, in the following form:
“I declare under penalty of perjury under the laws of the State of California that the foregoing and all attachments are true and correct.
__________________________________ ____________________________________
(Date) (Signature)”
(b) “Unrelated to the approved educational programs” as used in section 94894(a) of the Code includes the addition of a degree program where no degree at that level was previously approved, whether or not the proposed program would offer a degree in the same subject area as a previously approved non-degree program or lower level degree; and a program leading to licensure whether or not the proposed program is in the same subject area as a previously approved program that did not lead to licensure.
(c) The application shall establish that the institution, including any branch, can meet the minimum operating standards contained in Chapter 3, and shall include:
(1) The name, school code, address, website address, and telephone and fax numbers of the institution;
(2) The reasons for changing the educational objectives, and how the proposed change helps to further the institution's mission and objectives;
(3) When the institution proposes to change the educational objectives;
(4) The impact of the change on the financial resources of the institution, including the institution's ability to comply with section 71745;
(5) A description of the facility and equipment, as required by section 71260, required for the change;
(6) For addition of a new program, all information required by sections 71210 and 71220;
(7) If the application is for a change to an existing program, a description of the differences between any programs approved and the proposed programs, including differences in admissions standards, degree requirements, curricula, and standards for student achievement;
(8) A statement that the institution has contracted with duly qualified faculty that meet the requirements of section 71720;
(9) A description of library and other learning resources, as required by Section 71270, required for the proposed change;
(10) The name, address, email address, and telephone and fax numbers of the institution's contact person for the purpose of this application; and
(11) Any additional information required by the Bureau pursuant to section 71340.
(d) An institution that has been granted an approval to operate by means of accreditation shall notify the Bureau of the substantive change within 30 days of that change on the Change in Educational Objectives form, by providing the information required by (c)(1) and (c)(10), and shall attach certification from the institution's accreditation agency demonstrating that the substantive change was made in accordance with the institution's accreditation standards, and complies with the Act and this Division.
NOTE
Authority cited: Sections 94803 and 94895, Education Code. Reference: Sections 94823.5, 94893, 94894, 94895, 94896 and 94930.5, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Deletion of article 10 heading and repealer and new section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Deletion of article 10 heading and repealer and new section refiled with amendments 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order, including further amendment of section, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71655. Time for Filing an Application for a Substantive Change; Processing of an Application for a Substantive Change; Denials.
Note • History
(a) An institution that made a substantive change as defined in section 94894 of the Code between July 1, 2007, and December 31, 2009, may continue to operate, but shall comply with, and is subject to, the Code and this Division, and shall submit an application for a substantive change to an approval to operate to the Bureau pursuant to this article within six months of that application becoming available.
(b) An incomplete application filed under this Article will render it ineligible for processing, or subject to denial.
(c) The inclusion of false or misleading information, or the intentional or negligent omission of pertinent information, on any application may result in a denial of the application or a delay in processing, and may be grounds for action pursuant to Article 18 of the Act.
(d) In addition to the grounds stated in subdivisions (a) and (b) of this section, the Bureau may deny an application on the following grounds:
(1) failure to establish that the proposed change will meet the institutional operating standards set forth in Chapter 3 of this Division; or
(2) any act or failure to act that would constitute grounds for revocation.
(e) An applicant denied an approval for a substantive change to its approval to operate under this Article, may reapply or may request an informal hearing before the Director.
NOTE
Authority cited: Sections 94803 and 94895, Education Code. Reference: Sections 94821, 94822, 94823, 94893, 94894, 94895, 94896 and 94930.5, Education Code; Section 11445.20, Government Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Repealer and new section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Repealer and new section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order, including amendment of section heading, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71660. Notification of Non-Substantive Changes.
Note • History
An institution shall notify the Bureau of a non-substantive change including: change of location of less than 10 miles; addition of a program related to the approved programs offered by the institution; addition of a new branch five miles or less from the main or branch campus; addition of a satellite; and change of mailing address. All such notifications shall be made within 30 days of the change and sent to the Bureau, in writing, to the address listed in section 70020.
NOTE
Authority cited: Sections 94803 and 94885, Education Code. Reference: Sections 94823.5, 94893, 94894, 94895 and 94896, Education Code.
HISTORY
1. New section filed 11-18-2010; operative 11-18-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 47).
Chapter 3. Institutional Operating Standards
Article 1. Minimum Operating Standards
§71700. Applicability of Standards.
Note • History
The Bureau may request that an institution document compliance with the standards set forth in the Act and this Division to obtain and maintain an approval to operate.
NOTE
Authority cited: Sections 94803, 94877 and 94885, Education Code. Reference: Sections 94885, 94887, 94888 and 94932, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. New chapter 3 heading (sections 71700-71930), renumbering and amendment of former chapter 2, article 11 heading to chapter 3, article 1 (sections 71700-71760) and amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. New chapter 3 heading (sections 71700-71930), renumbering and amendment of former chapter 2, article 11 heading to chapter 3, article 1 (sections 71700-71760) and amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71705. Mission and Objectives.
Note • History
An institution shall have a written statement of its mission and the objectives for each educational program. The mission and the objectives shall indicate the kind of education offered, for whom the instruction is intended and the expected outcomes for graduates.
NOTE
Authority cited: Sections 94803, 94885 and 94877, Education Code. Reference: Section 94885, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section heading, section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section heading, section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order, including further amendment of section, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Note • History
In order to meet its mission and objectives, the educational program defined in section 94837 of the Code shall be comprised of a curriculum that includes:
(a) those subject areas that are necessary for a student to achieve the educational objectives of the educational program in which the student is enrolled;
(b) subject areas and courses or modules that are presented in a logically organized manner or sequence to students;
(c) course or module materials that are designed or organized by duly qualified faculty. For each course or module, each student shall be provided with a syllabus or course outline that contains:
(1) a short, descriptive title of the educational program;
(2) a statement of educational objectives;
(3) length of the educational program;
(4) sequence and frequency of lessons or class sessions;
(5) complete citations of textbooks and other required written materials;
(6) sequential and detailed outline of subject matter to be addressed or a list of skills to be learned and how those skills are to be measured;
(7) instructional mode or methods.
(d) if degree granting, require research of an appropriate degree that utilizes a library and other learning resources;
(e) specific learning outcomes tied to the sequence of the presentation of the material to measure the students' learning of the material; and
(f) evaluation by duly qualified faculty of those learning outcomes.
NOTE
Authority cited: Sections 94803, 94885 and 94877, Education Code. Reference: Sections 94837 and 94885, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section heading, section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section heading, section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order, including further amendment of subsection (c), transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
History
(a) Instruction shall be the central focus of the resources and services of the institution.
(b) The institution shall document that the instruction offered leads to the achievement of the learning objectives of each course.
(c) Direct instruction requires the physical presence of one or more students and one or more faculty members at the same location. Direct instruction includes instruction presented in a classroom, seminar, workshop, lecture, colloquium, laboratory, tutorial, or other physical learning settings consistent with the mission, purposes, and objectives of the institution.
(d) Distance education as defined in section 94834 of the Code, does not require the physical presence of students and faculty at the same location but provides for interaction between students and faculty by such means as telecommunication, correspondence, electronic and computer augmented educational services, postal service, and facsimile transmission. In addition to the other requirements of this chapter and the Act, an institution offering distance education shall:
(1) ensure that the educational program offered through distance education is appropriate for delivery through distance education methods;
(2) assess each student, prior to admission, in order to determine whether each student has the skills and competencies to succeed in a distance education environment;
(3) ensure that the materials and programs are current, well organized, designed by faculty competent in distance education techniques and delivered using readily available, reliable technology;
(4) provide for meaningful interaction with faculty who are qualified to teach using distance education methods;
(5) maintain clear standards for satisfactory academic progress;
(6) timely complete student evaluations of learning outcomes by duly qualified faculty, which are appropriate for use with the distance education methods used, and evaluated by duly qualified faculty.
(7) employ a sufficient number of faculty to assure that (A) the institution's response to, or evaluation of, each student lesson is returned to the student within 10 days after the lesson is received by the institution; and (B) the institution's response to, or evaluation of, each student project or dissertation is returned to the student within the time disclosed in the catalog; and
(8) shall maintain a record of the dates on which lessons, projects, and dissertations were received and responses were returned to each student.
Authority cited: Sections 94803, 94885 and 94887, Education Code. Reference: Sections 94834 and 94885, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71716. Distance Educational Programs -- Specific Provisions for Instruction Not in Real Time.
Note • History
(a) An institution offering a distance educational program where the instruction is not offered in real time shall transmit the first lesson and any materials to any student within seven days after the institution accepts the student for admission.
(b) The student shall have the right to cancel the agreement and receive a full refund pursuant to section 71750 before the first lesson and materials are received. Cancellation is effective on the date written notice of cancellation is sent. The institution shall make the refund pursuant to section 71750. If the institution sent the first lesson and materials before an effective cancellation notice was received, the institution shall make a refund within 45 days after the student's return of the materials.
(c)(1) An institution shall transmit all of the lessons and other materials to the student if the student: (A) has fully paid for the educational program; and (B) after having received the first lesson and initial materials, requests in writing that all of the material be sent.
(2) If an institution transmits the balance of the material as the student requests, the institution shall remain obligated to provide the other educational services it agreed to provide, such as responses to student inquiries, student and faculty interaction, and evaluation and comment on lessons submitted by the student, but shall not be obligated to pay any refund after all of the lessons and material are transmitted.
(d) The enrollment agreement shall disclose the institution's and student's rights and duties under this section.
NOTE
Authority cited: Sections 94803, 94877 and 94885, Education Code. Reference: Section 94885, Education Code.
HISTORY
1. New section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Note • History
(a) An institution offering instruction at a satellite location as defined by section 94862 of the Code shall only offer instruction for educational programs that are approved for the main campus or a branch.
(b) The institution shall not maintain any permanent student records there.
(c) No solicitation or enrollment of students shall occur at a satellite.
(d) Advertising indicating the location of a satellite shall indicate the nature of the classroom.
NOTE
Authority cited: Sections 94803, 94877 and 94885, Education Code. Reference: Sections 94862 and 94885, Education Code.
HISTORY
1. New section filed 11-18-2010; operative 11-18-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 47).
Note • History
(a) An Educational Program Leading to a Degree.
(1) An institution offering an educational program that leads to a degree shall employ duly qualified faculty sufficient in number to provide the instruction, student advisement, and learning outcomes evaluation necessary for the institution to document its achievement of its stated mission and objectives, and for students to achieve the specific learning objectives of each course offered;
(2) Each institution shall develop and implement written policies and procedures providing for the participation by duly qualified faculty in the conducting of research, development of curricula, academic planning, enforcement of standards of academic quality, pursuit of academic matters related to the institution's mission and objectives, establishment of criteria for contracting with new faculty, and evaluation of faculty credentials;
(3) In determining the number of faculty sufficient to satisfy subdivision (a)(1) of this section and to implement the policies established pursuant to subdivision (a)(2) of this section, the institution shall base its faculty requirements on all of the following factors:
(A) The educational level and number of students;
(B) The number of hours needed for direct interaction between students and faculty per course, quarter, semester, or other term;
(C) The number of hours needed to be spent on evaluating written materials prepared by students, such as distance education, papers, and examinations, per course, quarter, semester, or other term;
(D) The number of group meetings per course, quarter, semester, or other term;
(E) The faculty duties established by the institution as required under subdivision (a)(2) of this section; and
(F) The number of hours per week or units per term considered full-time for faculty in the institution.
(4) The faculty shall have sufficient expertise to support the institution's awarding of a degree identifying a specialty or major field of emphasis, demonstrated by, at a minimum:
(A) That the person possesses one of the following:
1. a degree from: an institution approved by the Bureau or previously approved by a predecessor agency of the Bureau; or an accredited institution in the United States or Canada; or other state approved institution that documents that the institution at which the faculty member earned his or her degree is equivalent to an institution that is approved by the Bureau; or an institution outside the United States or Canada and in addition provides a comprehensive evaluation of the degree performed by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES).
2. a credential generally recognized in the field of instruction.
(B) The degree, professional license, or credential possessed by the person shall be at least equivalent to the level of instruction being taught or evaluated;
(5) The institution's faculty as a whole shall possess a diverse educational background which shall be demonstrated in part by earned degrees from a variety of colleges and universities or by credentials generally recognized in the field of instruction;
(6) When contracting for educational services, the institution shall maintain control of, and responsibility for, all academic matters, and shall assure that the instruction and faculty satisfy the standards established by the Act and this chapter;
(7) The institution shall not employ or continue to employ any faculty who were adjudicated in a judicial or administrative proceeding as having violated any provision of the Act or this chapter or as having committed any act that would constitute grounds for the denial of a license under Section 480 of the Business and Professions Code;
(8) Each institution shall have a written Academic Freedom Policy which describes the latitude the institution allows faculty in the classroom so faculty will not inadvertently violate the principles of academic freedom. These policies shall be made available to any person upon request. The institution shall not take adverse action based on a staff member's exercise of academic freedom consistent with the institution's policy; and
(9) The institution shall maintain records documenting that each faculty member is duly qualified and was qualified to perform the duties to which the faculty member was assigned, including providing instruction, evaluating learning outcomes, evaluating graduate dissertations, theses, and student projects, and participating on doctoral committees.
(b) Instructors in an Educational Program Not Leading to a Degree.
(1) An institution shall employ instructors who possess the academic, experiential and professional qualifications to teach, including a minimum of three years of experience, education and training in current practices of the subject area they are teaching. If an instructor does not possess the required three years of experience, education and training in the subject area they are teaching, the institution shall document the qualifications the instructor possesses that are equivalent to the minimum qualifications.
(2) Each instructor shall maintain their knowledge by completing continuing education courses in his or her subject area, classroom management or other courses related to teaching.
(3) The institution shall not employ or continue to employ an instructor who was adjudicated in a judicial or administrative proceeding as having violated any provision of the Act or this chapter, or as having committed any act that would constitute grounds for the denial of a license under Section 480 of the Business and Professions Code.
NOTE
Authority cited: Sections 94803, 94877 and 94885, Education Code. Reference: Section 94885, Education Code; and Section 480, Business and Professions Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order, including further amendment of section, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71725. Ownership and Management. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301 and 94310, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Note • History
(a) Each institution shall have a chief executive officer, a chief operating officer and chief academic officer. One person may serve more than one function.
(b) The duties, responsibilities, and performance evaluation criteria for each administrator shall be set forth in a personnel manual or other writing maintained by the institution.
(c) An institution with one or more branch locations shall establish written institutional policies, consistent with subdivision (d), regarding the division and sharing of administrative responsibilities between the central administration at the main location and the administration at the branch locations.
(d) The administrative staffing at each branch location shall reflect the purposes, size, and educational operations at that location and at any satellite location for which the branch has administrative responsibilities.
(e) The chief academic officer shall possess a degree or equivalent acceptable experience at least equal to the highest qualifications required of the institution's faculty. Chief academic officers employed on the date of implementation of these regulations, who do not meet the qualifications for their positions, shall have three years to earn the necessary degrees or experience to qualify them for their position.
(f) The institution shall employ administrative personnel who have the expertise to ensure the achievement of the institution's mission and objectives and the operation of the educational programs.
(g) The institution shall not employ or continue to employ any administrative personnel who were adjudicated in a judicial or administrative proceeding as having violated any provision of the Act or this chapter or as having committed any act that would constitute grounds for the denial of a license under Section 480 of the Business and Professions Code.
NOTE
Authority cited: Sections 94803, 94877 and 94885, Education Code. Reference: Section 94885, Education Code; and Section 480, Business and Professions Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of subsections (f) and (g) and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of subsections (f) and (g) and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71735. Facilities and Equipment.
Note • History
(a) An institution shall have sufficient facilities and necessary equipment to support the achievement of the educational objectives of all of the courses and educational programs in which students are enrolled. If an institution represents that the educational service will fit or prepare a student for employment in a particular occupation or as described in particular job titles, either of the following conditions shall be met:
(1) The equipment used for instruction or provided to the student shall be comparable in model type or features to equipment generally used in those occupations or job titles at the time the instruction is offered.
(2) The institution shall establish that the equipment used for instruction or provided to a student is not obsolete and is sufficient for instructional purposes to reasonably assure that a student acquires the necessary level of education, training, skill, and experience to obtain employment in the field of training and to perform the tasks associated with the occupation or job title to which the educational program was represented to lead.
(b) An institution's facilities, including heating and cooling, ventilation, lighting, classrooms, laboratories, and campus environs, shall be well-maintained. The institution shall maintain all valid permits required by any public agencies relating to the health and safety of the institution's facilities and equipment on file, and such permits shall be available to the Bureau upon request.
NOTE
Authority cited: Sections 94803, 94877 and 94885, Education Code. Reference: Section 94885, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section heading, section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section heading, section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71740. Library and Other Learning Resources.
Note • History
(a) A degree granting institution shall make available for student use a library and other learning resources.
(b) An institution shall provide or make provisions for the library and other learning resources needed to support each educational program it offers, including resources such as reference works, periodicals, monographs, and media and equipment specific to the educational programs offered.
(c) An institution shall describe onsite library and other learning resources, if any, that enable students to pursue inquiries, searches for information and documentation, and assignments connected with their study programs.
(d) An institution that depends for library and other learning resources primarily on other institutions' collections and resources not in its possession shall do all of the following:
(1) Describe those library and other learning resources, in the application and catalog.
(2) Provide students and faculty with access to the regular services of a professional librarian or information specialist experienced in the electronic retrieval of information, who shall provide support for faculty in curriculum matters and actively serve as a resource guide for both graduate and undergraduate students.
(3) Assure that students have access to the library collections and resources of another institution, organization, or library.
(4) Document compliance with paragraphs (1), (2), and (3).
NOTE
Authority cited: Sections 94803, 94877 and 94885, Education Code. Reference: Section 94885, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order, including further amendment of subsection (d)(4), transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Note • History
(a) The institution shall document that it has at all times sufficient assets and financial resources to do all of the following:
(1) Provide all of the educational programs that the institution represented it would provide.
(2) Ensure that all students admitted to its educational programs have a reasonable opportunity to complete the programs and obtain their degrees or diplomas.
(3) Maintain the minimum standards required by the Act and this chapter.
(4) Pay timely refunds as required by Article 13 of the Act.
(5) Pay all operating expenses due within 30 days.
(6) Maintain a ratio of current assets to current liabilities of 1.25 to 1.00 or greater at the end of the most recent fiscal year when using generally accepted accounting principles, or for an institution participating in Title IV of the federal Higher Education Act of 1965, meet the composite score requirements of the U.S. Department of Education. For the purposes of this section, current assets does not include: intangible assets, including goodwill, going concern value, organization expense, startup costs, long-term prepayment of deferred charges, and non-returnable deposits, or state or federal grant or loan funds that are not the property of the institution but are held for future disbursement for the benefit of students. Unearned tuition shall be accounted for in accordance with general accepted accounting principles.
(b) At an institution's request, the Bureau may consider the financial resources of a parent company if the parent company, as defined by section 94853 of the Code, meets and maintains all of the following provisions:
(1) consents in writing to be sued in California;
(2) consents in writing to be subject to the jurisdiction of the Bureau with respect to the institution's regulation under the Act and this Chapter;
(3) designates and maintains an agent for service of process, consistent with section 74190;
(4) agrees in writing to pay any refund, claim, penalty, or judgment that the institution is obligated to pay; and
(5) files financial reports, maintains financial records, and consents in writing to permit the inspection and copying of financial records to the same extent as is required of the institution.
(c) An institution shall provide to the Bureau its most current financial statements upon request.
NOTE
Authority cited: Sections 94803, 94877 and 94885, Education Code. Reference: Section 94885, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order, including further amendment of section, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71750. Withdrawals and Refunds.
Note • History
(a) Every institution shall make refunds that are no less than the refunds required under the Act and this Division.
(b) An institution may not enforce any refund policy that is not specified in the catalog as required pursuant to section 94909(a)(8)(B) of the Code, and must refund all institutional charges upon a student's withdrawal. Withdrawal policy procedures pursuant to section 94909(a)((8)(B) of the Code shall include, at a minimum: the acceptable methods of delivery of a notice to withdraw; whether withdrawal can be accomplished by conduct, and if so, how; the position or positions to whom the notice to withdraw must be delivered; and the date that the notice to withdraw is considered effective, which shall be no later than the date received by the institution.
(c) A pro rata refund pursuant to section 94919(c) or 94920(d) or 94927 of the Code shall be no less than the total amount owed by the student for the portion of the educational program provided subtracted from the amount paid by the student, calculated as follows:
(1) The amount owed equals the daily charge for the program (total institutional charge, divided by the number of days or hours in the program), multiplied by the number of days student attended, or was scheduled to attend, prior to withdrawal.
(2) Except as provided for in subdivision (a)(3) of this section, all amounts paid by the student in excess of what is owed as calculated in subdivision (a)(1) shall be refunded.
(3) Except as provided herein, all amounts that the student has paid shall be subject to refund unless the enrollment agreement and the refund policy outlined in the catalog specify amounts paid for an application fee or deposit not more than $250.00, books, supplies, or equipment, and specify whether and under what circumstances those amounts are non-refundable. Except when an institution provides a 100% refund pursuant to section 94919(d) or section 94920(b) of the Code, any assessment paid pursuant to section 94923 of the Code is non-refundable.
(4) For purposes of determining a refund under the Act and this section, a student shall be considered to have withdrawn from an educational program when he or she withdraws or is deemed withdrawn in accordance with the withdrawal policy stated in its catalog.
(d) If an institution has collected money from a student for transmittal on the student's behalf to a third party for a bond, library usage, or fees for a license, application, or examination and the institution has not paid the money to the third party at the time of the student's withdrawal or cancellation, the institution shall refund the money to the student within 45 days of the student's withdrawal or cancellation.
(e) An institution shall refund any credit balance on the student's account within 45 days after the date of the student's completion of, or withdrawal from, the educational program in which the student was enrolled. For purposes of this subdivision and section 94919(d) of the Code, “day” means calendar day.
(f) The institution shall maintain a cancellation and withdrawal log, kept current on a monthly basis, which shall include the names, addresses, telephone numbers, and dates of cancellations or withdrawal of all students who have cancelled the enrollment agreement with, or withdrawn from, the institution during the calendar year.
NOTE
Authority cited: Sections 94803, 94877 and 94885, Education Code. Reference: Sections 94885, 94919 and 94920, Education Code.
HISTORY
1. New section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-30-2010 order, including further amendment of section, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71760. Self-Monitoring Procedures.
Note • History
Each institution shall develop and maintain adequate procedures used by the institution to assure that it is maintained and operated in compliance with the Act and this Division.
NOTE
Authority cited: Sections 94803, 94877 and 94885, Education Code. Reference: Sections 94885, 94887 and 94888, Education Code.
HISTORY
1. New section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-30-2010 order, including further amendment of section, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Article 2. Admissions and Academic Achievement Standards
§71770. Admissions Standards and Transferred Credits Policy.
Note • History
(a) The institution shall establish specific written standards for student admissions for each educational program. These standards shall be related to the particular educational program. An institution shall not admit any student who is obviously unqualified or who does not appear to have a reasonable prospect of completing the program. In addition to any specific standards for an educational program, the admissions standards must specify as applicable that:
(1) Each student admitted to an undergraduate degree program, or a diploma program, shall possess a high school diploma or its equivalent, or otherwise successfully take and pass the relevant examination as required by section 94904 of the Code.
(2) Each student admitted into a post-baccalaureate degree program shall possess a bachelor's degree or its equivalent. If a graduate program leads to a profession or an occupation requiring state licensure and the licensing agency does not require that a member of the profession or occupation possess a Bachelor's degree or its equivalent, this subdivision does not apply.
(b) The institution shall specify the maximum credit it will transfer from another institution for each educational program, and the basis upon which the transferred credit will be awarded.
(1) Except as limited by subdivision (c) of this section, a maximum of 75 percent of the units or credit that may be applied toward the award of a bachelor's degree may be derived from a combination of any or both of the following:
(A) Units earned at institutions approved by the Bureau, public or private institutions of higher learning accredited by an accrediting association recognized by the U. S. Department of Education, or any institution of higher learning, including foreign institutions, if the institution offering the undergraduate program documents that the institution of higher learning at which the units were earned offers degree programs equivalent to degree programs approved by the Bureau or accredited by an accrediting association recognized by the U.S. Department of Education;
(B) Challenge examinations and standardized tests such as the College Level Placement Tests (CLEP) for specific academic disciplines.
(2) No more than 20% of graduate semester units or the equivalent in other units awarded by another institution may be transferred for credit toward a Master's degree. An institution may accept transfer credits only from the institutions of higher learning described in subsection (1)(A).
(3) No more than 30 graduate semester credits or its equivalent awarded by another institution may be credited toward a doctoral degree. This subdivision does not apply to graduate programs that lead to a profession or an occupation requiring state licensure where the licensing agency has a regulation permitting a different standard.
(c) If credit for prior experiential learning is to be granted, the policy for granting such credit shall be included in the institution's catalog.
(1) An institution may grant credit to a student for prior experiential learning only if:
(A) The prior learning is equivalent to a college or university level of learning;
(B) The learning experience demonstrates a balance between theory and practice and;
(C) The credit awarded for the prior learning experience directly relates to the student's degree program and is applied in satisfaction of some of the degree requirements.
(2) Each college or university level learning experience for which credit is sought shall be documented by the student in writing.
(3) Each college or university level learning experience shall be evaluated by faculty qualified in that specific subject area who shall ascertain (1) to what college or university level learning the student's prior experience is equivalent and (2) how many credits toward a degree may be granted for that experience.
(4) The faculty evaluating the prior learning shall prepare a written report indicating all of the following:
(A) The documents in the student's record on which the faculty member relied in determining the nature of the student's prior experience;
(B) The bases for determining that the prior experience (i) is equivalent to college or university level learning and (ii) demonstrates a balance between theory and practice; and
(C) The bases for determining (i) to what college or university level the experience is equivalent and (ii) the proper number of credits to be awarded toward the degree for that experience.
(5)(A) The institution shall designate at least one administrator to be responsible for the review of faculty determinations regarding the award of credit for prior experiential learning.
(B) The administrator shall document the institution's periodic review of faculty evaluations to assure that the faculty written evaluations and awards of credit comply with this section and the institution's policies and are consistent.
(6) The amount of credit awarded for prior experiential learning shall not be related to the amount charged the student for the assessment process.
(7)(A) Of the first 60 semester credits awarded a student in an undergraduate program, no more than 15 semester credits may be awarded for prior experiential learning.
(B) Of the second 60 semester units (i.e., credits 61 to 120) awarded a student in an undergraduate program, no more than 15 semester credits may be awarded for prior experiential learning.
(C) Of the first 30 semester credits awarded a student in a graduate program, no more than 6 semester credits may be awarded for prior experiential learning.
(D) Of the second 30 semester credits (i.e., credits 31 to 60) awarded a student in a graduate program, no more than 3 semester credits may be awarded for prior experiential learning.
(E) No credit for experiential learning may be awarded after a student has obtained 60 semester credits in a graduate program.
NOTE
Authority cited: Sections 94803, 94877 and 94885, Education Code. Reference: Sections 94885 and 94909, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendment of subsection (a) 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Renumbering and amendment of former chapter 2, article 12 heading to chapter 3, article 2 (sections 71770-71865) and amendment of section heading, section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Renumbering and amendment of former chapter 2, article 12 heading to chapter 3, article 2 (sections 71770-71865) and amendment of section heading, section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order, including further amendment of subsection (b)(2), transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71775. Standards for Student Academic Achievement. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301, 94310 and 94312, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Note • History
In addition to the requirements of section 94911 of the Code, an institution shall provide to each student an enrollment agreement that contains at the least the following information:
(a) The name and address of the institution and the addresses where instruction will be provided.
(b) Period covered by the enrollment agreement.
(c) Program start date and scheduled completion date.
(d) Date by which the student must exercise his or her right to cancel or withdraw, and the refund policy, including any alternative method of calculation if approved by the Bureau pursuant to section 94921 of the Code.
(e) Itemization of all institutional charges and fees including, as applicable:
(1) tuition;
(2) registration fee (non-refundable);
(3) equipment;
(4) lab supplies or kits;
(5) Textbooks, or other learning media;
(6) uniforms or other special protective clothing;
(7) in-resident housing;
(8) tutoring;
(9) assessment fees for transfer of credits;
(10) fees to transfer credits;
(11) Student Tuition Recovery Fund fee (non-refundable);
(12) any other institutional charge or fee.
(f) Charges paid to an entity other than an institution that is specifically required for participation in the educational program.
NOTE
Authority cited: Sections 94803, 94877 and 94885, Education Code. Reference: Sections 94885, 94902, 94906, 94911 and 94927, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendment of subsection (a) 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Deletion of article 13 heading and repealer of section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Deletion of article 13 heading and repealer of section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order, including adoption of new section, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Section 94312, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Note • History
(a) Each institution shall provide a catalog pursuant to section 94909 of the Code, which shall be updated annually. Annual updates may be made by the use of supplements or inserts accompanying the catalog. If changes in educational programs, educational services, procedures, or policies required to be included in the catalog by statute or regulation are implemented before the issuance of the annually updated catalog, those changes shall be reflected at the time they are made in supplements or inserts accompanying the catalog.
(b) The catalog shall contain the information prescribed by Section 94909 of the Code and all of the following:
(1) The specific beginning and ending dates defining the time period covered by the catalog;
(2) A statement of the institution's missions and purposes and the objectives underlying each of its educational programs;
(3) If the institution admits students from other countries, whether visa services are provided or whether the institution will vouch for student status, and any associated charges;
(4) Language proficiency information, including: (A) the level of English language proficiency required of students and the kind of documentation of proficiency, such as the Test of English as a Foreign Language (TOEFL), that will be accepted; and (B) whether English language services, including instruction such as ESL, are provided and, if so, the nature of the service and its cost;
(5) Whether any instruction will occur in a language other than English and, if so, the level of proficiency required and the kind of documentation of proficiency, such as the United States Foreign Service Language Rating System, that will be accepted;
(6) The institution's policies and practices regarding any form of financial aid, including all consumer information which the institution is required to disclose to the student under any state or federal financial aid program;
(7) The institution's policies and procedures for the award of credit for prior experiential learning, including assessment policies and procedures, provisions for appeal, and all charges that a student may be required to pay;
(8) The institution's standards for student achievement;
(9) A description of the facilities and of the types of equipment and materials that will be used for instruction;
(10) A description of library and other learning resources and the procedures for student access to those resources;
(11) If the institution offers distance education, the approximate number of days that will elapse between the institution's receipt of student lessons, projects, or dissertations and the institution's mailing of its response or evaluation.
(12) A description of all student services;
(13) Housing information including all of the following:
(A) Whether the institution has dormitory facilities under its control;
(B) The availability of housing located reasonably near the institution's facilities and an estimation of the approximate cost or range of cost of the housing; and
(C) If the institution has no responsibility to find or assist a student in finding housing, a clear and conspicuous statement so indicating. A statement that the program is “non- residential” does not satisfy this subparagraph.
(14) Policies on student rights, including the procedure for addressing student grievances; and
(15) Policies on the retention of student records.
NOTE
Authority cited: Sections 94803, 94877 and 94885, Education Code. Reference: Sections 94885 and 94909, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order, including further amendment of section, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71830. Degree Programs by Correspondence Instruction. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310 and 94312, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Deletion of article 14 heading and repealer of section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Deletion of article 14 heading and repealer of section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71850. Minimum Educational Requirements in Order to Award an Undergraduate Degree.
Note • History
Graduation requirements for an undergraduate degree program shall meet minimum credit requirements and shall include provisions for general education appropriate to the level and type of degree. The institution shall specify the distribution of general education credit requirements by subject area for each undergraduate degree program.
(a) A Bachelor's degree may be awarded to a student whom the institution can document has achieved sequential learning equivalent in general education and equivalent in depth of achievement in a designated major field to that acquired in four years of study beyond high school, as measured by a minimum of 120 semester credits or its equivalent. At least 25 percent of the credit requirements for a Bachelor's degree shall be in general education.
(b) An Associate degree may be awarded only to a student whom the institution can document has achieved sequential learning equivalent to that acquired in two years of study beyond high school, as measured by a minimum of 60 semester credits or its equivalent. Except as provided in subdivision (c) of this section, at least 25 percent of the credit requirements for an Associate degree shall be in general education.
(c) The Specialized Associate degree (Occupational) or the Associate of Applied Science degree may be awarded only to a student who completes at least the learning outcomes equivalent to a minimum of 60 semester credits or the equivalent. A minimum of seventy-five percent of the credits shall be in the occupational area for which training is offered. The general education offered as part of a Specialized Associate degree (Occupational) or an Associate of Applied Science degree program shall be such as is necessary for a student to achieve the educational objectives of the program in which the student is enrolled. General education shall be at the same level of quality as that taught in approved Bachelor's or Associate degree programs.
NOTE
Authority cited: Sections 94803, 94877 and 94885, Education Code. Reference: Section 94885, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendment of subsection (a) 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of subsection (c)(2) filed 10-27-94 as an emergency; operative 10-27-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 4-25-95 (pursuant to Education Code section 94337) or emergency language will be repealed by operation of law on the following day.
8. Editorial correction of History 7 (Register 95, No. 19).
9. Certificate of Compliance as to 10-27-94 order transmitted to OAL 3-30-95 and filed 5-10-95 (Register 95, No. 19).
10. Deletion of article 15 heading and amendment of section heading, section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
11. Deletion of article 15 heading and amendment of section heading, section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
12. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
13. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71855. Associate Degrees. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301 and 94310, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendment of subsection (a)(1) 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71860. Bachelor's Degree. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301 and 94310, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71865. Minimum Educational Requirements in Order to Award a Graduate Degree.
Note • History
(a) A Master's degree may only be awarded to a student who demonstrates at least the achievement of learning in a designated major field that is equivalent in depth to that normally acquired in a minimum of 30 semester credits or its equivalent or one year of study beyond the Bachelor's degree.
(b) A professional Doctoral degree may only be awarded to a student who has completed a prescribed level of study normally requiring a minimum of three academic years of full-time graduate study or the equivalent in part-time study; or, if the program leads to a profession or occupation requiring state licensure, which satisfies the requirements of the state agency. The degree shall include the name of the field in which it is offered (e.g., Juris Doctor or Doctor of Music).
(c)(1) A Doctor of Philosophy degree (Ph.D.) is a research-oriented degree requiring a minimum of three years of full-time graduate education or the equivalent in part-time study. Such a doctoral program shall include substantial instruction in both theory and research at an advanced level in a designated field and specialty, and may only be awarded to a student who has completed a program of study that includes research methodology and demonstrated learning achievement through original research directly attributable to the student. Each educational program leading to a Doctor of Philosophy degree shall involve preparation for scholarship and systematic inquiry.
(2)(A) Each Doctor of Philosophy program shall include a minimum of two formal evaluations of the student by a doctoral committee. The doctoral committee shall be composed of at least three members of the institution's own faculty who meet the qualifications in subdivision (c)(3).
(B) The first evaluation shall consider the student's qualifications, including the student's knowledge, skills, and conceptual framework, for undertaking rigorous inquiry into the student's designated field.
(C) The second evaluation shall consider the design procedures and products of a formal original inquiry proposed and completed by the student.
(3) The faculty members who serve on each student's doctoral examining committee shall meet the following qualifications:
(A) Each member shall have earned a Doctoral degree from: an institution that is approved by the Bureau or previously approved by a predecessor agency of the Bureau; or an accredited institution in the United States or Canada; or other state approved institution that documents that the institution at which the faculty member earned his or her degree is equivalent to an institution that is approved by the Bureau; or an institution outside the United States or Canada and in addition provides a comprehensive evaluation of the degree performed by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES).
(B) The chair and the majority of the committee shall have earned degrees related to the student's field of investigation.
(C) A minimum of 50% of the faculty on the committee shall have degrees conferred by an institution accredited by an accrediting association recognized by the United States Department of Education or the American Bar Association, unless the accreditation does not exist.
(D) All of the faculty shall have three or more years of field or research experience related to their degrees obtained after they obtained their degrees.
(E) All of the faculty shall have been active in their field of scholarship or profession during the five year period preceding their participation on the committee.
(4) The formal evaluation procedures shall provide the committee as a whole with the opportunity to jointly examine the candidate.
(5) If the candidate is not physically present and the evaluation must take place by telephone or other means of electronic communication, one of the following shall apply:
(A) One faculty member on the student's doctoral committee from the main location (i.e., the state in which the program is licensed or otherwise officially approved) must be present at the location where the doctoral student is examined.
(B) A proctor, selected and approved by the doctoral committee, shall sit as an observer with the student at the distant location and verify, under penalty of perjury under the laws of the State of California, the identity of the student and the facts that the student received no prompting by anyone and did not have access to unallowed materials during the evaluation process.
(6) If a project includes more than one student, the individual student's role and contributions shall be clearly identified and documented.
(7) The institution shall maintain a written record of the evaluations. This record shall include the names and signatures of all committee members who participated in the evaluations.
(d) No more than 25 percent of the credits required for graduate degree programs may be awarded for a final product such as a thesis, dissertation, or product.
(e) Dissertations, theses and other products submitted by a student as part of a graduate program shall be signed by all faculty members recommending the student for an award of a degree.
NOTE
Authority cited: Sections 94803, 94877 and 94885, Education Code. Reference: Section 94885, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Deletion of article 16 heading and amendment of section heading, section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Deletion of article 16 heading and amendment of section heading, section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order, including further amendment of subsection (c)(3)(A), transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71870. Master's Degrees. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301 and 94310, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71875. Professional Doctoral Degree. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301 and 94310, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71880. Doctorate Degrees. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301 and 94310, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendment of subsection (a) 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71885. Doctoral Committees. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301 and 94310, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71890. Credit for Prior Experiential Learning. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301 and 94310, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Deletion of article 17 heading and repealer of section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Deletion of article 17 heading and repealer of section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71900. Annual Report. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94311.4, 94312.2 and 94330, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Deletion of article 18 heading and repealer of section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Deletion of article 18 heading and repealer of section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71905. Financial Reports. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94311.4, 94312.2 and 94330, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Article 3. Maintenance and Production of Records
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Section 94310, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Renumbering of former chapter 2, article 19 heading to chapter 3, article 3 (sections 71910-71930) and repealer of section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Renumbering of former chapter 2, article 19 heading to chapter 3, article 3 (sections 71910-71930) and repealer of section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Note • History
(a) The institution shall maintain a file for each student who enrolls in the institution whether or not the student completes the educational service.
(b) In addition to the requirements of section 94900, the file shall contain all of the following pertinent student records:
(1) Written records and transcripts of any formal education or training, testing, or experience that are relevant to the student's qualifications for admission to the institution or the institution's award of credit or acceptance of transfer credits including the following:
(A) Verification of high school completion or equivalency or other documentation establishing the student's ability to do college level work, such as successful completion of an ability-to-benefit test;
(B) Records documenting units of credit earned at other institutions that have been accepted and applied by the institution as transfer credits toward the student's completion of an educational program;
(C) Grades or findings from any examination of academic ability or educational achievement used for admission or college placement purposes;
(D) All of the documents evidencing a student's prior experiential learning upon which the institution and the faculty base the award of any credit;
(2) Personal information regarding a student's age, gender, and ethnicity if that information has been voluntarily supplied by the student;
(3) Copies of all documents signed by the student, including contracts, instruments of indebtedness, and documents relating to financial aid;
(4) Records of the dates of enrollment and, if applicable, withdrawal from the institution, leaves of absence, and graduation; and
(5) In addition to the requirements of section 94900(b) of the Code, a transcript showing all of the following:
(A) The courses or other educational programs that were completed, or were attempted but not completed, and the dates of completion or withdrawal;
(B) Credit awarded for prior experiential learning, including the course title for which credit was awarded and the amount of credit;
(C) Credit for courses earned at other institutions;
(D) Credit based on any examination of academic ability or educational achievement used for admission or college placement purposes;
(E) The name, address, website address, and telephone number of the institution.
(6) For independent study courses, course outlines or learning contracts signed by the faculty and administrators who approved the course;
(7) The dissertations, theses, and other student projects submitted by graduate students;
(8) A copy of documents relating to student financial aid that are required to be maintained by law or by a loan guarantee agency;
(9) A document showing the total amount of money received from or on behalf of the student and the date or dates on which the money was received;
(10) A document specifying the amount of a refund, including the amount refunded for tuition and the amount for other itemized charges, the method of calculating the refund, the date the refund was made, and the name and address of the person or entity to which the refund was sent;
(11) Copies of any official advisory notices or warnings regarding the student's progress; and
(12) Complaints received from the student.
NOTE
Authority cited: Sections 94803 and 94877, Education Code. Reference: Sections 94885, 94900 and 94927.5, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendment of subsection (b)(5)(A) 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order, including further amendment of section and Note, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71930. Maintenance of Records.
Note • History
(a) An institution shall maintain all records required by the Act and this chapter. The records shall be maintained in this state.
(b)(1) In addition to permanently retaining a transcript as required by section 94900(b) of the Code, the institution shall maintain for a period of 5 years the pertinent student records described in Section 71920 from the student's date of completion or withdrawal.
(2) Notwithstanding (b)(1), the institution shall maintain records relating to federal financial aid programs as provided by federal law.
(c) A record is considered current for three years following a student's completion or withdrawal. A record may be stored on microfilm, microfiche, computer disk, or any other method of record storage only if all of the following apply:
(1) The record may be stored without loss of information or legibility for the period within which the record is required to be maintained by the Act;
(2) For a record that is current, the institution maintains functioning devices that can immediately reproduce exact, legible printed copies of stored records. The devices shall be maintained in reasonably close proximity to the stored records at the institution's primary administrative location in California. For a record that is no longer current, the institution shall be able to reproduce exact, legible printed copies within two (2) business days.
(3) The institution has personnel scheduled to be present at all times during normal business hours who know how to operate the devices and can explain the operation of the devices to any person authorized by the Act to inspect and copy records; and
(4) Any person authorized by the Act or this chapter to inspect and copy records shall be given immediate access to the document reproduction devices for the purpose of inspecting and copying stored records and shall, upon request, reimburse the institution for the reasonable cost of using the institution's equipment and material to make copies at a rate not to exceed ten cents ($0.10) per page.
(d) The institution shall maintain a second set of all academic and financial records required by the Act and this chapter at a different location unless the original records, including records stored pursuant to subdivision (b) of this section, are maintained in a manner secure from damage or loss. An acceptable manner of storage under this subsection would include fire resistant cabinets.
(e) All records that the institution is required to maintain by the Act or this chapter shall be made immediately available by the institution for inspection and copying during normal business hours by the Bureau and any entity authorized to conduct investigations.
(f) If an institution closes, the institution and its owners are jointly and severally responsible to arrange at their expense for the storage and safekeeping in California of all records required to be maintained by the Act and this chapter for as long as those records must be maintained. The repository of the records shall make these records immediately available for inspection and copying, without charge except as allowed under subdivision (c)(4) of this section, during normal business hours by any entity authorized by law to inspect and copy records.
NOTE
Authority cited: Sections 94803 and 94877, Education Code. Reference: Sections 94885, 94900 and 94900.5, Education Code.
HISTORY
1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendment of subsections (c) and (e) 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order, including further amendment of section and Note, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72000. Definitions. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94302 and 94310, Education Code.
HISTORY
1. New chapter 3, article 1 and section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Deletion of chapter 3 and article 1 headings and repealer of section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Deletion of chapter 3 and article 1 headings and repealer of section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72005. Requirements for a Course of Study. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310, 94312 and 94316, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72010. Applicability of Chapter. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301, 94310, 94311.4, 94312, 94312.2 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72020. Vocational Diploma Programs Offered by Degree-Granting Institutions. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310, 94316, 94316.05 and 94316.1, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72101. Application Procedures. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310, 94330, 94331 and 94331.5, Education Code.
HISTORY
1. New article 2 and section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Deletion of article 2 heading and repealer of section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Deletion of article 2 heading and repealer of section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72105. Application Form. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310, 94330, 94331 and 94331.5, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72110. Institution's Name, Address, Telephone Number of Primary Administrative Office. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310, 94315 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72120. Form of Business Organization. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94302, 94310 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72130. Institution Ownership and Control; Violations of Law. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301, 94310 and 94330, Education Code; and Section 480, Business and Professions Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72140. Organization and Management. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301, 94310 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72150. Governing Board. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301, 94310 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72160. Institution Representative. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301, 94310 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72170. Mission, Purposes, and Objectives. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Section 94310, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72180. Exemplars of Student Agreements. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94312 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72190. Financial Aid Students. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310, 94312.2, 94343.5 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72200. Advertising and Other Public Statements. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301, 94312, 94312.2 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72210. Instruction and Degrees Offered. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310, 94312 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72220. Description of Educational Service. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301, 94310, 94312, 94320 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72230. Instruction in Languages Other Than English. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72240. Financial Reports. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310, 94311.4, 94312.2 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72260. Facilities and Equipment. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72270. Libraries and Other Learning Resources. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72280. Student Services. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72290. Copy of Catalog. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310, 94312 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72300. Graduation Document. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72310. Recordkeeping; Custodian of Records. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310, 94312 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72330. Operational Plan. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310, 94311.4 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72340. Additional Information. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94311, 94311.4 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72360. Approval for a Particular Educational Program or Degree Title. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72380. Signatures and Certification. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 2015.5, Code of Civil Procedure; Sections 94310 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72400. Processing of Completed Applications. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Section 94310, Education Code; Sections 15735 and 15736, Government Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72405. Change in Circumstance Affecting Application Information. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72410. Right to an Administrative Hearing. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Section 94330(l), Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72415. Length of Approval to Operate. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Section 94310, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72420. Applications from Institutions Operating on December 31, 1990. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Section 94310, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72450. Visiting Committees. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94305 and 94310, Education Code.
HISTORY
1. New article 3 and section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Deletion of article 3 heading and repealer of section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Deletion of article 3 heading and repealer of section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72455. Challenge to the Visiting Committee. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94305 and 94310, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72460. Duties of the Visiting Committee. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94305 and 94310, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72465. Visiting Committee Report. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94305 and 94310, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72470. Institution Cooperation with Visiting Committee. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94305 and 94310, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72500. Application to Change Location Required. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310, 94312, 94320 and 94330(k)(13), Education Code; and Sections 15375 and 15376, Government Code.
HISTORY
1. New article 4 and section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Deletion of article 4 heading and repealer of section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Deletion of article 4 heading and repealer of section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72505. Contents of Application for Change in Location. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310, 94312 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72515. Council Approval. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310 and 94312, Education Code; and Sections 15375 and 15376, Government Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72520. Emergency Application for Change in Location. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310 and 94312, Education Code; Sections 15375 and 15376, Government Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72550. Application for Addition of Location. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72555. Contents of the Application. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72560. Processing of Application. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Section 94310, Education Code; Sections 15735 and 15736, Government Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72565. Decision on the Application. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Section 94310, Education Code; Sections 15735 and 15736, Government Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72570. Change of Institutional Name. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310 and 94312, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72600. Application for Change. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Section 94310, Education Code.
HISTORY
1. New article 5 and section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Deletion of article 5 heading and repealer of section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Deletion of article 5 heading and repealer of section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72605. Contents of Application. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Section 94310, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72610. Processing of Application. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Section 94310, Education Code; Sections 15735 and 15736, Government Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72615. Decision on the Application. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94305 and 94310, Education Code; Sections 15735 and 15736, Government Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72650. Branch Locations. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94302 and 94310, Education Code.
HISTORY
1. New article 6 and section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Deletion of article 6 heading and repealer of section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Deletion of article 6 heading and repealer of section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72655. Satellite Locations. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94302 and 94310, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72700. Operational Standards. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301, 94305, 94310, 94311.4, 94312 and 94330, Education Code.
HISTORY
1. New article 7 and section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Deletion of article 7 heading and repealer of section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Deletion of article 7 heading and repealer of section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72701. Applicability of Standards. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94377, Education Code. Reference: Sections 94301, 94305, 94310, 94311.4, 94312 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72705. Mission, Purposes, and Objectives. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94377, Education Code. Reference: Sections 94301, 94305, 94310, 94311.4, 94312 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72710. Curriculum. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Section 94310, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72715. Instruction. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301, 94305 and 94310, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Section 94310, Education Code; Section 480, Business and Professions Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72725. Ownership and Management. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301 and 94310, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72730. Administration. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301 and 94310, Education Code; Section 480, Business and Professions Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72735. Facilities. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301 and 94310, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72740. Library and Other Learning Resources. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301 and 94310, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72745. Financial Resources. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301, 94310, 94311.4 and 94316.6, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72770. Statement of Admissions Policy. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301, 94310 and 94312, Education Code.
HISTORY
1. New article 8 and section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Deletion of article 8 heading and repealer of section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Deletion of article 8 heading and repealer of section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72775. Standards for Student Academic Achievement. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301, 94310 and 94312, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72800. Enrollment Agreement and Charges. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301 and 94312, Education Code.
HISTORY
1. New article 9 and section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Deletion of article 9 heading and repealer of section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Deletion of article 9 heading and repealer of section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Section 94312, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301, 94310 and 94312, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72830. Degree Programs by Correspondence Instruction. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310 and 94312, Education Code.
HISTORY
1. New article 10 and section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Deletion of article 10 heading and repealer of section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Deletion of article 10 heading and repealer of section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72850. General Provisions. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301 and 94310, Education Code.
HISTORY
1. New article 11 and section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Deletion of article 11 heading and repealer of section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Deletion of article 11 heading and repealer of section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72855. Associate Degrees. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301 and 94310, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72860. Bachelor's Degree. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301 and 94310, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72865. General Provisions. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301 and 94310, Education Code.
HISTORY
1. New article 12 and section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Deletion of article 12 heading and repealer of section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Deletion of article 12 heading and repealer of section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72870. Master's Degrees. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301 and 94310, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72875. Professional Doctoral Degree. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301 and 94310, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72880. Doctorate Degrees. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301 and 94310, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72885. Doctoral Committees. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301 and 94310, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72890. Credit for Prior Experiential Learning. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301 and 94310, Education Code.
HISTORY
1. New article 13 and section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Deletion of article 13 heading and repealer of section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Deletion of article 13 heading and repealer of section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72900. Annual Report. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94311.4, 94312.2 and 94330, Education Code.
HISTORY
1. New article 14 and section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Deletion of article 14 heading and repealer of section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Deletion of article 14 heading and repealer of section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72905. Financial Reports. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94311.4, 94312.2 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310, 94312 and 94330, Education Code.
HISTORY
1. New article 15 and section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Deletion of article 15 heading and repealer of section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Deletion of article 15 heading and repealer of section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Section 94310, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72920. Student Records. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94310, 94312 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§72930. Maintenance of Records. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94301, 94310, 94312 and 94330, Education Code.
HISTORY
1. New section filed 7-17-95; operative 8-16-95 (Register 95, No. 29).
2. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73000. Definitions and References. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94710, 94711-94746, 94774, 94778, 94882 and 94920, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order including repealer of subsection (i) and subsection relettering transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending section and Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Deletion of chapter 4 and article 1 headings and repealer of chapter 4 (articles 1-11, sections 73000-73910), article 1 (sections 73000-73010) and section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Deletion of chapter 4 and article 1 headings and repealer of chapter 4 (articles 1-11, sections 73000-73910), article 1 (sections 73000-73010) and section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73010. Applicability of Chapter. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94774, 94778, 94850, 94882 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending subsections (a) and (b) and amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73100. Application Form. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94802, 94915 and 94932, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending subsections (a) and (b) and amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Deletion of article 2 heading and repealer of section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73110. Institution's Name, Address, Telephone Number of Primary Administrative Office. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94802 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73120. Form of Business Organization. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94802 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73130. Institution Ownership and Control; Violations of Law. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94705, 94802, 94850, 94851, 94879, 94881 and 94915, Education Code; Section 480, Business and Professions Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order including amendment of subsection (a) transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending subsection (c)(1) and amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73140. Organization and Management. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94705, 94802, 94850, 94851, 94879, 94881 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73150. Governing Board. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94705, 94802, 94850, 94851, 94859 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73160. Student Progress, Review, and Notification. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774 and 94778, Education Code. Reference: Sections 94802 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73165. Institution Representative. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: 94705, 94802, 94850, 94851 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending section and Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73170. Exemplars of Student Agreements; Written Disclosures. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94802, 94853, 94859, 94866, 94868 and 94871, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending section and Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73180. Financial Aid Students. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94802, 94808, 94915 and 94947, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73190. Advertising and Other Public Statements. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94705, 94802, 94808, 94832, 94850 and 94851, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73200. Instruction Offered. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94802, 94851 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§71130. Description of Educational Service. [Repealed]
Note • History
NOTE
Authority cited: Section 94774, 94778 and 94882, Education Code. Reference: Sections 94705, 94802, 94831, 94832, 94850, 94851, 94854, 94875 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order including amendment of subsection (a)(6) transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
§73210. Description of Educational Service. [Repealed]
Note • History
NOTE
Authority cited: Section 94774, 94778 and 94882, Education Code. Reference: Sections 94705, 94802, 94831, 94832, 94850, 94851, 94854, 94875 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order including amendment of subsection (a)(6) transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73220. Minimum Level of Education. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94802 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73230. Instruction in Languages Other Than English. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94802, 94851 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73240. Instruction to Non-English Speaking Students. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94802, 94832, 94851, 94875 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending subsection (d) and amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73260. Financial Reports. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94802, 94804, 94808, 94855 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending subsections (b)(2) and (c) and amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73270. Instructors. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94802, 94850, 94851 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73280. Facilities and Equipment. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94802, 94850, 94851 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending subsection (e) and amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94802, 94850, 94851 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73300. Student Services. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94802, 94850, 94851 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73310. Recordkeeping; Custodian of Records. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94802, 94850, 94851, 94854, 94874 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73320. Copy of Catalog. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94802, 94814, 94850, 94851, 94859 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending section and Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73330. Job Placement Assistance. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94802, 94850, 94851 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73340. Self-Monitoring Procedures. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: 94802, 94850, 94851 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73350. Claim of Exemption. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94790, 94802 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending section and Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73360. Entrance Tests. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94802, 94872 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending section and Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73380. Operational Plan. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94802, 94804, 94855 and 94915(f) and (g), Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending subsection (a) and amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73390. Additional Information. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94802, 94804, 94850, 94851 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending subsections (a) and (b) and amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73400. Unavailable Information. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94802 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73410. Approval for A Particular Educational Service, Course, or Program. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94802 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order including amendment of section transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73420. Student Records. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94802 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73430. Certification of Compliance. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94800, 94802, 94831, 94850, 94851, 94985 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73440. Signatures and Certification. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94802 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73470. FAA Certified Flight Schools. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94930 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73480. Truck Driving Schools. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94802, 94915 and 94925, Education Code; and Division 14.8 (commencing with Section 34500) of the Vehicle Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order including repealer of subsections (a)(2) and (a)(4), new subsections (a)(3) and (c) and subsection relettering and amendment of Note transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73500. Processing Time for Completed Applications. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774 and 94778, Education Code. Reference: Section 94915, Education Code; Sections 15375 and 15376, Government Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending section and Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Deletion of article 3 heading and repealer of article 3 (sections 73500-73540) and section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Deletion of article 3 heading and repealer of article 3 (sections 73500-73540) and section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73520. Change in Circumstance Affecting Application Information. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: 94802, 94850, 94851 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending subsection (a) and amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73530. Priority of Review. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774 and 94778, Education Code. Reference: Section 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending first paragraph and Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73540. Length of Approval to Operate. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774 and 94778, Education Code. Reference: Section 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending section and Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73550. Application for Approval to Change Name. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774 and 94778, Education Code. Reference: Sections 94832 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order including amendment of section transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending section and Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Deletion of article 4 heading and repealer of article 4 (sections 73550-73590) and section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Deletion of article 4 heading and repealer of article 4 (sections 73550-73590) and section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73560. Contents of Application. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94311 and 94316.3, Education Code; Sections 15375 and 15376, Government Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Repealer filed 10-14-92; operative 10-14-92 (Register 92, No. 42).
§73570. Approval of Name Change. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94311 and 94316.3, Education Code. Sections 15735 and 15736, Government Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Repealer filed 10-14-92; operative 10-14-92 (Register 92, No. 42).
§73580. Payment of Fees, Costs, and Expenses. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94311, 94316.3 and 94331, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Repealer filed 10-14-92; operative 10-14-92 (Register 92, No. 42).
§73590. Notice of Denial; Right to Hearing. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94311 and 94316.3, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Repealer filed 10-14-92; operative 10-14-92 (Register 92, No. 42).
§73600. Application to Change Location Required. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94803(o), 94873(h)(2) and 94915, Education Code; Sections 15375 and 15376, Government Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending section and Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Deletion of article 5 heading and repealer of article 5 (sections 73600-73650) and section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Deletion of article 5 heading and repealer of article 5 (sections 73600-73650) and section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73610. Contents of Application for Change in Location. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94873 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73620. Notice to Students of Change in Location. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94873 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending subsection (c) and amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73630. Approval to Change Location Pursuant to Section 94873(h)(2) of the Code. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94873 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending section heading, section and Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73640. Bureau Approval. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94873 and 94915, Education Code; Sections 15375 and 15376, Government Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending section heading, section and Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73650. Emergency Application for Change in Location. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94873 and 94915, Education Code; Sections 15375 and 15376, Government Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending subsections (b), (c) and (d) and amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73660. Application for Certificate of Authorization; Applicability. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94831, 94877, 94915 and 94985, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect adding new article 6 and amending section and Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Deletion of article 6 heading and repealer of article 6 (sections 73660-73690) and section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Deletion of article 6 heading and repealer of article 6 (sections 73660-73690) and section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73670. Contents of Application. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Section 94915, 94920 and 94932, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73680. Bureau Review and Decision. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Section 94915 and 94920, Education Code; Sections 15375 and 15376, Government Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73690. Instructional Staff Vacancies. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Section 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending section and Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73700. Quality of Instruction; Educational Objectives. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94802, 94831, 94832, 94850, 94854, 94875 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending subsections (b) and (c) and amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Deletion of article 7 heading and repealer of article 7 (sections 73700-73740) and section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Deletion of article 7 heading and repealer of article 7 (sections 73700-73740) and section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73710. Physical Facilities, Equipment, and Materials. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94850, 94875 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73720. Instructors. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94850, 94875, 94915 and 94920, Education Code; Section 480, Business and Professions Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73730. Financial Aid Director and Officers. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94850, 94875, 94915 and 94920, Education Code; Section 480, Business and Professions Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73740. Officers, Directors, Owners. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94850, 94851, 94879, 94881 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending subsections (c) and (d) and amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73750. Catalog Requirements. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94802, 94814, 94831, 94850, 94851, 94859 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order including amendment of opening paragraph and Note transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending subsections (h) and (m) and amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Deletion of article 8 heading and repelaer of article 8 (sections 73750-73790) and section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Deletion of article 8 heading and repealer of article 8 (sections 73750-73790) and section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73760. Cosmetology School Catalog Requirements. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Section 94915(i), Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order including amendment of section transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73765. Monitoring Student Progress. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774 and 94778, Education Code. Reference: Section 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73770. Student Complaint Procedures. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94832, 94866, 94876 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending subsections (a)(1) and (b)(4) and amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73780. Documents of Completion. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94830 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73790. Disclosures; Performance Standards. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference: Sections 94816, 94832, 94850, 94851, 94854 and 94859, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending section and Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73800. Refunds under Section 94870 of the Code. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference cited: Sections 94869 and 94870, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order including amendment of subsection (a)(2) and repealer of subsection (a)(2)(C) transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending article heading, section heading, section and Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Deletion of article 9 heading and repealer of article 9 (sections 73800-73832) and section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Deletion of article 9 heading and repealer of article 9 (sections 73800-73832) and section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73820. English-As-A-Second Language (“ESL”) Instruction; Independent Test Administration for ESL Programs. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference cited: Section 94865, Education Code.
HISTORY
1. New section filed 11-15-93 with Secretary of State pursuant to Governor's decision to overturn OAL's decision of disapproval; operative 12-15-93 (Register 93, No. 47).
2. Change without regulatory effect amending first paragraph and Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
3. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
4. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73830. Definitions. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774 and 94778, Education Code. Reference: Section 94865, Education Code.
HISTORY
1. New section filed 6-9-95; operative 7-10-95 (Register 95, No. 23).
2. Change without regulatory effect amending section and Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
3. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
4. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73831. Minimum Test Scores. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774 and 94778, Education Code. Reference: Section 94865, Education Code.
HISTORY
1. New section filed 6-9-95; operative 7-10-95 (Register 95, No. 23).
2. Change without regulatory effect amending section heading, section and Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
3. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
4. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73832. Recognition of Tests. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774 and 94778, Education Code. Reference: Section 94865, Education Code.
HISTORY
1. New section filed 6-9-95; operative 7-10-95 (Register 95, No. 23).
2. Change without regulatory effect amending section and Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
3. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
4. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73850. Annual Report. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference cited: Sections 94806, 94808, 94861 and 94862, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending section and Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Deletion of article 10 heading and repealer of article 10 (sections 73850-73860) and section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Deletion of article 10 heading and repealer of article 10 (sections 73850-73860) and section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73860. Financial Reports. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference cited: Sections 94808, 94861 and 94862, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order including amendment of subsection (b)(1) transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending subsections (b)(2) and (b)(4) and amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference cited: Sections 94705, 94770, 94771, 94802, 94829, 94850, 94851, 94854, 94859, 94867, 94869, 94874 and 94945, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order including amendment of Note transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending subsection (c) and amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Deletion of article 11 heading and repealer of article 11 (sections 73870-73910) and section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Deletion of article 11 heading and repealer of article 11 (sections 73870-73910) and section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73880. Course Syllabus. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference cited: Sections 94874 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order including amendment of opening paragraph transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Note • History
NOTE
Authority cited: Sections 94774 and 94778, Education Code. Reference cited: Section 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73900. Student Records. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference cited: Sections 94829, 94874 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order including amendment of subsections (a) and (b) transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending subsection (b)(3) and amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§73910. Maintenance of Records. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94882, Education Code. Reference cited: Sections 94829, 94874 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order including amendment of subsection (c)(4) and transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending subsection (a) and amending Note filed 1-7-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Chapter 4. Institutions -- General Provisions
Article 1. Fees and Payment Schedule
§74000. Fees and Penalties -- General Provisions.
Note • History
(a) An institution shall pay the fees established by Article 17 of the Act. A failure to include a fee with an application or other request renders the application or request incomplete.
(b) All fees lawfully collected are non-refundable.
(c) A fee that is not paid timely is subject to penalty as set forth in section 94931 of the Code.
(d) The Bureau shall deny a renewal of an approval to operate if the institution fails to submit at the time it files its application for renewal of an approval to operate: all unpaid fees; penalty fees; penalties; orders for reimbursement of costs and expenses; and assessments for, and reimbursement of all payments made to students from, the Student Tuition Recovery Fund.
(e)(1) If an institution fails to pay any fee and any penalty fees timely, the Bureau may initiate proceedings to revoke the institution's approval to operate for failure to pay fees.
(2) Any proceeding to revoke an institution's approval to operate is subject to the provisions of Chapter 5 of the Administrative Procedures Act. If a hearing is requested, it shall be limited to the issues of whether any fee or penalty was owed and, if so, whether the fee or penalty were paid when originally due.
(3) The procedure specified in this subdivision is cumulative to any other right or remedy the Bureau may invoke against an institution which fails to pay its annual fee or a penalty fee when originally due. Nothing in this subdivision restricts the Bureau's authority to bring other administrative or judicial action against an institution that fails to pay its fees when due.
(4) An institution whose approval to operate was revoked because of nonpayment of an annual fee or penalty fee may seek to obtain approval to operate only by filing an application for a new approval to operate.
NOTE
Authority cited: Sections 94803 and 94877, Education Code. Reference: Sections 94930.5, 94931.5, 94932 and 94933, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order including amendment of subsections (f)(1), (f)(3) and (f)(4) and repealer and new subsection (f)(2) transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending section and Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
4. Renumbering of former chapter 5 to chapter 4 (articles 1-3, sections 74000-74200) and amendment of section heading, section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Renumbering of former chapter 5 to chapter 4 (articles 1-3, sections 74000-74200) and amendment of section heading, section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order, including repealer of subsection (c) and subsection relettering, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Note • History
(a) “Annual fee” or “annual institutional fee” is the fee required by subdivision (d) of section 94930.5 of the Code.
(b) “Annual gross revenue” means all revenue such as tuition, fees, and other charges derived by an institution, during its last fiscal year ending before the due date of an annual fee payment, from any source for any education, instruction, training, or any services incident thereto. “Annual gross revenue” does not include unearned tuition and refunds. An institution shall account for “annual gross revenue” in accordance with generally accepted accounting principles.
NOTE
Authority cited: Sections 94803 and 94877, Education Code. Reference: Section 94930.5, Education Code.
HISTORY
1. New section filed 11-15-93 with Secretary of State pursuant to Governor's decision to overturn OAL's decision of disapproval; operative 12-15-93 (Register 93, No. 47).
2. Change without regulatory effect amending subsection (c), repealing subsections (j)-(j)(4) and amending Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
3. Amendment of section heading, section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
4. Amendment of section heading, section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§74004. Request for Verification of Exemption.
Note • History
The fee to request verification that the institution is exempt pursuant to Section 94874 is $250.00.
NOTE
Authority cited: Sections 94803, 94874.7 and 94877, Education Code. Reference: Section 94874.7, Education Code.
HISTORY
1. New section filed 11-15-93 with Secretary of State pursuant to Governor's decision to overturn OAL's decision of disapproval; operative 12-15-93 (Register 93, No. 47).
2. Change without regulatory effect amending section and Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
3. Amendment of section heading, section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
4. Amendment of section heading, section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Note • History
(a) An institution's annual fee is due within 30 days of the date on which the institution originally receives its approval to operate and each year thereafter on the anniversary of the date of the original approval.
(b) An institution shall pay its annual fee in addition to any other applicable fees.
(c) The annual institutional fee is based on the institution's annual revenue. For purposes of this article, annual revenue is annual gross revenue.
NOTE
Authority cited: Sections 94803 and 94877, Education Code. Reference: Sections 94930.5 and 94931.5, Education Code.
HISTORY
1. New section filed 11-15-93 with Secretary of State pursuant to Governor's decision to overturn OAL's decision of disapproval; operative 12-15-93 (Register 93, No. 47).
2. Change without regulatory effect amending section and Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
3. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
4. Amendment of section heading, section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§74008. Fees Payable by Institutions in Connection with Approval Under Sections 94900, 94901, and 94905 of the Code. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774 and 94778, Education Code. Reference: Sections 94900, 94901, 94905 and 94932, Education Code; and 5 CCR sections 71000 et seq. and 72000 et seq.
HISTORY
1. New section filed 11-15-93 with Secretary of State pursuant to Governor's decision to overturn OAL's decision of disapproval; operative 12-15-93 (Register 93, No. 47).
2. Change without regulatory effect amending section heading, section and Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
3. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
4. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§74010. Fees Payable by Institutions in Connection with Approval Under Section 94915 of the Code. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774 and 94778, Education Code. Reference: Sections 94915 and 94932, Education Code; and 5 CCR section 73000 et seq.
HISTORY
1. New section filed 11-15-93 with Secretary of State pursuant to Governor's decision to overturn OAL's decision of disapproval; operative 12-15-93 (Register 93, No. 47).
2. Change without regulatory effect amending section heading, section and Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
3. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
4. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§74012. Short Course Institutions. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94311, 94331 and 94331.5, Education Code.
HISTORY
1. New section filed 11-15-93 with Secretary of State pursuant to Governor's decision to overturn OAL's decision of disapproval; operative 12-15-93 (Register 93, No. 47).
2. Repealer filed 5-14-98 as an emergency; operative 5-14-98 (Register 98, No. 20). This action remains in effect until June 30, 1999, or until regularly adopted regulations become effective, whichever comes first. Education Code section 94778.
3. Reinstatement of section as it existed prior to 5-14-98 emergency repeal by operation of Government Code section 11346.1(f) (Register 99, No. 45).
4. Change without regulatory effect repealing section filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
§74014. Institutions Subject to Section 94931(c)(3) of the Code. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774 and 94778, Education Code. Reference: Sections 94742.1, 94931(c)(3) and 94932, Education Code.
HISTORY
1. New section filed 11-15-93 with Secretary of State pursuant to Governor's decision to overturn OAL's decision of disapproval; operative 12-15-93 (Register 93, No. 47).
2. Repealer filed 5-14-98 as an emergency; operative 5-14-98 (Register 98, No. 20). This action remains in effect until June 30, 1999, or until regularly adopted regulations become effective, whichever comes first. Education Code section 94778.
3. Reinstatement of section as it existed prior to 5-14-98 emergency repeal by operation of Government Code section 11346.1(f) (Register 99, No. 45).
4. Change without regulatory effect amending section heading, section and Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
5. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
6. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§74015. Fee Schedule Required by Section 94932(c) of the Education Code. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94770, Education Code. Reference: Section 94932(c)(2) and (3), Education Code.
HISTORY
1. New section filed 1-8-98 as an emergency; operative 1-8-98 (Register 98, No. 2). A Certificate of Compliance must be transmitted to OAL by 6-30-99 or emergency language will be repealed by operation of law on the following day (Education Code section 94778).
2. Repealed by operation of Government Code section 11346.1(g) (Register 2000, No. 5).
§74016. Agents and Agencies. [Repealed]
Note • History
NOTE
Authority cited: Sections 94932, 94934, 94940 and 94942, Education Code. Reference: Sections 94932, 94940 and 94942, Education Code; and 5 CCR section 75000 et seq.
HISTORY
1. New section filed 11-15-93 with Secretary of State pursuant to Governor's decision to overturn OAL's decision of disapproval; operative 12-15-93 (Register 93, No. 47).
2. Change without regulatory effect amending section and Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
3. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
4. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§74018. Certificates of Authorization. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774 and 94778, Education Code. Reference: Sections 94915, 94920 and 94932, Education Code; and 5 CCR section 73660 et seq.
HISTORY
1. New section filed 11-15-93 with Secretary of State pursuant to Governor's decision to overturn OAL's decision of disapproval; operative 12-15-93 (Register 93, No. 47).
2. Change without regulatory effect amending section and Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
3. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
4. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§74020. Definitions. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774 and 94778, Education Code. Reference: Section 94846, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending section and Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
4. Deletion of article 2 heading and repealer of section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Deletion of article 2 heading and repealer of section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§74030. Application for Change of Ownership. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774 and 94778, Education Code. Reference: Sections 94739, 94802 and 94846, Education Code; and Section 2015.5, Code of Civil Procedure.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending subsection (a) and Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§74040. Completion of Application. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774 and 94778, Education Code. Reference: Sections 94802, 94840 and 94846, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending section and Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§74050. Processing Time. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774 and 94778, Education Code. Reference: Sections 94802, 94840, 94846, 94900, 94901, 94905 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending section and Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Note • History
NOTE
Authority cited: Sections 94965, 94774 and 94778, Education Code. Reference: Sections 94771, 94900, 94901, 94905 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending section and Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
4. Deletion of article 3 heading and repealer of section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Deletion of article 3 heading and repealer of section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Article 2. Reports
Note • History
(a) The annual report required by section 94934 of the Code shall include the information required by section 94934 for all educational programs offered in the prior calendar year.
(b) In addition to the information required by section 94934 provided under penalty of perjury, the institution shall have annual financial statements prepared for the institution's prior fiscal year and signed under penalty of perjury, and shall submit a hard copy under separate cover of such statements in conjunction with its annual report. The form, content and mode of preparation of financial statements shall comply with section 74115 of this Division. The Bureau may request that the institution immediately make available for inspection to a representative of the Bureau, these financial statements at the offices of the institution.
(c) An institution shall file its annual report by September 1st. The Bureau may extend the period for filing if the institution demonstrates evidence of substantial need but in no case longer than 60 days. The institution shall not change the date of its filing its annual report because of a change in the fiscal year without the Bureau's approval.
(d) The annual report shall be electronically filed by submitting the information required by section 94934 of the Code via the Bureau's website, electronically attaching, as directed, the School Performance Fact Sheet and the school catalog. An institution without the capability to submit the information electronically shall inform the Bureau not less than 45 days prior to the date the information is required by subdivision (c), and receive direction on alternative means of submission.
NOTE
Authority cited: Sections 94877 and 94934, Education Code. Reference: Sections 94932 and 94934, Education Code.
HISTORY
1. New article 2 (sections 74110-74115) and section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
2. New article 2 (sections 74110-74115) and section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-30-2010 order, including further amendment of subsection (c), transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
4. Amendment of section and Note filed 9-19-2011; operative 10-19-2011 (Register 2011, No. 38).
§74112. Uniform Data -- Annual Report, Performance Fact Sheet.
Note • History
(a) Format. The format for the Performance Fact Sheet shall be in at least 12 pt. type, in an easily readable font, with 1.15 line spacing. The Performance Fact Sheet shall contain all and only the information required or specifically permitted by section 94910 of the Code or this chapter.
(b) In addition to the definitions contained in section 94928 of the Code:
(1) “Number of Students Who Began Program” means the number of students who began a program who are scheduled to complete the program within 100% of the published program length within the reporting calendar year, and includes all the students who remained enrolled after their cancellation period.
(2) “Number of Graduates” means the number of students who completed the program within 100% of the published program length within the reporting calendar year.
(3) “Graduates Employed in the Field” means those graduates who meet the definition of section 94928(e) of the Code, who have reported their employment to the institution.
(c) Reporting periods:
(1) An Annual Report shall include data for all educational programs as defined in section 94837 of the Code for the previous one calendar year.
(2) A Performance Fact Sheet shall be current and available not later than August 1st, and shall report data for the previous two calendar years based upon the “number of students who began program” or the “number of graduates,” as defined in subdivision (b), for each reported calendar year.
(d) Completion Rates. Reporting of completion rates for an institution's Annual Report and Performance Fact Sheet shall include, for each educational program, the number of students who began program as defined in subdivision (b), the number of students available for graduation, number of graduates, and completion rate(s). An optional column may be added to include completion rate data for students completing within 101-150% of the published program length. For an institution reporting completion data pursuant to section 94929(b) of the Code, completion data shall be separately reported for each program. The Performance Fact Sheet shall disclose, if true, that the completion data is being reported for students completing within 150% of the published program length, and that data is not being separately reported for students completing the program within 100% of the published program length.
Completion rates shall be included in the Performance Fact Sheet in a format substantially similar to the chart below, including the footnoted information below (dates, numbers, and other data shown are for example only):
Completion Rates (includes data for the two calendar years prior to reporting)
Name of Educational Program (Program Length)
Number of Students
Calendar Students Who Available for Completion
Year Began Program1 Graduation2 Graduates3 Rate4
20XX 100 98 70 71%
20XY 80 80 55 69%
Students Completing After Published Program Length -- 150% Completion Rate
Name of Educational Program (Program Length)
Number of Students 150%
Calendar Students Who Available for 150% Completion
Year Began Program1 Graduation2 Graduates5 Rate6
20XX 100 98 25 26%
20XY 80 80 23 29%
1 “Number of Students Who Began Program” is the number of students who began the program who are scheduled to complete the program within the reporting calendar year.
2 “Students available for graduation” is the number of students who began program minus the number of “Students unavailable for graduation,” which means those students who have died, been incarcerated, or called to active military duty.
3 “Graduates” is the number of students who completed the program within 100% of the published program length.
4 “Completion Rate” is the number of Graduates divided by the Number of Students Available for Graduation.
5 “150% Graduates” is the number of students who completed the program within 101-150% of the published program length.
6 “150% Completion Rate” is the number of students who completed the program in the reported calendar year within 101-150% of the published program length divided by the Number of Students Available for Graduation in the published program length period.
(e) Placement Rates.
(1) Any placement data required by sections 94910(b) and 94929.5(a) of the Code shall be reported for the number of students who began the program as defined in subdivision (b) for each reported calendar year.
(2) Placement is measured six months from the graduation date of each student. Reporting of placement rates shall include for each educational program: the number of students who began the program, the number of graduates as defined in subdivision (b), graduates available for employment, graduates employed in the field and placement rate(s).
(3) Placement rate shall be calculated as follows: the number of graduates employed in the field as defined in subsection 74112(b)(3) divided by the number of graduates available for employment as defined in section 94928(d) of the Code.
(4) Graduates employed in the field shall be reported for those graduates employed in the field in a single position that averages under 32 hours per week and those employed in the field in a single position that averages at least 32 hours per week.
References to the Code are to the California Education Code where the California Private Postsecondary Education Act of 2009 is located.
Placement rates shall be included in the Performance Fact Sheet in a format substantially similar to the chart below, including the footnoted information below (dates, numbers, and other data shown are for example only):
Placement Rates (includes data for the two calendar years prior to reporting)
Name of Educational Program (Program Length)
Graduates Graduates
Placement Employed in Employed in
Number of Graduates Graduates Rate % the Field an the Field at least
Calendar Students Who Number of Available for Employed in Employed in average of less than 32 hours per
Year Began Program1 Graduates2 Employment3 the Field4 the Field5 32 hours per week week
20XX 100 70 70 55 79% 5 50
20 XY 80 55 55 20 36% 9 11
1 “Number of Students Who Began Program” means the number of students who began the program who are scheduled to complete the program within the reporting calendar year.
2 “Number of Graduates” is the number of students who have completed the program within 100% of the published program length.
3 “Graduates available for employment” means the number of graduates minus the number of graduates unavailable for employment. “Graduates unavailable for employment” means graduates who, after graduation, die, become incarcerated, are called to active military duty, are international students that leave the United States or do not have a visa allowing employment in the United States, or are continuing their education in an accredited or bureau-approved postsecondary institution.
4 “Graduates employed in the field” means graduates who report that they are gainfully employed within six months of graduation in a position for which the skills obtained through the education and training provided by the institution are required or provided a significant advantage to the graduate in obtaining the position.
5 Placement Rate is calculated by dividing the number of graduates gainfully employed in the field by the number of graduates available for employment.
(f) License Examination Passage Rates. If license examination passage rates are not available from the appropriate state agency, an institution shall collect the information directly from its graduates. If an institution demonstrates that, after reasonable efforts, it is unable to obtain the examination passage information from its graduates, the institution shall report the number of students it could not contact and note in a font the same size as the majority of the data on the Performance Fact Sheet, “License examination passage data is not available from the state agency administering the examination. We were unable to collect data from [enter the number] graduates.”
Reporting of license examination passage rates for the Annual Report and the Performance Fact Sheet shall include, for each educational program: the number of students completing the program within 150% of published program length in the reported year, the number of documented graduates who passed the first examination, number of documented graduates who failed the first examination, the number of graduates for whom data is not available. An optional column may be added to separately report licensing examination data for students who take and pass the exam after failing initially. The Annual Report shall also include a description of the processes for attempting to contact those students.
For licensing examinations that are not continuously administered, license examination passage rates shall be included in the Performance Fact Sheet in a format substantially similar to the chart below, including the footnoted information below (dates, numbers, and other data shown are for example only):
Examination Passage Rates (includes data for the two calendar years prior to reporting)
Name of Educational Program (Program Length)
Number of
Students Number Number Passage
Taking Who Passed Who Failed Rate3
Exam1 Exam Date2 Exam Exam
80 2/1/20XX 40 40 50%
100 6/1/20XX 75 25 75%
82 10/1/20XX 68 14 76%
80 2/1/20 XY 40 40 50%
100 6/1/20 XY 70 30 70%
92 10/1/20 XY 62 30 67%
License examination passage data is not available from the state agency administering the examination. We were unable to collect data from 32 graduates.
1 Number of Students Taking Exam is the number of students who completed the program within 150% of published program length and for whom the reported exam is the first exam that was available after their completion of the program.
2 Exam Date is the date for the first available exam after the students completed the program.
3 Passage Rate is calculated by dividing the number of students who pass the exam by the number of graduates who take the reported licensing exam.
For licensing examinations that are continuously administered, license examination passage rates shall be included in the Performance Fact Sheet in a format substantially similar to the chart below, including the footnoted information below (dates, numbers, and other data shown are for example only):
Examination Passage Rates (includes data for the two calendar years prior to reporting)
Name of Educational Program (Program Length)
Calendar Number of Number Who Number Who Passage
Year Students Passed First Failed First Rate3
Taking Exam1 Exam Taken2 Exam Taken
20XX 80 40 40 50%
20XY 100 75 25 75%
License examination passage data is not available from the state agency administering the examination. We were unable to collect data from 10 graduates.
1 Number of Students Taking Exam is the number of students who completed the program within 150% of the published program length and who took the exam in the reported calendar year for the first time.
2 Number Who Passed First Exam Taken is the number of students who took and passed the licensing exam in the reported calendar year on the first attempt.
3 Passage Rate is calculated by dividing the number of graduates who pass the exam the first time that they take it by the number of graduates who took the licensing exam for the first time after completion of the program.
(g) Salary and Wage Information.
All Salary and Wage Information shall be reported to the Bureau pursuant to section 94929.5(c) of the Code and, if required by section 94910(d) of the Code, shall be included in the Performance Fact Sheet, for each educational program, in a format substantially similar to the chart below, including the footnoted information (dates, numbers, salaries, and other data shown are for example only).
Salary and Wage Information (includes data for the two calendar years prior to reporting)
Name of Educational Program (Program Length)
Annual Salary and Wages Reported by Graduates Employed in the Field3
Graduates Graduates Students Not
Calendar Available for Employed in $15,000.00- $20,001.00- $25,001.00- $30,001.00- Reporting
Year Employment1 the Field2 $20,000.00 $25,000.00 $30,000.00 $35,000.00 Salary
20XX 100 70 5 40 6 3 16
20XY 80 55 5 7 3 5 35
1 “Graduates available for employment” means the number of graduates minus the number of graduates unavailable for employment. Graduates unavailable for employment means graduates who, after graduation, die, become incarcerated, are called to active military duty, are international students that leave the United States or do not have a visa allowing employment in the United States, or are continuing their education in an accredited or bureau-approved postsecondary institution.
2 “Graduates employed in the field” means graduates who are gainfully employed within six months of graduation in a position for which the skills obtained through the education and training provided by the institution are required or provided a significant advantage to the graduate in obtaining the position.
3 Salary is as reported by the student. Not all graduates reported salary.
(h) Documentation supporting all data reported shall be maintained by the institution for at least five years from the time included in either an Annual Report or a Performance Fact Sheet, and shall include at a minimum: student name(s), address, phone number, email address, program completed, program start and completion dates, place of employment and position, salary, hours, and a description of all attempts to contact each student. Documentation shall also include the name, email address, phone number, and position or title of the institution's representative who is primarily responsible for obtaining the students' completion, placement, licensing, and salary and wage data, the date that the information was gathered, and copies of notes, letters or emails through which the information was requested and gathered.
NOTE
Authority cited: Sections 94877 and 94929.8, Education Code. Reference: Sections 94910, 94928, 94929, 94929.5, 94929.7 and 94929.8, Education Code.
HISTORY
1. New section filed 9-19-2011; operative 10-19-2011 (Register 2011, No. 38).
Note • History
(a) This section applies to every set of financial statements required to be prepared or filed by the Act or by this chapter.
(b) A set of financial statements shall contain, at a minimum, a balance sheet, an income statement, and a cash flow statement, and the preparation of financial statements, shall comply with all of the following:
(1) Audited and reviewed financial statements shall be conducted and prepared in accordance with the generally accepted accounting principles established by the American Institute of Certified Public Accountants by an independent certified public accountant who is not an employee, officer, or corporate director or member of the governing board of the institution.
(2) Financial statements prepared on an annual basis as required by section 74110(b) shall be prepared in accordance with the generally accepted accounting principles established by the American Institute of Certified Public Accountants. Nonprofit institutions shall provide annual financial statements as required under generally accepted accounting principles for nonprofit organizations.
(3) The financial statements shall establish that the institution meets the requirements for financial resources required by Section 71745.
(4) If an audit performed to determine compliance with any federal or state student financial aid program reveals any failure to comply with the requirements of the program and the noncompliance creates any liability or potential liability for the institution, the financial statements shall reflect the liability or potential liability.
(5) Any audits shall demonstrate that the accountant obtained an understanding of the institution's internal financial control structure, assessed any risks, and has reported any material deficiencies in the internal controls.
(c) Work papers for the financial statements shall be retained for five years from the date of the statements and shall be made available to the Bureau upon request.
(d) “Current” with respect to financial statements means completed no sooner than 120 days prior to the time it is submitted to the Bureau, and covering no less than the most recent complete fiscal year. If more than 8 months will have elapsed between the close of the most recent complete fiscal year and the time it is submitted, the fiscal statements shall also cover no less than five months of that current fiscal year.
NOTE
Authority cited: Sections 94803 and 94877, Education Code. Reference: Sections 94885 and 94934, Education Code.
HISTORY
1. New section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-30-2010 order, including amendment of section, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Article 3. General Provisions
§74120. Substantial Relationship Criteria. [Renumbered]
Note • History
NOTE
Authority cited: Sections 94803, 94877, 94885 and 94932, Education Code. Reference: Sections 480 and 481, Business and Professions Code; and Sections 94885, 94887, 94932 and 94937, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
4. Renumbering of former article 4 to article 3 (sections 74120-74200) and amendment of Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Renumbering of former article 4 to article 3 (sections 74120-74200) and amendment of Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
7. Renumbering of former section 74120 to new section 75060 filed 3-28-2011; operative 4-27-2011 (Register 2011, No. 13).
§74130. Criteria for Rehabilitation. [Renumbered]
Note • History
NOTE
Authority cited: Sections 94803, 94877, 94885 and 94932, Education Code. Reference: Sections 480 and 482, Business and Professions Code; and Sections 94885, 94887, 94932 and 94937, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending first paragraph and Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
4. Amendment of Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Amendment of Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
7. Renumbering of former section 74130 to new section 75070 filed 3-28-2011; operative 4-27-2011 (Register 2011, No. 13).
§74140. Retention of Advertising.
Note • History
Every institution shall retain, for a minimum of five years, copies of all advertising, including (a) flyers, brochures, newspaper, and other print advertisements, (b) scripts for, and audio and video recordings of, broadcast advertisements, and (c) internet content, and (d) scripts for telephone solicitations. The institution shall make these records immediately available for inspection and copying during normal business hours to site visit teams and the Bureau.
NOTE
Authority cited: Sections 94803, 94877 and 94932, Education Code. Reference: Sections 94897 and 94932, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending section and Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
4. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order, including further amendment of section, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§74150. Use of Term “University.”
Note • History
(a) For the purpose of this section, “university” means an institution of higher education that confers a master's or a doctor's degree upon the completion of programs of graduate or professional study and that may also confer a bachelor's degree upon the completion of programs of undergraduate study.
(b) Unless previously approved by the Bureau, no institution shall use the word “university” in its name or in connection with a description of itself or its educational programs unless (1) the institution is a university as defined in subdivision (a) of this section or (2) the institution uses other words in conjunction with “university” to prevent the use of “university” from being deceptive or misleading in any manner.
NOTE
Authority cited: Sections 94803 and 94877, Education Code. Reference: Sections 94897 and 94932, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order including amendment of subsection (a) transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
4. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order, including further amendment of subsection (b), transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§74160. Surrender of Approval. [Renumbered]
Note • History
NOTE
Authority cited: Sections 94803, 94877 and 94932, Education Code. Reference: Section 118, Business and Professions Code; and Sections 94932 and 94937, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending section and Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
4. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
7. Renumbering of former section 74160 to new section 75080 filed 3-28-2011; operative 4-27-2011 (Register 2011, No. 13).
§74170. Stipulations. [Renumbered]
Note • History
NOTE
Authority cited: Sections 94803, 94877 and 94932, Education Code. Reference: Sections 94932 and 94937, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending section and Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
4. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
7. Renumbering of former section 74170 to new section 75090 filed 3-28-2011; operative 4-27-2011 (Register 2011, No. 13).
§74180. Abandonment of Application. [Repealed]
Note • History
NOTE
Authority cited: Section 94774, Education Code. Reference: Sections 94900, 94901, 94905 and 94915, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§74190. Agents for Service of Process; Changes.
Note • History
Each institution shall maintain the name, physical address, telephone number, and e-mail address for the agent for service of process in California as required by 94943.5 of the Code. The agent shall be at an address other than the address of the institution or any branch. The agent must confirm the information and acknowledge in writing that he or she is the designated agent for service of process. The institution shall inform the Bureau in writing of any change in the information for the agent for service of process, signed by the agent, within 7 days. Until the Bureau actually receives written notice of any change in the agent's name and/or address, service on the prior agent shall be valid. This information is considered public information.
NOTE
Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94887, 94888 and 94943.5, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending section and Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
4. Amendment of section heading, section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section heading, section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order, including amendment of section heading, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§74200. Cessation of Educational Program.
Note • History
Every institution shall notify the Bureau in writing at least 30 days before the institution ceases to offer to the public any educational program.
NOTE
Authority cited: Sections 94803, 94887 and 94895, Education Code. Reference: Sections 94868, 94894 and 94898, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending section and Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
4. Amendment of section heading, section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section heading, section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order, including amendment of section and Note, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§74300. Duration of Temporary Approvals. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774 and 94778, Education Code. Reference: Sections 94900, 94901, 94905 and 94915, Education Code.
HISTORY
1. New article 5 (sections 74300-74320) and section filed 6-9-95; operative 7-10-95 (Register 95, No. 23).
2. Change without regulatory effect amending section heading and Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
3. Deletion of article 5 heading and repealer of section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
4. Deletion of article 5 heading and repealer of section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§74310. Temporary Approval Notice. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774 and 94778, Education Code. Reference: Sections 94900, 94901, 94905 and 94915, Education Code.
HISTORY
1. New section filed 6-9-95; operative 7-10-95 (Register 95, No. 23).
2. Change without regulatory effect amending section heading, section and Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
3. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
4. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§74320. Temporary Approval Notice for Media. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774 and 94778, Education Code. Reference: Sections 94900, 94901, 94905 and 94915, Education Code.
HISTORY
1. New section filed 6-9-95; operative 7-10-95 (Register 95, No. 23).
2. Change without regulatory effect amending section heading, section and Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
3. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
4. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§75000. Agent's Permits Required. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774 and 94778, Education Code. Reference: Sections 94715 and 94940, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending section and Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
4. Deletion of chapter 6 and article 1 headings and repealer of section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Deletion of chapter 6 and article 1 headings and repealer of section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Chapter 5. Enforcement and Discipline
Article 1. Notices to Comply
§75010. Notice to Comply; Informal Appeal Process.
Note • History
(a) Pursuant to section 94935 of the Code, bureau staff may issue a notice to comply to a person approved to operate an institution for minor violations of the Act or this Chapter detected during an inspection.
(b) The notice to comply shall be in writing and shall describe the nature and facts of the violation, including a reference to the statute or regulation violated, and may indicate the manner in which the institution must correct the violation to achieve compliance.
(c) The notice to comply shall be given prior to leaving the institution after the inspection to any owner, person in control, chief academic officer, chief executive officer, chief operating officer, institution director, or any person delegated by any of the aforementioned persons to facilitate the inspection or accept such notice.
(d) The notice to comply shall inform the person approved to operate the institution that he or she may do either of the following:
(1) Within 30 days from the date of the inspection, sign and return the notice to comply, declaring under penalty of perjury that the violation was corrected and describing how compliance was achieved; or
(2) Within 30 days from the date of the inspection, file with the Bureau a written notice of disagreement, specifying the minor violations described in the notice to comply with which the person approved to operate the institution disagrees, and appealing it by requesting an informal office conference. If a written notice of disagreement is not timely filed with the Bureau, the right to appeal is deemed to have been waived.
(e) Within 30 days from the timely receipt of a written notice of disagreement, the Director or his or her designee, shall hear the appeal by holding an informal office conference with the person approved to operate the institution or an authorized representative. Upon request and approval by the Director or his or her designee, the person approved to operate the institution or representative may participate in the office conference by telephone. The 30-day period may be extended by the Director or his or her designee for good cause.
(f) Prior to or at the office conference, the person approved to operate the institution or authorized representative may submit to the Director or his or her designee declarations or documents pertinent to the subject matter of the notice to comply, which shall be duly considered along with the notice to comply and any supporting documentation.
(g) Following the informal office conference to appeal the notice to comply, the Director, or his or her designee, may affirm, modify, or withdraw the notice. A written order affirming, modifying, or withdrawing the original notice to comply shall be served on the person approved to operate the institution within 30 days from the informal office conference. If the order affirms or modifies the original notice to comply, said order shall fix a reasonable period of time up to 30 days for correction of the violation. This order shall be deemed the final administrative decision concerning the notice to comply prior to any enforcement action.
(h) Within the time set for correcting the violation, the person approved to operate the institution shall comply with the order affirming or modifying the notice to comply, and shall submit to the Bureau a declaration under penalty of perjury that the violation(s) was (or were) corrected, containing facts sufficient to document compliance with the order, and incorporating attached documentation to that effect.
NOTE
Authority cited: Sections 94877 and 94935, Education Code. Reference: Sections 94933, 94933.5 and 94935, Education Code.
HISTORY
1. New chapter 5, article 1 (section 75010) and section filed 3-28-2011; operative 4-27-2011 (Register 2011, No. 13). For prior history of sections 75020-75130, see Register 2010, No. 47.
Article 2. Citations and Fines
§75020. Issuance of Citations.
Note • History
(a) The Bureau Chief, or his or her designee, or the Director's designee, is authorized to issue citations containing orders of abatement and/or administrative fines pursuant to section 94936 of the Code against approved private, postsecondary institutions that have committed any acts or omissions that are in violation of the Act or any regulation adopted pursuant thereto.
(b) The Bureau Chief, or his or her designee, or the Director's designee, is authorized to issue citations containing orders of abatement and administrative fines not to exceed $50,000 pursuant to section 94944 of the Code against persons who are without proper approval to operate a private, postsecondary institution. In addition, the citation may contain an order of abatement pursuant to section 149 of the Business and Professions Code that requires the unapproved person to cease any unlawful advertising and to notify the telephone company furnishing services to the cited person: (1) to disconnect the telephone services furnished to any telephone number contained in the unlawful advertising, and (2) that subsequent calls to that number shall not be referred by the telephone company to any new number obtained by that person. The provisions of section 75040 shall apply to this subsection.
(c) In addition to the requirements of section 94936 of the Code, each citation shall inform the cited institution or person that:
(1) if a hearing pursuant to the Administrative Procedure Act (APA) is not requested, payment of the administrative fine is due 30 days from the date of service, and shall not constitute an admission of the violation charged.
(2) if a hearing pursuant to the APA is conducted and payment of an administrative fine is ordered, the administrative fine is due 30 days from when the order is effective;
(3) if the cited institution or person desires an informal conference to contest the finding of a violation prior to an APA hearing, the informal conference shall be requested by written notice to the Bureau within 30 days from service of the citation;
(4) failure to comply with any order of abatement within the time set forth in the citation, unless the citation is being appealed, may result in disciplinary action being taken by the Bureau; and
(5) the Bureau may enforce the administrative fine as if it were a money judgment pursuant to the California Code of Civil Procedure (beginning with section 680.010).
(d) Each citation shall be served on the cited institution or person, in person, or by certified and regular mail at the address of record on file with the Bureau. Citations served by certified and regular mail shall be deemed “served” on the date of mailing.
(e) The sanction authorized under this section shall be separate from, and in addition to, any civil, criminal, or other administrative remedies.
NOTE
Authority cited: Sections 94877 and 94936, Education Code. Reference: Section 149, Business and Professions Code; and Sections 94936 and 94944, Education Code.
HISTORY
1. New article 2 (sections 75020-75050) and section filed 9-19-2011; operative 10-19-2011 (Register 2011, No. 38).
§75030. Assessment of Administrative Fines.
Note • History
Where citations pursuant to section 94936 of the Code and section 75020, subsection (a) include an assessment of an administrative fine, the fine shall be not less than $50 or exceed $5,000 for each violation. Each violation shall be classified according to the nature of the violation and shall indicate the classification on the face thereof as follows:
(a) A “Class A” violation shall not be less than $2,501 nor more than $5,000. A Class A violation is one that the Bureau has, in its discretion, determined to be more serious in nature, deserving the maximum fine. A Class A violation may, in the Bureau's discretion, be issued to an institution that has committed one or more prior, separate Class B violations.
(b) A “Class B” violation shall not be less than $1,001 nor more than $2,500. A Class B violation is one that the Bureau has, in its discretion, determined to be less serious in nature and may include, but is not limited to, a violation that could have resulted in student harm. Typically some degree of mitigation will exist. A Class B violation may be issued to an institution that has committed one or more prior, separate Class C violations.
(c) A “Class C” violation shall not be less than $501 nor more than $1,000. A Class C violation is one that the Bureau has, in its discretion, determined to be a minor or technical violation, which may be directly or potentially detrimental to students or potentially impacts their education.
(d) A “Class D” violation shall not be less than $50 nor more than $500. A Class D violation is one that the Bureau has, in its discretion, determined to be a minor or technical violation, which is neither directly or potentially detrimental to students nor potentially impacts their education.
NOTE
Authority cited: Sections 94877 and 94936, Education Code. Reference: Sections 94936 and 94944, Education Code.
HISTORY
1. New section filed 9-19-2011; operative 10-19-2011 (Register 2011, No. 38).
§75040. Appeal of Citations; Informal Conference.
Note • History
(a) Pursuant to section 94936(c)(2) of the Code, a cited institution or person may, within 30 days of service of the citation, request a hearing in writing to the Bureau, or it is waived. In addition to contesting a citation by requesting a hearing, the cited institution or person may, within the same 30 days, submit a written request to the Bureau for an informal conference.
(b) The Bureau Chief, or his or her designee, or the Director, or his or her designee, shall within 30 days from the Bureau's receipt of a written request for an informal conference, hold an informal conference with the cited institution or person. The 30-day period may be extended by the Bureau Chief or the Director for good cause. The informal conference may be by telephone.
(c) Following the informal conference, the Bureau Chief, or his or her designee, or the Director, or his or her designee, will affirm, modify, or dismiss the citation, including any fine assessed and/or order of abatement issued. A written order affirming, modifying, or dismissing the original citation shall be served on the cited institution or person within 30 days from the informal conference. If the order affirms or modifies the original citation, said order shall fix a reasonable period of time for abatement of the violation and/or payment of the fine of not more than 30 days.
(d) If the informal conference results in the modification of the findings of violation(s), the amount of the fine and/or the order of abatement, the citation shall be considered modified, but not withdrawn. Unless waived, a cited institution or person is entitled to a hearing to contest the modified citation if the institution or person filed a timely request, but is not entitled to an informal conference to contest an affirmed or modified citation. If a timely request for a hearing was not filed, the decision on the affirmed or modified citation shall be considered final.
(e) If the citation is dismissed after the informal conference, the request for a hearing, if any, shall be deemed withdrawn.
(f) Submission of a written request for a hearing pursuant to section 94936(c)(2) of the Code, or an informal conference as provided in subsection (a), or both, stays the time period in which to pay the fine.
(g) If a written request for a hearing pursuant to section 94936(c)(2) of the Code, or for an informal conference as provided in subsection (a), or both, is not submitted to the Bureau within 30 days from service of the citation, the cited institution or person is deemed to have waived the right to an informal conference and/or administrative hearing.
NOTE
Authority cited: Sections 94877 and 94936, Education Code. Reference: Sections 94936 and 94944, Education Code.
HISTORY
1. New section filed 9-19-2011; operative 10-19-2011 (Register 2011, No. 38).
§75050. Compliance with Citations.
Note • History
(a) If a cited institution or person that or who has been issued an order of abatement is unable to complete the correction within the time set forth in the citation because of conditions beyond the institution's or person's control after the exercise of reasonable diligence, the institution or person may request an extension of time within which to complete the correction. Such a request shall be in writing and shall be made within the time set forth for abatement.
(b) Failure of an applicant or institution issued an approval to operate to abate the violation or to pay the fine within the time allowed is a ground for denial or discipline of an approval to operate.
(c) If an informal conference or hearing is not requested, payment of the fine and/or compliance with any order of abatement shall not constitute an admission of the violation charged and shall be represented as satisfactory resolution of the matter for purposes of public disclosure.
NOTE
Authority cited: Sections 94877 and 94936, Education Code. Reference: Sections 94936 and 94944, Education Code.
HISTORY
1. New section filed 9-19-2011; operative 10-19-2011 (Register 2011, No. 38).
Article 3. Standards Related to Denial, Discipline, and Reinstatement of Approvals to Operate
§75060. Substantial Relationship Criteria.
Note • History
In determining whether any of the grounds for denial set forth in Section 480 of the Business and Professions Code exist, a crime or act shall be considered substantially related to the qualifications, functions, or duties of any owner, corporate director or member of the governing board, officer, or administrator under any of the following circumstances:
(a) The crime or act involves any violation of the Act or this chapter, Title IV of the federal Higher Education Act of 1965 (20 U.S.C. §1070, et seq.), the closure of an institution, fraud or misrepresentation, breach of fiduciary duty, any type of forgery or theft, or any type of dishonesty causing any financial loss.
(b) The crime, to a substantial degree, evidences present or potential unfitness to perform the functions and duties authorized or required by the Act or this chapter in a manner consistent with the public health, safety, or welfare, including a crime prohibited by Title 8 (commencing with Section 187) or Title 9 (commencing with Section 261) of the Penal Code.
NOTE
Authority cited: Sections 94877, 94885 and 94932, Education Code. Reference: Sections 480 and 481, Business and Professions Code; and Sections 94885, 94887, 94932 and 94937, Education Code.
HISTORY
1. New article 3 (sections 75060-75500) and renumbering of former section 74120 to new section 75060, including amendment of section and Note, filed 3-28-2011; operative 4-27-2011 (Register 2011, No. 13).
§75070. Criteria for Rehabilitation.
Note • History
In determining whether any of the grounds for denial set forth in Section 480 of the Business and Professions Code exist, the Bureau shall consider evidence of rehabilitation and present eligibility for any approval issued by the Bureau, including all of the following factors:
(a) The nature and severity of the acts or crimes under consideration as grounds for denial;
(b) Evidence of any acts committed after the acts or crimes under consideration as grounds for denial that also could be considered grounds for denial;
(c) The time that has elapsed since commission of the acts or crimes described in subdivisions (a) and (b);
(d) The extent to which the person has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant;
(e) Evidence of any rehabilitation submitted by the applicant;
(f) Total criminal record;
(g) Evidence, if any, of expungement proceedings pursuant to Section 1203.4 of the Penal Code.
NOTE
Authority cited: Sections 94877, 94885 and 94932, Education Code. Reference: Sections 480 and 482, Business and Professions Code; and Sections 94885, 94887, 94932 and 94937, Education Code.
HISTORY
1. Renumbering of former section 74130 to new section 75070, including amendment of subsection (a) and Note, filed 3-28-2011; operative 4-27-2011 (Register 2011, No. 13).
§75080. Surrender of Approval.
Note • History
Any institution may at any time voluntarily surrender an approval to operate by providing written notice to the Bureau. The surrender shall be deemed irrevocable, and if the institution surrendering the approval desires to regain approval, the person or institution shall submit a new application.
NOTE
Authority cited: Sections 94877 and 94932, Education Code. Reference: Section 118, Business and Professions Code; and Sections 94932 and 94937, Education Code.
HISTORY
1. Renumbering of former section 74160 to new section 75080, including amendment of Note, filed 3-28-2011; operative 4-27-2011 (Register 2011, No. 13).
Note • History
(a) The Director, on behalf of the Bureau, may enter into a written stipulation with any institution for an order to do any of the following:
(1) Impose probation;
(2) Impose a condition or restriction on, or the suspension or revocation of, an approval to operate;
(3) Require the payment of fees, penalties, costs and expenses incurred by the Bureau, reimbursements to the Student Tuition Recovery Fund, or refunds or other amounts to or on behalf of students.
(b) The written stipulation shall disclose that the institution entering into the stipulation has waived the right to notice, hearing, and appeal concerning the subject matter of the stipulation.
NOTE
Authority cited: Sections 94877 and 94932, Education Code. Reference: Sections 94932 and 94937, Education Code.
HISTORY
1. Renumbering of former section 74170 to new section 75090, including amendment of subsection (b) and Note, filed 3-28-2011; operative 4-27-2011 (Register 2011, No. 13).
§75100. Suspension, Revocation, or Probation of Approval to Operate.
Note • History
(a) The Bureau may suspend, revoke or place on probation with terms and conditions an approval to operate.
(b) “Material violation” as used in section 94937 of the Code includes committing any act that would be grounds for denial under section 480 of the Business and Professions Code.
(c) The proceedings under this section shall be conducted in accordance with Article 10 (commencing with Section 11445.10) of Chapter 4.5 or Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, as requested by the institution.
NOTE
Authority cited: Sections 94877 and 94937, Education Code. Reference: Section 480, Business and Professions Code; and Sections 94933, 94935, 94936, 94937 and 94940, Education Code.
HISTORY
1. New section filed 3-28-2011; operative 4-27-2011 (Register 2011, No. 13).
§75110. Application for Agency Authorization. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774 and 94778, Education Code. Reference: Sections 94714 and 94942, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order including amendment of subsection (b)(1) transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending subsection (b)(2) and Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§75120. Complete Application; Bureau's Decision. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774 and 94778, Education Code. Reference: Section 94940, Education Code; and Sections 15375 and 15376, Government Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending section heading, section and Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
§75130. Term of Permit. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305, 94774 and 94778, Education Code. Reference: Section 94942, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change without regulatory effect amending Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
Note • History
(a) The Bureau may make an emergency decision for temporary, interim relief pursuant to article 13 (commencing with section 11460.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code.
(b) The Bureau may make an emergency decision pursuant to subdivision (a) where there is an immediate danger to the public health, safety, or welfare that requires immediate action to protect students, prevent misrepresentations to the public, or prevent the loss of public funds or monies paid by students, including but not limited to fraud; a substantial misrepresentation in the institution's Performance Fact Sheet, school catalog, or enrollment agreement; a substantial failure to meet institutional minimum operating standards; or a substantial failure to obtain a necessary approval or permit from another agency or regulatory body, affecting public health, safety or welfare.
(c) The Bureau may order temporary, interim relief in the form of some or all of the following measures:
(1) cease enrollment of new students;
(2) cease part or all instruction for some or all programs;
(3) cease collection of tuition or fees for some or all programs.
(d) To the extent practicable and to the extent that prior notice will not increase the likelihood of immediate danger to the public health, safety, or welfare, the Bureau shall, not less than 48-hours prior to the effective date of the emergency decision, give notice of an emergency decision to a person listed in section 71130(a) or 71135. Such notice may be given personally, by telephone, email, fax, or mail, and shall inform the person of the emergency decision and its effective date; the manner in which the person may request an opportunity to be heard before the Director, or his or her designee, prior to the effective date of the emergency decision; the right to judicial review of the decision; and the process by which the decision may be resolved pursuant to section 75100(c) and section 11460.60 of the Government Code.
(e) Where notice has been by telephone, unless waived by the person to whom the notice is given, the Bureau shall also provide written copies of the emergency decision and the information required by subdivision (d) prior to the effective date of the decision.
(f) Where the Bureau has given notice pursuant to subdivision (d), unless waived by the person to whom notice is given, the institution shall be provided an opportunity to be heard before the Director, or his or her designee, at least 24-hours prior to the emergency decision becoming effective.
(g) This authority may be used in addition to any civil, criminal, or administrative remedies available to the Bureau.
NOTE
Authority cited: Sections 94877 and 94938, Education Code; and Section 11460.20, Government Code. Reference: Section 94938, Education Code; and Sections 11460.20, 11460.30, 11460.40, 11460.50, 11460.60 and 11460.80, Government Code.
HISTORY
1. New section filed 9-19-2011; operative 10-19-2011 (Register 2011, No. 38).
Article 4. Compliance Inspections
§75200. Compliance Inspections.
Note • History
(a) As part of the Bureau's compliance program, the first inspection of an institution pursuant to this section shall be an announced inspection.
(b) The Bureau shall provide not less than seven (7) days notice from the time of service of the notice of any announced inspection. Notice shall be given in writing by email or mail to a person listed in section 71130(a) or 71135.
(c) An institution shall be subject to the same number of unannounced inspections in a two-year period as announced inspections. The relevant two-year period shall begin on the date of the first announced inspection.
(d) The Bureau shall determine the number of total compliance inspections for any institution by evaluating relevant factors including: size of the institution, number and types of programs offered, time elapsed since last inspection, history of its approval to operate, number and type of complaints, and enforcement history.
(e) The Bureau is not precluded from conducting an investigation of an institution whether or not it has conducted some or all of its compliance inspections in the two-year period.
NOTE
Authority cited: Sections 94877 and 94932.5, Education Code. Reference: Section 94932.5, Education Code.
HISTORY
1. New article 4 (sections 75200-75210) and section filed 9-19-2011; operative 10-19-2011 (Register 2011, No. 38).
§75210. Notice to Students of Results of Inspection.
Note • History
In addition to any other requirement for disclosing information about an institution, the Bureau shall, at the time of any inspection, cause to be posted in a conspicuous place or places at the institution, the following notice:
Notice to Students
This institution is subject to regular compliance inspections by the Bureau for Private Postsecondary Education. Information regarding the dates of inspections conducted and the results of those inspections can be found at the Bureau's website at www.bppe.ca.gov.
This institution was last inspected on [date].
The notice(s) shall contain the date of the most recent compliance inspection. The institution shall maintain and keep unobstructed the posted notice(s) for not less than 90 days from the date of posting.
NOTE
Authority cited: Sections 94877 and 94932.5, Education Code. Reference: Section 94932.5, Education Code.
HISTORY
1. New section filed 9-19-2011; operative 10-19-2011 (Register 2011, No. 38).
§75500. Disciplinary Guidelines.
Note • History
In reaching a decision on a disciplinary action under the administrative adjudication provisions of the Administrative Procedure Act (Government Code section 11400 et seq.), the Bureau shall comply with the “Disciplinary Guidelines” [August 2010], which are hereby incorporated by reference. Deviation from these disciplinary guidelines and orders, including the standard terms of probation, is appropriate where the Bureau in its sole discretion determines that the facts of the particular case warrant such deviation, e.g., the presence of aggravating or mitigating factors; age of the case; discipline history; evidentiary issues.
NOTE
Authority cited: Sections 94877 and 94937, Education Code. Reference: Section 480, Business and Professions Code; Sections 94933, 94935, 94936, 94937 and 94940, Education Code; and Section 11425.50(e), Government Code.
HISTORY
1. New section filed 3-28-2011; operative 4-27-2011 (Register 2011, No. 13).
Chapter 6. Student Tuition Recovery Fund
Article 1. General Provisions
Note • History
For purposes of this chapter, the following definitions apply:
(a) “California resident” means a person who resides in California at the time the enrollment agreement is signed or when the person receives lessons at a California mailing address from an approved institution offering distance education.
(b) “Closed institution” means an institution at which a closure has occurred.
(c) “Economic loss” means pecuniary loss, which is the sum of the student's tuition, cost of equipment and materials required for the educational program as defined in section 94837 of the Code, and interest on any student loan used to pay for such charges, collection costs and penalties. Economic loss shall also include the amount the institution collected and failed to pay to third parties on behalf of the student for license fees or any other purpose. Economic loss does not include Student Tuition Recovery Fund assessments, room and board, supplies, transportation, application fees, or non-pecuniary damages such as inconvenience, aggravation, emotional distress, or punitive damages.
(d) “Fund” means the Student Tuition Recovery Fund.
(e) “Prepaid” describes any amount of money that an institution accepts in advance of rendering educational services.
(f) “Qualifying institution” is an approved institution or an institution subject to the provisions of Article 14, commencing with section 94923 of the Code, and section 94874.1 of the Code.
(g) “Residency Program” means an educational program as defined in section 94837 of the Code at an approved institution of which some portion of the instruction occurs as direct instruction as defined in section 71715(c).
(h) “STRF” means Student Tuition Recovery Fund.
(i) “Student Tuition Recovery Fund assessment” or “STRF assessment” means a state-imposed charge to fund this chapter that is required to be paid by a California resident student or a student enrolled in a residency program, who pays tuition to an institution.
(j) “Teach-out institution” means the institution offering a teach-out to a former student of an institution that has ceased to operate.
NOTE
Authority cited: Sections 94803, 94877 and 94923, Education Code. Reference: Sections 94874.1, 94923, 94926, 94927 and 94927.5, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Amendment of subsection (a) filed 6-9-95; operative 7-10-95 (Register 95, No. 23).
4. Amendment of section and Note filed 9-11-2003; operative 9-11-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 37).
5. Renumbering of former chapter 7 to chapter 5 (articles 1-4, sections 76000-76240), including amendment of chapter heading and amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
6. Renumbering of former chapter 7 to chapter 5 (articles 1-4, sections 76000-76240), including amendment of chapter heading and amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
7. Reinstatement of section as it existed prior to 2-1-2010 emergency amendment by operation of Government Code section 11346.1(f) (Register 2010, No. 47).
8. Renumbering of former chapter 7 to chapter 5 (articles 1-4, sections 76000-76240), including amendment of chapter heading and amendment of section and Note refiled with additional amendments 12-1-2010 as an emergency; operative 12-1-2010 (Register 2010, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-1-2011 or emergency language will be repealed by operation of law on the following day.
9. Renumbering of chapter 5 to chapter 6 filed 3-28-2011; operative 4-27-2011 (Register 2011, No. 13).
10. Certificate of Compliance as to 12-1-2010 order, including amendments, transmitted to OAL 3-1-2011 and filed 4-12-2011; amendments operative 5-12-2011 (Register 2011, No. 15).
§76010. Teach-Out Plan. [Repealed]
Note • History
NOTE
Authority cited: Sections 94770, 94774 and 94778, Education Code. Reference: Section 94944, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Amendment of section and Note filed 9-11-2003; operative 9-11-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 37).
4. Repealer filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to 2-1-2010 repeal by operation of Government Code section 11346.1(f) (Register 2010, No. 47).
7. Repealer refiled 12-1-2010 as an emergency; operative 12-1-2010 (Register 2010, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-1-2011 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 12-1-2010 order transmitted to OAL 3-1-2011 and filed 4-12-2011 (Register 2011, No. 15).
§76020. Student Tuition Recovery Fund (STRF).
Note • History
(a) The fund exists to relieve or mitigate economic losses suffered by a student in an educational program as defined in section 94837 of the Code at a qualifying institution, who is or was a California resident or was enrolled in a residency program, if the student enrolled in the institution, prepaid tuition, paid the assessment, and suffered loss as a result of any of the following:
(1) The closure of the institution;
(2) The institution's failure to pay refunds or charges on behalf of a student to a third party for license fees or any other purposes, or to provide equipment or materials for which a charge was collected within 180 days before the closure of the institution;
(3) The institution's failure to pay or reimburse loan proceeds under a federally guaranteed student loan program as required by law or to pay or reimburse proceeds received by the institution prior to closure in excess of tuition and other costs;
(4) A significant decline in the quality or value of the educational program within the 30-day period before the closure of the institution or, if the decline began before that period, the period of decline determined by the Bureau, to a degree that results in the institution's failure to meet minimum operating or academic standards; and
(5) The student's inability to collect a judgment entered against a qualifying institution for a violation of the Act, subject to all of the following:
(A) The student has reasonably tried, and failed, to collect on the judgment. The Bureau will determine the reasonableness of the effort on a case-by-case basis;
(B) The Bureau receives the student's application within 4 years from the school's closure;
(C) The student has not received reimbursement or forgiveness from any other source.
(b) A student whose total charges were paid by a third-party payer is not eligible to make a claim.
NOTE
Authority cited: Sections 94803, 94877 and 94923, Education Code. Reference: Sections 94874.1, 94923, 94926, 94927 and 94927.5, Education Code.
HISTORY
1. New section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2010, No. 47).
4. New section refiled with amendments 12-1-2010 as an emergency; operative 12-1-2010 (Register 2010, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-1-2011 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-1-2010 order, including amendment of subsection (a), transmitted to OAL 3-1-2011 and filed 4-12-2011; amendments operative 5-12-2011 (Register 2011, No. 15).
§76100. Institutions Subject to Assessment. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Sections 94342 and 94343, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Repealer filed 9-11-2003; operative 9-11-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 37).
4. Relocation of article 2 heading to precede section 76120 filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Relocation of article 2 heading to precede section 76120 refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to 2-1-2010 emergency amendment by operation of Government Code section 11346.1(f) (Register 2010, No. 47).
7. Relocation of article 2 heading to precede section 76120 refiled 12-1-2010 as an emergency; operative 12-1-2010 (Register 2010, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-1-2011 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 12-1-2010 order transmitted to OAL 3-1-2011 and filed 4-12-2011 (Register 2011, No. 15).
§76110. Assessment Base. [Repealed]
Note • History
NOTE
Authority cited: Sections 94305 and 94337, Education Code. Reference: Section 94343, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Repealer filed 9-11-2003; operative 9-11-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 37).
Article 2. STRF Assessments
§76120. Amount of STRF Assessment.
Note • History
(a) Each qualifying institution shall collect an assessment of two dollars and fifty cents ($2.50) per one thousand dollars ($1,000) of institutional charges, rounded to the nearest thousand dollars, from each student in an educational program who is a California resident or is enrolled in a residency program. For institutional charges of one thousand dollars ($1,000) or less, the assessment is two dollars and fifty cents ($2.50).
(b) Unless a student has a separate agreement to repay the third party, a student whose costs are paid to the institution by third-party payer shall not pay the STRF assessment to the qualifying institution.
(c) Except when an institution provides a 100% refund pursuant to section 94919(d) or section 94920(b) of the Code, the assessment is non-refundable.
NOTE
Authority cited: Sections 94803, 94877 and 94923, Education Code. Reference: Sections 94923, 94843 and 94911(b), Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Amendment of section and Note filed 9-11-2003; operative 9-11-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 37).
4. Relocation and amendment of article 2 heading from section 76100 to section 76120 and amendment of section heading, section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Relocation and amendment of article 2 heading from section 76100 to section 76120 and amendment of section heading, section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to 2-1-2010 emergency amendment by operation of Government Code section 11346.1(f) (Register 2010, No. 47).
7. Relocation and amendment of article 2 heading from section 76100 to section 76120 and amendment of section heading, section and Note refiled with additional amendments 12-1-2010 as an emergency; operative 12-1-2010 (Register 2010, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-1-2011 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 12-1-2010 order, including amendment of subsection (a), transmitted to OAL 3-1-2011 and filed 4-12-2011; amendments operative 5-12-2011 (Register 2011, No. 15).
§76130. Collection and Submission of Assessments.
Note • History
(a) A qualifying institution shall collect the assessment from each student in an educational program at the time it collects the first payment from or on behalf of the student at or after enrollment. The assessment shall be collected for the entire period of enrollment, regardless of whether the student pays the institutional charges in increments.
(b) A qualifying institution shall complete the STRF Assessment Reporting Form (Rev. 2/10) and remit it with the STRF assessments collected from students to be received by the Bureau no later than the last day of the month following the close of the quarter as follows:
(1) April 30 for the first quarter,
(2) July 31 for the second quarter,
(3) October 31 for the third quarter, and
(4) January 31 for the fourth quarter. If the due date falls on a Saturday, Sunday or State or federal holiday, the due date shall be extended to the next regular business day for the Bureau.
If the due date falls on a Saturday, Sunday, or State or federal holiday, the due date shall be extended to the next regular business day for the Bureau.
(c) The STRF Assessment Reporting Form shall contain the following information:
(1) Total number of students who signed enrollment agreements for educational programs during the reporting period; and
(2) Total number of students eligible for STRF who signed enrollment agreements for educational programs during the reporting period; and
(3) The total number of students who signed their enrollment agreement during the reporting period, were eligible for STRF, and who made their first payment during the reporting period; and
(4) The total number of students who signed their enrollment agreement in a previous reporting period, were eligible for STRF, and who made their first payment during the current reporting period; and
(5) Total amount of institutional charges after rounding each student's institutional charges to the nearest $1,000, for all eligible STRF students whose STRF assessment was collected in the reporting period; and
(6) Current contact telephone number of the person preparing the form; and
(7) A declaration dated and signed under penalty of perjury by the person preparing the form that the form and any attachments are true and correct.
(d) In the event of a school closure, any collected assessments shall be remitted to the Bureau within seven days following the cessation of instruction.
(e) Submission of all prior reports and assessments required by this section is a condition of renewal.
NOTE
Authority cited: Sections 94803, 94877 and 94923, Education Code. Reference: Section 94923, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Amendment of section heading, section and Note filed 9-11-2003; operative 9-11-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 37).
4. Amendment of section heading, section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section heading, section and Note refiled with additional amendments 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to 2-1-2010 emergency amendment by operation of Government Code section 11346.1(f) (Register 2010, No. 47).
7. Amendment of section heading, section and Note refiled with additional amendments 12-1-2010 as an emergency; operative 12-1-2010 (Register 2010, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-1-2011 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 12-1-2010 order, including amendments, transmitted to OAL 3-1-2011 and filed 4-12-2011; amendments operative 5-12-2011 (Register 2011, No. 15).
§76140. Record-Keeping Requirements.
Note • History
(a) A qualifying institution shall collect and maintain records of student information to substantiate the data reported on the STRF Assessment Reporting Form and records of the students' eligibility under the Fund. Such records shall include the following for each student:
(1) Student identification number,
(2) First and last names,
(3) Email address,
(4) Local or mailing address,
(5) Address at the time of enrollment,
(6) Home address,
(7) Date enrollment agreement signed,
(8) Courses and course costs,
(9) Amount of STRF assessment collected,
(10) Quarter in which the STRF assessment was remitted to the Bureau,
(11) Third-party payer identifying information,
(12) Total institutional charges charged, and
(13) Total institutional charges paid.
(b) The qualifying institution shall maintain the data required under this section in an electronic format that is readily available and open to inspection by the Bureau upon request. The institution shall make the records immediately available to a Bureau representative conducting a site inspection or, upon written request, shall provide a copy within 14 calendar days of the request. All records shall be provided to the Bureau in an intelligible and orderly manner and in an electronic format.
NOTE
Authority cited: Sections 94803, 94877 and 94923, Education Code. Reference: Section 94923, Education Code.
HISTORY
1. New section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2010, No. 47).
4. New section refiled with additional amendments 12-1-2010 as an emergency; operative 12-1-2010 (Register 2010, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-1-2011 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-1-2010 order, including amendment of subsections (a)(12)-(13), transmitted to OAL 3-1-2011 and filed 4-12-2011; amendments operative 5-12-2011 (Register 2011, No. 15).
Article 3. Payments from the Fund
§76200. Application for Payment.
Note • History
(a) A student seeking reimbursement under the Fund shall file a written application on the Bureau's Student Tuition Recovery Fund Application Form (STRF App Rev. 2/10), signed under penalty of perjury that the form and all attachments are true and correct, which includes the following information:
(1) The student's name, address, telephone number, email address, and social security number or taxpayer identification number;
(2) If any portion of the total charges were paid from the proceeds of a loan, the name of the lender, and any state or federal agency that guaranteed or reinsured the loan;
(3) Proof of the amount and description of the student's economic loss for the educational program, and the amount of the student's claim;
(4) Proof of the date the student started and ceased attending the institution;
(5) A description of the reasons the student ceased attending the institution, or if the student graduated, date of graduation;
(6) The student's or borrower's authorization to allow the Bureau to negotiate with any lender, holder, guarantee agency, or the U.S. Department of Education on the student's behalf to reduce the loan obligation;
(7) The student's authorization to allow the Bureau to issue a payment directly to any lender, holder, guarantee agency, or the U.S. Department of Education on the student's behalf; and
(8) An assignment to the Fund and the Bureau of the student's rights to collect those funds against the institution if any payment issues as a result of the application;
(9) The institution name, address and phone number where the student attended;
(10) Proof that the student was a California resident at time of enrollment, or was enrolled in a residency program;
(11) Proof that the student paid into the STRF;
(12) If the student took an approved leave of absence, documentation of the approval;
(13) Whether the student has previously applied for STRF reimbursement;
(14) Whether the course of study or portion completed prepared the student to take a state or national licensure exam; and
(15) If the student transferred to another school, a list of all classes or units transferred.
(b) The application must be fully completed and received by the Bureau, with supporting documents that include, but need not be limited to, the enrollment agreement, promissory notes, if any, and any receipts, within two years from date of the closure notice explaining the student's rights under STRF, whether provided by the institution or the Bureau, or a maximum of four years if the student received no closure notice.
(c) Students whose total charges are paid by a third party payer are not eligible to apply for payment by the Fund.
(d) The Bureau may conduct an investigation to verify whether to grant or deny a claim, and may request any additional information or supporting documentation.
NOTE
Authority cited: Sections 94803, 94877 and 94923, Education Code. Reference: Sections 94870 and 94923, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Amendment of subsections (a)-(d) and amendment of Note filed 9-11-2003; operative 9-11-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 37).
4. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to 2-1-2010 emergency amendment by operation of Government Code section 11346.1(f) (Register 2010, No. 47).
7. Amendment of section and Note refiled with additional amendments 12-1-2010 as an emergency; operative 12-1-2010 (Register 2010, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-1-2011 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 12-1-2010 order, including amendment of subsections (a)(3), (a)(9) and (a)(10), transmitted to OAL 3-1-2011 and filed 4-12-2011; amendments operative 5-12-2011 (Register 2011, No. 15).
§76210. Claims Amount, Payment and Denial.
Note • History
(a) The Bureau may negotiate with a lender, holder, guarantee agency, or the U.S. Department of Education for the full compromise or write-off of student loan obligations to relieve students of economic loss and, if possible, to reduce the liability of the Fund for the payment of claims.
(b) The Bureau may pay a student's claim directly to the lender, holder, guarantee agency, or U.S. Department of Education.
(c) If the Bureau grants the claim, the amount of the payment is measured by the total amount of the student's economic loss, as defined in Section 76000, less the amount of any refund, reimbursement, indemnification, restitution, compensatory damages, settlement, debt forgiveness, discharge, cancellation, compromise or any other benefit received by, or on behalf of, the student that was related to the economic loss. The amount of the payment is not dependent on, or necessarily limited to, the amount of refund the student would have received from the institution if the student had voluntarily withdrawn. The Bureau cannot pay any claim to a student without a social security number or a taxpayer identification number.
(d) In addition to the reductions in (c) above, the Bureau may reduce the amount of the payment by the value of the benefit, if any, of the education obtained by the student before the closure of the institution.
(e) If a student participated in a teach-out, the following conditions also apply:
(1) If the student withdraws from the teach-out institution within the first two weeks of enrollment, the student's economic losses are calculated as though the student never received the teach-out.
(2) If the student withdraws from the teach-out institution after the first two weeks of enrollment, the student's economic loss includes only a pro rata portion of charges for the hours of the education service paid for, but not received from, either institution.
(3) If the teach-out institution provides all of the remaining instruction that the closed institution had represented it would provide, the student's economic loss shall not include any amount the student paid to the closed institution specifically for instruction.
(4) Regardless of participation in a teach-out, a student may recover economic losses other than those specifically related to the instruction.
(f) Upon payment of the claim, all of the student's rights against the institution for that amount of payment shall be deemed assigned to the Bureau.
(g) If the Bureau denies the claim, or reduces the amount of the claim, the Bureau may informally consider a written appeal and modify its decision.
(h) If a written appeal is not received by the Bureau within 30 calendar days from the date of the decision, the Bureau's decision shall be final.
NOTE
Authority cited: Sections 94803, 94877 and 94923, Education Code. Reference: Section 94923, Education Code.
HISTORY
1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Editorial correction of History 1 (Register 95, No. 47).
4. Amendment of section and Note filed 9-11-2003; operative 9-11-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 37).
5. Amendment of section heading, section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
6. Amendment of section heading, section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
7. Reinstatement of section as it existed prior to 2-1-2010 emergency amendment by operation of Government Code section 11346.1(f) (Register 2010, No. 47).
8. Amendment of section heading, section and Note refiled with additional amendments 12-1-2010 as an emergency; operative 12-1-2010 (Register 2010, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-1-2011 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 12-1-2010 order, including editorial correction redesignating subsection (i) as new subsection (g), transmitted to OAL 3-1-2011 and filed 4-12-2011 (Register 2011, No. 15).
§76212. Claims by Government Agency on Behalf of Students.
Note • History
If the Bureau, the Attorney General, or any other law enforcement agency obtains a judgment against an institution on behalf of one or more students pursuant to Section 17200 of the Business and Professions Code or similar authority, that law enforcement agency shall be entitled to payment from the Fund under the following conditions:
(a) The institution was qualified and is now closed;
(b) A remedy cannot be obtained despite diligent efforts to prosecute, prove, and collect a judgment;
(c) A claim is filed within two years after the judgment became final;
(d) A claim indicating the total amount of the judgment allocable to each student is filed; and
(e) The total amount paid to each student does not exceed the amount that the student would have been entitled to receive if the student had obtained a judgment for the amount allocable to the student.
NOTE
Authority cited: Sections 94803, 94877 and 94923, Education Code. Reference: Section 94923, Education Code.
HISTORY
1. New section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2010, No. 47).
4. New section refiled with additional amendments 12-1-2010 as an emergency; operative 12-1-2010 (Register 2010, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-1-2011 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-1-2010 order transmitted to OAL 3-1-2011 and filed 4-12-2011 (Register 2011, No. 15).
§76215. Student Tuition Recovery Fund Disclosures.
Note • History
(a) A qualifying institution shall include the following statement on both its enrollment agreement for an educational program and its current schedule of student charges:
“You must pay the state-imposed assessment for the Student Tuition Recovery Fund (STRF) if all of the following applies to you:
1. You are a student in an educational program, who is a California resident, or are enrolled in a residency program, and prepay all or part of your tuition either by cash, guaranteed student loans, or personal loans, and
2. Your total charges are not paid by any third-party payer such as an employer, government program or other payer unless you have a separate agreement to repay the third party.
You are not eligible for protection from the STRF and you are not required to pay the STRF assessment, if either of the following applies:
1. You are not a California resident, or are not enrolled in a residency program, or
2. Your total charges are paid by a third party, such as an employer, government program or other payer, and you have no separate agreement to repay the third party.”
(b) In addition to the statement described under subdivision (a) of this section, a qualifying institution shall include the following statement on its current schedule of student charges:
“The State of California created the Student Tuition Recovery Fund (STRF) to relieve or mitigate economic losses suffered by students in educational programs who are California residents, or are enrolled in a residency programs attending certain schools regulated by the Bureau for Private Postsecondary and Vocational Education.
You may be eligible for STRF if you are a California resident or are enrolled in a residency program, prepaid tuition, paid the STRF assessment, and suffered an economic loss as a result of any of the following:
1. The school closed before the course of instruction was completed.
2. The school's failure to pay refunds or charges on behalf of a student to a third party for license fees or any other purpose, or to provide equipment or materials for which a charge was collected within 180 days before the closure of the school.
3. The school's failure to pay or reimburse loan proceeds under a federally guaranteed student loan program as required by law or to pay or reimburse proceeds received by the school prior to closure in excess of tuition and other costs.
4. There was a material failure to comply with the Act or this Division within 30 days before the school closed or, if the material failure began earlier than 30 days prior to closure, the period determined by the Bureau.
5. An inability after diligent efforts to prosecute, prove, and collect on a judgment against the institution for a violation of the Act.”
However, no claim can be paid to any student without a social security number or a taxpayer identification number.
NOTE
Authority cited: Sections 94803, 94877 and 94923, Education Code. Reference: Section 94923, Education Code.
HISTORY
1. New section filed 9-11-2003; operative 9-11-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 37).
2. Amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
3. Amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to 2-1-2010 emergency amendment by operation of Government Code section 11346.1(f) (Register 2010, No. 47).
5. Amendment of section and Note refiled with additional amendments 12-1-2010 as an emergency; operative 12-1-2010 (Register 2010, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-1-2011 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 12-1-2010 order, including amendments, transmitted to OAL 3-1-2011 and filed 4-12-2011; amendments operative 5-12-2011 (Register 2011, No. 15).
§76220. Applicability. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94944, Education Code. Reference: Section 94945, Education Code.
HISTORY
1. New article 4 (sections 76220-76420) and section filed 8-3-2000 as an emergency; operative 8-3-2000 (Register 2000, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-1-2000 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2003, No. 13).
3. Relocation of article 4 heading to precede section 76240 filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
4. Relocation of article 4 heading to precede section 76240 refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 2-1-2010 emergency amendment by operation of Government Code section 11346.1(f) (Register 2010, No. 47).
6. Relocation of article 4 heading to precede section 76240 refiled 12-1-2010 as an emergency; operative 12-1-2010 (Register 2010, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-1-2011 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 12-1-2010 order transmitted to OAL 3-1-2011 and filed 4-12-2011 (Register 2011, No. 15).
§76230. Definitions. [Repealed]
Note • History
NOTE
Authority cited: Sections 94774, 94778 and 94944, Education Code. Reference: Section 94945, Education Code.
HISTORY
1. New section filed 8-3-2000 as an emergency; operative 8-3-2000 (Register 2000, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-1-2000 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2003, No. 13).
Article 4. Orderly Closure and Teach-Outs
§76240. Required Notices and Teach-Out Plan.
Note • History
All institutions, including those exempt from Bureau regulation pursuant to the Code, shall do the following prior to closing:
(a) At least 30 days prior to closing, the institution shall notify the Bureau in writing of its intention to close and provide a closure plan. The closure plan shall include:
(1) The exact date and reason for the closure.
(2) The last date of instruction for each educational service or program.
(3) A list of students who were enrolled at any time during the 60 days prior to closure.
(4) If any student will not be provided complete educational services or the educational program, the institution shall provide:
(A) A plan for providing teach-outs or transfers, including the details of any agreements with other institutions.
(B) If no teach-out is contemplated, or for students who do not wish to participate in a teach-out, arrangements for making refunds within 45 days from the date of closure, or for institutions that participate in federal student financial aid programs arrangements for making refunds and returning federal student financial aid program funds.
(5) A plan for the disposition of student records.
(6) A plan to notify students of their rights and options under the Act and this chapter.
(b) The institution shall notify the students of the following:
(1) If the institution is a participant in federal student financial aid programs, it shall provide students information concerning those programs and institutional closures.
(2) If any student will not be provided complete educational services or the educational program, information regarding the Student Tuition Recovery Fund and the Bureau's physical and Internet addresses.
NOTE
Authority cited: Sections 94803 and 94877, Education Code. Reference: Sections 94874.5, 94909, 94911, 94926, 94927 and 94927.5, Education Code.
HISTORY
1. New section filed 8-3-2000 as an emergency; operative 8-3-2000 (Register 2000, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-1-2000 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2003, No. 13).
3. Relocation and amendment of article 4 heading from section 76220 to section 76240 and amendment of section heading, section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
4. Relocation and amendment of article 4 heading from section 76220 to section 76420 and amendment of section heading, section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 2-1-2010 emergency amendment by operation of Government Code section 11346.1(f) (Register 2010, No. 47).
6. Relocation and amendment of article 4 heading from section 76220 to section 76420 and amendment of section heading, section and Note refiled 12-1-2010 as an emergency; operative 12-1-2010 (Register 2010, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-1-2011 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction implementing section heading change from 7-30-2010 emergency action (Register 2011, No. 14).
8. Certificate of Compliance as to 12-1-2010 order transmitted to OAL 3-1-2011 and filed 4-12-2011 (Register 2011, No. 15).
Chapter 8. Registered Educational Services and Programs [Repealed]
HISTORY
1. New chapter 8 (articles 1-13), article 1 (sections 77000-77030) and section filed 5-14-98 as an emergency; operative 5-14-98 (Register 98, No. 20). This section remains in effect until June 30, 1999, or until regularly adopted regulations become effective, whichever comes first. Education Code section 94778.
2. Repealer of chapter 8 (articles 1-13, sections 77000-77880) by operation of Government Code section 11346.1(g) (Register 99, No. 45).
Division 8. Commission on Teacher Credentialing
Chapter 1. Credentials Issued Under the Teacher Preparation and Licensing Law of 1970
Article 1. General Provisions and Definitions
Note • History
NOTE
Authority cited for Section 80000: Sections 44232, 44254, 44263, 44342, and 44343, Education Code.
HISTORY
1. Amendment and renumbering of Part I, Division 7, Subchapter 17, Article 1 (Sections 5900-5903.2) to Part VIII, Chapter 1, Article 1 (Sections 80000-80006), filed 12-16-77; effective thirtieth day thereafter (Register 77, No. 51). For prior history see Registers 76, No. 12 and No. 5; Register 74, No. 51; and Register 73, No. 26.
2. Repealer filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
§80000.1. Continuation of Rights. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. New section filed 1-11-79; effective thirtieth day thereafter (Register 79, No. 2).
2. Repealer filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
§80001. Definitions and Terms.
Note • History
For purposes of Division 8:
(a) “Applicant” means any applicant for a credential issued by the Commission.
(b)(1) “Application for a credential” includes an application for a credential, an application for a renewal or reissuance of a credential, an application to add new authorizations to an existing credential, or a request to take any special action in relation to the issuance of a credential.
(2) “Application”, “application form”, and “application packet” includes the following forms, regardless of earlier revision dates cited throughout Division 8, Chapter 1 and 4:
(A) Application for issuance of a credential, extension of a credential, and added authorizations to an existing credential: Application for Credential Authorizing Public School Service (form 41-4, rev. 12/09), available on the Commission's website and hereby incorporated by reference, together with its related Instruction and Information Sheet (rev. 12/09) and Personal and Professional Fitness Explanation Form (form OA-EF, 12/09) or the electronic versions available via the Commission's online recommendation and online direct application systems;
(B) Application for renewal or reissuance of a credential: Renewal and Reissuance Application (form 41-REN, rev. 12/09), available on the Commission's website and hereby incorporated by reference, together with its related Instruction and Information Sheet (rev. 12/09) and Personal and Professional Fitness Explanation Form (form OA-EF, 12/09) or the electronic versions available via the Commission's online renewal system.
(c) “Chair” means the Chair of the Commission pursuant to Education Code Section 44218.
(d) “Commission” means the Commission on Teacher Credentialing as established pursuant to Education Code Section 44210.
(e) “Credential” means any credential, life diploma, permit, certificate, waiver, or document issued by, or under the jurisdiction of, the Commission which entitles the holder to perform services for which certification qualifications are required. The official record of a credential includes any credential in a paper or electronic format, including, but not limited to, information obtained from the Commission's official website.
(f) “Degree” means a baccalaureate or higher degree as specified in Education Code Section 44259(b)(1) earned through an approved college or university, regardless of its title, when the degree program contains no less subject matter preparation than a similar degree in a subject field other than professional education in the same institution.
(g) “Denial” includes the denial of any portion of an application for a credential, even though the requested credential is issued or renewed.
(h) “Executive Director” means the Executive Director to the Commission pursuant to Education Code Section 44220.
(i) “Issuance” means the granting of a credential based upon the application for or renewal of that credential.
(j) “Vice-Chair” means the Vice-Chair of the Commission.
(k) “Professional” credential means a credential for which all statutory and regulatory requirements have been met, excluding credentials issued on partial, preliminary, or emergency bases. A “clear” credential means a professional credential as herein defined.
(l) “Signature” or “signed” as used in this Chapter may include an electronic signature, as defined in Government Code section 16.5 and the California Code of Regulations, Title 2, Sections 22002 and 22005 or under any applicable state or federal law.
(m) “Submitted” as used in this Chapter includes any documentation required by the Commission that is delivered in-person, via a delivery service or electronically.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44252, 44267.5, 44330 and 44332.5, Education Code.
HISTORY
1. Amendment filed 5-30-78; effective thirtieth day thereafter (Register 78, No. 22).
2. Amendment filed 1-11-79; effective thirtieth day thereafter (Register 79, No. 2).
3. Amendment filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 30).
4. New subsections (l)-(m) and amendment of Note filed 5-8-2002 as an emergency; operative 5-8-2002 (Register 2002, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-5-2002 or emergency language will be repealed by operation of law on the following day.
5. A Certificate of Compliance as to 5-8-2002 order transmitted to OAL 9-5-2002 and filed 10-17-2002 (Register 2002, No. 42).
6. Amendment of first paragraph and subsections (c)-(f), (h) and (j) and amendment of Note filed 10-2-2007; operative 11-1-2007 (Register 2007, No. 40).
7. Redesignation and amendment of former subsection (b) as new subsection (b)(1) and new subsections (b)(2)-(b)(2)(B) filed 8-20-2010; operative 9-19-2010 (Register 2010, No. 34).
§80002. Issuance of Prior Credentials. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Repealer filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
§80003. Multiple Subject Teaching Credential Authorization for Service.
Note • History
The Multiple Subject Teaching Credential authorizes the holder to provide the services described below in grades twelve and below, including preschool, and in classes organized primarily for adults.
(a) Teach all subjects in a self-contained class;
(b) Teach in a team teaching setting or regroup students across classrooms as authorized in Education Code Section 44258.15. For the purpose of this section, team teaching is defined as two teachers of the same grade level exchanging students for the purpose of instruction in specific subjects. Regrouping of students is the practice of two or more teachers combining students across classes for specific instructional purposes;
(c) Teach core classes to students in grades five through eight pursuant to Education Code Section 44258.1. Core classes consist of teaching two or more subjects to the same group of students; and
(d) Teach any of the core subjects he or she is teaching to a single group of students in the same grade level as the core classes for less than fifty percent of his or her work day.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225(e), 44256(b), 44258.1 and 44258.15, Education Code.
HISTORY
1. Repealer and new section filed 2-11-2000; operative 3-12-2000 (Register 2000, No. 6). For prior history, see Register 97, No. 20.
§80004. Single Subject Teaching Credential Authorization for Service.
Note • History
(a) The Single Subject Teaching Credential authorizes the holder to teach the subject area(s) listed on the document in grades twelve and below, including preschool, and in classes organized primarily for adults.
(b) The holder of a Single Subject Teaching Credential in the following subject areas is authorized to teach health science:
(1) Health Science,
(2) Life Science, and
(3) Physical Education if the document was initially issued prior to January 1, 1981.
(c) The holder of a Single Subject Teaching Credential in Agriculture, Business, Home Economics, Industrial Arts, or Industrial and Technology Education is authorized to teach the subject area listed on the document in classes designated as technical, trade, or vocational by the employing agency.
(d) The holder of a Single Subject Teaching Credential in Foundational-Level General Science authorizes the holder to teach the subject areas as described below in the following grade levels.
(1) Grades twelve and below, including preschool, and in classes organized primarily for adults:
(A) Introductory and general science,
(B) Introductory life science, and
(C) Introductory physical science.
(2) Grades preschool, and kindergarten through eight:
(A) Integrated science.
NOTE
Authority cited: Section 44225(e), Education Code. Reference: Sections 44225(q) and 44256, Education Code.
HISTORY
1. Amendment filed 3-26-81; effective thirtieth day thereafter (Register 81, No. 13).
2. New subsection (c) filed 6-28-82; effective thirtieth day thereafter (Register 82, No. 27).
3. Amendment of section heading, section and Note filed 5-31-2000; operative 6-30-2000 (Register 2000, No. 22).
4. New subsections (d)-(d)(2)(A) filed 1-5-2009; operative 2-4-2009 (Register 2009, No. 2).
§80005. Authorization for Subject Areas for Service in Departmentalized Classes.
Note • History
(a) The holder of a Single Subject Teaching Credential may be assigned to teach the subjects which fall within the broad subject area listed on their document as found in 1 through 16. If a subject is listed below, it may only be taught by the holder of a Single Subject Teaching Credential with the broad subject area listed on their document. The holder of a Single Subject Teaching Credential may be assigned to teach a subject not listed below if the employing agency has determined its subject-matter content is directly related to the broad subject area.
(1) Agriculture: agricultural management, agricultural mechanics, agricultural science, animal science, forestry, horticulture, landscaping, and plant science;
(2) Art: art appreciation, art history, arts and crafts, art theory, calligraphy, cartooning, ceramics, commercial art, costume design, crafts, design, drawing, humanities, illustration, interior decoration, jewelry, leathermaking, painting, photography, sculpture, stagecraft, and yearbook;
(3) Business: accounting, business communications, business English, business mathematics, business management, business marketing, computer concepts and applications, consumer education, data processing, economics, general office occupations, keyboarding, marketing, shorthand, typewriting, and word processing;
(4) English: composition, creative writing, debate, drama, forensics, grammar, humanities, journalism, language arts, language structure, literature, poetry, public speaking, speech, theater arts, and yearbook;
(5) Health: child development, family life, human sexuality, nutrition, sexually transmitted disease education, and substance abuse;
(6) Home Economics: child development, clothing, consumer education, family life, foods, family economics, housing, human development, interior design, nutrition, parenting, and textiles;
(7) Industrial and Technology Education: automotive mechanics, carpentry, computer technology, construction, drafting, electricity, electronics, industrial crafts, industrial design, metals, millwork, photography, plastics, radio and television, technical science/power mechanics, welding, and woods;
(8) Languages Other Than English: courses in culture, grammar, composition, language structure, and literature of the language listed on the document;
(9) Mathematics: basic or general mathematics, algebra, calculus, computer science, consumer mathematics, geometry, mathematical analysis, statistics and probability, and trigonometry;
(10) Music: instrumental music, music appreciation, music theory, and vocal music;
(11) Physical Education: aquatics, dance, fundamental and creative movement, gymnastics, interscholastic sports, motor development or learning, physical conditioning, sports, and weightlifting;
(12) Science: Biological Science: anatomy, biology, botany, ecology, environmental science, evolution, genetics, physiology, and zoology;
(13) Science: Chemistry: chemical reactions, qualitative analysis, quantitative analysis, and structure and stability;
(14) Science: Geoscience: astronomy, cosmology, earth science, forestry, geology, meteorology, oceanography, and paleontology;
(15) Science: Physics: energy, mechanics, and thermodynamics;
(16) Social Science: American government, anthropology, contemporary issues, current events, cultural studies, economics, ethnic studies, geography, government, history, humanities, international government, law, politics, psychology, sociology, United States history, and world history.
(b) The holder of a teaching credential based on a baccalaureate degree and a teacher preparation program, including student teaching or the equivalent, may be assigned, with his or her consent, to teach subject-matter classes which do not fall within or are not directly related to the broad subject areas listed in (a) if the employing agency has determined the teacher has the requisite knowledge and skills. Verification of this decision must be kept on file in the office of the employing agency for purposes of the monitoring of certificated assignments pursuant to Education Code Section 44258.9(b). Such courses may include, but are not limited to, life skills, conflict management, study skills, leadership, teen skills, and study hall. Service in such assignments is limited to the grade level authorized by the teaching credential.
NOTE
Authority cited: Section 44225(e), Education Code. Reference: Sections 44225(q) and 44258.9, Education Code.
HISTORY
1. New section filed 5-31-2000; operative 6-30-2000 (Register 2000, No. 22). For prior history, see Register 82, No. 27.
§80006. Reading Instruction. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44256 and 44282, Education Code.
HISTORY
1. Repealer filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
§80014. Requirements for the Reading Certificate.
Note • History
(a) The requirements for the Reading Certificate include all of the following:
(1) Possession of a valid credential as specified in Education Code Section 44203(e).
(2) Completion of three years of successful full-time teaching experience in any grades preschool through adult, exclusive of student teaching, internship teaching, or teaching while holding an emergency credential or permit.
(3) An approved reading certificate program and recommendation for the certificate by a California institution of higher education authorized by the Commission or the Committee on Accreditation to recommend for the certificate.
NOTE
Authority cited: Sections 44225(q) and 44254, Education Code. Reference: Section 44254, Education Code.
HISTORY
1. New section filed 10-23-97; operative 11-22-97 (Register 97, No. 43).
2. Change without regulatory effect amending section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80014.1. Authorization of and Period of Validity of the Reading Certificate.
Note • History
(a) Authorization of the Reading Certificate: The Reading Certificate authorizes the holder to provide the following services to students at one or more school sites, at the grade levels authorized by the prerequisite credential in Education Code Section 44203(e):
(1) Provide student assessment in reading, and student instruction that is responsive to the assessments;
(2) Develop, implement and adapt reading instruction, and assist teachers with respect to the prevention and intervention of reading difficulties; and
(3) Develop, implement and adapt instruction, and assist teachers, to enable all students to read and comprehend the content of the curriculum.
(b) Period of validity: The Reading Certificate shall remain valid as long as the prerequisite credential in Education Code Section 44203(e) remains valid.
NOTE
Authority cited: Sections 44225(q) and 44254, Education Code. Reference: Section 44254, Education Code.
HISTORY
1. New section filed 10-23-97; operative 11-22-97 (Register 97, No. 43).
§80014.2. Application Procedure for a Reading Certificate.
Note • History
Each applicant for a Reading Certificate shall submit form Application for Credential Authorizing Public School Service (form 41-4, rev. 7/96) to the California Commission on Teacher Credentialing or through the recommending institution, whichever is appropriate, which shall be accompanied by all of the following:
(a) If the applicant does not already have fingerprint clearance on file with the Commission, the certificate application must include duplicate personal identification cards as specified in Section 80442 and form Application for Character and Identification Clearance (form 41-CIC, rev. 11/96).
(b) The fee(s) as specified in Section 80487.
(c) Official transcripts listing college and university course work as specified in Section 80435.
(d) Scores on the Reading Instruction Competence Assessment (RICA), if applicable.
NOTE
Authority cited: Sections 44225(q) and 44254, Education Code. Reference: Section 44254, Education Code.
HISTORY
1. New section filed 10-23-97; operative 11-22-97 (Register 97, No. 43).
§80015. Requirements for the Crosscultural, Language and Academic Development (CLAD) Certificate or English Learner Authorization.
Note • History
A Crosscultural, Language and Academic Development (CLAD) Certificate or English learner authorization can be earned in the following ways:
(a) Through supplementary coursework: The requirements for earning a CLAD Certificate or English learner authorization through supplementary coursework include (1) through (4) below:
(1) Possession of a valid credential or permit as specified in Section 80015.2(a).
(2) Verification of experience learning a second language obtained through one of the options described in subsections (A) through (P). One of the options must be completed. Partial completion of more than one option will not be accepted except that an applicant may combine partial completion of semester units under option (A) with language training under option (B) at fifteen hours of training equaling one semester unit. Any option or the combination of (A) and (B), with the exception of option (P), must be completed with one language.
(A) Completion of six semester units (or nine quarter units) in coursework that emphasizes the learning of a language other than English (including American Sign Language). A grade of “C” or better. “Pass,” or “Credit,” must be earned in each course. This option must be verified by an official transcript from a regionally accredited college or university, or comparable institution outside the United States. Professional Development and Continuing Education units from such institutions are acceptable. Coursework in the methodology of teaching a language is not acceptable.
(B) Completion of 90 hours of language training, with a grade of “C” or better or the equivalent, in a language other than English offered under the auspices of the California Department of Education's Bilingual Teacher Training Program (BTTP) or by a county office or school district whose program, prior to its implementation, has been deemed equivalent to the BTTP by the California Department of Education. This training is to be verified by a letter signed by an authorized representative of the BTTP or county or district program.
(C) Successful completion of the training in a language other than English given by the Peace Corps to volunteers preparing to serve in a non-English speaking country, verified by official Peace Corps documentation.
(D) Passage of Test II or III of the CSET: LOTE Examinations depending on the specific language as detailed in Section 80015.3(c)(3) or any two of the four parts (listening, reading, speaking, and writing) of Test 6 of the CLAD/BCLAD Examinations, described in Section 80015.3(a)(6), verified by an official score report.
(E) Passage of any nationally administered, standardized examination in a language other than English for which the Commission has established a passing score, verified by an official score report.
(F) A proficiency level of “novice-high” or above on the American Council on the Teaching of Foreign Languages, Inc. (ACTFL) Proficiency Guidelines or “0+” (zero plus) or above on the Interagency Language Roundtable (ILR) Proficiency Descriptions, verified by an official score report.
(G) A score on a College-Level Examination Program (CLEP) examination in a language other than English administered by the College Board equal to or higher than the minimum score recommended by the American Council on Education for awarding credit for two semesters, verified by an official score report.
(H) Possession of a teaching credential from another state that authorizes instruction in a language other than English.
(I) Residence in a non-English speaking country or countries for twelve consecutive months at age 18 or older, verified by passports, work visas, letters from employers, or other documents.
(J) Successful completion of one academic year (over a single period) at age 14 or above at a school in which all instruction, except in the subject area of English, was delivered in a language other than English, verified by an official transcript or a letter from the school.
(K) Successful completion of two academic years between the ages of 10 and 14, inclusive, at a school in which all instruction, except in the subject area of English, was delivered in a language other than English, verified by an official transcript or a letter from the school.
(L) Initial arrival at age 12 or older in the United States after having spent the years from birth to age 12 in a non-English speaking country or countries, verified by a birth certificate, passport, entry visas, or other documents.
(M) Successful completion of three years of course work in a language other than English in grades seven through 12 in a public or private school with an average grade of B or better, verified by an official transcript or a letter from the school.
(N) Achievement of a score on the Advanced Placement Examination in a language other than English offered by Educational Testing Service for which college credit or advanced standing is awarded, verified by either an official transcript or a letter from the registrar's or admission's office from a regionally accredited institution of higher education.
(O) Achievement on a college or university placement examination in a language other than English for which 1) a minimum of six semester academic units or the equivalent quarter units are awarded or 2) placement in an advanced level course, defined as no lower than the second year of a multi-year sequence, is given or 3) an exemption from a one year requirement is granted. This must be verified by either an official transcript or a letter from the registrar's or admission's office from a regionally accredited institution of higher education.
(P) Possession of a bachelor's degree from a regionally accredited college or university as specified in Section 80457.
(3) Completion of one of the following:
(A) 24 semester units (or 36 quarter units) or 12 upper-division/graduate semester units (or 18 upper-division/graduate quarter units) of coursework as defined in subsection (5). The coursework must be applicable toward a bachelor's degree or a higher degree at a regionally accredited college or university; must be verified by an official transcript from such an institution; and must have been completed on or before January 31, 2008. Final date for initial issuance of a CLAD Certificate or English learner authorization pursuant to this subsection shall be January 31, 2011; or
(B) Commission-approved California Teacher of English Learners (CTEL) program accredited by the Committee on Accreditation as provided in Education Code §44373(c), including verification of program completion as provided in Education Code §44227(b).
(4) Submission of a complete application packet and fee(s) as specified in Section 80487.
(5) A grade of “C” or higher, “Pass,” or “Credit” must be earned in the coursework used to qualify for the CLAD Certificate or English learner authorization pursuant to Section 80015(a)(3)(A). All of the coursework must be in the three subject areas listed in subsections (A), (B), and (C) below, and all three of the subject areas must be covered in the set of coursework used to satisfy this requirement.
(A) Language structure and first- and second-language development, including the following:
1. Language structure and use: universals and differences (including the structure of English), and
2. Theories and factors in first- and second-language development.
(B) Methodology of bilingual instruction, instruction for English language development, and specially designed academic instruction delivered in English, including the following:
1. Theories and methods of bilingual education.
2. Theories and methods of instruction for English language development.
3. Theories and methods of specially designed academic instruction delivered in English, and
4. Language and content area assessment.
(C) Culture and cultural diversity, including the following:
1. Nature and content of culture,
2. Crosscultural contact and interactions,
3. Cultural diversity in the United States and California, and
4. Providing culturally responsive instruction.
(6) The holder of a Supplementary Authorization in either English as a Second Language (ESL) or Introductory ESL may use that document to earn a CLAD Certificate or English learner authorization. A Supplementary Authorization in ESL or Introductory ESL will remain valid as long as the holder's prerequisite teaching credential remains valid. A Supplementary Authorization in ESL or Introductory ESL authorizes instruction for English language development, as defined in Education Code Section 44253.2(a), at the levels and in the grades specified in Sections 80057.5 and 80089 as those sections existed on January 1, 1993. The requirements for earning a CLAD Certificate or English learner authorization for holders of the Supplementary Authorization in ESL or Introductory ESL include all of the following:
(A) Experience learning a second language as specified in Section 80015(a)(2).
(B) Completion of three semester units (or four quarter units) of coursework in the theories and methods of specially designed academic instruction delivered in English. The coursework must be applicable toward a bachelor's degree or a higher degree at a regionally accredited college or university and must be verified by an official transcript from such an institution. A grade of “C” or higher, “Pass,” or “Credit” must be earned in each course. Coursework completed after January 31, 2008 to satisfy this requirement must be verified by a Commission-approved CTEL program accredited by the Committee on Accreditation as provided in Education Code §§44373(c).
(C) Submission of a complete application packet and fee(s) as specified in Section 80487.
(7) The holder of a certificate of completion issued pursuant to Education Code §§ 44253.10 or 44253.11 may use that document to earn a CLAD Certificate or English learner authorization. The requirements for earning a CLAD Certificate or English learner authorization for holders of such a certificate of completion include all of the following:
(A) Possession of a valid credential or permit as specified in Section 80015.2(a).
(B) Experience learning a second language as specified in Section 80015(a)(2).
(C) Completion of coursework as follows:
1. Holders of a certificate of completion for specially designed academic instruction delivered in English (SDAIE) must complete nine semester units (or twelve quarter units) of upper-division/graduate coursework as described in Section 80015(a)(5) above except that the coursework need not include the topics listed in subsections (A)1, (A)2, (B)3, and (C)4. Coursework completed after January 31, 2008 to satisfy this requirement must be verified by a Commission-approved CTEL program accredited by the Committee on Accreditation as provided in Education Code §44373(c).
2. Holders of a certificate of completion for English language development (ELD) must complete nine semester units (or twelve quarter units) of upper-division/graduate coursework as described in Section 80015(a)(5) above except that the coursework need not include the topics listed in subsections (A)1, (A)2, (B)2, and (C)4. Coursework completed after January 31, 2008 to satisfy this requirement must be verified by a Commission-approved CTEL program accredited by the Committee on Accreditation as provided in Education Code §44373(c).
3. Holders of two certificates of completion, one for SDAIE and one for ELD must complete six semester units (or eight quarter units) of upper-division/graduate coursework as described in Section 80015(a)(5) above except that the coursework need not include the topics listed in subsections (A)1, (A)2, (B)2, (B)3, and (C)4. Coursework completed after January 31, 2008 to satisfy this requirement must be verified by a Commission-approved CTEL program accredited by the Committee on Accreditation as provided in Education Code §44373(c).
4. Holders of a certificate of completion for both SDAIE and ELD must complete nine semester units (or twelve quarter units) of upper-division/graduate coursework as described in Section 80015(a)(5) above except that the coursework need not include the topics listed in subsections (A)1, (A)2, (B)2, (B)3, and (C)4. Coursework completed after January 31, 2008 to satisfy this requirement must be verified by a Commission-approved CTEL program accredited by the Committee on Accreditation as provided in Education Code §44373(c).
(D) Submission of a complete application packet and fee(s) as specified in Section 80487.
(b) By examination: The requirements for earning a CLAD Certificate or English learner authorization by examination include all of the following:
(1) Possession of a valid credential or permit as specified in Section 80015.2(a).
(2) Experience learning a second language as specified in Section 80015(a)(2).
(3) Passage of either Tests 1, 2, and 3 of the CLAD/BCLAD Examinations or Tests 1, 2, and 3 of the CTEL Examinations described in Section 80015.3. Each passing score must have been earned within five years prior to the date of application for a CLAD Certificate or English learner authorization.
(4) Submission of a complete application packet and fee(s) as specified in Section 80487.
(c) By converting a Language Development Specialist Certificate: Converting a Language Development Specialist Certificate to a CLAD Certificate or English learner authorization is not required. Unless used to apply for a CLAD Certificate or English learner authorization, a Language Development Specialist Certificate shall remain valid as long as the holder's prerequisite credential or permit remains valid. The Language Development Specialist Certificate authorizes the same services as the CLAD Certificate or English learner authorization as specified in Section 80015.2(b) and may be used in conjunction with any valid prerequisite credential or permit per Section 80015.2(d). The requirements for earning a CLAD Certificate or English learner authorization by converting a Language Development Specialist Certificate is submission of a complete application packet and fee as specified in Section 80487.
(d) By converting a CLAD Certificate: Converting a CLAD Certificate to an English learner authorization is not required. Unless used to apply for an English learner authorization, a CLAD Certificate shall remain valid as long as the holder's prerequisite credential or permit remains valid. The CLAD Certificate authorizes the same services as the English learner authorization as specified in Section 80015.2(b) and may be used in conjunction with any valid prerequisite credential or permit per Section 80015.2(d). The requirement for earning an English learner authorization by converting a CLAD Certificate is submission of a complete application and fee(s) as specified in Section 80487.
(e) The provisions in Sections 80015(a)(3) and 80015(b)(3) may be combined toward the issuance of a CLAD Certificate or English learner authorization as determined by a Commission-approved CTEL program accredited by the Committee on Accreditation as provided in Education Code §44373(c) and verified by the program as provided in §44227(b).
NOTE
Authority cited: Sections 44253.9 and 44225(q), Education Code. Reference: Sections 44227(b), 44253.3, 44253.6, 44253.10, 44253.11, 44225(b), 44225(d) and 44373(c), Education Code.
HISTORY
1. New section filed 5-18-94; operative 7-1-94 (Register 94, No. 20).
2. Amendment of subsection (a)(2) and new subsections (a)(2)(N)-(P) filed 3-12-97; operative 4-11-97 (Register 97, No. 11).
3. Editorial correction of subsection (a)(2)(G) (Register 97, No. 46).
4. Amendment of section and Note filed 3-10-98; operative 4-9-98 (Register 98, No. 11).
5. Amendment of subsection (a)(2)(N) filed 1-8-2001; operative 2-7-2001 (Register 2001, No. 2).
6. Change without regulatory effect repealing subsection (b)(3), redesignating former subsection (b)(3)(A) as new subsection (b)(3) and repealing subsections (b)(3)(B)-(C) filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
7. Amendment of section heading, section and Note filed 10-18-2010; operative 11-17-2010 (Register 2010, No. 43).
§80015.1. Requirements for the Bilingual Authorization.
Note • History
A bilingual authorization can be earned in one of the following ways:
(a) By examination: The requirements for earning a bilingual authorization by examination include all of the requirements specified in subsections (1), (2), and (3) below:
(1) Possession of a valid credential or permit as specified in Section 80015.2(a).
(2) Completion of one of the requirements listed below in subsections (A) through (D). All test scores used to qualify for a bilingual authorization, with the exception of scores on the CLAD/BCLAD Examinations, must have been earned within five years prior to the date of application for the bilingual authorization. CLAD/BCLAD Examination scores used to qualify for a bilingual authorization must have been earned within seven years prior to the date of application for the bilingual authorization. The CLAD/BCLAD and CSET: LOTE Examinations referred to in this subsection are those examinations described in Section 80015.3.
(A) Passage of Tests 1 through 3 of the CTEL Examinations and Test II or III depending on the specific language as detailed in Section 80015.3(c)(3), Test IV, and Test V of the CSET: LOTE Examinations.
(B) Passage of Tests 1 through 6 of the CLAD/BCLAD Examinations.
(C) Passage of Tests 4, 5 and 6 of the CLAD/BCLAD Examinations and one of the following:
1. Possession of a Language Development Specialist Certificate (pursuant to Article 3.5, commencing with Section 44475, of Chapter 3 of the Education Code as that article existed on December 31, 1992).
2. Completion of the coursework or program described in Section 80015(a)(3).
3. Possession of a CLAD Certificate or English learner authorization as described in Section 80015.
(D) Passage of Test II or III depending on the specific language as detailed in Section 80015.3(c)(3), Test IV and Test V of the CSET: LOTE Examinations, and one of the following:
1. Possession of a Language Development Specialist Certificate (pursuant to Article 3.5, commencing with Section 44475, of Chapter 3 of the Education Code as that article existed on December 31, 1992).
2. Completion of the coursework or program described in Section 80015(a)(3).
3. Possession of a CLAD Certificate or English learner authorization as described in Section 80015.
(3) Submission of a complete application packet and fee(s) as specified in Section 80487.
(4) In subsections (A) through (D) above, the requirement to pass Test 6 of the CLAD/BCLAD Examinations or Test II or Test III of the CSET: LOTE depending on the specific language as detailed in Section 80015.3(c)(3) may be waived by either of the following:
(A) Possession of a valid, non-emergency California Single Subject or Standard Secondary Teaching Credential with a major in a language other than English.
(B) Possession of a three-year or higher degree from a foreign institution in which all instruction is delivered in a language other than English. The foreign institution must be equivalent in status to a regionally accredited institution of higher education in the United States.
(b) By program: The requirements for earning a bilingual authorization by program include all of the requirements specified in subsections (1), (2), and (3) below:
(1) Possession of a valid credential or permit as specified in Section 80015.2(a).
(2) Commission-approved bilingual authorization program accredited by the Committee on Accreditation as provided in Education Code §44373(c), including verification of program completion as provided in Education Code §44227(b).
(3) Submission of a complete application packet and fee(s) as specified in Section 80487.
(c) By converting a Bilingual Certificate of Competence or BCLAD Certificate: Converting a Bilingual Certificate of Competence or a BCLAD Certificate to a bilingual authorization is not required. Unless used to apply for a bilingual authorization, a Bilingual Certificate of Competence or BCLAD Certificate shall remain valid as long as the holder's prerequisite credential or permit remains valid. The Bilingual Certificate of Competence and BCLAD Certificate authorizes the same services as the bilingual authorization as specified in Section 80015.2(c) and may be used in conjunction with any valid prerequisite credential or permit per Section 80015.2(d). The requirement for earning a bilingual authorization by converting a Bilingual Certificate or BCLAD Certificate is submission of a complete application packet and fee as specified in Section 80487.
(d) The provisions in Sections 80015.1(a)(2) and 80015.1(b)(2) may be combined toward the issuance of a bilingual authorization as determined by a Commission approved bilingual authorization program accredited by the Committee on Accreditation as provided in Education Code §44373(c) and verified by the program as provided in Education Code §44227(b).
NOTE
Authority cited: Sections 44253.9 and 44225(q), Education Code. Reference: Sections 44227(b), 44253.4, 44253.6, 44225(b), 44225(d) and 44373(c), Education Code.
HISTORY
1. New section filed 5-18-94; operative 7-1-94 (Register 94, No. 20).
2. Change without regulatory effect repealing subsection (a)(2)(C)1. and renumbering subsections filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
3. Amendment of section heading, section and Note filed 10-18-2010; operative 11-17-2010 (Register 2010, No. 43).
§80015.2. Prerequisite Credential or Permit for, Authorization of, and Period of Validity of the Crosscultural, Language and Academic Development (CLAD) Certificate, the English Learner Authorization and the Bilingual Authorization.
Note • History
(a) Applicants for a Crosscultural, Language and Academic Development (CLAD) Certificate, English learner authorization or a bilingual authorization, must possess a valid California teaching credential, services credential, visiting faculty permit, child development permit, children's center instructional permit, or children's center supervision permit which credential or permit authorizes the holder to provide instruction to pupils in preschool, kindergarten, any of grades 1 to 12 inclusive, or classes primarily organized for adults, except for the following:
(1) Emergency credentials or permits.
(2) Exchange credentials as specified in Education Code Section 44333.
(3) District intern certificates as specified in Education Code Section 44325.
(4) Sojourn certified employee credentials as specified in Education Code Section 44856.
(5) Teacher education internship credentials as specified in Article 3 (commencing with Education Code Section 44450) of Chapter 3.
(b) Authorization of the CLAD Certificate and English learner authorization: The CLAD Certificate and English learner authorization authorizes the holder to provide both of the following services to English leaners:
(1) Instruction for English language development, as defined in Education Code Section 44253.2(a), in preschool, kindergarten, grades 1 to 12, inclusive, and classes organized primarily for adults, except in the following situations:
(A) If the prerequisite credential or permit specified in Section 80015.2(a) is a children's center instructional or supervision permit or a child development permit, then instruction for English language development shall be limited to the programs authorized by that permit.
(B) If the prerequisite credential or permit specified in Section 80015.2(a) is a designated subjects teaching credential in adult education, then instruction for English language development shall be limited to classes organized primarily for adults.
(2) Specially designed academic instruction delivered in English, defined in Education Code Section 44253.2(b) as specially designed content instruction delivered in English, in the subjects and at the grade or age levels authorized by the prerequisite credential or permit specified in Section 80015.2(a).
(c) Authorization of the bilingual authorization: The bilingual authorization authorizes the holder to provide both of the services authorized by the CLAD Certificate and English learner authorization as specified in Section 80015.2(b) and both of the following services to English learners whose primary language is the language indicated on the bilingual authorization:
(1) Content instruction delivered in the students' primary language in the subjects and at the grade or age levels authorized by the prerequisite credential or permit specified in Section 80015.2(a).
(2) Instruction for primary language development, as defined in Education Code Section 44253.2(d), in preschool, kindergarten, grades 1 to 12, inclusive, and classes organized primarily for adults, except in the following situations:
(A) If the prerequisite credential or permit specified in Section 80015.2(a) is a children's center instructional or supervision permit or a child development permit, then instruction for primary language development shall be limited to the programs authorized by that permit.
(B) If the prerequisite credential or permit specified in Section 80015.2(a) is a designated subjects teaching credential in adult education, then instruction for primary language development shall be limited to classes organized primarily for adults.
(d) An individual who holds an English learner or bilingual authorization, a CLAD or BCLAD Certificate, a Multiple Subject or Single Subject Teaching Credential with a CLAD or BCLAD Emphasis, a Language Development Specialist Certificate or a Bilingual Certificate of Competence may use the authorization to provide the English learner or bilingual services, as appropriate to the specific authorization, in conjunction with a valid prerequisite credential or permit specified in Section 80015.2(a).
(e) Period of validity:
(1) The CLAD Certificate shall remain valid as long as the prerequisite credential or permit specified in Section 80015.2(a) remains valid.
(2) The English learner authorization may be added to a prerequisite credential or permit specified in Section 80015.2(a) and shall remain valid as long as the prerequisite credential or permit remains valid.
(3) The bilingual authorization shall be added to a prerequisite credential or permit specified in Section 80015.2(a) and shall remain valid as long as the prerequisite credential or permit remains valid.
NOTE
Authority cited: Section 44253.9, Education Code. Reference: Sections 44253.2(d), 44253.3 and 44253.4, Education Code.
HISTORY
1. New section filed 5-18-94; operative 7-1-94 (Register 94, No. 20).
2. Amendment of subsection (b)(2) filed 3-10-98; operative 4-9-98 (Register 98, No. 11).
3. Amendment of section heading, section and Note filed 10-18-2010; operative 11-17-2010 (Register 2010, No. 43).
§80015.3. The CLAD/BCLAD Examinations, CTEL Examinations, and CSET: LOTE Examinations.
Note • History
(a) The CLAD/BCLAD Examinations include the following six tests:
(1) Test 1, covering language structure and first- and second-language development. Test 1 must have been passed on or before June 24, 2006.
(2) Test 2, covering methodology of bilingual instruction, instruction for English language development, and specially designed academic instruction delivered in English. Test 2 must have been passed on or before June 24, 2006.
(3) Test 3, covering culture and cultural diversity. Test 3 must have been passed on or before June 24, 2006.
(4) Test 4, covering methodology for primary language instruction. Test 4 must have been passed on or before June 23, 2007.
(5) Test 5, covering the culture of emphasis, which is the culture associated with the language to be indicated on the bilingual authorization. Test 5 must have been passed on or before June 23, 2007.
(6) Test 6, covering the language of emphasis, which is the language to be indicated on the bilingual authorization. Test 6 must have been passed on or before June 23, 2007.
(b) The California Teaching English Learners (CTEL) Examinations include the following three tests:
(1) Test 1, covering language and language development.
(2) Test 2, covering assessment and instruction.
(3) Test 3, covering culture and inclusion.
(c) The California Subject Examinations for Teachers (CSET): Language Other Than English (LOTE) Examinations include the following three tests:
(1) Test IV, covering bilingual methodology.
(2) Test V, covering the particular culture of emphasis, which is the culture associated with the language to be indicated on the bilingual authorization.
(3) Test II or III, covering the particular language of emphasis, which is the language to be indicated on the bilingual authorization as follows:
(A) Test II for the languages of Arabic, Armenian, Farsi, Filipino, Hmong, and Khmer.
(B) Test III for the languages of Cantonese, French, German, Japanese, Korean, Mandarin, Punjabi, Russian, Spanish, and Vietnamese.
(C) Passage of a language assessment administered by a Commission-approved assessor agency in a language for which there is no CSET: LOTE Test II or Test III shall satisfy the provisions of this subsection.
(D) CSET LOTE Test IIs, CSET: LOTE Test IIIs and Commission-approved language assessments shall consist of the integrated communication skills of listening, speaking, reading, and writing.
(d) Passage of CLAD/BCLAD Examinations and CSET: LOTE Examinations may be combined to satisfy the provisions of Section 80015.1(a)(2)(A) through (D) as follows:
(1) CLAD/BCLAD Test 4 may be used to satisfy the requirements for CSET: LOTE Test IV;
(2) CLAD/BCLAD Test 5 may be used to satisfy the requirements for CSET: LOTE Test V;
(3) CLAD/BCLAD Test 6 may be used to satisfy the requirements for CSET: LOTE Test II or III.
NOTE
Authority cited: Section 44253.9, Education Code. Reference: Section 44253.5, Education Code.
HISTORY
1. New section filed 5-18-94; operative 7-1-94 (Register 94, No. 20).
2. Amendment of section and Note filed 3-10-98; operative 4-9-98 (Register 98, No. 11).
3. Amendment of section heading and section filed 10-18-2010; operative 11-17-2010 (Register 2010, No. 43).
§80015.4. Credentials and Permits with an English Learner Authorization or Bilingual Authorization.
Note • History
(a) Individuals who hold a valid prerequisite credential or permit as specified in Section 80015.2(a) with an English learner authorization may add the English learner authorization to any other valid prerequisite credential or permit held by submission of a completed application packet and fee as specified in Section 80487. The English learner authorization may be added during the validity period of the document or at the time of renewal.
(b) Individuals who hold a valid prerequisite credential or permit as specified in Section 80015.2(a) with a bilingual authorization may add the bilingual authorization to any other valid prerequisite credential or permit held by submission of a completed application packet and fee as specified in Section 80487. The bilingual authorization may be added during the validity period of the document or at the time of renewal.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225(b) and 44225(d), Education Code.
HISTORY
1. New section filed 5-18-94; operative 7-1-94 (Register 94, No. 20).
2. Amendment of section heading and section filed 10-18-2010; operative 11-17-2010 (Register 2010, No. 43).
§80016. Certificates of Completion of Staff Development to Teach English Language Development and/or Specially Designed Academic Instruction Delivered in English to Limited-English-Proficient Students.
Note • History
(a) Applicants for a Certificate of Completion of Staff Development to teach English language development and/or specially designed academic instruction delivered in English to limited-English-proficient students must meet the following requirements:
(1) hold a valid basic teaching credential as defined in Education Code Section 44203(e);
(2) by January 1, 1999, meet the employment status criteria described in Education Code Section 44253.10(a)(1) as verified by the teacher under penalty of perjury and subject to audit by the Commission;
(3) complete one of the following staff development programs in methods of specially designed content instruction delivered in English or English language development, or both, as specified, that has been determined by the Commission to meet the guidelines and standards established pursuant to Education Code Section 44253.10, prior to January 1, 2005, and submit verification by the school district, county office of education, college or university, or other approved agency, whose program has been approved by the Commission, on the Recommendation for Certificate of Completion of Staff Development form (41-395 rev. 5/00) provided by the Commission:
(A) To provide specially designed content instruction delivered in English as defined in Education Code Section 44253.2(b) to students in a class or subject authorized by the applicant's basic teaching credential: 45 clock hours in either specially designed content instruction delivered in English or in a combination of specially designed content instruction delivered in English and English language development.
(B) To provide instruction for English language development as defined in Education Code Section 44253.2(a) to students in a departmentalized class in the subject and grade authorized by the applicant's basic teaching credential: the same 45 clock hours in specially designed content instruction delivered in English, or combination of specially designed content instruction delivered in English and English language development, completed for subsection (A) above.
(C) To provide instruction for English language development as defined in Education Code Section 44253.2(a) to students in a self-contained classroom, either 1. or 2. below:
1. nine years of experience in California public schools verified by the teacher under penalty of perjury and subject to audit by the Commission, experience or training in teaching limited-English-proficient students as described in Title 5 Section 80689.2(a)(2) verified by the teacher under penalty of perjury and subject to audit by the Commission, and the same 45 clock hours in specially designed academic instruction delivered in English, or combination of specially designed content instruction delivered in English and English language development, completed for subsection (A) above.
2. fewer than nine years of experience in California public schools or insufficient experience or training in teaching limited-English-proficient students to meet the requirements of subsection (a)(3)(C)1. above and the same 45 clock hours in specially designed academic instruction delivered in English, or combination of specially designed content instruction delivered in English and English language development, completed for subsection (A) above, plus, within three years of completing the staff development in subsection (A) and before January 1, 2008, an additional 45 clock hours in English language development, or combination of specially designed content instruction delivered in English and English language development.
(4) Submit a completed Application for Credential Authorizing Public School Service (form 41-4 rev. 7/00), verification of completion of the above requirements, including the Recommendation for Certificate of Completion of Staff Development (form 41-395 rev. 5/00) and employment-status and experience self-verifications, and a fee of forty-five dollars.
(b) Period of validity: The Certificate of Completion of Staff Development shall remain valid as long as the basic teaching credential, defined in (a)(1), remains valid.
NOTE
Authority cited: Sections 44225(q) and 44253.10, Education Code. Reference: Sections 44203(e), 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 4-25-2001; operative 5-25-2001 (Register 2001, No. 17).
§80020. Additional Assignment Authorizations for Specified Teaching Credentials.
Note • History
(a) The holder of a General Kindergarten-Primary Teaching Credential may be assigned, with his or her consent, to teach self-contained classes in grades four through eight.
(b) The holder of a Standard Elementary Teaching Credential may be assigned, with his or her consent, to teach self-contained classes in grades preschool, ten through twelve, and in classes organized primarily for adults, and to teach departmentalized classes in the subject or subjects of his or her majors or minors in grades nine and below.
(c) The holder of a Standard Teaching Credential for Early Childhood Education may be assigned, with his or her consent, to teach self-contained classes in grades four through twelve, and in classes organized primarily for adults, and to teach departmentalized classes in the subject or subjects of his or her majors or minors in grades nine and below.
(d) The holder of a General Secondary Teaching Credential may be assigned, with his or her consent, to teach departmentalized classes in grades kindergarten through six in the subjects of his or her majors or minors or in subjects in which he or she has taught successfully for three years within the ten years prior to the assignment.
(e) The holder of a General Junior High Teaching Credential may be assigned, with his or her consent, to teach classes in grades kindergarten through grades six in the subjects of his or her majors or minors or in subjects in which he or she has taught successfully for three years within the ten years prior to the assignment.
(f) The holder of a Standard Secondary Teaching Credential may be assigned, with his or her consent, to teach departmentalized classes in grades preschool, kindergarten through six, and in classes organized primarily for adults in the subjects of his or her majors or minors.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225(b) and 44225(e), Education Code.
HISTORY
1. New section filed 9-20-94; operative 10-20-94 (Register 94, No. 38).
§80020.1. Additional Assignment Authorizations for Specific Special Education Credentials.
Note • History
(a) The holder of the following credentials may be assigned, with his or her consent, to teach preschool age students in the disability area(s) authorized by the credential. The holder must have successfully taught preschool age students for a minimum of three years prior to July 1, 2003 in the disability area(s) authorized by the credential:
(1) Standard Elementary and Standard Secondary Teaching Credential with a minor in Mentally Retarded,
(2) Standard Limited Specialized Preparation Teaching Credential with a major in Mentally Retarded,
(3) Exceptional Children Teaching Credential with a major in Mentally Retarded,
(4) Standard Restricted Teaching Credential with a minor in Trainable Mentally Retarded or Educable Mentally Retarded, and
(5) Special Secondary Teaching Credential with a major in Mentally Retarded.
(b) The holder of the following credentials may be assigned, with his or her consent, to teach students ages birth to preschool in the disability area(s) authorized by the credential. The holder must have successfully taught students ages birth to preschool for a minimum of three years prior to July 1, 2003 in the disability area(s) authorized by the credential:
(1) Standard Elementary and Standard Secondary Teaching Credential with a minor in Speech and Hearing Handicapped, Deaf and Severely Hard-of-Hearing, Visually Handicapped, or Orthopedically Handicapped Including the Cerebral Palsied,
(2) Standard Limited Specialized Preparation Teaching Credential with a major in Speech and Hearing Handicapped, Deaf and Severely Hard-of-Hearing, Visually Handicapped, or Orthopedically Handicapped Including the Cerebral Palsied,
(3) Exceptional Children Teaching Credential with a major in Speech Correction and Lip Reading, Deaf or Hard-of-Hearing, Visually Handicapped, or Orthopedically Handicapped Including the Cerebral Palsied,
(4) Standard Restricted Teaching Credential with a minor in Speech and Hearing Therapy, Deaf and Severely Hard-of-Hearing, Visually Handicapped, Orthopedically Handicapped Including the Cerebral Palsied, Deaf-Blind, or Severely Hard-of-Hearing, and
(5) Special Secondary Teaching Credential with a major in Correction of Speech Defects, Deaf, Lip Reading, or Partially Sighted Child, and Blind.
(c) The holder of the following credentials may be assigned, with his or her consent, to teach students ages birth to preschool in the disability area(s) authorized by the credential. The holder must have successfully taught students ages birth to pre-kindergarten for a minimum of three years prior to July 1, 2003 in the disability area(s) authorized by the credential:
(1) Specialist Instruction Teaching Credential with a major in Communication Handicapped, Physically Handicapped or Visually Handicapped and
(2) Specialist Instruction Teaching Credential with a major in Learning Handicapped or Severely Handicapped.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Section 44225(b) and 44225(e), Education Code.
HISTORY
1. New section filed 4-7-2003; operative 5-7-2003 (Register 2003, No. 15).
2. Amendment of subsection (c)(1) and new subsection (c)(2) filed 10-20-2003; operative 11-19-2003 (Register 2003, No. 43).
§80020.3. Additional Assignment Authorizations for Specified Administrative and Supervision Credentials.
Note • History
(a) The holder of a General Elementary or General Secondary School Administration Credential may be assigned, with his or her consent, to any administrative position in a school district or county office of education provided that he or she has been employed successfully for a minimum of three years in an administrative assignment authorized by the credential.
(b) The holder of a General Supervision or Standard Supervision Credential may be assigned, with his or her consent, to any administrative position in a school district or county office of education provided that he or she has been employed successfully for a minimum of three years in an administrative assignment authorized by the credential.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225(b) and 44225(e), Education Code.
HISTORY
1. New section filed 9-20-94; operative 10-20-94 (Register 94, No. 38).
§80020.4. Teachers Serving as Staff Developer.
Note • History
(a) The holder of a California teaching credential based on a baccalaureate degree and a teacher preparation program, including student teaching or the equivalent, may serve as school-site, school district, and or county staff developer in grades twelve and below, including preschool, and in classes organized primarily for adults.
(b) A teacher serving as the staff developer for a specific subject must hold a credential in the subject or have his or her expertise in the subject verified and approved by the local governing board.
(c) The holder of a California designated subjects adult teaching credential may serve as the school-site, school district, and or county staff developer for adult teaching subject areas.
(d) The holder of a California designated subjects vocational teaching credential may serve as the school-site, school district, and or county staff developer for vocational teaching subject areas.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Section 44225(d), Education Code.
HISTORY
1. New section filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).
§80020.4.1. Services a Teacher May Provide.
Note • History
(a) The holder of a California teaching credential based on a baccalaureate degree and a teacher preparation program, including student teaching or the equivalent, may develop, direct, implement, or coordinate programs designed to improve instruction and enhance student learning at the school site in grades twelve and below, including preschool, and in classes organized primarily for adults.
(b) The holder of a California designated subjects adult teaching credential may develop, direct, implement, or coordinate programs designed to improve instruction and enhance student learning for adult teaching subject areas.
(c) The holder of a California designated subjects vocational teaching credential may develop, direct, implement, or coordinate programs designed to improve instruction and enhance student learning for vocational teaching subject areas.
(d) Irrespective of the provisions set out in this section, only individuals who hold either the Reading and Language Arts Specialist Credential or Administrative Services Credential may develop, direct, implement, and coordinate school district or county reading programs. Effective July 1, 2004, school site reading programs may only be developed, directed, implemented, or coordinated by individuals who hold the Reading and Language Arts Specialist Credential, Restricted Reading Specialist Credential, Reading Certificate, or Administrative Services Credential.
(e) An individual who has developed, directed, implemented, or coordinated reading programs for a minimum of three years prior to July 1, 2004, on the basis of a California teaching credential based on a baccalaureate degree and a teacher preparation program, including student teaching or the equivalent, shall be authorized to continue in such assignment. Verification of this teaching experience must be kept on file in the office of the employing agency for purposes of the monitoring of certificated assignments pursuant to Education Code Section 44258.9(b).
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225(d) and 44258.9(b), Education Code.
HISTORY
1. New section filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).
2. Amendment of section heading and section filed 12-23-2002; operative 1-22-2003 (Register 2002, No. 52).
§80020.5. Additional Assignment Authorizations for Specified Pupil Personnel Services Credentials.
Note • History
The holder of a General Pupil Personnel Services Credential or a Standard Designated Services Credential with Specialization in Pupil Personnel Services may be assigned, with his or consent, to provide the services authorized by the credential in preschools and in schools organized primarily for adults.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225(b) and 44225(e), Education Code.
HISTORY
1. New section filed 9-20-94; operative 10-20-94 (Register 94, No. 38).
Article 2. Credential Types, Authorizations, and Requirements
§80021. Multiple Subject, Single Subject or Education Specialist Short-Term Staff Permit.
Note • History
Employing agencies shall request the Multiple Subject, Single Subject or Education Specialist Short-Term Staff Permit when there is an acute staffing need.
(a) The employing agencies shall demonstrate that applicants for the Short-Term Staff Permit have completed all of the following requirements:
(1) Possession of a baccalaureate or higher degree from a regionally accredited college or university.
(2) Meet the basic skills requirement as described in Education Code Section 44252, unless exempt by statutes or regulations.
(3) Successful completion of the specified number of semester units, or equivalent quarter units, of appropriate non-remedial course work taken at a regionally accredited college or university with a grade of “C” or higher, “Pass”, or “Credit” as found in (A), (B) and (C) below. Non-remedial coursework for the purposes of this section shall be defined as coursework that is applicable toward a bachelor's degree or a higher degree at a regionally accredited college or university.
(A) For the Single Subject Short-Term Staff Permit, at least 18 semester units of course work in the subject to be listed.
(B) For the Multiple Subject Short-Term Staff Permit, at least 10 semester units of course work in each of at least four of the following subject areas or at least 10 semester units of course work in each of three subject areas and an additional 10 semester units of course work in a combination of two of the remaining subject areas. The subject areas are as follows: language studies, history, literature, humanities, mathematics, the arts, science, physical education, social science and human development.
(C) For the Education Specialist Short-Term Staff Permit either (A) or (B) above or verify a minimum of three years of successful full-time classroom experience, or the equivalent in part-time experience, working with special education students or verify a minimum of nine semester units of course work in special education or in a combination of special education and regular education that are appropriate to special education or regular education teaching credential.
(4) Multiple Subject, Single Subject, and Education Specialist Short-Term Staff Permits shall be issued with an English learner authorization unless the employing agency requests and the applicant verifies target language proficiency for a bilingual authorization by one of the following:
(A) Passage in the target language of the listening and speaking sections of Test 6 of the BCLAD Examinations or passage of Test II or III of the CSET: LOTE Examinations depending on the specific language as detailed in Section 80015.3(c)(3), or
(B) Passage in the target language of an assessment covering the integrated communication skills of listening, speaking, reading, and writing, administered by a California college or university as a part of its Commission accredited bilingual authorization program, or
(C) Passage in the target language for which the Commission has no BCLAD Test 6 or CSET: LOTE II or III of an assessment covering the integrated communication skills of listening, speaking, reading, and writing, performed by an approved organization pursuant to Education Code Section 44253.5(a), or
(D) Possession of a three-year or higher degree from a foreign institution in which all instruction was delivered in the target language. The foreign institution must be equivalent in status to a regionally accredited institution of higher education in the United States.
(5) The employing agency shall verify or submit the following to the Commission:
(A) That it has conducted a local recruitment for the Short-Term Staff Permit being requested.
(B) That it has provided permit holders with orientation to the curriculum and to techniques of instruction and classroom management and assigned a mentor teacher for the term of the Short-Term Staff Permit.
(C) Written justification for the Short-Term Staff Permit signed by the employing agency's Superintendent or designee. In the case of a state certified non-public school, the director of the school must sign the justification.
(b) The Short-Term Staff Permit shall be issued for no more than one-year, provided that it shall expire at the end of the employing agency's school year and shall not be issued more than once to an individual. The end of the school year shall be no later than July 1 unless the Short-Term Staff Permit is being used for a summer school assignment whereby the end of the school year shall be no later than September 1.
(c) Individuals who were issued an emergency permit pursuant to Education Code Section 44300 that was reissued four times do not qualify for the Short-Term Staff permit.
(d) Use of the Short-Term Staff Permit shall be restricted to the employing agency requesting the permit.
(e) The Short-Term Staff Permit shall authorize the following:
(1) A Multiple Subject Short-Term Staff Permit with an English learner authorization authorizes the same service as a Multiple Subject Teaching Credential with an English learner authorization.
(2) A Multiple Subject Short-Term Staff Permit with a bilingual authorization authorizes the same service as a Multiple Subject Teaching Credential with a bilingual authorization.
(3) A Single Subject Short-Term Staff Permit with an English learner authorization authorizes the same service as a Single Subject Teaching Credential with an English learner authorization.
(4) A Single Subject Short-Term Staff Permit with a bilingual authorization authorizes the same service as a Single Subject Teaching Credential with a bilingual authorization.
(5) An Education Specialist Short-Term Staff Permit with an English learner authorization authorizes the same service as an Education Specialist Instruction Credential with an English learner authorization.
(6) An Education Specialist Short-Term Staff Permit with a bilingual authorization authorizes the same service as an Education Specialist Instruction Credential with a bilingual authorization.
(f) Definitions:
(1) The term “employing agencies” as used in this section shall mean:
(A) Public school districts in California.
(B) County offices of education or county superintendents of schools in California.
(C) Schools that operate under the direction of a California state agency.
(D) Nonpublic, nonsectarian schools and agencies as defined in Education Code Sections 56365 and 56366.
(E) Charter Schools as established in Education Code Section 47605.
(2) The term “acute staffing” as used in this section shall mean when an employing agency needs to fill a classroom immediately based on an unforeseen need including but not limited to:
(A) individual needs additional time to complete pre-service requirements for enrollment into a Commission-approved internship program.
(B) enrollment adjustments require the addition of another teacher.
(C) individual is unable to enroll in a Commission-approved internship program due to timelines or lack of space in the program.
(D) unavailability of a third-year extension or withdrawal from an internship program.
(E) teacher of record is unable to finish the school year due to approved leave/illness.
NOTE
Authority cited: Section 44225(a), Education Code. Reference: Sections 44225(b), 44225(d) and 44225((l)), Education Code.
HISTORY
1. New section filed 5-5-2005; operative 6-4-2005 (Register 2005, No. 18).
2. Repealer and new section (a)(2), amendment of subsections (b) and (f)(2) and new subsections (f)(2)(A)-(E) filed 6-24-2008; operative 7-24-2008 (Register 2008, No. 26).
3. New subsections (a)(4)-(a)(4)(D), subsection renumbering, amendment of subsection (e)(1), new subsections (e)(2), (e)(4) and (e)(6), subsection renumbering and amendment of newly designated subsections (e)(3) and (e)(5) filed 10-18-2010; operative 11-17-2010 (Register 2010, No. 43).
§80021.1. Multiple Subject, Single Subject or Education Specialist Provisional Internship Permit.
Note • History
Employing agencies shall request the Multiple Subject, Single Subject or Education Specialist Provisional Internship Permit when a suitable credentialed teacher cannot be found after a diligent search.
(a) The employing agencies shall demonstrate that applicants for a Provisional Internship Permit have completed the following requirements:
(1) Possession of a baccalaureate or higher degree from a regionally accredited college or university.
(2) Meet the basic skills requirement as described in Education Code Section 44252, unless exempt by statutes or regulations.
(3) Successful completion of the specified number of semester units, or equivalent quarter units, of appropriate non-remedial course work taken at a regionally accredited college or university with a grade of “C” or higher, “Pass”, or “Credit” as found in (A), (B) and (C) below. Non-remedial coursework for the purposes of this section shall be defined as coursework that is applicable toward a bachelor's degree or a higher degree at a regionally accredited college or university.
(A) For the Single Subject Provisional Internship Permit, at least 18 semester units of course work in the subject to be listed: or
(B) For the Multiple Subject Provisional Internship Permit, at least 10 semester units of course work in each of at least four of the following subject areas or at least 10 semester units of course work in each of three subject areas and an additional 10 semester units of course work in a combination of two of the remaining subject areas. The subject areas are as follows: language studies, history, literature, humanities, mathematics, the arts, science, physical education, social science and human development.
(C) For the Education Specialist Provisional Internship Permit, either (A) or (B) above or verify a minimum of three years of successful full-time classroom experience, or the equivalent in part-time experience, working with special education students or verify a minimum of nine semester units of course work in special education or in a combination of special education and regular education that are appropriate to special education or regular education teaching credential.
(4) Multiple Subject, Single Subject, and Education Specialist Provisional Internship Permits shall be issued with an English learner authorization unless the employing agency requests and the applicant verifies target language proficiency for a bilingual authorization by one of the following:
(A) Passage in the target language of the listening and speaking sections of Test 6 of the BCLAD Examinations or passage of Test II or III of the CSET: LOTE Examinations depending on the specific language as detailed in Section 80015.3(c)(3), or
(B) Passage in the target language of an assessment covering the integrated communication skills of listening, speaking, reading, and writing, administered by a California college or university as a part of its Commission accredited bilingual authorization program, or
(C) Passage in the target language for which the Commission has no BCLAD Test 6 or CSET: LOTE II or III of an assessment covering the integrated communication skills of listening, speaking, reading, and writing, performed by an approved organization pursuant to Education Code Section 44253.5(a), or
(D) Possession of a three-year or higher degree from a foreign institution in which all instruction was delivered in the target language. The foreign institution must be equivalent in status to a regionally accredited institution of higher education in the United States.
(5) The employing agencies shall verify or submit all of the following to the Commission with each request:
(A) That a diligent search has been conducted for a suitable credentialed teacher or suitable qualified internship teacher as evidenced by documentation of that search.
(B) That orientation, guidance and assistance to permit holders, as specified in Section 80026.5, will be provided.
(C) That the employing agency will assist the permit holder in developing a personalized plan through an agency defined assessment that would lead to subject matter competence that is related to the Provisional Internship Permit.
(D) That the employing agency will assist the permit holder to seek and enroll in subject-matter training, such as workshop or seminar formats and site-based courses along with training in test-taking strategies and will assist permit holders in meeting the credential subject-matter competence requirement that is related to the Provisional Internship Permit.
(E) Verification that a notice of intent to employ the applicant in the identified position has been made public as follows:
(i) If the permit is being submitted by a public school district, it must include a copy of the agenda item presented to the governing board of the district in a public meeting with a signed statement from the superintendent, or his or her designee, that the item was acted upon favorably. The agenda item must state the name of the applicant, the assignment in which the applicant will be employed including the name of the school, subject(s) and grade level(s) that he or she will be teaching and that the applicant will be employed on the basis of a Provisional Internship Permit.
(ii) If the permit is being submitted by a county office of education, state operated school, or nonpublic, nonsectarian school or agency, it must include a dated copy of the notice that was posted at least 72 hours before the position was filled and a signed statement from the superintendent or administrator or his or her designee that there were no objections to the permit. The notice must state the name of the applicant, the assignment in which the applicant will be employed including the subject(s) and grade level(s) that he or she will be teaching and that the applicant will be employed on the basis of a Provisional Internship Permit.
(F) Verification that the candidate has been apprised of steps to earn a credential and enroll in an internship program.
(b) The Provisional Internship Permit shall be issued in one-year increments for no more than two years. A permit may not be renewed for a second year unless the permit holder has taken all of the subject matter examinations that are listed on the Provisional Internship Permit.
(c) Individuals who were issued an emergency permit pursuant to Education Code section 44300 that was reissued four times do not qualify for Provisional Internship permit.
(d) Use of the Provisional Internship Permit shall be restricted to the employing agency requesting the permit.
(e) The Provisional Internship Permit shall authorize the following:
(1) A Multiple Subject Provisional Internship Permit with an English learner authorization authorizes the same service as a Multiple Subject Teaching Credential with an English learner authorization.
(2) A Multiple Subject Provisional Internship Permit with a bilingual authorization authorizes the same service as a Multiple Subject Teaching Credential with a bilingual authorization.
(3) A Single Subject Provisional Internship Permit with an English learner authorization authorizes the same service as a Single Subject Teaching Credential with an English learner authorization.
(4) A Single Subject Provisional Internship Permit with a bilingual authorization authorizes the same service as a Single Subject Teaching Credential with a bilingual authorization.
(5) An Education Specialist Provisional Internship Permit with an English learner authorization authorizes the same service as an Education Specialist Instruction Credential with an English learner authorization.
(6) An Education Specialist Provisional Internship Permit with a bilingual authorization authorizes the same service as an Education Specialist Instruction Credential with a bilingual authorization.
(f) Definitions:
(1) The term “Employing agencies” as used in this section shall mean:
(A) Public school districts in California.
(B) County offices of education or county superintendents of schools in California.
(C) Schools that operate under the direction of a California state agency.
(D) Nonpublic, nonsectarian schools and agencies as defined in Education Code Sections 56365 and 56366.
(E) Charter Schools as established in Education Code Section 47605.
(2) The term “diligent search” as used in this section shall include, but is not limited to, distributing job announcements, contacting college and university placement centers, and advertising in print or electronic media.
NOTE
Authority cited: Section 44225(a), Education Code. Reference: Sections 44225(b), 44225(d) and 44225((l)), Education Code.
HISTORY
1. New section filed 5-5-2005; operative 6-4-2005 (Register 2005, No. 18).
2. Amendment of subsection (a)(2), new subsections (a)(4)-(a)(4)(D), subsection renumbering, amendment of subsections (e)-(e)(1), new subsections (e)(2), (e)(4) and (e)(6), subsection renumbering and amendment of newly designated subsections (e)(3) and (e)(5) filed 10-18-2010; operative 11-17-2010 (Register 2010, No. 43).
§80023. Types of Emergency Permits.
Note • History
The following types of emergency permits are governed by the provisions of Sections 80023.1 through 80026.6, except 80025.
(a) Emergency Multiple Subject Teaching Permit.
(b) Emergency Multiple Subject Teaching Permit with a Bilingual, Crosscultural, Language and Academic Development (BCLAD) Emphasis.
(c) Emergency Multiple Subject Teaching Permit with a Crosscultural, Language and Academic Development (CLAD) Emphasis.
(d) Emergency Single Subject Teaching Permit with an authorization to teach one or more of the subjects identified in Education Code Section 44282.
(e) Emergency Single Subject Teaching Permit with a Bilingual, Crosscultural Language and Academic Development (BCLAD) Emphasis with an authority to teach one or more subjects identified in Education Code Section 44282.
(f) Emergency Single Subject Teaching Permit with a Crosscultural, Language and Academic Development (CLAD) Emphasis with an authority to teach one or more subjects identified in Education Code Section 44282.
(g) Emergency Speech-Language Pathology Services Permit.
(h) Emergency Speech-Language Pathology Services Permit, including the Special Class Authorization.
(i) Emergency Teacher Librarian Services Permit.
(j) Emergency Bilingual, Crosscultural, Language and Academic Development (BCLAD) Permit.
(k) Emergency Crosscultural, Language and Academic Development (CLAD) Permit.
(l) Emergency Education Specialist Instruction Permit: Mild/Moderate Disabilities.
(m) Emergency Education Specialist Instruction Permit: Moderate/Severe Disabilities.
(n) Emergency Education Specialist Instruction Permit: Physical and Health Impairments.
(o) Emergency Education Specialist Instruction Permit: Deaf and Hard-of-Hearing.
(p) Emergency Education Specialist Instruction Permit: Visual Impairments.
(q) Emergency Education Specialist Instruction Permit: Early Childhood Special Education.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225(d), 44225(g), 44265 and 44300, Education Code.
HISTORY
1. Repealer and new section filed 4-20-94; operative 5-20-94 (Register 94, No. 16). For prior history, see Register 93, No. 25.
2. Amendment filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
3. New subsections (r)-(w) and amendment of Note filed 9-26-97; operative 10-26-97 (Register 97, No. 39).
4. Change without regulatory effect repealing subsections (g)-(l) and relettering subsections filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
5. Change without regulatory effect amending subsections (g)-(i) filed 5-11-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 20).
§80023.1. General Provisions Governing Emergency Permits.
Note • History
The provisions of this section shall apply to all emergency permits specified in Section 80023.
(a) Terms that are used in Sections 80023 through 80027, inclusive, are defined as follows:
(1) The terms “employing agency” and “local education agency” mean the school district, charter school, county office of education, nonpublic, nonsectarian school or agency, or school operating under the direction of a California state agency, which submits an emergency permit application to the Commission in order to employ the applicant.
(2) “Applicant” is the individual for whom an emergency permit application is submitted.
(3) “Regionally accredited college or university” means an institution of postsecondary education accredited by a regional accrediting body recognized by the Council on Postsecondary Accreditation and the United States Department of Education. In California the regional accrediting body is the Western Association of Schools and Colleges (WASC).
(4) “Related credential” refers to the credential that provides the same authorization as a particular emergency permit.
(b) The following entities may submit emergency permit applications. Each application shall be submitted to the Commission on behalf of the applicant.
(1) Public school districts in California.
(2) County offices of education or county superintendents of schools in California.
(3) Schools that operate under the direction of a California state agency.
(4) Nonpublic, nonsectarian schools and agencies as defined in Education Code Sections 56365 and 56366.
(5) Charter Schools as defined in Education Code Section 47600.
(c) Emergency permits are valid for the length of time specified as follows:
(1) An emergency permit is valid for one year.
(2) The expiration date of an emergency permit which is dependent upon the possession of a valid basic credential will expire with that credential if it expires before the date explained above. The emergency permit may be extended, with an application and fee but without verification of reissuance requirements, to the end of the specified period when the basic credential is renewed.
(3) An individual who holds an emergency permit that was initially issued prior to January 1, 1998, and that is in effect on or after January 1, 1998, may receive one or more reissuances of that permit for a maximum of five additional one-year periods.
(4) An individual who is issued an initial emergency permit on or after January 1, 1998, may receive one or more reissuances of that permit for a maximum of four additional one-year periods.
(d) Teaching or service authorized by an emergency permit shall be restricted to schools operated by the employing agency that requested the permit.
(e) A grade of “C” or higher, “Pass”, or “Credit” must be earned in each course required for the initial issuance and reissuance of an emergency permit. “Non-remedial” coursework for the purposes of this section shall be defined as coursework that is applicable toward a bachelor's degree or a higher degree at a regionally accredited college or university.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225, subdivisions (d) and (g), 44251(c) and 44300, Education Code.
HISTORY
1. New section filed 4-20-94; operative 5-20-94 (Register 94, No. 16).
2. Amendment of subsections (a)(1) and (b)(3) and new subsections (b)(4) and (c)(3) filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
3. Change without regulatory effect amending section and Note filed 1-13-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 3).
4. Amendment of subsection (a)(1), new subsection (b)(5), amendment of subsection (c)(2) and new subsection (e) filed 11-12-99; operative 11-12-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 46).
§80023.2. General Requirements for the Initial Issuance of Emergency Permits.
Note • History
The following requirements apply to the initial issuance of all emergency permits specified in Section 80023.
(a) The applicant must possess a baccalaureate or higher degree from a regionally accredited college or university.
(b) The applicant must verify passage of the California Basic Educational Skills Test (CBEST), unless exempt by statutes or regulations.
(c) The applicant must satisfy the requirements for the permit being requested as specified in Sections 80024.1 through 80024.8.
(d) The employing agency must submit a Declaration of Need for Fully Qualified Educators that satisfies the provisions of Section 80026.
(e) If the applicant does not already have fingerprint clearance on file with the Commission, the permit application must include two fingerprint cards and the completed Application for Character and Identification Clearance (form 41-CIC, rev 11-93), and fee(s). No permit will be issued until the clearance process is completed.
(f) Issuance of an emergency permit also requires the submission of a complete application packet, including a completed Application for Credential Authorizing Public School Service (form 41-4, rev 11-94), payment of the fee(s) required by Section 80487, and other documents required by the Commission to verify completion of all requirements for the emergency permit.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225, subdivisions (d) and (g), and 44300, Education Code.
HISTORY
1. New section filed 4-20-94; operative 5-20-94 (Register 94, No. 16).
2. Amendment of subsections (c) and (f) filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
§80024. Emergency Teaching and Services Credential for Other Than 30-Day Substitute Teaching Service. [Repealed]
Note • History
NOTE
Authority cited: Sections 44232, 44254, 44263, and 44342, Education Code.
HISTORY
1. Repealer filed 4-6-81; effective thirtieth day thereafter (Register 81, No. 15).
§80024.1. Emergency Multiple or Single Subject Teaching Permits.
Note • History
(a) Requirements for the initial issuance of an Emergency Multiple or Single Subject Teaching Permit include all of the following:
(1) The applicant and the employing agency must meet the general requirements specified in Section 80023.2.
(2) The applicant must provide a written affirmation of his or her intent to complete the requirements set forth in Section 80026.6 during the period of the permit.
(3) The applicant must verify one of the following:
(A) Passage of the appropriate subject matter examination(s) approved by the Commission for the related credential; or
(B) Successful completion of the specified number of semester units, or equivalent quarter units, of appropriate course work taken at a regionally accredited college or university as follows:
1. For the Emergency Single Subject Teaching Permit, at least 18 semester units, or nine upper division or graduate semester units, of course work in the subject to be taught; or
2. For the Emergency Multiple Subject Teaching Permit, at least 10 semester units of course work in each of at least four of the following subject areas or at least 10 semester units of course work in each of three subject areas and an additional 10 semester units in a combination of two of the remaining subject areas. The subject areas are as follows: language studies, history, literature, humanities, mathematics, the arts, science, physical education, social science, and human development.
(b) To reissue an Emergency Multiple or Single Subject Teaching Permit, the applicant and the employing agency must meet the requirements for reissuance of emergency permits specified in Section 80026.6.
(1) The applicant who has not completed the subject matter knowledge requirement specified in Section 80413(a)(3) may, for the first reissuance only, take all components of the appropriate subject matter examination as described in Section 80071 in lieu of six semester units of coursework from a regionally accredited college or university.
(c) Authorization:
(1) An Emergency Multiple Subject Teaching Permit authorizes the same service as a Multiple Subject Teaching Credential.
(2) An Emergency Single Subject Teaching Permit authorizes the same service as a Single Subject Teaching Credential in the authorized field(s) listed on the permit.
NOTE
Authority cited: Sections 44225(d), (g), and (q) and 44300, Education Code. Reference: Sections 44300 and 44301, Education Code.
HISTORY
1. New section filed 4-6-81; effective date thirtieth day thereafter (Register 81, No. 15).
2. Amendment filed 7-29-83; effective thirtieth day thereafter (Register 83, No. 31).
3. Amendment filed 6-27-84; effective thirtieth day thereafter (Register 84, No. 26).
4. Amendment of section heading, text and Note filed 4-20-94; operative 5-20-94 (Register 94, No. 16).
5. Amendment of subsections (a)(2) and (a)(3)(D)3. filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
6. Repealer of subsections (a)(3)(A) and (a)(3)(D)-(a)(3)(D)3., subsection relettering, amendment of newly designated subsection (a)(3)(B)2. and amendment of Note filed 4-27-98; operative 5-27-98 (Register 98, No. 18).
7. Amendment of subsections (a)(2) and (b) and new subsection (b)(1) filed 11-12-99; operative 11-12-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 46).
§80024.2. Emergency Multiple or Single Subject Teaching Permit with a Bilingual, Crosscultural, Language and Academic Development (BCLAD) Emphasis.
Note • History
(a) Requirements for the initial issuance of an Emergency Multiple or Single Subject Teaching Permit with a Bilingual, Crosscultural, Language and Academic Development (BCLAD) Emphasis include all of the following:
(1) The applicant and the employing agency must meet the general requirements specified in Section 80023.2.
(2) The applicant must verify target-language proficiency by one of the following:
(A) Passage in the target language of the listening and speaking sections of Test 6 of the CLAD/BCLAD Examinations, or the oral language component of the Bilingual Certificate of Competence (BCC) examination, or
(B) Passage in the target language of an assessment covering oral language proficiency, both listening and speaking, administered by a California college or university as a part of its Commission accredited BCLAD emphasis program, or
(C) Passage in the target language for which the Commission has no BCLAD Test 6 of an assessment covering oral language proficiency, both listening and speaking, performed by an approved organization pursuant to Education Code Section 44253.5(a), or
(D) Possession of a three-year or higher degree from a foreign institution in which all instruction was delivered in the target language. The foreign institution must be equivalent in status to a regionally accredited institution of higher education in the United States, or
(E) Possession of a valid, non-emergency California Single Subject or Standard Secondary Teaching Credential with a major in the target language.
(3) The applicant must verify subject-matter competence by one of the following:
(A) Passage of the appropriate subject matter examination(s) approved by the Commission for the related credential; or
(B) Successful completion of the specified number of semester units, or equivalent quarter units, of appropriate course work taken at a regionally accredited college or university as follows:
1. For the Emergency Single Subject Teaching Permit with a BCLAD Emphasis, at least 18 semester units, or nine upper division or graduate semester units of course work in the subject to be taught; or
2. For the Emergency Multiple Subject Teaching Permit with a BCLAD Emphasis, at least 10 semester units of course work in each of at least four of the following subject areas or at least 10 semester units of course work in each of three subject areas and an additional 10 semester units in a combination of two of the remaining subject areas. The subject areas are as follows: language studies, history, literature, humanities, mathematics, the arts, science, physical education, social science, and human development.
(4) The applicant must provide a written affirmation of his or her intent to complete the requirements set forth in Section 80026.6 during the period of the permit.
(b) To reissue an Emergency Multiple or Single Subject Teaching Permit with a BCLAD Emphasis, the applicant and the employing agency must meet the requirements for reissuance of emergency permits specified in Section 80026.6.
(1) The applicant who has not completed the subject matter knowledge requirement specified in Section 80413(a)(3) may, for the first reissuance only, take all components of the appropriate subject matter examination as described in Section 80071 in lieu of six semester units of coursework from a regionally accredited college or university.
(c) Authorization.
(1) An Emergency Multiple Subject Teaching Permit with a BCLAD Emphasis authorizes the same service as a Multiple Subject Teaching Credential with a BCLAD Emphasis in the target language(s) listed on the permit.
(2) An Emergency Single Subject Teaching Permit with a BCLAD Emphasis authorizes the same service as a Single Subject Teaching Credential with a BCLAD Emphasis in the target language(s) and authorized field(s) listed on the permit.
NOTE
Authority cited: Sections 44225(d), (g), and (q) and 44300, Education Code. Reference: Sections 44300 and 44301, Education Code.
HISTORY
1. Renumbering and amendment of section 80029 to section 80024.2 filed 4-6-81; effective thirtieth day thereafter (Register 81, No. 15).
2. Amendment filed 7-29-83; effective thirtieth day thereafter (Register 83, No. 31).
3. Amendment of section heading, text and Note filed 4-20-94; operative 5-20-94 (Register 94, No. 16).
4. Amendment of section heading and section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
5. Amendment of subsection (a)(2)(D), new subsection (a)(2)(E), repealer of subsections (a)(3)(A) and (a)(3)(D)-(a)(3)(D)3., subsection relettering, amendment of newly designated subsection (a)(13)(B)2. and amendment of Note filed 4-27-98; operative 5-27-98 (Register 98, No. 18).
6. Amendment of subsections (a)(2)(B), (a)(4) and (b) and new subsection (b)(1) filed 11-12-99; operative 11-12-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 46).
§80024.2.1. Emergency Multiple or Single Subject Teaching Permit with a Crosscultural, Language and Academic Development (CLAD) Emphasis.
Note • History
(a) Requirements for the initial issuance of an Emergency Multiple or Single Subject Teaching Permit with a Crosscultural, Language and Academic Development (CLAD) Emphasis include all of the following:
(1) The applicant and the employing agency must meet the general requirements specified in Section 80023.2.
(2) The applicant must verify one of the following:
(A) Passage of the appropriate subject matter examination(s) approved by the Commission for the related credential; or
(B) Successful completion of the specified number of semester units, or equivalent quarter units, of appropriate course work taken at a regionally accredited college or university as follows:
1. For the Emergency Single Subject Teaching Permit with a CLAD Emphasis, at least 18 semester units, or nine upper division or graduate semester units of course work in the subject to be taught; or
2. For the Emergency Multiple Subject Teaching Permit with a CLAD Emphasis, at least 10 semester units of course work in each of at least four of the following subject areas or at least 10 semester units of course work in each of three subject areas and an additional 10 semester units in a combination of two of the remaining subject areas. The subject areas are as follows: language studies, history, literature, humanities, mathematics, the arts, science, physical education, social science, and human development.
(3) The applicant must provide a written affirmation of his or her intent to complete the requirements set forth in Section 80026.6 during the period of the permit.
(b) To reissue an Emergency Multiple or Single Subject Teaching Permit with a CLAD Emphasis, the applicant and the employing agency must meet the requirements for reissuance of emergency permits specified in Section 80026.6.
(1) The applicant who has not completed the subject matter knowledge requirement specified in Section 80413(a)(3) may, for the first reissuance only, take all components of the appropriate subject matter examination as described in Section 80071 in lieu of six semester units of coursework from a regionally accredited college or university.
(c) Authorization:
(1) An Emergency Multiple Subject Teaching Permit with a CLAD Emphasis authorizes the same service as a Multiple Subject Teaching Credential with a CLAD Emphasis.
(2) An Emergency Single Subject Teaching Permit with a CLAD Emphasis authorizes the same service as a Single Subject Teaching Credential with a CLAD Emphasis in the authorized field(s) listed on the permit.
NOTE
Authority cited: Sections 44225(d), (g), and (q) and 44300, Education Code. Reference: Sections 44300 and 44301, Education Code.
HISTORY
1. New section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2. Repealer of subsections (a)(2)(A) and (a)(2)(D)-(a)(2)(D)3., subsection relettering, amendment of newly designated subsection (a)(2)(B)2. and amendment of Note filed 4-27-98; operative 5-27-98 (Register 98, No. 18).
3. Amendment of subsections (a)(3) and (b) and new subsection (b)(1) filed 11-12-99; operative 11-12-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 46).
§80024.3. Emergency Specialist Instruction Permits for Teaching the Learning Handicapped, the Severely Handicapped, the Physically Handicapped, the Communication Handicapped, or the Visually Handicapped. [Repealed]
Note • History
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225(d), 44225(g) and 44300, Education Code.
HISTORY
1. Renumbering and amendment of section 80030 to section 80024.3 filed 4-6-81; effective thirtieth day thereafter (Register 81, No. 15).
2. Amendment filed 7-29-83; effective thirtieth day thereafter (Register 83, No. 31).
3. Amendment filed 1-14-91; operative 1-14-91 (Register 91, No. 7).
4. Amendment of section heading, text and Note filed 4-20-94; operative 5-20-94 (Register 94, No. 16).
5. Amendment of subsections (a)(2)(B)-(a)(3) filed filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
6. Amendment of subsection (a)(4) and new subsection (b)(1) filed 9-26-97; operative 10-26-97 (Register 97, No. 39).
7. Repealer of subsections (a)-(a)(4) and relettering and amendment of former subsection (b) to new subsection (a) filed 11-12-99; operative 11-12-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 46).
8. Change without regulatory effect repealing section filed 5-11-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 20).
§80024.3.1. Emergency Resource Specialist Permit.
Note • History
(a) Requirements for the initial issuance of an Emergency Resource Specialist Permit include all of the following:
(1) The applicant and the employing agency must meet the general requirements as stated in Section 80023.2.
(2) Either (A) or (B) below:
(A) The applicant must possess a valid California teaching credential requiring a baccalaureate degree and a professional preparation program, including student teaching, or
(B) The applicant must possess or show eligibility for an out-of-state credential in special education requiring a baccalaureate degree, and have completed a program approved by the responsible state licensing agency at a regionally accredited institution.
(3) Either (A), (B), or (C) below:
(A) The applicant who holds a basic California teaching credential which does not authorize instruction for special education students must demonstrate intent to enroll in a Commission accredited program for the appropriate Special Education Specialist Instruction Credential within the valid period of the emergency permit.
(B) The applicant who holds a California teaching credential which authorizes instruction for special education students must demonstrate intent to either enroll in a Commission accredited program or complete the assessment for the Resource Specialist Certificate of Competence as outlined in Sections 80070.2 through 80070.8 within the valid period of the emergency permit.
(C) The applicant who holds or is eligible for an out-of-state credential in special education must demonstrate intent to enroll in either a Commission accredited program for the appropriate Special Education Specialist Instruction Credential or the basic teaching credential, as appropriate to his or her training, within the valid period of the emergency permit.
(b) To reissue an Emergency Resource Specialist Permit the applicant and the employing agency must meet the requirements for reissuance of emergency permits specified in Section 80026.6, except in lieu of the six semester units of coursework or ninety clock hours of professional development described in Section 80026.6(a)(5), the applicant who holds a California teaching credential which authorizes instruction for special education students may complete the assessment for the Resource Specialist Certificate of Competence provided for in Section 80070.6.
(c) Authorization: An Emergency Resource Specialist Permit authorizes the same service as the Resource Specialist Certificate of Competence.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225, subdivisions (d) and (g), and 44300, Education Code.
HISTORY
1. New section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2. Amendment of subsections (a)(3)(A)-(b) filed 11-12-99; operative 11-12-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 46).
§80024.3.2. Emergency Education Specialist Instruction Permits.
Note • History
(a) Requirements for the initial issuance of an Emergency Education Specialist Instruction Permit in the areas of Mild/Moderate Disabilities, Moderate/Severe Disabilities, Deaf and Hard-of-Hearing, Physical and Health Impairments, Visual Impairments, and Early Childhood Special Education include all of the following:
(1) The applicant and the employing agency must meet the general requirements specified in Section 80023.2.
(2) In addition, the applicant must meet (A), (B), (C) or (D) below:
(A) must posses a valid California teaching credential requiring a baccalaureate degree and a professional preparation program, including student teaching, or
(B) must posses or show eligibility for an out-of-state credential in special education requiring a baccalaureate degree, and have completed a program approved by the responsible state licensing agency at a regionally accredited institution, or
(C) must verify a minimum of three years of successful full-time classroom experience, or the equivalent in part-time experience, working with special education students in a public school or a state certified nonpublic, nonsectarian school or a state certified nonpublic, nonsectarian agency with students in the age range of the authorization being requested, or
(D) must verify a minimum of nine semester units of coursework in special education or in a combination of special education and regular education that are appropriate to a special education or regular education teaching credential.
(3) The applicant must provide a written affirmation of his or her intent to complete the requirements set forth in Section 80026.6 during the period of the permit.
(b) To reissue an Emergency Specialist Instruction Permit in the areas of Mild/Moderate Disabilities, Moderate/Severe Disabilities, Deaf and Hard-of-Hearing, Physical and Health Impairments, Visual Impairments, and Early Childhood Special Education, the applicant and the employing agency must meet the requirements for reissuance of emergency permits specified in 80026.6.
(1) The applicant who completed a professional preparation program as described in Section 80048.3(b)(2) must complete at least six semester units of coursework toward completion of the requirements described in Section 80048.3(b)(4) through (8) in lieu of the requirements described in 80026.6(a)(5)(A).
(2) The applicant who has not completed the subject matter knowledge requirement specified in Section 80413(a)(3) may, for the first reissuance only, take all components of the appropriate subject matter examination as described in Section 80071 in lieu of six semester units of coursework from a regionally accredited college or university.
(c) Authorization: An Emergency Education Specialist Instruction Permit authorizes the same service as the Education Specialist Instruction Credential in the authorized field(s) listed on the permit.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225, subdivisions (d) and (g), 44265 and 44300, Education Code.
HISTORY
1. New section filed 9-26-97; operative 10-26-97 (Register 97, No. 39).
2. Amendment of subsections (a)(2)(D)-(b) and new subsection (b)(2) filed 11-12-99; operative 11-12-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 46).
§80024.4. Emergency Speech-Language Pathology Services Permit, Including the Special Class Authorization.
Note • History
(a) To reissue an Emergency Speech-Language Pathology Services Permit, including the Special Class Authorization, the applicant and the employing agency must meet the requirements for reissuance of emergency permits specified in Section 80026.6.
(b) Authorization. An Emergency Speech-Language Pathology Services Permit, including the Special Class Authorization, authorizes the same service as a Speech-Language Pathology Services Credential, including the Special Class Authorization.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225(d), 44225(g), 44265.3 and 44300, Education Code.
HISTORY
1. New section filed 4-6-81; effective thirtieth day thereafter (Register 81, No. 15).
2. Amendment filed 7-29-83; effective thirtieth day thereafter (Register 83, No. 31).
3. Amendment filed 1-14-91; operative 1-14-91 (Register 91, No. 7).
4. Amendment of section heading, text and Note filed 4-20-94; operative 5-20-94 (Register 94, No. 16).
5. Amendment of subsection (a)(3) filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
6. Amendment of section heading and subsections (a)(3) and (b) filed 11-12-99; operative 11-12-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 46).
7. Change without regulatory effect amending section heading, section and Note filed 5-11-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 20).
§80024.5. Emergency Speech-Language Pathology Services Permit.
Note • History
(a) To reissue an Emergency Speech-Language Pathology Services Permit, the applicant and the employing agency must meet the requirements for reissuance of emergency permits specified in Section 80026.6.
(b) Authorization. An Emergency Speech-Language Pathology Services Permit authorizes the same service as a Speech-Language Pathology Services Credential.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225(d), 44225(g), 44265.3 and 44300, Education Code.
HISTORY
1. Repealer and new section filed 4-20-94; operative 5-20-94 (Register 94, No. 16). For prior history, see Register 83, No. 31.
2. Amendment of subsection (a)(3) filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
3. Amendment of subsections (a)(3) and (b) filed 11-12-99; operative 11-12-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 46).
4. Change without regulatory effect amending section heading, section and Note filed 5-11-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 20).
§80024.6. Emergency Teacher Librarian Services Permit.
Note • History
(a) Requirements for the initial issuance of the Emergency Teacher Librarian Services Permit are as follows:
(1) Persons holding a valid California Teaching Credential must verify all of the following:
(A) The applicant and the employing agency must meet the general requirements specified in Section 80023.2.
(B) The applicant must possess a valid California Teaching Credential based on a baccalaureate degree and a professional preparation program, including student teaching.
(C) The applicant must provide a written affirmation of his or her intent to complete the requirements set forth in Section 80026.6 during the period of the permit.
(2) Persons holding or eligible for a valid service credential from a state other than California must verify all of the following:
(A) The applicant and the employing agency must meet the general requirements specified in Section 80023.2.
(B) The applicant must verify possession of or eligibility for an out-of-state credential or certificate authorizing service as a school librarian.
(C) The applicant must provide a written affirmation of his or her intent to complete the requirements set forth in Section 80026.6 during the period of the permit.
(b) To reissue an Emergency Teacher Librarian Services Permit, the applicant and the employing agency must meet the requirements for reissuance of emergency permits specified in Section 80026.6.
(c) Authorization. An Emergency Teacher Librarian Services Permit authorizes the same service as a Library Media Teacher Services Credential.
NOTE
Authority cited: Sections 44225(b) and 44225(q), Education Code. Reference: Sections 44225(d), 44225(g) and 44300, Education Code.
HISTORY
1. New section filed 6-14-90; operative 7-14-90 (Register 90, No. 33).
2. Amendment of section heading, text and Note filed 4-20-94; operative 5-20-94 (Register 94, No. 16).
3. Amendment of subsections (a)(1)(C) and (a)(2)(C) filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
4. Amendment of subsections (a)(1)(C) and (a)(2)(C)-(b) filed 11-12-99; operative 11-12-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 46).
5. Change without regulatory effect amending section heading, section and Note filed 5-11-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 20).
§80024.7. Emergency Bilingual Permit.
Note • History
(a) Requirements for the initial issuance of an Emergency Bilingual Permit include all of the following:
(1) The applicant and the employing agency must meet the general requirements specified in Section 80023.2.
(2) The applicant must possess a valid credential or permit as specified in Education Code Section 44253.4(b)(1).
(3) The applicant must verify target-language proficiency by one of the following:
(A) Passage in the target language of the listening and speaking sections of Test 6 of the CLAD/BCLAD Examinations or passage of Test II or III of the CSET: LOTE Examinations depending on the specific language as detailed in Section 80015.3(c)(3), or
(B) Passage in the target language of an assessment covering the integrated communication skills of listening, speaking, reading, and writing, administered by a California college or university as a part of its Commission accredited bilingual authorization program, or
(C) Passage in the target language for which the Commission has no BCLAD Test 6 or CSET: LOTE Test II or III of an assessment covering the integrated communication skills of listening, speaking, reading, and writing, performed by an approved organization pursuant to Education Code Section 44253.5(a), or
(D) Possession of a valid, non-emergency California Single Subject or Standard Secondary Teaching Credential with a major in the target language, or
(E) Possession of a three-year or higher degree from a foreign institution in which all instruction was delivered in the target language. The foreign institution must be equivalent in status to a regionally accredited institution of higher education in the United States.
(b) To reissue an Emergency Bilingual Permit the applicant and the employing agency must meet the requirements for reissuance of emergency permits specified in Section 80026.6 except in lieu of the six semester units of coursework, the applicant must complete both of the following:
(1) Pass Test II or III depending on the specific language as detailed in Section 80015.3(c)(3), Test IV, or Test V of the CSET: LOTE Examinations if these tests were not passed prior to issuance of the emergency permit being reissued. If all of these tests were passed prior to the issuance of the emergency permit being reissued, or if the applicant opts to take coursework in lieu of the tests, three semester units of coursework required for the bilingual authorization may be substituted. Passage of Test II or III of the CSET: LOTE Examinations is not required of anyone who qualifies for the emergency permit by completion of subsections (D) or (E) in section 80024.7(a)(3) above.
(2) Pass either Test 1, Test 2, or Test 3 of the CTEL Examinations if these tests were not passed prior to issuance of the emergency permit being reissued. If all of these tests were passed, or if the applicant opts to complete coursework in lieu of taking these tests, three semester units of coursework required for the English learner authorization may be substituted.
(c) Authorization. The Emergency Bilingual Permit authorizes the same service as the bilingual authorization as specified in Section 80015.2(c).
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225, subdivisions (d) and (g), and 44300, Education Code.
HISTORY
1. New section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2. Amendment of subsections (a)(3)(B) and (b)-(b)(2) filed 11-12-99; operative 11-12-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 46).
3. Amendment of section heading and section filed 10-18-2010; operative 11-17-2010 (Register 2010, No. 43).
§80024.8. Emergency Crosscultural, Language and Academic Development (CLAD) Permit.
Note • History
(a) Requirements for the initial issuance of an Emergency Crosscultural, Language and Academic Development (CLAD) Permit include all of the following:
(1) The applicant and the employing agency must meet the general requirements specified in Section 80023.2.
(2) The applicant must possess a valid credential or permit as specified in Education Code Section 44253.3(b)(1).
(b) To reissue an Emergency Crosscultural, Language and Academic Development (CLAD) Permit the applicant and the employing agency must meet the requirements for reissuance of emergency permits specified in Section 80026.6 except in lieu of the six semester units of coursework, the applicant must complete any two of the following: Test 1, Test 2, or Test 3 of the CTEL Examinations, if these tests were not passed prior to issuance of the emergency permit being reissued. If the tests were passed, or if the applicant opts to complete coursework in lieu of taking the tests, three semester units of coursework required for the CLAD Certificate or English learner authorization may be substituted for each test not taken.
(c) Authorization. The Emergency Crosscultural, Language and Academic Development (CLAD) Permit authorizes the same service as the Crosscultural, Language and Academic Development (CLAD) Certificate and English learner authorization as specified in Section 80015.2(b).
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225, subdivisions (d) and (g), and 44300, Education Code.
HISTORY
1. New section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2. Amendment of subsection (b) filed 11-12-99; operative 11-12-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 46).
3. Amendment of subsections (b)-(c) filed 10-18-2010; operative 11-17-2010 (Register 2010, No. 43).
§80025. Emergency 30-Day Substitute Teaching Permit.
Note • History
(a) Requirements for the issuance and reissuance of an Emergency 30-Day Substitute Teaching Permit include all of the following:
(1) Possession of a baccalaureate or higher degree from a regionally accredited college or university;
(2) Passage of the California Basic Educational Skills Test (CBEST);
(3) Submission to the Commission on Teacher Credentialing of a completed Application for Credential Authorizing Public School Service (form 41-4, rev 4-94); the fee(s) as specified in Section 80487; and, unless clearance is already on file with the Commission, personal identification on duplicate fingerprint cards and the completed Application for Character and Identification Clearance (form 41-CIC, rev 11-93).
(b) Authorization: The Emergency 30-Day Substitute Teaching Permit authorizes the holder to serve as a substitute in any classroom; preschool, kindergarten and grades 1-12, inclusive; or in classes organized primarily for adults within each county in which the permit is registered provided the employing agency has a completed Statement of Need on file for the school year. However, the holder shall not serve as a substitute for more than 30 days for any one teacher during the school year.
(c) The Statement of Need for 30-day Substitute Teachers must:
(1) describe the situation or circumstances that necessitate the use of an emergency permit holder, and
(2) state that either a credentialed person is not available, or that one or more credentialed persons are available, but do not meet the specified employment criteria established by the employing agency, and
(3) be prepared and signed by, as applicable, the superintendent of the employing school district, the superintendent of the employing county if the service will be rendered in county operated schools, or the head of the state agency under which the employing school operates.
(d) An Emergency 30-Day Substitute Teaching Permit is valid for no less than one year and expires one calendar year from the first day of the month immediately following the date of issuance.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225(e), 44252(a), 44252(b), 44300, 44332.5(b), 44339, 44340 and 44341, Education Code.
HISTORY
1. Amendment filed 4-6-81; effective thirtieth day thereafter (Register 81, No. 15).
2. Amendment filed 7-29-83; effective thirtieth day thereafter (Register 83, No. 31).
3. Amendment filed 6-15-93; operative 7-15-93 (Register 93, No. 25).
4. Amendment of section heading and text filed 4-20-94; operative 5-20-94 (Register 94, No. 16).
§80025.1. Emergency Career Substitute Teaching Permit.
Note • History
(a) Requirements for the initial issuance of an Emergency Career Substitute Teaching Permit include all the following:
(1) Possession of a baccalaureate or higher degree from a regionally accredited institution of higher education;
(2) Passage of the California Basic Educational Skills Test (CBEST) unless exempted by statutes or regulations;
(3) Verification, by employer(s), of either:
(A) Three consecutive years of at least ninety days per year of day-to-day substitute teaching in the California school district requesting the permit in the three years immediately preceding the date of application, or
(B) If the county office of education is responsible for the assignment of day-to-day substitutes for all their school districts, three consecutive years of at least ninety days per year of day-to-day substitute teaching accumulated from one or more California school districts in the county requesting the permit in the three years immediately preceding the date of application;
(4) Statement of endorsement signed by the superintendent of the employing school district or county office of education stating that the individual has served successfully in the district(s) and the district(s) would allow the individual to substitute teach for up to 60 days for one teacher during the school year;
(5) Verification that the employing agency will make available to the permit holder the staff development activities that are offered to their regular teaching staff; and
(6) Submission to the California Commission on Teacher Credentialing of a completed Application for Credential Authorizing Public School Service (form 41-4, rev 6-97); the fee(s) as specified in Section 80487; and, unless clearance is already on file with the Commission, personal identification on duplicate fingerprint cards and the completed Application for Character and Identification Clearance (form 41-CIC, rev 11-96).
(b) Requirements for the reissuance of an Emergency Career Substitute Teaching Permit include all the following:
(1) Statement of continued endorsement from the superintendent of the employing school district or county office of education;
(2) Verification that staff development activities that were offered to their regular teaching staff were made available to the permit holder; and
(3) Submission to the California Commission on Teacher Credentialing of a completed Application for Credential Authorizing Public School Service (form 41-4, rev 6-97); and the fee(s) as specified in Section 80487.
(c) Authorization: The Emergency Career Substitute Teaching Permit authorizes the holder to serve as a substitute in any classroom; preschool, kindergarten and grades 1-12, inclusive; or in classes organized primarily for adults. However, the holder shall not serve as a substitute for more than 60 days for any one teacher during the school year. The permit shall be restricted to the schools operated by the employing agency that requested the permit.
(d) An Emergency Career Substitute Teaching Permit is valid for no less than one year and expires one calendar year from the first day of the month immediately following the date of issuance.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225(d) and (e), 44252(b), 44339, 44340 and 44341.
HISTORY
1. New section filed 8-6-98; operative 9-5-98 (Register 98, No. 32). For prior history, see Register 82, No. 45.
§80025.2. Emergency Substitute Teaching Permit for Prospective Teachers.
Note • History
(a) Requirements for the initial issuance of an Emergency Substitute Teaching Permit for Prospective Teachers include all the following:
(1) Completion of a minimum of ninety semester units of course work from a regionally accredited institution of higher education;
(2) Verification of current enrollment in a regionally accredited four-year California institution of higher education;
(3) Passage of the California Basic Educational Skills Test (CBEST) unless exempted by statutes or regulations; and
(4) Submission to the California Commission on Teacher Credentialing of a completed Application for Credential Authorizing Public School Service (form 41-4, rev 6-97); the fee(s) as specified in Section 80487; and, unless clearance is already on file with the Commission, personal identification on duplicate fingerprint cards and the completed Application for Character and Identification Clearance (form 41-CIC, rev 11-96).
(b) Requirements for the one-time reissuance of an Emergency Substitute Teaching Permit for Prospective Teachers include all the following:
(1) Fifteen semester units of course work from a regionally accredited four-year California institution of higher education completed since the previous permit was issued;
(2) Verification of continued enrollment in a regionally accredited four-year California institution of higher education; and
(3) Submission to the California Commission on Teacher Credentialing of a completed Application for Credential Authorizing Public School Service (form 41-4, rev 6-97); and the fee(s) as specified in Section 80487.
(c) Authorization: The Emergency Substitute Teaching Permit for Prospective Teachers authorizes the holder to serve as a substitute in any classroom; preschool, kindergarten and grades 1-12, inclusive; or in classes organized primarily for adults. However, the holder shall not serve as a substitute for more than 30 days for any one teacher and not more than 90 days total during the school year.
(d) An Emergency Substitute Teaching Permit for Prospective Teachers is valid for no less than one year and expires one calendar year from the first day of the month immediately following the date of issuance.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225(d) and (e), 44252(b), 44339, 44340 and 44341.
HISTORY
1. New section filed 8-6-98; operative 9-5-98 (Register 98, No. 32).
§80025.3. Day to Day Substitute Teaching.
Note • History
(a) The holder of a valid California teaching or services credential for which the requirements are equal to or greater than those listed in Title 5 Section 80025(a)(1) and (2) for an Emergency 30-Day Substitute Teaching Permit is authorized to serve as a substitute in any classroom; preschool, kindergarten and grades 1-12, inclusive; or in classes organized primarily for adults. However, the holder shall not serve as a substitute for more than 30 days for any one teacher during the school year. Holders of teaching or services credentials issued prior to February 1, 1983 will not be held to the requirement in Education Code §44252(b) if the requirements for the credential included a bachelor's degree and a professional preparation program.
(b) The holder of a permit or credential issued according to the provisions of Title 5 Section 80023.2, 80025.1 or 80071.4(c) may, in addition to the authorization of the permit, serve as a substitute in any classroom; preschool, kindergarten and grades 1-12, inclusive; or in classes organized primarily for adults during the valid period of the permit in any district within the county listed on the document. However, the holder shall not serve as a substitute for more than 30 days for any one teacher during the school year.
(c) The provisions of this section do not apply to teachers who hold documents issued under the provisions of Education Code Sections 44305, 44321 or 44325.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Section 44225(e), Education Code.
HISTORY
1. New section filed 12-16-99; operative 1-15-2000 (Register 99, No. 51).
§80025.4. Substituting in a Special Education Classroom.
Note • History
(a) The holder of a document authorizing day-to-day substitute teaching according to the provisions of Title 5 Sections 80025 and 80025.3 is authorized to serve as a substitute in a special education classroom; preschool, kindergarten and grades 1-12, inclusive; or in classes organized primarily for adults. However, the holder shall not serve as a special education substitute for more than 20 days for any one teacher during the school year.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Section 44225(e), Education Code.
HISTORY
1. New section filed 12-16-99; operative 1-15-2000 (Register 99, No. 51).
§80025.5. Emergency Designated Subjects Vocational Education Permit for 30-Day Substitute Teaching Service.
Note • History
(a) Requirements for issuance and reissuance of the Designated Subjects Vocational Education Permit for 30-Day Substitute Teaching Service include all of the following:
(1) High School Diploma or equivalent as defined in Section 80034(h);
(2) Verification, by employers, of five years of work experience directly related to a subject listed in Section 80035.5. Forty-eight semester units or the quarter unit equivalent of postsecondary vocational training, related to that vocational education subject and verified by official transcript, may be substituted for a maximum of two of the five years of work experience. This substitution may be made on a pro rata basis up to the two year maximum. Teaching shall not be considered as acceptable work experience.
(3) Submission of a completed Application for Credential Authorizing Public School Service (REV. 11/94); verification of completion of requirements specified in Subsections (a)(1), and (a)(2), above; verification of completion of livescan, unless clearance is already on file with the Commission; and payment of a fee as specified in Section 80487.
(b) Authorization. The Emergency Designated Subjects Vocational Education Permit for 30-Day Substitute Teaching Service authorizes the holder to serve as a substitute in any classroom in any county in which the permit is registered provided the employing agency has a completed Statement of Need. Such substitute teaching shall be part of a program of technical, trade or vocational education. However, the holder shall not serve as a substitute for more than 30 days for any one teacher during the school year.
(c) The Statement of Need for 30-day Substitute Teachers must:
(1) describe the situation or circumstances that necessitate the use of an emergency permit holder, and
(2) state that either a credentialed person is not available, or that one or more credentialed persons are available, but do not meet the specified employment criteria established by the employing agency, and
(3) be prepared and signed by, as applicable, the superintendent of the employing school district, the superintendent of the employing county if the service will be rendered in county operated schools, or the head of the state agency under which the employing school operates.
(d) An Emergency Designated Subjects Vocational Education Permit for 30-Day Substitute Teaching is valid for no less than one year and expires one calendar year from the first day of the month immediately following the date of issuance.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44300(g), Education Code.
HISTORY
1. New section filed 4-10-95; operative 5-10-95 (Register 95, No. 15).
2. Change without regulatory effect amending subsection (a)(3) filed 5-11-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 20).
§80026. Declaration of Need for Fully Qualified Educators.
Note • History
Submission of a Declaration of Need for Fully Qualified Educators by the employing agency shall be a prerequisite to the issuance of any emergency permit and/or limited assignment permit for that agency. Charter schools as defined in Education Code Section 47600 shall be exempt from submitting a Declaration of Need for Fully Qualified Educators. The Declaration of Need for Fully Qualified Educators by an employing agency shall be valid for no more than twelve months, and shall expire on the June 30 following its submission to the Commission. The Declaration of Need for Fully Qualified Educators shall be submitted to the Commission on a form to be provided by the Commission, and shall include all of the following information:
(a) Estimated Need: This shall include the title(s) and number of each type of emergency permit and limited assignment permit which the employing agency estimates, based on previous year actual needs and projections of enrollment, it will need during the year covered by the Declaration. In addition, it shall include each subject to be listed on Emergency Single Subject and Limited Assignment Single Subject Teaching Permits and the target language on Emergency Multiple Subject or Single Subject Teaching Permits with a Bilingual, Crosscultural, Language and Academic Development (BCLAD) Emphasis or on Emergency BCLAD Permits. The Declaration of Need for Fully Qualified Educators shall be revised, when the number of emergency permits and limited assignment permits needed exceeds the estimate by ten percent, by the governing board or superintendent/administrator of the employing agency, as specified in subsection (e) below.
(b) Efforts to Recruit Certified Personnel. This shall include a brief description of efforts that the employing agency has undertaken to locate and recruit individuals who hold the needed credentials, such as dated copies of written announcements of its vacancy or vacancies which were mailed to college or university placement centers.
(c) Efforts to Establish Alternative Training Options. The Declaration shall:
(1) identify the names of institutions of higher education co-sponsoring internships or other certification programs with the employing agency or, if no such programs exist, briefly explain why;
(2) if the employing agency participates in internship programs, estimate the number which the employing agency reasonably expects to employ during the year covered by the Declaration.
(d) Stipulation of Insufficiency of Suitable Applicants. The employing agency shall certify that there is an insufficient number of certificated persons who meet the employing agency's specified employment criteria to fill necessary positions.
(e) Adoption of the Declaration. The Declaration of Need for Fully Qualified Educators shall be adopted by the governing board of a school district, or by the superintendent of a county office of education or by the administrator of a state school or nonpublic, nonsectarian school or agency.
(1) A Declaration of Need for Fully Qualified Educators by a school district shall be adopted by the governing board in a regularly-scheduled, public meeting of the board. The entire Declaration of Need for Fully Qualified Educators shall be included in the board agenda, and shall not be adopted by the board as part of a consent calendar.
(2) A superintendent of a county office or the administrator of a state school or nonpublic, nonsectarian school or agency shall publicly announce his or her intent to adopt a Declaration of Need for Fully Qualified Educators at least 72 hours prior to adopting the Statement. The adopted Statement shall be signed by the superintendent or administrator.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225(d), 44225(g) and 44300, Education Code.
HISTORY
1. Repealer and new section filed 4-20-94; operative 5-20-94 (Register 94, No. 16). For prior history, see Register 81, No. 15.
2. Amendment of subsections (a), (c), (e) and (e)(2) filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
3. Amendment of first paragraph and subsection (c)(1), new subsection (c)(2) and subsection renumbering filed 11-12-99; operative 11-12-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 46).
4. Amendment of first paragraph and subsection (a) filed 6-15-2001 as an emergency; operative 6-15-2001 (Register 2001, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-15-2001 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-15-2001 order transmitted to OAL 10-9-2001 and filed 11-19-2001 (Register 2001, No. 47).
6. Change without regulatory effect amending first paragraph and subsection (c)(2) and repealing subsection (c)(3) filed 5-11-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 20).
§80026.1. Information to Applicants.
Note • History
The local education agency shall inform each applicant for an emergency permit specified in Section 80023 of all of the following:
(a) that the employing agency will provide the orientation, guidance and assistance required by Section 80026.5.
(b) the name, or if providing the name is not feasible, the position, of the individual responsible for providing the guidance and assistance required by Section 80026.5:
(c) that, in order to reissue an emergency permit, the applicant must complete a minimum of six semester units, or nine quarter units, of approved course work for the related credential, unless exceptions for reissuance are listed under the specific requirement for the type of emergency permit for which application is being made.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225(d), 44225(g) and 44300, Education Code.
HISTORY
1. New section filed 4-20-94; operative 5-20-94 (Register 94, No. 16).
2. Amendment of subsection (c) filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
3. Amendment of subsection (c) filed 11-12-99; operative 11-12-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 46).
4. Change without regulatory effect amending subsection (c) filed 5-11-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 20).
§80026.4. Plan to Develop Fully Qualified Educators. [Repealed]
Note • History
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225, subdivisions (d) and (g) and 44300, Education Code.
HISTORY
1. New section filed 4-20-94; operative 5-20-94 (Register 94, No. 16).
2. Amendment of subsections (b)-(c) filed 11-12-99; operative 11-12-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 46).
3. New subsection (d) filed 5-21-2002; operative 6-20-2002 (Register 2002, No. 21).
4. Change without regulatory effect repealing section filed 5-11-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 20).
§80026.5. Orientation, Guidance and Assistance.
Note • History
(a) Orientation, Guidance and Assistance to Holders of the Emergency Teaching Permit. The employing agency shall provide an orientation to teaching for the holders of the emergency teaching permits specified in Section 80023. Each recipient of an emergency teaching permit that is issued after January 31, 1994 shall attend an orientation when he or she obtains an emergency teaching permit for the first time. The employing agency may vary the nature, content and duration of the orientation to match the amount of training and experience previously completed by emergency permit teachers.
(1) The orientation to teaching shall include, but not be limited to, an overview of all of the following topics:
(A) the curriculum that the emergency permit teacher is expected to teach;
(B) effective techniques of classroom instruction at the emergency permit teacher's assigned level: preschool, elementary, middle, secondary, or adult education; and
(C) effective techniques of classroom management at the emergency permit teacher's assigned level: elementary or secondary.
(2) To the extent reasonably feasible, the orientation to teaching shall occur before the emergency permit teacher begins his or her teaching assignment.
(b) Commencing July 1, 1994, the employing agency shall assign an experienced educator to guide and assist each holder of an emergency teaching permit specified in Section 80023. The experienced educator shall:
(1) be a certificated employee of the employing agency, or a certificated retiree of a California school district or county office of education; and
(2) have completed at least three years of full-time classroom teaching experience.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225, subdivisions (d) and (g), and 44300, Education Code.
HISTORY
1. New section filed 4-20-94; operative 5-20-94 (Register 94, No. 16).
§80026.6. Requirements for the Reissuance of Emergency Permits.
Note • History
(a) The reissuance requirements for an emergency permit identified in Section 80023 shall include all of the following:
(1) A completed Application for Credential Authorizing Public School Service (form 41-4, rev 4-94),
(2) Payment of the fee(s) required by Section 80487.
(3) Prior submission of a Declaration of Need for Fully Qualified Educators that satisfies the provisions of Section 80026.
(4) Verification that orientation, guidance and assistance have been provided as required in Section 80026.5.
(5) For the first reissuance only, an evaluation by a Commission-accredited professional preparation institution identifying requirements the emergency permit holder must complete to be eligible for the related credential.
(6) Completion of at least six semester units (or the equivalent quarter units) of approved coursework in a Commission-accredited professional preparation program required for issuance of the related credential, unless exceptions for reissuance are listed under the specific requirements for the type of emergency permit for which application is being made.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225(d), 44225(g) and 44300, Education Code.
HISTORY
1. New section filed 4-20-94; operative 5-20-94 (Register 94, No. 16).
2. Amendment of subsection (a)(5) filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
3. Amendment of section heading and section filed 11-12-99; operative 11-12-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 46).
4. Amendment of subsection (a)(6)(B) filed 5-21-2002; operative 6-20-2002 (Register 2002, No. 21).
5. Change without regulatory effect amending subsection (a)(6) and repealing subsections (a)(6)(A)-(B) filed 5-11-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 20).
§80027. General Education Limited Assignment Multiple or Single Subject Teaching Permit.
Note • History
(a) Requirements for the initial issuance of General Education Limited Assignment Multiple or Single Subject Teaching Permits include all of the following:
(1) If an employing agency elects to request a General Education Limited Assignment Teaching Permit, the employing agency must submit a Declaration of Need for Fully Qualified Educators that satisfies the provisions of Section 80026.
(2) Applicant is currently employed by the local governing board requesting such assignment.
(3) Applicant holds a valid California general education teaching credential based on a baccalaureate degree and a professional teacher preparation program, including student teaching or the equivalent.
(4) If an employing agency elects to assign an applicant who has not obtained permanent status as defined in Education Code 44929.21 or 44929.22 or 44929.23, the employing agency shall assign an experienced educator in the subject area of the General Education Limited Assignment Multiple or Single Subject Teaching Permit who has completed 3 years of full-time general education elementary or secondary classroom teaching experience in the subject area(s) requested. If more than one subject area is requested, the experienced educator(s) must have a minimum of three years of teaching experience in each area requested. The local employing agency may assign more than one experienced educator to the permit holder to meet this requirement.
(5) The General Education Limited Assignment Single Subject Teaching Permit may be issued in the subject areas listed in Education Code Section 44257 and the General Education Limited Assignment Multiple Subject Teaching Permit may be issued in the subject area of General Subjects.
(6) If an employing agency elects to request a General Education Limited Assignment Teaching Permit, the employing agency must keep on file a written statement verifying consent of the teacher to serve on the General Education Limited Assignment Multiple or Single Subject Teaching Permit.
(7) For initial issuance of a General Education Limited Assignment Multiple or Single Subject Permit, the employing agency may assist the applicant in submitting the following to the Commission:
(A) A completed Application for Credential Authorizing Public School Service (form 41-4, rev. 9/08) available on the Commission's website and hereby incorporated by reference, together with its related Instruction and Information Sheet (rev. 9/08) and Form 41-ECC (Explanation of Criminal Conviction or Pending Criminal Charge) (rev. 7/08), and
(B) The fee as specified in Section 80487(a)(1).
(b) Requirements for the renewal of General Education Limited Assignment Multiple or Single Subject Teaching Permit if an employing agency elects to request the renewal of the permit.
(1) Applicant is currently employed by the local governing board requesting such assignment.
(2) Applicant holds a valid California general education teaching credential based on a baccalaureate degree and a professional teacher preparation program, including student teaching or the equivalent.
(3) For the renewal of a General Education Limited Assignment Multiple or Single Subject Teaching Permit, the employing agency may assist the applicant in submitting the following to the Commission:
(A) A completed Application for Credential Authorizing Public School Service (form 41-4, rev. 9/08) available on the Commission's website and hereby incorporated by reference, together with its related Instruction and Information Sheet (rev. 9/08) and Form 41-ECC (Explanation of Criminal Conviction or Pending Criminal Charge) (rev. 7/08).
(B) The fee as specified in Section 80487(a)(1).
(C) Verification of the completion of one of the following:
1. At least six semester units, or the equivalent quarter units, of course work required for issuance of the related credential or
2. Take all sections of the examination appropriate to the type of permit requested, multiple or single subject, as provided in Education Code sections 44280, 44281 and 44282 and pass two sections. If one or more sections have been previously passed, the individual must pass the one or two sections of the examination, as appropriate.
(4) If an employing agency elects to request a General Education Limited Assignment Teaching Permit, the employing agency must submit a Declaration of Need for Fully Qualified Educators that satisfies the provisions of Section 80026.
(5) An individual may renew a General Education Limited Assignment Multiple or Single Subject Teaching Permit in any one specific subject only twice during his or her lifetime.
(6) If an employing agency elects to request a General Education Limited Assignment Teaching Permit, the employing agency must keep on file a written statement verifying consent of the teacher to serve on the General Education Limited Assignment Multiple or Single Subject Teaching Permit.
(c) Authorization:
(1) A General Education Limited Assignment Multiple Subject Teaching Permit authorizes the same service as a Multiple Subject Teaching Credential in the authorized field listed on the permit.
(2) A General Education Limited Assignment Single Subject Teaching Permit authorizes the same service as a Single Subject Teaching Credential in the authorized field(s) listed on the permit.
(d) The General Education Limited Assignment Multiple or Single Subject Teaching Permit is valid for one calendar year from the first day of the month immediately following the date of issuance but is limited to the expiration date of the prerequisite teaching credential held.
(1) A permit issued for less than one calendar year may be extended for the remainder of the calendar year as long as the prerequisite teaching credential has been renewed. An application and fee as found in (b)(3)(A) and (B) must be submitted. Verification of requirements as found in (b)(3)(C) are not required to extend the permit for the remainder of the calendar year.
NOTE
Authority cited: Sections 44225(d), 44225(g), 44225(q) and 44300, Education Code. Reference: Sections 44280, 44281, 44282 and 44300, Education Code.
HISTORY
1. Amendment filed 4-6-81; effective thirtieth day thereafter (Register 81, No. 15).
2. Amendment filed 7-29-83; effective thirtieth day thereafter (Register 83, No. 31).
3. Amendment of section heading, text and Note filed 4-20-94; operative 5-20-94 (Register 94, No. 16).
4. Amendment of subsections (a)(1), (a)(3), (a)(4) and (b)(3)(A), new subsections (b)(3)(D) and (b)(5), and amendment of subsection (d) and Note filed 7-6-98; operative 7-6-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 28).
5. Amendment of section heading and section filed 6-15-2001 as an emergency; operative 6-15-2001 (Register 2001, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-15-2001 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-15-2001 order transmitted to OAL 10-9-2001 and filed 11-19-2001 (Register 2001, No. 47).
7. Amendment of section heading, section and Note filed 7-3-2009; operative 7-3-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 27).
§80027.1. Special Education Limited Assignment Teaching Permit.
Note • History
(a) Requirements for the initial issuance of a Special Education Limited Assignment Teaching Permit include all of the following if an employing agency elects to request the permit:
(1) If an employing agency elects to request a Special Education Limited Assignment Teaching Permit, the employing agency must submit a Declaration of Need for Fully Qualified Educators that satisfies the provisions of Section 80026.
(2) Applicant is currently employed by the local governing board requesting such assignment.
(3) Applicant holds a valid California special education teaching credential based on a baccalaureate degree and a professional preparation program, including student teaching or the equivalent or a services credential with a special class authorization listed in sections 80047 through 80047.9.
(4) If an employing agency elects to assign an applicant who has not obtained permanent status as defined in Education Code 44929.21 or 44929.22 or 44929.23 the employing agency shall assign an experienced educator in the subject area of the Special Education Limited Assignment Teaching Permit who has completed three years of full-time special education teaching experience in the special education specialty area(s) requested. If more than one specialty area is requested for the permit, the experienced educator(s) must have a minimum of three years of teaching experience in each area requested. The local employing agency may assign more than one experienced educator to the permit holder to meet this requirement.
(5) The Special Education Limited Assignment Teaching Permit may be issued in the special education specialty area aligned with the preliminary and clear Education Specialist Instruction Credentials.
(6) If an employing agency elects to request a Special Education Limited Assignment Teaching Permit, the employing agency must keep on file a written statement verifying consent of the teacher to serve on the Special Education Limited Assignment Teaching Permit.
(7) For initial issuance of a Special Education Limited Assignment Teaching Permit, the employing agency may assist the applicant in submitting the following to the Commission:
(A) A completed Application for Credential Authorizing Public School Service (form 41-4, rev. 9/08) available on the Commission's website and hereby incorporated by reference, together with its related Instruction and Information Sheet (rev. 9/08) and Form 41-ECC (Explanation of Criminal Conviction or Pending Criminal Charge) (rev. 7/08).
(B) The fee as specified in Section 80487(a)(1).
(C) One of the following:
1. Three semester, or the equivalent quarter, units of course work in each special education specialty area requested, or
2. One year of successful full-time classroom experience, or the equivalent in part-time experience, working with special education students in each of the special education specialty area requested and has received a favorable evaluation or recommendation by the local employing agency.
(b) Requirements for the renewal of a Special Education Limited Assignment Teaching Permit if an employing agency elects to request the permit.
(1) Applicant is currently employed by the local governing board requesting such assignment.
(2) Applicant holds a valid California special education teaching credential based on a baccalaureate degree and a professional preparation program, including student teaching or the equivalent or a services credentials with a special class authorization listed in sections 80047 through 80047.9.
(3) For renewal of a Special Education Limited Assignment Teaching Permit, the employing agency may assist the applicant in submitting the following to the Commission:
(A) A completed Application for Credential Authorizing Public School Service (form 41-4, rev. 9/08) available on the Commission's website and hereby incorporated by reference, together with its related Instruction and Information Sheet (rev. 9/08) and Form 41-ECC (Explanation of Criminal Conviction or Pending Criminal Charge) (rev. 7/08).
(B) The fee as specified in Section 80487(a)(1).
(C) Verification of the completion of at least six semester units, or the equivalent quarter units, of course work required for issuance of the related credential.
(4) If an employing agency elects to request a Special Education Limited Assignment Teaching Permit, the employing agency must submit a Declaration of Need for Fully Qualified Educators that satisfies the provisions of Section 80026.
(5) An individual may renew a Special Education Limited Assignment Teaching Permit in any one special education specialty area only twice during his or her lifetime.
(6) If an employing agency elects to request a Special Education Limited Assignment Teaching Permit, the employing agency must keep on file a written statement verifying consent of the teacher to serve on the Special Education Limited Assignment Teaching Permit.
(c) Authorization:
(1) A Special Education Limited Assignment Teaching Permit authorizes the same service as an Education Specialist Teaching Instruction Credential.
(d) The Special Education Limited Assignment Teaching Permit shall be valid for one calendar year and expires one calendar year from the first day of the month immediately following the date of issuance but is limited to the expiration date of the prerequisite credential held.
(1) A permit issued for less than one calendar year may be extended for the remainder of the calendar year as long as the prerequisite credential has been renewed. An application and fee as found in (b)(3)(A) and (B) must be submitted. Verification of requirements as found in (b)(3)(C) are not required to extend the permit for the remainder of the calendar year.
NOTE
Authority cited: Sections 44225(d), 44225(g), 44225(l), 44225(q) and 44300, Education Code. Reference: Sections 44225(b), 44225(e) and 44300, Education Code.
HISTORY
1. New section filed 7-3-2009; operative 7-3-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 27).
§80028. Certificate of Clearance.
Note • History
A Certificate of Clearance is a document, issued by the Commission, which verifies that the holder meets personal qualifications necessary to obtain a regular California teaching or services credential. Each candidate for an initial credential shall, prior to admission to student teaching under any professional preparation program approved by the Commission, obtain a Certificate of Clearance. No less than 60 working days prior to admission to student teaching, the candidate shall submit the following materials to the Commission:
(a) A completed application via the online application system.
(b) One-half of the credential issuance/reissuance or renewal fee specified in Section 80487(a)(1) unless otherwise established by law. The fee shall apply toward the initial credential.
(c) Verification of completion of livescan.
The Certificate of Clearance shall be issued for a period of five years when the Commission has verified that the candidate meets personal qualifications necessary to obtain a regular California teaching or services credential.
NOTE
Authority cited: Section 44225(b), Education Code. Reference: Sections 44320(d) and 44350, Education Code.
HISTORY
1. Repealer and new section filed 4-16-81; effective thirtieth day thereafter (Register 81, No. 16).
2. Amendment of subsection (a) (1) filed 4-8-88; operative 5-8-88 (Register 88, No. 17).
3. Amendment filed 2-28-2007; operative 3-30-2007 (Register 2007, No. 9).
4. Amendment of Note filed 4-25-2012; operative 5-25-2012 (Register 2012, No. 17).
§80029. Emergency Bilingual/Crosscultural Teaching Credential. [Renumbered]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44254, Education Code.
HISTORY
1. Renumbering and amendment of Section 80029 to Section 80024.2 filed 4-6-81; effective thirtieth day thereafter (Register 81, No. 15).
§80030. Emergency Specialist Credentials in Learning Handicapped, Severely Handicapped, and Physically Handicapped. [Renumbered]
Note • History
NOTE
Authority cited: Sections 44225 and 44252, Education Code; Reference: Sections 44254, 44265 and 44274, Education Code.
HISTORY
1. Renumbering and amendment of Section 80030 to Section 80024.3 filed 4-6-81; effective thirtieth day thereafter (Register 81, No. 15).
§80031. Emergency Services Credential in Health (School Nurse). [Renumbered]
Note • History
NOTE
Authority cited: Sections 44225 and 44252, Education Code; Reference: Section 44254, 44265 and 44274, Education Code.
HISTORY
1. Renumbering and amendment of Section 80031 to 80024.5 filed 4-6-81; effective thirtieth day thereafter (Register 81, No. 15)
§80032. Terms of Issuance and Renewal of Teaching and Services Credentials. [Renumbered]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44260, Education Code.
HISTORY
1. Renumbering from Section 80032 to Section 80493 and amendment filed 1-11-79; effective thirtieth day thereafter (Register 79, No. 2).
§80032.1. Health Education Unit Requirement. [Renumbered]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44261, Education Code.
HISTORY
1. Renumbering from Section 80032.1 to Section 80421 and amendment filed 1-11-79; effective thirtieth day thereafter (Register 79, No. 2).
§80032.2. Special Education Training for Teachers and Administrators. [Repealed]
Note • History
NOTE
Authority cited: Section 44225(b), Education Code. Reference: Sections 44225 and 44259, Education Code.
HISTORY
1. New section filed 11-6-78; effective thirtieth day thereafter (Register 78, No. 45).
2. Repealer filed 6-1-2004; operative 7-1-2004 (Register 2004, No. 23).
§80033. Life Credentials. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44255, Education Code.
HISTORY
1. Repealer and new section filed 9-27-79; effective thirtieth day thereafter (Register 79, No. 39.)
2. Amendment filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
3. Repealer filed 5-10-94; operative 6-9-94 (Register 94, No. 19).
§80033.2. Special Temporary Certificates. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44225(b), 44225(d), 44225(e), 44225(g), 44225(l) and 44252, Education Code; and Californians for Justice Education Fund v. California Commission on Teacher Credentialing, San Francisco Superior Court Case No. CPF-05-505517.
HISTORY
1. New section filed 12-12-2005 as an emergency; operative 12-12-2005 (Register 2005, No. 50). A Certificate of Compliance must be transmitted to OAL by 4-11-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2006, No. 45).
§80034. Designated Subjects Adult Education Teaching Credentials and Programs: Definition and Terms.
Note • History
(a) The term “Academic Subjects,” as it applies to designated subjects adult education teaching credentials, means those studies that are liberal, classical and/or related to high school graduation requirements, rather than technical or vocational, including, but not limited to the subjects contained within the following categories:
(1) Elementary and Secondary Basic Skills;
(2) English;
(3) English as a Second Language;
(4) Fine Arts;
(5) A Language Other than English (specify);
(6) Mathematics;
(7) Science; and
(8) Social Sciences.
(b) The term “general (nonacademic) subjects,” as it applies to designated subjects adult education teaching credentials, means those subjects that are technical or vocational, rather than liberal or classical, including, but not limited to the subjects contained within the following categories:
(1) Adults with Disabilities;
(2) Career Technical Education;
(3) Health and Safety;
(4) Home Economics;
(5) Older Adults;
(6) Parent Education;
(7) Personal Development; and
(8) Vocational Education.
(c) “Commission-approved program of personalized preparation” means any of the following categories of agencies which are authorized to develop, submit and implement a program for designated subjects adult education teaching credentials:
(1) A California public school district or consortium of school districts;
(2) A California county superintendent of schools office;
(3) A California regional occupation program or center;
(4) A California State Agency;
(5) A Commission-approved teacher preparation institution;
(6) A Charter School as established in Education Code Section 47605.
(d) “Employing School District” (ESD) means a California school district, county superintendent of schools office, or other public education agency, or private school of equivalent status that elects to employ holders of designated subjects credentials to teach adult classes.
(e) “Two years of successful teaching” means teaching a minimum of one course in each of four terms within the period of validity of the preliminary designated subjects adult education teaching credential.
(f) “Equivalent to the high school diploma” means:
(1) a diploma based on passage of the General Education Development Test; or
(2) the foreign equivalent to the high school diploma which is a diploma, certificate, or the title awarded to mark the completion of a program normally requiring twelve years of schooling, or required for admission to an institution of higher education.
(g) “Verification of experience” means confirmation of the applicant's qualifying experience, in writing, signed by the applicant's past or present employer(s) on company letterhead that attests to and or includes all of the following:
(1) employer's name, address and telephone number;
(2) the working relationship of the person signing the verification to the applicant;
(3) beginning and ending dates of employment;
(4) complete description of duties;
(5) a statement as to whether or not the employment was full-time; if employment was less than full-time, an accounting of the number of hours the applicant was employed;
(6) If the applicant was self-employed or if the applicant's experience was avocational, verification shall include a statement, signed by the applicant under penalty of perjury, detailing the information described in (n)(1) through (n)(5), above, and must be further substantiated, in writing, by other person(s) having first-hand knowledge of the applicant's self-employment or avocation, such as the applicant's accountant, major supplier of goods, or major user of goods or services.
(h) “Experience” means full-time or part-time experience directly related to the subject to be named on the credential. Experience may be paid or not paid. No more than one year of experience shall apply toward meeting designated subjects credential requirements during any twelve calendar month period. 1000 clock hours shall be the minimum required for each year of experience. Part-time experience may be cumulated to equate to the required 1000 clock hours of experience.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44260.2, 44260.3 and 44260.5, Education Code.
HISTORY
1. Repealer and new section filed 2-23-84; effective thirtieth day thereafter (Register 84, No. 8).
2. Amendment of subsections (d) and (h)(2) and new subsections (i)-(m) filed 3-10-89; operative 4-9-89 (Register 89, No. 11).
3. Amendment of section and Note filed 4-10-95; operative 5-10-95 (Register 95, No. 15).
4. Amendment of section heading, section and Note filed 5-2-2011; operative 6-1-2011 (Register 2011, No. 18).
§80034.1. Designated Subjects Career Technical Education Credentials and Business and Industry Partnership Teacher: Definitions and Terms.
Note • History
(a) “Commission-approved program of personalized preparation” means any of the following categories of agencies which are authorized to develop, submit and implement a program for designated subjects credentials:
(1) A California public school district or consortium of school districts;
(2) A California county superintendent of schools office;
(3) A California regional occupation program or center;
(4) A California State Agency;
(5) A Commission-approved teacher preparation institution;
(6) A Charter School as established in Education Code Section 47605.
(b) “Equivalent to the high school diploma” means:
(1) a diploma based on passage of the General Education Development Test; or
(2) the foreign equivalent to the high school diploma which is a diploma, certificate, or the title awarded to mark the completion of a program normally requiring twelve years of schooling, or required for admission to an institution of higher education.
(c) “Two years of successful teaching” means teaching for a minimum of one course in each of four terms.
(1) Teaching experience earned based on possession of a Business and Industry Partnership Teacher authorization issued pursuant to §80034.3 shall be acceptable toward the two years of successful teaching requirement.
(d) “Work experience” means full-time or part-time experience directly related to the industry sector(s) to be named on the credential. Work experience may be paid or not paid. No more than one year of work experience shall apply toward meeting designated subjects credential requirements during any twelve calendar month period. 1000 clock hours shall be the minimum required for each year of work experience. Part-time work experience may be cumulated to equate to the required 1000 clock hours of work experience.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44225(q), 44256(d), 44260 and 44260.1, Education Code.
HISTORY
1. New section filed 1-21-2010; operative 2-20-2010 (Register 2010, No. 4).
§80034.2. Specific Requirements for and Authorization of the Designated Subjects Three-Year Preliminary and Clear Career Technical Education Teaching Credentials.
Note • History
This section pertains to individuals pursuing a credential pursuant to Senate Bill 1104 (Chap. 576, Stats. 2008).
(a) The minimum requirements for the issuance of an initial three-year preliminary career technical education teaching credential shall include all of the following:
(1) Verification by employers of three years of work experience directly related to each industry sector(s) to be named on the credential and listed in Section 80035.5. One year of the required work experience shall be within the last five years, or two years within the last ten years, immediately preceding the issuance of the three-year preliminary credential. One or more of the following may be used for up to a maximum of two of the three years of work experience:
(A) Possession of an advanced industry certificate related to the industry sector to be named on the preliminary credential as determined by a Commission-approved LEA may be used as one year of work experience;
(B) One year of full-time teaching experience providing instructional services in preschool or grades K-12 earned in a public or private school of equivalent status while holding a general education teaching credential based on completion of a teacher preparation program and student teaching may be used as one year of work experience;
(C) Forty-eight semester units or the quarter unit equivalent of postsecondary vocational training, related to the industry sector(s) to be named on the preliminary credential and verified by official transcript, may be used for a maximum of two of the three years of work experience.
(2) Verification of a high school diploma or the equivalent;
(3) Verification that the applicant has been apprised of the requirements for the clear credential, including requirements of the program of personalized preparation;
(4) Submission of a completed Application for Credential Authorizing Public School Service (form 41-4, rev. 9/08) available on the Commission's website and hereby incorporated by reference, together with its related Instruction and Information Sheet (rev. 9/08) and Form 41-ECC (Explanation of Criminal Conviction or Pending Criminal Charge) (rev. 7/08); the fee as specified in Section 80487(a)(1); and verification of completion of livescan, unless clearance is already on file with the Commission.
(5) Recommendation from a Commission-approved program of personalized preparation on a form approved by the Commission.
(b) The minimum requirements for the clear career technical education teaching credential shall include all of the following:
(1) A valid preliminary career technical education teaching credential;
(2) Completion of a Commission-approved program of personalized preparation;
(3) Completion of one of the following:
(A) two years of successful teaching on the basis of the preliminary career technical education teaching credential in the industry sector(s) listed; or
(B) completion of a Commission-approved program of advanced personalized preparation.
(4) Verification of knowledge of the Constitution of the United States, as specified in Education Code Section 44335, by one of the means described in Section 80415;
(5) The study of health education as specified in Education Code Section 44259(c)(4)(A);
(6) The study of computer-based technology, including the uses of technology in educational settings.
(7) Submission of a completed Application for Credential Authorizing Public School Service (form 41-4, rev. 9/08) available on the Commission's website and hereby incorporated by reference, together with its related Instruction and Information Sheet (rev. 9/08) and Form 41-ECC (Explanation of Criminal Conviction or Pending Criminal Charge) (rev. 7/08) and the fee as specified in Section 80487(a)(1).
(8) Recommendation from a Commission-approved program of personalized preparation on a form approved by the Commission.
(c) Authorization. The authorization of the three-year preliminary and clear career technical education teaching credentials shall be as follows:
(1) A preliminary career technical education teaching credential authorizes the holder to teach in the industry sector(s) named on the credential as specified in Section 80035.5 in grades 12 and below, and in classes organized primarily for adults, in career technical, trade or vocational courses which shall be part of a program of career technical, trade or vocational education.
(2) A clear career technical education teaching credential authorizes the holder to teach in the industry sector(s) named on the credential as specified in Section 80035.5 in grades 12 and below, and in classes organized primarily for adults, including services to English learners in specially designed content instruction delivered in English, in career technical, trade or vocational courses which shall be part of a program of career technical, trade or vocational education.
(d) Period of Validity. The period of validity of the preliminary and clear career technical education teaching credentials shall be as follows:
(1) A preliminary career technical education teaching credential issued on the basis of the applicant's satisfaction of all requirements in subsection (a) shall be valid for three years;
(2) A clear career technical education teaching credential issued on the basis of the applicant's satisfaction of all requirements specified in subsection (b) shall be valid for five years.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44225(e), 44252, 44256(d), 44259(c)(4)(A), 44260, 44260.1, 44260.9, 44335, 44339, 44340 and 44341, Education Code.
HISTORY
1. New section filed 1-21-2010; operative 2-20-2010 (Register 2010, No. 4).
§80034.3. Specific Requirements for and Authorization of the Designated Subjects Business and Industry Partnership Teacher.
Note • History
(a) The minimum requirements for the issuance of a business and industry partnership teacher authorization shall include all of the following:
(1) Verification by employers of three years of work experience directly related to each industry sector(s) to be named on the credential and listed in Section 80035.5. One year of the required work experience shall be within the last five years, or two years within the last ten years, immediately preceding the issuance of the business and industry partnership teacher. One or more of the following may be used for up to a maximum of two of the three years of work experience:
(A) Possession of an advanced industry certificate related to the industry sector to be named on the document;
(B) One year of full-time teaching experience providing instructional services in preschool or grades K-12 earned in a public or private school of equivalent status while holding a general education teaching credential based on completion of a teacher preparation program and student teaching;
(C) Forty-eight semester units or the quarter unit equivalent of postsecondary vocational training, related to the industry sector(s) to be named on the document and verified by official transcript, may be substitute for a maximum of two of the three years of work experience.
(2) Verification of a high school diploma or the equivalent;
(3) Verification that the applicant has been apprised of the early teaching orientation requirement, which is a requirement of the Commission-approved program of personalized preparation referenced in §80034.2(b)(2);
(4) Submission of a completed Application for Credential Authorizing Public School Service (form 41-4, rev. 9/08) available on the Commission's website and hereby incorporated by reference, together with its related Instruction and Information Sheet (rev. 9/08) and Form 41-ECC (Explanation of Criminal Conviction or Pending Criminal Charge) (rev. 7/08); the fee as specified in Section 80487(a)(1); and verification of completion of livescan, unless clearance is already on file with the Commission;
(5) Recommendation from a Commission-approved program of personalized preparation on a form approved by the Commission.
(b) Completion of any requirements of the program of personalized preparation referenced in §80034.2(b)(2) while in possession of a business and industry teacher authorization shall be applicable toward the clear career technical education teaching credential for an individual who subsequently obtains a preliminary career technical education teaching credential pursuant to §80034.2(a).
(c) Authorization. The business and industry partnership teacher authorizes the holder to teach in the industry sector(s) named on the credential as specified in Section 80035.5 in grades 12 and below, and in classes organized primarily for adults, in career technical, trade or vocational courses which shall be part of a program of career technical, trade or vocational education.
(d) Period of Validity. A business and industry partnership teacher shall be issued for no more than one year, provided that it shall expire at the end of the employing agency's school year and shall not be issued more than once to an individual. The end of the school year shall be no later than July 1 unless the business and industry partnership teacher authorization is being used for a summer school assignment whereby the end of the school year shall be no later than September 1.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44225(e), 44252, 44256(d), 44339, 44340 and 44341, Education Code.
HISTORY
1. New section filed 1-21-2010; operative 2-20-2010 (Register 2010, No. 4).
§80034.5. Holder of Designated Subjects Full-Time Vocational Education, Full-Time Career Technical Education, or Career Technical Education Teaching Credential or Designated Subjects Full-Time Adult Education Teaching Credential Serving as a Substitute.
Note • History
(a) The holder of a valid designated subjects full-time vocational education, full-time career technical education, or career technical education teaching credential may, with his or her consent, serve as a substitute in grades 12 and below, and in classes organized primarily for adults, in technical, trade or vocational courses, including, but not limited to, agricultural occupations, technical occupations, or trade occupations which shall be part of a vocational education program. However, the holder shall not serve as a substitute for more than 30 days for any one teacher during the school year.
(b) The holder of a valid designated subjects full-time adult education teaching credential may, with his or her consent, serve as a substitute in courses organized primarily for adults. However, the holder shall not serve as a substitute for more than 30 days for any one teacher during the school year.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44256(d) and 44349, Education Code.
HISTORY
1. New section filed 3-10-89; operative 4-9-89 (Register 89, No. 11).
2. Change without regulatory effect amending section heading and subsection (a) filed 5-11-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 20).
§80035. Specific Requirements for and Authorization(s) of the Designated Subjects Preliminary and Clear Full-Time Career Technical Education Teaching Credentials and the Clear Full-Time Vocational Education Teaching Credentials.
Note • History
This section pertains to individuals pursuing a full-time credential pursuant to Senate Bill 52 (Chap. 520, Stats. 2007).
(a) The minimum requirements for the issuance of an initial preliminary full-time career technical education teaching credential shall include all of the following:
(1) Verification, by employers, of five years of work experience directly related to each industry sector(s) to be named on the credential and listed in Section 80035.5. Forty-eight semester units or the quarter unit equivalent of postsecondary vocational training, related to the industry sector(s) to be named on the credential and verified by official transcript, may be substituted for a maximum of two of the five years of work experience. This substitution may be made on a pro rata basis up to the two year maximum. One year of the required work experience shall be within the three years immediately preceding the issuance of the preliminary credential. Except as provided below, teaching shall not be considered as acceptable work experience. For purposes of meeting the requirement of one year of work experience within the three years immediately preceding the issuance of the preliminary credential, any of the following or a combination of the following may be cumulated to total 1000 clock hours:
(A) work experience,
(B) vocational teaching experience,
(C) college level related coursework,
(D) non-college related coursework, or
(E) an occupational internship,
(2) Verification of a high school diploma or the equivalent;
(3) Verification of knowledge of the Constitution of the United States, as specified in Education Code Section 44335, by one of the means described in Section 80415;
(4) Verification that the applicant has been fully apprised of the requirements for both the preliminary and clear credentials, including Level I and Level II requirements of the program of personalized preparation;
(5) Submission of a completed Application for Credential Authorizing Public School Service (form 41-4, rev. 9/08) available on the Commission's website and hereby incorporated by reference, together with its related Instruction and Information Sheet (rev. 9/08) and Form 41-ECC (Explanation of Criminal Conviction or Pending Criminal Charge) (rev. 7/08); the fee as specified in Section 80487(a)(1); and verification of completion of livescan, unless clearance is already on file with the Commission.
(6) Recommendation from a Commission-approved program of personalized preparation on a form approved by the Commission.
(7) Final date for initial issuance of a preliminary full-time career technical education teaching credential pursuant to this subsection shall be August 31, 2010.
(b) The minimum requirements for the continuance of a preliminary full-time vocational education or career technical education teaching credential shall include all of the following:
(1) A valid initial preliminary full-time vocational education or career technical education teaching credential;
(2) Completion of all Level I requirements of a Commission-approved program of personalized preparation.
(c) The minimum requirements for the clear full-time career technical education teaching credential shall include all of the following:
(1) A valid preliminary full-time career technical education teaching credential;
(2) Completion of all Level I and Level II requirements of a Commission-approved program of personalized preparation;
(3) Two years of successful teaching on the basis of the preliminary career technical education teaching credential in the industry sector(s) listed;
(4) The study of health education as specified in Education Code Section 44259(c)(4)(A);
(5) Submission of a completed Application for Credential Authorizing Public School Service (form 41-4, rev. 9/08) available on the Commission's website and hereby incorporated by reference, together with its related Instruction and Information Sheet (rev. 9/08) and Form 41-ECC (Explanation of Criminal Conviction or Pending Criminal Charge) (rev. 7/08); and the fee as specified in Section 80487(a)(1);
(6) Recommendation from a Commission-approved program of personalized preparation on a form approved by the Commission.
(7) Applicants who have not completed the clear full-time career technical education teaching credential requirements as specified in (c) on or before August 31, 2013 may apply for a three-year preliminary career technical education teaching credential pursuant to section 80034.2(a) or a clear career technical education teaching credential pursuant to section 80034.2(b), as determined by a Commission-approved LEA.
(d) The minimum requirements for the clear full-time vocational education teaching credential shall include all of the following:
(1) A valid preliminary full-time vocational education teaching credential;
(2) Two years of successful teaching on the basis of the preliminary vocational education teaching credential in the subject(s) listed;
(3) Completion of all Level I and Level II requirements of a Commission-approved program of personalized preparation;
(4) The study of health education as specified in Education Code Section 44259(c)(4)(A);
(5) Submission of a completed Application for Credential Authorizing Public School Service (form 41-4, rev. 9/08) available on the Commission's website and hereby incorporated by reference, together with its related Instruction and Information Sheet (rev. 9/08) and Form 41-ECC (Explanation of Criminal Conviction or Pending Criminal Charge) (rev. 7/08); and the fee as specified in Section 80487(a)(1);
(6) Recommendation from a Commission-approved program of personalized preparation on a form approved by the Commission.
(7) Applicants who have not completed the clear full-time vocational education teaching credential requirements as specified in (d) on or before August 31, 2013 may apply for a three-year preliminary career technical education teaching credential pursuant to section 80034.2(a) or a clear career technical education teaching credential pursuant to section 80034.2(b), as determined by a Commission-approved program of personalized preparation.
(e) Authorization. The preliminary or clear full-time vocational education or career technical education teaching credential authorizes the holder to teach in the subject(s) or industry sector(s) named on the credential in grades 12 and below, and in classes organized primarily for adults, in career technical, trade or vocational courses which shall be part of a program of career technical, trade or vocational education.
(f) Period of Validity. The period of validity of the preliminary and clear full-time vocational education or career technical education teaching credentials shall be as follows:
(1) A preliminary full-time career technical education teaching credential issued on the basis of the applicant's satisfaction of all requirements excepting (a)(3) shall be valid for one year. The one-year preliminary full-time career technical education teaching credential shall be extended to the full five-year preliminary period upon verification of satisfaction of requirement (a)(3) and submission of a completed Application for Credential Authorizing Public School Service (form 41-4, rev. 9/08) available on the Commission's website and hereby incorporated by reference, together with its related Instruction and Information Sheet (rev. 9/08) and Form 41-ECC (Explanation of Criminal Conviction or Pending Criminal Charge) (rev. 7/08), and the fee(s), as specified in Section 80487;
(2) An initial preliminary full-time career technical education teaching credential issued on the basis of the applicant's satisfaction of all requirements specified in subsection (a) shall be valid for five years, but shall authorize service for no more than two years from the date of issuance of the credential unless the holder presents verification of having met requirements for continuance, by a Commission-approved LEA, to his or her ESD of the successful completion of all Level I requirements of a Commission-approved program of personalized preparation;
(3) A clear full-time career technical education teaching credential issued on the basis of the applicant's satisfaction of all requirements specified in subsection (c) or a clear full-time vocational education teaching credential issued on the basis of the applicant's satisfaction of all requirements specified in subsection (d) shall be valid for five years.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44225(e), 44252, 44256(d), 44259(c)(4)(A), 44260.9, 44335, 44339, 44340 and 44341, Education Code.
HISTORY
1. Renumbering and amendment of former Section 80035 to Section 80040 and new Section 80035 filed 2-23-84; effective thirtieth day thereafter (Register 84, No. 8).
2. Amendment filed 3-10-89; operative 4-9-89 (Register 89, No. 11).
3. Amendment of section and Note filed 4-10-95; operative 5-10-95 (Register 95, No. 15).
4. Amendment of section heading, section and Note filed 1-21-2010; operative 2-20-2010 (Register 2010, No. 4).
§80035.1. Specific Requirements for and Authorization(s) of the Designated Subjects Preliminary and Clear Part-Time Career Technical Education Teaching Credential and the Clear Part-Time Vocational Education Teaching Credential.
Note • History
This section pertains to individuals pursuing a part-time credential pursuant to Senate Bill 52 (Chap. 520, Stats. 2007).
(a) The minimum requirements for the issuance of an initial preliminary part-time career technical education teaching credential shall include all of the following:
(1) Verification, by employers, of five years of work experience, directly related to each industry sector(s) to be named on the credential and listed in Section 80035.5. Forty-eight semester units or the quarter unit equivalent of postsecondary vocational training, related to the industry sector(s) to be named on the credential and verified by official transcript, may be substituted for a maximum of two of the five years of work experience. This substitution may be made on a pro rata basis up to the two year maximum. One year of the required work experience shall be within the three years immediately preceding the issuance of the preliminary credential. Except as provided below, teaching shall not be considered as acceptable work experience.
For purposes of meeting the requirement of one year of work experience within the three years immediately preceding the issuance of the preliminary credential, any of the following or a combination of the following may be cumulated to total 1000 clock hours:
(A) work experience,
(B) vocational teaching experience,
(C) college level related coursework,
(D) non-college related coursework, or
(E) an occupational internship.
(2) Verification of a high school diploma or the equivalent;
(3) Verification that the applicant has been fully apprised of the requirements for both the preliminary and clear credentials, including the program of personalized preparation;
(4) Submission of a completed Application for Credential Authorizing Public School Service (form 41-4, rev. 9/08) available on the Commission's website and hereby incorporated by reference, together with its related Instruction and Information Sheet (rev. 9/08) and Form 41-ECC (Explanation of Criminal Conviction or Pending Criminal Charge) (rev. 7/08); the fee as specified in Section 80487(a)(1); and verification of completion of livescan, unless clearance is already on file with the Commission.
(5) Recommendation from a Commission-approved program of personalized preparation on a form approved by the Commission.
(6) Final date for initial issuance of a preliminary part-time career technical education teaching credential pursuant to this subsection shall be August 31, 2010.
(b) The minimum requirements for the continuance of a preliminary part-time vocational education or career technical education teaching credential shall be all of the following:
(1) A valid initial preliminary part-time vocational education or career technical education teaching credential;
(2) Successful completion of all Level I requirements of a Commission-approved program of personalized preparation.
(c) The minimum requirements for the clear part-time career technical education teaching credential shall include all of the following:
(1) A valid preliminary part-time career technical education teaching credential;
(2) Completion of all Level I requirements of a Commission-approved program of personalized preparation;
(3) Two years of successful teaching on the basis of the preliminary career technical education teaching credential in the industry sector(s) listed;
(4) The study of health education as specified in Education Code Section 44259(c)94)(A);
(5) Submission of a completed Application for Credential Authorizing Public School Service (form 41-4, rev. 9/08) available on the Commission's website and hereby incorporated by reference, together with its related Instruction and Information Sheet (rev. 9/08) and Form 41-ECC (Explanation of Criminal Conviction or Pending Criminal Charge) (rev. 7/08); and the fee as specified in Section 80487(a)(1).
(6) Recommendation from a Commission-approved program of personalized preparation on a form approved by the Commission.
(7) Applicants who have not completed the clear part-time career technical education teaching credential requirements as specified in (c) on or before August 31, 2013 may apply for a three-year preliminary career technical education teaching credential pursuant to section 80034.2(a) or a clear career technical education teaching credential pursuant to section 80034.2(b), as determined by a Commission-approved LEA.
(d) The minimum requirements for the clear part-time vocational education teaching credential shall include all of the following:
(1) A valid preliminary vocational education teaching credential;
(2) Two years of successful teaching on the basis of the preliminary vocational education teaching credential in the subject(s) listed;
(3) Completion of all Level I requirements of a Commission-approved program of personalized preparation;
(4) The study of health education as specified in Education Code Section 44259(c)(4)(A);
(5) Submission of a completed Application for Credential Authorizing Public School Service (form 41-4, rev. 9/08) available on the Commission's website and hereby incorporated by reference, together with its related Instruction and Information Sheet (rev. 9/08) and Form 41-ECC (Explanation of Criminal Conviction or Pending Criminal Charge) (rev. 7/08); and the fee as specified in Section 80487(a)(1).
(6) Recommendation from a Commission-approved program of personalized preparation on a form approved by the Commission.
(7) Applicants who have not completed the clear part-time vocational education teaching credential requirements specified in (d) on or before August 31, 2013, may apply for a three-year preliminary career technical education teaching credential pursuant to section 80034.2(a) or a clear career technical education teaching credential pursuant to section 80034.2(b), as determined by a Commission-approved LEA.
(e) Authorization. The preliminary or clear part-time vocational education or career technical education teaching credential authorizes the holder to teach not more than half-time in the subject(s) or industry sector(s) named on the credential in grades 12 and below, and in classes organized primarily for adults, in career technical, trade or vocational courses which shall be part of a program of career technical, trade or vocational education. For the purpose of this credential, half-time for the holder of this credential who teaches in only one school district shall not exceed one-half of a full-time assignment for vocational and career technical educators in that school district. Half-time for the holder of this credential who teaches in more than one school district shall not exceed one-half of the greatest number of hours considered to be a full-time assignment for vocational and career technical educators in any one of the districts.
(f) Period of Validity. The period of validity of the preliminary and clear part-time vocational education or career technical education teaching credential shall be as follows:
(1) An initial preliminary part-time career technical education teaching credential issued on the basis of the applicant's satisfaction of all requirements specified in subsection (a) shall be valid for five years, but shall authorize service for no more than two years from the date of issuance of the credential unless the holder presents verification of having met requirements for continuance, by a Commission-approved LEA, to his or her ESD of the successful completion of all Level I requirements of a Commission-approved program of personalized preparation;
(2) A clear part-time career technical education teaching credential issued on the basis of the applicant's satisfaction of all requirements specified in subsection (c) or a clear part-time vocational education teaching credential issued on the basis of the applicant's satisfaction of all requirements specified in subsection (d) shall be valid for five years.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44225(e), 44252, 44256(d), 44259(c)(4)(A), 44260.5, 44339, 44340 and 44341, Education Code.
HISTORY
1. New section filed 2-23-84; effective thirtieth day thereafter (Register 84, No. 8).
2. Amendment filed 3-10-89; operative 4-9-89 (Register 89, No. 11).
3. Amendment of section and Note filed 4-10-95; operative 5-10-95 (Register 95, No. 15).
4. Amendment of section heading, section and Note filed 1-21-2010; operative 2-20-2010 (Register 2010, No. 4).
§80035.5. Subject Classification System for Designated Subjects Career Technical Education Teaching Credentials.
Note • History
Applicants shall obtain from Commission-approved programs of personalized preparation recommendations for designated subjects career technical education teaching credentials in one of the following industry sectors: Agriculture and natural resources; arts, media, and entertainment; building trades and construction; education, child development, and family services; energy and utilities; engineering and design; fashion and interior design; finance and business; health science and medical technology; hospitality, tourism and recreation; information technology; manufacturing and product development; marketing, sales, and service; public service; transportation.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44260, 44260.1 and 44260.9, Education Code.
HISTORY
1. New section filed 4-10-95; operative 5-10-95 (Register 95, No. 15).
2. Amendment of section heading, section and Note filed 1-21-2010; operative 2-20-2010 (Register 2010, No. 4).
§80036. Specific Requirements for and Authorization of the Full-Time Designated Subjects Preliminary and Clear Adult Education Teaching Credential.
Note • History
(a) The minimum requirements for the issuance of an initial preliminary full-time adult education teaching credential in an academic subject area(s) specified in Section 80034(a) or in a general subjects area(s) except those included in the Career Technical Education and Personal Development categories specified in Section 80036.3 shall include all of the following:
(1) Verification of five years of experience and/or education related to each subject to be named on the credential. The experience and/or education shall meet the criteria specified in Section 80036.2.
(2) Verification of a high school diploma or the equivalent;
(3) Verification of knowledge of the Constitution of the United States, as specified in Education Code Section 44335, by one of the means described in Section 80415;
(4) Meet the basic skills requirement as specified in Education Code Section 44252. Applicants for an adult education teaching credential authorizing the teaching of adults in an apprenticeship program, approved by the Apprenticeship Standards Division of the Department of Industrial Relations, or in a general subjects area are exempt from this requirement;
(5) Verification that the applicant has been fully apprised of the requirements for both the preliminary and clear credentials, including Level I and Level II requirements of the program of personalized preparation;
(6) Submission of a completed Application for Credential Authorizing Public School Service as specified in section 80001; the fee as specified in Section 80487(a)(1); and verification of completion of livescan, unless clearance is already on file with the Commission;
(7) Recommendation from a Commission-approved program of personalized preparation on a form approved by the Commission.
(8) Final date for initial issuance of a preliminary full-time adult education teaching credential pursuant to this subsection shall be January 31, 2013.
(b) The minimum requirements for the continuance of a preliminary full-time adult education teaching credential shall include all of the following:
(1) A valid initial preliminary full-time adult education teaching credential;
(2) Completion of all Level I requirements of a Commission-approved program of personalized preparation.
(c) The minimum requirements for the clear full-time adult education teaching credential shall include all of the following:
(1) A valid preliminary full-time adult education teaching credential;
(2) Two years of successful teaching of adult learners in the subject(s) authorized by the preliminary adult education teaching credential;
(3) Completion of all Level I and Level II requirements of a Commission-approved program of personalized preparation;
(4) The study of health education as specified in Education Code Section 44259(c)(4)(A);
(5) Submission of a completed Application for Credential Authorizing Public School Service as specified in Section 80001 and the fee as specified in Section 80487(a)(1);
(6) Recommendation from a Commission-approved program of personalized preparation on a form approved by the Commission.
(7) Applicants who have not completed the clear full-time adult education teaching credential requirements as specified in this section on or before January 31, 2016 may apply for a three-year preliminary adult education teaching credential pursuant to Section 80036.4(a) or a clear adult education teaching credential pursuant to Section 80036.4(b), as determined by a Commission-approved program of personalized preparation.
(d) Authorization. The preliminary or clear full-time adult education teaching credential authorizes the holder to teach the subjects named on the credential as specified in Section 80036.3 in courses organized primarily for adults.
(e) Period of Validity. The period of validity of the preliminary and clear full-time adult education teaching credentials shall be as follows:
(1) A preliminary full-time adult education teaching credential issued on the basis of the applicant's satisfaction of all requirements except (a)(3) shall be valid for one year. The one-year preliminary adult education teaching credential shall be extended to the full five-year preliminary period upon verification of satisfaction of requirement (a)(3) and submission of a completed Application for Credential Authorizing Public School Service, as specified in Section 80001, and the fee, as specified in Section 80487(a)(1);
(2) An initial preliminary full-time adult education teaching credential issued on the basis of the applicant's satisfaction of all requirements specified in subsection (a) shall be valid for five years, but shall authorize service for no more than two years from the date of issuance of the credential unless the holder presents verification of the successful completion of all Level I requirements of a Commission-approved program of personalized preparation;
(3) A clear full-time adult education teaching credential issued on the basis of the applicant's satisfaction of all requirements specified in subsection (c) shall be valid for five years.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44225(e), 44252, 44259(c)(4)(A), 44335, 44339, 44340 and 44341, Education Code.
HISTORY
1. Amendment of subsection (a)(2) filed 6-5-79; effective thirtieth day thereafter (Register 79, No. 23).
2. Repealer and new section filed 2-23-84; effective thirtieth day thereafter (Register 84, No. 8).
3. Amendment of section heading, section and Note filed 4-10-95; operative 5-10-95 (Register 95, No. 15).
4. Amendment of section and Note filed 5-2-2011; operative 6-1-2011 (Register 2011, No. 18).
§80036.1. Specific Requirements for and Authorization of the Designated Subjects Preliminary and Clear Part-Time Adult Education Teaching Credential.
Note • History
(a) The minimum requirements for the issuance of an initial preliminary part-time adult education teaching credential in an academic subject area(s) specified in Section 80034(a) or in a general subjects area(s) except those included in the Career Technical Education and Personal Development categories specified in Section 80036.3 shall include all of the following:
(1) Verification of five years of experience and/or education related to each subject to be named on the credential and listed in Section 80036.3. The experience and/or education shall meet the criteria specified in Section 80036.2;
(2) Verification of a high school diploma or the equivalent;
(3) Meet the basic skills requirement as specified in Education Code Section 44252. Applicants for an adult education teaching credential authorizing the teaching of adults in an apprenticeship program or in a general subjects area(s) are exempt from this requirement;
(4) Verification that the applicant has been fully apprised of the requirements for both the preliminary and clear credentials, including the program of personalized preparation;
(5) Submission of a completed Application for Credential Authorizing Public School Service as specified in Section 80001; the fee as specified in Section 80487(a)(1); and verification of completion of livescan, unless clearance is already on file with the Commission;
(6) Recommendation from a Commission-approved program of personalized preparation on a form approved by the Commission.
(7) Final date for the initial issuance of a preliminary part-time adult education teaching credential pursuant to this subsection shall be January 31, 2013.
(b) The minimum requirements for the continuance of a preliminary part-time adult education teaching credential shall be all of the following:
(1) A valid initial preliminary part-time adult education teaching credential;
(2) Completion of all Level I requirements of a Commission-approved program of personalized preparation.
(c) The minimum requirements for the clear part-time adult education teaching credential shall include all of the following:
(1) A valid preliminary part-time adult education teaching credential;
(2) Two years of successful teaching of adult learners in the subject(s) authorized by the preliminary adult education teaching credential;
(3) Completion of all Level I requirements of a Commission-approved program of personalized preparation;
(4) The study of health education as specified in Education Code Section 44259(c)(4)(A);
(5) Submission of a completed Application for Credential Authorizing Public School Service as specified in Section 80001; and the fee as specified in Section 80487(a)(1);
(6) Recommendation from a Commission-approved program of personalized preparation on a form approved by the Commission.
(7) Applicants who have not completed the clear part-time adult education teaching credential requirements specified in this section on or before January 31, 2016 may apply for a three-year preliminary adult education teaching credential pursuant to Section 80036.4(a) or a clear adult education teaching credential pursuant to Section 80036.4(b), as determined by a Commission-approved program of personalized preparation.
(d) Authorization. The preliminary or clear part-time adult education teaching credential authorizes the holder to teach not more than half-time in the subject named on the credential in courses organized primarily for adults. For the purpose of this credential, half-time for the holder of this credential who teaches in only one school district shall not exceed one-half of a full-time assignment for adult educators in that school district. Half-time for the holder of this credential who teaches in more than one school district shall not exceed one-half of the greatest number of hours considered to be a full-time assignment for adult educators in any one of the districts.
(e) Period of Validity. The period of validity of the preliminary and clear part-time adult education teaching credentials shall be as follows:
(1) An initial preliminary part-time adult education teaching credential issued on the basis of the applicant's satisfaction of all requirements specified in subsection (a) shall be valid for five years but shall authorize service for no more than two years from the date of issuance of the credential unless the holder presents verification of the successful completion of all Level I requirements of a Commission-approved program of personalized preparation;
(2) A clear part-time adult education teaching credential issued on the basis of the applicant's satisfaction of all requirements specified in subsection (c) shall be valid for five years.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44225(e), 44252, 44259(c)(4)(A), 44260.5, 44339, 44340 and 44341, Education Code.
HISTORY
1. New section filed 2-23-84; effective thirtieth day thereafter (Register 84, No. 8).
2. Amendment of section and Note filed 4-10-95; operative 5-10-95 (Register 95, No. 15).
3. Amendment of section and Note filed 5-2-2011; operative 6-1-2011 (Register 2011, No. 18).
§80036.2. Qualifying Experience and/or Education for the Designated Subjects Adult Education Teaching Credential.
Note • History
(a) Qualifying experience, or experience and education, or education, for an adult education teaching credential authorizing the teaching of a general (nonacademic) subjects area shall meet one of the criteria described below:
(1) For preliminary full-time adult education teaching credentials issued pursuant to Section 80036(a) and preliminary part-time adult education teaching credentials issued pursuant to Section 80036.1(a):
Years of Subject-Related
Education and/or Training Experience Required
High School Diploma or equivalent + 5 years
Twenty four semester units of collegiate course work, including
a minimum four semester units in the subject to be taught + 4 years
Forty eight semester units of collegiate course work, including
a minimum eight semester units in the subject to be taught + 3 years
Seventy two semester units of collegiate course work, including
a minimum twelve semester units in the subject to be taught + 2 years
Ninety six semester units of collegiate course work, including a
minimum sixteen semester units in the subject to be taught + 1 year
Baccalaureate degree with subject matter in the field to be
taught verified by at least one of the following: + 0 years
Completion of 20 semester units or
10 upper division semester units in
the subject to be taught.
(2) For three-year preliminary adult education teaching credentials issued pursuant to Section 80036.4(a), verification by employers of three years of experience directly related to each subject(s) to be named on the credential. One year of the required experience shall be within the last five years, or two years within the last ten years, immediately preceding the issuance of the three-year preliminary credential. One or more of the following may be used for up to a maximum of two of the three years of experience:
(A) Possession of an advanced industry certificate related to the subject to be named on the preliminary credential as determined by a Commission-approved program may be used as one year of experience;
(B) One year of full-time teaching experience providing instructional services in preschool or grades K-12 earned in a public or private school of equivalent status while holding a general education teaching credential based on completion of a teacher preparation program and student teaching may be used as one year of experience;
(C) Forty-eight semester units or the quarter unit equivalent of postsecondary vocational training, related to the subject(s) to be named on the preliminary credential and verified by official transcript, may be used for a maximum of two of the three years of experience.
(b) Qualifying education for an adult education credential authorizing the teaching of an academic subject shall include a baccalaureate or higher degree completed at a regionally accredited college or university and completion of 20 semester units or 10 upper division semester units in the subject to be taught.
(c) Qualifying education for an adult education credential authorizing the teaching of English as a Second Language shall include a baccalaureate or higher degree, a certificate, or completion of 20 semester units or 10 upper division semester units at a regionally accredited college or university in one or any combination of the following:
(1) Teaching English as a Second Language (TESL);
(2) Teaching English to Speakers of Other Languages (TESOL);
(3) any language other than English;
(4) linguistics;
(5) bilingual/bicultural studies;
(6) second language acquisition.
(d) Qualifying education for an adult education credential authorizing the teaching of Elementary and Secondary Basic Skills shall include a baccalaureate or higher degree completed at a regionally accredited college or university and completion of 20 semester units with at least three units in four of the following six areas: English, mathematics, science, social sciences, fine arts and a foreign language.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44260.2, 44260.3 and 44260.5, Education Code.
HISTORY
1. New section filed 2-23-84; effective thirtieth day thereafter (Register 84, No. 8).
2. Amendment of section and Note filed 4-10-95; operative 5-10-95 (Register 95, No. 15).
3. Amendment filed 5-2-2011; operative 6-1-2011 (Register 2011, No. 18).
§80036.3. Subject Classification System for Designated Subjects Adult Education Teaching Credentials.
Note • History
(a) Commission-approved programs of personalized preparation shall recommend applicants for designated subjects adult education teaching credentials in a subject(s) contained within the categories that follow:
Category Subject (to be named on the credential)
Adults with Disabilities adaptive arts and crafts; adaptive computer
technology; adaptive physical education;
health; self-maintenance skills; other (specify)
Elementary and Secondary
Basic Skills elementary and secondary basic skills
(includes basic education-grades one through
eight; arithmetic; reading; individualized high
school learning lab/G.E.D./contract class
settings; citizenship); other (specify)
Career Technical Education agriculture and natural resources; arts, media,
and entertainment; building trades and
construction; education, child development,
and family services; energy and utilities;
engineering and design; fashion and interior
design; finance and business; health science
and medical technology; hospitality, tourism,
and recreation; information technology;
manufacturing and product development;
marketing, sales, and service; public service;
transportation
English English
English as a Second
Language English as a second language
Fine Arts fine arts
A Language Other than
English (specify) a specific language, other than English
Health and Safety CPR; environmental safety; first aid; health
education; nutrition; physical fitness and
conditioning; safety education; other (specify)
Home Economics arts and crafts; clothing construction;
consumer education; decorative arts; dietetics
and food management; nutrition; food
preparation; home management; interior
design; textiles; upholstery; other (specify)
Mathematics mathematics
Older Adults communication skills; creative arts; health;
performing arts; physical fitness; public
affairs; retirement planning; safety; self-
maintenance; other (specify)
Parent Education parent education; childbirth education;
human development; family management;
other (specify)
Personal Deveopment art; health and safety; family education;
financial literacy
Science life science, including general science;
physical science, including general science;
other (specify)
Social Sciences social sciences
Vocational Education aeronautics; agriculture; bookkeeping and
accounting; building and construction trades;
business management; career development;
computer applications; computer
programming; computer systems operation;
computer technology; cosmetology;
electronics technology; financial services;
health occupations; industrial technology;
information processing/keyboarding;
marine technology; marketing; nursing;
office occupations; small business
ownership/management; other (specify)
(b) As needed the Executive Director of the Commission on Teacher Credentialing may establish new categories or subjects, each of which shall be brought to the Commission on Teacher Credentialing on a regular basis for inclusion in Section 80036.3(a).
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44260.2, 44260.3 and 44260.5, Education Code.
HISTORY
1. New section filed 2-23-84; effective thirtieth day thereafter (Register 84, No. 8).
2. Amendment of section heading, repealer of subsections (a)-(b)(17), new subsections (a)-(b) and amendment of Note filed 4-10-95; operative 5-10-95 (Register 95, No. 15).
3. Amendment filed 5-2-2011; operative 6-1-2011 (Register 2011, No. 18).
§80036.4. Specific Requirements for and Authorization of the Designated Subjects Three-Year Preliminary and Clear Adult Education Teaching Credentials.
Note • History
(a) The minimum requirements for the issuance of an initial three-year preliminary adult education teaching credential in an academic subject area(s) specified in Section 80034(a) or a subject(s) within the general subjects Career Technical Education and/or Personal Development categories listed in Section 80036.3 shall include all of the following:
(1) Verification of three years of experience and/or education related to each subject to be named on the credential. The experience and/or education shall meet the criteria specified in Section 80036.2;
(2) Verification of a high school diploma or the equivalent;
(3) Meet the basic skills requirement as specified in Education Code Section 44252. Applicants for an adult education teaching credential authorizing the teaching of adults in an apprenticeship program, approved by the Apprenticeship Standards Division of the Department of Industrial Relations, or in a general subjects area(s) are exempt from this requirement.
(4) Verification that the applicant has been apprised of the requirements for the clear credential, including requirements of the program of personalized preparation;
(5) Submission of a completed Application for Credential Authorizing Public School Service as specified in Section 80001; the fee as specified in Section 80487(a)(1); and verification of completion of livescan, unless clearance is already on file with the Commission.
(6) Recommendation from a Commission-approved program of personalized preparation.
(b) The minimum requirements for the clear adult education teaching credential shall include all of the following:
(1) A valid preliminary adult education teaching credential;
(2) Completion of a Commission-approved program of personalized preparation;
(3) Two years of successful teaching of adult learners in the subject(s) authorized by the preliminary adult education teaching credential;
(4) Verification of knowledge of the Constitution of the United States, as specified in Education Code Section 44335, by one of the means described in Section 80415;
(5) The study of health education as specified in Education Code Section 44259(c)(4)(A);
(6) The study of computer-based technology, including the uses of technology in educational settings.
(7) Submission of a completed Application for Credential Authorizing Public School Service as specified in Section 80001 and the fee as specified in Section 80487(a)(1).
(8) Recommendation from a Commission-approved program of personalized.
(c) Authorization. The preliminary or clear adult education teaching credential authorizes the holder to teach the subject(s) named on the credential as specified in Section 80036.3 in courses organized primarily for adults.
(d) Period of Validity. The period of validity of the preliminary and clear career technical education teaching credentials shall be as follows:
(1) A preliminary adult education teaching credential issued on the basis of the applicant's satisfaction of all requirements in subsection (a) shall be valid for three years;
(2) A clear adult education teaching credential issued on the basis of the applicant's satisfaction of all requirements specified in subsection (b) shall be valid for five years.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44225(e), 44252, 44259(c)(4)(A), 44260.2, 44260.3, 44335, 44339, 44340 and 44341, Education Code.
HISTORY
1. New section filed 5-2-2011; operative 6-1-2011 (Register 2011, No. 18).
§80036.5. Effect of Changes Upon Certain Holders of Designated Subjects Teaching Credentials. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44225, Education Code.
HISTORY
1. New section filed 4-10-95; operative 5-10-95 (Register 95, No. 15).
2. Repealer filed 5-2-2011; operative 6-1-2011 (Register 2011, No. 18).
§80037. Specific Requirements for and Authorization of the Designated Subjects Preliminary and Clear Special Subjects Teaching Credential.
Note • History
(a) The minimum requirements for the preliminary special subjects teaching credential shall include all of the following:
(1) Experience, or experience and education, or education in each special subject to be named on the credential, which totals four years. One year of the required experience shall be within the three-year period immediately preceding the issuance of the credential. This requirement shall be verified in one of the following ways:
(A) for the special subject: Aviation Flight and/or Aviation Ground Instruction, experience is to be verified by the Federal Aviation Agency;
(B) for the special subject: Basic Military Drill, experience is to be verified by the adjutant general of the State of California; or
(C) for the special subject: Reserve Officers Training Corp (R.O.T.C.), experience is to be verified by the branch of military service sponsoring the program in the employing school district; or
(D) for the special subject: Driver Education and Training, a baccalaureate degree from a regionally accredited college or university and a valid California Driver's License.
(2) License, or recommendation, or course work shall meet one of the following criteria:
(A) for the special subject: Aviation Flight and/or Aviation Ground Instruction, possession of a properly rated valid certificate, issued by the Federal Aviation Agency;
(B) for the special subject: Basic Military Drill, a recommendation from the adjutant general of the State of California;
(C) for the special subject: R.O.T.C., a recommendation from the branch of military service sponsoring the program in the employing school districts;
(D) for the special subject: Driver Education and Training, twelve semester hours of subject-matter course work in driver education;
(E) for the special subject: Limited Driver Training, a valid California driver's license; submission of a current transcript of driving record from the Department of Motor Vehicles; possession of a written statement from the prospective employing school district attesting to the applicant's ability to actually perform behind-the-wheel driver instruction; and possession of written assurance, from the prospective employing school district, that adequate supervision and appropriate staff development will be provided for the individual receiving the limited driver training authorization.
(3) Verification of a high school diploma or the equivalent;
(4) Verification of knowledge of the Constitution of the United States, as specified in Education Code Section 44335, by one of the means described in Section 80415;
(5) Verification of passage of the California Basic Education Skills Test, as specified in Education Code Section 44252.
(6) Verification by the Employing School District (ESD) or a Commission-approved Local Education Agency (LEA) that the applicant is aware of the requirements for the clear credential, including the program of personalized preparation;
(7) Submission of a completed application form; a recommendation signed by a Commission-approved LEA or the ESD on a form approved by the Commission; the fee as specified in Section 80487; verification as specified for requirements (a)(1) through (a)(6); and personal identification on duplicate fingerprint cards.
(b) The minimum requirements for the clear special subjects teaching credential shall include all of the following:
(1) A valid preliminary special subjects teaching credential;
(2) Verification by the ESD of two years, or the equivalent, of successful teaching as defined in subsection 80034(f) and as authorized by the preliminary special subjects teaching credential;
(3) Verification by a Commission-approved LEA of completion of nine semester units, or 135 clock hours, in a Commission-approved program(s) of personalized preparation;
(4) Verification of completion of the health unit requirement specified in Education Code Section 44261, by one of the means specified in Section 80421;
(5) Submission of a completed application form; a recommendation signed by a Commission-approved LEA and/or the ESD on a form approved by the Commission; the fee as specified in Section 80487; and verifications as specified for requirements (b)(2), (b)(3) and (b)(4).
(c) Authorization. The preliminary or clear Special Subjects teaching credential authorizes the holder to teach the subject, named on the credential, in grades 12 and below, and classes organized primarily for adults.
(d) Period of Validity. The period of validity of the preliminary and clear special subjects teaching credentials shall be as follows:
(1) A preliminary special subjects teaching credential issued on the basis of the applicant's satisfaction of all requirements excepting (a)(4) shall be valid for one year. The one-year preliminary special subjects teaching credential shall be extended to the full five-year preliminary period upon verification of satisfaction of requirement (a)(4) and submission of a completed application form and the fee, as specified in Section 80487;
(2) A preliminary special subjects teaching credential issued on the basis of the applicant's satisfaction of all requirements specified in subsection (a) shall be valid for five years;
(3) A clear special subjects education teaching credential issued on the basis of the applicant's satisfaction of all requirements specified in subsection (b) shall be valid for five years and is renewable on the basis of an application and payment of a fee.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44252, 44260.4, 44261 and 44335, Education Code.
HISTORY
1. Repealer and new section filed 2-23-84; effective thirtieth day thereafter (Register 84, No. 8).
§80037.5. Subject Matter Programs for the Designated Subjects Special Subjects Teaching Credential in Driver Education and Driver Training.
Note • History
(a) To be approved by the Commission, a subject matter program for the Designated Subjects Special Subjects Teaching Credential in Driver Education and Training shall include 12 semester hours, or 180 clock hours, of subject matter course work and/or staff development work in driver education and training.
(b) To be granted preliminary approval or continued approval by the Commission as a subject matter program for the Designated Subjects Special Subjects Teaching Credential in Driver Education and Training, the program must be developed, submitted and implemented by a Local Education Agency (LEA). An LEA, as it applies to subject matter programs in driver education and training means any of the following categories of agencies:
(1) A California public school district or consortium of school districts;
(2) A California county superintendent of schools office;
(3) A California regional occupational program or center;
(4) A California State Agency;
(5) A Commission-approved teacher preparation institution.
(c) An LEA desiring to develop a subject matter program for the Designated Subjects Special Subjects Teaching Credential in Driver Education and Training shall file with the Commission a request for approval, signed by the Chief Administrative Officer of the agency or agencies constituting the LEA. This request shall include a complete description of how the program will meet all requirements, including each standard of program quality and effectiveness adopted by the Commission as set forth in this regulation with a particular focus upon how the LEA proposes to assure that students will acquire the competencies, skills and knowledge required.
(d) The request for approval of standards of program quality and effectiveness for subject matter programs for the Designated Subjects Special Subjects Teaching Credential in Driver Education and Training shall specify the competencies, skills and knowledge to be required of the student in each of the following areas:
(1) Motivation (including, but not limited to the ability to identify and use important motivational factors in driving, including risk tolerance, emotion, intrinsic motivators, and resistance to negative learning);
(2) Knowledge (including, but not limited to the ability to identify and use the knowledge related to driving in the Highway Transportation System, including the California Vehicle Code, driving tasks, human factors, and the physics of driving);
(3) Attention (including, but not limited to the ability to make use of attention in driving, including alertness, divided attention, and switching attention);
(4) Detection and Perception (including, but not limited to the acquisition of knowledge and the ability to use detection and perception skills which includes the driver's searching, scanning, noticing potential hazards, and the mental processing of information from the senses);
(5) Evaluation of Potential Perceived Hazards (including, but not limited to, the ability to evaluate perceived potential hazards, including factors such as speed and distance, risk assessment, other road users' expectations and motivations);
(6) Decision Making (including, but not limited to the ability to identify and weigh options while driving, selecting and timing responses to optimize benefits and reduce or eliminate negative impacts);
(7) Motor Skills (including, but not limited to the demonstration, behind the wheel, of adequate psychomotor skills to properly execute an intended action, including executing correct choices, sensitivity to vehicle response, controlling acceleration and speed, controlling deceleration, steering, and error correction);
(8) Safety Margin (including, but not limited to the ability to practice an adequate safety margin, including the management of the time and space available for detection, perception, evaluation, decision, and response, as well as the control of safety margin through choice of driving speed and vehicle placement);
(9) Responsibility (including, but not limited to the practice of basic self-correction and self-control needed for safe, mature, efficient, and socially responsible use of the roads, including the self-monitoring of one's driving behavior and its effects on other road users, a commitment to driving unimpaired, conflict avoidance, use of safety restraints, positive/negative communication among road users, and energy/environmental conservation);
(10) Diversity and Equity in the Program (including, but not limited to understanding and appreciation of the role of human diversity in Driver Education and Training, including cultural, ethnic, gender, age, socio-economic, language diversity, and individuals with exceptional needs, including the promotion of educational equity by utilizing instructional, advisement and curricular practices that offer equal access to program content and career options for all credential candidates);
(11) Computer Literacy and Educational/Instructional Technology (including, but not limited to the employment of multiple strategies, activities and materials that are appropriate for effective instruction and assessment of learning and development in Driver Education and Training and that provide the foundation for the credential candidates to examine and use technology in the teaching and learning process. Credential candidates will demonstrate knowledge of basic operations, terminology and capabilities of computer-based technologies)'
(12) Program Organization and Management (including, but not limited to the demonstration and management of a driver education and training program, including scheduling, budgeting, facilities and equipment, legal aspects, public relations, parent involvement, and evaluation);
(13) Behind the Wheel (including, but not limited to the demonstration of competence in teaching the content identified in these standards as well as those California laws and regulations that are applicable to novice drivers under actual on-street driving conditions, including the demonstration of knowledge of a variety of additional techniques and methods, including simulators, driving range, and interactive technology products).
(e) The Commission will approve subject matter programs for the Designated Subjects Special Subjects Teaching Credential in Driver Education and Training after a review of the request, when such requests reflects that the program submitted by the LEA meets the requirements and standards. Programs will be monitored by the Commission to determine if the requirements and standards are continuing to be met.
(f) An LEA that offered a subject matter program for the Designated Subjects Special Subjects Teaching Credential in Driver Education and Training on the effective date of this section shall continue to be authorized to offer that program, but for no longer than one calendar year from the effective date of this section, or until approved by the Commission, whichever is first.
NOTE
Authority cited: Sections 44225(q) and 44260.4, Education Code. Reference: Sections 44260.7, 44225(b) and 44225(d), Education Code.
HISTORY
1. New section filed 3-18-98; operative 4-17-98 (Register 98, No. 12).
§80038. Specific Requirements for and Authorization of the Designated Subjects Supervision and Coordination Credential.
Note • History
(a) The minimum requirements for the designated subjects supervision and coordination credential shall include all of the following:
(1) A valid designated subjects teaching credential, other than for part-time service;
(2) Verification by the ESD of three years of full-time teaching experience in the subject named on the designated subjects credential;
(3) Verification by an LEA of completion of six semester units, or 90 clock hours, in a Commission-approved personalized preservice program in supervision and coordination as described in Section 80040.3;
(4) Verification of passage of the California Basic Education Skills Test, as specified in Education Code Section 44252;
(5) Submission of a completed application form signed by a Commission-approved LEA; the fee as specified in Section 80487; and documents as specified in (a)(2) and (a)(3).
(b) Authorization. The designated subjects supervision and coordination credential authorizes the holder to supervise and coordinate subjects and classes in all types of designated subjects programs.
(c) Period of Validity. The period of validity of the designated subjects supervision and coordination credential shall be determined by the expiration date of the designated subjects teaching credential, but may not exceed five years.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44252 and 44260.6, Education Code.
HISTORY
1. Repealer and new section filed 2-23-84; effective thirtieth day thereafter (Register 84, No. 8).
§80039. Preliminary Credential for Part-Time Service. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Repealer filed 2-23-84; effective thirtieth day thereafter (Register 84, No. 8).
§80040. General Requirements for Designated Subjects Programs of Personalized Preparation.
Note • History
(a) A LEA desiring to offer a program of personalized preparation for the designated subjects teaching credential or for the designated subjects supervision and coordination credential shall file with the Commission on Teacher Credentialing an application for approval, signed by the Chief Administrative Officer of the agency or agencies constituting the LEA. This application shall include a complete description of how the program will meet each standard of program quality and effectiveness with a particular focus upon how the LEA proposes to assure that candidates will acquire the competencies, skills and knowledge required.
(b) The Commission will approve programs after the review of the application, when such application reflects that the program submitted by the LEA meets the requirements. Programs will be monitored by the Commission to determine if the requirements are being met.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44260.1, 44260.3 and 44260.5, Education Code.
HISTORY
1. Repealer of former Section 80040 and renumbering and amendment of former Section 80035 to Section 80040 filed 2-23-84; effective thirtieth day thereafter (Register 84, No. 8).
2. Amendment of section and Note filed 4-10-95; operative 5-10-95 (Register 95, No. 15).
§80040.1. Cooperative Planning for and Implementation of the Program of Personalized Preparation.
Note • History
(a) The purpose of the program of personalized preparation is to ensure that holders of designated subjects credentials possess competencies, skills and knowledge in accordance with Commission-approved standards of program quality and effectiveness.
(b) The planning for the program of personalized preparation shall include the applicant, the ESD and the LEA. Great care shall be taken to include those program components which are specific to the background and present assignment needs of the applicant.
(c) In the event of a difference of opinion between an LEA and an ESD as to whether a program of personalized preparation has been completed, the holder of a preliminary designated subjects credential may file an appeal pursuant to Article 6.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44260.1, 44260.3 and 44260.5, Education Code.
HISTORY
1. New section filed 2-23-84; effective thirtieth day thereafter (Register 84, No. 8).
2. Amendment of section and Note filed 4-10-95; operative 5-10-95 (Register 95, No. 15).
§80040.2. Specific Requirements for Programs of Personalized Preparation for the Designated Subjects Adult Education Teaching Credential.
Note • History
(a) The application for Commission approval of programs of personalized preparation for the designated subjects adult education teaching credential shall specify the skills and knowledge to be required of the candidate, for recommendation for the specific credential as follows:
(1) Level I requirements for the designated subjects adult education teaching credential: a minimum of four semester units or 60 clock hours of instruction in the following areas:
(A) Diversity in Students and Communities (including, but not limited to, understanding of student differences; respect for diversity; and mainstreaming);
(B) Adult Learning Process (including, but not limited to, principles and practices of adult learning; adaptation of instruction to student differences; problem solving and critical thinking skills; flexible instructional planning; encouragement of positive student attitudes toward learning; and instruction relevant and appropriate to the interests and needs of adult learners);
(C) Instructional Practices (including, but not limited to, awareness and use of instructional practices that are appropriate for students' abilities and skills; use of a variety of instructional strategies, including the use of computers in an instructional setting; student motivation; promotion of excellence and involvement; and classroom management);
(D) Evaluation of Instruction and Student Achievement (including, but not limited to, understanding of relationship between evaluation results and the selection of instructional content; and ability to monitor and evaluate student progress);
(E) Interpersonal Relations (including, but not limited to, self-esteem and respect; and effective communication with students);
(2) Level II requirements for the designated subjects adult education teaching credential; a minimum of five semester units or 75 clock hours of instruction in the following areas:
(A) Diversity in Students and Communities (including, but not limited to, understanding and sensitivity toward the cultural heritage; community values and individual aspirations of diverse students);
(B) Instructional Technology (including, but not limited to, lesson planning; use of a variety of materials, equipment and technologies; ability to use computers and accompanying technology; knowledge and ability to use appropriate technology);
(C) Curriculum (including, but not limited to, development of course outlines; and preparation of lesson plans);
(D) Evaluation of Instruction and Student Achievement (including, but not limited to, use of a variety of techniques to determine student needs; determination and communication to students of appropriate achievement criteria);
(E) Counseling and Guidance (including, but not limited to, knowledge of a variety of counseling and guidance services; and identification of specific services to assist students);
(F) Community, Legislative and Occupational Relationships (including, but not limited to, roles of governing boards and advisory councils; effective marketing techniques; awareness and utilization of career information; the legislative process and its effect on adult education; awareness of relevant laws and regulations; and funding sources);
(G) Interpersonal Relation (including, but not limited to, understanding of adult developmental stages; motivational, group facilitation and conflict resolution skills).
(b) The LEA is responsible to work cooperatively with ESDs in implementing each and all components of the program in a manner that is responsive to the personalized needs of the designated subjects participants.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44260.3 and 44260.5, Education Code.
HISTORY
1. New section filed 2-23-84; effective thirtieth day thereafter (Register 84, No. 8).
2. Amendment of section heading, section and Note filed 4-10-95; operative 5-10-95 (Register 95, No. 15).
§80040.2.5. Instructional Practices Component of Programs of Personalized Preparation for the Designated Subjects Adult Education Teaching Credential.
Note • History
(a) The instructional practices component of the program of personalized preparation for the designated subjects adult education teaching credential in any subject within the category specified below shall include demonstrated competence in the following:
(1) Adults with Disabilities: instructional strategies, activities and materials that are appropriate to the teaching of adults with disabilities.
(2) English as a Second Language: language structure, second language acquisition and development, and instructional strategies, activities and materials that are appropriate to the teaching of English as a Second Language to adult learners.
(3) Older Adults: instructional strategies, activities and materials that are appropriate to the teaching of older adults.
(b) The instructional practices component of the program of personalized preparation for applicants for the designated subjects adult education teaching credential in any subject who wish to teach in programs that primarily serve older adults shall include instructional strategies, activities and materials that are appropriate to the teaching of older adults.
(c) The instructional practices component of the program of personalized preparation for applicants for the designated subjects adult education teaching credential in any subject who wish to teach in programs that primarily serve adults with disabilities shall include instructional strategies, activities and materials that are appropriate to the teaching of adults with disabilities.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44260.3 and 44260.5, Education Code.
HISTORY
1. New section filed 4-10-95; operative 5-10-95 (Register 95, No. 15).
§80040.2.7. Timeline for Submission of Revised Programs of Personalized Preparation for the Designated Subjects Adult Education Teaching Credential.
Note • History
An LEA with a program of personalized preparation for the Designated Subjects Adult Education Teaching Credential that received Commission-approval prior to the effective date of this section shall submit a revised application for approval within one calendar year from the effective date of this section. The Commission will approve revised programs after review of the application when such application reflects that the revised program submitted by the LEA meets requirements.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44260.3 and 44260.5, Education Code.
HISTORY
1. New section filed 4-10-95; operative 5-10-95 (Register 95, No. 15).
§80040.3. Specific Requirements for Commission Approval of the Personalized Program in Supervision and Coordination Shall Include the Following:
Note • History
(a) Knowledge of the purposes, characteristics, and activities of vocational and/or nonvocational designated subjects programs.
(b) Planning, organization, and management of designated subjects programs which may include, but not be limited to:
(1) Program Implementation Planning;
(2) Conference leadership;
(3) Community relations and advisory processes;
(4) Program evaluations;
(5) Principles of student leadership and development.
(c) Personnel policy development and administration which may include, but not be limited to:
(1) Selection;
(2) Evaluation;
(3) Staff Development;
(4) Human Relations;
(5) Supervision.
(d) Fiscal and regulatory concepts related to designated subjects programs which may include, but not be limited to:
(1) Budgeting;
(2) Legislation;
(3) School Law;
(4) Intra and interagency relations;
(5) Funding sources.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44260.6, Education Code.
HISTORY
1. New section filed 2-23-84; effective thirtieth day thereafter (Register 84, No. 8).
§80041. Types of Designated Subjects Credentials for Adult Education. [Repealed]
Note • History
NOTE
Authority cited: Sections 44225 and 44225(b), Education Code. Reference: Sections 44259 and 44260, Education Code.
HISTORY
1. Amendment filed 11-6-78; effective thirtieth day thereafter (Register 78, No. 45).
2. Repealer and new section filed 6-5-79; effective thirtieth day thereafter (Register 79, No. 23).
3. Repealer filed 2-23-84; effective thirtieth day thereafter (Register 84, No. 8).
§80041.1. Terms and Requirements for Issuance. [Repealed]
Note • History
NOTE
Authority cited: Sections 44225 and 44225(b), Education Code. Reference: Sections 44259 and 44260, Education Code.
HISTORY
1. New section filed 6-5-79; effective thirtieth day thereafter (Register 79, No. 23).
2. Repealer filed 2-23-84; effective thirtieth day thereafter (Register 84, No. 8).
§80041.2. Authorization for Service. [Repealed]
Note • History
NOTE
Authority cited: Sections 44225 and 44225(b), Education Code. Reference: Sections 44259 and 44260, Education Code.
HISTORY
1. New section filed 6-5-79; effective thirtieth day thereafter (Register 79, No. 23).
2. Repealer filed 2-23-84; effective thirtieth day thereafter (Register 84, No. 8).
§80041.3. Requirements for the Credential. [Repealed]
Note • History
NOTE
Authority cited: Sections 44225 and 44225(b), Education Code. Reference: Sections 44259 and 44260, Education Code.
HISTORY
1. New section filed 6-5-79; effective thirtieth day thereafter (Register 79, No. 23).
2. Amendment filed 11-2-79; effective thirtieth day thereafter (Register 79, No. 44).
3. Repealer filed 2-23-84; effective thirtieth day thereafter (Register 84, No. 8).
§80041.4. Requirements and Procedures for Agencies Recommending for Designated Subjects Credentials for Adult Education. [Repealed]
Note • History
NOTE
Authority cited: Sections 44225 and 44225(b), Education Code. Reference: Sections 44259 and 44260, Education Code.
HISTORY
1. New section filed 6-5-79; effective thirtieth day thereafter (Register 79, No. 23).
2. Repealer filed 2-23-84; effective thirtieth day thereafter (Register 84, No. 8).
§80042. Specific Requirements for Programs of Personalized Preparation for the Designated Subjects Vocational Education Teaching Credential. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44260.1 and 44260.5, Education Code.
HISTORY
1. Repealer filed 2-27-80; effective thirtieth day thereafter (Register 80, No. 9).
2. New section filed 4-10-95; operative 5-10-95 (Register 95, No. 15).
3. Change without regulatory effect repealing section filed 5-11-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 20).
§80042.5. Timeline for Submission of Revised Programs of Personalized Preparation for the Designated Subjects Vocational Education Teaching Credential. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44260.1 and 44260.5, Education Code.
HISTORY
1. New section filed 4-10-95; operative 5-10-95 (Register 95, No. 15).
2. Change without regulatory effect repealing section filed 5-11-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 20).
§80043. Statement of Employment and Verification of Qualifications.
Note • History
(a) When considering an application for an Eminence Credential, the Commission shall be guided by the following definition of an eminent individual: The eminent individual is recognized as such beyond the boundaries of his or her community, has demonstrably advanced his or her field and has been acknowledged by his or her peers beyond the norm for others in the specific endeavor. The employing school district shall demonstrate how the eminent individual will enrich the educational quality of the school district and not how he or she will fill an employment need.
(b) Pursuant to Section 44262 of the Education Code, issuance of an Eminence Credential shall be based upon a recommendation from the governing board of the school district, a statement of employment, submission of the fee(s) established in Section 80487 and a verification of the applicant's eminence qualifications.
(1) The Statement of Employment in the district shall include the proposed assignment of the credential applicant, and a certification of the intention of the district to employ the applicant if granted an Eminence Credential.
(2) The verification of eminence qualifications of an applicant for an Eminence Credential shall include:
(A) Recommendations, which may be from, but need not be limited to, the following: professional associations; former employers; professional colleagues; any other individuals or groups whose evaluations would support eminence; and
(B) Documentation of achievement, which may include, but need not be limited to, the following: advanced degrees earned; distinguished employment; evidence of related study or experience; publications; professional achievement; and recognition attained for contributions to his or her field of endeavor.
(3) The Commission shall provide notice to the public of those individuals for whom it is considering issuing Eminence Credentials. Any association, group, or individual may provide the Commission with a written statement regarding the qualifications of an individual under consideration for an Eminence Credential.
(c) The Commission may assign certification staff the authority to review eminence applications to determine if an individual meets the definition of eminence pursuant to Section 44262 of the Education Code and (a) above.
(1) If staff concludes an applicant meets the definition, staff shall forward the application to the Commission for review and action at the next available meeting.
(2) If staff concludes an applicant does not meet the definition, staff shall deny the application.
(A) If the staff denies an application for eminence, the employing school district requesting the Eminence Credential may request that staff reconsider its determination upon submission of new evidentiary material relevant to the reason(s) for denial, that was not available at the time the application was initially submitted to the Commission.
(B) If staff determines that, based on the new supporting information, the applicant now meets the definition of eminence, staff shall forward the application to the Commission for review and action at the next available Commission meeting.
(C) If upon review of the new supporting information, staff determines that there is no new evidence that provides additional support of the applicant's eminence, the district's eminence application will be placed on the Commission's consent calendar with a staff recommendation for denial.
NOTE
Authority cited: Sections 44225 and 44253.9, Education Code. Reference: Section 44262, Education Code.
HISTORY
1. Amendment of section and Note filed 10-11-96; operative 11-10-96 (Register 96, No. 41).
2. Amendment of subsection (a) and new subsections (c)-(c)(2)(B) filed 3-11-99; operative 4-10-99 (Register 99, No. 11).
3. Amendment of subsections (c)(2)(A)-(B), new subsection (c)(2)(C) and amendment of Note filed 1-30-2003; operative 3-1-2003 (Register 2003, No. 5).
Note
A person may obtain an Eminence Credential if the subject or service in which the work is determined to exhibit eminence is one which a school board wishes to have taught or practiced in its district.
NOTE
Authority cited: Section 44225, Education Code.
§80045. Renewal of Eminence Credential.
Note • History
(a) The Commission staff shall renew an Eminence Credential for three years upon receipt of an application for renewal with a written statement of support from the governing board of the school district adopted in a public meeting and submission of the fee(s) established in Section 80487.
(b) The Commission staff shall issue a Professional Clear Eminence Teaching Credential at the end of five years of possession of the Eminence Credential with a written statement of support from the governing board of the school district adopted in a public meeting, submission of an application and the fee established in Section 80487.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44262, Education Code.
HISTORY
1. Amendment filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
2. Amendment filed 10-11-96; operative 11-10-96 (Register 96, No. 41).
3. Amendment of first paragraph, including addition of subsection (a) designator, and new subsection (b) filed 3-11-99; operative 4-10-99 (Register 99, No. 11).
§80046. Requirements for Teaching Adapted Physical Education. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 56363(b)(5) and 56100(f), Education Code.
HISTORY
1. New section filed 11-15-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 46). For history of former Section 80046, see Register 82, No. 45.
2. Change without regulatory effect amending section and Note filed 12-16-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 51).
3. Repealer filed 6-20-2011; operative 7-20-2011 (Register 2011, No. 25).
§80046.1. Requirements and Authorization for the Adapted Physical Education Added Authorization.
Note • History
(a) All individuals assigned to teach adapted physical education shall hold an Adapted Physical Education authorization. The requirements for the Adapted Physical Education Added Authorization includes:
(1) One of the following:
(A) A preliminary, clear, professional clear, or life California general education teaching credential based on a baccalaureate degree and a program of professional preparation including student teaching that authorizes the teaching of physical education in any grades K-12; or
(B) A preliminary, professional clear, Level I, Level II, clear or life special education teaching credential or a preliminary, clear, or life special education services credential with a special class authorization as listed in sections 80047 through 80047.9 provided that the individual has completed a minimum of twelve semester units, or the equivalent quarter units, in physical education content courses with a minimum of three- semester units, or the equivalent quarter units, in both kinesiology and motor development,
(2) Completion of a Commission-approved professional program for the Adapted Physical Education Added Authorization, based on the Education Specialist Teaching and Other Related Services Credentials Program Standards (rev. 3/11) available on the Commission's website and hereby incorporated by reference, including successful completion of supervised field study in adapted physical education, and
(3) Verification of completion from a Commission-approved program accredited by the Committee on Accreditation as provided in Education Code Section 44373(c).
(b) Period of Validity. The Adapted Physical Education Added Authorization, the Adapted Physical Education Specialist Credential, and the Adapted Physical Education Emphasis Credential remains valid as long as the appropriate prerequisite credential or authorization required in subsection (a)(1)(A) or (B) remains valid.
(c) Authorization. The Adapted Physical Education Added Authorization, the Adapted Physical Education Specialist Credential, and the Adapted Physical Education Emphasis Credential authorize the holder to conduct Educational Assessments related to student's progress towards meeting instructional physical education goals, provide instruction, and Special Education Support to teach students with special needs who are precluded from participation in the activities of the general physical education program or a specially designed physical education program in a special class, from birth through age 22, including preschool, and in classes organized primarily for adults.
(d) Definitions.
(1) “Educational Assessment”: Assessment of students in a comprehensive manner within the authorization of the added authorization using multiple sources of information and a variety of strategies that directly measure a student's performance to meet goals in areas of grade-level academic curriculum and/or functional goals designed to meet the Individualized Education Program (IEP), Individualized Family Service Program (IFSP), and/or Individualized Transition Plan (ITP) goals and objectives regarding eligibility and services that directly result from the student's disability according to state and federal accountability systems. The assessment process may include both formal and informal assessments to evaluate students' educational instruction needs and strengths for the purpose of making accommodations, modifications, and instructional decisions.
(2) “Special Education Support”: Support includes participation in the IEP, IFSP, and/or ITP process including planning and implementation of the student's IEP, IFSP, and/or ITP; providing consultative, collaborative, and coordinating instruction with students, parents, teachers including general education teachers, and other community and school personnel; planning, developing, and implementing instructional program plans relative and within the authorization of the added authorization. Special Education Support does not include providing speech, language and hearing, orientation and mobility, or audiology services found in Sections 80048.9, 80048.9.1, and 80048.9.2.
NOTE
Authority cited: Sections 44225 and 44265, Education Code. Reference: Sections 44273, 56363(b)(5) and 56100(f), Education Code.
HISTORY
1. New section filed 11-15-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 46).
2. Amendment of section heading, section and Note filed 6-20-2011; operative 7-20-2011 (Register 2011, No. 25).
§80046.5. Credential and Added Authorization Holders Authorized to Serve Students with Disabilities.
Note • History
Credential and added authorization holders who are authorized to serve students through age 22 with disabilities must possess a credential or added authorization that authorizes teaching the primary disability of the students within the special education setting as determined by the program placement recommendation contained within the Individualized Education Program, Individualized Family Service Program, and/or Individualized Transition Plan.
NOTE
Authority cited: Sections 22, 44225, and 56342, Education Code. Reference: Sections 44265, 44265.5, 44343, 44349, 56031, 56026, 56032, 56340-56347 and 56361.2, Education Code; and 20 USC 1401(3), (14), (15), (16), (29) and (30).
HISTORY
1. New section filed 12-22-86; designated effective 1-1-87 pursuant to Government Code Section 11346.2(d)(Register 86, No.52).
2. Amendment of section heading, section and Note filed 9-26-97; operative 10-26-97 (Register 97, No. 39).
3. Amendment of section heading, section and Note filed 5-27-2010; operative 6-26-2010 (Register 2010, No. 22).
§80047. Credentials, Certificates, and Authorizations to Provide Instructional Services to Students with Primary Disabilities: Specific Learning Disability or Mental Retardation (Mild/Moderate).
Note • History
Holders of the listed credentials, certificates, and authorizations are authorized to teach students with mild or moderate disabilities in which the primary disability is “specific learning disability” as defined in subsection 300.8(c)(10) of Title 34 Code of Federal Regulations, Subpart A or “mental retardation” as defined in subsection 300.8(c)(6) of Title 34, Code of Federal Regulations, Subpart A.
(a) Education Specialist Instruction Credential: Mild/Moderate Disabilities
(b) Education Specialist Instruction Credential, Certificate, and Added Authorization: Early Childhood Special Education
(c) Special Education Specialist Instruction Credential for the Learning Handicapped
(d) Standard Teaching Credential with the Minor-Mentally Retarded
(e) Restricted Special Education Credential-Educable Mentally Retarded
(f) Limited Specialized Preparation Credential-Mentally Retarded
(g) Special Secondary Credential-Mentally Retarded
(h) Exceptional Children Credential-Mentally Retarded
(i) Holders of the Education Specialist Instruction Credential: Language and Academic Development are authorized to teach students who fall within the disability categories in this section with academic communication and language needs in the following areas: language development, school readiness and social skills, and literacy development addressing competencies across the curriculum in listening, speaking, reading, writing, and academic areas
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44265 and 44343, Education Code; 34 C.F.R. 300.8(c)(6) and (10); and 20 USC 1401(3), (14), (15), (16), (29) and (30).
HISTORY
1. New section filed 12-22-86; designated effective 1-1-87 pursuant to Government Code Section 11346.2(d)(Register 86, No.52).
2. Amendment of section heading, section and Note filed 9-26-97; operative 10-26-97 (Register 97, No. 39).
3. Amendment of section heading and first paragraph, new subsection (b), subsection relettering and amendment of Note filed 5-27-2010; operative 6-26-2010 (Register 2010, No. 22).
4. Amendment of section heading, first paragraph and subsection (b) and new subsection (i) filed 8-4-2011; operative 9-3-2011 (Register 2011, No. 31).
§80047.1. Credentials, Certificates, and Authorizations to Provide Instructional Services to Students with Primary Disability: Mental Retardation (Moderate/Severe).
Note • History
Holders of the listed credentials, certificates, and authorizations are authorized to teach students with moderate or severe disabilities in which the primary disability is “mental retardation” as defined in subsection 300.8(c)(6) of Title 34 Code of Federal Regulations, Subpart A.
(a) Education Specialist Instruction Credential: Moderate/Severe Disabilities
(b) Education Specialist Instruction Credential, Certificate, and Added Authorization: Early Childhood Special Education
(c) Special Education Specialist Instruction Credential for the Severely Handicapped
(d) Standard Teaching Credential with the Minor-Mentally Retarded
(e) Restricted Special Education Credential--Trainable Mentally Retarded
(f) Limited Specialized Preparation Credential--Mentally Retarded
(g) Special Secondary Credential--Mentally Retarded
(h) Exceptional Children Credential--Mentally Retarded
(i) Holders of the Education Specialist Instruction Credential: Language and Academic Development are authorized to teach students who fall within the disability categories in this section with academic communication and language needs in the following areas: language development, school readiness and social skills, and literacy development addressing competencies across the curriculum in listening, speaking, reading, writing, and academic areas
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44265 and 44343, Education Code; 34 C.F.R. 300.8(c)(6); and 20 USC 1401(3), (14), (15), (16), (29) and (30).
HISTORY
1. New section filed 12-22-86; designated effective 1-1-87 pursuant to Government Code Section 11346.2(d)(Register 86, No.52).
2. Editorial correction restoring original text (Register 97, No. 32).
3. Amendment of section heading, section and Note filed 9-26-97; operative 10-26-97 (Register 97, No. 39).
4. Amendment of section heading and first paragraph, new subsection (b), subsection relettering and amendment of Note filed 5-27-2010; operative 6-26-2010 (Register 2010, No. 22).
5. Amendment of section heading, first paragraph and subsection (b) and new subsection (i) filed 8-4-2011; operative 9-3-2011 (Register 2011, No. 31).
§80047.2. Credentials, Certificates, and Authorizations to Provide Instructional Services to Students with Primary Disability: Emotional Disturbance.
Note • History
(a) Holders of the listed credentials, certificates, and authorizations are authorized to teach students with disabilities in which the primary disability is “emotional disturbance” as defined in subsection 300.8(c)(4) of Title 34 Code of Federal Regulations, Subpart A.
(1) Education Specialist Instruction Credential: Mild/Moderate Disabilities
(2) Education Specialist Instruction Credential: Moderate/Severe Disabilities
(3) Education Specialist Instruction Credential, Certificate, and Added Authorization: Early Childhood Special Education
(4) Special Education Specialist Instruction Credential for the Severely Handicapped
(5) Emotional Disturbance Added Authorization in Special Education
(6) Holders of the Education Specialist Instruction Credential: Language and Academic Development are authorized to teach students who fall within the disability categories in this section with academic communication and language needs in the following areas: language development, school readiness and social skills, and literacy development addressing competencies across the curriculum in listening, speaking, reading, writing, and academic areas
(7) The special education credentials, certificates, and authorizations, other than the credentials, certificates, and authorization in (1), (2), and (4) above, listed in Sections 80047 and 80047.1, provided the following conditions have been met:
(A) The holder of the special education credential has taught full-time for at least one year prior to September 1, 1991 in a special day class in which the primary disability was emotional disturbance, and
(B) Has received a favorable evaluation or recommendation to teach a special day class with the primary disability of emotional disturbance by the local employing agency.
(b) The holder of one of the special education credentials listed in Sections 80047 and 80047.1 who does not meet the requirements of (a) above shall be authorized to teach in a special day class in which the primary disability is emotional disturbance provided the following requirement is met: Completion of a Commission-approved program for students identified with emotional disturbance.
(c) An individual who has been assigned on the basis of (a)(7) or (b) prior to July 1, 2010, shall be authorized to continue in such assignment. Effective July 1, 2010, individuals shall not qualify under the provisions of (a)(7) or (b).
NOTE
Authority cited: Section 44225, Educational Code. Reference: Sections 44265 and 44343, Education Code; 34 C.F.R. 300.8(c)(4); and 20 USC 1401(3), (14), (15), (16), (29) and (30).
HISTORY
1. New section filed 12-22-86, designated effective 1-1-87 pursuant to Government Code Section 11346.2(d) (Register 86, No. 52).
2. Amendment filed 11-13-89; operative 12-13-89 (Register 89, No. 46).
3. Editorial correction of Section heading and subsection (a)(1) (Register 95, No. 9).
4. Amendment of section heading, section and Note filed 9-26-97; operative 10-26-97 (Register 97, No. 39).
5. Amendment of section heading, section and Note filed 5-27-2010; operative 6-26-2010 (Register 2010, No. 22).
6. Amendment of section heading and subsections (a) and (a)(3), new subsections (a)(5)-(6), subsection renumbering and amendment of subsection (c) filed 8-4-2011; operative 9-3-2011 (Register 2011, No. 31).
§80047.3. Credentials, Certificates, and Authorizations to Provide Instructional Services to Students with Primary Disability: Multiple Disabilities.
Note • History
Holders of the listed credentials, certificates, and authorizations are authorized to teach students with disabilities in which the primary disability is “multiple disabilities” as defined in subsection 300.8(c)(7) of Title 34 Code of Federal Regulations, Subpart A.
(a) Education Specialist Instruction Credential: Moderate/Severe Disabilities
(b) Education Specialist Instruction Credential: Physical and Health Impairments
(c) Education Specialist Instruction Credential, Certificate, and Added Authorization: Early Childhood Special Education
(d) Special Education Specialist Instruction Credential for the Severely Handicapped
(e) Standard Teaching Credential with the Minor-Mentally Retarded
(f) Restricted Special Education Credential-Trainable Mentally Retarded
(g) Limited Specialized Preparation Credential-Mentally Retarded
(h) Special Secondary Credential-Mentally Retarded
(i) Exceptional Children Credential-Mentally Retarded
(j) Special Education Specialist Instruction Credential for the Physically Handicapped
(k) Standard Teaching Credential with the Minor-Orthopedically Handicapped, including Cerebral Palsied
(l) Restricted Special Education Credential-Orthopedically Handicapped, including the Cerebral Palsied
(m) Limited Specialized Preparation Credential-Orthopedically Handicapped, including the Cerebral Palsied
(n) Exceptional Children Credential-Orthopedically Handicapped, including the Cerebral Palsied
(o) Holders of the Education Specialist Instruction Credential: Language and Academic Development are authorized to teach students who fall within the disability categories in this section with academic communication and language needs in the following areas: language development, school readiness and social skills, and literacy development addressing competencies across the curriculum in listening, speaking, reading, writing, and academic areas
NOTE
Authority: Section 44225, Education Code. Reference: Sections 44265 and 44343, Education Code; 34 C.F.R. 300.8(c)(7); and 20 USC 1401(3), (14), (15), (16), (29) and (30).
HISTORY
1. New section filed 12-22-86; designated effective 1-1-87 pursuant to Government Code Section 11346.2(d)(Register 86, No.52).
2. Amendment of section heading, section and Note filed 9-26-97; operative 10-26-97 (Register 97, No. 39).
3. Amendment of section heading and first paragraph, new subsection (c), subsection relettering and amendment of Note filed 5-27-2010; operative 6-26-2010 (Register 2010, No. 22).
4. Amendment of section heading, first paragraph and subsection (c) and new subsection (o) filed 8-4-2011; operative 9-3-2011 (Register 2011, No. 31).
§80047.4. Credentials, Certificates, and Authorizations to Provide Instructional Services to Students with Primary Disability: Autism.
Note • History
(a) Holders of the listed credentials, certificates, and authorizations are authorized to teach students with disabilities in which the primary disability is “autism” as defined in subsection 300.8(c)(1) (autistic) of Title 34 Code of Federal Regulations, Subpart A.
(1) Education Specialist Instruction Credential: Moderate/Severe Disabilities
(2) Clinical or Rehabilitative Services Credential in Language, Speech and Hearing, with Special Class Authorization
(3) Special Education Specialist Instruction Credential for the Severely Handicapped
(4) Special Education Specialist Instruction Credential for the Communication Handicapped provided the following conditions have been met:
(A) The holder has taught full-time for at least one year prior to September 1, 1991 in a special day class in which the primary disability was autism, and has received a favorable evaluation or recommendation to teach a special day class with the primary disability of autism by the local employing agency.
(B) An individual who has been assigned on the basis of (a)(4)(A) prior to July 1, 2010, shall be authorized to continue in such assignment. Effective July 1, 2010, no new individuals shall qualify under the provisions of (a)(4)(A).
(5) Education Specialist Instruction Credential, Certificate, and Added Authorization: Early Childhood Special Education
(6) Education Specialist Instruction Credential: Deaf and Hard-of-Hearing, Mild/Moderate Disabilities, Physical and Health Impairments, and Visual Impairments if the individual has completed the autism content found in section 80048.6(b)(8)
(7) Autism Spectrum Disorders Added Authorization in Special Education
(8) Holders of the Education Specialist Instruction Credential: Language and Academic Development are authorized to teach students who fall within the disability categories in this section with academic communication and language needs in the following areas: language development, school readiness and social skills, and literacy development addressing competencies across the curriculum in listening, speaking, reading, writing, and academic areas
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44265, 44265.3, 44268, and 44343, Education Code; 34 C.F.R. 300.8(c)(1); and 20 USC 1401(3), (14), (15), (16), (29) and (30).
HISTORY
1. New section filed 12-22-86; designated effective 1-1-87 pursuant to Government Code Section 11346.2(d) (Register 86, No. 52).
2. Amendment filed 11-13-89; operative 12-13-89 (Register 89, No. 46).
3. Editorial correction of Section heading and restoring History Note 2 (Register 95, No. 9).
4. Amendment of section heading, section and Note filed 9-26-97; operative 10-26-97 (Register 97, No. 39).
5. Amendment of section heading and subsections (a) and (a)(3)-(4), new subsections (a)(4)(B)-(a)(7) and amendment of Note filed 5-27-2010; operative 6-26-2010 (Register 2010, No. 22).
6. Amendment of section heading and subsections (a) and (a)(5) and new subsection (a)(8) filed 8-4-2011; operative 9-3-2011 (Register 2011, No. 31).
§80047.5. Credentials to Provide Instructional Services to Students with Primary Disability: Speech or Language Impairment.
Note • History
Holders of the listed credentials are authorized to teach students with disabilities in which the primary disability is “speech or language impairment” as defined in subsection 300.8(c)(11) of Title 34 Code of Federal Regulations, Subpart A.
(a) Special Education Specialist Instruction Credential for the Communication Handicapped
(b) Clinical or Rehabilitative Services Credential in Language, Speech and Hearing with the Special Class Authorization
(c) Speech-Language Pathology Services Credential in Language, Speech and Hearing, with Special Class Authorization
(d) Standard Teaching Credential with the Minor-Speech and Hearing Handicapped
(e) Restricted Special Education Credential-Speech and Hearing Therapy
(f) Limited Specialized Preparation Credential-Speech and Hearing Handicapped
(g) Special Secondary Credential-Correction of Speech Defects
(h) Exceptional Children Credential-Speech Correction and Lip Reading
(i) Holders of the Education Specialist Instruction Credential: Language and Academic Development are authorized to teach students who fall within the disability categories in this section with academic communication and language needs in the following areas: language development, school readiness and social skills, and literacy development addressing competencies across the curriculum in listening, speaking, reading, writing, and academic areas
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44265, 44265.5, 44268 and 44343, Education Code; 34 C.F.R. 300.8(c)(11); and 20 USC 1401(3), (14), (15), (16), (29) and (30).
HISTORY
1. New section filed 12-22-86; designated effective 1-1-87 pursuant to Government Code Section 11346.2(d)(Register 86, No.52).
2. Amendment of section heading, section and Note filed 9-26-97; operative 10-26-97 (Register 97, No. 39).
3. Amendment of section heading, first paragraph and Note filed 5-27-2010; operative 6-26-2010 (Register 2010, No. 22).
4. New subsections (c) and (i) and subsection relettering filed 8-4-2011; operative 9-3-2011 (Register 2011, No. 31).
§80047.6. Credentials to Provide Instructional Services to Students with Primary Disability: Deafness or Hearing Impairment.
Note • History
Holders of the listed credentials are authorized to teach students with disabilities in which the primary disability is “deafness” or “hearing impairment”, as defined in subsections 300.8(c)(3) and 300.8(c)(5) of Title 34 Code of Federal Regulations, Subpart A.
(a) Education Specialist Instruction Credential: Deaf and Hard-of-Hearing
(b) Special Education Specialist Instruction Credential for the Communication Handicapped
(c) Standard Teaching Credential with the Minor-Deaf and Severely Hard-of-Hearing
(d) Restricted Special Education Credential-Deaf and Severely Hard-of-Hearing
(e) Limited Specialized Preparation Credential-Deaf and Severely Hard-of-Hearing
(f) Special Secondary Credential-Deaf
(g) Special Secondary Credential-Lip Reading
(h) Exceptional Children Credential-Deaf or Hard-of-Hearing
(i) Holders of the Education Specialist Instruction Credential: Language and Academic Development are authorized to teach students who fall within the disability categories in this section with academic communication and language needs in the following areas: language development, school readiness and social skills, and literacy development addressing competencies across the curriculum in listening, speaking, reading, writing, and academic areas
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44265, 44265.5(b) and 44343, Education Code; 34 C.F.R. 300.8(b)(3) and 300.8(c)(5); and 20 USC 1401(3), (14), (15), (16), (29) and (30).
HISTORY
1. New section filed 12-22-86; designated effective 1-1-87 pursuant to Government Code Section 11346.2(d)(Register 86, No.52).
2. Amendment of section heading, section and Note filed 9-26-97; operative 10-26-97 (Register 97, No. 39).
3. Amendment of section heading, first paragraph, subsection (b) and Note filed 5-27-2010; operative 6-26-2010 (Register 2010, No. 22).
4. New subsection (i) filed 8-4-2011; operative 9-3-2011 (Register 2011, No. 31).
§80047.7. Credentials and Authorizations to Provide Instructional Services to Students with Primary Disability: Deaf-Blindness.
Note • History
Holders of the listed credentials and authorizations are authorized to teach students with disabilities in which the primary disability is “deaf-blindness” as defined in subsection 300.8(c)(2) of Title 34 Code of Federal Regulations, Subpart A.
(a) Education Specialist Instruction Credential: Deaf and Hard-of-Hearing
(b) Education Specialist Instruction Credential: Visual Impairments
(c) Education Specialist Instruction Credential: Moderate/Severe Disabilities
(d) Special Education Specialist Instruction Credential for the Communication Handicapped
(e) Special Education Specialist Instruction Credential for the Visually Handicapped
(f) Special Education Specialist Instruction Credential for the Severely Handicapped
(g) Restricted Special Education-Deaf-Blind, and Severely Hard-of-Hearing
(h) Deaf-Blind Added Authorization in Special Education
(i) Holders of the Education Specialist Instruction Credential: Language and Academic Development are authorized to teach students who fall within the disability categories in this section with academic communication and language needs in the following areas: language development, school readiness and social skills, and literacy development addressing competencies across the curriculum in listening, speaking, reading, writing, and academic areas
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44265, 44265.5 and 44343, Education Code; 34 C.F.R. 300.8(c)(2); and 20 USC 1401(3), (14), (15), (16), (29) and (30).
HISTORY
1. New section filed 12-22-86; designated effective 1-1-87 pursuant to Government Code Section 11346.2(d)(Register 86, No.52).
2. Amendment of section heading, section and Note filed 9-26-97; operative 10-26-97 (Register 97, No. 39).
3. Amendment of section heading, first paragraph and Note filed 5-27-2010; operative 6-26-2010 (Register 2010, No. 22).
4. Amendment of section heading and first paragraph and new subsections (h)-(i) filed 8-4-2011; operative 9-3-2011 (Register 2011, No. 31).
§80047.8. Credentials to Provide Instructional Services to Students with Primary Disability: Visual Impairment Including Blindness.
Note • History
Holders of the listed credentials are authorized to teach students with disabilities in which the primary disability is “visual impairment including blindness” as defined in subsection 300.8(c)(13) of Title 34 Code of Federal Regulations, Subpart A.
(a) Education Specialist Instruction Credential: Visual Impairments
(b) Special Education Specialist Instruction Credential for the Visually Handicapped
(c) Special Education Specialist Instruction Credential for the Physically Handicapped that was issued prior to January 1, 1981, on the basis of completing a Commission-approved program in which the focus was the Visually Handicapped
(d) Standard Teaching Credential With the Minor-Visually Handicapped
(e) Restricted Special Education Credential-Visually Handicapped
(f) Limited Specialized Preparation Credential-Visually Handicapped
(g) Special Secondary Credential-Partially Sighted Child
(h) Special Secondary Credential-Blind
(i) Exceptional Children Credential-Visually Handicapped
(j) Holders of the Education Specialist Instruction Credential: Language and Academic Development are authorized to teach students who fall within the disability categories in this section with academic communication and language needs in the following areas: language development, school readiness and social skills, and literacy development addressing competencies across the curriculum in listening, speaking, reading, writing, and academic areas
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44265, 44265.5(a) and 44343, Education Code; 34 C.F.R. 300.8(c)(13); and 20 USC 1401(3), (14), (15), (16), (29) and (30).
HISTORY
1. New section filed 12-22-86; designated effective 1-1-87 pursuant to Government Code Section 11346.2(d)(Register 86, No.52).
2. Amendment of section heading, section and Note filed 9-26-97; operative 10-26-97 (Register 97, No. 39).
3. Amendment of section heading, first paragraph and Note filed 5-27-2010; operative 6-26-2010 (Register 2010, No. 22).
4. New subsection (i) filed 8-4-2011; operative 9-3-2011 (Register 2011, No. 31).
§80047.9. Credentials, Certificates, and Authorizations to Provide Instructional Services to Students with Primary Disability: Orthopedic Impairment, Other Health Impairment, or Traumatic Brain Injury.
Note • History
(a) Holders of the listed credentials are authorized to teach students with disabilities in which the primary disability is “orthopedic impairment”, as defined in subsection 300.8(c)(8) of Title 34 Code of Federal Regulations Subpart A, or “other health impairment” as defined in subsection 300.8(c)(9) of Title 34 Code of Federal Regulations, Subpart A, or “traumatic brain injury” as defined in subsection 300.8(c)(12) of Title 34 Code of Federal Regulations, Subpart A.
(1) Education Specialist Instruction Credential: Physical and Health Impairments
(2) Special Education Specialist Instruction Credential for the Physically Handicapped
(3) Standard Teaching Credential with the Minor-Orthopedically Handicapped, including the Cerebral Palsied
(4) Restricted Special Education Credential-Orthopedically Handicapped, including the Cerebral Palsied
(5) Limited Specialized Preparation Credential-Orthopedically Handicapped, including the Cerebral Palsied
(6) Exceptional Children Credential-Orthopedically Handicapped, including the Cerebral Palsied
(b) Holders of the listed credentials, certificates, and authorizations are authorized to teach students with disabilities in which the primary disability is “other health impairment” as defined in subsection 300.8(c)(9) of Title 34 Code of Federal Regulations, Subpart A.
(1) Education Specialist Instruction Credential: Mild/Moderate Disabilities
(2) Education Specialist Instruction Credential, Certificate, and Added Authorization: Early Childhood Special Education
(3) Other Health Impairment Added Authorization in Special Education
(c) Holders of the listed credentials, certificates, and authorizations are authorized to teach students with disabilities in which the primary disability is “traumatic brain injury” as defined in subsection 300.8(c)(12) of Title 34 Code of Federal Regulations, Subpart A.
(1) Education Specialist Instruction Credential, Certificate, and Added Authorization: Early Childhood Special Education
(2) Traumatic Brain Injury Added Authorization in Special Education
(d) Holders of the listed authorization are authorized to teach students with disabilities in which the primary disability is “orthopedic impairment”, as defined in subsection 300.8(c)(8) of Title 34 Code of Federal Regulations, Subpart A.
(1) Orthopedic Impairment Added Authorization in Special Education
(e) Holders of the Education Specialist Instruction Credential: Language and Academic Development are authorized to teach students who fall within the disability categories in this section with academic communication and language needs in the following areas: language development, school readiness and social skills, and literacy development addressing competencies across the curriculum in listening, speaking, reading, writing, and academic areas
NOTE
Authority cited: Sections 44225 and 56339, Education Code. Reference: Sections 44265, 44265.5(c) and 44343, Education Code; 34 C.F.R. 300.8(c)(8), (9) and (12); and 20 USC 1401(3), (14), (15), (16), (29) and (30).
HISTORY
1. New section filed 12-22-86; designated effective 1-1-87 pursuant to Government Code Section 11346.2(d)(Register 86, No.52).
2. Amendment of section heading, section and Note filed 9-26-97; operative 10-26-97 (Register 97, No. 39).
3. Amendment of section heading, subsections (a) and (b) and Note filed 5-27-2010; operative 6-26-2010 (Register 2010, No. 22).
4. Amendment of section heading and subsection (b) and new subsections (b)(2)-(e) filed 8-4-2011; operative 9-3-2011 (Register 2011, No. 31).
§80048. Specialist Instruction Credential.
Note
A Specialist Instruction Credential shall be issued initially only until the date of expiration of the valid appropriate teaching credential, but for not more than five years.
(a) A Specialist Instruction Credential shall be renewed only until the date of expiration of the valid teaching credential, but not more than five years.
NOTE
Authority cited: Section 44225, Education Code.
§80048.1. Specialist Teaching Credentials in Reading.
Note • History
(a) Requirements for the Restricted Specialist Teaching Credential in Reading for grades kindergarten through six.
(1) For initial issuance:
(A) Possession of a valid California teaching credential requiring a baccalaureate degree and teacher preparation, including student teaching.
(B) Possession of a Miller-Unruh Reading Certificate issued prior to June 30, 1987, pursuant to the Miller-Unruh Basic Reading Act of 1965, or passage of the National Teacher Examination for Reading Specialist (#30) and submission of an application for the Miller-Unruh Reading Certificate prior December 1, 1987.
(C) Letters from current or previous employers verifying completion of three years of teaching experience, including at least one year in a reading specialist position within the last five years.
(D) Official transcripts showing completion of the following college or university courses:
1. a basic course in the teaching of elementary school reading, and
2. a basic course in the teaching of elementary school language, and
3. a basic course in the diagnosis and remediation of reading disabilities, and
4. a course in directed clinical practice in the remediation of reading disabilities.
(E) The fee for initial issuance of this credential shall be one-half of the application fee as specified in Section 80487.
(2) Term: the Restricted Specialist Teaching Credential in Reading shall be initially issued and renewed for the period of time specified in Section 80048. Renewals shall be subject to submission of a completed credential application form and the fee as specified in Section 80487.
(3) Authorization: the Restricted Specialist Teaching Credential in Reading authorizes the holder to serve as a reading specialist in grades kindergarten through six.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44265, Education Code.
HISTORY
1. New section filed 11-30-87 as an emergency; operative 11-30-87 (Register 87, No. 49). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 3-30-88.
2. Emergency language filed 11-30-87 repealed by operation of Government Code Section 11346.1 on 3-30-88 (Register 88, No. 33).
3. New section filed 8-8-88; operative 9-7-88 (Register 88, No. 33).
§80048.2. Specific Requirements for Preliminary and Professional Clear Specialist Instruction Credential in Special Education. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44225, 44252, 44265, 44280, 44281, 44310, 44259(b)(4) and 44335, Education Code.
HISTORY
1. New section filed 9-4-90; operative 9-4-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 42).
2. Amendment of subsection (c) filed 9-21-92; operative 9-21-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 39).
3. Amendment of section heading, section and Note filed 9-26-97; operative 10-26-97 (Register 97, No. 39).
4. Repealer filed 5-27-2010; operative 6-26-2010 (Register 2010, No. 22).
§80048.3. Specific Requirements for the Level I Education Specialist Instruction Credential.
Note • History
(a) The minimum requirements for the level I Education Specialist Instruction Credential for applicants who complete a professional preparation program in California shall include (1) through (6):
(1) a baccalaureate or higher degree from a regionally accredited institution of higher education;
(2) the completion of a Commission-approved Education Specialist program of professional preparation, as appropriate to the specialty area(s) sought as provided in Education Code Section 44373(c);
(3) meet the basic skills requirement as described in Education Code Section 44252, unless exempt by statute;
(4) verification of subject-matter knowledge either by:
(A) passage of examination(s) as provided in Education Code Sections 44280, 44281, and 44282 or by completion of a subject-matter program as provided for in Education Code Section 44310 ; as appropriate for the multiple subject or single subject teaching credential; or
(B) candidates for the specialist category of Early Childhood Special Education or holders of a California clear, professional clear, or life teaching credential requiring a baccalaureate or higher degree and a program of professional preparation, including student teaching, are exempt from this subject matter competence requirement;
(5) demonstration of the study of alternative methods of developing English language skills, including the study of reading, as described in Education Code Section 44259(b)(4) and passage of the reading instruction competence assessment as provided in Education Code Section 44283;
(6) knowledge of the Constitution of the United States, as specified in Education Code Section 44335; and
(7) An individual who has completed requirements (1) through (6) above but is not currently employed as a teacher may apply for a Certificate of Eligibility which verifies completion of all requirements for the level I credential and authorizes the holder to seek employment.
(b) Period of Validity.
(1) A level I Education Specialist Instruction Credential issued on the basis of the completion of all requirements in subsection (a) is valid for five years.
(c) The last date that a program sponsor may admit a candidate to the Level I approved program is December 31, 2011 and the program shall be completed by January 31, 2013.
NOTE
Authority cited: Sections 44225, Education Code. Reference: Sections 44225, 44227(a), 44251, 44252, 44265, 44275.3, 44280, 44281, 44283, 44310, 44259(b)(4), 44335 and 44373(c), Education Code.
HISTORY
1. New section filed 9-26-97; operative 10-26-97 (Register 97, No. 39).
2. New subsections (c)-(c)(3)(D), subsection relettering, amendment of newly designated subsection (d)(1) and amendment of Note filed 10-8-99; operative 11-7-99 (Register 99, No. 41).
3. Repealer of subsections (b)-(d)(1) filed 1-31-2005; operative 3-2-2005 (Register 2005, No. 5).
4. Amendment of section heading, section and Note filed 5-27-2010; operative 6-26-2010 (Register 2010, No. 22).
§80048.3.1. Specific Requirements for Preliminary Level I and Professional Clear Level II Education Specialist Instruction Credential for Experienced Out-of-State Credentialed Teachers.
Note • History
(a) The minimum requirements for the five-year preliminary Level I Education Specialist Instruction Credential are all of the following, (1) through (7).
(1) Five years of full-time teaching experience in the disability area of the credential sought and in a state other than California.
(2) Rigorous performance evaluations.
(3) A valid special education teaching credential from another state, with a comparable authorization to the credential sought.
(4) Completion of a teacher preparation program, including student teaching, taken at a regionally accredited institution of higher education and appropriate to the disability area of the credential sought. The program must be approved by the appropriate state agency in the state where the program was completed.
(5) A baccalaureate or higher degree from a regionally accredited institution of higher education.
(6) An offer of employment as specified in 80048.3(a)(8). An individual who has completed all other requirements (1) through (7) but does not have an offer of employment may apply for a Certificate of Eligibility as specified in 80048.3(a)(9).
(7) Passage of the California Basic Educational Skills Test (CBEST) administered pursuant to Education Code §44252. A one-year nonrenewable Level I Education Specialist Instruction Credential may be issued to an applicant who has not passed the CBEST and has satisfied subsections (a)(1) through (a)(6) above and Title 5 §80071.4(c).
(b) The minimum requirements for the professional clear Level II Education Specialist Instruction Credential are both of the following:
(1) A five-year preliminary Level I Education Specialist Instruction Credential issued pursuant to subdivision (a)(1), and
(2) Completion of all requirements for the professional clear Level II Education Specialist Instruction Credential, as specified in Title 5 §80048.4.
(c) The following definitions apply to terms used in this section.
(1) Full-Time Teaching Experience: This is defined as teaching a minimum of 4 hours a day, unless the minimum statutory attendance requirement for the students served is less. Experience must be on a daily basis and for at least 75% of the school year. Experience may be accrued in increments of a minimum of one semester. No part-time or combination of teaching with other school employment will be accepted. All experience must be gained in public schools in states other than California while serving on that state's valid teaching credential that is comparable to the authorization sought. Experience may be gained in more than one state other than California. This experience must be verified on the official letterhead of the district or districts by the superintendent, assistant superintendent, director of personnel, or director of human resources in which the teacher was employed. Experience from outside of the United States will not be considered.
(2) Rigorous Performance Evaluations:
(A) The teaching effectiveness areas on the performance evaluations must include, but are not limited to, all of the areas, 1. through 4., below. If these areas are not included in the evaluations, the individual may submit a supplemental letter, on district letterhead, signed by the individual's principal or personnel officer in the district in which the evaluations took place. If an evaluation or supplemental letter cannot be obtained that includes all of the four areas, then the individual would not qualify under this section. Verification of the authenticity of the evaluation letters must be given in writing by a personnel officer in the district in which the evaluations took place.
1. The use of teaching strategies that motivates all students to engage in the learning process.
2. The ability to establish and maintain high standards for student behavior.
3. A demonstration of deep knowledge of the subject being taught and the use of appropriate instructional strategies that promote student understanding.
4. An ability to plan and implement a sequence of appropriate instructional activities.
(B) Evaluations of the teacher's performance for at least two of the years of teaching experience from a state other than California must be submitted with at least one evaluation within the last two years of the experience.
(C) Evaluation ratings must be satisfactory or better.
(d) An individual who has previously been issued a preliminary Level I Education Specialist Instruction Credential based on Education Code §44274 is not eligible for a credential issued under this section.
(e) An individual who has previously been issued a California preliminary Specialist Instruction Credential in Special Education is eligible for a credential issued under this section provided the following (1) and (2) are met.
(1) Verification of all provisions of (a), and
(2) If the individual has California public school teaching experience in the authorization of the credential sought, submission of the most recent rigorous performance evaluation.
(3) The credential will be valid five years from the date of application.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44252, 44265, 44274 and 44274.2, Education Code.
HISTORY
1. New section filed 12-16-99; operative 1-15-2000 (Register 99, No. 51).
§80048.4. Specific Requirements for the Level II Education Specialist Instruction Credential.
Note • History
(a) The minimum requirements for the level II Education Specialist Instruction Credential include all of the following:
(1) possession of a level I Education Specialist Instruction Credential;
(2) completion of the study of health education, as described in Education Code Section 44259(c)(4)(A);
(3) completion of the study of computer based technology, including the uses of technology in educational settings, as described in Education Code Section 44259(c)(4)(C);
(4) completion of a course of study that requires each candidate to demonstrate advanced level knowledge and skills that are different than the requirements for the approved level I Education Specialist Instruction Credential. The course of study shall include an individualized preparation program plan collaboratively developed by the candidate, the preparing institution and designee(s) of the employing school district, county office, or special education local planning area.
(A) a minimum of 3/4 of each candidate's program plan shall consist of coursework approved by the recommending institution of higher education, with the specific content, including planned field experiences, to be identified within the candidate's individualized preparation program plan.
(B) the remaining 1/4 of the unit credit for each candidate's individualized preparation program plan may consist of electives related to the areas of special education or general education selected from one or more of the following:
1. coursework provided by the preparing institution of higher education accredited by the Committee on Accreditation.
2. field experience elements within the accredited program which are in addition to academic credit given.
3. alternative training that provides knowledge and related skills presented by agencies approved jointly by the candidate's employing agency and the institution of higher education accredited for this program.
(5) completion of a Commission-approved professional preparation program accredited by the Committee on Accreditation in the Level II credential specialty area(s) sought, as provided in Education Code Section 44373(c); and
(6) a minimum of two years of successful experience in a full-time position in a public school or private school of equivalent status, while holding the level I Education Specialist Instruction Credential, as outlined in subsection (A) below and verified by the employing agency.
(A) Full-Time Teaching Experience: This is defined as teaching a minimum of 4 hours a day, unless the minimum statutory attendance requirement for the students served is less. Experience must be on a daily basis and for at least 75% of the school year. Experience may be accrued in increments of a minimum of one semester. No part-time or combination of teaching with other school employment will be accepted. All experience must be gained in public schools in California. The candidate shall be responsible for obtaining verification of this experience on the official letterhead of the district or districts by the superintendent, assistant superintendent, director of personnel, or director of human resources in which the teacher was employed.
(b) The individualized preparation program plan shall be filed with the preparing institution and may be revised as needed upon agreement by the candidate, the preparing institution, and the employing school district, county office, or special education local planning area.
(c) The last date that a program sponsor may admit a candidate to the Level II approved program is December 31, 2014 and the program shall be completed by January 31, 2019.
(d) Period of Validity.
(1) a level II Education Specialist Instruction Credential issued on the basis of the completion of all requirements in subsections (a) or (b) is valid for five years.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44225, 44227, 44251, 44259, 44265 and 44373, Education Code.
HISTORY
1. New section filed 9-26-97; operative 10-26-97 (Register 97, No. 39).
2. Amendment of section heading, section and Note filed 5-27-2010; operative 6-26-2010 (Register 2010, No. 22).
§80048.5. Early Childhood Special Education Added Authorization: Requirements and Period of Validity.
Note • History
(a) Requirements for the Early Childhood Special Education Added Authorization include both of the following:
(1) A preliminary, Level I, professional clear, clear, Level II, or life special education teaching credential as listed in 80047 through 80047.9; and
(2) Completion of a Commission-approved professional preparation program in the education specialist added authorization category for early childhood special education, based on the Education Specialist Teaching and Other Related Services Credentials Program Standards (rev. 3/11) available on the Commission's website and hereby incorporated by reference, including successful completion of supervised field study.
(b) Period of Validity. The Early Childhood Special Education Added Authorization remains valid as long as the appropriate prerequisite credential required in 80048.5(a)(1) remains valid.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44225, 44265 and 44373, Education Code.
HISTORY
1. New section filed 9-26-97; operative 10-26-97 (Register 97, No. 39).
2. Amendment of section heading, section and Note filed 6-20-2011; operative 7-20-2011 (Register 2011, No. 25).
§80048.6. Authorizations for Education Specialist Instruction Credentials and Special Education Added Authorization.
Note • History
(a) The following definitions apply to authorizations for Education Specialist Instruction Credentials and Special Education Added Authorizations:
(1) “Service across the continuum of program options available”; Pursuant to Education Code Sections 56031, 56360, and 56361, the continuum includes resource rooms or services; special education settings; general education settings; special schools; home/hospital settings; state hospitals; development centers; correctional facilities; non-public, non-sectarian schools and agencies as defined in Education Code Sections 56365 and 56366; and alternative and non-traditional instructional public school settings other than classrooms.
(2) “Developmental delay”: Student who needs special education and related services by experiencing a delay in one or more of the following: physical development, cognitive development, communication development, social or emotional development or adaptive development.
(3) “Hard-of-hearing or hearing loss includes unilateral or bilateral, whether fluctuating, conductive, sensorineural, and/or auditory neuropathy”: Hearing impairment or hearing loss, whether permanent or fluctuating, that adversely affects a child's educational performance but that is not included under the definition of deafness but may include problems involving the cochlea, the sensory organ of hearing.
(4) “Educational Assessment”: Assessment of students in a comprehensive manner within the authorization of the teaching credential or added authorization using multiple sources of information and a variety of strategies that directly measure a student's performance to meet goals in areas of grade-level academic curriculum and/or functional goals designed to meet the Individualized Education Program (IEP), Individualized Family Service Program, and/or Individualized Transition Plan goals and objectives regarding eligibility and services that directly result from the student's disability according to state and federal accountability systems. The assessment process may include both formal and informal assessments to evaluate students' educational instruction needs and strengths for the purpose of making accommodations, modifications, and instructional decisions.
(5) “Special Education Support”: Support includes participation in the IEP, Individualized Family Service Program, and/or Individualized Transition Plan process including planning and implementation of the student's IEP, Individualized Family Service Program, and/or Individualized Transition Plan; providing consultative, collaborative, and coordinating specially designed instruction with students, parents, teachers, and other community and school personnel; planning, developing, and implementing instructional program plans relative to and within the authorization of the credential or added authorization. Special education support does not include providing language, speech and hearing therapy, orientation and mobility, or audiology services.
(b) The following authorizations refer to the disabilities defined in Title 34 Code of Federal Regulations:
(1) The Education Specialist Instruction Credential: Mild/Moderate Disabilities authorizes the holder to conduct Educational Assessments related to student's access to the academic core curriculum and progress towards meeting instructional academic goals, provide instruction, and Special Education Support to individuals with a primary disability of specific learning disabilities, mild/moderate mental retardation, other health impairment, and emotional disturbance, in kindergarten, grades 1 - 12 through age 22, and classes organized primarily for adults in services across the continuum of program options available.
(2) The Education Specialist Instruction Credential: Moderate/Severe Disabilities authorizes the holder to conduct Educational Assessments related to student's access to the academic core curriculum and progress towards meeting instructional academic goals, provide instruction, and Special Education Support to individuals with a primary disability of autism, moderate/severe mental retardation, deaf-blind, emotional disturbance, and multiple disabilities, to students in kindergarten, grades 1 - 12 through age 22, and classes organized primarily for adults in services across the continuum of program options available.
(3) The Education Specialist Instruction Credential: Deaf and Hard-of-Hearing authorizes the holder to conduct Educational Assessments related to student's access to the academic core curriculum and progress towards meeting instructional academic goals, provide instruction, and Special Education Support to individuals with a primary or secondary disability of deaf or hard-of-hearing or deaf-blind, and services to students with a hearing loss that manifests itself in conjunction with additional disabilities including unilateral or bilateral, whether fluctuating, conductive, sensorineural, and/or auditory neuropathy, to students from birth through age 22, and classes organized primarily for adults in services across the continuum of program options available.
(A) Holders of Education Specialist Credentials in Deaf and Hard-of Hearing and previously issued credentials authorizing deaf and hard-of-hearing instructional services who were employed prior to July 1, 2010 to provide instructional services in American Sign Language (ASL) to general education students may continue to provide instructional services in the area of ASL. Effective July 1, 2010, no new special education credential holders may qualify using this provision.
(4) The Education Specialist Instruction Credential: Physical and Health Impairments authorizes the holder to conduct Educational Assessments related to student's access to the academic core curriculum and progress towards meeting instructional academic goals, provide instruction, and Special Education Support to individuals with a primary disability of orthopedic impairment, other health impairment, multiple disabilities, and traumatic brain injury, to students from birth through age 22, and classes organized primarily for adults in services across the continuum of program options available.
(5) The Education Specialist Instruction Credential: Visual Impairments authorizes the holder to conduct Educational Assessments related to student's access to the academic core curriculum and progress towards meeting instructional academic goals, provide instruction, and Special Education Support to individuals with a primary disability of visual impairment including blind and deaf-blind, to students from birth through age 22, and classes organized primarily for adults in services across the continuum of program options available.
(6) The Education Specialist Instruction Credential: Early Childhood Special Education authorizes the holder to conduct Educational Assessments related to student's access to the academic core curriculum and progress towards meeting instructional academic goals, and provide instructional and Special Education Support to students from birth through pre-kindergarten who are eligible for early intervention special education and related services, to individuals with a primary disability in specific learning disabilities, mild/moderate mental retardation, traumatic brain injury, other health impairment, autism, moderate/severe mental retardation, emotional disturbance, and multiple disabilities including developmental delay and a disabling medical condition in services across the continuum of program options available.
(7) The Early Childhood Special Education Added Authorization authorizes the holder to conduct Educational Assessments related to student's access to the academic core curriculum and progress towards meeting instructional academic goals and provide instructional and special Education Support to students from birth through pre-kindergarten who are eligible for early intervention special education and support with a primary disability in specific learning disabilities, mild/moderate mental retardation, traumatic brain injury, other health impairment, autism, moderate/severe mental retardation, emotional disturbance, and multiple disabilities including developmental delay and a disabling medical condition, in services across the continuum of program options available.
(8) The Education Specialist Instruction Credential: Language and Academic Development authorizes the holder to conduct Educational Assessments related to student's access to the academic core curriculum and progress towards meeting instructional academic goals, provide instruction, and Special Education Support to individuals as defined in subsections 300.8(c)(1) through (10), (12), and (13) and to students with expressive or receptive language disorders within subsection 300.8(c)(11) of Title 34 Code of Federal Regulations, Subpart A, with academic communication and language needs in the following areas: language development, school readiness and social skills, and literacy development addressing competencies across the curriculum in listening, speaking, reading, writing, and academic areas, in preschool, kindergarten, in grades 1 - 12 through age 22, and classes organized primarily for adults in services across the continuum of program options available. The Education Specialist Instruction Credential: Language and Academic Development authorizes the holder to provide instructional services to students with academic communication and language needs but does not take the place of speech and language services as defined in Education Code section 56333.
(9) Individuals enrolled in an education specialist teacher preparation program on or after January 1, 2010 who complete content in autism spectrum disorders are authorized to conduct Educational Assessments related to student's access to the academic core curriculum and progress towards meeting instructional academic goals, provide instruction, and Special Education Support to individuals with a primary disability of autism as defined in subsection 300.8(c)(1) of Title 34 Code of Federal Regulations, Subpart A, across the continuum of special education program options at the grade and age levels within the specialty area(s) of the education specialist credential held.
(10) Individuals who complete an education specialist teacher preparation program that includes content for teaching English learners as described in Education Code section 44259.5, are authorized to provide instruction for English language development in grades twelve and below, including preschool, and in classes organized for adults; and specially designed academic instruction in English within the subject area and grade level authorization of the Education Specialist Credential.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44259.5, 44265, 44265.5, 56031, 56360, 56361, 56365, and 56366, Education Code; 34 C.F.R. 300.8 (a), (b) and (c) and 300.39(a)(1)(i); and 20 USC 1401(3), (14), (15), (16), (29) and (30).
HISTORY
1. New section filed 9-26-97; operative 10-26-97 (Register 97, No. 39).
2. Amendment of section heading, section and Note filed 5-27-2010; operative 6-26-2010 (Register 2010, No. 22).
3. Amendment of subsection (a)(5), new subsection (b)(8) and subsection renumbering filed 8-4-2011; operative 9-3-2011 (Register 2011, No. 31).
§80048.7. Added Authorizations in Special Education.
Note • History
(a) Requirements for the Added Authorization in Special Education include all of the following:
(1) Possession of an internship, preliminary, professional clear, clear, or life special education teaching credential or a services credential with a special class authorization listed in sections 80047 through 80047.9;
(2) Completion of a Commission-approved professional preparation program in the education specialist specialty area requested, including successful completion of supervised field study;
(3) The applicant submits a completed Application for Credential Authorizing Public School Service (form 41-4, rev. 9/08) available on the Commission's website and hereby incorporated by reference, together with its related Instruction and Information Sheet (rev. 9/08) and Form 41-ECC (Explanation of Criminal Conviction or Pending Criminal Charge) (rev. 7/08).
(4) The fee as specified in Section 80487(a)(1).
(5) Verification of completion from a Commission-approved program accredited by the Committee on Accreditation in the authorization sought, as provided in Education Code Sections 44373(c) and 44259(b)(3).
(b) The added authorizations may be issued in the areas of autism spectrum disorders, deaf-blind, emotional disturbance, orthopedically impaired, other health impaired, and traumatic brain injury.
(c) If an individual holds an authorization to provide instructional services in an added authorization specialty area, the added authorization in special education cannot be issued.
(d) Authorization.
(1) The autism spectrum disorders added authorization authorizes the holder to conduct assessments, provide instruction, and special education related services to individuals with a primary disability of autism as defined in subsection 300.8(c)(1) of Title 34 Code of Federal Regulations, Subpart A, across the continuum of special education program options at the grade and age levels authorized by the prerequisite credential required in (a)(1).
(2) The deaf-blind added authorization authorizes the holder to conduct assessments, provide instruction, and special education related services to individuals with a primary disability of deaf-blind as defined in subsection 300.8(c)(2) of Title 34 Code of Federal Regulations, Subpart A, across the continuum of special education program options at the grade and age levels authorized by the prerequisite credential required in (a)(1).
(3) The emotional disturbance added authorization authorizes the holder to conduct assessments, provide instruction, and special education related services to individuals with a primary disability of emotional disturbance as defined in subsection 300.8(c)(4) of Title 34 Code of Federal Regulations, Subpart A, across the continuum of special education program options at the grade and age levels authorized by the prerequisite credential required in (a)(1).
(4) The orthopedic impairment added authorization authorizes the holder to conduct assessments, provide instruction, and special education related services to individuals with a primary disability of orthopedic impairment as defined in subsection 300.8(c)(8) of Title 34 Code of Federal Regulations, Subpart A, across the continuum of special education program options at the grade and age levels authorized by the prerequisite credential required in (a)(1).
(5) The other health impairment added authorization authorizes the holder to conduct assessments, provide instruction, and special education related services to individuals with a primary disability of other health impairment as defined in subsection 300.8(c)(9) of Title 34 Code of Federal Regulations, Subpart A, across the continuum of special education program options at the grade and age levels authorized by the prerequisite credential required in (a)(1).
(6) The traumatic brain injury added authorization authorizes the holder to conduct assessments, provide instruction, and special education related services to individuals with a primary disability of traumatic brain injury as defined in subsection 300.8(c)(12) of Title 34 Code of Federal Regulations, Subpart A, across the continuum of special education program options at the grade and age levels authorized by the prerequisite credential required in (a)(1).
(e) Period of Validity. The Added Authorization in Special Education shall remain valid as long as the appropriate prerequisite credential required in subsection (a)(1) remains valid.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44225(b), 44225(e), 44253, 44265 and 44373, Education Code; 34 C.F.R. Part 300.8; and 20 U.S.C. 1401(3) and 1401(30).
HISTORY
1. New section filed 7-3-2009; operative 7-3-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 27).
§80048.8. Specific Requirements for the Preliminary Education Specialist Instruction Credential.
Note • History
(a) The minimum requirements for the five-year preliminary Education Specialist Instruction Credential includes (1) through (10):
(1) a baccalaureate or higher degree from a regionally accredited institution of higher education;
(2) the completion of a Commission-approved preliminary Education Specialist program of professional preparation, as appropriate to the specialty area(s) sought; as provided in Education Code Section 44373(c).
(3) meet the basic skills requirement as described in Education Code Section 44252, unless exempt by statute;
(4) subject-matter knowledge by one of the following:
(A) passage of examination(s) as provided Education Code Sections 44280, 44281, and 44282 as appropriate for the multiple subject credential, or for the single subject credential in the areas of art, English, foreign language, mathematics including foundational-level mathematics, music, social science, or science including foundational-level general science and specialized science; or
(B) by completion of a subject matter program as provided in Education Code Section 44310 for the single subject credential in the areas of art, English, foreign language, mathematics including foundational-level mathematics, music, social science, or science including foundational-level general science and specialized science.
(C) holders of a California clear, professional clear, or life teaching credential requiring a baccalaureate or higher degree and a program of professional preparation, including student teaching, are exempt from the subject matter knowledge requirement.
(D) candidates for the education specialist credential in Early Childhood Special Education are exempt from the subject matter knowledge requirement.
(5) demonstration of the study of alternative methods of developing English language skills, including the study of reading, as described in Education Code Section 44259(b)(4) and passage of the reading instruction competence assessment as provided in Education Code Section 44283;
(6) knowledge of the Constitution of the United States, as specified in Education Code Section 44335;
(7) completion of the study of health education, as described in Education Code Section 44259(c)(4)(A);
(8) completion of the study of computer based technology, including the uses of technology in educational settings, as described in Education Code Section 44259(c)(4)(C);
(9) completion of the study of English learners as described in Education Code Section 44259.5(c); and
(10) The preliminary Education Specialist preparation program must develop a Transition Plan for each candidate prior to the completion of the preliminary program that will assist the developers of the Individualized Induction Plan (IIP).
(b) Period of Validity.
(1) A preliminary Education Specialist Instruction Credential issued on the basis of the completion of the requirements in subsection (a) is valid for five years.
(c) Definition.
(1) “Transition Plan”: The preliminary education specialist preparation program will develop a Transition Plan for each candidate prior to the completion of the preliminary program that will assist the developers of the IIP defined in Section 80048.8.1(d)(1). The Plan includes the individual's strengths and areas of need that can be addressed in the clear credential preparation program. The Plan facilitates the individual's transition from initial teacher preparation to a clear education specialist credential preparation program by building upon and providing opportunities for demonstration and application of the pedagogical knowledge and skills acquired in the preliminary credential preparation program.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44227(a), 44251, 44252, 44259, 44259.5, 44265, 44274, 44274.2, 44280, 44281, 44283, 44310, 44335 and 44373, Education Code.
HISTORY
1. New section filed 5-27-2010; operative 6-26-2010 (Register 2010, No. 22).
§80048.8.1. Specific Requirements for the Clear Education Specialist Instruction Credential.
Note • History
(a) The minimum requirements for the clear Education Specialist Instruction Credential for a candidate prepared in California include all of the following:
(1) possession of a preliminary or Level I Education Specialist Instruction Credential;
(2) Within 60 days of employment or, in the case of an individual who is not employed, prior to beginning a supported beginning teacher induction program, the candidate shall, in collaboration with the cooperating college or university, or the employer electing to employ the candidate, or the employer's designee, develop an Individualized Induction Plan (IIP) including supported induction and job related course of advanced preparation. Either the college or university or the employer may be the program sponsor. The IIP must meet the conditions in the subsections below;
(A) An approved IIP signed by the participating parties: the credential candidate, program coordinator from the Clear Credential program sponsor, and employer or designee. The IIP may be revised as needed upon agreement by same parties;
(B) A maximum of 12 semester units (or its equivalent) of coursework or professional development can be listed on the IIP or a combination of the two as determined in the IIP;
(C) A person not employed in a school setting may complete the Education Specialist Clear Credential requirements in an educational setting that is mutually acceptable to the parties signing the Individualized Induction Plan, so long as that setting allows demonstration of effective teaching and the menu of professional development options address all credentials that are being cleared; and
(D) If an individual holds more than one general or special education credential that requires the completion of an induction program for renewal, the Individualized Induction Plan (IIP) that guides the teacher's advanced preparation shall be written to clear all general and special education preliminary credentials held.
(b) Completion of a Commission-approved preparation program accredited by the Committee on Accreditation in the clear credential specialty area(s) sought, as provided in Education Code Section 44373(c).
(c) Period of Validity.
(1) A clear Education Specialist Instruction Credential issued on the basis of the completion of the requirements in subsections (a) and (b) is valid for five years.
(d) Definition.
(1) “Individualized Induction Plan”: Based on the Transition Plan defined in Section 80048.8(c)(1), the IIP includes appropriate professional development and/or course work designed to expand and apply the candidate's skills and knowledge. The scope of the IIP is determined by the teacher's educational setting and/or areas identified in the Transition Plan as areas of need. The IIP identifies the coursework, experiences, and/or tasks that must be completed while guiding the activities to support growth and improvement of professional practice.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44225, 44251, 44259, 44265 and 44373, Education Code.
HISTORY
1. New section filed 5-27-2010; operative 6-26-2010 (Register 2010, No. 22).
§80048.9. Speech-Language Pathology Services Credential in Language, Speech and Hearing.
Note • History
(a) The minimum requirements for the preliminary Speech-Language Pathology Services Credential include (1) through (5).
(1) Hold or has been recommended for a master's degree or higher in speech-language pathology from a regionally accredited institution of higher education. The master's degree program must be accredited by the American Speech-Language-Hearing Association's Council on Academic Accreditation;
(2) Completion of one of the following:
(A) a Commission-approved specialized and professional preparation program in speech-language pathology in Language, Speech and Hearing based on the Education Specialist Teaching and Other Related Services Credentials Program Standards (rev. 3/11) available on the Commission's website and hereby incorporated by reference, as provided in Education Code section 44373(c); or
(B) a professional preparation program in speech-language pathology services including successful completion of a supervised field work, or the equivalent, in a program taken outside California that is comparable to a program accredited by the Committee on Accreditation. The program must be from a regionally accredited institution of higher education and approved by the appropriate state agency where the course work was completed;
(3) Meet the basic skills requirement as described in Education Code Section 44252, unless exempt by statute;
(4) One of the following:
(A) an individual who completes his or her professional preparation program in California as described in (a)(2)(A) must receive a recommendation from a California regionally accredited institution of higher education that has a preliminary Speech-Language Pathology Services program accredited by the Committee on Accreditation, as provided in Education Code section 44373(c); or
(B) an individual who completes his or her professional preparation program outside of California accredited as described in (a)(2)(B), may apply directly to the Commission for the preliminary Speech-Language Pathology Services Credential;
(5) An individual who completes requirements (a)(1) and (2)(B), but has not met the basic skills requirement listed in (a)(3) may apply for a one-year nonrenewable credential through a California employing agency.
(b) A Preliminary Speech-Language Pathology Services Credential in Language, Speech and Hearing issued on the basis of the completion of all the requirements in subsection (a) shall be issued initially for two years.
(c) The minimum requirements for the clear Speech-Language Pathology Services Credential in Language, Speech and Hearing shall include (1) through (3):
(1) Passing score on the Educational Testing Services Praxis II Speech-Language Pathology Test;
(2) Completion of a 36-week, full-time, mentored clinical experience or equivalent supervised practicum, and
(3) The holder of a preliminary credential who has completed the requirements for the clear credential may apply directly to the Commission for a clear Speech-Language Pathology Services Credential in Language, Speech, and Hearing;
(d) An individual who completes the requirements for the preliminary and clear credential may apply as listed below:
(1) for a California-prepared teacher, a recommendation for the clear credential by a Commission-approved program sponsor with a Speech-Language Pathology Services program accredited by the Committee on Accreditation; or
(2) the out-of-state prepared candidate may apply directly to the Commission.
(e) A Clear Speech-Language Pathology Services Credential in Language, Speech and Hearing issued on the basis of the completion of all the requirements in subsection (c) shall be issued initially for five years.
(f) A preliminary or clear Speech-Language Pathology Services Credential in Language, Speech and Hearing authorizes the holder to conduct Language, Speech, and Hearing Assessments and provide Educational Services, provide specific learning disability area services related to speech and language, and special education services to individuals with language and speech impairments across the special education disability areas, to students from birth through age 22 in services across the continuum of program options available found in Section 80048.9.3.
(g) Definitions.
(1) “Language, Speech, and Hearing Assessments”: Assessments includes procedures, techniques, and instrumentation, both formal and informal, used to assess the speech and language status of children and the implications of speech/language disorders in a school or educational setting. The assessment includes the screening, evaluation, and interpretation of test results and referrals for further evaluation for treatment.
(2) “Educational Services”: Educational Services include the development of speech and language goals and objectives and the delivery of speech and language services as determined by an Individual Education Program (IEP), Individual Family Service Program (IFSP), and/or Individual Transition Plan (ITP) developed by the educational team that directly result from the student's speech and language disability. The goals and objectives are driven by the specific speech and language disorder needs of the student in accordance with state and federal laws and regulations. Educational services include the use of information and strategies that measure student progress on goals, effectiveness of accommodations/modifications, and the need for any changes in speech and language support and services. Consultation, collaboration, and speech/language academic support with teachers in the student's speech and language-based academic success is included.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44251, 44252, 44265.3, 44273, 56301, 56320, 56322, 56333 and 56341, Education Code.
HISTORY
1. New section filed 6-20-2011; operative 7-20-2011 (Register 2011, No. 25).
§80048.9.1. Clinical or Rehabilitative Services Credential: Orientation and Mobility.
Note • History
(a) The minimum requirements for the clear Clinical or Rehabilitative Orientation and Mobility Services Credential include (1) through (5).
(1) Bachelor's degree and either a master's or higher degree or at least one year of applicable graduate-level course work which may or may not have resulted in an advanced degree in orientation and mobility or a closely related subject as determined by the Commission;
(2) Completion of one of the following:
(A) a specialized and professional preparation program in Orientation and Mobility taken in California and accredited by the Committee on Accreditation; or
(B) a professional preparation program in orientation and mobility services, including successful completion of a supervised field work, or the equivalent, taken outside California that is comparable to a program accredited by the Committee on Accreditation. The program must be from a regionally accredited institution of higher education and approved by the appropriate state agency where the course work was completed;
(3) Meet the basic skills requirement as described in Education Code Section 44252, unless exempt by statute;
(4) One of the following:
(A) an individual who completes his or her professional preparation program in California as described in (a)(2)(A) must receive a recommendation from a California regionally accredited institution of higher education that has a preliminary Orientation and Mobility Services program accredited by the Committee on Accreditation, as provided in Education Code Section 44373(c); or
(B) an individual who completes his or her professional preparation program outside of California as described in (a)(2)(B), may apply directly to the Commission for the preliminary Orientation and Mobility Services Credential; and
(5) An individual who has completed requirements (a)(1) and (2)(B), but has not met the basic skills requirement listed in (a)(3) may apply for a one-year nonrenewable credential through a California employing agency.
(b) A Clear Orientation and Mobility Services Credential issued on the basis of the completion of the requirements in subsection (a) shall be issued initially for five years.
(c) The Clinical or Rehabilitative Services Credential: Orientation and Mobility authorizes the holder to provide services to students who are blind, visually impaired, and deaf-blind individuals with age-appropriate, hands-on experiences and to allow them to learn how to navigate their natural travel settings including home, school and community, become independent travelers and assist in the development of a conceptual understanding of the environment to students from birth through age 22.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44251, 44252, 44268 and 44373, Education Code.
HISTORY
1. New section filed 5-27-2010; operative 6-26-2010 (Register 2010, No. 22).
§80048.9.2. Clinical or Rehabilitative Services Credential: Audiology.
Note • History
(a) All of the following for the clear credential:
(1) Master's or higher degree in audiology or a closely related subject as determined by the Commission;
(2) Completion of one of the following:
(A) a specialized and professional preparation program in audiology taken in California and accredited by the Committee on Accreditation; or
(B) a professional preparation program in audiology services, including successful completion of a supervised field work or the equivalent, taken outside California that is comparable to a program accredited by the Committee on Accreditation. The program must be from a regionally accredited institution of higher education and approved by the appropriate state agency where the course work was completed; or
(C) a valid Audiology License issued by the State of California;
(3) Meet the basic skills requirement as described in Education Code Section 44252, unless exempt by statute;
(4) One of the following:
(A) an individual who completes his or her professional preparation program in California as described in (a)(2)(A) must receive a recommendation from a California regionally accredited institution of higher education that has a clear Audiology Services program accredited by the Committee on Accreditation, as provided in Education Code section 44373(c); or
(B) an individual who completes his or her professional preparation program outside of California as described in (a)(2)(B) or holds the license as found in (a)(2)(C), may apply directly to the Commission for the preliminary Audiology Services Credential; and
(5) An individual who completes requirements (a)(1) and (2)(B), but has not met the basic skills requirement listed in (a)(3) may apply for a one-year nonrenewable credential through a California employing agency.
(b) A Clear Audiology Services Credential issued on the basis of the completion of the requirements in subsection (c) shall be issued initially for five years.
(c) The Clinical or Rehabilitative Services Credential: Audiology authorizes the holder to conduct audiologic assessments, provide instruction and management of individual and classroom amplification and assistive listening devices, central auditory processing testing, and related special education services to individuals with a primary or secondary disability of deaf or hard of hearing, deaf-blind, and a hearing loss that manifests itself in conjunction with additional disabilities including unilateral or bilateral, whether fluctuating, conductive, sensorineural, and/or auditory neuropathy, to students from birth through age 22 in services across the continuum of program options available.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44251, 44252, 44268 and 44373, Education Code.
HISTORY
1. New section filed 5-27-2010; operative 6-26-2010 (Register 2010, No. 22).
§80048.9.3. Definition of Continuum of Program Options for all Other Related Special Education Services Credentials.
Note • History
(a) The following definitions apply to authorizations for Services Credentials in sections 80048.9 through 80048.9.2.
(1) Service across the continuum of program options available includes: Pursuant to Education Code Sections 56061, 56360, and 56361, the continuum includes general education settings; clinical settings; resource rooms or services; special education settings; special schools; home/hospital settings; state hospitals; development centers; correctional facilities; nonpublic, non-sectarian schools and agencies as defined in Education Code Sections 56365 and 56366; and alternative and non-traditional instructional public school settings other than classrooms.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44225, 56061, 56360, 56361, 56365 and 56366; and 20 USC 1401(3), (14), (15), (16), (29) and (30).
HISTORY
1. New section filed 5-27-2010; operative 6-26-2010 (Register 2010, No. 22).
§80048.9.4. Special Class Authorization.
Note • History
(a) The minimum requirements for the Special Class Authorization include the following:
(1) A valid preliminary, professional clear, clear, or life Clinical or Rehabilitative Services or Speech-Language Pathology Services Credential in Language, Speech, and Hearing, Special Secondary Credential in Correction of Speech Defects, Exceptional Children Credential in Speech Correction and Lip Reading, Standard Teaching Credential with Minor in Speech and Hearing Handicapped, Standard Restricted Special Education in Speech and Hearing Therapy, and Standard Limited Specialized Preparation-Speech and Hearing Handicapped;
(2) One of the following:
(A) a Commission-approved Special Class Authorization program of professional preparation, based on the Education Specialist Teaching and Other Related Services Credentials Program Standards (rev. 3/11) available on the Commission's website and hereby incorporated by reference, as provided in Education Code Section 44373(c) or;
(B) a professional preparation program in Special Class Authorization or equivalent content, including successful completion of a supervised field work, or the equivalent, taken outside California that is comparable to a program accredited by the Committee on Accreditation. The program must be from a regionally accredited institution of higher education and approved by the appropriate state agency where the course work was completed;
(3) The basic skills requirement as described in Education Code Section 44252, unless exempt by statute;
(4) For the individual prepared in California, subject-matter knowledge by either one of the following:
(A) passage of examination(s) as provided in Education Code Sections 44280, 44281, and 44282 as appropriate for the multiple subject credential, or for the single subject credential in the areas of art, English, foreign language, mathematics including foundational-level mathematics, music, social science, or science including foundational-level general science and specialized science; or
(B) completion of a subject matter program as provided in Education Code Section 44310 for the single subject credential in the areas of art, English, foreign language, mathematics including foundational-level mathematics, music, social science, or science including foundational-level general science and specialized science; or
(C) holders of a California preliminary, clear, professional clear, or life teaching credential requiring a baccalaureate or higher degree and a program of professional preparation, including student teaching, are exempt from the subject matter knowledge requirement.
(5) For individuals prepared in California, the study of alternative methods of developing English language skills, including the study of reading, as described in Education Code Section 44259(b)(4) and passage of the reading instruction competence assessment as provided in Education Code Section 44283;
(6) The study of English learners as described in Education Code Section 44259.5(c);
(b) An individual who completes the requirements for the Special Class Authorization may apply as listed below:
(1) For a California-prepared teacher, verification from a Commission-approved program sponsor with a Special Class Authorization program; or
(2) the out-of-state prepared candidate may apply directly to the Commission.
(c) Period of Validity. The Special Class Authorization shall remain valid as long as the prerequisite credential required in (a)(1) remains valid.
(d) Authorization. The Special Class Authorization authorizes the holder to conduct Educational Assessments related to student's access to the academic core curriculum and progress towards meeting instructional academic goals, provide instruction, and Special Education Support to teach students with disabilities in which the primary disability is “speech or language impairment” as defined in subsection 300.8(c)(11) of Title 34 Code of Federal Regulations, Subpart A, as amended on October 30, 2007, to students from birth through age 22 in services across the continuum of program options available found in Section 80048.6(a)(1).
(e) Definitions.
(1) “Educational Assessment”: Assessment of students in a comprehensive manner within the authorization of the added authorization using multiple sources of information and a variety of strategies that directly measure a student's performance to meet goals in areas of grade-level academic curriculum and/or functional goals designed to meet the Individualized Education Program (IEP), Individualized Family Service Program (IFSP), and/or Individualized Transition Plan (ITP) goals and objectives regarding eligibility and services that directly result from the student's disability according to state and federal accountability systems. The assessment process may include both formal and informal assessments to evaluate students' educational instruction needs and strengths for the purpose of making accommodations, modifications, and instructional decisions.
(2) “Special Education Support”: Support includes participation in the IEP, IFSP, and/or ITP process including planning and implementation of the student's IEP, Individualized Family Service Program, and/or Individualized Transition Plan; providing consultative, collaborative, and coordinating instruction with students, parents, teachers, and other community and school personnel; planning, developing, and implementing instructional program plans relative and within the authorization of the credential or added authorization. Special Education Support does not include providing speech, language and hearing, orientation and mobility, or audiology services.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44251, 44252, 44259, 44273, 44280, 44281, 44282, 44283, 56301, 56320, 56322, 56333 and 56341 Education Code; 34 C.F.R. 300.8(c)(1) and (11); and 20 USC 1401(3) and (30).
HISTORY
1. New section filed 6-20-2011; operative 7-20-2011 (Register 2011, No. 25).
§80049. Specific Requirements for Professional Clear Services Credential with a Specialization in Pupil Personnel Services.
Note • History
(a) A Services Credential with a Specialization in Pupil Personnel Services may be issued in the following areas: School Counseling, School Social Work, School Psychology, and School Child Welfare and Attendance on the basis of the completion of all requirements in subsections (b) or (c). Individuals seeking the School Child Welfare and Attendance area must also hold or be issued concurrently an authorization in School Counseling, School Social Work, or School Psychology.
(b) The minimum requirements for the professional clear Pupil Personnel Services Credential for applicants who complete a professional preparation program in California shall include (1) through (4):
(1) a baccalaureate or higher degree except in professional education from a regionally accredited institution of higher education;
(2) the completion of a post baccalaureate professional preparation program accredited by the Committee on Accreditation in the requested pupil personnel services area of specialization, including successful completion of a supervised field practice appropriate to the specialization area, in a school setting in direct contact with pupils;
(3) passage of the California Basic Education Skills Test (CBEST) described in Education Code Section 44252(b); and
(4) the recommendation from a regionally accredited institution of higher education that has a program accredited by the Committee on Accreditation in the professional clear credential sought.
(c) The minimum requirements for the professional clear Pupil Personnel Services Credential for applicants who complete a professional preparation program outside California shall include (1) through (3). Applicants may apply directly to the Commission for the professional clear Pupil Personnel Services Credential under this section:
(1) a baccalaureate or higher degree except in professional education from a regionally accredited institution of higher education;
(2) passage of the California Basic Education Skills Test (CBEST) described in Education Code Section 44252(b); and
(3) the completion of a post baccalaureate professional preparation program comparable to a program accredited by the Committee on Accreditation in the requested pupil personnel services area of specialization, including successful completion of a supervised field practice appropriate to the specialization area, in a school setting in direct contact with pupils, but taken outside California. The program must be from a regionally accredited institution of higher education and approved by the appropriate state agency where the course work was completed;
(A) The professional preparation program of study for the school counseling specialization area must include a minimum of 30 semester units, or the equivalent in quarter units, of post baccalaureate study;
(B) The professional preparation program of study for the school social work specialization area must include a minimum of 45 semester units, or the equivalent in quarter units, of post baccalaureate study;
(C) The professional preparation program of study for the school psychologist specialization area must include a minimum of 60 semester, units or the equivalent in quarter units, of post baccalaureate study;
(D) The professional preparation program of study for the added school child welfare and attendance specialization area must include a minimum of 9 semester units, or the equivalent in quarter units of post baccalaureate study; and
(d) The professional clear Pupil Personnel Services Credential authorizes the services specified in Section 80049.1.
(e) The professional clear Pupil Personnel Services Credential issued on the basis of the completion of all requirements shall be dated per Title 5 Section 80553.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44252 and 44266, Education Code.
HISTORY
1. Repealer filed 12-10-98; operative 1-9-99 (Register 98, No. 50).
2. New section filed 10-27-99; operative 11-26-99 (Register 99, No. 44).
§80049.1. Authorization for Service.
Note • History
(a) A Services Credential with a specialization in Pupil Personnel Services authorizes the holder to perform pupil personnel services in the specialization(s) named, as described below, in grades 12 and below, including preschool, and in programs organized primarily for adults:
(1) The Pupil Personnel Services: School Counseling Credential authorizes the holder to develop, plan, implement and evaluate a school counseling and guidance program that includes academic, career, personal and social development; advocate for the higher academic achievement and social development of all students; provide school-wide prevention and intervention strategies and counseling services; provide consultation, training and staff development to teachers and parents regarding students' needs; and supervise a district-approved advisory program as described in Education Code Section 49600.
(2) The Pupil Personnel Services: School Social Work Credential authorizes the holder to assess home, school, personal and community factors that may affect a student's learning; identify and provide intervention strategies for children and their families including counseling, case management, and crisis intervention; consult with teachers, administrators and other school staff regarding social and emotional needs of students; and coordinate family, school and community resources on behalf of students.
(3) The Pupil Personnel Services: School Psychology Credential authorizes the holder to provide services that enhance academic performance; design strategies and programs to address problems of adjustment; consult with other educators and parents on issues of social development, behavioral and academic difficulties; conduct psycho-educational assessments for purposes of identifying special needs; provide psychological counseling for individuals, groups and families; and coordinate intervention strategies for management of individual and school-wide crises.
(4) The Pupil Personnel Services: Child Welfare and Attendance Credential authorizes the holder to access appropriate services from both public and private providers, including law enforcement and social services; provide staff development to school personnel regarding state and federal laws pertaining to due process and child welfare and attendance laws; address school policies and procedures that inhibit academic success; implement strategies to improve student attendance; participate in school-wide reform efforts; and promote understanding and appreciation of those factors that affect the attendance of culturally-diverse student populations.
(b) An individual holding any of the authorizations described in this section may serve as an administrator of a pupil personnel services program per Education Code Section 44270.2.
(c) Nothing in this section shall be construed to preclude school districts from utilizing community-based service providers, including volunteers, individuals completing counseling-related internship programs, and state licensed individuals and agencies to assist in providing pupil personnel services, provided that such individuals and agencies are supervised in their school-based activities by an individual holding a pupil personnel services authorization.
NOTE
Authority cited: Sections 44225 and 44266, Education Code. Reference: Sections 44252 and 44266, Education Code.
HISTORY
1. New section filed 10-27-99; operative 11-26-99 (Register 99, No. 44).
§80050. Specific Requirements for the Preliminary and the Professional Clear School Nurse Services Credential, Including Requirements for the Special Teaching Authorization in Health.
Note • History
(a) The minimum requirements for the preliminary School Nurse Services Credential shall include all of the following:
(1) a baccalaureate or higher degree from a regionally accredited institution of higher education; and
(2) a valid California license as a registered nurse.
(b) The minimum requirements for the professional clear School Nurse Services Credential shall include all of the following:
(1) Possession of a California Preliminary School Nurse Services Credential;
(2) a valid California license as a registered nurse;
(3) Two years or the equivalent of successful service as a school nurse; and
(4) The completion of a professional preparation program for the School Nurse Services Credential accredited by the Committee on Accreditation, including successful completion of supervised field experiences, and the recommendation of the candidate for the School Nurse Services Credential by the college or university where the program was completed.
(c) The minimum requirements for the Special Teaching Authorization in Health, which may be added to an existing credential or taken in conjunction with the requirements specified in (b) above, include all of the following:
(1) Possession of a valid professional clear (previously titled “clear”) California credential that authorizes service as a school nurse or completion of the requirements specified in (b) above;
(2) a valid California license as a registered nurse;
(3) Passage of the California Basic Educational Skills Test (CBEST); and
(4) The completion of a professional preparation program for the Special Teaching Authorization in Health accredited by the Committee on Accreditation, including successful completion of at least six post-baccalaureate semester units (or nine quarter units) of coursework and at least fifteen clock hours of observation and forty-five clock hours of student teaching specifically designed to prepare nurses to teach health, and the recommendation of the college or university where the program was completed.
(d) Authorizations:
(1) The School Nurse Services Credential authorizes the holder to perform the services as specified in Education Code section 49426.
(2) The Special Teaching Authorization in Health authorizes the holder to teach classes in health in preschool, kindergarten, grades 1 to 12, inclusive and classes organized primarily for adults as specified in Education Code 44267.5(d).
(e) The period of validity is as follows:
(1) The Preliminary School Nurse Services Credential shall be issued for five years.
(2) The Professional Clear School Nurse Services Credential shall be valid for the length of time specified in Title 5 Section 80553.
(3) The Special Teaching Authorization in Health shall be valid as long as the prerequisite credential authorizing school nurse services is valid.
NOTE
Authority cited: Section 44252, Education Code. Reference: Section 44267.5, Education Code.
HISTORY
1. Amendment filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 30).
2. Amendment of section heading and section filed 12-20-99; operative 1-19-2000 (Register 99, No. 52).
§80051. Services Credential with a Specialization in Health Services Other Than School Nurse.
Note • History
A professional clear Health Services Credential shall be issued upon verification of the possession of a valid license, certificate, or registration, appropriate to the health service to be designated, issued by the California agency authorized by law to license, certificate, or register persons to practice that health service in California. The professional clear Health Services Credential shall be dated per Title 5 Section 80553.
(a) The services under this section shall be limited to:
1. Physician (all specialties);
2. Dentist (all specialties);
3. Dental Hygienist; and
4. Optometrist.
NOTE
Authority cited: Sections 44225(b) and 44225(q), Education Code. Reference: Section 44267, Education Code.
HISTORY
1. Amendment of section heading, section and Note filed 12-10-98; operative 1-9-99 (Register 98, No. 50).
§80052. Authorization for Service.
Note
The credential issued under Sections 80050 and 80051 shall authorize the holder to serve in the area designated on the credential in preschool, kindergarten, and grades one through twelve.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44267, Education Code.
§80053. Services Credential Authorizing Service as a Library Media Service Teacher.
Note • History
(a) The minimum requirements for the professional clear Library Media Teacher Services Credential shall include all of the following:
(1) a baccalaureate degree from a regionally accredited institution of higher education;
(2) a valid basic California teaching credential as defined in Education Code Section 44203(c);
(3) completion of either A or B;
(A) A Commission-approved Library Media Teacher Services program; or
(B) Completion of an out-of-state Library Services program of at least 30 graduate semester units, approved by the appropriate state agency.
(4) passage of the California Basic Educational Skills Test as specified in Education Code section 44252(b).
(b) Authorization. The Library Media Teacher Services Credential authorizes the holder to instruct pupils in the choice and use of library materials; to plan and coordinate school library programs with the instructional programs of a school district; to select materials for school and district libraries; to coordinate or supervise library programs at the school, district or county level; to plan and conduct a course of instruction for those pupils who assist in the operation of school libraries; to supervise classified personnel assigned school library duties; and to develop procedures for and management of the school and district libraries.
(1) Holders of valid California teaching credentials based upon a baccalaureate degree who do not hold a credential authorizing services as a library media teacher may serve as library media teachers in public schools, provided that they are trained in their duties by a credentialed school library media teacher and supervised by an individual holding certification authorizing such supervision. Teachers employed to provide library services under this provision must, during the first year of service, either apply for the Library Media Teacher Services Emergency Permit and pursue enrollment in a Commission-accredited regional or distance-learning library media teacher services credential program, or submit to the county office of education a description of the factors that made it impossible to enroll in such a program. All teachers must obtain the Library Media Teacher Services Emergency Permit before the end of the second year of service under this provision.
(2) Nothing in this section shall be construed to preclude local governing boards from employing non-credentialed individuals to assist in the provision of library services, provided that the employment of non-credentialed personnel is not intended to supersede the requirement to include holders of the Library Media Teacher Services Credential or other credential authorizing library service pursuant to Education Code §44868 in the coordination and implementation of public school library programs. Services provided by non-credentialed personnel shall not include those activities requiring possession of a valid Library Media Teacher Services Credential, as specified in Subsection (b) of this section.
(c) The School Library Media Teacher Services Credential shall be issued on the basis of the completion of all requirements and shall be dated per Title 5 Section 80553.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44203(e), 44252(b) and (d), 44269 and 44868, Education Code.
HISTORY
1. Amendment filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 30).
2. Amendment filed 6-14-90; operative 7-14-90 (Register 90, No. 33).
3. Amendment of subsections (a)-(a)(3) and (c) and amendment of Note filed 12-10-98; operative 1-9-99 (Register 98, No. 50).
4. Amendment of subsection (b), new subsections (b)(1) and (b)(2), and amendment of subsection (c) and Note filed 3-7-2000; operative 4-6-2000 (Register 2000, No. 10).
§80054. Services Credential with a Specialization in Administrative Services; Requirements.
Note • History
(a) The minimum requirements for the preliminary Administrative Services Credential include (1) through (6).
(1) One of the following:
(A) a valid California teaching credential that requires a baccalaureate degree and a program of professional preparation, including student teaching or the equivalent; or
(B) a valid California designated subjects teaching credential provided the applicant also possesses a baccalaureate degree; or
(C) a valid California services credential in pupil personnel services, health services, library media teacher services, or clinical or rehabilitative services requiring a baccalaureate degree and a program of professional preparation, including field work or the equivalent;
(2) Completion of one of the following:
(A) a specialized and professional preparation program in administrative services taken in California and accredited by the Committee on Accreditation; or
(B) a professional preparation program in administrative services, including successful completion of a supervised field work or the equivalent, taken outside California that is comparable to a program accredited by the Committee on Accreditation. The program must be from a regionally accredited institution of higher education and approved by the appropriate state agency where the course work was completed; or
(C) one-year internship program in administrative services accredited by the Committee on Accreditation;
(3) Passage of the California Basic Education Skills Test (CBEST) described in Education Code Section 44252(b);
(4) Verification of one of the following:
(A) three years of successful, full-time teaching experience in the public schools, including, but not limited to, service in state- or county-operated schools, or in private schools of equivalent status; or
(B) three years of successful, full-time experience in the fields of pupil personnel, health, library media teacher, or clinical or rehabilitative services in the public schools, including, but not limited to, service in state- or county-operated schools, or in private schools of equivalent status;
(5) One of the following:
(A) verification of completion from a California preliminary administrative services program accredited by the Committee on Accreditation; or
(B) an individual who completed his or her professional preparation program outside of California as described in (a)(2)(B), may apply directly to the Commission for the preliminary Administrative Services Credential; and
(6) Verification of an offer of employment in a full- or part-time administrative position in a public school or private school of equivalent status.
(7) An individual who has completed requirements (1) through (5) but does not have an offer of employment may apply for a Certificate of Eligibility which verifies completion of all requirements for the preliminary Administrative Services Credential and authorizes the holder to seek employment.
(b) A Preliminary Administrative Services Credential issued on the basis of the completion of all the requirements in subsection (a) shall be issued initially only until the date of expiration of the valid prerequisite credential, as defined in (a)(1) of this section but for not more than five years. A Preliminary Administrative Services Credential that expired in less than five years shall be renewed until the date of expiration of the valid prerequisite credential, as defined in (a)(1) of this section but for not more than five years.
(c) A preliminary Administrative Services Credential authorizes the services specified in section 80054.5.
(d) The minimum requirements for the professional clear Administrative Services Credential shall include (1) through (4):
(1) Possession of a valid preliminary administrative services credential;
(2) Verification of two years of successful experience in a full-time administrative position in a California public school or California private school of equivalent status, while holding the preliminary administrative services credential;
(3) Completion of an individualized program of advanced administrative services preparation accredited by the Committee on Accreditation designed in cooperation with the employing agency and the college or university; and
(4) A recommendation from a California regionally accredited institution of higher education that has a professional clear administrative services program accredited by the Committee on Accreditation.
(e) A professional clear Administrative Services Credential issued on the basis of the completion of all requirements shall be dated per Title 5 Section 80553.
(f) A professional clear Administrative Services Credential authorizes the services specified in section 80054.5.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44065, 44252(b), 44270, 44270.1, 44372 and 44373, Education Code.
HISTORY
1. Amendment filed 2-7-80; effective thirtieth day thereafter (Register 80, No. 6).
2. Amendment of section heading, section and Note filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).
3. Amendment of subsection (a)(5)(A) filed 12-9-2002; operative 1-8-2002 (Register 2002, No. 50).
§80054.5. Services Credential with a Specialization in Administrative Services; Authorization.
Note • History
(a) An individual must hold a Services Credential with a Specialization in Administrative Services to provide the services described below in grades twelve and below, including preschool, and in classes organized primarily for adults:
(1) evaluating quality and effectiveness of instructional services at the school site level,
(2) evaluation of certificated personnel employed at the school site level, with the exception of the site administrator, and
(3) student and employee discipline services of certificated personnel at the school site level as found in subsections (b)(3) and (4) of this section.
(b) The holder of a Services Credential with a Specialization in Administrative Services may provide the services described below in grades twelve and below, including preschool, and in classes organized primarily for adults.
(1) Development, coordination, and assessment of instructional programs;
(2) Evaluation of certificated and classified personnel;
(3) Student discipline, including but not limited to suspension and expulsion, pursuant to Article 1 of Chapter 6 of Part 27 of Division 4 of Title 2 of the Education Code commencing with Section 48900;
(4) Certificated and classified employee discipline, including but not limited to suspension, dismissal, and reinstatement, pursuant to Chapters 4 and 5 of Part 25 of Division 3 of the Education Code commencing with Section 44800;
(5) Supervision of certificated and classified personnel;
(6) Management of school site, district or county level fiscal services;
(7) Recruitment, employment, and assignment of certificated and classified personnel; and
(8) Development, coordination, and supervision of student support services including but not limited to extracurricular activities, pupil personnel services, health services, library services, and technology support services.
(c) Nothing in these regulations is intended to impinge upon the authority of the local governing board to authorize classified personnel to supervise other classified employees.
(d) Nothing in these regulations is intended to limit the employment and assignment authority of local governing boards under Education Code Sections 44270.2, 44065(d), 44069(c), 44834, or any other provision that may provide local discretion in the assignment of personnel.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44065, 44069, 44270.2, 48900 and 44834, Education Code.
HISTORY
1. New section filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).
2. New subsections (a)-(a)(3), subsection relettering and amendment of newly designated subsection (b) filed 12-23-2002; operative 1-22-2003 (Register 2002, No. 52).
§80055. Internship Credential.
Note • History
An Internship Credential may be renewed for one year upon a showing that extenuating circumstances have prevented its completion within a two-year period. Such circumstances shall include, but not be limited to, illness, military service, and other factors not within control of the applicant.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44348 and 44456, Education Code.
HISTORY
1. Amendment filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
§80055.1. Exchange Certificated Credential.
Note • History
(a) Requirements. A school district governing board that proposes to employ an exchange certificated employee shall:
(1) Inform the applicant for the exchange position that an exchange certificated employee credential may be secured by submitting an application on the form prescribed by the Commission on Teacher Credentialing and personal identification cards, and
(2) Submit both (A) and (B) to the Commission:
(A) A statement verifying all of the following:
1. the position in which the governing board proposes to employ the applicant,
2. the dates of proposed employment,
3. facts showing that the applicant is an employee of a public school as required by Education Code Section 44853,
4. the district has given due consideration to the general qualifications and professional status of the proposed exchange employee as compared to the general qualifications and professional status of the employee to be exchanged, and
5. the district has official verification from the proper authorities mentioned in Education Code Section 44853 that the applicant is fit to perform the services required in the position.
(B) Submit to the Commission verification of passage of the California Basic Educational Skills Test (CBEST), as specified in Education Code Section 44252(b).
(b) Authorization for Service. This credential authorizes the holder to serve in a position requiring certification qualifications as specified on the credential in the school district proposing to employ the person.
(c) Term. This preliminary credential may be issued for a three-year period provided the exchange is maintained. An exemption of the CBEST shall be granted for up to one year. At the end of the assignment period, the exchange, with the consent of all parties, may be made complete and permanent provided that the governing board submits to the Commission facts showing that the holder meets all California minimum standards which would be required of an applicant for a regular credential authorizing that class or service.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44853 and 44830(l), Education Code.
HISTORY
1. Amendment and renumbering of Section 6670 in Part I to Section 80055.1 filed 3-8-78; effective thirtieth day thereafter (Register 78, No. 10).
2. Amendment filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
3. Change without regulatory effect amending section and Note filed 12-16-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 51).
§80055.2. Sojourn Certificated Employee Credential.
Note • History
(a) Requirements. A sojourn certificated employee credential may be issued to a person meeting minimum requirements upon submission by a California school district governing board of a completed application to the Commission on Teacher Credentialing. A completed application shall include all of the following:
(1) All information required by the application form provided by the Commission on Teacher Credentialing, including two personal identification cards with legible fingerprints and the required application fee.
(2) Transcripts, certificates, or other reasonable evidence of all education above United States high school level or equivalent, and showing at least 90 semester units of collegiate level study or equivalent, and all teaching experience.
(3) Certification by the governing board that the applicant is a bilingual-biliterate teacher fluent both in English and in the target language and employed as required by Education Code Section 44856 during the calendar year immediately preceding the date of application.
(4) Certification by the governing board that the applicant will be employed by the school district in a teaching assignment authorized by a sojourn certificated employee credential and that the applicant has been informed in writing of his or her employment status and renewal requirements.
(5) A statement in writing and signed by the applicant verifying knowledge of the general requirements for a regular credential and agreeing to diligently pursue completion of the said requirements.
(6) Verification of the passage of the California Basic Educational Skills Test (CBEST), as specified in Education Code Section 44252(b).
(b) Authorization for Service. This credential authorizes the holder to provide bilingual instruction, foreign language instruction, or cultural enrichment in the elementary and/or secondary grades of the employing California public school district in the subjects in which the applicant is academically competent to teach.
(c) Term. This credential shall be issued initially for two years. It may be renewed one year at a time for no more than a total of five such one year renewals upon completion of renewal requirements.
(d) Renewal. The sojourn certificated employee credential may be renewed for the first time upon application filed prior to the expiration date and verification of completion during the life of the credential of at least 12 semester units or equivalent of college or university coursework applicable toward meeting regular credential requirements and, in addition, pass an assessment which will verify competency in language and culture as appropriate to the target language. For each successive one year renewal, completion of a minimum of six additional semester or equivalent units shall be verified. Each one year renewal shall require verification by the employing district of the continued need for the services of the sojourn certificated employee as required by Education Code Section 44856.
(e) Conversion to Regular Teaching Credential. Four years of successful classroom teaching on the basis of a sojourn certificated employee credential, as demonstrated by continual employment in the public schools, shall be accepted as equivalent to the professional preparation program required in Education Code Section 44259(c). When all other requirements of Education Code Section 44259 have been met, a professional clear teaching credential may be issued. If all requirements except the fifth year of study after completion of a baccalaureate degree have been met, a preliminary credential may be issued.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44856 and 44252, Education Code.
HISTORY
1. Renumbering of Section 6671 in Part I to Section 80055.2 and amendment filed 5-30-78; effective thirtieth day thereafter (Register 78, No. 22).
2. Change without regulatory effect amending section and Note filed 12-16-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 51).
§80056. Methods for Obtaining a Credential; Completion of Approved Program or Its Equivalent; Reciprocity. [Renumbered]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44320 and 44321, Education Code.
HISTORY
1. Renumbering from Section 80056 to Section 80406 and amendment filed 1-11-79; effective thirtieth day thereafter (Register 79, No. 2).
§80057. Direct Application; When Permitted. [Renumbered]
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Renumbering from Section 80057 to Section 80430 and amendment filed 1-11-79; effective thirtieth day thereafter (Register 79, No. 2).
§80057.1. Subsumed Subjects Added as Supplementary Authorization. [Renumbered]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44256, Education Code.
HISTORY
1. New section filed 5-7-79; effective thirtieth day thereafter (Register 79, No. 19).
2. Amendment filed 5-31-79; effective thirtieth day thereafter (Register 79, No. 22).
3. Repealer of Section 80057.1 subsection (c) filed 6-20-80 as an emergency; designated effective 6-30-80 (Register 80, No. 25). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-28-80.
4. Certificate of Compliance including amendment filed 10-17-80 (Register 80, No. 42).
5. Renumbering and amendment of Section 80057.1 to Section 80089 filed 6-28-82; effective thirtieth day thereafter (Register 82, No. 27).
§80057.5. Adding Supplementary Authorizations to Teaching Credentials Used Predominantly in Elementary Schools.
Note • History
(a) The holder of a valid teaching credential specified in Education Code Section 44256(b) may have one or more of the subjects listed in subsection (c) added as a supplementary authorization. The candidate or an approved institution shall verify completion of either (1) or (2) below:
(1) 20 semester hours or 10 upper division semester hours of non-remedial collegiate course work in each subject from subsection (c) to be listed, or
(2) a collegiate major in a subject directly related to each subject from subsection (c) to be listed.
A “C” grade or above in any course used to meet the provisions of this section shall be required. Non-remedial coursework for the purposes of this section shall be defined as coursework that is applicable toward a bachelor's degree or a higher degree at a regionally accredited college or university.
(b) Candidates seeking supplementary authorization in any language other than English shall, in addition to requirements specified in subsection (a), submit verification of having either (1), (2), (3), or (4) below:
(1) passed the oral language portion of the Bilingual Certificate of Competence Examination in the language to be listed on the credential. Such verification shall be in the form of a letter from any institution or other educational agency, approved by the Commission as an assessor agency for the Bilingual Certificate of Competence. Whenever a written assessment instrument for a language other than Spanish is not available, a panel may be used by assessor agencies to assess a candidate's knowledge of the target language competencies, in accordance with Commission guidelines regulating assessment for languages other than Spanish, or
(2) passed the speaking and listening sections of Test 6 of the Crosscultural Language and Academic Development/Billingual Crosscultural Language and Academic Development (CLAD/BCLAD) Examinations described in Section 80015.3 in the language to be listed on the credential; or
(3) oral proficiency in the language to be listed on the credential at a level equivalent to that of a person with a bachelor's degree with a major in that language. This level of proficiency shall be verified by a letter from the Chair of the Language Department of a regionally accredited four year college or university, or
(4) oral proficiency in the language to be listed on the credential at the level required to complete a Bilingual Emphasis or Bilingual Crosscultural Language and Academic Development (BCLAD) Emphasis Credential Program as verified by a letter from a person authorized to issue such verification by the college or university that offers such a program.
(c) The following subjects may be added as supplementary authorizations to a valid teaching credential specified in Education Code Section 44256(b):
(1) Agriculture, including at least one course in each of the following areas: animal science, plant science, and agricultural mechanics;
(2) Art, including at least one course in each of the following areas: drawing and painting, art history or appreciation, and crafts;
(3) Business, including at least one course in each of the following areas: business management, business marketing or introduction to business, computer concepts and applications, economics, business communications or business English, and accounting;
(4) Computer Concepts and Applications, including at least one course in each of the following areas:software evaluation and selection, hardware operation and functions, and classroom uses of computers;
(5) English, including at least one course in each of the following areas: grammar or language structure, composition, and literature;
(6) A Language Other Than English (Specify), including at least one course in the language covering each of the following areas: grammar, composition, conversation, and literature;
(7) Health Science, including at least one course in each of the following areas: substance abuse (including alcohol, drug, and tobacco), family life education (including human sexuality, HIV/AIDS, and sexually transmitted diseases), nutrition, comprehensive school health systems or programs, and health education theory, behavior, or foundations;
(8) Home Economics, including at least one course in each of the following areas: food and nutrition, clothing, child development, and family life and parenting;
(9) Industrial Arts, including at least one course in each of the following areas: drafting or graphic arts, woods or metals, and electricity or electronics;
(10) Mathematics, including at least one course in each of the following areas (all course work shall be at least at a level for which intermediate algebra is a prerequisite): algebra, geometry, and development of the real number system or introduction to mathematics; or three courses in calculus or other mathematics courses for which algebra and geometry are prerequisites;
(11) Music, including at least one course in each of the following areas: vocal music, instrumental music, music history or appreciation, and music theory;
(12) Physical Education, including at least one course in each of the following areas: team sports and games, fundamental and creative movement skills (such as dance and gymnastics), human movement, motor development, and/or motor learning, and individual, dual, nontraditional and global sports and games (such as aquatics, conditioning, and archery);
(13) Science, including at least one course in each of the following areas: biological sciences, chemistry, geosciences, and physics; and
(14) Social Science, including at least one course in each of the following areas: United States history, California history, world history, geography, and United States government.
(d) Home Economics Supplementary Authorizations must include a laboratory component in one of the listed subject areas. The course of study must cover both subject areas of food and nutrition but a single course may be used to meet the requirement. The course of study must cover both subject areas of family life and parenting, but a single course may be used to meet the requirement.
(e) Science Supplementary Authorizations Authorized by 80057.5((c)13) shall include a one-year sequence of courses in at least two of the listed subject areas. At least one course must include a laboratory component.
(f) A subject specified in subsection (c) and listed on a teaching credential specified in Education Code Section 44256(b) as a supplementary authorization shall authorize the teaching of courses related to that subject in departmentalized classes in grades 9 and below.
(g) Applicants who are progressing toward completion of supplementary authorization requirements as they existed on July 1, 1996, shall have until July 1, 1998, to apply for said authorizations.
NOTE
Authority cited: Section 44225(b), Education Code. Reference: Section 44256(b), Education Code.
HISTORY
1. New section filed 3-26-81; effective thirtieth day thereafter (Register 81, No. 13).
2. Repealed by own terms effective 7-2-82 (Register 89, No. 9).
3. New section filed 12-9-88; operative 1-8-89 (Register 89, No. 9)
4. Editorial correction of Authority cite (Register 95, No. 9).
5. Amendment of section and Reference cite filed 3-9-95; operative 4-10-95 (Register 95, No. 10).
6. Amendment of subsections (c)(3), (c)(7)-(8) and (c)(12), new subsection (d), subsection relettering, and amendment of newly designated subsection (g) filed 10-29-96; operative 11-29-96 (Register 96, No. 44).
§80058. Methods for Adding Authorization to an Existing Credential Issued Under This Article. [Renumbered]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44256, 44259 and 44270, Education Code.
HISTORY
1. Renumbering from Section 80058 to Section 80499 and amendment filed 1-11-79; effective thirtieth day thereafter (Register 79, No. 2).
§80058.1. Reissuance of Credentials, Certificates, or Permits Granted on Preliminary, Postponement, Emergency, or Clear Basis. [Renumbered]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44344, Education Code.
HISTORY
1. Renumbering from Section 80058.1 to Section 80496 and amendment filed 1-11-79; effective thirtieth day thereafter (Register 79, No. 2).
§80058.2. Continuance and Extension of Service. [Repealed]
Note • History
NOTE
Authority cited: Section 44225(b), Education Code. Reference: Section 44344, Education Code.
HISTORY
1. New section filed 11-29-78; effective thirtieth day thereafter (Register 78, No. 48).
2. Repealer filed 6-1-2004; operative 7-1-2004 (Register 2004, No. 23).
§80059. Fifth Year of Study. [Renumbered]
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Renumbering from Section 80059 to subsections (a), (b) and (c) of Section 80424 and amendment filed 1-11-79; effective thirtieth day thereafter (Register 79, No. 2).
§80060. Appeal from Institutional Failure to Approve. [Renumbered]
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Renumbering from Section 80060 to subsection (d) of Section 80424 and amendment filed 1-11-79; effective thirtieth day thereafter (Register 79, No. 2).
§80061. Requirements for Teaching in Special Centers.
Note • History
Initial assignment to teach in a special center shall require one of the following: a Education Specialist Instruction Credential: Moderate/Severe Disabilities, a Special Education Specialist Instruction Credential authorizing the teaching of the Severely Handicapped, the Restricted Severely Handicapped Credential, the Life Development Center Instruction Permit, the Special Center Permit, or any other special education credential that, under previous laws and regulations, authorized teaching in programs for children who are severely handicapped as defined in Education Code Section 56030.5.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44256(c), 44265, 56030.5, 56364 and 56364.5, Education Code.
HISTORY
1. New section filed 1-17-86; effective thirtieth day thereafter (Register 86, No. 3). For history of former section, see Register 82, No. 45.
2. Change without regulatory effect amending section and Note filed 12-16-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 51).
§80061.1. Requirements for the Restricted Severely Handicapped Credential.
Note • History
(a) The requirements for the Restricted Severely Handicapped Credential shall include all of the following:
(1) A baccalaureate or higher degree from an accredited institution;
(2) Possession of a Special Center Permit or other permit or credential which authorizes service in a Special Center;
(3) Three years of successful employment in a special center;
(4) Completion of a Commission-approved program for the Special Education Specialist Instruction Credential authorizing the teaching of the severely handicapped; and
(5) Verification of passage of the California Basic Education Skills Test as specified in Education Code Section 44252.
(b) Period of Validity. The Restricted Severely Handicapped Credential is valid for five years and may be renewed with verification of two years of successful experience in a Special Center during the valid period of the credential being renewed, and completion of six semester units of collegiate course work related to special eduction completed during the five year period of validity.
(c) Authorization. The Restricted Severely Handicapped Credential authorizes the instruction, guidance, and care of children in a special center and not in a special class as both are used in Article 4, Section 56364.
NOTE
Authority cited: Section 44225(b), Education Code. Reference: Section 56364.5, Education Code.
HISTORY
1. New section filed 1-17-86; effective thirtieth day thereafter (Register 86, No. 3).
§80061.2. Requirements for the Special Center Permit.
Note • History
(a) The requirements for the Special Center Permit shall include all of the following:
(1) Possession of a permit which authorizes service in a Special Center;
(2) A minimum of two (2) years of successful full-time teaching experience in a position requiring the Special Center Permit;
(3) Sixty semester hours of college course work including eight semester hours selected from the following fields: specialized preparation to serve as a teacher of exceptional children, nursery education, early childhood education or child development. An applicant who has not completed the 60 semester hours of college work at the time his or her provisional permit expires has the right of appeal pursuant to Sections 80505-80522.
(b) Requirements for the renewal of the Special Center Permit shall include all of the following:
(1) Verification of two years of successful experience in a special center during the valid period of the permit;
(2) Verification of either of the following:
(A) Completion of nine semester units of collegiate course work leading to a degree and/or a credential; or
(B) Completion of an individualized program of staff development totaling not less than 150 clock hours. The individualized program will be signed by the applicants and the site administrator. Verification of completion will be in the form of a letter from the site administrator;
(3) Submission of an application form, verification of (b)(1) and (b)(2) above, and the fee as specified in Section 80487;
(c) Period of Validity:
The Special Center Permit is valid for five years and may be renewed as specified in subsection (b);
(d) Authorization:
The Special Center Permit authorizes the instruction guidance and care of children in a Special Center as defined in Education Code Sections 56364 and 56030.5.
NOTE
Authority cited: Sections 44225(b) and 56364.5, Education Code. Reference: Sections 56030.5 and 56364, Education Code.
HISTORY
1. New section filed 1-17-86; effective thirtieth day thereafter (Register 86, No. 3).
§80062. Direct Application for Preliminary Specialist Instruction Credential on or Before December 31, 1976, Based upon Experience. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44252, 44347, and 44348, Education Code.
HISTORY
1. Repealer filed 3-26-81; effective thirtieth day thereafter (Register 81, No. 13).
§80063. Direct Application for Clear Specialist Instruction Credentials. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44265 and 44274, Education Code.
HISTORY
1. Amendment of first paragraph filed 5-4-79; designated effective 6-4-79 (Register 79, No. 18).
2. Repealer filed 3-26-81; effective thirtieth day thereafter (Register 81, No. 13).
§80064. Specific Requirements for the Specialist Instruction Credential in Special Education with an Authorization to Teach Either the Learning Handicapped or the Severely Handicapped. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44265 and 44274, Education Code.
HISTORY
1. New subsection (c) filed 5-4-79; designated effective 6-4-79 (Register 79, No. 18).
2. Repealer filed 3-26-81; effective thirtieth day thereafter (Register 81, No. 13).
§80065. Specific Requirements for/and the Authorization of the Language Development Specialist Certificate. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44475-44479 and 44481, Education Code.
HISTORY
1. New section filed 9-30-85; effective thirtieth day thereafter (Register 85, No. 40). For history of former Section 80065, see Register 81, No. 13.
2. Amendment filed 3-10-89; operative 4-9-89 (Register 89, No. 11).
3. Change without regulatory effect repealing section filed 5-22-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 21).
§80065.1. Examination for the Language Development Specialist Certificate. [Repealed]
Note • History
NOTE
Authority cited: Sections 44475 and 52135, Education Code. Reference: Sections 44475-44479, 44481, 52130, 52131, 52134 and Section 52163, Education Code.
HISTORY
1. New section filed 9-30-85; effective thirtieth day thereafter (Register 85, No. 40). For history of former Section 80065.1, see Registers 82, No. 45, and 80, No. 9.
2. Change without regulatory effect repealing section filed 5-22-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 21).
§80066. Specific Requirements for the Professional Clear Reading and Language Arts Specialist Credential.
Note • History
(a) The minimum requirements for the professional clear Reading and Language Arts Specialist Credential for applicants who complete a professional preparation program in California shall include (1) through (3):
(1) possession of a valid basic California teaching credential as defined in Education Code Section 44203(e);
(2) completion of a post baccalaureate professional preparation program accredited by the Committee on Accreditation for the Reading and Language Arts Specialist Credential, including successful completion of supervised student teaching; and
(3) the recommendation from a regionally accredited institution of higher education that has a Reading and Language Arts Specialist program accredited by the Committee on Accreditation.
(b) The minimum requirements for the professional clear Reading and Language Arts Specialist Credential for applicants who complete a professional preparation program outside California shall include (1) and (2). Applicants may apply directly to the Commission for the professional clear Reading and Language Arts Specialist Credential under this section:
(1) possession of a valid basic California teaching credential as defined in Education Code Section 44203(e); and
(2) completion of a post baccalaureate professional preparation program comparable to a program accredited by the Committee on Accreditation for the Reading and Language Arts Specialist Credential, including successful completion of supervised student teaching, but taken outside California. The program must be from a regionally accredited institution of higher education and approved by the appropriate state agency where the course work was completed.
(c) The professional clear Reading and Language Arts Specialist Credential issued on the basis of the completion of all requirements shall be dated per Title 5 Section 80553.
(d) The Reading and Language Arts Specialist Credential authorizes the holder to assist and support the classroom teacher in reading instruction and teaching strategies, select and adapt reading instruction materials, plan and conduct reading staff development, assess student progress and monitor student achievement in reading, provide direct reading intervention work with students, and develop and coordinate reading programs at the school site, school district, or county level in grades twelve and below, including preschool, and in classes organized primarily for adults.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44203(e), 44225(d), 44225(e) and 44265, Education Code.
HISTORY
1. New section filed 5-23-2000; operative 6-22-2000 (Register 2000, No. 21). For prior history, see Register 81, No. 13.
§80067. Specific Requirements for the Professional Clear Early Childhood Education Specialist Instruction Credential.
Note • History
(a) The minimum requirements for the professional clear Early Childhood Education Specialist Instruction Credential for applicants who complete a professional preparation program in California shall include (1) through (3):
(1) possession of a valid California Multiple Subject, Standard Elementary or General Elementary Teaching Credential;
(2) completion of a post baccalaureate professional preparation program accredited by the Committee on Accreditation for the Early Childhood Education Specialist Instruction Credential, including successful completion of supervised student teaching appropriate to the specialization area; and
(3) the recommendation from a regionally accredited institution of higher education that has a program accredited by the Committee on Accreditation in the professional clear credential sought.
(b) The minimum requirements for the professional clear Early Childhood Education Specialist Instruction Credential for applicants who complete a professional preparation program outside California shall include (1) and (2). Applicants may apply directly to the Commission for the professional clear Early Childhood Education Specialist Instruction Credential under this section:
(1) possession of a valid California Multiple Subject, Standard Elementary or General Elementary Teaching Credential; and
(2) completion of a post baccalaureate professional preparation program comparable to a program accredited by the Committee on Accreditation for the Early Childhood Education Specialist Instruction Credential, including successful completion of supervised student teaching appropriate to the specialization area but taken outside California. The program must be from a regionally accredited institution of higher education and approved by the appropriate state agency where the course work was completed.
(c) Term.
The professional clear Early Childhood Education Specialist Instruction Credential issued on the basis of the completion of all requirements shall be dated per Title 5 Section 80553.
(d) Authorization.
The Early Childhood Education Specialist Instruction Credential authorizes the holder to develop and coordinate curriculum, develop programs and deliver staff development including age appropriate teaching methodologies for child development programs and early childhood education programs in grades three and below which are coordinated by school districts or county offices of education. This credential also authorizes teaching courses in child development in grades twelve and below and in classes organized primarily for adults.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 4225(b) and (e), 44256(c) and 44265, Education Code.
HISTORY
1. Amendment of section heading and new section filed 12-16-99; operative 1-15-2000 (Register 99, No. 51). For prior history, see Register 81, No. 13.
§80068. Specific Requirements for the Professional Clear Agriculture Specialist Instruction Credential.
Note • History
(a) The minimum requirements for the professional clear Agriculture Specialist Instruction Credential for applicants who complete a professional preparation program in California shall include (1) through (3):
(1) possession of a valid California Single Subject Teaching Credential in Agriculture, Standard Secondary Teaching Credential in Agriculture Science or Special Secondary Credential in Vocational Agriculture;
(2) completion of a post baccalaureate professional preparation program accredited by the Committee on Accreditation for the Agriculture Specialist Instruction Credential, including successful completion of supervised student teaching appropriate to the specialization area; and
(3) the recommendation from a regionally accredited institution of higher education that has a program accredited by the Committee on Accreditation in the professional clear credential sought.
(b) The minimum requirements for the professional clear Agriculture Specialist Instruction Credential for applicants who complete a professional preparation program outside California shall include (1) and (2). Applicants may apply directly to the Commission for the professional clear Agriculture Specialist Instruction Credential under this section:
(1) possession of a valid California Single Subject Teaching Credential in Agriculture, Standard Secondary Teaching Credential in Agriculture Science or Special Secondary Credential in Vocational Agriculture; and
(2) completion of a post baccalaureate professional preparation program comparable to a program accredited by the Committee on Accreditation for the Agriculture Specialist Instruction Credential, including successful completion of supervised student teaching appropriate to the specialization area but are taken outside California. The program must be from a regionally accredited institution of higher education and approved by the appropriate state agency where the course work was completed.
(c) Term.
The professional clear Agriculture Specialist Instruction Credential issued on the basis of the completion of all requirements shall be dated per Title 5 Section 80553.
(d) Authorization.
The Agriculture Specialist Instruction Credential authorizes the holder to teach agriculture in grades twelve and below, including preschool, and in classes organized primarily for adults. This credential also authorizes the holder to develop and coordinate curriculum, develop programs and deliver staff development for agriculture education programs coordinated by school districts or county offices of education.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225(b) and (e), 44256(c) and 44265, Education Code.
HISTORY
1. Amendment of section heading and new section filed 12-16-99; operative 1-15-2000 (Register 99, No. 51). For prior history, see Register 81, No. 13.
§80069. Specific Requirements for the Professional Clear Health Science Specialist Instruction Credential.
Note • History
(a) The minimum requirements for the professional clear Health Science Specialist Instruction Credential for applicants who complete a professional preparation program in California shall include (1) through (3):
(1) possession of a valid California teaching credential as defined in Education Code Section 44203(e);
(2) completion of a post baccalaureate professional preparation program accredited by the Committee on Accreditation for the Health Science Specialist Instruction Credential, including successful completion of supervised student teaching appropriate to the specialization area; and
(3) the recommendation from a regionally accredited institution of higher education that has a program accredited by the Committee on Accreditation in the professional clear credential sought.
(b) The minimum requirements for the professional clear Health Science Specialist Instruction Credential for applicants who complete a professional preparation program outside California shall include (1) and (2). Applicants may apply directly to the Commission for the professional clear Health Science Specialist Instruction Credential under this section:
(1) possession of a valid California teaching credential as defined in Education Code Section 44203(e); and
(2) completion of a post baccalaureate professional preparation program comparable to a program accredited by the Committee on Accreditation for the Health Science Specialist Instruction Credential, including successful completion of supervised student teaching appropriate to the specialization area but are taken outside California. The program must be from a regionally accredited institution of higher education and approved by the appropriate state agency where the course work was completed.
(c) Term.
The professional clear Health Science Specialist Instruction Credential issued on the basis of the completion of all requirements shall be dated per Title 5 Section 80553.
(d) Authorization.
The Health Science Specialist Instruction Credential authorizes the holder to teach health science in grades twelve and below, including preschool, and in classes organized primarily for adults. This credential also authorizes the holder to develop and coordinate curriculum, develop programs and deliver staff development for health science education programs coordinated by school districts or county offices of education.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225(b) and (e), 44256(c) and 44265, Education Code.
HISTORY
1. Amendment of section heading and new section filed 12-16-99; operative 1-15-2000 (Register 99, No. 51). For prior history, see Register 81, No. 13.
§80069.1. Specific Requirements for the Professional Clear Gifted Specialist Instruction Credential.
Note • History
(a) The minimum requirements for the professional clear Gifted Specialist Instruction Credential for applicants who complete a professional preparation program in California shall include (1) through (3):
(1) possession of a valid California teaching credential as defined in Education Code Section 44203(e);
(2) completion of a post baccalaureate professional preparation program accredited by the Committee on Accreditation for the Gifted Specialist Instruction Credential, including successful completion of supervised student teaching appropriate to the specialization area; and
(3) the recommendation from a regionally accredited institution of higher education that has a program accredited by the Committee on Accreditation in the professional clear credential sought.
(b) The minimum requirements for the professional clear Gifted Specialist Instruction Credential for applicants who complete a professional preparation program outside California shall include (1) and (2). Applicants may apply directly to the Commission for the professional clear Gifted Specialist Instruction Credential under this section:
(1) possession of a valid California teaching credential as defined in Education Code Section 44203(e); and
(2) completion of a post baccalaureate professional preparation program comparable to a program accredited by the Committee on Accreditation for the Gifted Specialist Instruction Credential, including successful completion of supervised student teaching appropriate to the specialization area but are taken outside California. The program must be from a regionally accredited institution of higher education and approved by the appropriate state agency where the course work was completed.
(c) Term.
The professional clear Gifted Specialist Instruction Credential issued on the basis of the completion of all requirements shall be dated per Title 5 Section 80553.
(d) Authorization.
The Gifted Specialist Instruction Credential authorizes the holder to develop and coordinate curriculum, develop programs and deliver staff development for agriculture education programs coordinated by school districts or county offices of education.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225(b) and (e), 44256(c) and 44265, Education Code.
HISTORY
1. New section filed 12-16-99; operative 1-15-2000 (Register 99, No. 51).
§80069.2. Specific Requirements for the Mathematics Instructional Added Authorization.
Note • History
(a) The minimum requirements for the Mathematics Instructional Added Authorization shall include (1) through (5):
(1) possession of a valid basic California teaching credential as defined in Education Code section 44203(e) and an English learner authorization;
(2) verification of three years of successful full-time teaching experience in any grades preschool through adult, exclusive of student teaching, intern teaching, or teaching while holding an emergency or teaching permit. The candidate shall be responsible for obtaining verification of this experience on the official letterhead of the district or districts by the superintendent, assistant superintendent, director of personnel, or director of human resources in which the teacher was employed;
(3) completion of a professional preparation program based on the Mathematics Instructional Added Authorization and Mathematics Instructional Leadership Specialist Credential Program Standards (rev. 3/11), available on the Commission's website and hereby incorporated by reference, accredited by the Committee on Accreditation as specified in Education Code section 44373(c) for the Mathematics Instructional Added Authorization, including successful completion of supervised field experience appropriate to the specialization area, at one of the levels specified below:
(A) mathematics content typically included in curriculum guidelines and textbooks up to and including Algebra I; or
(B) mathematics content typically included in curriculum guidelines and textbooks up to and including Algebra II;
(4) a completed application form as listed in section 80001(b)(2) and the appropriate fee as specified in section 80487(a)(1); and
(5) recommendation from a Commission-approved Mathematics Instructional Added Authorization program as specified in Education Code section 44227(b).
(b) Term.
The Mathematics Instructional Added Authorization issued on the basis of the completion of all requirements shall remain valid as long as the prerequisite credential listed in subdivision (a)(1) remains valid.
(c) Authorization. The Mathematics Instructional Added Authorization authorizes the holder to provide the following:
(1) to teach mathematics in grades twelve and below, including preschool and classes organized primarily for adults as follows:
(A) individuals who complete the program specified in (a)(3)(A) are authorized to teach the mathematics content typically included in curriculum guidelines and textbooks up to and including pre-Algebra; or
(B) individuals who complete the program specified in (a)(3)(B) are authorized to teach mathematics content typically included in curriculum guidelines and textbooks up to and including Algebra I.
(2) develop and coordinate mathematics curriculum; coach mathematics teachers; design and implement intensive mathematics interventions; teach teachers to effectively intervene, accommodate, and differentiate their mathematics instruction to increase student engagement and proficiency in mathematics; and develop programs and deliver staff development for mathematics education programs at the school site level.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225(b), 44225(e), 44227(b), 44256(c), 44265 and 44373(c), Education Code.
HISTORY
1. New section filed 9-22-2011; operative 9-22-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 38).
§80070. Specific Requirements for the Clear Mathematics Instructional Leadership Specialist Credential and the Mathematics Specialist Instruction Credential.
Note • History
(a) The minimum requirements for the clear Mathematics Instructional Leadership Specialist Credential for applicants who complete a professional preparation program in California shall include (1) through (5):
(1) possession of a valid basic California teaching credential as defined in Education Code section 44203(e) and an English learner authorization;
(2) verification of three years of successful full-time teaching experience in any grades preschool through adult, exclusive of student teaching, intern teaching, or teaching while holding an emergency or teaching permit. The candidate shall be responsible for obtaining verification of this experience on the official letterhead of the district or districts by the superintendent, assistant superintendent, director of personnel, or director of human resources in which the teacher was employed;
(3) completion of a post baccalaureate professional preparation program based on the Mathematics Instructional Added Authorization and Mathematics Instructional Leadership Specialist Credential Program Standards (rev. 3/11), available on the Commission's website and hereby incorporated by reference, accredited by the Committee on Accreditation as specified in Education Code section 44373(c) for the Mathematics Instructional Leadership Specialist Credential, including successful completion of supervised field experience appropriate to the specialization area, at one of the levels specified below:
(A) mathematics content typically included in curriculum guidelines and textbooks up to and including Algebra I; or
(B) mathematics content typically included in curriculum guidelines and textbooks up to and including Algebra II;
(4) a completed application form as listed in section 80001(b)(2) and the appropriate fee as specified in section 80487(a)(1); and
(5) the recommendation from a Commission-approved Mathematics Instructional Leadership Specialist Credential program as specified in section 44227(b).
(b) The minimum requirements for the clear Mathematics Specialist Instruction Credential for applicants who complete a professional preparation program outside California shall include (1) through (4). Applicants may apply directly to the Commission for the clear Mathematics Specialist Instruction Credential under this section:
(1) possession of a valid California teaching credential as defined in Education Code Section 44203(e) and an English learner authorization;
(2) verification of three years of successful full-time teaching experience in any grades preschool through adult, exclusive of student teaching, intern teaching, or teaching while holding an emergency or teaching permit. The candidate shall be responsible for obtaining verification of this experience on the official letterhead of the district or districts by the superintendent, assistant superintendent, director of personnel, or director of human resources in which the teacher was employed;
(3) completion of a post baccalaureate professional preparation program comparable to a program accredited by the Committee on Accreditation for the Mathematics Specialist Instruction Credential, including successful completion of supervised field experience appropriate to the specialization area but taken outside California. The program must be from a regionally accredited institution of higher education and approved by the appropriate state agency where the course work was completed; and
(4) a completed application form as listed in section 80001(b)(2) and the appropriate fee as specified in section 80487(a)(1).
(c) Term.
The clear Mathematics Instructional Leadership Specialist Credential and the Mathematics Specialist Instruction Credential issued on the basis of the completion of all requirements shall be dated as follows:
(1) if the basic teaching credential listed in (a)(1) or (b)(1) is valid for five years or less from the issuance date of the Mathematics Instructional Leadership Specialist Credential or the Mathematics Specialist Instruction Credential, the credential shall be valid from the issuance date established in section 80440 and will expire on the expiration date of the basic teaching credential.
(2) if the basic teaching credential listed in (a)(1) or (b)(1) is valid for more than five years from the issuance date of the Mathematics Instructional Leadership Specialist Credential or the Mathematics Specialist Instruction Credential, the credential shall be valid for five years from the issuance date established in section 80440 and will expire the first day of the following month.
(d) Authorization.
(1) The Mathematics Specialist Instruction Credential authorizes the holder to teach mathematics in grades twelve and below, including preschool, and in classes organized primarily for adults.
(2) The Mathematics Instructional Leadership Specialist Credential authorizes the holder to teach mathematics in grades twelve and below, including preschool and classes organized primarily for adults as follows:
(A) individuals who complete the program specified in (a)(3)(A) are authorized to teach the mathematics content typically included in curriculum guidelines and textbooks up to and including pre-Algebra; or
(B) individuals who complete the program specified in (a)(3)(B) are authorized to teach mathematics content typically included in curriculum guidelines and textbooks up to and including Algebra I.
(3) The Mathematics Specialist Instruction Credential and the Mathematics Instructional Leadership Specialist Credential also authorize the holder to:
(A) develop and coordinate mathematics curriculum;
(B) coach mathematics teachers;
(C) design and implement intensive mathematics interventions;
(D) teach teachers to effectively intervene, accommodate, and differentiate their mathematics instruction to increase student engagement and proficiency in mathematics;
(E) provide leadership in selecting the mathematics curricula and in developing a district-, county-or state-wide cadre of mathematics teacher leaders;
(F) analyze and use data to restructure school and district mathematics programs to increase students' college-readiness; and
(G) develop programs and deliver staff development for mathematics education programs coordinated by school districts or county offices of education.
(e) The clear Mathematics Specialist Instruction Credential specified in (b) shall not be initially issued after October 1, 2011. Individuals who are issued a Mathematics Specialist Instruction Credential on or before October 1, 2011 will be issued a Mathematics Instructional Leadership Specialist Credential with the authorizations specified in (d)(1) and (d)(3) upon renewal.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225(b), 44225(e), 44227(b), 44251, 44256(c), 44265 and 44373(c), Education Code.
HISTORY
1. Amendment of section heading and new section filed 12-16-99; operative 1-15-2000 (Register 99, No. 51). For prior history, see Register 81, No. 13.
2. Amendment of section heading, section and Note filed 9-22-2011; operative 9-22-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 38).
§80070.1. The Resource Specialist Added Authorization: Definition and Terms.
Note • History
(a) “Resource Specialist” as used in Section 80070.2(a)(2) is an individual who provided instruction and services as specified in subdivision (a) (1)-(5) below for two years prior to September 1, 1981; or provided instruction and services as specified in section 80070.5, for two years prior to June 30, 1983, including:
(1) Providing instruction and services for students whose needs were identified in a written Individualized Education Program (IEP), Individualized Family Service Program (IFSP), and/or Individualized Transition Plan (ITP) developed by a school appraisal team or an educational assessment service and who were assigned to general education classroom teachers for a majority of a school day.
(2) Providing information and assistance to individuals with exceptional needs and their parents.
(3) Providing consultation, resource information, and material regarding individuals with exceptional needs to their parents and to general education staff members.
(4) Coordinating the special education services provided each individual with exceptional needs served through the resource specialist program.
(5) Assessing student progress on a regular basis and revising IEPs, IFSP, ITP, as appropriate, and referring students who did not indicate appropriate progress to the educational assessment service.
(b) “Prerequisite Special Education Credential” as used in section 80070.2, 80070.3, 80070.4 and 80070.6 means a teaching or services credential that specifically authorizes the teaching of students with special needs as listed in 80047 through 80047.9. This includes the Speech-Language Pathology or Clinical and Rehabilitative Services Credential in Language, Speech and Hearing, including a Special Class Authorization. A Short-Term Staff Permit, Provisional Internship Permit, Emergency 30-Day Substitute Teaching Permit, Emergency Substitute Teaching Permit for Prospective Teachers, Emergency Career Substitute Teaching Permit, and Variable and Short-Term Waivers are not appropriate prerequisite documents.
(c) “Three or more years of teaching experience, including both general and special education teaching experience” as used in section 80070.3, 80070.4 and 80070.6 means full-time experience in one or more of the combinations specified in (1) through (6) below. All experience must be gained in public schools in California. The candidate shall be responsible for obtaining verification of this experience on the official letterhead of the employing agency by the superintendent, assistant superintendent, director of personnel, special education services region director, or the director of human resources in which the teacher was employed.
The minimum amount of general education classroom teaching experience required is one semester of student teaching. Various other general education classroom teaching experiences may be substituted. These may include such experience as summer school teaching in a general education classroom, or organized inservice programs designed to provide teaching experience with general education classroom students, conducted by a school district, or county office.
(1) One year of general education classroom teaching experience and two years of special education classroom teaching experience, or
(2) One year of special education classroom teaching experience and two years of general education classroom teaching experience, or
(3) Two and one-half years of general education classroom teaching experience and one semester or two quarters of full-time special education classroom teaching or student teaching, or
(4) Two and one-half years of special education classroom teaching experience and one semester or two quarters of full-time general education classroom teaching or student teaching, or
(5) Two years of general education classroom teaching experience and two semesters or three quarters of full-time special education classroom teaching or student teaching, or
(6) Two years of special education classroom teaching experience and two semesters or three quarters of full-time general education classroom teaching or student teaching.
(d) “Local plan” as used in sections 80070.3 and 80070.6 means a plan which meets the requirements commencing with Education Code section 56205 and is submitted by a school district, special education service region, or county office.
(e) “Educational Assessment”: as used in section 80070.5 includes assessment of students in a comprehensive manner within the authorization of the added authorization using multiple sources of information and a variety of strategies that directly measure a student's performance to meet goals in areas of grade-level academic curriculum and/or functional goals designed to meet the Individualized Education Program (IEP), Individualized Family Service Program (IFSP), and/or Individualized Transition Plan (ITP) goals and objectives regarding eligibility and services that directly result from the student's disability according to state and federal accountability systems. The assessment process may include both formal and informal assessments to evaluate students' educational instruction needs and strengths for the purpose of making accommodations, modifications, and instructional decisions.
(f) “Special Education Support”: as used in section 80070.5 includes participation in the Individualized Education Program (IEP), Individualized Family Service Program (IFSP), and/or Individualized Transition Plan (ITP) process including planning and implementation of the student's IEP, IFSP, and/or ITP; providing consultative, collaborative, and coordinating instruction with students, parents, teachers including general education teachers, and other community and school personnel; planning, developing, and implementing instructional program plans relative to and within the authorization of the added authorization. Special Education Support does not include providing speech, language and hearing, orientation and mobility, or audiology services found in Sections 80048.9, 80048.9.1, and 80048.9.2.
(g) “Service Across the Continuum of Program Options Available”: as used in section 80070.5 means pursuant to Education Code Sections 56031, 56360, and 56361, the continuum includes resource rooms or services; special education settings; general education settings; special schools; home/hospital settings; state hospitals; development centers; correctional facilities; non-public, non-sectarian schools and agencies as defined in Education Code Sections 56365 and 56366; and alternative and non-traditional instructional public school settings other than classrooms.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 56027, 56031, 56170, 56205, 56360, 56361, 56362 and 56362.5, Education Code.
HISTORY
1. New section filed 8-7-80 as an emergency; designated effective 9-5-80 (Register 80, No. 32). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-5-81.
2. Repealed by operation of Sections 11346.1, Government Code (Register 81, No. 23).
3. New section filed 6-3-81; effective thirtieth day thereafter (Register 81, No. 23).
4. Amendment of subsection (a) filed 6-3-83; effective thirtieth day thereafter (Register 83, No. 23).
5. Amendment of section heading, section and Note filed 6-20-2011; operative 7-20-2011 (Register 2011, No. 25).
§80070.2. The Clear Resource Specialist Added Authorization on Direct Application.
Note • History
(a) Requirements.
(1) A valid prerequisite special education credential as defined in section 80070.1(b).
(2) Provided resource specialist instruction and services as described in (A) or (B) and verified as listed in (C).
(A) Provided instruction and services as specified in Section 80070.1, subdivision (a) (1)-(5), for two years prior to September 1, 1981; or
(B) Provided instruction and services as specified in section 80070.5 below for two years prior to June 30, 1983.
(C) All experience must be gained in public schools in California. The candidate shall be responsible for obtaining verification of this experience on the official letterhead of the employing agency by the superintendent, assistant superintendent, director of personnel, special education services region director, or the director of human resources in which the teacher was employed.
(3) A completed credential application form as found in section 80001, the fee as specified in Section 80487(a)(1), and the experience specified in subsection (2) above.
(b) Period of Validity. A clear Resource Specialist Added Authorization authorizes service only if a valid prerequisite special education credential as found in section 80070.1(b), is held concurrently.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 56362 and 56362.5, Education Code.
HISTORY
1. New section filed 8-7-80 as an emergency; designated effective 9-5-80 (Register 80, No. 32). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-5-81.
2. Repealed by operation of Section 11346.1, Government Code (Register 81, No. 23).
3. New section filed 6-3-81; effective thirtieth day thereafter (Register 81, No. 23).
4. Amendment of subsection (a) filed 6-3-83; effective thirtieth day thereafter (Register 83, No. 23).
5. Amendment of section heading and section filed 6-20-2011; operative 7-20-2011 (Register 2011, No. 25).
§80070.3. The Preliminary Resource Specialist Added Authorization on Direct Application.
Note • History
(a) Requirements.
(1) A valid prerequisite special education credential as found in section 80070.1(b).
(2) Three or more years of teaching experience as defined in 80070.1(c).
(3) A written statement obtained by the candidate verifying that the candidate, if granted the Preliminary Resource Specialist, Added Authorization will be employed as a Resource Specialist and the candidate will engage in a course of study through a Commission-approved program or an approved program through a Special Education Service Region with a Comprehensive Local Plan to qualify for the clear Resource Specialist Added Authorization as described in section 80070.4 or 80070.6. The statement may include the individual completing the program in section 80070.6 until the sunset date of July 1, 2013.
(4) A completed credential application form as found in section 80001, the fee as specified in Section 80487(a)(1), and the experience and statement specified in (2) and (3) above.
(b) Period of Validity. The Preliminary Resource Specialist Added Authorization is valid for three years. The Added Authorization authorizes service only if a valid prerequisite special education credential or authorization as found in section 80070.1(b) is held concurrently. If the valid prerequisite requires renewal within the three-year issuance of the Preliminary, the Preliminary authorization will be continued only until the initial three-year period is completed. The Preliminary Resource Specialist Added Authorization is not renewable.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 56362 and 56362.5, Education Code.
HISTORY
1. New section filed 8-7-80 as an emergency; designated effective 9-5-80 (Register 80, No. 32). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-5-81.
2. Repealed by operation of Section 11346.1, Government Code (Register 81, No. 23).
3. New section filed 6-3-81; effective thirtieth day thereafter (Register 81, No. 23).
4. Amendment of section heading and section filed 6-20-2011; operative 7-20-2011 (Register 2011, No. 25).
§80070.4. The Clear Resource Specialist Added Authorization Issued on the Completion of Commission-Approved Resource Specialist Added Authorization Program.
Note • History
(a) Requirements.
(1) A valid prerequisite special education credential or authorization as defined in Section 80070.1(b).
(2) Three or more years of teaching experience, including both general and special education teaching experience, as defined in Section 80070.1(c).
(3) Completion of a Commission-Approved Resource Specialist Added Authorization program, based on the Education Specialist Teaching and Other Related Services Credentials Program Standards (rev. 3/11) available on the Commission's website and hereby incorporated by reference, as provided in Education Code Section 44373(c).
(4) A completed application form as found in section 80001, the fee as specified in Section 80487, and the teaching experience specified in (2).
(b) Period of Validity. A Clear Resource Specialist Added Authorization authorizes service only if a valid prerequisite special education credential or authorization as found in section 80070.1(b), is held concurrently.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44373, 56362 and 56362.5, Education Code.
HISTORY
1. New section filed 8-7-80 as an emergency; designated effective 9-5-80 (Register 80, No. 32). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-5-81.
2. Repealed by operation of Section 11346.1, Government Code (Register 81, No. 23).
3. New section filed 6-3-81; effective thirtieth day thereafter (Register 81, No. 23).
4. Amendment of section heading, section and Note filed 6-20-2011; operative 7-20-2011 (Register 2011, No. 25).
§80070.5. Authorization for the Resource Specialist Added Authorization.
Note • History
(a) The holder of a Preliminary or Clear Resource Specialist Added Authorization may conduct Educational Assessments, provide instruction and Special Education Support services to students across disability areas who are assigned to general education classroom teachers for a majority of a school day whose needs have been identified in an Individualized Education Program (IEP), Individualized Family Service Program (IFSP), and/or Individualized Transition Plan (ITP) developed by the IEP, IFSP, and ITP team from birth through age 22, and classes organized for adults across the continuum of program options available.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 56362 and 56362.5, Education Code.
HISTORY
1. New section filed 8-7-80 as an emergency; designated effective 9-5-80 (Register 80, No. 32). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-5-81.
2. Repealed by operation of Section 11346.1, Government Code (Register 81, No. 23).
3. New section filed 6-3-81; effective thirtieth day thereafter (Register 81, No. 23).
4. Amendment of section heading and repealer and new section filed 6-20-2011; operative 7-20-2011 (Register 2011, No. 25).
§80070.6. The Clear Resource Specialist Certificate of Competence from a Special Education Service Region with a Comprehensive Local Plan Approved by the Commission to Assess and Verify Completion for the Resource Specialist Added Authorization.
Note • History
(a) Requirements.
(1) A valid prerequisite special education credential or authorization as defined in Section 80070.1(b).
(2) Three or more years of teaching experience, including both general and special education teaching experience, as defined in Section 80070.1(c).
(3) Completion of a Commission-Approved Resource Specialist Added Authorization program, based on the Education Specialist Teaching and Other Related Services Credentials Program Standards (rev. 3/11) available on the Commission's website and hereby incorporated by reference, through a Special Education Service Region with a Comprehensive Local Plan approved by the Commission as defined in section 80070.1(d).
(4) A completed application form as found in section 80001, the experience specified in (2) above and the fee as specified in Section 80487.
(b) Validity Period. A Clear Resource Specialist Added Authorization authorizes service only if a valid prerequisite special education credential or authorization as defined in section 80070.1(b) is held concurrently.
(c) Special Education Service Regions with a Comprehensive Local Plan approved by the Commission to assess and verify completion for the Resource Specialist Added Authorization must transition to a Commission-approved program, provided in Education Code Section 44373(c), by July 1, 2013. All individuals enrolled in the programs must complete their course of study by July 1, 2013 or transition to a Commission-approved program found in section 80070.4. All applications for individuals completing the Added Authorization through the Special Education Service Regions must be submitted to the Commission by January 1, 2014.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44273, 44373, 56362 and 56362.5, Education Code.
HISTORY
1. New section filed 8-7-80 as an emergency; designated effective 9-5-80 (Register 80, No. 32). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-5-81.
2. Repealed by operation of Section 11346.1, Government Code (Register 81, No. 23).
3. New section filed 6-3-81; effective thirtieth day thereafter (Register 81, No. 23).
4. Amendment of section heading, section and Note filed 6-20-2011; operative 7-20-2011 (Register 2011, No. 25).
§80070.7. Requirements for a School District, County Office or Special Education Service Region with a Comprehensive “Local Plan” to Assess and Recommend for the Resource Specialist Certificate of Competence. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 56362 and 56362.5, Education Code.
HISTORY
1. New section filed 8-7-80 as an emergency; designated effective 9-5-80 (Register 80, No. 32). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-5-81.
2. Repealed by operation of Section 11346.1, Government Code (Register 81, No. 23).
3. New section filed 6-3-81; effective thirtieth day thereafter (Register 81, No. 23).
4. Repealer filed 6-20-2011; operative 7-20-2011 (Register 2011, No. 25).
§80070.8. The Candidate for the Resource Specialist Certificate Shall Demonstrate the Skills, Knowledge and Performance Competencies Identified for Each of the Following Functions. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 56362 and 56362.5, Education Code.
HISTORY
1. New section filed 8-7-80 as an emergency; designated effective 9-5-80 (Register 80, No. 32). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-5-81.
2. Repealed by operation of Section 11346.1, Government Code (Register 81, No. 23).
3. New section filed 6-3-81; effective thirtieth day thereafter (Register 81, No. 23).
4. Repealer filed 6-20-2011; operative 7-20-2011 (Register 2011, No. 25).
Article 3. Examinations and Subject Matter Programs
§80071. Qualification by Examination for Issuance of Credential.
Note • History
(a) Every applicant who seeks to satisfy a credential, certificate, permit, or waiver requirement by examination must meet the passing score requirement(s) established by the Commission that were in effect at the time the examination was taken. A list of the adopted examinations and passing score requirements will be made available upon request to the Commission.
(b) For each examination score used to satisfy a requirement for the issuance of a credential, certificate, permit, or waiver, there can be no more than five years between (1) the date the score was earned and (2) the issuance date of the credential, certificate, permit, or waiver for which the examination score is used.
(c) For purposes of this section, the Video Performance Assessment of the Reading Instruction Competence Assessment, described in Education Code §44283, is considered an examination.
(d) Once an examination score has been used to satisfy a California certification requirement, it may be used to satisfy a requirement of another certification document regardless of the five-year limit described in subsection (b) if the score satisfies the passing score requirement for the new document.
(e) The five-year limit described in subsection (b) shall not apply to scores on examinations used to 1) verify knowledge of the Constitution of the United States, as specified in Education Code §44335; 2) grant credit by an institution of higher education; or 3) verify experience learning a second language required for the Crosscultural, Language and Academic Development Certificate, as specified in Section 80015 of the Title 5 Regulations. The five-year limit on scores described in subsection (b) shall not apply to any examination that is exempt from this requirement by statute or regulation.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225(d), 44252, 44253.3, 44280, 44283, 44289 and 44335, Education Code.
HISTORY
1. Amendment and renumbering of Part I, Division 7, Subchapter 17, Article 3 (Sections 5941-5957) to Part VIII, Chapter 1, Article 3 (Sections 80071-80094), filed 12-16-77; effective thirtieth day thereafter (Register 77, No. 51). For prior history see Registers 77, No. 33 and No. 9; Register 76, No. 17; Register 75, No. 44; and Register 73, No. 26.
2. Amendment filed 6-5-79; effective thirtieth day thereafter (Register 79, No. 23).
3. Amendment filed 4-17-81; effective thirtieth day thereafter (Register 81, No. 16).
4. Amendment of article heading, section and Note filed 1-10-2000; operative 2-9-2000 (Register 2000, No. 2).
§80071.1. Oral Proficiency Examinations for Single Subject Language Authorization. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44280 and 44289, Education Code.
HISTORY
1. New section filed 6-5-79; effective thirtieth day thereafter (Register 79, No. 23).
2. Repealer filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
§80071.2. Writing Proficiency Examination for Single Subject English Language Authorization. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44280 and 44289, Education Code.
HISTORY
1. New section filed 6-5-79; effective thirtieth day thereafter (Register 79, No. 23).
2. Repealer filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
§80071.3. English Writing Proficiency Examination for Candidates Without College Recommendations. [Renumbered]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44280 and 44289, Education Code.
HISTORY
1. New section filed 6-5-79; effective thirtieth day thereafter (Register 79, No. 23).
2. Renumbering and amendment of Section 80071.3 to 80078 filed 3-26-81; effective thirtieth day thereafter (Register 81, No. 13).
§80071.4. Basic Skills Examination.
Note • History
(a) After January 31, 1983, every applicant for a credential, permit or certificate, or for the renewal of an emergency permit shall be required to have obtained a passing score on the California Basic Educational Skills Test (CBEST). The test is not required to renew, reissue or upgrade a credential, certificate or permit except when upgrading a permit would require a baccalaureate degree.
(b) Pursuant to Education Code Sections 44252(b) and (d) applicants for the following credentials, permits, or certificates are exempt from this requirement:
(1) a credential to be issued solely for teaching adults in an apprenticeship program;
(2) a credential for an adult education designated subject other than an academic subject; and
(3) a certificate of clearance;
(4) a children's center permit or a permit authorizing service in a special center for the handicapped, when a baccalaureate degree is not required;
(5) a credential, certificate, or permit for an additional teaching authorization when the applicant holds a non-emergency credential, certificate or permit that requires a baccalaureate degree and authorizes teaching;
(6) a health services credential;
(7) a Designated Subjects Vocational Education Teaching Credential.
(8) any Designated Subjects Special Subjects Credential for which a baccalaureate degree is not required.
(c) Pursuant to Education Code Section 44252(b)(3), a school district can request a one year non-renewable credential for an individual who they wish to employ and who has not yet passed the CBEST.
(1) The applicant for the one year non-renewable credential shall satisfy all of the following:
(A) either 1. or 2. below:
1. completed an out-of-state professional preparation program for a credential comparable to the California credential requested; or
2. completed a California approved professional preparation program for the requested credential prior to February 1, 1983 and has resided outside of California for the year immediately preceding application for the one year non-renewable emergency credential.
(B) and all minimum requirements for the California credential requested except for the CBEST requirement; and
(C) a basic skills test developed and administered by the employing school district.
(d) Applicants for an exchange certificated employee credential can be issued a one-year preliminary credential pending the passage of the CBEST.
(e) An applicant for any credential needing the CBEST shall be required to have passed it only once, regardless of the time that has elapsed between the date of passing the test and the date of the application.
(f) The Commission will establish the schedule of test administrations no less than four months prior to the beginning of the next fiscal year, and will publicize the schedule by all reasonable means as quickly as practicable.
(g) The Commission will arrange for a special administration of the test in the event that an emergency occurs. An emergency for this purpose is a reasonably unforeseeable circumstance which cannot be avoided or a foreseeable one that cannot be accommodated because of the special and unique staff recruitment problems with which a school district or group of districts is faced.
The special administration will be scheduled by the Commission as soon as possible, consistent with the district's schedule for compliance with the requirements of sections 80071.4(h)(1)(B), (h)(1)(C), and (h)(2)(C) below, except that no special administration will be scheduled in the period three calendar weeks before a scheduled regular administration. No special administration will be scheduled without reasonable assurance that at least forty people will actually register and take the test at the special administration. Two or more districts or counties may jointly participate in a single administration provided each can satisfy the requirements specified in Section 80071.4(h).
(h) The written request for a special administration must include a copy of relevant sections of the official minutes of the district or county governing board and documentation by the superintendent of the specific facts of the emergency.
(1) The minutes of the governing board meeting must show that the board accepts the following conditions:
(A) An emergency as defined in subsection (g) exists and is unavoidable.
(B) District or county staff will assist in locating or providing space for the special administration and in the identification of qualified examination proctors, if such assistance is requested by the Commission or its designated agent;
(C) District or county staff will provide administrative support in accomplishing the registration process in a manner that will be consistent with the CBEST registration and reporting system;
(D) The district agrees to pay the full fee required for testing forty persons, even if fewer than forty actually take the test at a special administration.
(E) The district or county agrees not to require that the people taking the test pay any of the excess administrative cost incurred by the district or county.
(2) The superintendent of the district or county shall provide the following information as part of the written request:
(A) A detailed statement on the cause of the emergency and the reasons it could not have been anticipated in time to make use of the most recent previous regular administration;
(B) Documentation on the numbers of substitute or contract teachers needed, the total number of teachers on contract in the district or county, or the average daily number of substitutes used in the preceding year as appropriate to the definition of an emergency cited in the governing board minutes;
(C) A description of the plans for publicizing the special administration to insure that it will be maximally effective in attracting people not previously tested who can meet the emergency needs of the district or county;
(D) A definitive statement about whether admission to the special administration will be limited to people who are potential employees of the district or county requesting the special administration, or will be open to anyone who wishes to take the test;
(E) Designation of the county or district having primary responsibility for administrative arrangements for the special administration, in the event that two or more counties or districts are participating jointly in the special administration.
(i) No special administration will be scheduled for a college or university.
(j) There will be no limit on the number of times a person may take the entire test or sections of the test. Section(s) of the test that have been passed need not be repeated, but no person taking the test may omit any section that has not been passed. The test fee for repeating the test will be as specified in Section 80487(a)(5) of these regulations.
(k) In determining whether a person has passed the test, the highest score obtained on any section of the test at any administration will be used without regard to the length of time that has elapsed since the score was obtained.
(l) All credential program applicants shall take the CBEST for diagnostic purposes no later than the deadline for submission of his/her application for admission to the credential program unless the applicant is exempt from the CBEST for the credential.
(m) An individual credential applicant who already holds a valid non-emergency teaching credential that requires a baccalaureate degree and is seeking an additional teaching authorization is exempt from the provisions of subsection (l).
(n) The Commission will not consider appeals by credential applicants who have failed to achieve the passing standard established by the Commission at the time the CBEST has been most recently attempted.
(o) The Commission will issue annually a report on the passing rates of various groups on the CBEST, including passing rates by institution attended.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44252, 44252.5, 44203 and 44830, Education Code.
HISTORY
1. New section filed 9-30-82 as an emergency; designated effective 1-1-83 (Register 82, No. 41).
2. Order of Repeal of 9-30-82 emergency order filed 10-7-82 by OAL pursuant to Government Code Section 11349.6 (Register 82, No. 41).
3. New section filed 11-10-82 as an emergency; effective upon filing (Register 82, No. 48). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 3-10-83.
4. Certificate of Compliance including amendments transmitted to OAL 3-8-83 and filed 3-15-83 (Register 83, No. 12).
5. Amendment filed 10-4-84; effective thirtieth day thereafter (Register 84, No. 40).
6. Amendment filed 12-10-86; effective thirtieth day thereafter (Register 86, No. 50).
7. Amendment of subsection (c)(1)(A) filed 3-17-89; operative 4-16-89 (Register 89, No. 12).
8. Change without regulatory effect amending subsections (a) and (c), repealing subsections (c)(1)-(c)(1)(D), renumbering subsections, and amending newly designated subsections (c)(1)-(c)(1)(C) filed 12-2-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 49).
9. Amendment of subsection (o) filed 4-21-2000; operative 5-21-2000 (Register 2000, No. 16).
§80071.5. Reading Instruction Competence Assessment.
Note • History
Every applicant for an initial Multiple Subject Teaching Credential on or after October 1, 1998, or an initial Education Specialist Instruction Credential on or after January 1, 2000, shall be required to obtain a passing score on the Reading Instruction Competence Assessment (RICA) with the following exceptions:
(a) Applicants applying for a document exempt by Education Code 44283.2(b).
(b) Applicants applying for a one-year nonrenewable or a two-year preliminary teaching credential based on 1) a teacher education program including student teaching obtained outside of California and 2) a baccalaureate degree. These applicants must pass the RICA prior to renewing the two-year preliminary unless exempt by §80071.5(c) or (d).
(c) Applicants holding a valid California teaching credential based on a baccalaureate degree and a teacher education program including student teaching, other than those applicants renewing the credentials described in (b) to either the three-year preliminary credential or, if the three-year preliminary credential is not requested, the professional clear credential.
(d) Applicants holding a valid teaching credential from another state, with a comparable authorization to the credential sought.
(e) Applicants applying for an internship credential based on Education Code §44452. These applicants must pass the RICA prior to obtaining a preliminary or professional clear credential of the same type, unless exempt by §80071.5(c) or (d).
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44252(b)(3), 44253, 44283, 44283.2 and 44452, Education Code.
HISTORY
1. New section filed 6-21-2000; operative 7-21-2000 (Register 2000, No. 25).
§80072. Appeal upon Failure to Pass Subject Matter Examination.
Note • History
The Commission will consider appeals presented in writing by applicants who have failed to attain the passing score standard established by the Commission when the appellant can verify evidence of meeting the following appeal standards:
(a) Within 30 days after a score report for a written examination has been received for any certificate or credential issued by the Commission, an unsuccessful applicant may file a petition of appeal with the Executive Secretary on the grounds of fraud, discrimination, or clerical error in scoring, or other grounds of extraordinary improper acts or circumstances which were reported to the test supervisor at the time of the administration of the examination and which a reasonable person could agree deprived the candidate of a fair chance to take and pass the examination; except that mere failure to pass an examination which has been successfully passed by other applicants shall not be grounds for appeal. Candidates are encouraged to report any extraordinary improper test administration acts or circumstances to the Commission.
(b) The petition shall be in writing and shall state the facts, information or circumstances upon which the appeal is based and in sufficient detail to identify the examination and persons involved. The petition shall be signed and dated by the applicant, and shall include the following statement: “I certify under penalty of perjury that the facts stated herein are true and correct.”
(c) The petition may include other relevant information including the petitioner's academic record, letters of recommendation and other facts upon which the Commission might reasonably conclude that, but for the grounds for appeal alleged, the petitioner would have demonstrated all qualifications required by law for such credential or certificate.
(d) The petition, with the Executive Secretary's recommendation with respect thereto, shall be granted or denied by the Commission on the basis of the verified facts presented in the petition. The Commission may order reexamination of the petitioner upon all or any portion of the examination appealed from with or without further examination fee.
(e) An applicant who fails a subject matter examination and who does not meet the standards may appeal by requesting to be examined by a board of examiners. Such examination, if feasible, may be an oral examination by a board of examiners, as specified in Section 80075. Such an appeal shall be in writing and shall include all of the following:
(1) Verification that appellant has failed the examination and does not meet the standards; and
(2) Agreement by the appellant to pay the costs of impaneling and operating the board of examiners.
NOTE
Authority cited: Sections 44225 and 44252, Education Code. Reference: Sections 44280, 44281, 44310, and 44345(a), Education Code.
HISTORY
1. Amendment filed 1-12-79; designated effective 2-14-79 (Register 79, No. 2).
2. Amendment of subsection (a) filed 2-27-80; effective thirtieth day thereafter (Register 80, No. 9).
3. Amendment of subsection (e) filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
Note • History
In response to appeals filed in accordance with Section 80072(e), the Commission shall appoint boards of examiners as appropriate, each consisting of not more than six persons drawn equally from practicing public school teachers and full-time higher education faculty in the subjects or field(s) in which the candidate wishes to be examined. All examinations held by such boards shall be executive and closed sessions with only board members, Commission members, and staff, and the applicant permitted to attend. The recommendations of each board of examiners shall be in writing. A copy of such recommendations shall be transmitted to the Commission, and the Commission will notify applicants of its decision by registered mail within 30 days after the Commission considers the recommendations of the board.
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Amendment filed 1-12-79; designated effective 2-14-79 (Register 79, No. 2).
§80074. Members of the Board of Examiners.
The Commission shall consider the following criteria when appointing members to a board of examiners:
(a) Current full-time employment;
(b) Major in the subject area to be examined;
(c) Three years of full-time teaching experience in the subject area of the examination;
(d) Bilingual or crosscultural experience or other background and expertise appropriate to the specific needs of applicants.
The oral examination shall be given at a location or locations designated by the Commission. No more than two such examinations shall be scheduled in one year for each subject matter area. This oral examination shall cover the substance specified in the adopted scope and content statement appropriate to the subject matter area being examined, and shall be scheduled for no longer than three hours.
§80076. Board of Examiners' Fee.
Note • History
The fee shall be based on actual costs to assemble the Board of Examiners. A fee as provided in Section 80487 must be paid prior to the scheduling of the examination. After actual costs have been determined, a refund of any unearned portion of the fee will be paid to the applicant. These costs may be prorated between two candidates when two candidates are to be examined in one day, and among all candidates taking the same examination when the examination session lasts longer than one day.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44280 and 44289, Education Code.
HISTORY
1. Amendment filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3).
§80077. Examination Processing Fee.
Note • History
The fee for processing a request to apply for an examination score to meet one of the requirements for a Ryan Act credential shall be as provided in Section 80487. The fee is deemed earned upon receipt and shall not be refunded. A separate request and fee is required for each examination taken.
NOTE
Authority cited: Sections 44225 and 44298, Education Code. Reference: Sections 44280 and 44289, Education Code.
HISTORY
1. Amendment filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3).
§80078. English Writing Proficiency Examination for Candidates Without College Recommendations.
Note • History
NOTE
Authority cited: Sections 44225(b) and 44225(h), Education Code. Reference: Sections 44280 and 44289, Education Code.
HISTORY
1. Renumbering and amendment of Section 80071.3 to Section 80078 filed 3-26-81; effective thirtieth day thereafter (Register 81, No. 13).
2. Repealer filed 5-15-97; operative 6-14-97 (Register 97, No. 20).
§80085. Programs of Academic Preparation.
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44310, 44311 and 44312, Education Code.
HISTORY
1. Repealer and new section filed 6-28-82; effective thirtieth day thereafter (Register 82, No. 27). For prior history, see Register 77, No. 51.
2. Amendment filed 6-19-85; effective thirtieth day thereafter (Register 85, No. 25).
3. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80085.1. Programs of Academic Preparation; General Requirement.
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44310, 44311 and 44312, Education Code.
HISTORY
1. New section filed 6-28-82; effective thirtieth day thereafter (Register 82, No. 27).
2. Amendment filed 6-19-85; effective thirtieth day thereafter (Register 85, No. 25).
3. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80086. Programs of Academic Preparation; Specific Requirements.
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44311, Education Code.
HISTORY
1. Repealer and new section filed 6-28-82; effective thirtieth day thereafter (Register 82, No. 27). For prior history, see Register 77, No. 51.
2. Amendment of subsection (i) filed 8-22-89; operative 9-21-89 (Register 89, No. 34).
3. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80087. Institutional Procedures and Standards.
Note • History
NOTE
Authority cited: Section 44224, Education Code. Reference: Sections 44311 and 44312, Education Code.
HISTORY
1. Amendment filed 6-28-82; effective thirtieth day thereafter (Register 82, No. 27).
2. Amendment filed 6-19-85; effective thirtieth day thereafter (Register 85, No. 25).
3. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80088. Approval of Programs of Academic Preparation.
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44310 and 44311, Education Code.
HISTORY
1. Repealer and new section filed 6-28-82; effective thirtieth day thereafter (Register 82, No. 27). For prior history, see Register 77, No. 51.
2. Amendment filed 6-19-85; effective thirtieth day thereafter (Register 85, No. 25).
3. Amendment of subsection (f) filed 11-26-85; effective thirtieth day thereafter (Register 85, No. 48).
4. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80089. Adding Supplementary Authorizations to Teaching Credentials Used Predominantly in Secondary Schools.
Note • History
(a) The holder of a valid teaching credential specified in Education Code Section 44256(a) may have one or more of the subjects listed in Sections 80089.1 and 80089.2, added as a supplementary authorization. The candidate or an approved institution shall verify completion of either (1) or (2) below:
(1) 20 semester hours or 10 upper division semester hours of non-remedial collegiate coursework in a subject listed in Sections 80089.1 or 80089.2, or
(2) a collegiate major in a subject directly related to each subject listed in Sections 80089.1 or 80089.2. A “C” grade or above in any course used to meet provisions of this section shall be required. Non-remedial coursework for the purposes of this section shall be defined as coursework that is applicable to a bachelor's degree or a higher degree at a regionally accredited college or university.
(b) Authorization.
(1) A supplementary authorization added under the provisions of Section 80089.1 authorizes the holder to teach that subject at any grade level; preschool, kindergarten, grades 1-12, or in classes organized primarily for adults;
(2) A supplementary authorization added under the provisions of Section 80089.2 authorizes the holder to teach at any grade level (preschool, kindergarten, grades 1-12, or in classes organized primarily for adults) only the subject matter content typically included for that subject in curriculum guidelines and textbooks for study in grades 9 and below.
(c) Applicants who are progressing toward completion of supplementary authorization requirements as they existed on July 1, 1996, shall have until July 1, 1998, to apply for said authorizations.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44256 and 44349, Education Code.
HISTORY
1. Renumbering and amendment of Section 80057.1 to Section 80089 filed 6-28-82; effective thirtieth day thereafter (Register 82, No. 27).
2. Amendment filed 12-10-86; effective thirtieth day thereafter (Register 86, No. 50).
3. Amendment filed 12-9-88; operative 1-8-89 (Register 89, No. 9).
4. Amendment of subsection (a)(2), repealer of subsection (b), subsection relettering, and amendment of newly designated subsection (c) filed 3-9-95; operative 4-10-95 (Register 95, No. 10).
5. Amendment of subsection (c) filed 10-29-96; operative 11-29-96 (Register 96, No. 44).
§80089.1. Subjects Added as Supplementary Authorizations (Specific Subjects).
Note • History
(a) The following listed subjects may be added as supplementary authorizations to a valid teaching credential specified in Education Code Section 44256(a):
Accounting including finance Industrial crafts
Agricultural mechanic and plastics
Animal science Instrumental music
Anthropology Interior design (home
economics)
Auto mechanics
Biological Sciences Journalism
Chemistry
Literature
Child develpment (home economics)
Clothing and textiles (home economics) Marketing/entrepreneurship
Metals (industrial arts)
Comparative political systems Metals (industrial arts)
and international relations
Computer concepts and Office technologies including
applications word processing and
Consumer education (home business communications
economics) Ornamental horticulture
Crafts, including jewelry
and ceramics (art) Painting and drawing
Photography
Physics
Dance Plant science
Drafting Plastics (industrial arts)
Drama Psychology
Economics Sociology
Economic and consumer education Speech
Electronics
English Composition US Government and US Civics
US History and California
Family life and parenting (home History
economics) Vocal Music
Family life education including drug,
alcohol and tobacco use prevention Woods (industrial arts)
(health science) World History
Food and nutrition (home economics)
Forestry and horticulture
Geography
Geosciences
Graphic Arts
(b) A supplementary authorization in a specific subject of Science may be added to a valid teaching credential specified in Education Code Section 44256(a). The course of study for Biological Sciences or Chemistry or Geosciences or Physics must include each of the components for that area. One of the courses must include a laboratory component.
(1) Biological Sciences, including: Molecular and Cellular Biology, Biology of Organisms, and Evolution.
(2) Chemistry, including: Structure and Stability, and Chemical Reactions.
(3) Geosciences, including: Astronomy, Geology, Meteorology and Oceanography.
(4) Physics, including: Energy - Mechanics, Energy - Heat Energy - Electricity and Magnetism, Wave Motion and Atomic and Nuclear Physics.
(c) A supplementary authorization in each of the specific subjects of Child development (home economics), Clothing and textiles (home economics), Food and nutrition (home economics), and Interior design (home economics) must include a laboratory component.
(d) A supplementary authorization in the subject of Family life education including drug, alcohol, and tobacco use prevention (health science) must include the following components: sexually transmitted disease including HIV/AIDS, human development and human sexuality, parenting education, violence prevention, and drug, alcohol and tobacco use prevention and cessation.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44256 and 44349, Education Code.
HISTORY
1. New section filed 6-28-82; effective thirtieth day thereafter (Register 82, No. 27).
2. Amendment filed 12-9-88; operative 1-8-89 (Register 89, No. 9).
3. Designation and amendment of subsection (a), new subsections (b)-(b)(4), and amendment of Note filed 3-9-95; operative 4-10-95 (Register 95, No. 10).
4. Amendment of subsection (a) and new subsections (c) and (d) filed 10-29-96; operative 11-29-96 (Register 96, No. 44).
§80089.2. Subjects Added as Introductory Supplementary Authorizations.
Note • History
(a) Candidates seeking supplementary authorization in any language other than English shall, in addition to the requirements specified in Section 80089, submit verification of having either (1), (2), (3), or (4) below:
(1) passed the oral language portion of the Bilingual Certificate of Competence Examination in the language to be listed on the credential. Such verification shall be in the form of a letter from any institution or other educational agency, approved by the Commission as an assessor agency for the Bilingual Certificate of Competence. Whenever a written assessment instrument for a language other than Spanish is not available, a panel may be used by assessor agencies to assess a candidate's knowledge of the target language competencies, in accordance with Commission guidelines regulating assessment for languages other than Spanish, or
(2) passed the speaking and listening sections of Test 6 of the Crosscultural Language and Academic Development/Bilingual Crosscultural Language and Academic Development (CLAD/BCLAD) Examinations described in Section 80015.3 in the language to be listed on the credential; or
(3) oral proficiency in the language to be listed on the credential at a level equivalent to that of a person with a bachelor's degree with a major in that language. This level of proficiency shall be verified by a letter from the Chair of the Language Department of a regionally accredited 4 year college or university; or
(4) oral proficiency in the language to be listed on the credential at the level required to complete a Bilingual Emphasis or Bilingual Crosscultural Language and Academic Development (BCLAD) Emphasis Credential Program as verified by a letter from a person authorized to issue such verification by the college or university that offers such a program.
(b) The following listed subjects may be added as introductory supplementary authorizations to a valid teaching credential specified in Education Code Section 44256(a).
(1) Introductory Agriculture, including at least one course in each of the following areas: animal science, plant science, and agricultural mechanics;
(2) Introductory Art, including at least one course in each of the following areas: drawing and painting, art history or appreciation, and crafts;
(3) Introductory Business, including at least one course in each of the following areas: business management, business marketing or introduction to business, computer concepts and applications, economics, business communications or business English, and accounting;
(4) Introductory English, including at least one course in each of the following areas: composition, literature, and grammar or language structure;
(5) Introductory Language Other Than English (Specify), including at least one course in the language covering each of the following areas: grammar, composition, conversation, and literature;
(6) Introductory Health Sciences, including at least one course in each of the following areas: substance abuse (including alcohol, drug, and tobacco), family life education (including human sexuality, HIV/AIDS, and sexually transmitted diseases), nutrition, comprehensive school health systems or programs, and health education theory, behavior, or foundations;
(7) Introductory Home Economics, including at least one course in each of the following areas: food and nutrition, clothing, child development, and family life and parenting;
(8) Introductory Industrial Arts, including at least one course in each of the following areas: drafting or graphic arts, woods or metals, and electricity or electronics;
(9) Introductory Mathematics, including at least one course in each of the following areas (all course work shall be at least at a level for which intermediate algebra is a prerequisite): college algebra, geometry, and development of the real number system or introduction to mathematics; or three courses in calculus or other mathematics courses for which algebra and geometry are prerequisites;
(10) Introductory Music, including at least one course in each of the following areas: vocal music, instrumental music, music history or appreciation, and music theory;
(11) Introductory Physical Education, including at least one course in each of the following areas: team sports and games; fundamental and creative movement skills (such as dance and gymnastics); human movement, motor development, and/or motor learning; and individual, dual, nontraditional and global sports and games (such as aquatics, conditioning, and archery);
(12) Introductory Science, including at least one course in each of the following areas: biological sciences, chemistry, geosciences, and physics; and
(13) Introductory Social Science, including at least on course in each of the following areas: United States history, California history, world history, geography, and United States government.
(c) Introductory Home Economics Supplementary Authorizations must include a laboratory component in one of the listed subject areas. The course of study must cover both subject areas of food and nutrition but a single course may be used to meet the requirement. The course of study must cover both subject areas of family life and parenting, but a single course may be used to meet the requirement.
(d) Introductory Science Supplementary Authorizations Authorized by 80089.2(b)(12) shall include a one year sequence of courses in at least two of the listed subject areas. At least one course must include a laboratory component.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44256 and 44349, Education Code.
HISTORY
1. New section filed 6-28-82; effective thirtieth day thereafter (Register 82, No. 27).
2. Amendment filed 12-9-88; operative 1-8-89 (Register 89, No. 9).
3. Amendment of section and Note filed 3-9-95; operative 4-10-95 (Register 95, No. 10).
4. Amendment of subsections (b)(3), (b)(6)-(7), new subsection (c) and subsection relettering filed 10-29-96; operative 11-29-96 (Register 96, No. 44).
§80089.3. Introductory Subject Matter Authorizations.
Note • History
(a) The holder of a valid teaching credential specified in Education Code Section 44256(a) and (b) may have one or more of the subjects listed in subsection (b) added as an introductory subject matter authorization. Equivalent quarter hours may be used to meet the semester hour requirement. The candidate shall verify completion of either (1) or (2) below:
(1) a collegiate major from a regionally accredited college or university in a subject or in a subject directly related to each subject from subsection (b) to be listed, or
(2) 32 semester or 48 quarter hours of non-remedial collegiate coursework in a subject listed in subsection (b). Included within the 32 semester or 48 quarter hours is a minimum of three semester or four quarter hours in each of the specific content areas listed for the subject in subsection (b) except for Science which requires a minimum of six semester or eight quarter hours in each of the specific content areas listed. A grade of “C” or above in any course used to meet the provisions of this subsection shall be required. Non-remedial coursework for the purpose of this section shall be defined as coursework that is applicable toward a bachelor's degree or a higher degree at a regionally accredited college or university.
(b) The following subjects may be added as introductory subject matter authorizations to a valid teaching credential specified in Education Code Section 44256(a) and (b):
(1) Art, with the content areas of art history including aesthetics and appreciation, two-dimensional art including drawing, painting, and printmaking, three-dimensional art including sculpture and ceramics, and photography/computer generated imagery;
(2) English with the content areas of grammar or language structure, advanced composition, speech, drama or theatre, and literature;
(3) A Language Other Than English (specify) with the content areas of grammar, composition, culture, conversation, and literature;
(4) Mathematics with the content areas of algebra, advanced algebra, geometry, probability or statistics, and development of the real number system or introduction to mathematics;
(5) Music with the content areas of vocal music including the analysis of repertoire and literature appreciation for developing musicians, instrumental music including the analysis of repertoire and literature appreciation for developing musicians, aural musicianship, keyboard, music history including music appreciation, world music, conducting, and music theory;
(6) Science with the content areas of biological sciences, chemistry, geosciences, and physics; and
(7) Social Science with the content areas of United States history, California history, world history, world civilization or world cultures, physical geography, and United States government.
(c) A subject specified in subsection (b) as an introductory subject matter authorization authorizes the holder to teach only the subject matter content typically included for that subject in curriculum guidelines and textbooks approved for study in grades 9 and below to students in preschool, kindergarten, grades 1-12, or in classes organized primarily for adults.
NOTE
Authority cited: Sections 12001 and 44225, Education Code. Reference: Sections 44225(e), 44256 and 44349, Education Code; and 20 U.S.C. Sections 6319(a) and 7801(23).
HISTORY
1. New section filed 11-16-2004; operative 12-16-2004 (Register 2004, No. 47).
§80089.4. Specific Subject Matter Authorizations.
Note • History
(a) The holder of a valid teaching credential specified in Education Code Section 44256(a) and (b) may have one or more of the subjects listed in subsection (b) added as a specific subject matter authorization. Equivalent quarter hours may be used to meet the semester hour requirement. The candidate shall verify completion of either (1) or (2) below:
(1) a collegiate major from a regionally accredited college or university in a subject directly related to each subject from subsection (b) to be listed, or
(2) 32 semester or 48 quarter hours of non-remedial collegiate coursework directly related to the requested subject listed in subsection (b) except for history which requires a minimum of 16 semester units in both world history and U. S. history. A grade of “C” or above in any course used to meet the provisions of this subsection shall be required. Non-remedial coursework for the purposes of this section shall be defined as coursework that is applicable toward a bachelor's degree or a higher degree at a regionally accredited college or university.
(b) The following subjects may be added as a specific subject matter authorization to a valid teaching credential specified in Education Code Section 44256(a) and (b):
Art History/Appreciation
Biological Sciences
Chemistry
Civics/Government
Dance
Drama/Theatre
Economics (social science)
English Composition
Geography
Geosciences
History
Instrumental Music
Literature
Photography
Physics
Plant Science
Three-Dimensional Art
Two-Dimensional Art
Vocal Music
(c) A subject specified in subsection (b) as a specific subject matter authorization authorizes the holder to teach courses in the specific subject in departmentalized classes in grades preschool and K-12 or in classes organized primarily for adults.
NOTE
Authority cited: Sections 12001 and 44225, Education Code. Reference: Sections 44225(e) and 44256, Education Code; and 20 U.S.C. Sections 6319(a) and 7801(23).
HISTORY
1. New section filed 11-16-2004; operative 12-16-2004 (Register 2004, No. 47).
§80092. Period of Validity of Waiver Subject Matter Program.
Note • History
NOTE
Specific reference cited: Section 44310, Education Code.
HISTORY
1. Repealer filed 6-28-82; effective thirtieth day thereafter (Register 82, No. 27).
§80093. Completion of Waiver Subject Matter Program; Subsequent Examination Not Required.
Note • History
NOTE
Specific reference cited: Section 44310, Education Code.
HISTORY
1. Repealer filed 6-28-82; effective thirtieth day thereafter (Register 82, No. 27).
§80094. Institutionally Approved Subject Matter Equivalencies.
Note • History
Regionally accredited California colleges and universities approved by the Commission to offer subject matter programs in compliance with Education Code Section 44256 shall be authorized to determine the equivalence of courses and programs to their Commission approved program which students may submit from another institution. The Commission shall accept the verification of subject matter equivalence from approved institutions provided that, with the exception of persons whose academic and professional preparation were completed in regionally accredited institutions outside of California, the applicant for a multiple or single subject teaching credential has completed all or part of his or her undergraduate or graduate academic or professional preparation at the institution determining the equivalency of the subject matter. The Commission shall also accept the verification of subject matter equivalence from an approved institution where the applicant has not completed course work when neither the degree granting institution nor the institution at which the program is being completed has an approved subject matter program in the subject to be listed on the credential. However, the verification of subject matter equivalence must be in the applicant's degree major. The Commission shall also accept the verification of subject matter equivalence from an approved institution where the applicant has not completed course work if the equivalence was approved prior to the implementation of these regulations and all academic standards required in the institution's approved subject matter have been met.
For applicants whose academic and professional preparation were completed in regionally accredited institutions outside of California, the Commission shall accept subject matter equivalence determinations by approved California institutions so long as the institution submits verification that the out-of-state applicant has met requirements equivalent to those in the institution's approved program. Such verification shall include, but not be limited to, a listing of courses completed by the applicant deemed to be equivalent to courses in the institutions approved program, attainment of all academic standards required in the institution's approved program, and successful completion of any final assessment required of students in the institution's approved program.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Section 44259(b)(5), Eduction Code.
HISTORY
1. Amendment of Note filed 6-28-82; effective thirtieth day thereafter (Register 82, No. 27).
2. Editorial correction of Note filed 7-22-82 (Register 82, No. 30).
3. Amendment of section and Note filed 5-1-96; operative 5-31-96 (Register 96, No. 18).
Article 4. Approval of Programs of Professional Preparation
§80096. Approval of Programs Leading to the Preliminary Administrative Services Credential.
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44270 (a) and 44227, Education Code.
HISTORY
1. New Article 4 (Section 80096) filed 10-7-83; effective thirtieth day thereafter (Register 83, No. 41). For prior history, see Registers 82, No. 45; and 77, No. 51.
2. Repealer filed 4-21-2000; operative 5-21-2000 (Register 2000, No. 16).
§80097. Approval of Programs Leading to the Professional Services Credential with a Specialization in Administrative Services.
Note • History
NOTE
Authority cited: Sections 44225(a) and (b), Education Code; and Section 15376, Government Code. Reference: Sections 44225(b), 44226, 44227 and 44270.1, Education Code; and Sections 15374, 15376 and 15378, Government Code.
HISTORY
1. New section filed 1-14-85; effective thirtieth day thereafter (Register 85, No. 3).
2. Repealer filed 4-21-2000; operative 5-21-2000 (Register 2000, No. 16).
§80098. Approval of Programs Leading to the Language Development Specialist Certificate.
Note • History
NOTE
Authority cited: Section 44475, Education Code. Reference: Section 44478, Education Code.
HISTORY
1. New section filed 4-23-85; effective thirtieth day thereafter (Register 85, No. 17).
2. Change without regulatory effect repealing section filed 5-22-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 21).
Article 5. Permits Authorizing Service in Child Care and Development Programs
Note • History
As used in this article, each of the following terms has the meaning herein shown:
(a) “Child Development Permit” means any permit issued by the Commission on Teacher Credentialing which authorizes service in the care, development and instruction of children in a child care and development program. Child Development Permits were formerly referred to as Children's Center Permits.
(b) “Child care and development program” means any state licensed center-based child care and development program operated by a person, association, organization or school district legally authorized to conduct such programs.
(c) “General education” means course work from a regionally accredited institution of higher education in subject areas other than early childhood education and/or child development. The candidate must have earned a “C” or above in each course to be accepted.
(d) “Supervised field experience” means instruction performed in a child care and development program for college credit which is supervised by a person approved by a regionally accredited institution of higher education.
(e) “Early childhood education/child development course work” means college course work from a regionally accredited institution of higher education primarily related to children ages five years or younger. Twenty-five percent of the course work may be extended to cover children ages five to, and including, eight years. The candidate must have earned a “C” grade or above in each course to be accepted. The coursework must be non-remedial. “Non-remedial” coursework for the purpose of this section shall be defined as coursework that is applicable toward an associate of arts degree or higher at a regionally accredited institution of higher education.
(f) “Commission approved alternative education programs” means training which occurs outside of a regionally accredited institution of higher education that has been approved by the Commission to meet all or part of the requirements for obtaining a Child Development Permit. Commission approved alternative education programs must meet criteria established by the Commission in consultation with the Superintendent of Public Instruction in order to be applied toward the Permit.
(g) “Child Development Associate (CDA) credential” means a nationally recognized certificate issued by the CDA Credentialing Commission in Washington DC.
(h) “Professional growth” means participation in activities that contribute to a permit holder's competence, performance or effectiveness in the early childhood profession. Such activities may include but are not limited to college or university coursework, conferences, workshops, institutes, academies, symposia, and staff development programs.
(i)(1) “Core areas” for the Child Development Permit means individual courses or training in each of the following areas:
(A) child and/or human development;
(B) child, family and community or child and family relations; and
(C) programs and curriculum.
(2) “Core areas” for the Child Development Permit with the School - Age Emphasis means individual courses or training in each of the following areas:
(A) child growth and youth development;
(B) child and youth/family/community; and
(C) programs/curriculum including school-age instructional practices.
(3) Core courses in “child and/or human development and child, family and community” or “child and family relations” must be a minimum of three semester units or four quarter units.
(j) “Aide” means an individual who cares for and assists in the development and instruction of children under the supervision of a CDP Associate Teacher, Child Development Permit (CDP) Teacher, CDP Master Teacher, CDP Site Supervisor, or CDP Program Director. An aide may not be supervised by a CDP Assistant. An aide is not required to hold a Child Development Permit.
(k) “Adult supervision coursework” means a course that helps Child Development Permit candidates develop knowledge and skills for effective communication with and supervision of adults.
(l) “Accredited Home Economics Related Occupations (HERO) program” means a high school training program that is certified by the Home Economics Education Unit, California Department of Education, and uses curriculum developed by the Home Economics Education Unit to train secondary students to serve as aides or assistants in a child care and development program. Such training qualifies an individual to obtain a Child Development Assistant Permit.
(m) “Regional Occupational Program (ROP)” means a program designed to prepare secondary students or adults in one of a variety of occupations. When such training is in child development related occupations, it may be used to qualify an individual to obtain a Child Development Assistant Permit.
(n) “School-Age Emphasis” means that the permit holder has completed coursework relating to children and youths from birth to age 14. The coursework must be non-remedial.
(o) “Program year” means 175 days of three or more hours per day working in a child care and development program.
NOTE
Authority cited: Sections 8363, 8370 and 44225(d), Education Code. Reference: Sections 8370 and 8363, Education Code.
HISTORY
1. Renumbering and amendment of Part I, Division 19, Chapter 1, Article 2 (Sections 17930-17946) to Part VIII, Chapter 1, Article 5 (Sections 80105-80117), filed 12-16-77; effective thirtieth day thereafter (Register 77, No. 51). For prior history see Register 77, No. 39; Registers 75, No. 44, No. 32 and No. 25; and Register 74, No. 47.
2. Amendment of subsections (a) and (c), and new subsections (d)(5) and (e) filed 11-30-78; designated effective 1-1-79 (Register 78, No. 48).
3. Amendment filed 12-30-85; effective thirtieth day thereafter (Register 86, No. 1).
4. Amendment of article heading, section and Note filed 12-23-96; operative 1-22-97 (Register 96, No. 52).
5. Amendment of subsection (f) filed 4-21-98; operative 5-21-98 (Register 98, No. 17).
6. Amendment of section and Note filed 7-15-2002; operative 8-14-2002 (Register 2002, No. 29).
§80106. Filing of Credentials Deemed Permits.
History
HISTORY
1. Repealer filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
§80107. Application Procedure and Date of Issuance of a Permit.
Note • History
(a) Submission of Application. Each applicant for a Child Development Permit of any type or for any renewal thereof shall submit an application to the Commission on Teacher Credentialing, or to the Office of the County or District Superintendent of Schools of the county in which the applicant is employed.
(b) Application Form. An application for a Child Development Permit shall be submitted on the application form, Application for Credential Authorizing Public School Service (form 4104, rev XX), furnished by the Commission on Teacher Credentialing and shall be accompanied by all of the following:
(1) If the applicant does not already have fingerprint clearance on file with the Commission, the permit application must include duplicate personal identification cards as specified in Section 80442 and form Application for Character and Identification Clearance (form 41-CIC, rev 9-95).
(2) The fees as specified in Section 80487(a).
(3) Official transcripts listing required college and university course work appropriate to the permit requested.
(4) Verification of training completed through Commission approved non-college based training, if appropriate to the permit requested.
(5) For each permit requiring experience, the application shall be accompanied by original letters, from authorized persons having knowledge of the facts, verifying the dates and nature of the experience claimed.
(c) Date of Issuance. If all requirements for a permit are met by the date an application is filed, the permit will be dated as of that date, and that date will be the date of issuance. If further requirements are needed, then the date of issuance will be the date on which all necessary requirements have been met.
(d) No Renewal of Expired Permit. An expired permit shall not be renewed. However, if an applicant with an expired permit meets all of the renewal requirements and submits an application and fee, the permit shall be reissued as of the date of filing.
(e) Failure to Meet Renewal Requirements. In the event the holder of a permit fails to meet the renewal requirements for that permit he/she will be required to meet any new requirements that have been adopted subsequent to the initial date of issuance, unless an extension is granted pursuant to Section 80523.
(f) Reduced Fee for Early Renewal. When a Permit holder completes all of the requirements for a higher level of the Child Development Permit within three years of the date of initial issuance, he/she may submit an application for renewal and the original unexpired permit and pay half the renewal fee.
NOTE
Authority cited: Section 8370, Education Code. Reference: Sections 8362, 8363 and 44340, Education Code.
HISTORY
1. Amendment of subsection (b) filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
2. Amendment filed 12-23-96; operative 1-22-97 (Register 96, No. 52).
§80108. Character Requirement.
History
HISTORY
1. Repealer filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
Note • History
The Commission on Teacher Credentialing shall issue the Child Development Permit for service in child care and development programs at the following levels:
(1) Child Development Assistant Permit.
(2) Child Development Associate Teacher Permit.
(3) Child Development Teacher Permit.
(4) Child Development Master Teacher Permit.
(5) Child Development Site Supervisor Permit.
(6) Child Development Program Director Permit.
(b) All permits may have a “School-Age Emphasis” added to them when the individual takes half of his/her coursework in school-age units.
(c) All valid permits for service in a child care and development program issued prior to the effective date of this section shall continue in force and may be renewed as prescribed for each specific type of permit at the time it was issued. Upon request of the applicant, permits issued under prior regulations may be evaluated for the appropriate permit level under current regulations.
(d) Individuals holding permits issued under previous regulations who did not complete the renewal requirements specified for that type of permit may reapply under current regulations.
(e) Effective thirty days after these regulations become effective, the Commission on Teacher Credentialing will no longer issue life permits.
NOTE
Authority cited: Sections 8363, 8370 and 44225(b), Education Code. Reference: Sections 8363 and 8370, Education Code.
HISTORY
1. Repealer of subsections (a)-(c) and new subsections (a)-(d) filed 11-30-78; designated effective 1-1-79 (Register 78, No. 48).
2. Repealer of subsection (d) filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
3. Amendment filed 12-30-85; effective thirtieth day thereafter (Register 86, No. 1).
4. Amendment of section heading and section filed 12-23-96; operative 1-22-97 (Register 96, No. 52).
5. New subsection (b), subsection relettering and amendment of Note filed 7-15-2002; operative 8-14-2002 (Register 2002, No. 29).
§80110. Child Development Assistant Permit.
Note • History
(a) Requirements. Each applicant for a Child Development Assistant Permit shall comply with the procedure prescribed for application in Section 80107 and shall meet one of the following:
(1) Completion of six (6) semester units of early childhood education or child development coursework;
(2) Completion of an accredited secondary Home Economics Related Occupations (HERO) program supported by local, federal, or Regional Occupational Center/Program (ROC/P) funds or Regional Occupational Program (ROP) in Child Development Related Occupations; or
(3) Completion of equivalent training approved by the Commission on Teacher Credentialing. Equivalent training may include traditional coursework taken through a regionally accredited institution of higher education and Commission approved alternative education programs.
(b) An individual may apply for this permit with a “School-Age Emphasis” by completing half of his/her units in school-age coursework.
(c) Term and Renewal. The Child Development Assistant permit shall be issued for five years and may be renewed for a five year period upon submission of the following:
(1) an application for renewal;
(2) required fees; and
(3) verification of completion of 105 hours of professional growth.
(d) Authorization.
(1)The Child Development Assistant Permit authorizes the holder to care for and assist in the development and instruction of children in a child care and development program under the supervision of a CDP Associate Teacher, CDP Teacher, CDP Master Teacher, CDP Site Supervisor, or CDP Program Director.
(2) The Child Development Assistant Permit With School-age Emphasis authorizes the holder to provide all of the services authorized for the Child Development Assistant Permit holder as well as provide services in the care, development, and instruction of children in before-school, after-school and other school age child care programs.
NOTE
Authority cited: Sections 8363, 8370 and 44225(d), Education Code. Reference: Sections 8363 and 8370, Education Code.
HISTORY
1. New section filed 12-23-96; operative 1-22-97 (Register 96, No. 52). For prior history, see Register 82, No. 45.
2. Amendment of subsection (a)(3) filed 4-21-98; operative 5-21-98 (Register 98, No. 17).
3. New subsection (b), subsection relettering, redesignation of newly designated subsection (d) as subsection (d)(1), new subsection (d)(2) and amendment of Note filed 7-15-2002; operative 8-14-2002 (Register 2002, No. 29).
§80111. Child Development Associate Teacher Permit.
Note • History
(a) Requirements. Each applicant for a Child Development Associate Teacher Permit shall comply with the procedure prescribed for application in Section 80107 and shall meet one of the following:
(1) All of the following:
(A) Completion of a minimum of 12 semester units of coursework in early childhood education/child development (exclusive of field work used to satisfy Section 80111 a. 1. B) including at least one course in each of the following core areas: child/human growth and development; child, family and community, or child and family relations; programs/curriculum; and
(B) Fifty days of experience in an instructional capacity in a child care and development program, working at least three hours per day within the last two years.
(2) Completion of the Child Development Associate (CDA) Credential.
(3) Completion of equivalent training approved by the Commission on Teacher Credentialing. Equivalent training may include traditional coursework taken through a regionally accredited institution of higher education and Commission approved alternative education programs.
(b) An individual may apply for this permit with a “School-Age Emphasis” by completing half of his/her units in school-age coursework.
(c) Term and Renewal. A Child Development Associate Teacher Permit shall only be renewed once, and may only be held for a total of ten years. Upon expiration of the renewed Child Development Associate Teacher Permit, the applicant must qualify for the Child Development Teacher Permit.
(1) In order to renew the Child Development Associate Teacher Permit, the applicant must have completed at least fifteen (15) semester units toward the Child Development Teacher Permit.
(2) At the end of the five year renewal period, the applicant must meet all requirements for a Child Development Teacher Permit. The Child Development Associate Teacher Permit may not be renewed a second time.
(3) An application for renewal must be accompanied by the required fees and verification that all renewal requirements have been met.
(d) Authorization.
(1) A Child Development Associate Teacher Permit authorizes the holder to provide service in the care, development, and instruction of children in a child care and development program, and supervise a Child Development Assistant Permit holder and an aide.
(2) The Child Development Associate Teacher Permit With School-age Emphasis authorizes the holder to provide all of the services authorized for the Child Development Associate Teacher Permit holder as well as provide services in the care, development, and instruction of children in before-school, after-school and other school age child care programs.
NOTE
Authority cited: Sections 8363, 8370 and 44225(d), Education Code. Reference: Sections 8363 and 8370, Education Code.
HISTORY
1. Repealer and new section filed 11-30-78; designated effective 1-1-79 (Register 78, No. 48).
2. Amendment filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
3. Amendment filed 12-30-85; effective thirtieth day thereafter (Register 86, No. 1).
4. Repealer and new section filed 12-23-96; operative 1-22-97 (Register 96, No. 52).
5. Amendment of subsection (a)(5) filed 4-21-98; operative 5-21-98 (Register 98, No. 17).
6. New subsection (b), subsection relettering, redesignation of newly designated subsection (d) as subsection (d)(1), new subsection (d)(2) and amendment of Note filed 7-15-2002; operative 8-14-2002 (Register 2002, No. 29).
§80111.1. Life Children's Center Supervision Permit.
Note • History
NOTE
Authority cited: Sections 8363(a), 8370, and 44225(b), Education Code. Reference: Sections 8363 and 8370, Education Code.
HISTORY
1. New section filed 11-30-78; designated effective 1-1-79 (Register 78, No. 48).
2. Amendment filed 12-30-85; effective thirtieth day thereafter (Register 86, No. 1).
3. Repealer filed 12-23-96; operative 1-22-97 (Register 96, No. 52).
§80112. Child Development Teacher Permit.
Note • History
(a) Requirements. Each applicant for a Child Development Teacher Permit shall comply with the procedure prescribed for application in Section 80107 and shall meet one of the following:
(1) All of the following:
(A) Completion of twenty-four semester units of course work in early childhood education/child development including at least one course in each of the following core areas: child/human growth and development; child, family and community, or child and family, relations; programs/curriculum. Either of the following may be used to partially meet the 24-semester units requirements:
1. A two- or three-semester unit supervised field work course, including both the field and course work components, may be used toward the required 24 early childhood education/child development semester units, but the same field work course may not be used to meet the experience requirement listed in Section 80112(a)(1)(B).
2. Successful completion of the Child Development Associate (CDA) Credential, which may be used for nine semester units of credit toward the required 24 semester units.
(B) Completion of 175 days of experience in an instructional capacity in a child care and development program, working at least three hours per day within the last four years.
(C) Completion of sixteen diversified semester units in general education (i.e., at least one course in each of the following areas: Humanities and/or Fine Arts, Social Sciences, Math and/or Science, and English/Language Arts).
(2) Completion of an associate degree or higher in early childhood education or child development or a related field, with a three (3) semester unit supervised field experience in an early childhood education setting.
(3) Completion of equivalent training approved by the Commission on Teacher Credentialing. Equivalent training may include traditional coursework taken through a regionally accredited institution of higher education and Commission approved alternative education programs.
(b) An individual may apply for this permit with a “School-Age Emphasis” by completing half of his/her units in school-age coursework.
(c) Term and Renewal. The Child Development Teacher Permit shall be issued for five years and renewed for successive five year periods upon submission of:
(1) an application for renewal;
(2) required fees; and
(3) verification of completion of 105 hours of professional growth.
(d) Authorization.
(1) A Child Development Teacher Permit authorizes the holder to provide service in the care, development, and instruction of children in a child development program, and supervise a Child Development Permit Associate Teacher, a Child Development Permit Assistant, and an aide.
(2) The Child Development Teacher Permit With School-age Emphasis authorizes the holder to provide all of the services authorized for the Child Development Teacher Permit holder as well as provide services in the care, development, and instruction of children in before-school, after-school and other school age child care programs.
NOTE
Authority cited: Sections 8363, 8370 and 44225(d), Education Code. Reference: Sections 8363 and 8370, Education Code.
HISTORY
1. Repealer and new section filed 11-30-78; designated effective 1-1-79 (Register 78, No. 48).
2. Amendment filed 4-6-81; effective thirtieth day thereafter (Register 81, No. 15).
3. Amendment filed 12-30-85; effective thirtieth day thereafter (Register 86, No. 1).
4. Repealer and new section filed 12-23-96; operative 1-22-97 (Register 96, No. 52).
5. Amendment of subsections (a)(2)-(3) filed 4-21-98; operative 5-21-98 (Register 98, No. 17).
6. New subsection (b), subsection relettering, redesignation of newly designated subsection (d) as subsection (d)(1), new subsection (d)(2) and amendment of Note filed 7-15-2002; operative 8-14-2002 (Register 2002, No. 29).
§80113. Child Development Master Teacher Permit.
Note • History
(a) Requirements. Each applicant for a Child Development Master Teacher Permit shall comply with the procedure prescribed for application in Section 80107 and shall meet one of the following:
(1) All of the following:
(A) Completion of twenty-four semester units of course work in early childhood education/child development including at least one course in each of the following core areas: child/human growth and development; child, family and community, or child and family, relations; programs/curriculum. Either of the following may be used to partially meet the required units:
1. A two- or three-semester unit supervised field work course, including both the field and course work components, may be used toward the required 24 early childhood education/child development semester units, but the same field work course may not be used to meet the experience requirement listed in Section 80113(a)(1)(E).
2. Successful completion of the Child Development Associate (CDA) Credential, which may be used for nine semester units of credit toward the required 24 semester units.
(B) Completion of sixteen diversified semester units in general education (i.e., at least one course in each of the following areas: Humanities and/or Fine Arts, Social Sciences, Math and/or Science, and English/Language Arts).
(C) Completion of six (6) additional semester units in an area of specialization which may include but is not limited to the following:
1. Infant and toddler care;
2. Bilingual and bicultural development;
3. Children with exceptional needs;
4. Preschool programming;
5. Parent/teacher relations;
6. Child health; and
7. Specific areas of developmentally appropriate curriculum.
(D) Completion of two (2) semester units of adult supervision coursework.
(E) Completion of 350 days of experience in an instructional capacity in a child care and development program, working at least three hours per day within the last four years.
(2) Completion of a baccalaureate degree or higher with twelve (12) or more semester units of early childhood education or child development coursework, and a three (3) unit supervised field experience in an early childhood education setting.
(3) Completion of equivalent training approved by the Commission on Teacher Credentialing. Equivalent training may include traditional coursework taken through a regionally accredited institution of higher education and Commission approved alternative education programs.
(b) An individual may apply for this permit with a “School-Age Emphasis” by completing half of his/her units in school-age coursework.
(c) Term and Renewal. The Child Development Master Teacher Permit shall be issued for five years and renewed for five year periods upon submission of the following:
(1) an application for renewal,
(2) required fees, and
(3) verification of completion of 105 hours of professional growth.
(d) Authorization.
(1) A Child Development Master Teacher Permit authorizes the holder to provide service in the care, development, and instruction of children in a child care and development program, and supervise a Child Development Permit Teacher, a Child Development Permit Associate Teacher, a Child Development Permit Assistant, and an aide. A Child Development Master Teacher Permit also authorizes the holder to serve as a coordinator of curriculum and staff development in a child care and development program.
(2) The Child Development Master Teacher Permit With School-age Emphasis authorizes the holder to provide all of the services authorized for the Child Development Master Teacher Permit holder as well as provide services in the care, development, and instruction of children in before-school, after-school and other school age child care programs.
NOTE
Authority cited: Sections 8363, 8370 and 44225(d), Education Code. Reference: Sections 8363 and 8370, Education Code.
HISTORY
1. Repealer and new section filed 4-6-81; effective thirtieth day thereafter (Register 81, No. 15).
2. Repealer and new section filed 12-23-96; operative 1-22-97 (Register 96, No. 52).
3. Amendment of subsection (a)(3) filed 4-21-98; operative 5-21-98 (Register 98, No. 17).
4. Amendment of subsection (a)(1)(C)1., new subsection (b), subsection relettering, redesignation of newly designated subsection (d) as subsection (d)(1), new subsection (d)(2) and amendment of Note filed 7-15-2002; operative 8-14-2002 (Register 2002, No. 29).
§80114. Child Development Site Supervisor Permit.
Note • History
(a) Requirements. Each applicant for a Child Development Site Supervisor Permit shall comply with the procedure prescribed for application in Section 80107 and shall meet one of the following:
(1) All of the following:
(A) Completion of an associate degree or 60 semester units, with at least twenty-four (24) units of early childhood education or child development, including the core courses of child and/or human development; child, family and community; and programs and curriculum.
(B) Completion of six (6) additional semester units of coursework in the administration and supervision of child care and development programs. These six units must include at least two different courses. One course shall be introductory and one course shall be advanced, or they must be courses of different topical content.
(C) Completion of two (2) semester units of adult supervision coursework.
(D) Completion of 350 days of experience in an instructional capacity in a child care and development program, working at least three hours per day within the last four years. Experience must include at least 100 days of supervising adults in a child care and development program.
(2) Completion of a baccalaureate degree or higher with twelve (12) or more semester units of early childhood education or child development coursework, and a three (3) unit supervised field experience in an early childhood education setting.
(3) An Administrative Services credential authorizing services in public schools in California, with twelve (12) semester units of early childhood education or child development coursework and a three (3) semester unit supervised field experience.
(4) A current credential issued by the Commission on Teacher Credentialing authorizing teaching service in a self-contained classroom or a secondary teaching credential in home economics, with twelve (12) semester units of early childhood education or child development coursework and a three (3) semester unit supervised field experience.
(5) Completion of equivalent training approved by the Commission on Teacher Credentialing. Equivalent training may include traditional coursework taken through a regionally accredited institution of higher education and Commission approved alternative education programs.
(b) An individual may apply for this permit with a “School-Age Emphasis” by completing half of his/her units in school-age coursework.
(c) Term and Renewal. The Child Development Site Supervisor Permit shall be issued for five years and renewed for successive five year periods upon submission of:
(1) an application for renewal;
(2) required fees; and
(3) verification of completion of 105 hours of professional growth.
(d) Authorization.
(1) A Child Development Site Supervisor Permit authorizes the holder to supervise a child care and development program operating at a single site, provide service in the care, development, and instruction of children in a child care and development program, and serve as a coordinator of curriculum and staff development in a child care and development program.
(2) The Child Development Site Supervisor Permit With School-age Emphasis authorizes the holder to provide all of the services authorized for the Child Development Site Supervisor Permit holder as well as provide services in the care, development, and instruction of children in before-school, after-school and other school age child care programs.
NOTE
Authority cited: Sections 8363, 8370 and 44225(d), Education Code. Reference: Sections 8363 and 8370, Education Code.
HISTORY
1. Repealer and new section filed 11-30-78; designated effective 1-1-79 (Register 78, No. 48).
2. Amendment filed 12-30-85; effective thirtieth day thereafter (Register 86, No. 1).
3. Repealer and new section filed 12-23-96; operative 1-22-97 (Register 96, No. 52).
4. Editorial correction of subsections (a)(1) and (b) (Register 98, No. 17).
5. Amendment of subsections (a)(1)(A) and (a)(5) filed 4-21-98; operative 5-21-98 (Register 98, No. 17).
6. New subsection (b), subsection relettering, redesignation of newly designated subsection (d) as subsection (d)(1), new subsection (d)(2) and amendment of Note filed 7-15-2002; operative 8-14-2002 (Register 2002, No. 29).
§80114.1. Limited Children's Center Instructional Permit.
Note • History
NOTE
Authority cited: Sections 8363(a), 8370 and 44225(b), Education Code. Reference: Sections 8363, 8370, 44252.7, 45361.5 and 51216, Education Code.
HISTORY
1. New section filed 11-30-78; designated effective 1-1-79 (Register 78, No. 48).
2. Amendment filed 12-30-85; effective thirtieth day thereafter (Register 86, No. 1).
3. Repealer filed 12-23-96; operative 1-22-97 (Register 96, No. 52).
§80115. Child Development Program Director Permit.
Note • History
(a) Requirements. Each applicant for a Child Development Program Director Permit shall comply with the procedure prescribed for application in Section 80107 and shall meet one of the following options:
(1) All of the following:
(A) Completion of a baccalaureate degree with at least twenty-four (24) units of early childhood education or child development, including the core areas of child and/or human development; child, family and community; and programs and curriculum;
(B) Completion of six (6) additional semester units of coursework in the administration and supervision of child care and development programs. These six units must include at least two different courses. One course shall be introductory and one course shall be advanced, or they must be courses of different topical content.
(C) Completion of two (2) semester units of adult supervision coursework.
(D) Child Development Site Supervisor status, with at least one program year of site supervisor experience.
(2) A master's degree or higher in Child/Human Development, Early Childhood Education or closely related field.
(3) An Administrative Services credential authorizing services in public schools in California, with twelve (12) semester units of early childhood education or child development coursework and a three (3) semester unit supervised field experience.
(4) A current credential issued by the Commission on Teacher Credentialing authorizing teaching service in a self contained classroom or a secondary teaching credential in home economics, with twelve (12) semester units of early childhood education or child development coursework, three (3) semester units in a supervised field experience, and six additional semester units in administration of early childhood education or child development.
(5) Completion of equivalent training approved by the Commission on Teacher Credentialing. Equivalent training may include traditional coursework taken through a regionally accredited institution of higher education and Commission approved alternative education programs.
(b) An individual may apply for this permit with a “School-Age Emphasis” by completing half of his/her units in school-age coursework.
(c) Term and Renewal. The Child Development Program Director Permit shall be issued for five years and renewed for successive five year periods upon submission of all of the following:
(1) an application for renewal;
(2) required fees; and
(3) verification of completion of 105 hours of professional growth.
(d) Authorization.
(1) A Child Development Program Director Permit authorizes the holder to supervise a child care and development program operated in a single or multiple sites, provide service in the care, development, and instruction of children in a child care and development program, and serve as a coordinator of curriculum and staff development in a child care and development program.
(2) The Child Development Program Director Permit With School-age Emphasis authorizes the holder to provide all of the services authorized for the Child Development Program Director Permit holder as well as provide services in the care, development, and instruction of children in before-school, after-school and other school age child care programs.
NOTE
Authority cited: Sections 8363, 8370 and 44225(d), Education Code. Reference: Sections 8363 and 8370, Education Code.
HISTORY
1. New section filed 12-23-96; operative 1-22-97 (Register 96, No. 52). For prior history, see Register 81, No. 13.
2. Amendment of subsection (a)(2), subsection renumbering, and amendment of newly designated subsection (a)(5) filed 4-21-98; operative 5-21-98 (Register 98, No. 17).
3. New subsection (b), subsection relettering, redesignation of newly designated subsection (d) as subsection (d)(1), new subsection (d)(2) and amendment of Note filed 7-15-2002; operative 8-14-2002 (Register 2002, No. 29).
§80116. Procedures for Denial, Private Admonition, Public Reproval, Suspension and Revocation.
Note • History
All proceedings for the denial, private admonition, public reproval, suspension or revocation of permits authorizing service in children's centers or child development programs are governed by the laws and regulations that govern the denial, private admonition, public reproval, suspension or revocation of a credential.
NOTE
Authority cited: Sections 44225, 44242 and 44243, Education Code. Reference: Section 44244, Education Code.
HISTORY
1. Repealer and new section filed 3-26-81; effective thirtieth day thereafter (Register 81, No. 13).
2. Amendment of section heading and section filed 12-23-96; operative 1-22-97 (Register 96, No. 52).
§80117. Procedures for Denial, Suspension, and Revocation of Children's Center Permits.
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 8363, Education Code.
HISTORY
1. Repealer filed 3-26-81; effective thirtieth day thereafter (Register 81, No. 13).
§80120. Purpose and Categories of Waivers.
Note • History
The following categories of waivers will be considered under the provisions of Education Code Section 44225(m):
(a) Short-Term Waivers: Waivers to give local agencies one semester or less to address unanticipated, immediate, short-term organizational needs by assigning teachers who hold a basic credential to teach outside of their credential authorization, with the teacher's consent.
(b) Variable Term Waivers: Waivers to provide applicants with additional time to complete the requirements for the credential that authorizes the service or to provide employing agencies time to fill the assignment with an individual who either holds an appropriate credential or qualifies under one of the available assignment options. This includes:
(1) Waivers to facilitate assignment in school programs addressing issues of educational reform;
(2) Waivers to employ or assign identified individuals when the employing agency finds there is an insufficient number of certificated persons who meet the specified employment criteria for the position;
(3) Waivers to temporarily exempt geographically isolated regions, which have severely limited ability to develop personnel, from specific state requirements for educator preparation, licensing or assignment; or
(4) Other temporary waivers granted at the discretion of the Commission.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Section 44225, subdivisions (g) and (m), Education Code.
HISTORY
1. New section filed 4-20-94; operative 5-20-94 (Register 94, No. 16).
2. Amendment of section heading and subsections (b)-(b)(2) filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
§80121. General Provisions Governing Waivers.
Note • History
(a) Definition of Terms. Terms that are used in Sections 80120 through 80124, inclusive, shall have the following meanings.
(1) The term “employing agency” means the school district; county office of education; private school; nonpublic, nonsectarian school or agency as defined in Education Code Sections 56365 and 56366; or postsecondary institution that submits a waiver application.
(2) “Applicant” means the individual for whom a waiver application is submitted.
(3) “SELPA” means a Special Education Local Planning Area.
(4) A “short-term waiver” is a temporary waiver with a term of one semester or less as described under Section 80120(a).
(5) A “variable term waiver” is a temporary waiver with a term as specified by the Commission.
(b) Waiver Service Restrictions. Except as specified by the Commission, service authorized by a waiver shall be restricted to the employing agency that submitted the waiver application and to the assignment specified on the waiver document.
(c) Authorization to Apply for Waivers. Each application for a variable term waiver shall be submitted to the Commission on behalf of the individual identified in the application. The following may submit applications for variable term waivers:
(1) public school districts in California;
(2) county offices of education or county superintendents of schools in California;
(3) postsecondary institutions;
(4) private schools in California (in particular, nonpublic, nonsectarian schools and agencies as defined in Education Code Sections 56365 and 56366); and
(5) individuals.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Section 44225, subdivisions (g) and (m), Education Code.
HISTORY
1. New section filed 4-20-94; operative 5-20-94 (Register 94, No. 16).
2. Amendment of subsections (a)(1), (a)(4), (a)(5), (b), (c) and (c)(4) filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
§80122. Requirements for Variable Term Waivers.
Note • History
The application for a waiver document shall include all of the following:
(a) Name of Employing Agency. The application shall identify the employing agency seeking a waiver.
(b) Section Number. The application shall cite the specific Education Code or Title 5 section number(s) for which a waiver is being requested. In the case of waivers for the purpose of assignment in school programs addressing issues of educational reform, the application may instead identify the plan under which the reform will take place and, if applicable, the date when the plan was approved by the employing agency or the appropriate state agency, whichever came later.
(c) Reason for Waiver. The application shall summarize the reason the waiver is being requested, including, but not limited to, the specific employment criteria for the position that must be filled, a description of the efforts to locate and recruit individuals who hold the appropriate credential or who can be assigned under one of the available assignment options, and a description of the efforts the employing agency has made to establish alternative training options such as co-sponsoring internships with institutions of higher education or establishing a District Intern program.
(d) Proposed Solution. The application shall describe how the waiver will remedy the situation, give the rationale for the request including what makes the applicant the best candidate to fill the position, and describe any negative effect(s) that are likely to occur if the request is not granted.
(e) Identification of Applicant. The application shall identify, by name, date of birth and Social Security number, the applicant for whom the waiver is requested.
(f) If the applicant does not already have fingerprint clearance on file with the Commission, the application must include two fingerprint cards and the completed Application for Character and Identification Clearance (form 41-CIC, rev 11-93), and appropriate fee(s).
(g) Requirements and Commitment. The request shall:
(1) list the requirement(s) that the applicant must complete to be eligible for the credential which authorizes the service being requested and the anticipated date(s) of completion of those requirement(s),
(2) include a commitment by the applicant, in the form of an original signature, to pursue a course of study leading to full certification, with the understanding that no subsequent waiver will be requested should the applicant fail to verify completion of requirement(s) leading toward the credential,
(3) list the name and/or position of any person assigned to provide support and assistance to the applicant while he or she is serving on the waiver, and
(4) state that the employing agency has made a commitment to support and assist the applicant, as feasible, in completing the credentialing requirement(s).
(h) Additional Requirements
(1) To fill a position to serve special education students, the employing agency must include the SELPA among those receiving notice of the intent to request a waiver.
(i) Effective Date and Proposed Duration. The application shall specify the beginning date of service on the waiver and the date when the waiver will cease to be needed.
(j) Public Notice. The request shall include verification that a notice of intent to employ the applicant in the position identified has been made public as follows:
(1) If the waiver request is being submitted by a public school district, it must include a copy of the agenda item presented to the governing board of the district in public meeting with a signed statement from the superintendent, or his or her designee, that the item was acted upon favorably. The agenda item must state the name of the applicant, the assignment in which the applicant will be employed including the subject(s) and grade level(s) that he or she will be teaching and that the applicant will be employed on the basis of a credential waiver.
(2) If the waiver request is being submitted by a county office of education, state operated school, or nonpublic, nonsectarian school or agency, it must include a dated copy of the notice that was posted at least 72 hours before the position was filled and a signed statement from the superintendent or administrator or his or her designee that there were no objections to the waiver request. The notice must state the name of the applicant, the assignment in which the applicant will be employed including the subject(s) and grade level(s) that he or she will be teaching and that the applicant will be employed on the basis of a credential waiver.
(k) Signatures. The application shall include the signature of the district personnel administrator or superintendent or the county superintendent if service will be provided in a county-operated school or the administrator of the state-operated school or of the nonpublic, nonsectarian school or agency, or his or her designee certifying that the information provided is accurate and complete.
(l) Fee(s). Effective July 1, 1996, the waiver request shall include payment of the fee(s) required by Section 80487. Waiver requests for individuals who hold a valid non-emergency teaching credential based on possession of a baccalaureate degree from a regionally accredited institution and completion of a professional preparation program that includes student teaching shall include payment of the fee(s) required by all sub-sections of Section 80487, as appropriate, except 80487(a)(1).
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Section 44225, subdivisions (g) and (m) and 44235, Education Code.
HISTORY
1. New section filed 4-20-94; operative 5-20-94 (Register 94, No. 16).
2. Amendment of section heading and section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
3. Amendment of first paragraph and new subsection (l) filed 5-9-96; operative 6-10-96 (Register 96, No. 19).
4. Amendment of subsections (j)(1) and (j)(2) filed 12-23-98; operative 1-22-99 (Register 98, No. 52).
5. Amendment of subsection (g)(2) and repealer of subsection (h)(2) filed 5-21-2002; operative 6-20-2002 (Register 2002, No. 21).
§80123. Requirements for Short-Term Waivers.
Note • History
(a) Local Approval of Short-Term Waivers. Employing agencies may grant a short-term waiver as described under Section 80120(a) without prior approval by the Commission, provided that a short-term waiver may be issued one time only for any individual, and one time only for a given class.
(b) Notification of County Offices. Pursuant to Education Code Section 44258.9, school districts using a short-term waiver shall provide the following information to the county office of education:
(1) Identification of the Applicant. The notification shall identify, by name and Social Security number, the individual for whom the short-term waiver was issued.
(2) Authorization and Assignment. The notification shall specify the credential that the individual holds and the assignment that the individual is filling as a result of the short-term waiver.
(3) Reason for Waiver. The notification shall explain the situation that led to the need for the short-term waiver.
(4) Effective Date and Proposed Duration. The notification shall specify the beginning and ending dates of service on the waiver.
(5) Other. The county office of education may require other information as necessary.
(c) Notification of the Commission. Pursuant to Education Code Section 44258.9(d), county offices of education shall report the use of short-term waivers as described in subsection (b) above in school districts and in county-operated schools to the Commission annually. In addition, the Commission may request information concerning the use of short-term waivers from other employing agencies.
(d) The Commission may rescind the authority of any employing agency to grant a short-term waiver upon a finding that the agency has intentionally violated any provision of Sections 80120 or 80123.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Section 44225, subdivisions (g) and (m), Education Code.
HISTORY
1. New section filed 4-20-94; operative 5-20-94 (Register 94, No. 16).
2. Amendment of section heading and subsection (a), repealer of subsections (b)-(c) and new subsections (b)-(d) filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
§80124. Requirements for a Request for a Subsequent Variable Term Waiver for a Specific Applicant.
Note • History
(a) A request for a subsequent variable term waiver for a specific applicant in the same assignment shall meet the requirements of Section 80122 and must include verification that the applicant has fulfilled his or her commitment to pursue the completion of requirements leading toward the credential which authorizes the service.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Section 44225, subdivisions (g) and (m), Education Code.
HISTORY
1. New section filed 4-20-94; operative 5-20-94 (Register 94, No. 16).
2. Amendment of section heading and subsection (a) and repealer of subsection (b) filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
3. Amendment filed 8-9-2007; operative 9-8-2007 (Register 2007, No. 32).
§80125. Submitting Requests for Variable Term Waivers; Approvals and Denials.
Note • History
(a) Requests for variable term waivers must be submitted on a form developed and provided by the Commission pursuant to Section 80122 and must include written documentation supporting the waiver, including, but not limited to, dated copies of announcements of the vacancy, a job description detailing the specific employment criteria for the position, official transcripts, the original foreign transcript evaluation letter, examination score reports, and verifications of experience.
(b) A waiver request should be submitted to the Commission prior to the applicant's beginning day of service. The Commission will honor the beginning date of service listed on the waiver request as long as the waiver request is submitted within ninety (90) days of the beginning date of service listed on the waiver request.
(1) Waiver requests received in the Commission office after the ninety (90) day deadline following the beginning date of service will be denied due to lateness and considered as a final notice of denial.
(2) The Commission shall promptly mail a notice of denial to the employing agency, the applicant, and the county office of education when applicable. Upon receipt of the notice of denial, the employing agency shall remove the applicant from the assignment at the end of the working day.
(c) Waiver requests received within the ninety (90) day deadline following the beginning date of service are reviewed by the Commission.
(1) If the applicant qualifies for a credential or permit that authorizes the service, the waiver request may be returned for an application and fee, as appropriate, for the credential or permit authorizing the service.
(2) When the applicant meets the requirements as specified in Section 80122, and following the conclusion of a fitness review performed by the Division of Professional Practices, a numbered waiver document will be issued. The waiver document identifies the applicant's credential goal and authorizes the service appropriate to that goal.
(3) When the applicant does not meet the requirements as specified in Section 80122 or insufficient information is provided by the employing agency, the waiver will be denied. The Commission shall promptly mail a notice of denial to the employing agency, the applicant, and the county office of education when applicable.
(A) The notice of denial will explain the reasons for the denial and afford the employing agency an opportunity to submit additional information in support of the waiver request that was not available at the time the request was originally submitted. If the employing agency intends to resubmit the waiver request pursuant to (c)(4) of this section, the applicant may remain in the assignment until a final determination on eligibility is made. If the waiver request is not resubmitted pursuant to (c)(4) of this section, upon receipt of the notice of denial, the employing agency shall remove the applicant from the assignment at the end of the working day.
(4) Waiver requests that are denied for insufficient information or ineligibility that are resubmitted within thirty (30) days of the date on the notice of denial are reviewed by the Commission.
(A) When the applicant qualifies for a credential or permit that authorizes the service, the waiver request will be returned for an application and fee, as appropriate, for the credential or permit authorizing service.
(B) When the applicant meets the requirements as specified in 80122, and following the conclusion of a fitness review performed and approval by the Division of Professional Practices, a numbered waiver document will be issued. The waiver document identifies the applicant's credential goal and authorizes the service appropriate to that goal.
(C) When the applicant does not meet the requirements as specified in Section 80122 or insufficient information is provided by the employing agency, the waiver will be denied. The Commission shall promptly mail a final notice of denial to the employing agency, the applicant, and the county office of education when applicable. Upon receipt of the final notice of denial, the employing agency shall remove the applicant from the assignment at the end of the working day.
(5) Waiver requests that are denied for insufficient information or ineligibility that are resubmitted after thirty (30) days of the denial, will be denied. The Commission shall promptly mail a final notice of denial to the employing agency, the applicant, and the county office of education when applicable. Upon receipt of the final notice of denial, the employing agency shall remove the applicant from the assignment at the end of the working day.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Section 44225, subdivisions (g) and (m), Education Code.
HISTORY
1. New section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2. Amendment filed 9-5-96; operative 10-5-96 (Register 96, No. 36).
3. Amendment of subsection (a), new subsection (b), subsection relettering, and amendment of newly designated subsections (c) and (e)(2) filed 12-23-98; operative 1-22-99 (Register 98, No. 52).
4. Amendment filed 8-9-2007; operative 9-8-2007 (Register 2007, No. 32).
Article 6. Positions Requiring Administrative Credentials or Supervision Credentials
HISTORY
1. Repealer of Article 6 (Sections 80125-80127) filed 2-3-83; effective thirtieth day thereafter (Register 83, No. 6). For prior history, see Registers 79, No. 44 and 77, No. 51.
Article 7. Code of Ethics of the Teaching Profession
NOTE
Authority cited for Article 7: Section 44421, Education Code.
HISTORY
1. Amendment and renumbering of Part I, Division 6, Chapter 1, Article 1 (Sections 5480-5485) to Part VIII, Chapter 1, Article 7 (Sections 80130-80132), filed 12-16-77; effective thirtieth day thereafter (Register 77, No. 21). For prior history see Register 77, No. 21 and Register 70, No. 17.
2. Repealer of Article 7 (Sections 80130-80132) filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
Chapter 2. Rules of Procedure for the Commission
Article 1. General Provisions
§80150. Definitions. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. New Article 1 (Sections 80150-80180, not consecutive) filed 1-11-79; effective thirtieth day thereafter (Register 79, No. 2).
2. Repealer filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44218, Education Code.
HISTORY
1. Repealer filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
§80156. Chairman and Vice-Chairman. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Repealer filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Repealer filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
§80162. Vice-Chairman. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Repealer filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Repealer filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
§80168. Chairman Pro Tempore. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Repealer filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
Note • History
(a) The Executive Secretary shall perform and discharge under the direction and control of the Commission the powers, duties, purposes, functions, and jurisdiction vested in the Commission and delegated to the Executive Secretary by the Commission.
(b) The Commission reserves to itself the authority to approve contracts with the following characteristics:
(1) Contracts or agreements for goods or services with a value in excess of $12,000, when such contracts are not let under the auspices of a state master agreement or regulation.
(2) Contracts or agreements for personal services with a value in excess of $12,000 or a duration longer than two months.
(3) Contracts or agreements to be entered into without advertising or bidding (sole source contracts) with a value in excess of $12,000, when the Commission or its staff initiates the request to let a sole source contract rather than on the basis of competitive bids.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Section 44220.
HISTORY
1. Repealer of subsection (b) and new subsections (b)-(b)(3) filed 7-1-92; operative 7-31-92 (Register 92, No. 28).
§80174. Duties of the Officers. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Repealer filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
§80177. Staff of the Commission. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44221, Education Code.
HISTORY
1. Repealer filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
§80180. Administrative Review of Grievance. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Repealer filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
Article 2. Rules of Procedure
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44219, Education Code.
HISTORY
1. New Article 2 (Sections 80190-80217, not consecutive) filed 1-11-79; effective thirtieth day thereafter (Register 79, No. 2).
2. Repealer of Article 2 (Sections 80190-80217, not consecutive) filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
Article 3. Conflict of Interest Code
Note • History
The Political Reform Act, Government Code Sections 81000, et seq., requires state and local government agencies to adopt and promulgate conflict-of-interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regulations Section 18730, which contains the terms of a standard conflict-of-interest code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 Cal. Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix in which officials and positions are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the conflict-of-interest code of the Commission on Teacher Credentialing (Agency).
Designated positions shall file statements of economic interests with the Agency. Upon receipt of the statements of the Commissioners, the Agency shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission.
For the remainder of the designated positions, the Agency shall, upon receipt of their statements, file them and make available for public inspection and reproduction upon request (Government Code Section 81008).
NOTE
Authority cited: Sections 87300 and 87304, Government Code. Reference: Section 87300, et seq., Government Code.
HISTORY
1. New Chapter (Sections 80225-80232) filed 3-8-78; effective thirtieth day thereafter. Approved by the Fair Political Practices Commission 10-4-77 (Register 78, No. 10).
2. Redesignation of Sections 80225-80232 as Article 3 of Chapter 2 filed 1-11-79; effective thirtieth day thereafter (Register 79, No. 2).
3. Repealer of Article 3 (Sections 80225-80232) and new Article 3 (Section 80225 and Appendix) filed 2-26-81; effective thirtieth day thereafter. Approved by the Fair Political Practices Commission 12-1-80 (Register 81, No. 9).
4. Amendment of section and Appendix filed 4-11-96; operative 5-11-96. Approved by Fair Political Practices Commission 2-14-96 (Register 96, No. 15).
5. Amendment of appendix filed 11-10-97; operative 12-10-97. Approved by Fair Political Practices Commission 9-10-97 (Register 97, No. 46).
6. Amendment of Appendix filed 7-13-99; operative 8-12-99. Approved by Fair Political Practices Commission 6-11-99 (Register 99, No. 29).
7. Amendment of Appendix filed 2-15-2000; operative 3-16-2000. Approved by Fair Political Practices Commission 12-17-99 (Register 2000, No. 7).
8. Amendment of Appendix filed 12-12-2001; operative 1-11-2002. Approved by Fair Political Practices Commission 10-5-2001 (Register 2001, No. 50).
9. Amendment of section and Appendix filed 3-5-2009; operative 4-4-2009. Approved by Fair Political Practices Commission 12-9-2008 (Register 2009, No. 10).
Appendix
Assigned
Designated Positions Disclosure Categories
Commissioner 1,2,3,4,5,6
Executive Director 1,2,3,4,5,6
Director, Division of Administration 1,2,3,4,5,6
Director, Division of Professional Practices/General Counsel 1,2,3,4,5,6
Director, Certification, Assignments and Waivers Division 1,2,3,4,5,6
Director, Professional Services Division 1,2,3,4,5,6
Staff Counsel and above 1,2,3,4,5,6
Data Processing Manager III 1,2,3,4,5,6
Manager, Division of Professional Practices 3,4
Manager, Executive Office 3,4
Manager, Certification, Assignment, and Waivers Division 3,4
Manager, Office of Human Resources 3,4
Senior Information Systems Analyst (Supervisory) 2,3,4
Committee of Credentials Member 5,6
Committee of Accreditation Member 1,2,4
Consultants, including Education Project Specialists, Education
Research and Evaluation Consultants, Consultants in Teacher
Preparation (Examinations and Research), and Consultants in
Teacher Preparation (Program Evaluation and Research) 1,2,3,4
Teacher Preparation Administrator I (Examinations and Research) 1,2,3,4
Teacher Preparation Administrator I (Program Evaluation and
Research) 1,2,3,4
Consultant*
_______________
*The Executive Director may determine in writing that a particular consultant, although a “designated position” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive Director determination is a public record and shall be retained for public inspection in the same manner and location as this conflict-of-interest code (Government Code Section 81008).
_______________
Disclosure Categories
Category 1
Designated officials or positions assigned to this category must report:
Any business positions and income, including gifts, loans, and travel payments, from any school, college, or university offering courses or curricula which are approved by the Commission on Teacher Credentialing.
Category 2
Designated officials or positions assigned to this category must report:
All interests in real property, as well as investments, business positions, and income, including gifts, loans, and travel payments, from business entities which are engaged in providing research work, program development, program auditing, testing and examination or professional consulting work or services of the type utilized by the Commission on Teacher Credentialing.
Category 3
Designated officials or positions assigned to this category must report:
All interests in real property, as well as investments, business positions, and income, including gifts, loans, and travel payments, from business entities which contracts to provide goods and services, renders services or sells products or equipment of the type utilized by the Commission on Teacher Credentialing or manufacturers, wholesales or distributes such products or equipment.
Category 4
Designated officials or positions assigned to this category must report:
All interests in real property, as well as investments, business positions, and income, including gifts, loans, and travel payments, from business entities which would be beneficially or adversely affected by current pending legislation which amends the education code.
Category 5
Designated officials or positions assigned to this category must report:
All interests in real property, as well as investments, business positions, and income, including gifts, loans, and travel payments, from business entities if, within the previous four years, the Commission on Teacher Credentialing has taken any civil or administrative action against such entity, or has intervened in such action.
Category 6
Designated officials or positions assigned to this category must report:
All interests in real property, as well as investments, business positions and income, including gifts, loans, and travel payments, from business entities or professions where the business entity or profession is regulated by the Commission on Teacher Credentialing.
Article 4. Information Practices
§80250. Policies Established by the Executive Secretary. [Repealed]
Note • History
NOTE
Authority cited: Section 1798.20, Civil Code.
HISTORY
1. New Article 4 (Sections 80250 and 80255) filed 1-11-79; effective thirtieth day thereafter (Register 79, No. 2).
2. Repealer filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
§80255. Administrative Remedy.
Note
(a) When an individual is entitled under Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code to gain access to, inspect, copy, or amend information held by the Commission, and where said individual is denied such right by the staff of the Commission, he or she may appeal such denial to the Commission.
(b) Pursuant to Civil Code Section 1798.40 an individual whose information held by the Commission has been classified as confidential may request that the Commission review the classification. Such request shall be filed with the Commission within 30 days of notification of the classification. Within 30 days subsequent to said review the Commission shall notify the individual of the findings of the review.
(c) An appeal pursuant to this section shall be in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
NOTE
Authority cited: Section 1798.20, Civil Code. Reference: Section 1798.40, Civil Code.
Chapter 2.5. Approved Programs [Repealed]
HISTORY
1. Repealer of chapter 2.5 (articles 1-2, sections 80256-80280) filed 4-21-2000; operative 5-21-2000 (Register 2000, No. 16).
Chapter 3. Committee of Credentials
Article 1. General Provisions
Note • History
(a) “Adverse action” is a denial, a private admonition, public reproval, suspension or a revocation of one or more credentials.
(b) “Aggravating factor” is an event or circumstance which demonstrates that a greater degree of adverse action for an act of professional misconduct is needed to adequately protect the public, schoolchildren or the profession. Aggravating factors may include, but are not limited to, the following:
(1) a prior record of adverse action including the nature and extent of that record;
(2) that the misconduct evidences multiple acts of wrongdoing or demonstrate a pattern of misconduct;
(3) that the misconduct was surrounded by or followed by bad faith, dishonesty or other violation of the laws governing educators;
(4) that the misconduct significantly harmed a child entrusted to the care of a credential holder or applicant, significantly harmed the public or the educational system;
(5) that the holder or applicant demonstrated indifference toward the consequence of the misconduct, which includes failure to comply with known court orders; or
(6) that the holder or applicant had prior notice, warnings or reprimands for similar conduct from any reliable source.
(c) “Applicant” is an individual applying for a credential, permit, waiver or other certification document issued by the Commission on Teacher Credentialing.
(d) “Commission” is the Commission on Teacher Credentialing or a predecessor agency.
(e) “Committee” is the Committee of Credentials.
(f) “Confidential investigative report” is a summary of applicable law and relevant facts, as well as information regarding aggravating and mitigating factors, prepared and presented to the Committee pursuant to Education Code section 44242.5(c)(2).
(g) “Credential” is any credential, certificate, life document, life diploma, permit, certificate of clearance, or waiver, or other document which authorizes the holder to perform services which require certification and was issued by the Commission.
(h) “Complainant” is the person or persons filing a statement pursuant to Education Code section 44242.5(b)(2), or an employer filing a notice pursuant to Education Code section 44242.5(b)(3), or (4).
(i) “Denial” is refusal to grant a credential to an applicant whose conduct comes within the provisions of Education Code sections 44435 or 44346.
(j) “Employer” is the entity which contracts with or otherwise engages a holder or applicant for the performance of educational services.
(k) “Formal review” is the meeting held pursuant to Education Code section 44244.
(l) “Holder” is an individual possessing a credential, permit, waiver or other certification document issued by the Commission.
(m) “Mitigating factor” is an event or circumstance which demonstrates that the public, schoolchildren and the profession would be adequately protected by a more lenient degree of adverse action or no adverse action whatsoever. Mitigating factors may include, but are not limited to, the following factors:
(1) absence of any prior record of adverse action over many years of educational service, coupled with present misconduct which is not deemed most serious;
(2) lack of harm to the person who is the object of the misconduct;
(3) emotional or physical difficulties suffered by the holder or applicant which substantially contributed to the misconduct; provided that the difficulties were not the product of illegal conduct by the credential holder or applicant, such as illegal drug or substance abuse; and further provided that the credential holder or applicant has established through clear and convincing evidence that he or she no longer has such difficulties;
(4) a demonstration of good character of the applicant or holder attested to by references from the educational community or the general community from individuals aware of the extent of the applicant's or holder's misconduct;
(5) objective action taken by the applicant or holder, spontaneously demonstrating remorse at the time of the misconduct, and recognition of the wrongdoing which is designed to timely make amends for the consequences of the misconduct;
(6) the proximity or remoteness in time relative to the seriousness of the misconduct; or
(7) the nature and extent of subsequent rehabilitation.
(n) “Private admonition” is an adverse action defined and governed by Education Code section 44438.
(o) “Probable cause” is reasonable grounds for belief in the existence of facts warranting adverse action.
(p) “Public reproval” is a public warning from the Commission that conduct is not appropriate for a credential holder or applicant. Following a public reproval, commission of the same or similar misconduct may result in more serious adverse action. It is issued only when adequate to appropriately protect the public, schoolchildren and the profession.
(q) “Recurring conduct” is behavior involving the exercise of consistently poor judgment or misconduct.
(r) “Revocation” is the termination of an individual's ability to work in a position requiring certification. Once effective, the revocation continues unless the individual is reinstated by the Commission.
(s) “Sexual misconduct” is:
(1) acts or conduct, directed at a minor which a reasonable person would believe to be motivated by sexual interest;
(2) acts or conduct defined in Education Code section 44010 whether or not the applicant or holder was convicted or arrested; or
(3) the proliferation or distribution of child pornography or the exploitation of any minor through the use of any pornography by a credential holder or applicant. “Pornography” consists of the acts defined in Part 1, Title 9, Chapters 7.5 and 7.6 of the Penal Code, commencing with section 311.
(t) “Suspension” is the temporary inactivation of a credential for a specified period of time. A suspension may be stayed on conditions of probation or may be an actual suspension or may be both. If an actual suspension, the credential holder may not work in a position requiring a credential during the period of actual suspension.
(1) A “stayed suspension” may be issued for a specified period of time only if the stay and performance of specified rehabilitative or probationary duties by the credential holder during the period of the stay is deemed consistent with the purposes of professional discipline.
(2) An “actual; suspension” may be issued for a specified period of time. Actual suspensions imposed for one year or longer shall require presentation of sufficient proof to the Commission of the credential holder's rehabilitation, or present fitness to perform the duties authorized by the credential before the suspension may terminate.
NOTE
Authority cited: Sections 44225(q) and 44242.7(b), Education Code. Reference: Sections 44002, 44225(q), 44242.7, 44242.5, 44421, 44244 and 44438, Education Code.
HISTORY
1. New section filed 8-8-97; operative 9-7-97 (Register 97, No. 32). For prior history, see Register 82, No. 45.
2. Amendment of subsections (g) and (k) and amendment of Note filed 3-24-2005; operative 4-23-2005 (Register 2005, No. 12).
§80301. Notice to Applicants for Issuance or Renewal of Credentials; Character and Identification Clearance.
Note • History
(a) An applicant for issuance or renewal of a credential shall not be required to disclose, and the Committee of Credentials shall not inquire into or consider, any acts or omissions not related to his or her fitness or competence to perform the duties authorized by his or her credential.
(b) Each applicant for initial issuance of a credential shall submit a completed Application for Credential Authorizing Public School Service form as specified in §80001 on which he or she will set forth evidence of identification and good moral character which shall be used for the sole purpose of determining the applicant's eligibility for a credential, Certificate of Clearance, or Activity Supervisor Clearance Certificate.
(c) The Application for Credential Authorizing Public School Service form as specified in §80001 shall include, but not be limited to, the following information for applicants:
(1) that the Commission is prohibited from issuing to or renewing the credential of any person convicted of any sex offense listed under Education Code Section 44010; or any narcotics offense listed under Education Code Section 44011; or who has been determined to be a mentally disordered sex offender; or that if a person holds a credential and has been convicted of any offense listed in Education Code Section 44424, such credential must be revoked.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44339, 44346, 44425 and 49024, Education Code.
HISTORY
1. New section filed 11-15-83; effective thirtieth day thereafter (Register 83, No. 47).
2. Amendment of subsection (c)(1), repealer of subsection (c)(2) and amendment of Note filed 8-8-97; operative 9-7-97 (Register 97, No. 32).
3. Amendment of section heading, subsections (b) and (c) and Note filed 4-25-2012; operative 5-25-2012 (Register 2012, No. 17).
§80301.5. Standards for Investigation or Pursuance of Offenses. [Repealed]
Note • History
NOTE
Authority cited: Sections 44225(b) and 44339(a), Education Code. Reference: Sections 44339, 44421, 44345 and 44346, Education Code.
HISTORY
1. New section filed 11-15-83; effective thirtieth day thereafter (Register 83, No. 47).
2. Amendment filed 4-23-85; effective thirtieth day thereafter (Register 85, No. 17).
3. Repealer filed 8-8-97; operative 9-7-97 (Register 97, No. 32).
§80302. Standards for Investigation.
Note • History
(a) The Committee, in conducting its investigation, shall determine the relationship between the alleged misconduct and the applicant's or holder's fitness, competence, or ability to effectively perform the duties authorized by the credential. Such relationship may be based on facts which include, but are not limited to, the following:
(1) The likelihood that the conduct may have adversely affected students, fellow teachers, or the educational community, and the degree of such adversity anticipated;
(2) The proximity or remoteness in time of the conduct;
(3) The type of credential held or applied for by the person involved;
(4) The extenuating or aggravating circumstances surrounding the conduct;
(5) The praiseworthiness or blameworthiness of the motives resulting in the conduct;
(6) The likelihood of the recurrence of the questioned conduct;
(7) The extent to which disciplinary action may inflict an adverse impact or chilling effect upon the constitutional rights of the person involved, or other certified persons;
(8) The publicity or notoriety given to the conduct.
(b) If the Committee finds no relationship between the alleged misconduct and the applicant's or holder's fitness, competence or ability to effectively perform the duties authorized by the credential the Committee shall close the investigation.
NOTE
Authority cited: Section 44225(q) Education Code. Reference: Morrison v. State Board of Education (1969) 1 Cal.3d 214; Pettit v. State Board of Education (1973) 10 Cal.3d 29; Watson v. State Board of Education, (1971) 22 Cal. App. 3d 559; and Section 44242.5(c), Education Code.
HISTORY
1. New section filed 8-8-97; operative 9-7-97 (Register 97, No. 32). For prior history, see Register 82, No. 45.
§80303. Reports of Change in Employment Status.
Note • History
(a) Whenever a credential holder, working in a position requiring a credential:
(1) is dismissed or nonreelected;
(2) resigns;
(3) is suspended or placed on unpaid administrative leave as a final adverse employment action for more than 10 days;
(4) retires; or
(5) is otherwise terminated by a decision not to employ or re-employ; as a result of an allegation of misconduct or while an allegation of misconduct is pending, the superintendent of the employing school district shall report the change in employment status to the Commission not later than 30 days after the employment action.
(b) The report shall contain all known information about each alleged act of misconduct.
(c) The report shall be made to the Commission regardless of any proposed or actual agreement, settlement, or stipulation not to make such a report. The report shall also be made if allegations served on the holder are withdrawn in consideration of the holder's resignation, retirement or other failure to contest the truth of the allegations.
(d) Failure to make a report required under this section constitutes unprofessional conduct. The Committee may investigate any superintendent who holds a credential who fails to file reports required by this section.
(e) The superintendent of an employing school direct shall, in writing, inform a credential holder of the content of this regulation whenever that credential holder, working in a position requiring a credential, is dismissed, nonreelected, resigns, is suspended or placed on unpaid administrative leave as a final adverse employment action for more than ten days, retires or is otherwise terminated by a decision not to employ or re-employ as a result of an allegation of misconduct or while an allegation of misconduct is pending. Failure to comply with this subdivision by a superintendent of schools constitutes unprofessional conduct which shall be investigated by the Committee of Credentials.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Section 44242.5(b)(3), Education Code; and California Teachers Association v. California Commission on Teacher Credentialing, (Sacramento Superior Court Case No. 98AS03278, Judgment Granting In Part Request For Declaratory Relief, filed April 26, 1999.)
HISTORY
1. New section filed 8-8-97; operative 9-7-97 (Register 97, No. 32). For prior history, see Register 82, No. 45.
2. Change without regulatory effect amending subsections (a)(5), (c) and (d) and amending Note filed 4-2-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 14).
3. Amendment of subsection (a)(1), (a)(3), (a)(5), (d) and (e) filed 3-24-2005; operative 4-23-2005 (Register 2005, No. 12).
§80304. Notice of Sexual Misconduct.
Note • History
(a) A notice filed pursuant to Education Code section 44242.5(b)(4) alleging sexual misconduct shall contain all of the following information:
(1) name of the holder alleged to have engaged in misconduct;
(2) name, age and address of each victim of the alleged misconduct;
(3) a summary of all information known to the employer regarding the alleged misconduct; and
(4) a summary of the action, if any, taken at the direct level by the employer in response to the complaint of sexual misconduct.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Section 44242.5(b)(4), Education Code.
HISTORY
1. New section filed 8-8-97; operative 9-7-97 (Register 97, No. 32). For prior history, see Register 82, No. 45.
§80305. Continuance. [Repealed]
Note • History
NOTE
Authority cited: Sections 44225, 44242, 44243, Education Code. Reference: Section 44244, Education Code.
HISTORY
1. Repealer filed 11-2-82; effective thirtieth day thereafter (Register 82, No 45).
§80306. Time for Presentation of Allegations.
Note • History
(a) With the exceptions set forth in Education Code section 44242.7(a), an allegation of an act or omission by a credential holder shall be presented to the Committee within four years from the date of the alleged act or omission, or within one year from the date the act or omission should reasonably have been discovered by the Commission.
(b) For purposes of Education Code section 44242.7(a), a matter is presented to the Committee when the credential holder or applicant is notified that the matter is set for initial review by the Committee.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44242.5(d) and 44242.7(a), Education Code.
HISTORY
1. New subsection (b) filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
2. Repealer and new section filed 8-8-97; operative 9-7-97 (Register 97, No. 32).
Article 2. Duties and Functions of the Committee of Credentials; Guidelines
§80307. Disclosure of Documents During Investigation.
Note • History
(a) Upon receipt of a written request, the Committee shall disclose to the credential holder or applicant or his or her attorney only those portions of the investigation file as authorized by Education Code section 44244(a).
(b) Disclosure of documents pursuant to subsection (a) may be provided at any time subsequent to the commencement of the initial review pursuant to Education Code section 44242.5(c).
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Section 44244(a), Education Code; and Cross v. California Commission on Teacher Credentialing et al. (2003) 111 Cal.App.4th 1001.
HISTORY
1. Amendment filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
2. Repealer and new section filed 8-8-97; operative 9-7-97 (Register 97, No. 32).
3. Repealed 8-23-2003 by decision of the Court of Appeals of California, Third Appellate District (Cross v. Commission of Teacher Credentialing, et al. (2003) 111 Cal. App. 4th 1001).
4. New section filed 3-24-2005; operative 4-23-2005 (Register 2005, No. 12).
§80307.1. Investigation Commences.
Note • History
An investigation is commenced on the date respondent is first notified, in writing, that his or her fitness to hold a credential is under initial review.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44242.5 and 44242.7, Education Code.
HISTORY
1. New section filed 8-8-97; operative 9-7-97 (Register 97, No. 32).
Note • History
(a) If the Committee receives information about an applicant or holder, the Committee may conduct a preliminary review of the information prior to commencing an investigation. At the preliminary review, the Committee may either determine to end the review or instruct staff to set the matter for initial review at a later meeting.
(b) A credential holder's personnel records shall not be obtained without written notification to the holder.
(c) No contact shall be made by any Commission staff members with anyone except the complainant prior to opening the investigation.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Section 44242.5, Education Code.
HISTORY
1. Repealer and new section filed 8-8-97; operative 9-7-97 (Register 97, No. 32).
§80309. Medical and Psychiatric Guidelines.
Note • History
(a) The Committee shall not initiate an administrative hearing solely on the grounds that an applicant or licensee is suffering from a contagious and communicable disease or other disease or defect of mind or body unless probable cause appears from the evidence that:
(1) The condition of the applicant or licensee constitutes a health hazard to students or persons with whom he or she must associate in carrying out the duties authorized by the credential applied for or held; or
(2) Because of the said disease or defect the applicant or licensee is unable to perform the duties authorized by the credential applied for or held.
(b) Any denial, suspension, or revocation of a credential pursuant to this section shall be limited in duration to the period of actual disability; and the credential shall be granted or reissued upon presentation of satisfactory evidence that such disability no longer exists.
(c) Where it appears from the evidence that an applicant or licensee is, or has been within one year, under psychiatric treatment as a condition of probation imposed by a court as a result of the commission of acts or omissions which also constitute probable cause for private admonition, denial, suspension, or revocation of a credential; or where the evidence shows that an applicant or licensee has committed acts or omissions which, but for the reasonably probable existence of some mental defect or disability, would constitute cause for disciplinary action, the Committee of Credentials may require and the applicant or licensee shall submit to an examination by a designated board certified licensed psychiatrist who shall prepare his expert opinion with respect to whether the applicant or licensee is able to perform the duties authorized by the credential applied for or held; and if not so able, the probable duration and severity of the disability. Such examination shall be at the expense of the Commission.
Refusal or willful failure of an applicant or licensee to submit to such examination within 30 days after service of such request by registered mail shall constitute cause for denial of the application for issuance or renewal of a credential, and any revocation or suspension of a credential shall not be limited by the provisions of subsection 2 (b) above.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44336, Education Code.
HISTORY
1. New subsection (c) filed 8-20-81; effective thirtieth day thereafter (Register 81, No. 34).
Note • History
(a) Prior to issuance of a notice of meeting pursuant to section 80310 the Committee shall conduct an initial review of the matter based upon written information.
(b) Notification of the initial review shall be provided to the holder or applicant only.
(c) When the matter is set for initial review by the Committee the staff shall provide written notification to the applicant or holder and offer the applicant or holder a reasonable opportunity to provide written information to the Committee prior to the Committee meeting. All written statements by the applicant or holder provided to the Committee shall be verified under the penalty of perjury.
(d) Staff shall submit a confidential investigative report to the Committee.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Section 44242.5, Education Code.
HISTORY
1. New section filed 8-8-97; operative 9-7-97 (Register 97, No. 32).
§80310. Notice of Meeting, Formal Review.
Note • History
(a) The notice of meeting required by Education Code section 44244(a), shall be sent to the address of record of the holder or applicant. In its discretion, the Committee may also send the notice to the last known address of the holder or applicant. However, it is the responsibility of the holder or applicant to notify the Commission of any change in his or her address of record. The notice to the holder or applicant shall contain a confidential investigative report.
(b) A copy of the notice, without the confidential investigative report, shall be sent to any complainant and all known educational employers.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Section 44244(a), Education Code; and Section 1013(a), Code of Civil Procedure.
HISTORY
1. Repealer of subsection (b) filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
2. Repealer and new section filed 8-8-97; operative 9-7-97 (Register 97, No. 32).
3. Amendment of section and Note filed 3-24-2005; operative 4-23-2005 (Register 2005, No. 12).
§80311. Request for Appearance.
Note • History
(a) No later than 20 days prior to formal review before the Committee pursuant to section 80310, the holder or applicant may request an opportunity to personally appear before the Committee during the formal review to respond, under oath, to questions from the Committee.
(b) Upon receipt of a request for an appearance, staff shall schedule a specific day and time to appear before the Committee during the formal review. Staff shall also notify all complainants and the last known employer, of the scheduled appearance. This notice shall state that the complainant and/or employer may also appear to offer relevant testimony before the Committee.
(c) If the holder or applicant is unable to appear before the Committee at the scheduled time, the Committee shall conduct the meeting, as noticed pursuant to section 80310, without an appearance. The Committee may grant a continuance if an emergency situation exists.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Section 44244, Education Code.
HISTORY
1. Amendment filed 4-23-85; effective thirtieth day thereafter (Register 85, No. 17).
2. Amendment filed 8-25-88; operative 9-24-88 (Register 88, No. 36).
3. Repealer and new section filed 8-8-97; operative 9-7-97 (Register 97, No. 32).
Note • History
A matter set for review by the Committee may be continued only upon written request and in compelling and verifiable situations. As part of the written request for a continuance the respondent must submit a written waiver of time and a showing that there will be no harm to the public in the event the continuance is granted. A request for a continuance must be received at the Commission no later than 10 days prior to the date set for review by the Committee.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Section 44244, Education Code.
HISTORY
1. New section filed 8-29-88; operative 9-28-88 (Register 88, No. 36). For prior history, see Register 82, No. 45.
2. Repealer and new section filed 8-8-97; operative 9-7-97 (Register 97, No. 32).
§80313. Presence of Material Witnesses.
Note • History
(a) Any person determined by the Committee of Credentials to be a material witness in a particular case shall be permitted to be present to provide testimony during formal review by the Committee, and shall be examined for rebuttal evidence, if any.
(b) Whether a witness is called shall be at the sole discretion of the Committee of Credentials.
(c) The order of witness testimony shall be determined by the Committee of Credentials.
(d) A minor witness (persons under 18 years of age) may have one support person present during their testimony. No support will be allowed for adult witnesses, except the representative designated by the applicant or holder under investigation.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44242.5 and 44244, Education Code.
HISTORY
1. Amendment of subsection (a) filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
2. Amendment filed 8-29-88; operative 9-28-88 (Register 88, No. 36).
3. Repealer of former section 80313 and renumbering and amendment of former section 80317.2 to new section 80313 filed 8-8-97; operative 9-7-97 (Register 97, No. 32).
Note • History
A quorum of the Committee must be present to consider any action, and at least four members must concur to take any action.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Section 44244, Education Code.
HISTORY
1. New section filed 8-8-97; operative 9-7-97 (Register 97, No. 32). For prior history, see Register 82, No. 45.
§80314.5. Notice of Committee Action.
Note • History
A written copy of the recommendation and findings of the Committee together with a notice of appeal rights available shall be sent by registered mail to the holder's or applicant's last known address within 14 days after the meeting or hearing at which the recommendation is made. Unless the recommendation involves private admonition, as provided in Section 44438 of the Education Code, a copy of the said recommendation, but not the findings, unless otherwise provided by law, shall be mailed to all complainants and parties requesting notice of the Committee's decision in the case. Such recommendation, but not the findings, unless otherwise provided by law, shall also be made available to members of the public upon request.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44244 and 44438, Education Code.
HISTORY
1. New section filed 8-8-97; operative 9-7-97 (Register 97, No. 32).
Note • History
(a) A holder, applicant, complainant or employer may request, in writing, that the Committee reconsider its recommended decision. The request must be received by the Commission no later than 30 days after personal service or mailing notice of the Committee's recommendation. The request for reconsideration shall also contain new and different evidence which may materially affect the findings of the Committee.
(b) When a recommendation of the Committee is presented to the Commission pursuant to Education Code section 44244.1, the Commission may adopt the recommendation or request the Committee to reconsider its action, decision, or recommendation. Upon request of the Commission, the Committee shall reconsider its action, decision, or recommendation.
(c) A member of the Committee may participate in the reconsideration of a matter even though he or she was not present during the original consideration of the matter if the interested parties agree, or if the member reviews a transcript or tape recording of the proceedings and all other documents and evidentiary materials before the Committee.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Section 44244, Education Code.
HISTORY
1. New section filed 8-8-97; operative 9-7-97 (Register 97, No. 32). For prior history, see Register 82, No. 45.
§80316. Confidentiality of Investigative Material. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44248, Education Code.
HISTORY
1. Repealer filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
§80316.5. Confidential Report of Investigation.
Note • History
Where the confidential investigative report shows that the allegations are groundless the file shall be sealed.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44242.5 and 44244, Education Code.
HISTORY
1. Amendment filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
2. Amendment of section and Note filed 8-8-97; operative 9-7-97 (Register 97, No. 32).
§80317. Administrative Hearing.
Note • History
The credential holder or applicant may, within thirty (30) days after personal service or the mailing of notice of the Committee's recommendation, request an administrative hearing by giving written notice to the Commission. The administrative hearing is a trial de novo. Any prayer contained in an Accusation or Statement of Issues shall request “appropriate adverse action according to evidence.”
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44244(d) and 44244.1, Education Code.
HISTORY
1. Repealer and new section filed 8-8-97; operative 9-7-97 (Register 97, No. 32).
§80317.2. Presence of Material Witnesses. [Renumbered]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Item 358 of the 1980-81 Supplemental Budget.
HISTORY
1. New section filed 2-11-81; effective thirtieth day thereafter (Register 81, No. 7)
2. Renumbering and amendment of former section 80317.2 to new section 80313 filed 8-8-97; operative 9-7-97 (Register 97, No. 32).
§80318. Action Committee May Take. [Repealed]
History
HISTORY
1. Repealer filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
§80318.1. Reconsideration of Committee Action. [Repealed]
Note • History
NOTE
Authority cited: Sections 44242 and 44243, Education Code. Reference: Section 44244, Education Code.
HISTORY
1. Repealer filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
§80319. Notice of Committee Action; Form of Notice. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44243 and 44244, Education Code.
HISTORY
1. Amendment of subsections (a) and (b)(4) filed 2-11-81; effective thirtieth day thereafter (Register 81, No. 7).
2. Amendment filed 8-29-88; operative 9-28-88 (Register 88, No. 36).
3. Repealer filed 8-8-97; operative 9-7-97 (Register 97, No. 32).
§80320. Consent Determinations.
Note • History
At any time after the Committee has determined that a Statement of Issues or an Accusation shall be filed against a respondent, but before a final determination of the matter has been made by the Commission, the respondent may propose and the Committee may recommend to the Commission a settlement upon terms which sufficiently provide for the protection of the public, schoolchildren and the profession.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Section 44244, Education Code.
HISTORY
1. Amendment of section and Note filed 8-8-97; operative 9-7-97 (Register 97, No. 32).
§80321. Committee of Credentials Reports to the Commission. [Repealed]
Note • History
NOTE
Authority cited: Sections 44242 and 44243, Education Code. Reference: Section 44244, Education Code.
HISTORY
1. Repealer filed 11-2-82; effective thirtieth day thereafter (Register 82, No. 45).
Article 3. Rules of Conduct for Professional Educators
Note • History
(a) These rules are binding upon every person holding a credential or any license to perform educational services under the jurisdiction of the Commission on Teacher Credentialing, and the consequences of any willful breach may be revocation or suspension of the credential, or license, or private admonition of the holder.
(b) Nothing in these rules is intended to limit or supersede any provision of law relating to the duties and obligations of certificated persons or to the consequences of the violation of such duties and obligations. The prohibition of certain conduct in these rules is not to be interpreted as approval of conduct not specifically cited.
(c) These rules may be cited and referred to as “Rules of Conduct for Professional Educators.”
(d) The Commission shall complete a study of the effect of these rules and present its findings to the Governor, the Legislature, and the State Board of Education no later than September 1, 1989.
(e) As used in these rules:
(1) “Certificated person” means any person who holds a certificate, permit, credential, or other license authorizing the performance of teaching or education-related service in grades K through 12 in California public schools.
(2) “Professional employment” means the performance for compensation of teaching or other education-related employment in a position for which certification requirements are set by law.
(3) “Confidential information” means information which was provided to the certificated person solely for the purpose of facilitating his/her performance of professional services for or on behalf of the person or employer providing such information.
NOTE
Authority cited: Sections 44225(b) and 44339, Education Code. Reference: Sections 44345, 44420 and 44421, Education Code.
HISTORY
1. New section filed 1-4-89; operative 2-3-89 (Register 89, No. 3).
§80332. Professional Candor and Honesty in Letters or Memoranda of Employment Recommendation.
Note • History
(a) A certificated person shall not write or sign any letter or memorandum which intentionally omits significant facts, or which states as facts matters which the writer does not know of his/her own knowledge to be true relating to the professional qualifications or personal fitness to perform certificated services of any person whom the writer knows will use the letter or memorandum to obtain professional employment nor shall he/she agree to provide a positive letter of recommendation which misrepresents facts as a condition of resignation or for withdrawing action against the employing agency.
(b) This rule has no application to statements identified in the letter or memorandum as personal opinions of the writer but does apply to unqualified statements as fact that which the writer does not know to be true or to statements as fact that which the writer knows to be untrue.
NOTE
Authority cited: Sections 44225(b) and 44339, Education Code. Reference: Sections 44345, 44420 and 44421, Education Code.
HISTORY
1. New section filed 1-4-89; operative 2-3-89 (Register 89, No. 3).
2. Editorial correction of Authority cite (Register 95, No. 9).
§80333. Withdrawal from Professional Employment.
Note • History
(a) A certificated person shall not abandon professional employment without good cause.
(b) “Good cause” includes but is not necessarily limited to circumstances not caused by or under the voluntary control of the certificated person.
NOTE
Authority cited: Sections 44225(b) and 44339, Education Code. Reference: Sections 44345, 44420 and 44421, Education Code.
HISTORY
1. New section filed 1-4-89; operative 2-3-89 (Register 89, No. 3).
2. Editorial correction of Authority cite (Register 95, No. 9).
§80334. Unauthorized Private Gain or Advantage.
Note • History
A certificated person shall not:
(a) Use for his/her own private gain or advantage or to prejudice the rights or benefits of another person any confidential information relating to students or fellow professionals;
(b) Use for his/her own private gain or advantage the time, facilities, equipment, or supplies which is the property of his/her employer without the express or clearly implied permission of his/her employer;
(c) Accept any compensation or benefit or thing of value other than his/her regular compensation for the performance of any service which he/she is required to render in the course and scope of his/her certificated employment. This rule shall not restrict performance of any overtime or supplemental services at the request of the school employer; nor shall it apply to or restrict the acceptance of gifts or tokens of minimal value offered and accepted openly from students, parents or other persons in recognition or appreciation of service.
NOTE
Authority cited: Sections 44225(b) and 44339, Education Code. Reference: Sections 44345, 44420 and 44421, Education Code.
HISTORY
1. New section filed 1-4-89; operative 2-3-89 (Register 89, No. 3).
§80335. Performance of Unauthorized Professional Services.
Note • History
A certificated person shall not, after July 1, 1989:
(a) Knowingly, accept an assignment to perform professional services if he or she does not possess a credential authorizing the service to be performed; unless he or she has first exhausted any existing local remedies to correct the situation, has then notified the county superintendent of schools in writing of the incorrect assignment, and the county superintendent of schools has made a determination, within 45 days of receipt of the notification, that the assignment was caused by extraordinary circumstances which make correction impossible, pursuant to the procedures referred to in Education Code Section 44258.9(g)(2) and (3).
(b) Knowingly and willfully assign or require a subordinate certificated person to perform any professional service which the subordinate is not authorized to perform by his or her credential or which is not approved by appropriate governing board authorization, unless he or she has made reasonable attempts to correct the situation but has been unsuccessful, and has notified the county superintendent of schools of those attempts, and the county superintendent of schools has determined, within 45 days of being notified of the assignment, that the assignment was caused by extraordinary circumstances which make correction impossible.
(c) Neither (a) nor (b) shall be applicable in a situation where extraordinary circumstances make the correction of the misassignment impossible.
(d) There shall be no adverse action taken against a certificated person under this rule for actions attributable to circumstances beyond his or her control.
(e) Effective October 20, 1993, no adverse action described in Title 5, California Code of Regulations, section 80331(a) shall be imposed for violation of this provision prior to review and attempted disposition pursuant to Title 5, California Code of Regulations, sections 80339 through 80339.6.
NOTE
Authority cited: Section 44225 and 44258.9(g), Education Code. Reference: Section 44258.9(g), Education Code.
HISTORY
1. New section filed 1-4-89; operative 2-3-89 (Register 89, No. 3).
2. New subsection (e) and amendment of Note filed 9-20-93; operative 10-20-93 (Register 93, No. 39).
§80336. Performance with Impaired Faculties.
Note • History
(a) A certificated person shall not:
(1) Perform or attempt to perform any duties or services authorized by his or her credential during any period in which he or she knows or is in possession of facts showing that his or her mental or intellectual faculties are substantially impaired for any reason, including but not limited to use of alcohol or any controlled substance.
(2) Assign or require or permit a subordinate certificated person to perform any duties authorized by his or her credential during any period in which the superior certificated person knows of his or her own knowledge or is in possession of facts showing that the subordinate certificated person's mental or intellectual faculties are substantially impaired for any reason, including but not limited to use of alcohol or any controlled substance.
(b) For the purpose of this rule, substantial impairment means a visible inability to perform the usual and customary duties of the position in a manner that does not represent a danger to pupils, employees, or school property. It does not include or mean inability attributable to lack of, or inadequate, professional preparation or education.
NOTE
Authority cited: Sections 44225(b) and 44339, Education Code. Reference: Sections 44345, 44420 and 44421, Education Code.
HISTORY
1. New section filed 1-4-89; operative 2-3-89 (Register 89, No. 3).
§80337. Harassment and Retaliation Prohibited.
Note • History
No certificated person shall directly or indirectly use or threaten to use any official authority or influence in any manner whatsoever which tends to discourage, restrain, interfere with, coerce, or discriminate against any subordinate or any certificated person who in good faith reports, discloses, divulges, or otherwise brings to the attention of the governing board of a school district, the Commission on Teacher Credentialing or any other public agency authorized to take remedial action, any facts or information relative to actual or suspected violation of any law regulating the duties of persons serving in the public school system, including but not limited to these rules of professional conduct.
NOTE
Authority cited: Sections 44225(b) and 44339, Education Code. Reference: Sections 44345, 44420 and 44421, Education Code.
HISTORY
1. New section filed 1-4-89; operative 2-3-89 (Register 89, No. 3).
§80338. Discrimination Prohibited.
Note • History
A certificated person shall not, without good cause, in the course and scope of his or her certificated employment and solely because of race, color, creed, gender, national origin, handicapping condition or sexual orientation, refuse or fail to perform certificated services for any person.
NOTE
Authority cited: Sections 44225(b) and 44339, Education Code. Reference: Sections 44345, 44420 and 44421, Education Code.
HISTORY
1. New section filed 1-4-89; operative 2-3-89 (Register 89, No. 3).
Note • History
The following definitions pertain to Sections 80339.1 through 80339.6.
(a) “Commission” is the Commission on Teacher Credentialing.
(b) “Committee” is the Committee on Authorized Assignments.
(c) “County superintendent” means the county superintendent of schools.
(d) “School superintendent” means the superintendent of the local school district.
(e) “Staff” refers to the staff of the Commission on Teacher Credentialing.
(f) “Misassignment” refers to the assignment of a certified person to a position not authorized by the credential or certificate or permit or by regulations or pertinent sections of the Education Code.
NOTE
Authority cited: Sections 44225 and 44258.9(g), Education Code. Reference: Section 44258.9(g), Education Code.
HISTORY
1. New section filed 9-20-93; operative 10-20-93 (Register 93, No. 39).
§80339.1. Membership of the Committee on Authorized Assignments.
Note • History
The Committee shall be established by the Commission and shall consist of five (5) members appointed by the Commission. Membership shall include two (2) practicing school teachers, one (1) practicing school service representative other than a school administrator, one (1) practicing
school administrator or one (1) practicing certificated human resources administrator, and one (1) school board member. All members shall have experience in the area of legally permissible assignment authorizations. Members shall be appointed to serve two (2) year terms and may be reappointed.
NOTE
Authority cited: Sections 44225 and 44258.9(g), Education Code. Reference: Section 44258.9(g), Education Code.
HISTORY
1. New section filed 9-20-93; operative 10-20-93 (Register 93, No. 39).
§80339.2. Materials to be Forwarded by the County Superintendent.
Note • History
Notices required to be sent to the Commission under the terms of Education Code section 44258.9(g)(3) shall include all of the following:
(a) All writings which form the basis on which a determination of misassignment was made;
(b) Copies of all communications sent to the school superintendent informing him or her of the specific individuals in misassignments, and identifying the administrators immediately responsible for the misassignment;
(c) All written responses submitted by the school district or school administrator in response to communication described in Education Code section 44258.9(g)(3);
(d) All writings informing the certificated employee that he or she is serving in an unauthorized position. The county superintendent must advise the employee of the misassignment and of the professional obligation of the individual to seek an authorized position. Copies of any written response by the employee shall also be provided to the Commission;
(e) Information regarding the steps taken to identify for the Commission the administrator(s) responsible for the misassignment;
(f) All other materials which mitigate or aggravate the possible penalties or which supplement the information presented.
NOTE
Authority cited: Sections 44225 and 44258.9(g), Education Code. Reference: Section 44258.9(g), Education Code.
HISTORY
1. New section filed 9-20-93; operative 10-20-93 (Register 93, No. 39).
§80339.3. Staff Review and Determination.
Note • History
Staff shall review the materials and information provided by the county superintendent. If staff determines that the assignment is authorized, this information shall be communicated, in writing, to the county superintendent and the school superintendent. If staff determines that the assignment is unauthorized, the school superintendent and the governing board of the local school district shall be notified in writing of the staff determination of misassignment and advised of the possible penalties if the misassignment is not corrected. As a part of the notification, staff shall offer the school superintendent the opportunity to enter into a written Compliance Agreement, setting forth the remedial steps agreed to be taken in order to correct the misassignment(s) and establishing a deadline for meeting all of the terms of the agreement.
NOTE
Authority cited: Sections 44225 and 44258.9(g), Education Code. Reference: Section 44258.9(g), Education Code.
HISTORY
1. New section filed 9-20-93; operative 10-20-93 (Register 93, No. 39).
§80339.4. Referral to the Committee on Authorized Assignments and Issuance of Letter of Non-Compliance.
Note • History
Failure to correct a misassignment following the procedures set forth in section 80339.3 shall result in the referral of the matter by staff to the Committee at the next meeting of the Committee as long as it is more than 30 days from staff notification. Commission files on the alleged misassignment shall be provided to the Committee and the Committee shall review the information contained in the record and determine if a misassignment occurred. If it decides that a misassignment has occurred, the Committee shall cause a letter of non-compliance to be issued to the local governing board of the subject school district. This letter shall set forth the nature of the misassignment and be signed by the Executive Director of the Commission and the members of the Committee. This letter shall be read at the first public meeting following its receipt by the presiding officer of the local governing board, and he or she shall so certify to the Commission in writing that this has been accomplished.
NOTE
Authority cited: Sections 44225 and 44258.9(g), Education Code. Reference: Section 44258.9(g), Education Code.
HISTORY
1. New section filed 9-20-93; operative 10-20-93 (Register 93, No. 93).
§80339.5. Referral to the Committee of Credentials.
Note • History
If a misassignment has not been corrected within 30 days after the letter of non-compliance has been issued, the Committee shall review the matter again in order to determine whether more severe sanctions are appropriate. It shall, in appropriate cases, identify the individuals it determines to be responsible for the misassignment. It shall then report its findings in writing to the Committee of Credentials for further investigation and consideration of adverse action against the credentials of responsible certificated persons pursuant to Title 5, California Code of Regulations section 80335 and other statutes and regulations applicable to the jurisdiction and operation of the Committee of Credentials.
NOTE
Authority cited: Sections 44225 and 44258.9(g), Education Code. Reference: Section 44258.9(g), Education Code.
HISTORY
1. New section filed 9-20-93; operative 10-20-93 (Register 93, No. 39).
§80339.6. Rights of Certificated Persons.
Note • History
When a certificated person files a written notice pursuant to Education Code section 44258.9(g)(2), that person may request the Committee to review any determination and decision by the county superintendent that an assignment is legally authorized. When a certificated person employed in a county-operated school files a written notice pursuant to Education Code section 44258.9(g)(2), that person may also request the Committee to review any determination and decision by the county superintendent that the assignment is legally authorized. In these cases, the county superintendent, the administrators immediately responsible for the misassignment, and the local governing board of the subject county will be treated in the same manner as those comparable individuals and bodies at the district level are treated in Title 5, California Code of Regulations sections 80339.2 through 80339.6.
When a certificated person who has been notified pursuant to Title 5, California Code of Regulations section 80339.2 that he or she is in an unauthorized assignment submits to the county superintendent of schools written verification of his or her effort to obtain an authorized assignment, he or she shall not be subject to penalties under Title 5, California Code of Regulations section 80339.5. Such verification may include, but need not be limited to, copies of written requests to the immediate administrator or supervisor, the district department for personnel matters, and the school superintendent.
NOTE
Authority cited: Sections 44225 and 44258.9(g), Education Code. Reference: Section 44258.9(g), Education Code.
HISTORY
1. New section filed 9-20-93; operative 10-20-93 (Register 93, No. 39).
Chapter 4. Procedure for Application for, Adding Authorization to, and Renewal of Credentials
Article 1. General Provisions
§80400. Definitions. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44225, Education Code.
HISTORY
1. New Chapter 4 (Sections 80400-80550, not consecutive) filed 1-11-79; effective thirtieth day thereafter (Register 79, No. 2).
2. Repealer filed 3-26-81; effective thirtieth day thereafter (Register 81, No. 13).
§80403. Authority for Granting Credentials. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Repealer filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
§80406. Methods of Securing a Credential.
Note • History
A qualified applicant may secure a credential by either of the following methods:
(a) Upon the recommendation of a California teacher education institution approved by the Commission pursuant to these regulations.
(b) Upon a direct application to the Commission filed in a manner provided in Article 2 of this chapter.
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Renumbering from Section 80056 to Section 80406 and amendment filed 1-11-79; effective thirtieth day thereafter (Register 79, No. 2).
§80409. Qualified Applicant. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44862, Education Code.
HISTORY
1. Repealer filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
§80412. Filing of Mailing Address.
Note • History
(a) Every person applying for, holding, or to whom is issued, a credential, shall file with the Commission his or her present mailing address and shall notify the Commission in writing of any change therein.
(b) Such filing of address and notice of change therein shall be made in writing and delivered, or forwarded by mail, postage prepaid, to the office of the Commission on Teacher Credentialing.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Section 44225(q), Education Code.
HISTORY
1. Change without regulatory effect amending subsection (a) and repealing subsection (b) filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
2. New subsection (b) and amendment of Note filed 3-24-2005; operative 4-23-2005 (Register 2005, No. 12).
§80413. Specific Requirements for Preliminary and Clear Multiple and Single Subject Teaching Credentials for Applicants Prepared in California.
Note • History
(a) The minimum requirements for the five-year preliminary multiple and single subject teaching credentials for California-prepared applicants shall include successful completion of all of the following:
(1) A baccalaureate degree or higher degree, except in professional education, from a regionally accredited institution of higher education.
(2) Meet the basic skills requirement as described in Education Code Section 44252, unless exempt by statutes or regulations.
(3) A Commission-approved multiple subject or single subject program of professional preparation, as appropriate to the credential sought as described in Education Code Section 44259(b)(3).
(4) Completion of a study of alternative methods of developing English language skills, including the study of reading, as provided in Education Code Section 44259(b)(4). In addition multiple subject applicants shall pass the reading instruction competence assessment as provided in Education Code Section 44283.
(5) Subject-matter knowledge:
(A) For a multiple subject credential, an applicant enrolled in a teacher preparation program prior to July 1, 2004 shall meet this requirement either by passage of an examination as provided in Education Code Sections 44280, 44281, and 44282 or by completion of a subject-matter program as provided in Education Code Section 44310. An applicant enrolled in a teacher preparation program on or after July 1, 2004 shall meet this requirement by passage of an examination as provided in Education Code Sections 44280, 44281 and 44282.
(B) For a single subject credential, an applicant shall meet this requirement either by passage of an examination as provided in Education Code Sections 44280, 44281, and 44282 or by completion of a subject-matter program as provided in Education Code Section 44310.
(6) Demonstration of knowledge of the Constitution of the United States as provided in Education Code Section 44335.
(7) Demonstration of basic competency in the use of computers in the classroom as provided in Education Code Section 44259(b)(7).
(8) Verification of completion from a Commission-approved program accredited by the Committee on Accreditation in the preliminary credential sought, as provided in Education Code Sections 44373(c) and 44259(b)(3).
(b) The minimum requirements for the clear multiple or single subject teaching credentials must be completed within five years from the initial date of the issuance of the preliminary credential. The requirements include, successful completion of all of the following:
(1) Possession of a valid preliminary teaching credential.
(2) Effective August 30, 2004, completion of a Commission-approved program of beginning teacher induction as specified in Education Code Section 44259(c)(2). If a beginning teacher is eligible for induction but an employing agency verifies that induction is not available or the employing agency verifies that the beginning teacher is required under the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) to complete subject matter course work to be qualified for a teaching assignment, the beginning teacher may complete a Commission-accredited fifth year program.
(3) A health education requirement, as provided in Education Code Section 44259(c)(4)(A).
(4) Special education training, as provided in Education Code Section 44259(c)(4)(B).
(5) Study of advanced computer-based technology, including the uses of technology in educational settings, as provided in Education Code Section 44259(c)(4)(C).
(6) Effective July 1, 2005 advanced study in the area of Teaching English Learners.
(7) An application for a clear multiple subject or single subject credential shall only be submitted by either (A) or (B) below:
(A) A Commission-approved induction program; or
(B) A regionally accredited institution of higher education with a Commission-accredited fifth year.
(c) All applicants for multiple subject and single subject clear credentials issued pursuant to Education Code Section 44259(c) with an issuance date on or after August 30, 2004 shall complete the requirements in subsection (b)(2) above.
(d) The Commission may extend the term of the credential for a two-year period if the following conditions apply:
(1) An individual's five-year preliminary time period has expired or will expire within one calendar year and the individual obtains employment in an employing agency as defined in subsection (f) which would allow the individual to complete the requirements in subsection (b).
(2) The individual submits the following to the Commission:
(A) A completed Application for Credential Authorizing Public School Service (41-4) (rev. 9/08) available on the Commission's website and hereby incorporated by reference, together with its related Instruction and Information Sheet (rev. 9/08) and Form 41-ECC (Explanation of Criminal Conviction or Pending Criminal Charge) (rev. 7/08) and the appropriate fee as specified in section 80487(a)(1).
(B) Verification of employment from an employing agency in a position that allows the individual to complete the clear credential program.
(C) Verification of enrollment in a Commission-approved clear credential program.
(3) The extension may be issued only once, except in cases where the individual provides proof that verifies sufficient progress toward completion of the requirements.
(e) The Commission may extend one time the term of the credential for a three-year period if the following conditions apply:
(1) An individual's five-year preliminary time period has expired or will expire within one calendar year and the individual has not been employed in a position which would allow completion of the requirements in subsection (b).
(2) The individual submits the following to the Commission:
(A) A completed Application for Credential Authorizing Public School Service (41-4) (rev. 9/08) available on the Commission's website and hereby incorporated by reference, together with its related Instruction and Information Sheet (rev. 9/08) and Form 41-ECC (Explanation of Criminal Conviction or Pending Criminal Charge) (rev. 7/08) and the appropriate fee as specified in section 80487(a)(1).
(B) A signed statement by the individual which includes:
(i) Why the clear credential program was not completed in the five years while the preliminary credential was valid and a description of the plan to complete the requirements within the three year extension time period, and
(ii) Certification that he or she was not employed in a position for which the clear credential program was available or was employed for less than one school year and was not able to complete the clear credential program.
(f) Definitions:
(1) The term “employing agency” as used in this section shall mean:
(A) Public school districts in California.
(B) County offices of education or county superintendents of schools in California.
(C) Schools that operate under the direction of a California state agency.
(D) Nonpublic, nonsectarian schools and agencies as defined in Education Code Sections 56365 and 56366.
(E) Charter Schools as established in Education Code Section 47600.
(F) Private schools.
(G) Juvenile court school.
(H) Juvenile or adult corrections.
(2) A beginning teacher is one who is eligible to participate in a Commission-approved induction program.
(3) The “clear credential program” as used in this section shall mean either completion of a Commission-approved induction program or Commission-accredited fifth year of study.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44227, 44251, 44252, 44259, 44259.5, 44280, 44281, 44282, 44283, 44310, 44335 and 44373, Education Code.
HISTORY
1. New section filed 8-22-80; effective thirtieth day thereafter (Register 80, No. 34).
2. Amendment of section heading, section and Note filed 5-15-97; operative 6-14-97 (Register 97, No. 20).
3. Amendment of section and Note filed 5-26-2005; operative 6-25-2005 (Register 2005, No. 21).
4. Amendment of section heading, section and Note filed 2-17-2009; operative 2-17-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 8).
§80413.1. Specific Requirements for Preliminary and Clear Multiple and Single Subject Teaching Credentials for Applicants Prepared Outside California. [Repealed]
Note • History
NOTE
Authority cited: Section 44225(b), Education Code. Reference: Sections 44227, 44252, 44259, 44280, 44281, 44310 and 44335, Education Code; and Section 67.5, Chapter 1247, Statutes of 1977.
HISTORY
1. New section filed 1-23-86; effective thirtieth day thereafter (Register 86, No. 4).
2. Repealer filed 1-31-2005; operative 3-2-2005 (Register 2005, No. 5).
§80413.2. Specific Requirements for Preliminary and Professional Clear Multiple and Single Subject Teaching Credentials Pursuant to the Credentialed Out-of-State Teacher Recruitment and Retention Act of 1997. [Repealed]
Note • History
NOTE
Authority cited: Sections 44225 and 44275.3, Education Code. Reference: Sections 44227(c), 44227(e), 44259(c) and 44275.3, Education Code.
HISTORY
1. New section filed 10-8-99; operative 11-7-99 (Register 99, No. 41).
2. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80413.3. Specific Requirements for Preliminary and Clear Multiple and Single Subject Teaching Credentials for Out-of-State Credentialed Teachers.
Note • History
(a) The following pertains to individuals who have two years of appropriate teaching experience earned in a state or U.S. territory other than California.
(1) The minimum requirements for the five-year preliminary Multiple or Single Subject Teaching Credential are all of the following, (A) through (H).
(A) Two years of full-time teaching experience earned in a state or U.S. territory other than California.
(B) Performance evaluations.
(C) A professional level teaching credential from another state or U.S. territory.
(D) Subject matter competence.
(E) Completion of a teacher preparation program taken at a regionally accredited institution of higher education or a state-approved teacher preparation program offered by a local educational agency.
(F) A baccalaureate or higher degree from a regionally accredited institution of higher education.
(G) Submission of an application form as defined in §80001; the processing fee as specified in §80487; and fingerprint clearance pursuant to Education Code §§44339, 44340, and 44341.
(H) Meet the basic skills requirement as described in Education Code §44252. Individuals who meet the requirements in (A) through (G) above may be issued a five-year preliminary teaching credential, but must satisfy the basic skills requirement within one year of the date the credential is issued or the credential shall become invalid.
(2) The following are the minimum requirements for the clear Multiple or Single Subject Teaching Credential for an individual who meets the requirements specified in (a)(1)(A) through (a)(1)(H) above:
(A) Possession of a California English learner authorization issued pursuant to the requirements specified in Education Code §44253.3;
(B) Completion of either of the following:
1. A master's degree or higher in a field related to the credential, or the equivalent number of graduate-level semester units, earned at a regionally accredited institution of higher education and verified by official transcript; or
2. Completion of 150 clock hours of activities addressing one or more of the six California Standards for the Teaching Profession (CSTP).
(C) An individual applying for the clear teaching credential on initial application for California certification who has not previously been issued a preliminary teaching credential must satisfy the basic skills requirement as described in Education Code §44252. If all requirements specified in subdivisions (a)(1) and (a)(2) are met, other than the basic skills requirement, the individual will be issued a five-year preliminary teaching credential as described in subsection (a)(1)(H).
(D) Submission of an application form as defined in §80001 and the processing fee as specified in §80487.
(b) The following pertains to individuals who have less than two years of appropriate teaching experience in a state or U.S. territory other than California.
(1) The minimum requirements for the five-year preliminary Multiple or Single Subject Teaching Credential are all of the following, (A) through (F).
(A) A professional level teaching credential from another state or U.S. territory.
(B) Subject matter competence.
(C) Completion of a teacher preparation program taken at a regionally accredited institution of higher education or a state-approved teacher preparation program offered by a local educational agency.
(D) A baccalaureate or higher degree from a regionally accredited institution of higher education.
(E) Submission of an application form as defined in §80001; the processing fee as specified in §80487; and fingerprint clearance pursuant to Education Code §§44339, 44340, and 44341.
(F) Meet the basic skills requirement as described in Education Code §44252. Individuals who meet the requirements in (A) through (E) above may be issued a five-year preliminary teaching credential, but must satisfy the basic skills requirement within one year of the date the credential is issued or the credential shall become invalid.
(2) The following are the minimum requirements for the clear Multiple or Single Subject Teaching Credential for an individual who meets the requirements specified in (b)(1)(A) through (b)(1)(F) above:
(A) A five-year preliminary Multiple or Single Subject Teaching Credential issued pursuant to subdivision (b)(1);
(B) Completion of a program of beginning teacher induction as described in §80413(b)(2);
(C) Possession of a California English learner authorization issued pursuant to the requirements specified in Education Code §44253.3; and
(D) Submission of an application as defined in §80001 and the processing fee as specified in §80487.
(c) The following definitions apply to terms used in this section.
(1) Subject Matter Competence: Subject matter competence for the Multiple Subject Teaching Credential may be verified with possession of a professional level teaching credential issued by another state or U.S. Territory with an elementary education or self-contained classroom teaching authorization. Subject matter competence for the Single Subject Teaching Credential may be verified with possession of a professional level teaching credential issued by another state or U.S. territory with a departmentalized classroom teaching authorization that is comparable to an authorization specified in Education §44257.
(A) An individual issued a professional level teaching credential by another state or U.S. territory with a middle school authorization that does not also list a comparable departmentalized classroom teaching authorization specified in Education Code §44257 may be issued the five-year preliminary Multiple Subject credential and will be required to verify subject matter competence for the clear credential as specified in Education Code §§44280, 44281, 44282 and 44310.
(B) An individual issued a professional level teaching credential by another state or U.S. territory with a middle school or departmentalized classroom teaching authorization that is not comparable to an authorization, and that does not list a comparable authorization, specified in Education Code §44257 may verify subject matter competence for the Single Subject credential with a degree major or 32 semester units (or the equivalent in quarter units).
(C) An individual issued a professional level teaching credential by another state or U.S. territory as described in subsection (B) above but who does not have a degree major or 32 semester units (or the equivalent in quarter units) in the authorization sought may be issued the five-year preliminary Single Subject credential and will be required to verify subject matter competence for the clear credential as specified in Education Code §§44280, 44281, 44282, and 44310.
(2) Full-Time Teaching Experience: This is defined as teaching a minimum of 4 hours a day, unless the minimum statutory attendance requirement for the students served is less. Experience must be on a daily basis and for at least 75% of the school year. Experience may be accrued in increments of a minimum of one semester. No part-time or combination of teaching with other school employment will be accepted. All experience must be gained in public or regionally accredited private schools in states or U.S. territories other than California while serving on a valid teaching credential. Experience may be gained in more than one state or U.S. territory other than California. This experience must be verified on the official letterhead of the out-of-state employer or employers by the superintendent, assistant superintendent, director of personnel, or director of human resources in which the teacher was employed. Experience from outside of the United States will not be considered.
(3) Performance Evaluations:
(A) The teaching effectiveness areas on the performance evaluations may include, but are not limited to, all of the areas, 1. through 4., below. If these areas are not included in the evaluations, the individual may submit a supplemental letter, on district letterhead, signed by the individual's principal or personnel officer in the district in which the evaluations took place.
1. The use of teaching strategies that motivates all students to engage in the learning process.
2. The ability to establish and maintain high standards for student behavior.
3. A demonstration of deep knowledge of the subject being taught and the use of appropriate instructional strategies that promote student understanding.
4. An ability to plan and implement a sequence of appropriate instructional activities.
(B) Evaluations of the teacher's performance for at least two of the years of teaching experience from a state or U.S. territory other than California must be submitted. If evaluations or a supplemental letter covering two years of the verified out-of-state teaching experience cannot be obtained, the individual will not qualify under section (a).
(C) Evaluation ratings must be satisfactory or better.
(4) California Standards for the Teaching Profession (CSTP): The 150 clock hours of CSTP activities may be satisfied by staff development, college course work or other activities related to the CSTP. When applying for the clear credential, a written list of the activities including a justification stating how each of the activities relates to the CSTP must be attached. An individual at the central office of a public school district or county office of education, or at a public school site or a regionally accredited private school who is responsible for curriculum and instruction in the authorization of the teacher's credential must sign the written justification agreeing that the activities relate to the CSTP as stated. The following are the six CSTP areas:
(A) Engaging and supporting all students in learning.
(B) Creating and maintaining effective environments for student learning.
(C) Understanding and organizing subject matter for student learning.
(D) Planning instruction and designing learning experiences for all students.
(E) Assessing students for learning.
(F) Developing as a professional educator.
(5) Professional Level Teaching Credential: This is defined as a teaching credential issued by another state or U.S. territory that is, at a minimum, comparable to a California five-year preliminary teaching credential.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44252, 44253.3, 44257, 44274.2, 44279.1, 44280, 44281, 44282, 44310, 44339, 44340 and 44341, Education Code.
HISTORY
1. New section filed 12-16-99; operative 1-15-2000 (Register 99, No. 51).
2. Amendment of section heading, section and Note filed 12-22-2010; operative 1-21-2011 (Register 2010, No. 52).
3. Editorial correction of subsection (c)(4)(C) (Register 2011, No. 38).
§80414. Specific Requirements, Period of Validity and Authorization for the Teacher Trainee Certificate. [Repealed]
Note • History
NOTE
Authority cited: Sections 44225 and 44325, Education Code. Reference: Sections 44328 and 44830.3, Education Code.
HISTORY
1. New section filed 1-22-86; effective thirtieth day thereafter (Register 86, No. 4).
2. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80415. Course in the United States Constitution.
Note • History
(a) Each applicant for a teaching credential, except the designated subjects teaching credential authorizing part-time employment only, shall provide to the Commission evidence that the applicant has, pursuant to Education Code Section 44335, successfully fulfilled one of the following requirements:
(1) An examination on the provisions and principles of the Constitution of the United States completed in a regionally accredited community college, college or university; or
(2) Two semester units of work on the provisions and principles of the Constitution of the United States.
(b) A second credential of the same kind shall not be granted to a person until the above requirement has been met.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44335, Education Code.
HISTORY
1. Amendment filed 3-26-81; effective thirtieth day thereafter (Register 81, No. 13).
§80418. Reading Requirement. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44259 and 44285, Education Code.
HISTORY
1. Repealer filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
§80421. Health Education Unit Requirement.
Note • History
The health education unit requirement specified in Education Code Section 44259(c)(1) shall be required of each applicant for a full or professional clear teaching credential issued in accordance with the provisions of Section 44259 of the Education Code. This requirement may be satisfied by a course of study of at least one semester unit, or its equivalent, which may be offered or accepted by an accredited community college, college, or university. This required program of study shall not be required as part of the professional preparation. The teacher education institution recommending the applicant for a full or professional clear credential shall certify that the applicant has completed satisfactorily the required course of study.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44259, Education Code.
HISTORY
1. Renumbering from Section 80032.1 to Section 80421 and amendment filed 1-11-79; effective thirtieth day thereafter (Register 79, No. 2).
2. Change without regulatory effect amending section and Note filed 12-16-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 51).
§80422. Computer Education Coursework for the Clear Teaching Credential. [Repealed]
Note • History
NOTE
Authority cited: Sections 44225(b) and 44261.7, Education Code. Reference: Section 44261.7, Education Code.
HISTORY
1. New section filed 2-16-88; operative 3-17-88 (Register 88, No.9).
2. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
Note • History
(a) The Commission finds that the fifth year of study is an integral element of the teacher education program, and provides the potential teacher with much greater opportunity following completion of the relatively rigid course requirements of the baccalaureate degree program to select a course or program of study designed to improve the teacher's competence and skills, and which is more suited to the candidate's particular professional interests. In recognition of these facts, the Commission expects that the design of the fifth year course of study will be a large responsibility of the teacher candidate in cooperation and consultation with the accredited college or university.
(b) The teacher candidate may select either a student-designed fifth year of study approved by the institution or an institution-designed fifth year of study. The fifth year of study selected by the teacher-candidate shall be a Commission-approved program, and shall be a full academic year, or its equivalent, at the postgraduate level taken at an accredited college or university.
(c) In furtherance of the foregoing concepts, the Commission shall permit a wide latitude for fifth year programs, including, but not limited to the following purposes:
(1) Additional subject matter preparation including, but not limited to, pursuit of a master's or higher degree;
(2) Completion of an approved program for an advanced or specialized credential;
(3) Study undertaken for in-service training for which college or university credit is given; and
(4) Study undertaken to complete an approved program of professional preparation.
(d) If a college or university refuses to approve a fifth year of study for a teacher-applicant, it shall state its reasons in writing to the applicant. The applicant shall thereafter have the right to appeal the decision of the institution directly to the Commission. In doing so, the applicant shall submit to the Commission a copy of his or her program for the fifth year of study and other supporting documents, including a copy of he college or university's written reasons for refusal. The Commission shall evaluate the materials submitted and determine whether to approve the fifth year of study.
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Renumbering from Section 80059 to subsections (a), (b) and (c) of Section 80424 and amendment filed 1-11-79; effective thirtieth day thereafter (Register 79, No. 2).
2. Renumbering from Section 80060 to subsection (d) of Section 80424 and amendment filed 1-11-79; effective thirtieth day thereafter (Register 79, No. 2).
§80427. Interruption of Preparation by Military Service. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Repealer filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 2. Direct Application to the Commission
§80430. Direct Application: When Permitted.
Note • History
(a) An applicant who can demonstrate the completion of preparation equivalent to that required by California statutes and regulations may submit an application to the Commission for a credential based upon equivalent preparation. The application shall include the following:
(1) the titles of credentials held by the applicant.
(2) a description and evidence of the education and specialized training of the applicant.
(3) if the applicant pursued part or all of his or her professional preparation program at a college or university with a Commission approved program, written explanation of refusal to recommend, by the institution of higher education, including a statement that the applicant has exhausted all appeals through that institution.
(4) a description of the relevant experience of the applicant.
(5) any assessment of the applicant's performance deemed useful to review of the application, excluding standardized examinations for which California has not established passing standards.
(6) other evidence of education, training or performance deemed by the applicant to be useful in reviewing the application.
(7) a completed Application for Credential Authorizing Public School Service (form 41-4, rev 4-94) and the fee(s) as specified in Section 80487.
(b) The Commission shall evaluate the materials submitted, consider the reasons for refusal, when applicable, by a college or university and determine whether to issue the credential sought.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225, subdivisions (d) and (g), and 44300, Education Code.
HISTORY
1. Renumbering from section 80057 to section 80430 and amendment filed 1-11-79; effective thirtieth day thereafter (Register 79, No. 2).
2. Amendment of section and new Note filed 4-20-94; operative 5-20-94 (Register 94, No. 16).
§80430.1. Direct Applications for Individuals Prepared Outside of California.
Note • History
Individuals who completed a professional education program outside California may apply directly to the Commission for their initial California teaching credential. Such teachers shall be assessed according to the procedures in Education Code Section 44227(e) and 44227(f) and according to the description of the fifth year of study in Section 80424 of these regulations.
NOTE
Authority cited: Sections 44225(b), Education Code. Reference: Section 44227, Education Code.
HISTORY
1. New section filed 1-23-86; effective thirtieth day thereafter (Register 86, No. 4).
§80430.2. Comparable and Equivalent Teacher Preparation; Reciprocity. [Repealed]
Note • History
NOTE
Authority cited: Section 44225(q), Education Code. Reference. Sections 44225(d), 44227(e), 44252, 44252.5, 44259(c), 44274, 44339, 44340 and 44341, Education Code.
HISTORY
1. New section filed 1-19-2000 as an emergency; operative 1-19-2000 (Register 2000, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-18-2000 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-19-2000 order, including amendment of section and Note, transmitted to OAL 5-17-2000 and filed 6-21-2000 (Register 2000, No. 25).
3. Repealer filed 12-22-2010; operative 1-21-2011 (Register 2010, No. 52).
Note
(a) An application for a credential shall be made on the application form provided by the Commission.
(b) Each applicant for a credential shall submit such additional information relating to qualification to receive a credential as the Commission may require.
NOTE
Authority cited: Section 44225, Education Code.
§80434. Acceptance of Electronic Signature.
Note • History
An “electronic signature” as defined in Section 80001(l) may be used to sign any document required by the Commission.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44252, Education Code.
HISTORY
1. New section filed 5-8-2002 as an emergency; operative 5-8-2002 (Register 2002, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-5-2002 or emergency language will be repealed by operation of law on the following day.
2. A Certificate of Compliance as to 5-8-2002 order, including amendment of section, transmitted to OAL 9-5-2002 and filed 10-17-2002 (Register 2002, No. 42).
Note • History
(a) For purposes of authenticity and legibility, official transcripts or verification-of-true-copy will be required with each application for a credential, certificate or permit submitted on and after September 1, 1983;
(b) California colleges with approved programs, school districts, county offices, and other state agencies shall meet this requirement either by submitting official transcripts with the application or by verification of the copy as a true-copy of the official transcripts by one of the following means:
(1) A recommendation by the college for the credential;
(2) a statement submitted to the Commission, on a one-time basis, by the college, school district, county office or other state agency describing their internal procedure or policy verifying the authenticity of the transcript;
(3) a statement or stamp signed or initialed by the designated agency representative verifying each set of transcripts, that the copy is an authentic duplicate of the official transcript;
(c) applicants applying directly to the Commission, for a credential, certificate, or permit shall be required to submit official transcripts with the credential application;
(d) applications submitted with illegible transcripts, or submitted by colleges, school districts, county offices or other state agencies who have not met the requirements specified in subsection (b) shall be returned to the sender for proper verification or for official transcripts;
(e) an official transcript is defined as one that bears the signature in ink of the registrar and/or the impressed seal of the institution.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44252, Education Code.
HISTORY
1. New section filed 7-22-83; effective thirtieth day thereafter (Register 83, No. 30).
§80436. Place of Filing of Application. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44252, Education Code.
HISTORY
1. Amendment filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Repealer filed 1-12-99; operative 2-11-99 (Register 99, No. 3).
§80439. Date of Filing of Application. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44252, Education Code.
HISTORY
1. Amendment filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Repealer filed 1-12-99; operative 2-11-99 (Register 99, No. 3).
§80440. Date of Issuance of Credentials.
Note • History
(a) The issuance date of a credential may be determined by an office of the county superintendent of schools, a school district, a local education agency, a non-public school, non-sectarian school or agency certified by the California Department of Education, a California institution of higher education with a program accredited by the Committee of Accreditation or the California Commission on Teacher Credentialing provided the following conditions are satisfied:
(1) all the requirements for the credential were met prior to the issuance date of the credential, and
(2) the application is submitted to the Commission not more than three months after the issuance date of the credential.
(b) The issuance date for a credential recommended by a California institution of higher education with a program accredited by the Committee on Accreditation shall be the date of completion of all requirements for the credential or later as established by the institution provided the application is submitted to the Commission not more than three months after the issuance date of the credential.
(c) The issuance date of the renewal of a credential will be the same as the expiration date of the credential to be renewed, provided all of the following conditions are satisfied:
(1) the renewal application is submitted to one of the agencies listed in (a) above within one year prior to the expiration date;
(2) the renewal application is submitted to the Commission not more than three months after the issuance date of the credential; and
(3) all the requirements for the credential were met prior to the issuance date of the credential.
(d) If the conditions described in (a), (b), or (c) above are not satisfied, the issuance date will be the date the application is received by the Commission or the date the applicant meets all of the requirements for the credential, whichever date comes later.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44350, Education Code.
HISTORY
1. Renumbering and amendment of former Section 80463 to Section 80440 filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment filed 1-12-99; operative 2-11-99 (Register 99, No. 3).
3. Amendment of subsections (a)(2), (b) and (c)(2) and amendment of Note filed 5-1-2008; operative 5-31-2008 (Register 2008, No. 18).
§80441. Notification to the Employers of Temporary County Certificate (T.C.C.) Holders.
Note • History
(a) It is the intent of Education Code Section 44332 that the Commission provide notification of the status of an application for a credential, certificate, or permit to the employers of temporary county certificate holders prior to the 120 day expiration date of the T.C.C. In order for the Commission to provide such notification the school district or county superintendent of schools office shall specify T.C.C. and the expiration date of the T.C.C. in the space provided on the application form when the application is filed with them.
(b) In situations where the statutory certifications of Education Code Section 44332 do not apply, the Commission shall provide the following information on the status of an application for a credential, certificate, or permit to the appropriate county superintendent of schools office before the expiration of the 120 day period:
(1) notification that a credential, certificate or permit document has been issued;
(2) notification that all requirements, for each credential, certificate, or permit have been met and the appropriate document will be issued;
(3) notification that all requirements for the credential, certificate, or permit have been met except that the fingerprint cards, required by Education Code Sections 44340 and 44341, have not been processed and returned by the California Department of Justice and/or the Federal Bureau of Investigation;
(4) notification that an application has been returned because application information initially required was not properly provided; or
(5) notification that an application has been denied.
(c) The county superintendent of schools shall provide the Commission with a listing of all applicants serving on a T.C.C. for whom notification, pursuant to subsection (b), has not been received as of ten (10) school days prior to the expiration date of the T.C.C. This listing shall be forwarded to the Commission immediately and shall include all of the following information for each applicant:
(1) the full name;
(2) the social security number;
(3) the birthdate;
(4) the type of credential, certificate, or permit for which application was made, when available;
(5) the date of filing of the application, when available;
(6) the date the application was submitted to the Commission, when available;
(7) the effective date of the temporary county certificate;
(8) the expiration date of the temporary county certificate.
NOTE
Authority cited: Section 44225(b), Education Code. Reference: Section 44332, Education Code.
HISTORY
1. New section filed 9-27-83; effective thirtieth day thereafter (Register 83, No. 40).
Note • History
(a) Except as provided in subsection (c), each applicant for a credential shall submit with the application verification of livescan. Individuals who reside outside California may submit duplicate personal identification cards provided by the Commission or obtained from the Bureau of Identification of the Department of Justice. Such identification cards shall be completed in the manner required by the instructions on the card.
(b) The fingerprints of the applicant shall be taken by a qualified officer or employee of the state, or of any political subdivision thereof, or by a person designated by the Commission.
(c) Where an applicant is seeking an additional credential and has filed fingerprints in connection with a previous credential, or renewal thereof, said applicant need not subsequently submit fingerprints except upon express request by the Commission or when a valid credential, certificate, permit, waiver, or other document issued by the Commission has not been held for more than eighteen months.
(d) Fingerprints submitted to the Commission electronically via livescan prior to the filing of an application form by the individual will be valid for eighteen months. If an application form is subsequently filed after the eighteen month validity period, the individual will be required to resubmit fingerprints.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44340, Education Code.
HISTORY
1. Amendment of section heading and subsections (a) and (c) and new subsection (d) filed 4-25-2012; operative 5-25-2012 (Register 2012, No. 17).
§80443. Processing Time for Credentials and Permit.
Note • History
(a) The processing time for all credentials and permits shall meet all of the following criteria:
(1) The Commission on Teacher Credentialing shall reach an issuance decision for a credential or permit and notify the applicant within fifty (50) business days of the receipt of the application. The processing time of fifty (50) business days in these cases will commence upon receipt of the resubmitted complete application;
(2) An application is determined complete when all materials needed for processing and all facts required by the law are included.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44350, Education Code.
HISTORY
1. New section filed 7-11-85; effective thirtieth day thereafter (Register 85, No. 28).
2. Amendment of section and Note filed 5-1-2008; operative 5-31-2008 (Register 2008, No. 18).
§80445. Transcripts of Record.
Note
Each direct application for a credential shall be accompanied by accurate and clear transcripts of record listing college and university courses, including grades earned, completed in fulfillment of the requirements for the credential sought. Such transcripts of record shall also evidence the fulfillment of the scholarship requirements specified in Section 80454.
NOTE
Authority cited: Section 44225, Education Code.
§80448. Affidavits in Lieu of Official Transcripts.
Note • History
(a) This section shall apply where an applicant is unable to furnish an accurate and clear transcript of record from an institution because the institution has ceased to exist and the records of that institution have been destroyed, or because the records of the institution are otherwise unavailable.
(b) The Commission may, in lieu of such accurate and clear transcript of record, accept an affidavit from a reputable person stating in effect that he or she was acquainted with the institution and that the applicant attended such institution.
(c) In addition to the requirements of subsection (b), the applicant shall complete and furnish an affidavit which shall include the following information:
(1) A statement that such person attended the institution named in subsection (b).
(2) A list of courses taken and a brief description of such courses.
(3) A statement that to the best of his or her knowledge and belief, such courses as are named in the affidavit have been completed.
(d) To supplement the information required under this section, the Commission may require additional facts to be furnished to the Commission.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44252, Education Code.
HISTORY
1. Amendment of subsection (c) filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
Each application for a credential shall be accompanied by the fees specified in Section 80487 for the issuance of a credential.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44252, Education Code.
HISTORY
1. Amendment filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
§80454. Scholarship Requirements.
Note • History
(a) When applying to the Commission for a credential, the applicant shall meet the scholarship requirements set out in this section.
(b) In courses above the twelfth grade which are offered toward fulfillment of requirements for a credential, the applicant shall have a grade point average of C or better on an A through F grading pattern, or a grade point average that is required by an approved educational institution for granting a degree, whichever is higher.
(c) Each assignment in directed teaching or other field work requirement shall meet the minimum passing standards established by the institution of higher education where the program was completed so long as the relevant grade is not lower than a C on an A through F grading pattern.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Section 44225(a), Education Code.
HISTORY
1. Amendment filed 12-10-86; effective thirtieth day thereafter (Register 86, No. 50).
2. Amendment of section and Note filed 9-20-94; operative 10-20-94 (Register 94, No. 38).
§80457. Acceptance of College or University Work for Purposes of Certification in California.
Note • History
(a) For the purposes of certification, a degree must be completed in a regionally accredited institution of higher education, unless otherwise stated in statutes or regulations. Course work taken at an institution of higher education that is not regionally accredited, may be used towards certification if it is accepted by a regionally accredited institution of higher education for degree granting purposes, unless otherwise stated in statutes or regulations. A degree taken at an institution of higher education that is not regionally accredited but that was accepted towards certification under prior regulations, may be used towards future certification. An individual holding a degree taken at an institution of higher education that is not regionally accredited but who is given unconditional graduate standing by a regionally accredited institution and is admitted to a Commission-approved credential program by July 1, 1995, may use the degree toward certification only if the individual qualifies and applies for the credential by July 1, 1997.
(b) Course work requirements completed through the California campus or center of an out-of-state institution of higher education will meet credential requirements only if a satisfactory evaluation of the program by the regional accrediting agency of the out-of-state institution has been submitted to the Commission, and the Commission has approved the program.
(c) Course work, programs, or degrees completed in an institution of higher education outside of the United States are acceptable toward certification when the Commission or an evaluating agency approved by the Commission, based on the standards contained in The Criteria for Agencies Seeking Approval to Review Foreign Academic Programs for Equivalency to United States Standards, January 1, 1996 edition, has determined that such institution's course work, programs, or degrees are equivalent to those offered by a regionally accredited institution in the United States. The Commission reserves the right to accept or reject an approved evaluating agency's determination.
(d) For certification purposes, an accredited institution, accredited college, or accredited university is defined as a regionally accredited institution of higher education, unless otherwise defined in statutes or regulations.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44227 and 44252, Education Code.
HISTORY
1. Amendment filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment of subsections (a)-(b), repealer of subsections (c)-(d), new subsection (d) and amendment of Note filed 5-30-95; operative 6-29-95 (Register 95, No. 22).
3. Amendment of subsection (c) filed 2-8-96; operative 3-9-96 (Register 96, No. 6).
4. Amendment of subsection (b) filed 1-31-2005; operative 3-2-2005 (Register 2005, No. 5).
§80460. Issuance of Credentials. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Repealer filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
§80463. Date of Issuance of Credentials. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Renumbering and amendment to Section 80440 filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Repealer filed 1-12-99; operative 2-11-99 (Register 99, No. 3).
§80466. Teaching Experience in Lieu of Professional Preparation. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44320 and 44321, Education Code.
HISTORY
1. Repealer filed 6-1-2004; operative 7-1-2004 (Register 2004, No. 23).
§80469. Delivery of Credentials to a County Superintendent of Schools. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Repealer filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 3. Recommendation of the Applicant by the Institution
§80472. Completion of Approved Program or Its Equivalent.
Note • History
In addition to any other requirements specified for obtaining any credential, an applicant for a credential shall fulfill one of the following requirements:
(a) A California college or university offering a Commission-approved program of professional preparation as a requirement for the credential shall certify that the applicant has completed its approved program and shall recommend the applicant for the appropriate credential; or
(b) An applicant whose professional preparation for a multiple or single subject teaching credential was completed in a state with which California has a reciprocity agreement signed pursuant to Section 12509 of the Education Code, shall receive a preliminary credential, and shall be required to complete all requirements specified in Section 80413(b), for renewal of the preliminary credential.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 12500, 44226, 44227 and 44252, Education Code.
HISTORY
1. Amendment filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
§80473. Allowance of Grace Period To Complete Requirements: Definitions & Terms.
Note • History
For the purposes of this section and section 80473.1, the following definitions and terms apply:
(a) A commission-accredited preparation program includes: (1) an internship program as defined in Article 7.5 (commencing with Section 44325), Chapter 2, Part 25, Division 3, Title 2 of the Education Code; (2) an internship program as defined in Article 3 (commencing with Section 44450), Chapter 3, Part 25, Division 3, Title 2 of the Education Code; (3) a professional preparation program as defined in Article 7 (commencing with Section 44320), Chapter 2, Part 25, Division 3, Title 2 of the Education Code; and (4) an integrated program of professional preparation as defined in Education Code Section 44259.1.
(b) “Enrolled” refers to an individual who, on or after January 1, 2002, continuously participates in and is working toward completing the requirements for a program that meets the minimum requirements for a California preliminary multiple or single teaching credential.
(c) “Continuously Enrolled” refers to an individual who has begun a teacher preparation program and does not have a break in that program that exceeds a period of 18 months.
(d) “New or Amended Requirements” refers to requirements added by statutes, regulations and commission standards.
NOTE
Authority cited: Sections 44225 and 44252.1, Education Code. Reference: Sections 44252.1, 44259, 44259.1, 44279.4, 44320, 44325 and 44450, Education Code.
HISTORY
1. New section filed 7-18-2003; operative 8-17-2003 (Register 2003, No. 29).
§80473.1. Allowance of Grace Period To Complete Requirements.
Note • History
(a) A credential candidate enrolled in a commission-accredited multiple or single subject preparation program shall have up to twenty-four months after enrollment, during which time new or amended program requirements shall not apply to that candidate.
(b) A credential candidate may extend up to twelve months in addition to the time specified pursuant to subsection (a) to complete a credential program without additional requirements, if the candidate can demonstrate extenuating circumstances, including but not limited to, personal or family illness, bereavement or financial hardship, and develops a plan to complete the credential program in consultation with the program provider.
(c) Candidates completing integrated programs of professional preparation under Education Code Section 44259.1:
(1) A candidate continuously enrolled in an integrated program of professional preparation on or after January 1, 2002, shall not be held to any new requirements, as long as the candidate does not change the type of credential or program he or she is pursuing.
(2) A candidate continuously enrolled in an integrated program of professional preparation and who has completed all requirements necessary to begin student teaching is eligible to receive an extension of twelve months when necessary to complete the outstanding requirements that were in place when the candidate enrolled in the program. Further, the candidate shall not be held responsible for any new requirements added once student teaching has begun.
(3) This subsection (c) will sunset on January 1, 2006.
(d) A modification of a credentialing examination made as a result of a validity study or a passing standard study shall not be considered a new requirement.
(e) If required coursework not yet taken by the candidate is modified, the candidate shall take the modified coursework, unless it is not readily available, would result in an increased cost to the candidate or would delay the completion of the program.
(f) Once a candidate has received a preliminary teaching credential pursuant to Education Code Section 44259 and is employed as the teacher of record in a California public school, he or she will not be held to any new requirements for completing the induction phase, which is required to obtain the professional clear teaching credential pursuant to Education Code Section 44279.4, for a period not to exceed the length of time provided for the preliminary teaching credential pursuant to Education Code Section 44251.
(g) The Commission shall maintain a list of candidates who are allowed an extended time period under this section. This list shall include the projected date of program completion for each candidate.
NOTE
Authority cited: Sections 44225 and 44252.1, Education Code. Reference: Sections 44252.1, 44259, 44259.1, 44279.4, 44320, 44325 and 44450, Education Code.
HISTORY
1. New section filed 7-18-2003; operative 8-17-2003 (Register 2003, No. 29).
§80475. Application Form. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Repealer filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
§80478. Date of Filing of Application; Date of Issuance. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Repealer filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
§80481. Personal Identification Cards.
Note
(a) The college or university recommending an applicant to the Commission shall provide said applicant with personal identification cards pursuant to Section 80442.
(b) The applicant shall complete the personal identification cards and return them to the recommending college or university. The college or university shall forward these documents to the Commission.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44340, Education Code.
Note • History
Each application for a credential pursuant to this article shall be accompanied by a fee specified in Section 80487 for the issuance of a credential.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44252, Education Code.
HISTORY
1. Amendment filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 4. Fees for Credentials
Note • History
(a) For the purpose of this section, credential means any certificate, permit, authorization, or other certification document, which the Commission is empowered to issue. The fee for the following services shall be:
(1) The fee for the issuance, reissuance, extension, or renewal of credential shall be fifty-five dollars unless otherwise established by law.
(2) The fee for a duplicate credential or to change a name on a credential shall be one-half the fee specified in (a)(1) or the credential fee established by law.
(3) Two hundred fifty dollars for a Board of Examiners' fee as provided in Section 80076.
(4) The fee for the state basic skills proficiency test shall be forty-one dollars.
(5) Twenty-four dollars, or the actual fee charged if different from this amount, to reimburse the Commission for the actual amount charged by the Federal Bureau of Investigation for furnishing its summary criminal history information on applicants for credentials.
(6) Thirty-two dollars, or the actual fee charged if it is different from this amount, to reimburse the Commission for the amount charged by the California State Department of Justice, Criminal Identification and Investigation Bureau, for furnishing its summary criminal history information on applicants for credentials.
(7) The fee for the Certificate of Clearance as specified in Section 80028 shall be one-half the fee in (a)(1) or the credential fee established by law.
(b) Except for the fee specified in (a)(4), the fees shall accompany the application for issuance, reissuance or renewal, or the request for a duplicate credential or name change; the fees shall be deemed earned upon receipt and shall not be refunded even though the applicant does not qualify for the credential or subsequently finds a reportedly lost or destroyed document.
(c) The fee for examination administered by a contractor on behalf of the Commission shall be paid directly to the testing contractor unless otherwise specified by contract.
(d) The applicant shall receive either a credential or an evaluation which sets forth the requirements which have not been met.
(e) Where an applicant has all the qualifications for a credential at the time the application is submitted, but where required verification or documentation has been delayed, no new or additional fee shall be charged if such required verification or documentation is submitted within sixty days.
NOTE
Authority cited: Sections 44225 and 44252.5, Education Code. Reference: Sections 44235, 44252.5, 44253.5, 44253.10, 44280, 44289, 44298, 44332.5(b), 44339, 44340, 44341, 44352, 52134 and 52178, Education Code; and Section 11105(e), Penal Code.
HISTORY
1. Amendment of subsection (a) filed 4-23-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 17). For prior history, see Register 83, No. 32.
2. New subsection (a)(8) filed 8-17-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 33).
3. New subsection (a)(9) filed 3-29-85; designated effective 3-30-85 pursuant to Government Code section 11346.2(d) (Register 85, No. 13).
4. Amendment of subsections (a)(6) and (a)(7) filed 4-15-85; designated effective 4-15-85 pursuant to Government Code section 11346.2(d) (Register 85, No. 18).
5. Amendment of subsections (a)(6) and (a)(7) filed 12-4-85; effective thirtieth day thereafter (Register 85, No. 49).
6. Amendment of subsections (a), (b) and (c) filed 4-8-88; operative 5-8-88 (Register 88, No. 17).
7. Editorial correction of printing error in subsections (a)(2), (a)(6) and (a)(8) (Register 92, No. 24).
8. Amendment of subsection (a)(1) filed 7-9-92; operative 8-10-92 (Register 92, No. 28).
9. Amendment of subsection (a)(5) and Note filed 12-27-93; operative 1-26-94 (Register 93, No. 53).
10. Amendment of subsections (a) and (a)(1) filed 11-17-94 as an emergency; operative 1-1-95 (Register 94, No. 46). A Certificate of Compliance must be transmitted to OAL by 5-1-95 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 11-17-94 order including amendment of subsection (a)(1) transmitted to OAL 2-28-95 and filed 4-10-95 (Register 95, No. 15).
12. New subsection (g) and amendment of Note filed 5-13-97; operative 6-12-97 (Register 97, No. 20).
13. Amendment of subsection (a)(5) filed 12-26-2001; operative 12-26-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 52).
14. Amendment filed 2-28-2007; operative 3-30-2007 (Register 2007, No. 9).
15. Amendment of subsection (a)(1) filed 2-17-2009; operative 2-17-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 8).
§80490. Renewal of Credentials. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44252, Education Code.
HISTORY
1. Amendment of subsection (c) filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Repealer filed 1-12-99; operative 2-11-99 (Register 99, No. 3).
§80493. Terms of Issuance and Renewal of Credentials.
Note • History
(a) Unless otherwise provided by law and regulations, all credentials shall be issued for a period of five years.
(b) Credentials, which have as a prerequisite the possession of another credential, shall have the same expiration date as the prerequisite credential. In the event the prerequisite credential has been issued for life, the credential will be issued for a period of five years.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44251, 44252 and 44348, Education Code.
HISTORY
1. Renumbering from Section 80032 to Section 80493 and amendment filed 1-11-79; effective thirtieth day thereafter (Register 79, No. 2).
2. Amendment filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
§80496. Failure to Renew Because of Illness, Military Service, or Other Serious Reasons.
Note • History
In the event the holder of a Ryan Act teaching or services credential, granted in accordance with the Teacher Preparation Law of 1970, fails to meet renewal or reissuance requirements specified by the Commission because of illness of the applicant or immediate family, military service, or other serious reasons, the holder may petition the Commission for a new preliminary, postponement, emergency, or clear credential. The issuance shall be within the discretion of the Commission after it has given due consideration to the circumstances set forth in the petition.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44344, Education Code.
HISTORY
1. Renumbering from Section 80058.1 to Section 80496 and amendment filed 1-11-79; effective thirtieth day thereafter (Register 79, No. 2).
§80499. Requirements for Adding an Authorization to an Existing Credential.
Note • History
(a) A qualified applicant who holds a teaching credential as described in (b) and desires an additional authorization may apply for the authorization by recommendation of an institution approved by the Commission to recommend for the authorization, or may apply directly to the Commission pursuant to (c), (d), (e) or (f) below.
(b) The following definitions apply only to §80499. A “qualified applicant” is defined as a holder of a valid credential that meets the definition of a “basic teaching credential” pursuant to Education Code §44203(e)(1) only. The “holder of a valid credential” is defined as an individual who possesses the appropriate, valid basic teaching credential.
(c) A qualified applicant holding a valid clear, life or professional clear Multiple or Single Subject Teaching Credential may obtain an additional authorization when the holder has verified either (1), (2), or (3) below.
(1) The holder of a Multiple Subject Teaching Credential may obtain a Single Subject Teaching Credential by verifying both of the following requirements:
(A) subject matter knowledge in the requested area by completion of either the appropriate subject-matter examination(s) adopted by the Commission, or a Commission-approved subject-matter program, and
(B) a course of three semester or four quarter units in subject matter pedagogy directly related to teaching in a departmentalized setting.
(2) The holder of a Single Subject Teaching Credential may obtain a Multiple Subject Teaching Credential by verifying all of the following requirements:
(A) subject matter knowledge in the requested area by completion of either the appropriate subject-matter examination(s) adopted by the Commission, or a Commission-approved subject-matter program,
(B) a course of three semester or four quarter units in subject-matter pedagogy directly related to teaching in a self-contained setting, and
(C) study of alternative methods of developing English language skills as described in Education Code Sections 44259(b)(4) and 44283. This requirement may be satisfied by either completion of coursework or by passage of the Reading Instruction Competence Assessment (RICA) at the level required for the Multiple Subject Teaching Credential.
(3) The holder of a Single Subject Teaching Credential may obtain a Single Subject Teaching Credential in an added authorization by verifying the following requirement:
(A) subject matter knowledge in the requested area by completion of either the appropriate subject-matter examination(s) adopted by the Commission, or a Commission-approved subject-matter program.
(4) A grade of “C” or better, “Pass,” or “Credit,” must be earned in the coursework in the study of alternative methods of developing English language skills and the subject-matter pedagogy.
(5) The applicant will be granted a clear multiple or single subject teaching authorization if the credential held is a clear or life. The applicant will be granted a professional clear multiple or single subject teaching authorization if the credential held is a professional clear.
(d) A qualified applicant holding a valid preliminary Multiple or Single Subject Teaching Credential may obtain a preliminary multiple or single subject teaching authorization when the holder has verified successful completion of (1), (2), and (3) below:
(1) The holder of a Multiple Subject Teaching Credential may obtain a Single Subject Teaching Credential by verifying all of the following requirements:
(A) subject matter knowledge in the requested area by completion of either the appropriate subject-matter examination(s) adopted by the Commission, or a Commission-approved subject-matter program,
(B) a course of three semester or four quarter units in subject matter pedagogy directly related to teaching in a departmentalized setting,
(C) study of alternative methods of developing English language skills, as described in Education Code Section 44259(b)(4), and
(D) demonstration of a knowledge of the principles and provisions of the Constitution of the United States pursuant to Education Code Section 44335.
(2) The holder of a Single Subject Teaching Credential may obtain a Multiple Subject Teaching Credential by verifying all of the following requirements:
(A) subject matter knowledge in the requested area by completion of either the appropriate subject-matter examination(s) adopted by the Commission, or a Commission-approved subject-matter program,
(B) a course of three semester or four quarter units in subject matter pedagogy directly related to teaching in a self-contained setting,
(C) study of alternative methods of developing English language skills as described in Education Code Sections 44259(b)(4) and 44283. This requirement may be satisfied by either completion of coursework or by passage of the RICA at the level required for the Multiple Subject Teaching Credential, and
(D) demonstration of a knowledge of the principles and provisions of the Constitution of the United States pursuant to Education Code Section 44335.
(3) The holder of a Single Subject Teaching Credential may obtain a Single Subject Teaching Credential in an added authorization by one of the following methods:
(A) The holder of a Single Subject Teaching Credential may obtain a Single Subject Teaching Credential in an added authorization by verifying the requirements described in (A), (C), and (D) of (d)(1). It will be valid for five years from the original issuance date of the initial preliminary Single Subject Teaching Credential.
(B) The holder of a Single Subject Teaching Credential may obtain a Single Subject Teaching Credential in an added authorization by verifying subject matter knowledge described in (A) of (d)(1). It will be valid for two years from the original issuance date of the initial preliminary Single Subject Teaching Credential.
(4) A grade of “C” or better, “Pass,” or “Credit,” must be earned in the coursework in the study of alternative methods of developing English language skills and the subject-matter pedagogy.
(5) The applicant will be granted a 5-year preliminary multiple or single subject teaching authorization, with the exceptions described in (d)(3). Upon completion of all requirements for the professional clear credential as specified in Education Code, Section 44259(c), the qualified applicant may be granted a professional clear single or multiple subject teaching authorization.
(e) A qualified applicant holding a valid teaching credential obtained prior to January 1, 1974, who has completed a fifth year program after earning a baccalaureate degree at a regionally accredited institution may obtain a clear multiple or single subject teaching authorization by verifying subject matter knowledge in the requested area. Subject matter knowledge can be verified by completion of either the appropriate subject-matter examination(s) adopted by the Commission, or a Commission-approved subject-matter program.
(f) A qualified applicant holding a valid teaching credential obtained prior to January 1, 1974, but who has not yet completed a fifth year program after earning a baccalaureate degree at a regionally accredited institution, may obtain a preliminary multiple or single subject teaching authorization when the holder has verified subject matter knowledge in the requested area by completion of either the appropriate subject-matter examination(s) adopted by the Commission, or a Commission-approved subject-matter program. Upon completion of a fifth year program including the recommendation of a Commission-approved institution, the qualified applicant may be granted a clear multiple or single subject teaching authorization.
(g) When a teacher is assigned outside his or her grade level or subject-matter authorization, opportunities for the teacher to have available transitional supervision or training shall be provided as deemed appropriate by the district or county superintendent.
NOTE
Authority cited: Section 44225(q), Education Code. Reference: Sections 44225(e) and 44259, Education Code.
HISTORY
1. Renumbering from Section 80058 to Section 80499 and amendment filed 1-11-79; effective thirtieth day thereafter (Register 79, No. 2).
2. Amendment filed 8-22-80; effective thirtieth day thereafter (Register 80, No. 34).
3. Amendment filed 12-10-86; effective thirtieth day thereafter (Register 86, No. 50)
4. Amendment of section heading, section and Note filed 12-24-96; operative 1-23-97 (Register 96, No. 52).
5. Amendment of section heading and section filed 1-10-2000; operative 2-9-2000 (Register 2000, No. 2).
Article 6. Denial of Application for Credentials
Note • History
As used in this article:
(a) “Credential” means any credential, certificate, or permit issued by the Commission.
(b) “Application for a credential” includes an application for the issuance of a credential, an application for a renewal of a credential, an application to add new authorizations to an existing credential, or a request to take any special action in relation to the issuance of a credential.
(c) “Committee” means the Appeals and Waivers Committee of the Commission.
(d) “Denial” means the refusal of the Commission or staff to issue a credential, or renew or add a new authorization to an existing credential on the grounds that the applicant's education, training or experience does not satisfy the minimum requirements for the same.
(e) “Appeal of denial” means a timely written request by the applicant for a reevaluation by the Commission of his or her application.
(f) “IHE” means an institution of higher education with a Commission approved program for the credential under consideration.
(g) “LEA” means a local education agency or assessor agency that is authorized by the Commission to recommend for the credential under consideration.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44252(a), Education Code.
HISTORY
1. Amendment filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
2. New subsections (a), (f) and (g), subsection relettering and amendment of Note filed 5-24-93; operative 6-23-93 (Register 93, No. 22).
Note • History
(a) If an application for a credential is denied pursuant to any provision of this chapter, staff of the Commission shall give written notice to the applicant of the grounds on which the denial was made.
(b) Such notice of denial of the application shall be mailed or delivered in person to the applicant not later than ten days following the decision of the Commission staff to deny said application.
(c) Written notice, pursuant to this section, shall include:
(1) A statement that the application has been denied;
(2) A statement of the facts upon which the application has been denied;
(3) A statement of the informal hearing procedure and the rights of the applicant thereunder.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44252(a), Education Code.
HISTORY
1. Renumbering and amendment of former section 80514 to section 80506 filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment of subsections (a) and (c)(1) and Note filed 5-24-93; operative 6-23-93 (Register 93, No. 22).
§80507. Date of Denial of Application.
Note • History
After all necessary application materials have been filed with the Commission, failure of the Commission staff to issue a credential within the time set forth in Title 5, California Code of Regulations Section 80443 may, at the election of the applicant, be treated as a denial of the application.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44252(a), Education Code.
HISTORY
1. Renumbering and amendment of section 80517 to section 80507 filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment of section and Note filed 5-24-93; operative 6-23-93 (Register 93, No. 22).
§80508. Failure to Meet Requirements.
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Repealer filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
§80509. Appeal Grounds and Procedure.
Note • History
(a) The applicant shall initiate an appeal by filing with the Executive Director a written notice stating that the applicant appeals a particular decision of the Commission staff regarding the application, on the grounds of mistake of fact, mistake of law, or equivalence to the minimum requirements for the credential requested including the specific requirements set forth in this section. Applicants appealing under (1) or (2) below must meet the requirements in Section 80413(a) of Title 5 Regulations if qualifying for the preliminary credential and Section 80413(a)&(b) if qualifying for the professional clear credential other than that requirement being appealed. Applicants appealing under 3 below must meet the requirements in Section 80048.2(b) of Title 5 Regulations other than that requirement being appealed.
(1) If the applicant is appealing to use actual teaching experience in lieu of the student teaching requirement for a Multiple or Single Subject Teaching Credential, the applicant must verify the completion of a minimum of three years of satisfactory classroom teaching experience. The experience shall meet the requirements described below:
(A) “Year of classroom teaching” means classroom teaching for the minimum school day applicable to the level taught for at least 75 percent of the number of days the regular schools of the district were in session in the school year.
2. A school day for a single subject assignment shall be no less than three periods per day of teaching experience.
3. Long-term substitute or replacement teaching assignments may be considered when such assignments include all of the functions of the teacher of record. To be considered, experience must be a minimum of one semester or its equivalent in quarters (approximately 18 weeks) in the same assignment. Day to day substitute experience will not be cumulated to meet the requirement.
(B) Actual teaching experience submitted by the appellant shall be assessed in relation to the professional teacher preparation standards.
1. The teaching experience shall be acquired after completion of a baccalaureate degree and professional teacher preparation program excluding student teaching verified in writing by an IHE with a teacher preparation program accredited by the Committee on Accreditation in the credential requested. Experience acquired concurrently with the teacher preparation program will be considered only when verification from the IHE is submitted attesting to the fact that the university is unable or unwilling to provide supervision of the current assignment to meet the student teaching requirement.
2. An appellant who has been admitted to student teaching by an IHE but who has failed to complete the requirement because the IHE found the student teaching below acceptable performance levels as set forth in the IHE's program standards shall not have grounds for appeal.
(C) The teaching experience shall be performed in public schools or agencies, or private schools accredited by the Western Association of Schools and Colleges (WASC). The appellant's employer or employers must verify that his or her competence and performance meet standards required of a student teacher.
(D) The appellant must submit comprehensive evaluations of successful teaching experience as well as a statement from each employer which explains how the appellant was evaluated, supported, and supervised, and by whom. The evaluations for the last year of experience submitted must show satisfactory or higher ratings in all areas.
(E) The teaching experience shall be of a level, scope and responsibility beyond the service performed by an aide, reader, assistant, para-professional, tutor, day-to-day substitute, children's center or special center permit holder, consultant, or student practitioner.
(F) The teaching experience shall be appropriate to the setting of the credential being sought. For a Single Subject Teaching Credential the experience must be in a subject specified in Education Code Section 44257 which will be listed on the appellant's Single Subject Teaching Credential. For the Multiple Subject Teaching Credential, the experience must be in self-contained settings.
1. Adult school teaching experience, military teaching experience, and teaching experience in other non-traditional settings in the subject area of the credential being sought may be used to meet up to one-half of the experience requirement.
2. An appellant may use experience in a self-contained special education classroom for up to one half of the required experience. This option applies only to the Multiple Subject Teaching Credential. Appellants cannot combine this option with option 1 above.
(G) The appellant must submit in writing a statement that demonstrates his or her ability to develop, implement, and evaluate a variety of pedagogical approaches to teaching academic skills and content areas appropriate to the credential.
(2) A minimum of eight years of satisfactory teaching experience which have been acquired with no teacher preparation program may be considered by the Commission on an individual basis. The experience must be acquired after the completion of a baccalaureate degree. Such experience shall be verified in detail following criteria listed in (1)(A) and (C) through (G) above.
(3) If the appellant is appealing to use actual teaching experience in lieu of the student teaching requirement for a Specialist Instruction Credential in Special Education, the appellant must verify the completion of a minimum of three years of satisfactory special education experience. The experience shall meet the requirements described below:
(A) “Year of classroom teaching” means classroom teaching for the minimum school day applicable to the level taught for at least 75 percent of the number of days the regular schools of the district were in session in the school year.
1. A school day for a special education assignment shall be at least four hours exclusive of non-instructional time.
2. Long-term substitute or replacement teaching assignments may be considered when such assignments include all of the functions of the teacher of record. To be considered, experience must be a minimum of one semester or its equivalent in quarters (approximately 18 weeks) in the same assignment. Day to day substitute experience will not be cumulated to meet the requirement.
(B) Actual teaching submitted by the appellant shall be assessed in relation to the professional special education teacher preparation standards.
1. The teaching experience shall be acquired after completion of a baccalaureate degree and special education teacher preparation program excluding student teaching verified in writing by an IHE with a special education teacher preparation program accredited by the Committee on Accreditation in the area requested. Experience acquired concurrently with the teacher preparation program will be considered only when verification from the IHE is submitted attesting to the fact that the university is unable or unwilling to provide supervision of the current assignment to meet the student teaching requirement.
2. An appellant who has been admitted to student teaching by an IHE but who has failed to complete the requirement because the IHE found the student teaching below acceptable performance levels as set forth in the IHE's program standards shall not have grounds for appeal.
(C) The teaching experience shall be performed in public schools or agencies, or non-public, non-sectarian schools or agencies certified by the California Department of Education. The appellant's employer or employers must verify that he or she meets the same competency standards required of a student teacher.
(D) The appellant must submit comprehensive evaluations of successful teaching experience as well as a statement from each employer which explains how the appellant was evaluated, supported, and supervised, and by whom. The evaluations for the last year of experience submitted must show satisfactory or higher ratings in all areas.
(E) The teaching experience shall be of a level, scope and responsibility beyond the service performed by an aide, reader, assistant, para-professional, tutor, day-to-day substitute, children's center or special center permit holder, consultant, or student practitioner.
(F) The teaching experience shall be appropriate to the authorized field of the Specialist Instruction Credential in Special Education being sought.
(G) The appellant must submit in writing a statement that demonstrates his or her knowledge of basic principles and strategies of assessment, curriculum, and instruction that are appropriate for individuals with special needs.
(b) The petition shall be in writing and shall state the facts, information or circumstances upon which the appeal is based. The petition shall be signed and dated by the appellant, and shall include the following statement: “I certify under the penalty of perjury that the facts stated herein are true and correct.”
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44252(a), Education Code.
HISTORY
1. Renumbering and amendment of former section 80520 to section 80509 filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment of subsections (a) and (b) and Note, new subsections (a)(1)-(3), and repealer of subsections (c)-(c)(3) filed 5-24-93; operative 6-23-93 (Register 93, No. 22).
3. Amendment filed 12-18-97; operative 1-17-98 (Register 97, No. 51).
§80510. Time of Filing Appeal.
Note • History
(a) Appeal of the denial of an application pursuant to this chapter shall be filed within 30 days after the appellant has been served with notice of such denial.
(b) Upon a showing of good cause, the Executive Director may allow such an appeal to be filed within 30 days after the end of the period in which the appeal should have been filed, or such other extension as may be required by illness or other justifiable cause.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44252(a), Education Code.
HISTORY
1. Renumbering and amendment of former section 80523 to new section 80510 filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment of section and Note filed 5-24-93; operative 6-23-93 (Register 93, No. 22).
§80511. Duties of the Committee.
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Renumbering of Section 80511 to Section 80514 filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
§80512. Initiation of Appeal Procedure.
Note • History
Within 30 days of the filing of an appeal, the Executive Director shall take the following actions:
(a) Cause a statement of issues to be prepared and filed with the Committee setting forth the causes upon which the appeal is based;
(b) Submit the statement of issues to the Committee at the earliest possible date; and
(c) Notify the appellant of the date, time and place of the informal hearing before the Committee.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44252(a), Education Code.
HISTORY
1. New section filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment of section and Note filed 5-24-93; operative 6-23-93 (Register 93, No. 22).
§80514. Duties of the Committee.
Note • History
Upon appeal of denial of an application for a credential, the matter shall be referred to the Committee to conduct an informal hearing unless the Commission specifically has reserved the same for its own action. Upon such informal hearing by the Committee, the Committee shall recommend that such application be granted or denied.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44252(a), Education Code.
HISTORY
1. Renumbering and amendment of former section 80514 to section 80506, and renumbering of former section 80511 to section 80514 filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment of Note filed 5-24-93; operative 6-23-93 (Register 93, No. 22).
Note • History
An appellant who has been denied a credential pursuant to this chapter shall have the following rights before the Committee:
(a) To present such written evidence as he or she feels is necessary or appropriate to the issues involved at any time up to and including the day of hearing;
(b) To present written or oral arguments to the Committee;
(c) To be represented by the person of his or her choice; and
(d) To choose not to appear before the Committee and to have such failure to appear not be considered either an admission or denial of the facts described in the written notice.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44252(a), Education Code.
HISTORY
1. Renumbering and amendment of former section 80526 to section 80515 filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment of section heading, text and Note filed 5-24-93; operative 6-23-93 (Register 93, No. 22).
§80516. Open Hearing (Appellant's option to close hearing).
Note • History
The informal hearing shall be open, unless the appellant requests a closed hearing. Any request for such closed hearing shall be made and received at least 30 days prior to the scheduled hearing. Testimony shall be limited to responses to questions by the Appeals and Waivers Committee members, written documents and oral presentations by witnesses registered with the chair of the Appeals and Waivers Committee prior to commencing the hearing.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44252(a), Education Code.
HISTORY
1. Renumbering of former section 80529 to section 80516 filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Repealer and new section filed 5-24-93; operative 6-23-93 (Register 93, No. 22).
§80517. Date of Denial of Application.
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Renumbering and amendment of Section 80517 to Section 80507 filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
(a) The chair of the Committee shall conduct the informal hearing.
(b) The chair may do whatever is necessary to carry out the intent and provisions of this article to insure that the informal hearing is conducted in a fair, dignified, and orderly manner which is not specifically prohibited by any applicable provision of law.
(c) The action of the Committee on appeals requires a majority vote. In the case of a tie, the matter remains on the Committee calendar for the next meeting of the Committee, at which time the matter shall be reconsidered and decided by a majority. If the matter cannot be resolved by a majority vote after two meetings, the appeal shall be deemed to have been recommended for denial and the appellant so notified.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44252(a), Education Code.
HISTORY
1. Renumbering of former section 80532 to section 80518 filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
2. New subsection (c) and amendment of subsections (a) and (b) filed 5-24-93; operative 6-23-93 (Register 93, No. 22).
§80519. Notice of Committee Decision.
Note • History
(a) If the Committee recommends that the application for a credential be granted, the Chair of the Committee shall present the recommendation to the Commission forthwith. If the Commission decides to grant the appeal, the Executive Director shall, within 10 days following the decision, notify the appellant in writing of the judgment. If the Commission rejects the Committee's recommendation, the matter shall be returned to the Committee for reconsideration at the next available meeting.
(b) If the Committee recommends denial of the application for a credential, the Executive Director shall, within 10 days following the informal hearing, notify the appellant in writing of the following:
(1) The recommendation of the Committee;
(2) The facts upon which the appeal was recommended for denial; and
(3) An explanation of the procedures for an administrative hearing and the rights of the appellant.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44252(a), Education Code.
HISTORY
1. New section filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment of section and Note filed 5-24-93; operative 6-23-93 (Register 93, No. 22).
§80520. Initiation of Appeal Procedure.
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Renumbering and amendment of Section 80520 to Section 80509 filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
(a) Within 30 days following a recommendation by the Committee, to deny the application, the appellant may apply for an administrative hearing by filing a written request with the Executive Director.
(b) If an administrative hearing is requested, the proceeding shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44252(a), Education Code.
HISTORY
1. Renumbering and amendment of former section 80535 to section 80521 filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment of section heading, subsection (a) and Note filed 5-24-93; operative 6-23-93 (Register 93, No. 22).
Note • History
Unless a request for an administrative hearing is filed, each recommendation of the Committee to deny an application shall become the final decision of the Commission 30 days after a copy of such recommendation is mailed to the parties to the proceeding in which the recommendation was rendered.
NOTE
Authority cited: Section 44225, Education Code. Reference: Section 44252(a), Education Code.
HISTORY
1. Renumbering and amendment of former section 80538 to section 80522 filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment of section and Note filed 5-24-93; operative 6-23-93 (Register 93, No. 22).
Note • History
(a) The Commission may assign to its certification staff the authority to waive Education Code Sections 44251, 44253, 44277, 44279 or 44348 concerning the term of the credential for applicants who request an extension of time to complete requirements. The applicant must demonstrate good cause for requesting an extension of time to complete requirements. Good cause shall include, but is not limited to, the following:
(1) a requirement has been established since the applicant received his or her credential;
(2) the applicant was unable to complete requirements because of personal health problems or the health problems of a family or household member;
(3) the applicant is currently employed in a position requiring a credential or its equivalent and no IHE or LEA can be reached within one and one-half hours of traveling time;
(4) the applicant submits verification from the IHE or LEA that there were no openings in the program or that the required course work was unavailable;
(5) the applicant unknowingly completed course work, such as continuing education courses, which the IHE, LEA, or Commission cannot accept toward completion of the requirements;
(6) the applicant did not receive information about the requirement from the Commission with sufficient time to complete the requirement;
(7) the applicant enrolled in a second or subsequent IHE or LEA and the new IHE or LEA required additional course work or assessment which the applicant was unable to complete on time;
(8) demands of job or family made attendance at an IHE or LEA impossible;
(9) the applicant has completed educational requirements, but has not met the experience requirement; and
(10) the applicant has not been employed in the California public school system since the credential was issued;
(b) These waivers may be issued only once, except in cases where the extenuating circumstances continue to exist and the applicant has made sufficient progress toward completion of the requirements.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44225(m), 44251, 44253, 44277, 44279 and 44348, Education Code.
HISTORY
1. New section filed 5-24-93; operative 6-23-93 (Register 93, No. 22). For prior history, see Register 82, No. 39.
§80523.1. Experience in Lieu of Student Teaching.
Note • History
The Commission may assign to its certification staff the authority to issue Multiple or Single Subject Teaching Credentials or Education Specialist Instruction Credentials to applicants who meet the requirements established in Section 80509 when the applicant verifies that he or she has completed the three years of experience after completion of the baccalaureate degree and professional preparation program excluding student teaching.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44225(g) and 44252(a), Education Code.
HISTORY
1. New section filed 5-24-93; operative 6-23-93 (Register 93, No. 22).
2. Amendment filed 1-31-2005; operative 3-2-2005 (Register 2005, No. 5).
§80523.2. IHE or LEA Unable to Recommend.
Note • History
The Commission may assign to its certification staff the authority to issue credentials to applicants who have a statement from an IHE or LEA verifying that the applicant has completed the equivalent of the approved program, but the institution or agency cannot provide the applicant with a formal recommendation because it is against their policy.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44227 and 44252(a), Education Code.
HISTORY
1. New section filed 5-24-93; operative 6-23-93 (Register 93, No. 22).
§80523.3. Administrative Services Experience.
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44225(m) and 44270.1(a)(2), Education Code.
HISTORY
1. New section filed 5-24-93; operative 6-23-93 (Register 93, No. 22).
2. Repealer filed 6-1-2004; operative 7-1-2004 (Register 2004, No. 23).
§80523.4. Administrative Services Prerequisite.
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44225(m) and 44270(a)(1), Education Code.
HISTORY
1. New section filed 5-24-93; operative 6-23-93 (Register 93, No. 22).
2. Repealer filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Renumbering and amendment of Section 80526 to Section 80515 filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Renumbering of Section 80529 to Section 80516 filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Renumbering of Section 80532 to Section 80518 filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
§80535. Rehearing by the Commission.
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Renumbering and amendment of Section 80535 to Section 80521 filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
Note • History
NOTE
Authority cited: Section 44225, Education Code.
HISTORY
1. Renumbering and amendment of Section 80538 to Section 80522 filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
Article 7. Requirements and Procedures for Renewing Professional Clear Multiple and Single Subject Teaching Credentials, Service or Specialist Credentials, and Designated Subjects Adult and Vocational Education Teaching Credentials
Note • History
The terms in this article shall have the following meanings.
(a) “Professional growth” refers to those activities which contribute to a credential holder's competence, performance, or effectiveness in the profession of education.
(b) The term “professional clear credential” refers to any credential having professional growth renewal requirements and being either:
(1) a multiple or single subject teaching credential issued after August 31, 1985 as the recipient's first, permanent teaching credential and whose validity is subject to the requirements of Education Code section 44277, or
(2) A service or specialist credential initially issued on or after July 1, 1994.
Emergency and preliminary credentials are not considered permanent credentials for the purposes of this article.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44260.1 and 44260.5, Education Code.
HISTORY
1. New article 7 (sections 80550-80565, not consecutive) filed 10-1-86, operative 10-31-86 (Register 86, No. 40). For history of former article 7, see Register 82, No. 39.
2. Amendment of article heading, subsection (b) and new subsections (b)(1)-(2) filed 5-10-94; operative 6-9-94 (Register 94, No. 19).
3. Editorial correction of History 2 (Register 94, No. 21).
4. Amendment of article 7 heading filed 4-10-95; operative 5-10-95 (Register 95, No. 15).
§80552. Specific Requirements for Renewing Professional Clear Credentials.
Note • History
The minimum requirements for renewing a professional clear credential shall include all of the following.
(a) Submission of a professional growth plan and record that verifies completion of 150 hours of approved professional growth activities pursuant to Sections 80554 through 80562, and one-half year of successful service pursuant to Section 80565 of this article. For credential holders renewing more than one credential simultaneously, a total of 150 hours of professional growth activities in either credential area and one half year of service on either credential may satisfy this requirement.
(b) Submission of a completed application form provided by the Commission.
(c) Payment of the fee specified in Section 80487.
NOTE
Authority cited: Section 44225(b), Education Code. Reference: Sections 44235 and 44277, Education Code.
HISTORY
1. New section filed 10-1-86; operative 10-31-86 (Register 86, No. 40).
2. Amendment of section heading and text filed 5-10-94; operative 6-9-94 (Register 94, No. 19).
§80553. Period of Validity and Renewal Cycle for Professional Clear Teaching and Services Credentials.
Note • History
(a) The period of validity and renewal cycle for professional clear teaching and services credentials, excluding designated subjects teaching credentials, are the following:
(1) For individuals who hold only one professional clear credential listed in (a):
(A) The initial period of validity shall be from the issuance date established in Title 5 Section 80440 and will expire the first day of the following month five years later.
(B) If the renewal requirements have been completed at the time of application, then the following dating structure will be used:
1. If the renewal is submitted within one year prior to the expiration date of the credential, the credential shall be renewed using the issuance date established in Title 5 Section 80440 and will expire five years later.
2. If the renewal is submitted more than one year prior to the expiration date of the credential, the credential shall be renewed using the issuance date established in Title 5 Section 80440 and will expire the first day of the following month five years later.
3. If the renewal is submitted after the expiration date, the credential shall be reissued using the issuance date established in Title 5 Section 80440 and will expire the first day of the following month five years later.
(C) If the renewal requirements have not been completed at the time of application, then the credential may be renewed, one time only, using the following dating structure.
1. If the renewal is submitted by the expiration date of the credential, the credential shall be renewed using the issuance date established in Title 5 Section 80440 and will expire two years later.
2. If the renewal is submitted after the expiration date, the credential shall be reissued using the issuance date established in Title 5 Section 80440 and will expire the first day of the following month two years later.
(2) For individuals who hold two or more professional clear credentials listed in (a):
(A) The initial period of validity shall use the following dating structure.
1. The issuance date is that established in Title 5 Section 80440 independently for each credential, and all credentials will expire the first day of the following month five years later from the earliest issuance date.
(B) If all professional clear credentials held are renewed at the same time and the renewal requirements have been completed at the time of application, then the following dating structure will be used:
1. If the renewals are submitted within one year prior to the expiration date of the credentials to be renewed, the credentials shall be renewed using the issuance date established in Title 5 Section 80440 and will expire five years later.
2. If the renewals are submitted more than one year prior to the expiration date of the credentials to be renewed, the credentials shall be renewed using the issuance date established in Title 5 Section 80440 and will expire the first day of the following month five years later.
3. If the renewals are submitted after the expiration date, the credentials shall be reissued using the issuance date established in Title 5 Section 80440 and will expire the first day of the following month five years later.
(C) If all professional clear credentials held are renewed at the same time and the renewal requirements have not been completed at the time of application, then the credentials may be renewed, one time only, using the following dating structure.
1. If the renewals are submitted by the expiration date of the credentials to be renewed, the credentials shall be renewed using the issuance date established in Title 5 Section 80440 and will expire two years later.
2. If the renewals are submitted after the expiration date, the credentials shall be reissued using the issuance date established in Title 5 Section 80440 and will expire the first day of the following month two years later.
(D) If all professional clear credentials held are renewed at different times and the renewal requirements have been completed at the time of each application, then the following dating structure will be used.
1. If the renewals are submitted within one year prior to the expiration date of the credentials to be renewed, the credentials shall be renewed using the issuance date established in Title 5 Section 80440 and will expire five years later.
2. If the renewals are submitted more than one year prior to the expiration date of the credentials to be renewed, the credentials shall be renewed using the issuance date established in Title 5 Section 80440 independently for each credential, and all of the credentials will expire the first day of the following month five years from the earliest issuance date.
3. If the renewals are submitted after the expiration date, the credentials shall be reissued using the issuance date established in Title 5 Section 80440 independently for each credential, and all of the credentials will expire on the first day of the following month five years from the earliest issuance date.
(E) If all professional clear credentials held are renewed at different times and the renewal requirements have not been completed at the time of each application, then the credentials shall be renewed, one time only, using the following dating structure.
1. If the renewals are submitted by the expiration date of the credentials to be renewed, the credentials shall be renewed using the issuance date established in Title 5 Section 80440 and will expire two years later.
2. If the renewals are submitted after the expiration date, the credentials shall be reissued using the issuance date established in Title 5 Section 80440 independently for each credential, and all of the credentials will expire on the first day of the following month two years from the earliest issuance date.
(3) For individuals who hold a dependent professional clear credential in (a) issued on basis of a non-professional-clear prerequisite credential:
(A) If the prerequisite credential is valid for more than five years from the issuance date of the dependent professional clear credential, then the following dating structure will be used.
1. The initial period of validity for the dependent professional clear credential shall be from the issuance date established in Title 5 Section 80440 and will expire the first day of the following month five years later.
2. If the renewal requirements have been completed for the dependent professional clear credential at the time of application, then the following dating structure will be used.
a. If the renewal is submitted within one year prior to the expiration date of the dependent professional clear credential, the credential shall be renewed using the issuance date established in Title 5 Section 80440 and will expire five years later.
b. If the renewal is submitted more than one year prior to the expiration date of the dependent professional clear credential, the credential shall be renewed using the issuance date established in Title 5 Section 80440 and will expire the first day of the following month five years later.
c. If the renewal is submitted after the expiration date of the dependent professional clear credential, the credential shall be reissued using the issuance date established in Title 5 Section 80440 and will expire the first day of the following month five years later.
3. If the renewal requirements have not been completed for the dependent professional clear credential at the time of application, the credential shall be renewed, one time only, using the following dating structure.
a. If the renewal is submitted prior to the expiration date of the dependent professional clear credential, the credential shall be renewed using the issuance date established in Title 5 Section 80440 and will expire two years later.
b. If the renewal is submitted after the expiration date of the dependent professional clear credential, the credential shall be reissued using the issuance date established in Title 5 Section 80440 and will expire the first day of the following month two years later.
(B) If the prerequisite credential is valid for five years or less from the issuance date of the dependent professional clear credential, then the following dating structure will be used.
1. The initial period of validity for the dependent professional clear credential shall be the issuance date established in Title 5 Section 80440 and will expire on the expiration date of the prerequisite credential.
2. If the renewal requirements have been completed for the dependent professional clear credential at the time of application, the credential shall be renewed using the issuance date established in Title 5 Section 80440 and will expire on the expiration date of the prerequisite credential.
3. If the renewal requirements have not been completed for the dependent professional clear credential at the time of application, the credential shall be renewed, one time only, using the following dating structure.
a. If the renewal is submitted by the expiration date of the dependent professional clear credential, the credential shall be renewed using the issuance date established in Title 5 Section 80440 and will expire two years later or the expiration date of the prerequisite credential, which ever comes first.
b. If the renewal is submitted after the expiration date of the dependent professional clear credential, the credential shall be reissued using the issuance date established in Title 5 Section 80440 and will expire the first day of the following month two years later or the expiration date of the prerequisite credential, which ever comes first.
(b) The period of validity and renewal cycle for professional clear designated subjects teaching credentials are the following:
(1) The initial period of validity shall be from the issuance date established in Title 5 Section 80440 and will expire the first day of the following month five years later.
(2) If the renewal requirements have been completed at the time of application, then the following dating structure will be used.
(A) If the renewal is submitted within one year prior to the expiration date of the credential, the credential shall be renewed using the issuance date established in Title 5 Section 80440 and will expire five years later.
(B) If the renewal is submitted more than one year prior to the expiration date of the credential, the credential shall be renewed using the issuance date established in Title 5 Section 80440 and will expire the first day of the following month five years later.
(C) If the renewal is submitted after the expiration date, the credential shall be reissued using the issuance date established in Title 5 Section 80440 and will expire on the first day of the following month five years later.
(3) If the renewal requirements have not been completed at the time of application, then the following dating structure will be used.
(A) If the renewal is submitted prior to the expiration date of the credential to be renewed, the credential shall be renewed using the issuance date established in Title 5 Section 80440 and will expire two years later.
(B) If the renewal is submitted after the expiration date, the credential shall be reissued using the issuance date established in Title 5 Section 80440 and will expire on the first day of the following month two years later.
(c) If the holder of a professional clear credential has already used the two-year extension for any professional clear credential, the professional growth and service requirements must always be completed before a professional clear credential of any type can be renewed or reissued.
NOTE
Authority cited: Sections 44225(b) and 44225(q), Education Code. Reference: Sections 44225(b), 44251(b)(3), 44277 and 44279, Education Code.
HISTORY
1. Amendment of section heading, repealer and new section, and amendment of Note filed 12-10-98; operative 1-9-99 (Register 98, No. 50).
§80554. Professional Growth Plan.
Note
(a) On a form provided by the Commission, a credential holder shall write a professional growth plan, which shall identify his or her professional growth goals, and the professional growth activities he or she proposes to pursue.
(b) In a professional growth plan a credential holder shall include activities in two or more categories of activities as defined in subdivision (c) of Section 80558.
(c) A credential holder may amend a professional growth plan by adding, deleting or changing any of the original or previously amended goals or proposed activities.
(d) A professional growth advisor shall sign a professional growth plan, and shall initial an amendment to a professional growth plan, that complies with Education Code Section 44277 and this article.
(e) No professional growth advisor or other person shall compel a credential holder to include any particular activities in his or her professional growth plan.
(f) Once a professional growth plan has been signed by a professional growth advisor, it shall continue in force regardless of any change in the validity of the credential, any replacement of the professional growth advisor, any change in assignment, or any transfer by the credential holder from one employer to another. No professional growth advisor or other person shall compel a credential holder to change a signed professional growth plan.
NOTE
Authority cited: Section 44225(b), Education Code. Reference: Section 44277(c) and (d), Education Code. (Section filed 10-1-86, operative 10-31-86; Register 86, No. 40).
§80555. Professional Growth Record.
Note
(a) On a form provided by the Commission, a credential holder shall, under penalty of perjury, write a professional growth record, which shall accurately identify the professional growth activities that the credential holder has completed, and indicate the number of clock hours spent completing each activity.
(b) A credential holder who willfully signs and submits an inaccurate professional growth record which he or she knows to be false to a professional growth advisor or to the Commission shall be subject to the penalties for perjury and unprofessional conduct pursuant to Education Code Section 44421.
(c) A professional growth advisor may require a credential holder to provide reasonable verification that the elements of a professional growth record are accurate. Reasonable verification may include (but is not limited to) products of an activity; official records of attendance; copies of notes, minutes, or other records of meetings attended; materials distributed at classes, workshops, conferences or staff development programs; or other tangible records of activities. If an advisor has independent evidence or reason to believe a professional growth record is accurate, he or she may decide not to require the credential holder to verify its accuracy.
(d) A professional growth advisor shall sign a professional growth record that corresponds to a signed professional growth plan, and that complies with Education Code Section 44277 and this article.
(e) A professional growth plan and record shall not include any portion of an activity which occurred prior to the time the credential holder applied for the professional clear credential, or for the most recent renewal of the professional clear credential.
NOTE
Authority cited: Section 44225(b), Education Code. Reference: Sections 44277(c), (d), and (e) and 44421, Education Code. (Section filed 10-1-86, operative 10-31-86; Register 86, No. 40).
§80556. Professional Growth Advisor for Multiple or Single Subject Teaching Credential.
Note • History
(a) The chief administrative officer, or his or her designee, of a public agency whose employees are required to hold valid teaching credentials shall designate one or more certificated persons to be professional growth advisors if the agency employs one or more holders of professional clear credentials.
(b) To be eligible to be a professional growth advisor for teaching type credentials, a person must hold a valid permanent California teaching or services credential, and a baccalaureate degree from an accredited institution of postsecondary education. An employing agency that designates one or more professional growth advisors may establish additional qualifications for advisors.
(c) The employing agency shall adopt policies and procedures for the selection of professional growth advisors which contribute the best possible match between the credential holder and the advisor.
(1) Subject matter compatibility, interest in special topics, and interactive skills should be considered in selecting advisors.
(2) Proximity to the work location of the credential holder and reasonable workload for the advisor shall be considered.
(d) An agency which employs holders of professional clear credentials may appoint a professional growth panel(s) to act as an appeal body to resolve disputes between credential holders and professional growth advisors. The panel may also participate in selecting, orienting and assisting professional growth advisors.
(e) The responsibilities of a professional growth advisor shall be as defined in this subdivision.
(1) Know the contents of Education Code Section 44277, this article, and the professional growth manual published by the Commission, and provide for a discussion of these with credential holders. The professional growth advisor shall discuss the staff development needs of the employing agency and the school with the credential holder and may recommend activities and domains of activities.
(2) Advise credential holders and approve professional growth plans and records that have been developed by credential holders, and that comply with the terms of Education Code Section 44277 and this article.
(f) A public agency whose employees are required to hold valid teaching credentials shall give each credential holder the names and work locations of the professional growth advisors who have been designated by the agency.
(g) If a credential holder determines that his or her employing agency has not designated a suitable professional growth advisor, and cannot resolve this problem with a representative of the agency, or if the employer has not designated any professional growth advisors, or if the credential holder is not employed, he or she may seek permission from a responsible officer of another public or private agency to consult with an advisor who is employed by the other agency, or the credential holder may ask the Commission to approve a professional growth plan or record.
(h) No credential holder may serve as his or her own professional growth advisor.
(i) No person or agency shall compel a credential holder to pay any fee or provide any service in exchange for professional growth advice, or for approval of a professional growth plan or record.
(j) The chief administrative officer, or his or her designee, of a public or private employing agency shall remove any professional growth advisor who has been determined by the agency or the Commission to have willfully and arbitrarily violated Education Code Section 44277 or this article.
NOTE
Authority cited: Section 44225(b), Education Code. Reference: Section 44277(d) and (e), Education Code.
HISTORY
1. New section filed 10-1-86; operative 10-31-86 (Register 86, No. 40).
2. Amendment of section heading and subsection (b) filed 5-10-94; operative 6-9-94 (Register 94, No. 19).
§80556.1. Professional Growth Advisor for Service and Specialist Credentials.
Note • History
(a) The chief administrative officer (or designee) of a public agency, some of whose employees are required to hold valid specialist or service credentials, may designate one or more persons to be professional growth advisors. However, the credential holder is responsible for selecting an appropriate advisor. Subject matter compatibility, interest in special topics, interactive skills, proximity of the advisor and advisor workload should be considered by the credential holder when selecting an advisor. Holders of credentials requiring prerequisite credentials may choose more than one advisor when more than one type of professional clear credential is being renewed.
(b) Eligibility to be a professional growth advisor for service or specialist credential holders requires satisfaction of one of the following:
(1) The advisor holds a valid (clear or professional clear) specialist or services credential, and a baccalaureate degree from an accredited institution of postsecondary education.
(2) Those who instruct in the area of expertise in an approved credential program at the postsecondary level may serve as professional growth advisors.
(3) Alternatively, the professional service or specialist credential holder may choose an advisor in the area of his or her teaching credential provided that the provisions of Section 80556 have been met.
(c) An agency which employs holders of professional clear service and specialist credentials may appoint a professional growth panel(s) to act as an appeal body to resolve disputes between credential holders and professional growth advisors. The panel may also participate in selecting orienting and assisting professional growth advisors.
(d) The responsibilities of a professional growth advisor shall be as follows:
(1) Know the contents of the pertinent sections of this article of Title 5 California Code of Regulations pertaining to professional growth requirements for service and specialist credentials and provide for a discussion of these with credential holders. The professional growth advisor shall discuss the staff development needs of the employing agency and/or the school with the credential holder and may suggest activities and/or domains of activities.
(2) The advisor shall provide consultation in the selection of activities as well as discuss what has been gained from participation in those activities.
(e) A public agency whose employees are required to hold valid service or specialist credentials shall give each credential holder the names and work locations of any professional growth advisors who have been designated by the agency for these credential areas.
(f) No credential holder may serve as his or her own professional growth advisor.
(g) No person or agency shall compel a credential holder to pay any fee or provide any service in exchange for professional growth advice, or for approval of a professional growth plan or record.
(h) The chief administrative officer, or his or her designee, of a public or private employing agency shall have the authority to remove any professional growth advisor who has been determined by the agency or the Commission to have willfully and arbitrarily violated Education Code Section 44277 or this article.
NOTE
Authority cited: Section 44225(b), Education Code. Reference: Sections 44277(d) and (e), Education Code.
HISTORY
1. New section filed 5-10-94; operative 6-9-94 (Register 94, No. 19).
§80558. Professional Growth Activities For All Professional Clear Credential Holders.
Note • History
(a) Each activity that a credential holder includes in a professional growth plan and record shall satisfy standards (1), (2), and (3) of this subdivision. A professional growth advisor may require a credential holder to explain how an activity satisfies or is likely to satisfy one or more of the standards stated in this subdivision.
(1) The activity is of high quality and is consistent with the credential holder's professional growth goals, as stated in the professional growth plan.
(2) The activity will contribute to the credential holder's competence, performance or effectiveness in one or more of the domains of professional growth that are specified in subdivision (b) of this section.
(3) The activity fits one of the categories of professional growth activities that are specified in subdivision (c) of this section.
(b) Domains of professional growth for multiple or single subject teaching credentials include the following:
(1) A subject the credential holder teaches, or reasonably expects to teach, in kindergarten or in grades one through twelve.
(2) A field of specialization in which the credential holder serves, or reasonably expects to serve, in kindergarten or in grades one through twelve.
(3) Concepts, principles and methods of effective teaching, curriculum, and evaluation in kindergarten or in grades one through twelve.
(4) Concepts and principles of physical, intellectual, social and emotional development among children and youth.
(5) Concepts and principles of human communication, learning, motivation and individuality.
(6) Languages and cultural backgrounds of groups of children and youth that attend California schools.
(7) Concepts and principles of effective relationships among schools, families and communities.
(8) Roles, organization, and operation of public education and of institutions that promote public education.
(c) Domains of professional growth for specialist and service credentials shall be defined as follows:
(1) A field of specialization in which the credential holder serves, or reasonably expects to serve, or service which the credential holder provides or reasonably expects to provide.
(2) Concepts, principles, and methods of effective intervention, instruction, curriculum design, evaluation, assessment, and consultation.
(3) Concepts and principles of the interrelationships of family members and the physical, intellectual, social-emotional, and language development of children and youth.
(4) Concepts and principles of human communication, learning, motivation, individuality and family dynamics.
(5) Understanding of ethnic, cultural, and gender diversity, especially the current demographics, diverse language/dialects and multicultural backgrounds of the California population.
(6) Concepts and principles of effective relationships among schools, families, agencies, businesses, and local communities.
(7) Understanding of, and problem solving related to, current issues facing schools and communities.
(8) The organization, operation, management, and leadership of programs or sites and the roles of the people who work at these sites or in these programs.
(9) The understanding and use of technology in educational settings.
(d) Categories of professional growth activities for all professional clear credentials shall be as defined in this subdivision.
(1) Completion of one or more lower division, upper division or graduate level courses offered on campus, off campus or in extension by any regionally accredited two-year or four-year college or university.
(2) Participation in those portions of one or more conferences, workshops, institutes, academies, symposia, teacher center programs or staff development programs whose purpose is to increase the professional knowledge, competence, performance or effectiveness of participants.
(3) Participation in one or more systematic programs of observation and analysis of teaching or the performance of a peer-alike job, provided that each program is planned, focuses on one or more predetermined aspects of teaching and includes follow-up activities such as discussion, critique or application of what has been observed or analyzed.
(4) Service in a leadership role in an educational institution, consistent with the following definition and restriction.
(A) Activities in which the credential holder contributes to the improvement of a school district or other educational institution shall be acceptable, including activities in which he or she assists student teachers or other teachers in their instructional development, either as a mentor teacher or in another appointed capacity.
(B) Activities shall not be acceptable if they are part of the routine functioning of an educational institution, or if they are part of a teacher's basic responsibilities, including (but not limited to) planning lessons, arranging a classroom environment, preparing assorted instructional materials, assessing student performances, or keeping records.
(5) Service in a leadership role in a professional organization, consistent with the following definition and restriction.
(A) To be an acceptable activity, the credential holder must serve as an elected officer, or a chair of a committee, or an official representative of an organization of professional educators, and he or she must participate in charting, planning or forming educational or professional policies, positions or directions for the organization to pursue.
(B) Activities that contribute to the ongoing operations or functioning of a professional organization shall not be acceptable, such as efforts to increase the membership or participate in collective bargaining activities.
(6) Participation in efforts to conduct educational research or to investigate educational innovations shall be acceptable, provided that the credential holder has an active role in one or more of the following stages of the effort: planning, developing, piloting, field testing or evaluating a study or innovation; or analyzing, interpreting, demonstrating or disseminating the results of a study or innovation.
(7) Other activities that shall be acceptable are defined below.
(A) Participation in a professional exchange program, provided that the credential holder changes positions with another educator for a specified period of time.
(B) Participation in alternative work experience programs, paid or volunteer, in which the credential holder fulfills new professional responsibilities for a specified period of time.
(C) Participation in a program of independent study, provided that the credential holder investigates a specified aspect of education, produces a written report or other tangible product, and evaluates the independent study and its product.
(D) Creative endeavors, provided that the credential holder creates a tangible product that exhibits originality of thought and execution, or participates in a production in which the credential holder exhibits a creative talent, and provided that the creative endeavors directly relate to a subject or student group the credential holder teaches or reasonably expects to teach.
(E) Cultural experiences, such as attendance at museums or musical, dramatic or dance productions, or cross-cultural immersion in the language and culture of an ethnic or national group, provided that the experiences directly relate to a subject or student group the credential holder teaches or reasonably expects to teach.
(e) Holders of credentials requiring prerequisite credentials may choose activities which are subsumed under either their service or specialist credential or their supporting teaching credential area provided that the previous domain/activity requirements have been satisfied and their advisor approves such activities.
(f) For those service credential holders holding other licenses in areas directly related to the credential (e.g., a Registered Nurse license for school nurse/health service) continuing education hours completed necessary to satisfy license renewal requirements will also be recognized for credential renewal professional growth activity. Any additional professional growth activity necessary to complete credential renewal requirements shall be confined to the activities listed in the allowable domains in Section 80558(c).
NOTE
Authority cited: Section 44225(b), Education Code. Reference: Section 44277(a) and (b), Education Code.
HISTORY
1. New section filed 10-1-86; operative 10-31-86 (Register 86, No. 40).
2. Amendment of subsection (b), new subsections (c)(1)-(9), (e) and (f), subsection redesignation and amendment of subsections (d) and (d)(1)-(2) filed 5-10-94; operative 6-9-94 (Register 94, No. 19).
§80562. Professional Growth Timekeeping For All Professional Clear Credential Holders.
Note • History
(a) For each hour that a credential holder spends directly involved in an activity that is identified in a signed professional growth plan, the credential holder shall record one clock hour of time on the professional growth record.
(b) In a professional growth record, a credential holder shall not record any time spent traveling to or from a professional growth activity, or any time spent completing routine out-of-class assignments such as reading assignments or preparing for tests for an approved course, workshop, teacher center program, staff development program or professional conference that the credential holder attends. A credential holder may record time spent on out-of-class assignments if the credential holder and the professional growth advisor agree that the assignments qualify as professional growth activities in the categories defined in Section 80558(d)(2 through 7). Time spent preparing to make formal presentations in professional conferences, or as the instructor of a course, workshop, teacher center program or staff development program for teachers, may be recorded.
NOTE
Authority cited: Section 44225(c), Education Code. Reference: Section 44277(b), Education Code.
HISTORY
1. New section filed 10-1-86; operative 10-31-86 (Register 86, No. 40).
2. Amendment of subsection (b) filed 5-10-94; operative 6-9-94 (Register 94, No. 19).
§80565. Professional Service Requirement for Renewing a Professional Clear Credential.
Note • History
(a) The chief administrative office, or his or her designee of an educational institution that employs or has employed a credential holder shall verify on the credential holder's professional growth record that the credential holder has served successfully for at least one-half of a school year provided that, for multiple or single subject credentials, the service satisfies requirements (1) and (2) and either (3) or (4) of the below listed requirements; or provided that, for specialist or services credentials (at least one of which is a professional clear credential) the service satisfies (1) and (2) and either (3), (4) or (5) of the below listed requirements.
(1) The service was rendered for a minimum of 300 minutes per day for at least ninety days, or the equivalent, after the credential holder applied for the professional clear credential, or for the most recent renewal of the professional clear credential.
(2) The credential holder was not terminated for cause by the educational institution since the credential holder applied for the professional clear credential, or for the most recent renewal of the credential.
(3) The service was rendered in a position that requires certification in kindergarten or grades one through twelve during full-time employment, part-time employment, employment as a substitute teacher, or employment under another contractual agreement.
(4) The service was rendered on behalf of students and/or a group of certificated personnel in kindergarten or grades one through twelve at the site of one or more elementary schools or secondary schools.
(5) The service was rendered in an area of either:
A) a specialist or service credential
B) another professional capacity related to a specialist or service credential area.
This service must be performed in a public or private preschool , elementary school, or secondary school, or in a related educational setting serving children, youth (birth to 22) and/or families.
(b) The chief administrative officer, or his or her designee, shall discharge the responsibility of verifying successful service independently of any evaluation that may affect the credential holder's employment status.
NOTE
Authority cited: Section 44225(b), Education Code. Reference: Section 44277(a)(1), Education Code.
HISTORY
1. New section filed 10-1-86; operative 10-31-86 (Register 86, No. 40).
2. Amendment of subsection (a) and new subsections (a)(5)-(5)(B) filed 5-10-94; operative 6-9-94 (Register 94, No. 19).
§80567. Professional Growth Requirements for Designated Subjects Adult Education Teaching Credentials.
Note • History
The provisions of Section 80550(a) and Sections 80552 through 80562 shall govern professional growth requirements for Designated Subjects Adult Education Teaching Credentials, with the following exceptions and additions:
(a) The holder of a Designated Subjects Adult Education Teaching Credential that authorizes teaching only non-academic subjects shall not be required to select a professional growth advisor who possesses a baccalaureate degree as specified in Section 80556(b).
(b) The domains of professional growth, as defined in Section 80558(b), shall be expanded to include adult learners.
(c) The categories of professional growth activities, as defined in Section 80558(c), shall be expanded for the holder of a Designated Subjects Adult Education Teaching Credential that authorizes teaching a non-academic subject, to include technical training or work experience in the non-academic subject named on the credential.
(d) For the clear part-time Designated Subjects Adult Education Teaching Credential, submission of a professional growth plan and record that verifies completion of 50 hours of approved professional growth activities shall be required.
(e) The one-half year of successful service specified in Section 80552(a) shall not be required.
(f) The chief administrative officer (or designee) of a public agency, some of whose employees are required to hold a valid Designated Subjects Adult Education Teaching Credential, may designate one or more persons to be professional growth advisors. However, the credential holder is responsible for selecting an appropriate advisor. Subject matter compatibility, interest in special topics, interactive skills, proximity of the advisor and advisor workload should be considered by the credential holder when selecting an advisor.
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44225, 44252(a), 44260.3 and 44277, Education Code.
HISTORY
1. New section filed 4-10-95; operative 5-10-95 (Register 95, No. 15).
§80569. Professional Growth Requirements for Designated Subjects Vocational Education Teaching Credentials. [Repealed]
Note • History
NOTE
Authority cited: Section 44225, Education Code. Reference: Sections 44225, 44252(a), 44260.1 and 44277, Education Code.
HISTORY
1. New section filed 4-10-95; operative 5-10-95 (Register 95, No. 15).
2. Change without regulatory effect repealing section filed 5-11-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 20).
Chapter 5. Approved Programs
Article 1. Procedure for Validation
§80600. General Provisions Governing Validation of Service.
Note • History
The provisions of this section shall apply to all validation of service requests specified in Sections 80601, 80603, and 80604:
(a) Terms that are used in Sections 80601, 80603, and 80604, inclusive, are defined as follow:
(1) The term “credential” means any credential, life diploma, permit, or document issued by, or under the jurisdiction of, the Commission which entitles the holder thereof to perform services for which certification qualifications are required.
(2) “Applicant” is the individual for whom a validation of service request is submitted.
(3) The term “employing agency” means the school district or county office of education which submits a validation of service request to the Commission.
(4) The term “temporary county certificate” refers to the definition in Education Code §44332 for the certificate issued by a county office of education for the purpose of authorizing salary payments to certified employees whose credential applications are being processed.
(b) The following entities may submit validation of service requests. Each request shall be submitted on behalf of the applicant.
(1) The chief administrative officer of a public school district in California.
(2) The chief administrative officer of a county office of education in California.
NOTE
Authority cited: Section 45036, Education Code. Reference: Section 44332, Education Code.
HISTORY
1. Redesignation from Chapter 2 of Division 7, Part I (Section 6680) to Chapter 5 of Part VIII filed 1-11-79; effective thirtieth day thereafter (Register 79, No. 2).
2. Amendment of section heading, new opening paragraph, amendment of subsection (a), new subsections (a)(1)-(a)(4), amendment of subsections (b)-(b)(2) and repealer of subsections (b)(2)(A)-(b)(4) filed 6-27-96; operative 7-27-96 (Register 96, No. 26).
§80601. General Requirements for Validation of Service Requests.
Note • History
When an employing agency finds that an individual has rendered service in a position requiring certification during a period in which the individual did not hold the appropriate certification or a temporary county certificate pursuant to Education Code §44332 to cover the service, the employing agency may submit a validation of service request to the Commission.
The following requirements apply to all requests for validation of service. Prior to approval, Commission staff shall verify tha tthe provisions of Education Code §45036 have been met.
(a) Staff shall determine whether the following conditions have been met:
(1) At all times during the period of service in question, the applicant had the necessary qualifications for the credential required by law for the position in which the service was rendered.
(2) A valid credential required for such position has been issued to the applicant by the Commission after the period of service to be validated was rendered.
(b) Each validation of service request must be submitted on form CL 224 (revised 1-96) provided by the Commission. The information on the form will include the following:
(1) The name, address, social security number, and birthdate of the applicant.
(2) The name of the employer, the position the applicant held during the period requiring validation, the specific type of certification required for that position, and the specific dates of service requiring validation.
(3) The employing agency must indicate the appropriate reason for the request for validation on the form and/or include a statement why the applicant was allowed to begin service and continue to serve without having the appropriate credential or temporary county certificate. The explanation either on the form or a separate statement must be signed by the chief administrative officer of the district for which the service was rendered or the chief administrative officer of the county if the service was rendered for the county office of education.
(4) The applicant must verify that he or she has applied for or has been issued the credential required for the position for which the validation of service request has been made, the facts contained in the request are true, and the applicant approves of the employer's request for validation of service.
(5) The chief administrative officer or an appropriate representative of the chief administrative officer of the county office of education must verify whether or not a temporary county certificate was issued to cover the period of service in question.
(c) Supporting materials necessary to verify that the individual qualified for the appropriate certification must be submitted along with the request for validation of service form CL-224. Such materials may include but not be limited to official transcripts, verification of the date of program completion from the authorized person at a Commission-approved college or university, or original letters of experience.
NOTE
Authority cited: Section 45036, Education Code. Reference: Sections 45036 and 44332, Education Code.
HISTORY
1. New section filed 6-27-96; operative 7-27-96 (Register 96, No. 26).
§80603. Ineligibility for Approval.
Note • History
The Commission will not approve a validation of service request if one or more of the following conditions have been determined to be true.
(a) The applicant was not eligible for the credential authorizing the service performed during the period for which the validation of service is sought.
(b) The applicant was not eligible for the specific type and term of the credential he or she has been issued as specified in section 80601(a)(2).
(c) The applicant was only eligible for an emergency permit as specified in Sections 80023, 80025, and 80027, or a waiver document as specified in Section 80121 that would authorize the service performed during the period the service was rendered.
(d) The applicant did not meet the academic requirements for renewal of the required credential and only may have qualified to remain in the position based on an appeal per Title 5, Section 80523 to extend the valid date of the credential, an emergency permit as specified in Sections 80023, 80025, and 80027, or a waiver document as specified in Section 80121.
(e) The service was rendered prior to the date the applicant made application to the Commission for his or her initial California credential which authorizes service.
(f) The period of service requested to be validated exceeded six months unless the employing agency verifies and submits documentation of compelling circumstances why the request is for more than a six month period. Such circumstances as clerical oversight or failure on the part of the applicant to submit an application including verification of completion of requirements to the Commission or the employing agency will not be accepted.
(g) The validation of service request is received by the Commission more than six months after the last date of the period requiring validation.
NOTE
Authority cited: Section 45036, Education Code. Reference: Section 45036, Education Code.
HISTORY
1. Amendment of section heading, opening paragraph and subsections (a) and (b), and new subsections (c)-(g) filed 6-27-96; operative 7-27-96 (Register 96, No. 26).
§80604. Determination of Approval.
Note • History
(a) If all of the conditions set forth in Sections 80601 and 80603 have been confirmed the request for approval shall be reported to the Commission by way of the regular agenda process at its earliest meeting. At that meeting the Commission shall determine whether the rendering of the service should be approved. If approved, the Executive Director of the Commission shall notify the applicant, the school district superintendent, and the county superintendent of schools that the rendering of such service has been approved in accordance with Education Code Section 45036.
(b) When it cannot be determined from the materials submitted whether or not an applicant has met the conditions specified in Section 80601(a) or that the conditions specified in Section 80603 do not apply, the validation of service request will be returned to the employing agency for additional information. If the required evidence is supplied within 30 days from the mailing of that notice, the approval procedure shall be implemented as specified in subsection (a) of this section.
(c) If the required evidence referred to in section 80604(b) is not returned to the Commission within such 30-day period, the employing agency will be notified in writing that the validation of service request has been denied. A copy of the denial letter will be sent to the county superintendent of schools so that the superintendent may fulfill his or her responsibilities under Education Codes §44330, §45034, and §44258.9.
(d) If any of the conditions set forth in Section 80601(a) have not been met or any of the conditions set forth in Section 80603 apply, staff will send a letter to the employing agency stating that the request has been denied. A copy of the denial letter will be sent to the county superintendent of schools so that the superintendent may fulfill his or her responsibilities under Education Codes §44330, §45034, and §44258.9
NOTE
Authority cited: Section 45036, Education Code. Reference: Sections 45036, 44330, 45034 and 44258.9, Education Code.
HISTORY
1. Renumbering of former section 80606 to new section 80604, amendment of subsections (a)-(c) and new subsection (d) filed 6-27-96; operative 7-27-96 (Register 96, No. 26).
§80606. Determination of Approval. [Repealed]
Note • History
NOTE
Authority cited: Section 45036, Education Code. Reference: Sections 45036, 44330, 45034 and 44258.9, Education Code.
HISTORY
1. Renumbering of former section 80606 to new section 80604 filed 6-27-96; operative 7-27-96 (Register 96, No. 26).
Article 2. Professional Preparation Programs
§80632. Programs Providing Professional and Specialized Preparation for the Services Credential with a Specialization in Pupil Personnel Services: General Requirements.
Note • History
(a) The Commission shall approve an educational program designed to prepare candidates for the Services Credential with a Specialization in Pupil Personnel Services if an application filed by an accredited institution of higher education provides the following assurances and information:
(1) That the institution of higher education has been accredited by a regional accrediting commission or association which has been approved by the Council on Postsecondary Accreditation and by the United States Education Department;
(2) That the institution has a curriculum that meets the requirements of (A) and one or more of (B), (C), (D), and (E) as specified below.
(A) In order to meet the scholastic needs of school pupils with a diverse range of needs, abilities and expectations, all programs approved as preparation in pupil personnel services shall give primary emphasis to helping public school pupils to achieve academic success by emphasizing the importance of academic advising.
(B) Credit for successful completion of a program of study for the school counselor specialization as specified in Sections 80632.1 and 80632.2 shall be:
Equivalent to a minimum of 30 semester or 45 quarter units; or 450 classroom hours of postbaccalaureate study;
(C) Credit for successful completion of a program of study for the school social work specialization specified in Sections 80632.1 and 80632.3 shall be:
Equivalent to a minimum of 45 semester units or 60 quarter units; or 675 classroom hours of postgraduate study.
(D) Credit for successful completion of a program of study for the school psychologist specialization specified in Sections 80632.1 and 80632.4 shall be:
Equivalent to a minimum of 60 semester unit or 90 quarter units; or 900 classroom hours of postgraduate study.
(E) Credit for successful completion of a program of study for the added child welfare and attendance specialization specified in Section 80632.5 shall be:
1. Equivalent to a minimum of 9 semester units or 13 quarter units; or 135 classroom hours of postgraduate study.
(3) That a procedure has been established that provides a record for each candidate to designate and complete a course of study based on an area of specialization in pupil personnel services chosen by the candidate for credentialing purposes;
(4) That the institution has a complete description of its candidate evaluation procedures which sets forth the institution's minimum objectives and verifiable standards of knowledge and skill that shall be demonstrated in courses and field experiences by each candidate in the areas of pupil personnel services selected by the candidate; and
(5) That a procedure has been established in which the institution shall certify that the candidate has satisfied all legal requirements for the Pupil Personnel Services Credential as specified in Education Code 44266.
NOTE
Authority cited: Sections 44225(b)(4) and 44225(q), Education Code. Reference: Sections 44227 and 44266, Education Code.
HISTORY
1. New section filed 30-31-89; operative 4-30-89 (Register 89, No. 14).
§80632.1. Generic Program of Instruction in Basic Pupil Personnel Services for all Specializations.
Note • History
(a) Programs approved by the Commission pursuant to Sections 80632.2, 80632.3, and 80632.4 shall provide that each candidate demonstrates knowledge in the following areas of generic pupil personnel services:
(1) KNOWLEDGE OF TECHNIQUES FOR FACILITATING INDIVIDUAL GROWTH AND DEVELOPMENT TO ACHIEVE ACADEMIC SUCCESS, to include:
(A) Human growth and development, including:
1. Normal and abnormal human growth and development.
2. Individual strengths and weaknesses affecting learning.
3. Effects of cultural, racial, life-style and sex stereotyping.
4. Effects of family socio-economic status and life-style on pupil growth and development.
(B) Scope and degree of high school graduation requirements and curriculum standards.
(C) Existing remedial, developmental and special programs available to pupils in the school and the community.
(D) Individual and group counseling techniques.
(E) Principles and methods to help pupils learn effective ways to plan and give direction to their own learning.
(F) The effect of the Pupil Personnel Services Credential holder's values and biases upon the manner in which he/she provides services to pupils who come from differing socio-economic, racial, social backgrounds.
(G) Culturally appropriate communication styles and counseling techniques.
(2) KNOWLEDGE OF HUMAN ASSESSMENT, to include:
Assessment methods and theories related to emotional, intellectual and physical characteristics of typical and atypical pupils including limited English-proficient pupils, as these factors affect learning performance.
(3) KNOWLEDGE OF PROBLEM PREVENTION AND EARLY INTERVENTION, to include:
(A) Methods for early identification of pupils at risk of failing in school.
(B) Methods of working with school staff and parents, including planned prevention programs, to prevent school failure of pupils with special physical, social, intellectual and emotional problems and needs and to increase pupil success in school.
(C) Methods for effective conflict resolution.
(4) KNOWLEDGE OF CONSULTATION SERVICES, to include:
(A) Individual and team consultation processes.
(B) Pupil-advocacy processes.
(C) Principles and practices of effective classroom management.
(D) Principles and procedures of effective school discipline.
(E) Methods of initiating consultative relationships with and between teachers, other staff, and parents.
(5) KNOWLEDGE OF PSYCHOLOGICAL EDUCATION, to include:
(A) Theories of learning and teaching.
(B) Strategies to infuse into the classroom concepts and principles of human relations as contained in state-adopted frameworks.
(6) KNOWLEDGE OF COORDINATION AND DEVELOPMENT OF SERVICES, to include:
(A) How school professions work together.
(B) Methods to increase services to pupils and other school personnel.
(C) Use of paraprofessionals and volunteers.
(D) Principles of supervision and program planning.
(E) Personal and programmatic factors affecting school climate.
(F) Methods on how to bring about change within the school.
(G) Methods to develop and maintain staff morale.
(7) KNOWLEDGE OF LEGAL ENABLEMENTS AND CONSTRAINTS, to include:
(A) Relevant laws pertaining to pupils in a school setting.
(B) Appropriate compliance procedures relating to pupil personnel services.
(C) Methods to keep informed regarding changing laws, regulations and procedures related to California public education.
(8) KNOWLEDGE OF REFERRAL AND UTILIZATION OF SERVICES, to include:
Community services and referral processes.
NOTE
Authority cited: Sections 44225(b)(4) and 44225(q), Education Code. Reference: Sections 44227 and 44266, Education Code.
HISTORY
1. New section filed 3-31-89; operative 4-30-89 (Register 89, No. 14).
§80632.2. Program for the Pupil Personnel Services Credential with the Advanced Specialization in School Counseling.
Note • History
(a) In addition to the knowledge requirements contained in Section 80632.1, the following specialized skills and knowledge shall be required of all persons seeking a Pupil Personnel Services Credential with the Advanced Specialization in School Counseling.
(1) ACADEMIC ASSESSMENT
(A) Knowledge of:
1. Group testing, state-mandated and other assessment programs and techniques as they apply to academic, career, personal/social counseling.
2. The effect of cultural and ethnic factors upon academic assessment and achievement.
3. The significance of the cultural/ethnic composition of the school and the community upon academic assessment and achievement.
(B) Skills, to include:
1. Selecting appropriate unbiased academic and other assessment instruments.
2. Administering a variety of academic and other assessment instruments.
3. Translating group academic and other test scores to a common reference system.
4. Interpreting to pupils, teachers, administrators, parents and others the results of these assessment instruments.
(2) COUNSELING SERVICES TO INDIVIDUALS
(A) Knowledge of:
1. Model high school graduation requirements;
2. Employment categories, school curricular and extracurricular opportunities that do not require post-high school education;
3. Post-high school education and training opportunities;
4. Programs of financial assistance;
5. Admission requirements of colleges and universities, vocational schools, and other post-secondary preparation agencies;
6. The world of work and the cultural value systems that pertain to the world of work;
7. Educational and career choice theories and techniques.
(B) Skills, to include:
1. Identifying and providing information and sources of information which would include educational and career choices.
2. Effective techniques for providing educational counseling to pupils and parents about academic and career decisions, including the selection of appropriate courses.
(3) PROGRAM COORDINATION AND SUPERVISION
(A) Knowledge of:
1. Counseling programs at the elementary, middle and high school levels, including the role of counselors as related to teachers, parents, administrators and other personnel.
2. School counseling budgeting procedures and sources of funds.
3. Supervision techniques appropriate for counseling programs.
4. Methods of evaluating school counseling programs.
(B) Skills, to include:
1. Planning, implementing and evaluating school counseling programs appropriate to the individual school site or district.
2. Planning a counseling program budget.
3. Supervising teacher-advisors, intern counselors, peer counselors, volunteer counselors or counseling paraprofessionals.
4. Conducting research to evaluate school counseling programs.
(4) CONSULTATION SERVICES TO THE SCHOOL
(A) Knowledge of:
1. Appropriate consultation models in working with teachers, administrators and parents regarding guidance and counseling practices and programs.
2. In-service practices and programs related to advising techniques.
3. Community resources.
(B) Skills, to include:
1. Providing consultation and in-service to teachers, administrators and parents regarding guidance and counseling practices and programs.
2. Involving the community in the counseling program.
3. Surveying community placement opportunities and the need for curriculum development in the schools as it relates to these needed knowledges and skills.
(5) LEGAL ASPECTS
(A) Knowledge of:
1. State requirements for scholastic progress and high school graduation;
2. California Education Code provisions and federal laws affecting school counseling programs.
(B) Skills, to include:
1. Procedures for implementing relevant laws and regulations.
(6) PROFESSIONAL ETHICS
(A) Knowledge of:
1. Official statements of the code of ethics related to professional counseling, including the American Association for Counseling and Development.
(B) Skills, to include:
1. Applying the codes of ethics to a specific counseling situation.
2. Applying professional standards when using assessment instruments.
(b) Field practice shall be required of all candidates.
(1) Field practice shall be in the knowledges and skills provided in subdivisions (a)(1) through (6) of this section.
(2) Field practice shall be at least four-hundred fifty (450) clock hours in duration, of which a minimum of three-hundred (300) clock hours shall be in a school setting, in direct contact with pupils assigned to the credential candidate by the college/university instructor and field supervisor.
(3) Field practice by credential candidates shall be under the supervision of an experienced practitioner (who holds a Pupil Personnel Services credential) approved jointly by the college/university and the school district administration.
(4) The field practice assignment shall be provided in at least two of three settings (elementary school, middle school and/or high school) and shall include a minimum of 100 clock hours at each setting.
(5) At least one-hundred (100) clock hours of field practice shall be with at least ten pupils (individually and/or in a group) of racial/ethnic background different from that of the credential candidate.
NOTE
Authority cited: Sections 44225(b)(4) and 44225(q), Education Code. Reference: Sections 44227 and 44266, Education Code.
HISTORY
1. New section filed 3-31-89; operative 4-30-89 (Register 89, No. 14).
§80632.3. Program for the Pupil Personnel Services Credential with the Advanced Specialization in School Social Work.
Note • History
(a) In addition to the knowledge requirements contained in Section 80632.1, the following specialized skills and knowledge shall be required for all persons seeking a Pupil Personnel Services Credential with the Advanced Specialization in School Social Work.
(1) HUMAN ASSESSMENT AS DIRECT SERVICE TO PUPILS, to include:
(A) Knowledge, including:
1. The effects of social environments and socially handicapping conditions on the lives of pupils and on the educational process.
2. Individual development and family life as affected by poverty, culture or language, neglect or abuse, school-age parenthood, family breakdown, alienation and/or delinquency.
(B) Skills, including:
1. Securing participation of pupils, family, community groups, social service agencies and school personnel in the definition and comprehensive assessment of problems.
2. Conducting case, group and community analyses.
3. Evaluating socially-handicapping conditions in relation to pupil development and education programs.
4. Making recommendations to appropriate school authorities based on formulations derived from pupil, family, school and community environments.
(2) SOCIAL INTERVENTIONS, to include:
(A) Knowledge of social work methods and procedures appropriate to elementary and high school sites.
(B) Skills, including:
1. Utilizing appropriate social work methods for comprehensive assessment, planning and service-delivery.
2. Interpreting pupil's development, educational status and potential to enhance parental understanding and cooperation.
3. Assisting pupil and family to utilize available school resources and community-based services.
(3) CONSULTATION, COORDINATION AND DEVELOPMENT OF SERVICES, to include:
(A) Knowledge, including:
1. Social systems, organization theory and behavior, especially with reference to socially and economically disadvantaged groups.
2. The California Education Code and California Welfare and Institutions Code Sections pertaining to pupil welfare and attendance and to education rights and obligations.
(B) Skills, including:
1. Utilizing groups methods to assist school staffs in self-study, self-evaluation and goal attainment.
2. Communicating clearly and effectively with pupils, families, community groups, agency and court representatives, particularly to ameliorate concerns of truancy, violence, gang and racial tensions.
3. Developing, administering and evaluating curriculum components and programs designed to meet the needs of pupils from special student populations or with special problems, particularly those from socially and economically disadvantaged groups.
4. Securing the participation of parents as partners in education, particularly in attendance improvement, prekindergarten, school-aged parent and children's center programs.
5. Assisting in the resolution of differences between the school, family and the community with respect to the school's program.
(4) REFERRAL AND UTILIZATION, INVOLVEMENT AND USE OF COMMUNITY RESOURCES, to include:
(A) Knowledge or programs relating to income-maintenance, employment security, housing, health and mental health care, family planning, juvenile justice, family and child welfare and the developmentally disabled.
(B) Skills, including:
1. Establishing linkages between the school and relevant community service agencies.
2. Facilitating inter-agency arrangements and contracts for service.
3. Developing community resources to meet the needs of children and families with special problems.
(5) SOCIAL RESEARCH AND SERVICES BASED ON RESEARCH, to include:
(A) Knowledge of social research relevant to the needs of disadvantaged or at-risk pupils.
(B) Skills, including:
1. Developing, selecting and applying research that is free of race, class or sex bias, both in design and methodology.
2. Designing and conducting studies and writing research proposals for needs assessment, program development and program evaluation.
(6) CODE OF PROFESSIONAL ETHICS, to include:
(A) Knowledge, including:
1. The Code of Ethics of the National Association of Social Workers (NASW) and of the NASW Standards for Social Work Practice in the schools.
2. The joint policy statement of NASW and the National Education Association and other related professional organizations.
(B) Skills, including:
Applying the NASW Code of Ethics to school-site situations.
(7) SUPERVISION, to include:
(A) Knowledge, including:
1. Principles of supervision and consultation.
2. Consultative, teaching and supervision techniques.
(B) Skills, including:
1. Supervising field practice students, student-peers, parents and other volunteers.
2. Providing education, in-service training and consultation with special reference to individual pupils, families, social environments and the needs of socially disadvantaged groups.
(b) Field practice shall be required of all candidates.
(1) Field practice shall be in the knowledge and skills provided in subdivisions (a) (1) through (7) of this section.
(2) Field practice shall be at least four-hundred fifty (450) clock hours in duration, of which a minimum of three hundred (300) clock hours shall be in a school setting in direct contact with pupils assigned to the credential candidate by the college/university instructor and field supervisor.
(3) Field practice by credential candidates shall be under the supervision of an experienced practitioner (who holds a Pupil Personnel Services credential) approved jointly by the college/university and the school district administration.
(4) The field practice assignment shall be provided in at least two of three settings (elementary school, middle school and/or high school) and shall include a minimum of 100 clock hours at each setting.
(5) At least one-hundred (100) clock hours of field practice shall be with at least ten pupils (individually and/or in a group) of a racial/ethnic background different from that of the credential candidate.
NOTE
Authority cited: Sections 44225 (b) (4) and 44225 (q), Education Code. Reference: Sections 44227 and 44266, Education Code.
HISTORY
1. New section filed 3-31-89; operative 4-30-89 (Register 89, No. 14).
§80632.4. Program for the Pupil Personnel Services Credential with the Advanced Specialization in School Psychology.
Note • History
(a) In addition to the knowledge requirements contained in Section 80632.1, the following specialized skills and knowledge shall be required by all persons seeking a Pupil Personnel Services Credential with the Advanced Specialization in School Psychology.
(1) FACILITATING INDIVIDUAL DEVELOPMENT, to include:
(A) Knowledge, including:
Advanced knowledge of human learning, human exceptionalities, cognitive, affective and biological bases of behavior, and development psychology, including those areas germane to pupils with special as well as regular educational needs.
(B) Skills, including:
Defining and clarifying children's school problems using psychological theories in working with parents and school personnel.
(2) INDIVIDUAL HUMAN ASSESSMENT, to include:
(A) Knowledge, including:
1. Psychometric knowledge underlying the selection, administration and interpretation of educational and psychological assessment procedures.
2. Influence of culture, ethnicity, sex and language proficiency on children's test performance.
3. Advanced assessment strategies and knowledge of individual differences necessary to evaluate a pupil's: 1) functional ability level, 2) school adjustment, 3) achievement, 4) language, 5) perceptual-motor development, 6) adaptive behavior, 7) social development, and 8) emotional development.
(B) Skills, including:
1. Selecting, administering, scoring, interpreting, integrating with other data and reports the results of psychological and educational tests and measures to parents, professionals and others with a legitimate interest in the child.
2. Conducting interviews, observations and behavioral assessments with preschool and school-aged children and adults.
3. Performing assessment studies for possible placement of pupils in special education programs.
4. Performing differential diagnosis of handicapping conditions, including but not limited to, learning disabilities, mental retardations, giftedness and severe emotional disturbance.
5. Performing assessment procedures in conjunction with an interpreter when working with limited-English speaking pupils.
(3) INDIVIDUAL INTERVENTION, to include:
(A) Knowledge, including:
1. Individual development, cognitive and behavioral change from the perspective of psychological theory.
2. The education of regular pupils and techniques of promoting individual development in the classroom.
3. Methods and theories for the modification of individual programs and educational environments.
4. Education of exceptional learners including instructional and remedial techniques.
(B) Skills, including:
1. Recommending pupil placements and individual educational plans based on individual pupil educational considerations, as well as classroom management needs, including pupils with special as well as regular educational needs.
2. Applying psychological methods to increase pupil school performance (methods such as life space interviewing, client-centered consultation, home school contracting, behavior management, self-instruction, reinforcement management strategies).
3. Supporting within the school nonschool community-based therapeutic and remedial efforts.
4. Responding to children's needs through psychological counseling and by creating new educational plans.
(4) EVALUATION, to include:
(A) Knowledge, including:
1. Advanced and specialized procedures used to evaluate pupil progress in educational programs and continued eligibility in educational programs.
2. Statistical methods used to evaluate cognitive and behavioral change over time.
(B) Skills, including:
Evaluating the effectiveness of earlier decisions by school authorities and parents regarding elements of the pupil's educational programs.
(5) CONSULTATION, to include:
(A) Knowledge, including:
1. School psychologists' role in the staff development of teachers and others including the parents of children with special as well as regular educational needs.
2. Theories of institutional and organizational change from a psychological perspective.
3. Consultation with school personnel on a variety of psychological principles relating to classroom climate, instructional programs, individual needs of particular children and youth, particularly with references to pupils' special needs.
(B) Skills, including:
1. Using a variety of consultation techniques with school personnel, as well as evaluate the effects of consultative interactions.
2. Planning, conducting and evaluating inservice training programs for school personnel, including programs for teachers of pupils with special as well as regular educational needs.
3. Functioning as a professional school psychologist on an interdisciplinary team involved in evaluation/assessment/diagnostic service delivery.
4. Planning group educational experiences for pupils aimed at improving social and emotional development and functioning.
5. Planning, conducting and evaluating parent education programs, especially programs in child-rearing and discipline.
(6) GROUP ASSESSMENT, to include:
(A) Knowledge, including:
1. Screening and preassessment procedures.
2. Advanced and specialized knowledge of group tests and measures.
3. Procedures to evaluate the social system's needs.
(B) Skills, including:
1. Developing, carrying out screening and identification programs for children and young adults for special education programs.
2. Developing, conducting and coordinating districtwide or schoolwide group assessment programs.
(7) PROGRAM EVALUATION, to include:
(A) Knowledge, including:
Advanced and specialized program evaluation theories and techniques.
(B) Skills, including:
1. Applying designs and methods to evaluate educational programs designed to meet pupil's special as well as regular educational needs.
2. Applying designs and methods to evaluate educational programs designed to meet the needs of pupils or educators.
(8) LEGAL ASPECTS, to include:
(A) Knowledge, including:
1. California Education Code provisions and federal legislation, related to special education funding and program requirements.
2. Advanced and specific knowledge of case law, related to programs of regular and special education and parents' and childrens' rights.
(B) Skills, including:
Evaluating school district procedures to assure compliance with State Education Code, federal regulations and case law related to regular and special education programs.
(9) COMMUNITY RESOURCES, to include:
(A) Knowledge, including:
1. Community agencies and resources available to help children, particularly those children with exceptional needs.
2. Making referrals for assistance to non-school personnel.
(B) Skills, including:
1. Acting as liaison to community agencies providing services to pupils, particularly pupils with exceptional needs.
2. Identifying within the schools those pupils who need referral to medical, psychiatric or other health care providers and making such referrals.
(10) RESEARCH, to include:
(A) Knowledge, including:
Research method and designs, particularly those used to study pupils with special as well as regular educational needs and to discover ways to prevent failure in school.
(B) Skills, including:
(i) Collecting, organizing and providing information to school personnel and parents from psychological research findings.
(ii) Conceptualizing, designing, implementing and sharing the results of school related research.
(11) PROFESSIONAL ETHICS, to include:
(A) Knowledge, including:
(i) Official statements of the Code of Ethics of the American Psychological Association, the National Association of School Psychologists and the California Association of School Psychologists.
(ii) The principles of professional organizations for delivery of school psychological services.
(B) Skills, including:
(i) Applying ethical principles in the practice of school psychology.
(ii) Interpreting and applying professional standards of psychological service delivery.
(iii) Performing self-assessment to identify personal needs for continuing education in school psychology.
(12) SUPERVISION, to include:
(A) Knowledge, including:
(i) Principles of supervision.
(ii) Appropriate patterns of supervision, supervisor-staff relations, scheduling patterns, and the models for supervisory relationships in a service delivery system.
(B) Skills, including:
Supervising psychological examiners, paraprofessionals and others providing school psychological services who are not fully credentialed school psychologists.
(b) Field practice shall be required of all candidates.
(1) Field practice shall be in the knowledges and skills provided in subdivisions (a)(1) through (12) of this section.
(2) Field practice shall be at least five-hundred forty (540) clock hours in duration, of which a minimum of three-hundred eighty (380) clock hours shall be in a school setting, in direct contact with pupils assigned to the credential candidate by the college/university instructor and field supervisor.
(3) Field practice by credential candidates shall be under the supervision of an experienced practitioner (who holds a Pupil Personnel Services credential) approved jointly by the college/university and the school district administration.
(4) The field practice assignment shall be provided in at least two of three settings (elementary school, middle school and/or high school) and shall include a minimum of 100 clock hours at each setting.
(5) At least one-hundred (100) clock hours of field practice shall be with at least ten pupils (individually and/or in a group) of a racial/ethnic background different from that of the credential candidate.
NOTE
Authority cited: Sections 44225(b)(4) and 44225(q), Education Code. Reference: Sections 44227 and 44266, Education Code.
HISTORY
1. New section filed 3-31-89; operative 4-30-89 (Register 89, No. 14).
2. Editorial correction restoring inadvertently omitted subsections (a)(10)(B) through (b)(5), Note and History 1 (Register 2003, No. 23).
§80632.5. Program for the Pupil Personnel Services Credential with the Advanced Specialization in School Child Welfare and Attendance Services.
Note • History
(a) In addition to the requirements contained in Section 80632.1 and one of the specializations contained in Section 80632.2, 80632.3, or 80632.4, the following specialized knowledge and skills shall be required for persons seeking the additional Specialization in School Child Welfare and Attendance.
(1) ATTENDANCE LAWS AND THE RIGHTS OF MINORS, to include:
(A) Knowledge, including:
1. State Code requirements governing school attendance.
2. Child labor laws, both federal and state.
3. State Code provisions pertaining to juvenile delinquency.
4. State Code provisions for tutoring and private school attendance in lieu of regular school attendance.
(B) skills, including:
1. Conducting assessment of student attendance.
2. Interpreting attendance laws to students.
3. Intervening at appropriate times for solving attendance problems of students.
(b) Field practice shall be required of all candidates and shall be in addition to the field practice required in Sections 80632.2(b), 80632.3(b) or 80632.4(b)
(1) Field practice shall be in the knowledges and skills provided in subdivision (a)(1) of this section.
(2) Field practice shall be at least ninety (90) clock hours in duration, in a school setting, in direct contact with pupils assigned to the credential candidate by the college/university instructor and field supervisor.
(3) Field practice by credential candidates shall be under the supervision of an experienced practitioner (who holds a Pupil Personnel Services credential) approved jointly by the college/university and the school district administration.
(c) Credit may be granted by the college/university toward the required ninety (90) hours provided in subdivision (b) of this section for equivalent field practice completed previously by the candidate as part of an approved Pupil Personnel Services program at the same or another institution of higher education.
NOTE
Authority cited: Sections 44225(b)(4) and 44225(q), Education Code. Reference: Sections 44227 and 44266, Education Code.
HISTORY
1. New section filed 3-31-89; operative 4-30-89 (Register 89, No. 14).
§80640. Approval of Programs of Preparation for the Authorization to Teach the Seriously Emotionally Disturbed.
Note • History
(a) Programs of direct instruction shall be designed for candidates to develop specific skills and knowledge in each of the following competency areas:
(1) Causes, characteristics, and definitions of seriously emotionally disturbed pupils.
(A) Historical development.
(B) Characteristics relative to problems of environmental conflict, personal disturbance, and learning disorders.
(C) Etiological and dynamic theories.
(D) Diagnostic, educational and medical models.
(E) Developmental/emotional/educational ramifications of children born addicted to drugs.
(2)Assessment and curriculum design in academic and social domains.
(A) Academic skills.
(B) Affective development.
(C) Social skills.
(D) Self management and study skills.
(E) Vocational skills.
(F) Behavior and impulse control.
(3) Repertoire of varied instructional strategies.
(A) Teacher directed/mediated.
(B) Student-initiated.
(C) Peer-supported.
(D) Vocational/community-supported.
(E) Group and individual.
(4) Classroom and advanced behavior management.
(A) Classroom organization.
(B) Ecological intervention.
(C) Contingency management.
(D) Crisis intervention.
(E) Ethical considerations.
(F) Selection of least intrusive interventions.
(G) Behavioral data collection, interpretation and use.
(H) Individual and group techniques.
(1) Re-integration/mainstreaming approaches.
(5) Consultation and coordination.
(A) Community resources, including mental health agencies, child protective services, regional centers and probation departments.
(B) Parent/professional collaboration.
(C) Other professionals, including resource specialists and regular classroom professionals.
(b) Field work shall consist of:
(1) Application of the knowledges and skills gained in subdivisions (a) (1) through (5) of this section.
(2) Assessment in a public school setting, or private school of equivalent status.
(3) Completion of a minimum of 100 clock hours of direct contact with pupils.
(4) Supervision of the student by at least one person who is appropriately certificated for the area of service.
NOTE
Authority cited: Sections 44225(b), 44227 and 44256(c), Education Code. Reference: Section 44265, Education Code.
HISTORY
1. New section filed 11-13-89; operative 12-13-89 (Register 89, No. 46).
§80641. Approval of Programs of Preparation for the Authorization to Teach Other Health Impaired (Autistic).
Note • History
(a) Programs of direct instruction shall be designed for candidates to develop specific skills and knowledge in each of the following competency areas:
(1) Causes, characteristics, and definitions of autism.
(A) Historical perspectives.
(B) Organic vs. psychogenic vs. interactive causation.
(C) Definitions and differential diagnosis.
(D) Behavior and learning characteristics in relation to developmental level and age.
(E) Developmental profiles: strengths and weaknesses.
(2) Assessment and curriculum design in academic and social domains.
(A) Communication, including verbal as well as nonverbal communication, and augmentation.
(B) Social and cognitive development.
(C) Peer interaction and play.
(D) Community, vocational and transition referenced skills.
(E) Academic skills.
(F) Behavior and impulse control.
(G) Leisure skills.
(3) Repertoire of varied instructional strategies.
(A) Teacher directed/mediated.
(B) Student-initiated.
(C) Peer-supported.
(D) Group and individual.
(4) Classroom and advanced behavior management.
(A) Classroom organization.
(B) Ecological intervention.
(C) Contingency management.
(D) Developmental and communicative basis of behavior problems.
(E) Ethical consideration.
(F) Selection of least intrusive interventions.
(5) Consultation and coordination.
(A) Community resources, including mental health agencies, regional centers, child protective services, and probation departments.
(B) Parent/professional collaboration.
(C) Other professionals.
(b) Field work shall consist of:
(1) Application of the knowledges and skills gained in subdivisions (a) (1) through (5) of this section.
(2) Assessment in a public school setting, or private school of equivalent status.
(3) Completion of a minimum of 100 clock hours of direct contact with pupils.
(4) Supervision of the student by at least one person who is appropriately certificated for the area of service.
NOTE
Authority cited: Sections 44225(b), 44227 and 44256(c), Education Code. Reference: Section 44265, Education Code.
HISTORY
1. New section filed 11-13-89; operative 12-13-89 (Register 89, No. 46).
Article 3. Other Program Approval Procedures
Subarticle 1. Faculty Participation in the Public Schools
Note • History
As used in this subarticle, the following terms shall have the meanings set forth below:
(a) “Professional preparation program” refers to all programs of an accredited higher education institution which lead to a multiple subject, single subject, specialist, or administrative services credential.
(b) “Direct instructional interaction” means instruction of an elementary or secondary school class, group, or individual, carried out alone or in a team arrangement with the regular classroom teacher.
(c) “Course in teaching methods” means any course offered in an approved program at a higher education institution which focuses upon applied classroom instructional strategies and techniques for effective instruction of elementary and secondary pupils.
(d) “Course in administrative methods” means any course offered in a Commission-approved program at a higher education institution which focuses upon applied strategies and techniques for effective administration of the public schools.
(e) “Evaluation process” is the Commission's process by which teacher education programs accredited higher education institutions are approved, placed on probation, or terminated as a result of being visited by a team of external evaluators. This team is composed of educators, including classroom teachers, and lay persons.
(f) “Probationary status” means the status assigned to an approved program of professional preparation which has been determined to be out-of-compliance with one or more Commission requirements on the basis of findings by a program evaluation process, but which is allowed to continue operation and recommend candidates for credentials. The term “Probationary Approval” does not apply to subject matter programs. The implementing institution of higher education/local education agency has no more than one year to correct the identified deficiencies and to regain “Standard Approval” or be subject to “Terminated Approval.”
(g) “Reports” are written reports requested by the Commission which document data about the faculty participation programs deemed to be worth collecting and sharing with institutions of higher education and others interested in teacher education.
(h) “Commission” means the Commission on Teacher Credentialing, referenced in section 44210 of the Education Code.
NOTE
Authority cited: Sections 44225(b) and 44228, Education Code. Reference: Sections 44227.5 and 44203(d), Education Code.
HISTORY
1. New article 3 (sections 80674.1-80674.7) filed 10-2-85; effective upon filing pursuant to Government Code section 11346.2(d) (Register 85, No. 40).
2. Organizational headings of CCR were renamed as a result of CCR Reformat Project as follows: “Part” was renamed to “Division.”
3. Amendment filed 3-29-90; operative 4-28-90 (Register 90, No. 16).
4. Amendment of subsection (d) filed 4-6-92; operative 5-6-92 (Register 92, No. 14).
5. Amendment of first paragraph filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
§80674.2. Time Periods and Requirements for Faculty Members Required to Participate in the Public Schools.
Note • History
(a) For purposes of implementation of these rules the initial three-year period to determine required participation pursuant to this section and section 80674.3 shall commence on October 2, 1985 for educational methods faculty and October 1, 1987 for education administration methods faculty.
(b) Each faculty member who has taught at least one course in teaching methods and/or administrative methods in professional preparation programs during the preceding three-year period shall actively participate in the public schools in activities provided in Section 80674.3 of these rules.
(c) Each faculty member affected by these provisions shall participate for a minimum of thirty (30) clock hours each three-year period.
(d) Each successive three-year period of required participation for an individual faculty member affected by these rules shall not be required to commence before thirty-six (36) months has elapsed from the initial date of the preceding three-year period of participation.
Note: According to Education Code §44227.5 (d) the Commission shall exempt from this requirement faculty members whose primary assignments are in departments or schools other than education.
NOTE
Authority cited: Section 44225(b), Education Code. Reference: Section 44227.5, Education Code.
HISTORY
1. Editorial correction filed 11-19-85; effective upon filing pursuant to Government Code section 11346.2(d) (Register 85, No. 47).
2. Organizational headings of CCR were renamed as a result of CCR Reformat Project as follows: “Part” was renamed to “Division.”
3. Amendment filed 3-29-90; operative 4-28-90 (Register 90, No. 16).
4. Amendment of subsections (a) and (b) and adoption of NOTE filed 4-6-92; operative 5-6-92 (Register 92, No. 14).
§80674.3. Active Faculty Participation in the Public Schools.
Note • History
Active participation shall be involvement in a public elementary or secondary school and/or district office in a competency area related to the faculty member's assignment in the professional preparation program.
Acceptable activities for meeting the requirement for active participation by faculty members affected by this statute are those activities which enhance the professional development of the faculty through direct involvement in public schools and classrooms and/or the administrative functions of the public schools. Such involvement shall consist of either (a) or (b):
(a) For faculty members whose assignment is to teach one or more courses in teaching methods such involvement shall include:
(1) Direct instructional interaction with students in a classroom setting during the regular school day for a minimum of one-half the time assigned for each faculty member to participate in the public schools.
(2) The other half of the assigned time may also include the following activities conducted within the context of the classroom for a maximum of one-half the time assigned for each faculty member to participate in the public schools:
(A) Inservice education/staff development for school personnel and faculty.
(B) Curriculum development.
(C) Research grants and/or pilot projects related to the schools.
(D) Educational service to school districts and/or county offices.
(E) Clinical supervision of student teachers and/or inservice of classroom teachers.
(b) For faculty members whose assignment is to teach one or more courses relating to administrative methods, such involvement shall include participation in the administrative and instructional functions of the public schools and may include:
(1) Direct interaction with students, teachers and administrators during the regular school day.
(A) Administrative service to school districts and/or county offices.
(B) Other educational service to school districts and/or county offices.
(C) Direct instructional interaction with students in a classroom setting during the regular school day.
(D) Inservice education/staff development for school personnel and faculty.
(E) Research grants and/or pilot projects related to the schools.
(F) Curriculum development.
(2) Supervision of administrative fieldwork or internships may count for a maximum of one-half the time assigned for each faculty member to participate in the public schools.
NOTE
Authority cited: Section 44225(b), Education Code. Reference: Section 44227.5, Education Code.
HISTORY
1. Organizational headings of CCR were renamed as a result of CCR Reformat Project as follows: “Part” was renamed to “Division.”
2. Amendment filed 3-29-90; operative 4-28-90 (Register 90, No. 16).
3. Amendment of subsection (b) and adoption of subsections (b)(1)-(2) filed 4-6-92; operative 5-6-92 (Register 92, No. 14).
§80674.4. Faculty Implementation Plan.
Note • History
Individual higher education faculty members who are affected by this regulation shall complete a plan for their participation in the public schools, pursuant to section 80674.3, to be approved and retained by the college or university administrator responsible for teacher and administrator education for the purposes of review prior to participating in a school-based activity which shall include, but not be limited to, the following:
(a) A signed general agreement between the institution and the school district to participate in the process provided in section 80674.3.
(b) A specific proposal describing the activity/activities developed by the faculty member, in conjunction with the appropriate school district administrators and classroom teachers when applicable, and signed by all parties to the agreement.
NOTE
Authority cited: Section 44225(b), Education Code. Reference: Section 44227.5, Education Code.
HISTORY
1. Organizational headings of CCR were renamed as a result of CCR Reformat Project as follows: “Part” was renamed to “Division.”
2. Repealer of former section 80674.4, and renumbering and amendment of former section 80674.5 to section 80674.4 filed 3-29-90; operative 4-28-90 (Register 90, No. 16). For prior history, see Register 89, No. 46.
§80674.5. Reporting of Exemplary Practices.
Note • History
School districts and/or institutions of higher education shall, upon request, provide the Commission periodically with summaries and reactions regarding the successes and benefits of the participation activities and implementation modes.
NOTE
Authority cited: Section 44225(b), Education Code. Reference: Section 44227.5, Education Code.
HISTORY
1. Organizational headings of CCR were renamed as a result of CCR Reformat Project as follows: “Part” was renamed to “Division.”
2. Renumbering and amendment of former section 80674.5 to 80674.4, and renumbering of former section 80674.6 to section 80674.5 filed 3-29-90; operative 4-28-90 (Register 90, No. 16). For prior history, see Register 89, No. 46.
§80674.6. Verification Procedure.
Note • History
(a) A verification procedure shall be established by the responsible college or university administrator in which the completed participation activities of each participating faculty member are reported to the responsible college/university administrator. The college or university administrator in collaboration with the responsible administrator in each participating school district shall verify whether or not the participation activity has been completed by each affected faculty member.
(b) All documentation of faculty participation activities shall be reviewed for compliance during the evaluation process and shall be subject to random monitoring by the Commission. Failure by the responsible college or university administrator to provide verification that all affected faculty members have satisfied the provisions of sections 80674.2 and 80674.3 may result in the assignment of probationary status for each professional preparation program whose assigned faculty member or members have not fulfilled these requirements.
(c) Institutions of higher education shall provide reports on implementation of these provisions to the Commission upon request.
NOTE
Authority cited: Section 44225(b), Education Code. Reference: Section 44227.5, Education Code.
HISTORY
1. Organizational headings of CCR were renamed as a result of CCR Reformat Project as follows: “Part” was renamed to “Division.”
2. Renumbering of former section 80674.6 to section 80674.5, and renumbering and amendment of former section 80674.7 to section 80674.6 filed 3-29-90; operative 4-28-90 (Register 90, No. 16). For prior history, see Register 89, No. 46.
§80674.7. Verification Procedure.
History
HISTORY
1. Renumbering and amendment of former section 80674.7 to section 80674.6 filed 3-29-90; operative 4-28-90 (Register 90, No. 16). For prior history, see Register 89, No. 46.
Subarticle 2. Guidelines for Staff Development Programs for Teachers of English Learners
§80680. Guideline Category 1: Guidelines for the Content of Staff Development Programs.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New subarticle 2 and section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80681. Guideline Subcategory 1-A: General Content Guidelines for All Programs.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80681.1. Guideline 1: Understanding Background Characteristics of English Learners.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80681.2. Guideline 2: Educational Equity and Positive Intercultural Relations.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80681.3. Guideline 3. Definition and Role of ELD and SDAIE in the Education of English Learners.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80681.4. Guideline 4. Theories of First and Second Language Acquisition.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80682. Guideline Subcategory 1-B: Additional Content Guidelines for Staff Development in Specially Designed Academic Instruction Delivered in English (SDAIE).
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80682.1. Guideline 5: Research and Theory for SDAIE.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80682.2. Guideline 6: Matching Content Instruction to Language Abilities.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80682.3. Guideline 7: Using Language and Literacy for Learning Content.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80682.4. Guideline 8: Assessment of Content Learning.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80683. Guideline Subcategory 1-C: Additional Content Guidelines for Staff Development in English Language Development.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80683.1. Guideline 9: Sociolinguistic Concepts and Terminology for Understanding English Language Development.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80683.2. Guideline 10: Methods for Second Language Teaching.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80683.3. Guideline 11: Literacy for English Language Development.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80683.4. Guideline 12: Assessment of English Language Development.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80685. Guideline Category 2: Guidelines for the Quality of Staff Development Programs.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80686. Guideline Subcategory 2-A: Guidelines for the Qualifications of Staff Developers and Trainers of Staff Developers.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80686.1. Guideline 13: Professional Qualifications of Staff Developers.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80686.2. Guideline 14: Professional Qualifications of Trainers of Staff Developers.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80687. Guideline Subcategory 2-B: Planning and Evaluation of Staff Development Programs.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80687.1. Guideline 15: Planning and Organization of Staff Development Programs.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80687.2. Guideline 16: Instructional Focus of Staff Development Programs.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80687.3. Guideline 17: Matching Instructional Content with Participants' Prior Knowledge and Experience with English Learners.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80687.4. Guideline 18: Active Modeling of Instructional Methods.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80687.5. Guideline 19: Assessment of Staff Development Programs.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80688. Guideline Subcategory 2-C: Assessment of Staff Development Program Participants.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80688.1. Guideline 20: Ongoing, Informal Evaluation of Each Participant's Learning.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80688.2. Guideline 21: Assessment of Participants at the Conclusion of the Program.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80688.3. Guideline 22: Assessment Requirements to Meet Federal Guidelines.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80689. Guideline Subcategory 2-D: Administration of Staff Development Programs.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80689.1. Guideline 22: Allocation of Resources for Staff Development Programs.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80689.2. Guideline 23: Eligibility of Teachers to Participate in Combined SDAIE and ELD Staff Development in 45 Hours.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80689.3. Guideline 24: Program Length, Participation and Record Keeping.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80689.4. Guideline 25: Award of Certificates of Completion.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80690. Guideline Subcategory 2-E: Eligibility of Organizations to Offer Staff Development Programs.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
§80690.1. Guideline 26: Eligibility of Educational and Professional Organizations to Offer Staff Development Programs.
Note • History
NOTE
Authority cited: Sections 44225(a), 44253.9 and 44253.10, Education Code. Reference: Sections 44253.2 and 44253.10, Education Code.
HISTORY
1. New section filed 5-10-95 as an emergency; operative 5-10-95 (Register 95, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g); effective 9-8-95 (Register 95, No. 47).
3. Editorial correction of History 1 (Register 95, No. 47).
4. New section filed 11-21-95; operative 12-21-95 (Register 95, No. 47).
5. Change without regulatory effect repealing section filed 7-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 31).
Division 9. Secretary for Education
Chapter 1. Education Technology Grant Program
§90000.
Note • History
This program shall be known as the Education Technology Grant Program.
NOTE
Authority cited: Section 52270, Education Code. Reference: Section 52270, Education Code.
HISTORY
1. New division 9 (chapter 1), chapter 1 (sections 90000-90009) and section filed 10-26-2000 as an emergency; operative 10-26-2000 (Register 2000, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-23-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-26-2000 order transmitted to OAL 2-22-2001 and filed 3-29-2001 (Register 2001, No. 13).
Note • History
For purposes of this program, pursuant to Chapter 8.6 of Part 27, commencing with Section 52270 of the Education Code, the following definitions shall apply:
(a) “Computers” as used in Education Code section 52270 means multimedia computers, with access to a CD-ROM internally or over a network, with the capacity to access Internet-based resources. Technical specifications for computers purchased through this act shall comply with those specified by the Secretary for Education in the document “ETGP Technical Specifications Rev. 11-6-00.” This document is incorporated by reference and can be found on the Secretary for Education's web site at www.ose.ca.gov/edtech/ or may be obtained by calling the Secretary's office at (916) 323-0611. These technical specifications are not designed to limit the flexibility of eligible schools to choose the appropriate technology for their needs, but to set an appropriate “floor” for minimum technical specifications so that equipment purchased under this program will continue to be useful for three to five years into the future.
(b) “Access to advanced placement courses online” as used in Education Code section 52270(c) means that all computers acquired through this program shall have a networked connection to the Internet and meet the minimum technical specifications set by the Secretary for Education in the document “ETGP Technical Specifications Rev. 11-6-00.” This document is incorporated by reference and can be found on the Secretary for Education's web site at www.ose.ca.gov/edtech/ or may be obtained by calling the Secretary's office at (916) 323-0611.
(c) “Education technology plan” as used in Education Code section 52270 means any of the following:
(1) a district or school technology plan that complies with the requirements of the federal E-rate program,
(2) an approved Digital High School Application for each school site receiving grant funding, or
(3) a Digital High School Application in progress,
(4) a technology plan in progress.
(d) Schools or school districts eligible for funding under this program, as expressed in Education Code Section 52270(g) means a comprehensive high school, a charter school, a continuation school, an alternative school that operates a computer lab or learning center, a community day school, or a county office of education, serving students in grades 9-12, and with a CDS high school ownership code. For the purposes of these regulations, “eligible school or district” does not include the California Youth Authority, ROC/ROP, state special schools, or distance learning schools.
NOTE
Authority cited: Section 52270, Education Code. Reference: Section 52270, Education Code.
HISTORY
1. New section filed 10-26-2000 as an emergency; operative 10-26-2000 (Register 2000, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-23-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-26-2000 order, including further amendment of subsections (a), (b) and (d), transmitted to OAL 2-22-2001 and filed 3-29-2001 (Register 2001, No. 13).
§90002. Report Regarding Projected Installed Base of Education Technology.
Note • History
(a) No later than 30 days after the enactment of these regulations, school districts with eligible schools and eligible charter schools that choose to participate shall submit an application with the following information to their California Technology Assistance Project (CTAP) region. This application shall be signed and final approval will be granted as follows:
(1) an application for funding, indicating the district or charter school's willingness to accept the assurances requested under section 90006 of these regulations, subject to final approval as described below:
(A) For direct-funded charter schools, the application shall be signed by the director of the charter school, and final approval for accepting the grant under the assurances required by this program shall be given by the director of the charter school.
(B) For locally-funded charter schools, the application shall be signed by the director of the charter school and the final approval for accepting the grant under the assurances required by this program shall be given by the director of the charter schools and the governing board for the charter school.
(C) For all other schools, the application shall be signed by the superintendent or fiscal agent of the school district, and the final approval for accepting the grant under the assurances required by this program shall be given by the governing board of the school district.
(2) an inventory of technology at each eligible school site, including the number of computers available for instructional use as of October 4, 2000, the number of multimedia computers available for instructional use, the number of classrooms as of October 4, 2000, the number of classrooms with Internet access, the number of computers the eligible school expects to acquire through grants from Year 2, Year 3 or Year 4 of the Digital High School program or other known public or private sources, and the enrollment of the school as reported in the October 2000 California Basic Educational Data System collection.
(b) No later than 45 days after the enactment of these regulations, CTAP, in consultation with and under the statutory direction of the California Department of Education (CDE), pursuant to Section 51871(a) of the Education Code, shall review the applications for accuracy, verify consistency with existing data, and prepare a report for the Secretary for Education regarding the ratio of students to computers in eligible schools serving students in grades 9-12. The report shall have each of the following elements:
(1) Delivered both on paper and electronically, in a format that is acceptable to the Secretary for Education.
(2) Include the information collected from eligible schools pursuant to Section 90002(a) of these regulations.
(3) Calculate the student-to-multimedia computer ratios for each eligible school, in addition to an actual count of hardware, based on the data eligible schools report to CTAP.
(4) Detail the best projections of CTAP and CDE regarding expected increases in the hardware available for instructional use in each eligible school due to planned hardware installations as a result of Year 2, Year 3 or Year 4 Digital High School grants, as well as other public or private sources which are known as of October 1, 2000. This projection shall be known as “expected increases in hardware.”
(5) A “projected ratio” of students-to-multimedia computers available for instructional use at eligible schools, derived by combining the “student-to-multimedia computer ratio” and the “expected increases to hardware”.
NOTE
Authority cited: Section 52270, Education Code. Reference: Section 52270, Education Code.
HISTORY
1. New section filed 10-26-2000 as an emergency; operative 10-26-2000 (Register 2000, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-23-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-26-2000 order transmitted to OAL 2-22-2001 and filed 3-29-2001 (Register 2001, No. 13).
§90003. CTAP Report Regarding Barriers to AP Online Content.
Note • History
No later than 45 days after the enactment of these regulations, CTAP, in consultation with and under the statutory direction of CDE pursuant to Section 51871(a) of the Education Code, shall provide the Secretary for Education with a report identifying high schools that provide three (3) or fewer Advanced Placement courses, and that need hardware, infrastructure or wiring to provide connectivity for on-line classes. CTAP shall work with school districts and eligible schools to determine whether individual school sites plan to provide Advanced Placement courses via technology, and shall report on the hardware, infrastructure and wiring necessary to bring eligible schools online Advanced Placement courses. Further, the report shall identify other resources that could address these needs, such as the Digital High School program or the federal E-rate program, and estimate the specific technology needs for each school site that may be funded from the Education Technology Grant Program.
NOTE
Authority cited: Section 52270, Education Code. Reference: Section 52270, Education Code.
HISTORY
1. New section filed 10-26-2000 as an emergency; operative 10-26-2000 (Register 2000, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-23-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-26-2000 order transmitted to OAL 2-22-2001 and filed 3-29-2001 (Register 2001, No. 13).
§90004. Calculation of Grants.
Note • History
(a) The priority for the distribution of funds shall be as follows:
(1) The first priority shall be eligible schools serving grades 9-12 that provide three (3) or fewer Advanced Placement courses, and that need hardware, infrastructure or wiring that is not available from other sources to achieve connectivity to on-line Advanced Placement classes.
(2) The second priority shall be eligible schools serving students in grades 9-12 that have a projected student-to-multimedia computer ratio, as defined in section 90002(b)(5) of these regulations, of greater than 5:1.
(3) The third priority, if any funds remain from this one-time allocation, shall be eligible schools serving grades 9-12 that have a projected student-to-multimedia computer ratio, as defined in section 90002(b)(5) of these regulations, of equal to or less than 5:1.
(b) The Secretary for Education, upon receipt of the reports from CTAP, shall:
(1) Calculate the funds necessary for each Priority One school to provide Advanced Placement content online, in order to ensure that each Priority One school can offer a total of four or more Advanced Placement courses.
(2) Calculate the funds required to reduce the projected ratio of students-to-computers in each eligible Priority Two school, based on an allocation of $1500 per computer. The Secretary for Education has set a preliminary goal of reducing all Priority Two schools to a 5:1 ratio. However, the Secretary for Education retains the authority to adjust the ratio to a higher or lower ratio, depending on the results of the CTAP survey, in order to remain within the $175 million in one-time funds allocated for this program. Allocations shall be made in such a manner as to improve or maintain an equal ratio across all eligible high schools.
(3) Allocate Priority Three grants, based on an allocation of $1500 per computer, should any funds remain after funding the Priority One and Priority Two eligible schools. Allocations shall be made in such a manner as to improve or maintain an equal ratio across all eligible high schools.
(c) Once the calculations required in subparagraph (b) are completed, the Secretary for Education shall notify eligible schools or districts in writing of the amounts allocated for each eligible school, and notify eligible schools or districts of the student-to-multimedia computer ratio they will be expected to reach with the amount of funding provided. Schools may elect to participate pursuant to Section 90005 of these regulations.
NOTE
Authority cited: Section 52270, Education Code. Reference: Section 52270, Education Code.
HISTORY
1. New section filed 10-26-2000 as an emergency; operative 10-26-2000 (Register 2000, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-23-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-26-2000 order, including further amendment of subsections (a)(3) and (b)(3), transmitted to OAL 2-22-2001 and filed 3-29-2001 (Register 2001, No. 13).
§90005. Preparation by Eligible Schools, Release of Funds.
Note • History
(a) Upon notification that the Secretary for Education has calculated the amount of funds available for each school district with eligible schools, CTAP shall:
(1) Work with eligible schools to ensure each district or school site has a technology plan that complies with these regulations.
(2) Obtain award agreements, approved by the governing body of each participating charter school or school district with eligible schools as specified in Section 90002(a)(1), that detail the funds allocated by the Secretary for Education and the charter school or school district's commitment to reduce the student-to-multimedia computer ratio in eligible schools to the ratio specified by the Secretary for Education pursuant to Section 90004(b) of these regulations.
(b) Upon documenting receipt of a technology plan that complies with these regulations, a completed application, and a completed award agreement, CTAP shall forward a copy of the signed assurances and award agreements to the Secretary for Education, who shall request the State Controller release one hundred percent (100%) of the funds encumbered for each eligible school to the school district or charter school.
(c) Participating charter schools or school districts must encumber funds received pursuant to this program by June 30, 2001, by issuing a purchase order or entering into a contract to purchase or lease a sufficient number of computers to meet the student-to-multimedia computer ratio determined by the Secretary for Education pursuant to Section 90004(b) of these regulations. Participating charter schools or school districts must complete and certify the installation of new equipment purchased or leased with Education Technology Grant Program funds by March 1, 2002. Participating charter schools or school districts must file an “End of Grant Expenditure Report/Certification of Completion” with the participating CTAP region within 30 days of installation, and no later than March 1, 2002.
NOTE
Authority cited: Section 52270, Education Code. Reference: Section 52270, Education Code.
HISTORY
1. New section filed 10-26-2000 as an emergency; operative 10-26-2000 (Register 2000, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-23-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-26-2000 order, including further amendment of subsections (a)(2) and (c), transmitted to OAL 2-22-2001 and filed 3-29-2001 (Register 2001, No. 13).
§90006. Assurances from School Districts.
Note • History
As a condition of receiving funds under the Education Technology Grant Program, the governing body of a participating charter school or school district agrees to repay any funding received if the following conditions have not been met:
(a) the grant funds will be awarded by the charter school or school district to eligible schools.
(b) the charter school or school district has an education technology plan or will develop a plan with the assistance of CTAP within 90 days after submission of this assurance.
(c) the charter school or school district agrees to improve the student-to-multimedia computer ratio to the ratio specified by the Secretary for Education pursuant to Section 90004(b) of these regulations.
(d) all equipment purchased through these funds shall be Internet-ready and meet the technical specifications set by the Secretary for Education in the document “ETGP Technical Specifications Rev. 11-6-00.” This document is incorporated by reference and can be found on the Secretary for Education's web site at www.ose.ca.gov/edtech/ or may be obtained by calling the Secretary's office at (916) 323-0611.
(e) the charter school or school district will obtain a maintenance agreement for all equipment acquired through this program at the time of purchase/lease or otherwise identify funding for maintenance/support of the equipment for a period of not less than three (3) years.
(f) all hardware acquired under this program will be used for instructional purposes.
(g) all hardware acquired under this program will be placed in classrooms, libraries, or technology/media centers at the school site.
(h) the technology purchased or leased with funds from the Education Technology Grant Program will be used to ensure that eligible schools provide a total of four or more Advanced Placement courses, if a charter school or school district receives Priority One funding in order to purchase the hardware, infrastructure or wiring necessary to provide connectivity for on-line Advanced Placement classes at a charter school or school district.
(i) The school district will file an “End of Grant Expenditure Report/Certification of Completion” with CTAP no later than thirty days after completion of the installation, and not later than March 1, 2002.
(j) The charter school or school district has adopted a policy regarding access by pupils to Internet and on-line sites, pursuant to Section 51870.5 of the Education Code.
(k) The charter school or school district agrees to update the California Education Technology Inventory for each school, including existing equipment, and the new equipment funded by this program.
NOTE
Authority cited: Section 52270, Education Code. Reference: Section 52270, Education Code.
HISTORY
1. New section filed 10-26-2000 as an emergency; operative 10-26-2000 (Register 2000, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-23-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-26-2000 order, including further amendment of subsections (a), (c) and (d), transmitted to OAL 2-22-2001 and filed 3-29-2001 (Register 2001, No. 13).
§90007. On-Site Compliance Visits.
Note • History
(a) CTAP shall conduct on-site compliance visits for no less than 10% of the eligible schools awarded grants under the Education Technology Grant Program and report results to the Secretary for Education by June 30, 2002. The compliance visit shall include:
(1) Whether the charter school or school district met the assurances outlined in section 90006 of these regulations, with special emphasis on whether eligible schools met the student-to-multimedia computer ratio designated by the Secretary for Education pursuant to Section 90004(b) of these regulations.
(2) Whether the charter school or school district has entered all relevant education technology inventory data in the California Education Technology Inventory.
(3) Other relevant measures of progress as determined by CTAP.
(b) If, based on the on-site compliance visit, CTAP determines that the terms of the award agreement have not been met, CTAP shall notify the Secretary for Education, who, pursuant to the assurances in section 90006 of these regulations, and upon a finding of material non-compliance with the assurances, will instruct the State Controller to withhold funding from the next apportionment due to the school district.
NOTE
Authority cited: Section 52270, Education Code. Reference: Section 52270, Education Code.
HISTORY
1. New section filed 10-26-2000 as an emergency; operative 10-26-2000 (Register 2000, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-23-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-26-2000 order, including further amendment of subsection (a)(1), transmitted to OAL 2-22-2001 and filed 3-29-2001 (Register 2001, No. 13).
§90008. Early Awards for Schools With Extreme Hardships.
Note • History
Upon a determination that an eligible charter school or school district has a high ratio of students-to-multimedia computers, or is unable to provide urgently needed Advanced Placement online courses due to technological limitations, and a determination that the school will be eligible for funds under Priority One or Priority Two as outlined in section 90004 of these regulations, the Secretary for Education shall have the authority to request that the State Controller release funds to charter schools or school districts any time after the effective date of the regulations, in order to quickly improve the technology available to students in eligible charter schools or school districts. The computers purchased pursuant to these early awards shall be deducted from future allocations under this program, as determined by the Secretary for Education.
NOTE
Authority cited: Section 52270, Education Code. Reference: Section 52270, Education Code.
HISTORY
1. New section filed 10-26-2000 as an emergency; operative 10-26-2000 (Register 2000, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-23-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-26-2000 order transmitted to OAL 2-22-2001 and filed 3-29-2001 (Register 2001, No. 13).
§90009. Authority for Secretary to Extend Application Date.
Note • History
The Secretary for Education may, upon the showing of good cause, extend the application date specified in section 90002(a) of these regulations.
NOTE
Authority cited: Section 52270, Education Code. Reference: Section 52270. Education Code.
HISTORY
1. New section filed 10-26-2000 as an emergency; operative 10-26-2000 (Register 2000, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-23-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-26-2000 order transmitted to OAL 2-22-2001 and filed 3-29-2001 (Register 2001, No. 13).
Division 10. The Regents of the University of California
Chapter 1. Regulations Governing Conduct of Non-Affiliates in the Buildings and on the Grounds of the University of California
Note • History
The following regulations are promulgated under California Education Code section 92440.5, which authorizes The Regents of the University of California to enact regulations addressing the conduct of persons who are not students, officers, or employees of the University of California when that conduct is a threat to persons or property or constitutes interference with functions or activities of the University. Violation of regulations promulgated under section 92440.5 is punishable as a misdemeanor. Pursuant to section 92440.5, these regulations do not apply to the conduct of students, officers, or employees of the University; their conduct is governed by other University regulations. These regulations may not be utilized to impinge upon the lawful exercise of constitutionally protected rights of freedom of speech or assembly, or the constitutionally protected right of personal privacy.
NOTE
Authority cited: Section 924405, Education Code. Reference: Section 92440.5, Education Code.
HISTORY
1. New division 10 (chapter 1, sections 100000-100015), chapter 1 (sections 100000-100015) and section filed 10-17-2008; operative 10-28-2008. Submitted to OAL for printing only pursuant to Education Code section 92440.5 (Register 2008, No. 42).
Note • History
The following definitions shall apply to terms used in this Chapter:
A. “Non-affiliate” means any person who is not any of the following: a student, officer, official volunteer, employee, Regent, or emeritus of the University of California or a member of a household authorized to reside in University Property. As used in this definition:
1. “student” means any person who (a) is enrolled in or registered with an academic program of the University; (b) has completed the immediately preceding term, is not presently enrolled, and is eligible for re-enrollment; or (c) is on an approved educational leave or other approved leave status, or is on filing-fee status.
2. “official volunteer” means any person who is: (a) listed as an officer or a board member of the recognized campus alumni association, including its committees or related clubs; (b) listed as an officer or a board member of a support group formally recognized by the particular campus; or (c) formally registered through the relevant Campus Human Resources/Staff Personnel office and authorized to provide volunteer services on behalf of the University in campus facilities (e.g., hospitals, museums, etc.).
3. “employee” means any person who is listed in the campus payroll system, regardless of the percentage of time associated with the person's employment, including a staff retiree who has been recalled for University employment and other individuals to whom the University is contractually obligated to provide access to University property equivalent to that allowed to University employees.
4. “emeritus” means any person who holds the title of “emeritus” pursuant to Regents Standing Order 103.5 and section 120 of the University of California Academic Personnel Manual.
B. “University Property” means buildings and grounds that are operated by, or under the control of, the Regents of the University of California.
C. “Person” includes natural persons, corporations, firms, partnerships, joint stock companies, associations and other organizations of persons.
D. “Designated University Official” means the University official delegated authority over the relevant operation from the Chancellor or chief administrative officer of the facility.
NOTE
Authority cited: Section 924405, Education Code. Reference: Section 92440.5, Education Code.
HISTORY
1. New section filed 10-17-2008; operative 10-28-2008. Submitted to OAL for printing only pursuant to Education Code section 92440.5 (Register 2008, No. 42).
Note • History
When enforcing this Chapter, an officer or employee authorized to maintain order on the campus or facility should make a reasonable attempt to warn and advise a non-affiliate subject to cease the prohibited conduct or activity before citing and/or arresting the non-affiliate subject for violation of this Chapter, except where the conduct violating this Chapter reasonably appears to create a threat to or endanger health, safety or property.
NOTE
Authority cited: Section 924405, Education Code. Reference: Section 92440.5, Education Code.
HISTORY
1. New section filed 10-17-2008; operative 10-28-2008. Submitted to OAL for printing only pursuant to Education Code section 92440.5 (Register 2008, No. 42).
Note • History
No non-affiliate shall drink or consume any alcoholic beverage, or possess an alcoholic beverage in an open container, on University property out of doors, except as an invited guest at an event or activity sponsored by the University at which the Designated University Official has approved the consumption of alcoholic beverages.
NOTE
Authority cited: Section 924405, Education Code. Reference: Section 92440.5, Education Code.
HISTORY
1. New section filed 10-17-2008; operative 10-28-2008. Submitted to OAL for printing only pursuant to Education Code section 92440.5 (Register 2008, No. 42).
§100004. Approval for Activity on University of California Property.
Note • History
A. Approval for Gatherings or Demonstrations: No non-affiliate shall hold or conduct any demonstration or gathering in or upon any University property without prior approval from the Designated University Official, and subject to such requirements regarding time, place, and manner as the Designated University Official may impose.
B. Approval for Structures or Equipment: No non-affiliate shall build, construct, set up, place or maintain or attempt such, in or upon any University of California owned or operated property, any tent, platform, booth, bench, table, building, sound system, or other structure, without prior approval from the Designated University Official, and subject to such requirements regarding time, place, and manner as the Designated University Official may impose.
C. Approval for Amplified Sound: No non-affiliate may use amplified sound on University Property, without prior approval from the Designated University Official, and subject to such requirements regarding time, place, and manner as the Designated University Official may impose.
D. Criteria for approval of activities in this section shall be content-neutral and specified in advance.
NOTE
Authority cited: Section 924405, Education Code. Reference: Section 92440.5, Education Code.
HISTORY
1. New section filed 10-17-2008; operative 10-28-2008. Submitted to OAL for printing only pursuant to Education Code section 92440.5 (Register 2008, No. 42).
§100005. Camping and Storage of Personal Belongings.
Note • History
No non-affiliate on University property shall, without authorization from a Designated University Official:
A. Camp, occupy camp facilities, use camp paraphernalia, or store personal property on University property.
B. Bring any tent or other housing structure on University property, or occupy any such tent or housing structure.
C. Set up a household or campsite on University property.
D. Bring, leave, or dump furniture, mattresses, or other large household items on University property, or bring or maintain large personal belongings or large amounts of personal belongings on University property, except as authorized by the Designated University Official. For purposes of this section, “large household items,” “large personal belongings,” and “large amounts of personal belongings,” means anything that cannot be reasonably carried on the person or reasonably used for personal purposes.
E. Store personal possessions on University property. For purposes of this section, “storage of personal possessions” means leaving items unattended, that is, not in the owner's immediate personal custody and control.
F. Bring onto University property any unauthorized carts, carriages, trailers, or other vehicles of conveyance designed for, or used to transport property, except for: (1) baby carriages actually used to transport infants, or (2) wheelchairs or other wheeled conveyances necessary for disabled access.
NOTE
Authority cited: Section 924405, Education Code. Reference: Section 92440.5, Education Code.
HISTORY
1. New section filed 10-17-2008; operative 10-28-2008. Submitted to OAL for printing only pursuant to Education Code section 92440.5 (Register 2008, No. 42).
§100006. Commercial Activities.
Note • History
No non-affiliate shall solicit, hawk or otherwise peddle or rent any goods, wares, merchandise, liquids or edibles for human consumption or services on University property, operate any commercial enterprise, or give any lessons, classes or instruction on University property whether for profit or otherwise, except as specifically authorized by the Designated University Official. For purposes of this section, soliciting and selling shall include the leafleting or distribution of advertisements or other promotional devices.
NOTE
Authority cited: Section 924405, Education Code. Reference: Section 92440.5, Education Code.
HISTORY
1. New section filed 10-17-2008; operative 10-28-2008. Submitted to OAL for printing only pursuant to Education Code section 92440.5 (Register 2008, No. 42).
Note • History
No non-affiliate shall enter or otherwise remain on University Property between the hours of midnight to 6:00 a.m., or at such other times as published or posted by the campus or University location. This curfew shall not apply to University housing residents or their invited guests, invited guests of University faculty, emeritus or staff, persons possessing valid written authorization from the Designated University Official, or those on legitimate University related business or attending a specific University sponsored event. Those persons possessing a valid written authorization, or attending a specific event, shall be allowed to remain and use the facilities as specified in their authorization or through the duration of the specific event, after which time they shall leave the property without any appreciable delay. This curfew also shall not apply to people proceeding directly across a roadway or path that has been designated by the Designated University Official as open to the public during curfew hours.
NOTE
Authority cited: Section 924405, Education Code. Reference: Section 92440.5, Education Code.
HISTORY
1. New section filed 10-17-2008; operative 10-28-2008. Submitted to OAL for printing only pursuant to Education Code section 92440.5 (Register 2008, No. 42).
Note • History
No non-affiliate shall bring any explosive material (as defined by section 12000 of the California Health and Safety Code) or flammable material (as defined by section 12504 of the California Health and Safety Code) or any hazardous or flammable materials (as defined by the regulations adopted pursuant to section 2402.7 of the California Vehicle Code) onto University property, regardless of whether or not the material is burning, except such materials that are transported in approved containers and necessary for the conduct of the business of the University or are approved by the Designated University Official or are contained in any tank used only to carry fuel necessary for the operation of a vehicle or any equipment of the vehicle.
NOTE
Authority cited: Section 924405, Education Code. Reference: Section 92440.5, Education Code.
HISTORY
1. New section filed 10-17-2008; operative 10-28-2008. Submitted to OAL for printing only pursuant to Education Code section 92440.5 (Register 2008, No. 42).
§100009. Dogs, Cats and Other Animals.
Note • History
No non-affiliate, having ownership, custody or control of any dog, cat or other animal, except for animals (as described in California Penal Code section 365.5) assisting persons with disabilities, shall cause, suffer or permit such animal on University property without authorization, unless (1) the animal remains on a leash or under the hand control of a responsible person at all times, (2) the animal is not left unattended, and (3) the animal remains at all time in outdoor areas designated by the University. Any non-affiliates having ownership, custody or control of any animal on University property must promptly remove and properly dispose of any droppings left by such animal.
NOTE
Authority cited: Section 924405, Education Code. Reference: Section 92440.5, Education Code.
HISTORY
1. New section filed 10-17-2008; operative 10-28-2008. Submitted to OAL for printing only pursuant to Education Code section 92440.5 (Register 2008, No. 42).
Note • History
Non-affiliates shall not start or maintain campfires, portable stoves, open fires and other fires on University property except as expressly authorized by the Designated University Official, and subject to such requirements regarding location, time, and fire safety precautions as the Designated University Official may impose.
NOTE
Authority cited: Section 924405, Education Code. Reference: Section 92440.5, Education Code.
HISTORY
1. New section filed 10-17-2008; operative 10-28-2008. Submitted to OAL for printing only pursuant to Education Code section 92440.5 (Register 2008, No. 42).
Note • History
No non-affiliate shall be nude on University property in any place open to the public or any place visible from a place open to the public including offices and classrooms, except for specifically designated “clothing optional areas” of campus gymnasiums and pools, dressing rooms, changing rooms, and restrooms. “Nude” within the meaning of this section means the absence of an opaque covering which covers the genitals, pubic hair, buttocks, perineum, anus or anal region of any person or any portion of the breast at or below the areola thereof of any female person.
This prohibition does not apply to: (1) individuals or groups participating in visual or performing arts productions or academic programs or classes scheduled or sponsored by campus academic units or departments or under the auspices of programs approved by the Designated Campus Official for the sponsorship or presentation of visual or performing arts productions, as determined and formally approved by the departmental chair, unit or program director; or (2) any female exposing her breast to the extent such exposure is necessary to breast-feed a child.
NOTE
Authority cited: Section 924405, Education Code. Reference: Section 92440.5, Education Code.
HISTORY
1. New section filed 10-17-2008; operative 10-28-2008. Submitted to OAL for printing only pursuant to Education Code section 92440.5 (Register 2008, No. 42).
§100012. Passage on University Property.
Note • History
No non-affiliate shall remain on University property if directed to leave that University property by the chief administrative officer of the campus or facility, or an officer or employee designated by the chief administrative officer to maintain order on the campus or facility, upon the reasonable determination of that officer or employee that the non-affiliate is committing an act that is likely to interfere with the peaceful conduct of the activities of the campus or facility or has entered the campus or facility with the purpose of committing any such act.
NOTE
Authority cited: Section 924405, Education Code. Reference: Section 92440.5, Education Code.
HISTORY
1. New section filed 10-17-2008; operative 10-28-2008. Submitted to OAL for printing only pursuant to Education Code section 92440.5 (Register 2008, No. 42).
Note • History
No non-affiliate on University property shall:
G. Knowingly and willfully interfere with the peaceful conduct of the activities of the campus or facility by intimidating, harassing or obstructing any University employee, student, or any other person.
H. Delay or linger without lawful purpose for being on the property and for the purpose of committing a crime or violation of these policies as opportunity may be discovered.
I. Use University facilities not generally open to the public, including but not limited to, showers, storage lockers, study lounges or recreational facilities, without authorization of a Designated University Official.
J. Rummage through or remove any discarded item from any recycling container or any designated University waste or recycling center without authorization of a Designated University Official.
K. Urinate or defecate in any place other than a designated restroom or other facility designed for the sanitary disposal of human waste.
L. Wear a mask, personal disguise, or otherwise conceal his/her identity with the intent of intimidating any person or group, or for the purpose of evading or escaping discovery, recognition, or identification in the commission of violations of University policy, University regulations or municipal, state, or federal laws.
M. Disturb plants and wildlife in any way, including climbing or placing objects in trees or bushes or attaching items to them without authorization of a Designated University Official.
N. Attempt to engage in any of the above offenses.
NOTE
Authority cited: Section 924405, Education Code. Reference: Section 92440.5, Education Code.
HISTORY
1. New section filed 10-17-2008; operative 10-28-2008. Submitted to OAL for printing only pursuant to Education Code section 92440.5 (Register 2008, No. 42).
§100014. Signs, Posters, Placards, Banners, Handbills, Displays/Structures.
Note • History
Non-affiliates' ability to speak and communicate on campus adds to the vibrant exchange of ideas at the University. At the same time, reasonable content-neutral regulations regarding the time, place, and manner of such speech help preserve University property for the functions for which it is dedicated.
A. No non-affiliate shall carry, transport or use signs, posters, placards or banners exceeding thirty inches (30”) by thirty inches (30”) in size, in or on any University property unless prior written permission has been obtained from Designated University Official.
1. The size of the handles or supports for such signs, posters, placards, or banners shall be limited to one-fourth inch (1/4”) in thickness by three-fourths inch (3/4”) in width and shall extend no more than eighteen inches (18”) beyond a single exterior edge of such signs, posters, placards or banners.
2. All such handles or supports shall be made of wood without exception.
B. No non-affiliate shall, on University property, without authorization from the Designated University Official: in any way affix, fasten, or attach to the premises any signs, posters, placards or banners; nor shall they be self-supporting and placed for display; nor leaned against any wall, partition or other portion of University property.
C. No non-affiliate shall carry signs, posters, placards or banners in a way that obstructs or interferes with the normal movement of any vehicular traffic or pedestrian movement on University property.
D. No non-affiliate shall post or affix, or cause to be posted or affixed, on any University property any handbill, circular, booklet, card, pamphlet, sheet or written or printed notice except in such locations and in the time and manner explicitly established by the University for such purpose, without prior authorization of the Designated University Official.
E. No non-affiliate shall distribute any written or printed matter in violation of established campus directives regarding time, place and manner.
F. No non-affiliate shall erect any structure or display, or bring a structure or display on to University property without prior written authorization from the Designated University Official. For purposes of this paragraph, “structure or display” means any object larger than two feet in any dimension that is intended to be placed or displayed in a public area, or is left unattended in a public area. It does not include objects entirely supported or carried by a single person that do not extend more than one foot from that person (e.g., a signboard supported over someone's shoulders).
G. Where the Designated University Official is permitted to authorize exceptions to the regulations set forth in this section, the criteria for such authorization shall be content-neutral and specified in advance.
NOTE
Authority cited: Section 924405, Education Code. Reference: Section 92440.5, Education Code.
HISTORY
1. New section filed 10-17-2008; operative 10-28-2008. Submitted to OAL for printing only pursuant to Education Code section 92440.5 (Register 2008, No. 42).
Note • History
No non-affiliate shall, on University property, carry upon his/her person or have in his/her possession or under his/her control any Dangerous Weapon. For purposes of this Section, “Dangerous Weapon” means and includes, but is not limited to:
A. Any firearm in violation of the Gun-Free School Zone Act of 1995, California Penal Code section 626.9.
B. Any knife having a blade two and one-half inches or more in length.
C. Any folding knife with a blade that locks into place.
D. Any ice pick or similar sharp tool that can be used as a stabbing implement capable of inflicting serious bodily injury.
E. Any razor with an unguarded blade.
F. Any cutting, stabbing or bludgeoning weapon or device capable of inflicting serious bodily injury.
G. Any dirk or dagger.
H. Any taser, stun gun, or other similar electronic device.
I. Any instrument that expels a metallic projectile such as a BB or a pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun.
This section shall not apply to a duly appointed peace officer as defined in Chapter 4.5 (commencing with section 830 of the California Penal Code), a full-time paid peace officer of another state or the federal government who is carrying out official duties while in this state, a person summoned by any officer to assist in making arrests or preserving the peace while the person is actually engaged in assisting any officer, a security guard authorized to carry a loaded firearm pursuant to California Penal Code section 12031 or to an honorably retired peace officer authorized to carry a concealed or loaded firearm pursuant to California Penal Code sections 12027(a) or (i), or California Penal Code section 12031(b)(1) or (8), or a member of the military forces of this state or the United States who is engaged in the performance of his or her duties
This section shall not apply if, at the time of the alleged violation, the instrument or device alleged to be a Dangerous Weapon was in good faith carried upon the person or in his/her custody or control for use in his/her lawful occupation or employment.
NOTE
Authority cited: Section 924405, Education Code. Reference: Section 92440.5, Education Code.
HISTORY
1. New section filed 10-17-2008; operative 10-28-2008. Submitted to OAL for printing only pursuant to Education Code section 92440.5 (Register 2008, No. 42).