text:
(a) The Chancellor’s Office of the California Community Colleges shall make available to the Legislative Analyst’s Office all of the following data, categorized by community college district and by academic year, commencing with the 2009–10 academic year:

(1) The number of resident students, rendered both as headcount and as full-time equivalent students (FTES), including an identification of any resident enrollment above the district’s cap.

(2) The number of nonresident students, rendered both as headcount and as FTES.

(3) The per-unit nonresident tuition rate.

(4) The total amount of revenue received from nonresident tuition.

(5) The total apportionment funding received by the district.

(b) The Legislative Analyst’s Office shall include, in its annual analysis of the Governor’s budget proposal, a summary of the data made available pursuant to subdivision (a), as well as an analysis of the degree to which the affected community colleges have complied with the requirements of paragraph (2) of subdivision (e) of Section 76140.

history: (History: Added by Stats. 2010, Ch. 259, Sec. 2. (AB 2297) Effective January 1, 2011.)

title: 3. POSTSECONDARY EDUCATION

article: 9. Nonresident Tuition


kind: section

code: EDC

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

history: (History: Added by Stats. 1987, Ch. 435, Sec. 1.)

division: 7. COMMUNITY COLLEGES

part: 47. STUDENTS

title: 3. POSTSECONDARY EDUCATION

chapter: 1. General Provisions

article: 9. Nonresident Tuition

path: 3. POSTSECONDARY EDUCATION > 7. COMMUNITY COLLEGES > 47. STUDENTS > 1. General Provisions > 9. Nonresident Tuition


text:
(a) In addition to the nonresident tuition fee established pursuant to Section 76140, a community college district may charge to nonresident students an amount not to exceed the amount that was expended by the district for capital outlay in the preceding fiscal year divided by the total full-time equivalent students of the district in the preceding fiscal year.

(b) Any fee charged pursuant to this section shall not exceed 50 percent of the nonresident tuition fee established pursuant to Section 76140.

(c) (1) Any student who can demonstrate economic hardship, or who is a victim of persecution or discrimination in the country in which the student is a citizen and resident, is exempt from this fee.

(2) For purposes of this section, the governing board of each community college district that chooses to impose the fee authorized by this section shall adopt a definition of economic hardship that encompasses the financial circumstances of a person who is a recipient of benefits under the Temporary Assistance for Needy Families program described in Part A of Title IV of the Social Security Act (42 U.S.C. Secs. 601 et seq.), the Supplemental Income/State Supplementary Program, or a general assistance program.

(d) Revenue from any fee charged pursuant to this section shall be expended only for purposes of capital outlay, maintenance, and equipment.

history: (History: Amended by Stats. 2009, Ch. 377, Sec. 1. (AB 947) Effective January 1, 2010.)

title: 3. POSTSECONDARY EDUCATION

article: 9. Nonresident Tuition


text:
(a) A community college district may charge nonresident applicants who are both citizens and residents of a foreign country a processing fee not to exceed the lesser of: (1) the actual cost of processing an application and other documentation required by the federal government, or (2) one hundred dollars ($100), which may be deducted from the tuition fee at the time of enrollment.

(b) No processing fee shall be charged to an applicant who would be eligible for an exemption from nonresident tuition pursuant to Section 76140 or who can demonstrate economic hardship. For purposes of this section, the governing board of each community college district that chooses to impose the fee authorized by this section shall adopt a definition of economic hardship that includes the financial circumstances of a person who is a victim of persecution or discrimination in the foreign country in which the applicant is a citizen and resident, or who is a recipient of benefits under the Temporary Assistance for Needy Families program described in Parts A and F of Title IV of the Social Security Act (42 U.S.C. Secs. 601 et seq.), the Supplemental Income/State Supplementary Program, or a general assistance program.

history: (History: Amended by Stats. 2005, Ch. 654, Sec. 11. Effective October 7, 2005.)

title: 3. POSTSECONDARY EDUCATION

article: 9. Nonresident Tuition


text:
For purposes of the nonresident tuition fee, a community college district shall disregard the time during which a student living in the district resided outside the state, if:

(1) The change of residence to a place outside the state was due to a job transfer and was made at the request of the employer of the student or the employer of the student’s spouse or, in the case of a student who resided with, and was a dependent of, the student’s parents, the change of residence was made at the request of an employer of either of the student’s parents.

(2) Such absence from the state was for a period of not more than four years.

(3) At the time of application for admission to a college maintained by the district, the student would qualify as a resident if the period of the student’s absence from the state was disregarded.

A nonresident tuition fee shall not be charged to a student who meets each of the conditions specified in subdivisions (1) to (3), inclusive.

history: (History: Amended by Stats. 1977, Ch. 36.)

title: 3. POSTSECONDARY EDUCATION

article: 9. Nonresident Tuition


text: It is the intent of the Legislature to resolve potential conflicts between California law and the provisions of Public Law 93-380 regarding the confidentiality of student records in order to insure the continuance of federal education funds to public community colleges within the state, and to revise generally and update the law relating to such records.

history: (History: Enacted by Stats. 1976, Ch. 1010.)

title: 3. POSTSECONDARY EDUCATION

chapter: 1.5. Student Records

article: 1. Legislative Intent

path: 3. POSTSECONDARY EDUCATION > 7. COMMUNITY COLLEGES > 47. STUDENTS > 1.5. Student Records > 1. Legislative Intent


text:
As used in this chapter, the following definitions shall apply:

(a) (1) “Student record” means any item of information directly related to an identifiable student, other than directory information, which is maintained by a community college or required to be maintained by any employee in the performance of his or her duties, whether recorded by handwriting, print, tapes, film, microfilm or other means.

(2) “Student record” does not include (A) confidential letters and statements of recommendations maintained by a community college on or before January 1, 1975, if these letters or statements are not used for purposes other than those for which they were specifically intended, (B) information provided by a student’s parents relating to applications for financial aid or scholarships, or (C) information related to a student compiled by a community college officer or employee that remains in the sole possession of the maker and is not accessible or revealed to any other person except a substitute. For purposes of this paragraph, “substitute” means a person who performs, on a temporary basis, the duties of the individual who made the notes and does not refer to a person who permanently succeeds the maker of the notes in his or her position.

(3) “Student record” also does not include information related to a student created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional or paraprofessional capacity, or assisting in that capacity, and that is created, maintained, or used only in connection with the provision of treatment to the student and is not available to anyone other than persons providing that treatment. However, that record may be personally reviewed by a physician or other appropriate professional of the student’s choice.

(4) “Student record” does not include information maintained by a community college law enforcement unit, if the personnel of the unit do not have access to student records pursuant to Section 76243, the information maintained by the unit is kept apart from information maintained pursuant to subdivision (a), the information is maintained solely for law enforcement purposes, and the information is not made available to persons other than law enforcement officials of the same jurisdiction. “Student record” does not include information maintained in the normal course of business pertaining to persons who are employed by a community college, if the information relates exclusively to the person in that person’s capacity as an employee and is not available for use for any other purpose.

(b) “Directory information” means one or more of the following items: a student’s name, address, telephone number, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, the most recent previous public or private school attended by the student, and any other information authorized in writing by the student.

(c) “Access” means a personal inspection and review of a record or an accurate copy of a record, or an oral description or communication of a record or an accurate copy of a record, and a request to release a copy of any record.

history: (History: Amended by Stats. 1995, Ch. 758, Sec. 90. Effective January 1, 1996.)

title: 3. POSTSECONDARY EDUCATION

article: 2. Definitions

path: 3. POSTSECONDARY EDUCATION > 7. COMMUNITY COLLEGES > 47. STUDENTS > 1.5. Student Records > 2. Definitions


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

title: 3. POSTSECONDARY EDUCATION

article: 3. General Provisions

path: 3. POSTSECONDARY EDUCATION > 7. COMMUNITY COLLEGES > 47. STUDENTS > 1.5. Student Records > 3. General Provisions


text:
Community college districts shall notify students in writing of their rights under this chapter upon the date of the student’s enrollment and at least annually thereafter. The notice shall take a form that reasonably notifies students of the availability of the following specific information:

(a) The types of student records and information contained therein that are directly related to students and maintained by the institution.

(b) The official responsible for the maintenance of each type of record.

(c) The location of the log or record required to be maintained pursuant to Section 76222.

(d) The criteria to be used by the institution in defining “officials and employees” and in determining “legitimate educational interest” as used in Section 76222 and subdivision (a) of Section 76243.

(e) The policies of the institution for reviewing and expunging those records.

(f) The right of the student to have access to his or her records.

(g) The procedures for challenging the content of student records.

(h) The cost if any that will be charged for reproducing copies of records.

(i) The categories of information that the institution has designated as directory information pursuant to Section 76240.

(j) Any other rights and requirements set forth in this chapter and the right of the student to file a complaint with the United States Department of Education concerning an alleged failure by the institution to comply with Section 438 of the General Education Provisions Act (20 U.S.C.A. 1232g).

history: (History: Amended by Stats. 1993, Ch. 8, Sec. 32. Effective April 15, 1993.)

title: 3. POSTSECONDARY EDUCATION

article: 3. General Provisions


text:
A log or record shall be maintained for each student’s record which lists all persons, agencies, or organizations requesting or receiving information from the record and the legitimate interests therefor. The listing need not include any of the following:

(a) Students to whom access is granted pursuant to Section 76230.

(b) Parties to whom directory information is released pursuant to Section 76240.

(c) Parties for whom written consent has been executed by the student pursuant to Section 76242.

(d) Officials or employees having a legitimate educational interest pursuant to subdivision (a) of Section 76243.

The log or record shall be open to inspection only by the student and the community college official or his or her designee responsible for the maintenance of student records, and to the Comptroller General of the United States, the Secretary of Education, an administrative head of an education agency as defined in Public Law 93-380, and state educational authorities as a means of auditing the operation of the system.

history: (History: Amended by Stats. 1993, Ch. 8, Sec. 33. Effective April 15, 1993.)

title: 3. POSTSECONDARY EDUCATION

article: 3. General Provisions


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

title: 3. POSTSECONDARY EDUCATION

article: 3. General Provisions


text:
(a) When grades are given for any course of instruction taught in a community college district, the grade given to each student shall be the grade determined by the instructor of the course and the determination of the student’s grade by the instructor, in the absence of mistake, fraud, bad faith, or incompetency, shall be final.

(b) No grade of a student participating in a physical education class, however, may be adversely affected due to the fact that the student does not wear standardized physical education apparel where the failure to wear such apparel arises from circumstances beyond the control of the student.

title: 3. POSTSECONDARY EDUCATION

article: 3. General Provisions


text:
(a) Whenever a student transfers from one community college or public or private institution of postsecondary education to another within the state, appropriate records or a copy of appropriate records shall be transferred by the former community college, or college or university upon a request from the student. Any community college, college, or university making a transfer of these records shall notify the student of the student’s right to receive a copy of the record and the student’s right to a hearing to challenge the content of the record.

(b) The board of governors may adopt rules and regulations concerning the transfer of records pursuant to subdivision (a) to, from, or between colleges under its jurisdiction.

(c) Using available funding apportioned to their community college district pursuant to Section 84750.4, community colleges enrolling high school pupils through dual or concurrent enrollment pursuant to Sections 48800 and 76001, shall use eTranscript California, also referred to as “eTranscriptCA,” or its successor system, to enable the uniform integration of the pupil’s completed courses and grades received into the pupil’s universal and electronic high school transcript that is housed on the CaliforniaColleges.edu platform.

history: (History: Amended by Stats. 2024, Ch. 38, Sec. 93. (SB 153) Effective June 29, 2024.)

title: 3. POSTSECONDARY EDUCATION

article: 3. General Provisions


text:
Any currently enrolled or former student has a right to access to any and all student records relating to him maintained by community colleges. The editing or withholding of any such records, except as provided for in this chapter, is prohibited.

Each community college district shall adopt procedures for the granting of requests by students to inspect and review records during regular school hours, provided that access shall be granted no later than 15 working days following the date of the request. Procedures shall include notification of the location of all official student records if not centrally located and the providing of qualified personnel to interpret records where appropriate.

title: 3. POSTSECONDARY EDUCATION

article: 4. Rights of Students

path: 3. POSTSECONDARY EDUCATION > 7. COMMUNITY COLLEGES > 47. STUDENTS > 1.5. Student Records > 4. Rights of Students


text: A student may waive his or her right to access to student records devoted solely to confidential recommendations for career placement, postsecondary admission, or the receipt of an honor or honorary recognition. However, the recommendations shall be used solely for the purpose for which they were specifically intended, and the student shall be notified, upon request, of the names of all persons making confidential recommendations. A waiver may not be required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from a community college.

history: (History: Amended by Stats. 1995, Ch. 758, Sec. 92. Effective January 1, 1996.)

title: 3. POSTSECONDARY EDUCATION

article: 4. Rights of Students


text:
(a) Any student may file a written request with the chief administrative officer of a community college district to correct or remove information recorded in his or her student records which the student alleges to be: (1) inaccurate; (2) an unsubstantiated personal conclusion or inference; (3) a conclusion or inference outside of the observer’s area of competence; or (4) not based on the personal observation of a named person with the time and place of the observation noted.

(b) Within 30 days of receipt of the request, the chief administrative officer, or his or her designee, shall meet with the student and the employee who recorded the information in question, if any, if the employee is presently employed by the community college district. The chief administrative officer or his or her designee shall then sustain or deny the allegations.

If the chief administrative officer, or his or her designee, sustains any or all of the allegations, he or she shall order the correction or removal and destruction of the information.

If the chief administrative officer, or his or her designee, denies any or all of the allegations and refuses to order the correction or removal of the information, the student, within 30 days of the refusal, may appeal the decision in writing to the governing board of the community college district.

(c) Within 30 days of receipt of an appeal, the governing board shall, in closed session with the student and the employee who recorded the information in question, if any, and if that employee is presently employed by the community college district, determine whether to sustain or deny the allegations.

If the governing board sustains any or all of the allegations, it shall order the chief administrative officer, or his or her designee, to immediately correct or remove and destroy the information.

The decision of the governing board shall be final.

Records of these administrative proceedings shall be maintained in a confidential manner and shall be destroyed one year after the decision of the governing board unless the student initiates legal proceedings relative to the disputed information within the prescribed period.

(d) If the final decision of the governing board is unfavorable to the student or if the student accepts an unfavorable decision by the chief administrative officer, the student shall have the right to submit a written statement of his or her objections to the information. This statement shall become a part of the student’s record until the information objected to is corrected or removed.

history: (History: Amended by Stats. 1995, Ch. 758, Sec. 93. Effective January 1, 1996.)

title: 3. POSTSECONDARY EDUCATION

article: 4. Rights of Students


text: Whenever there is included in any student record information concerning any disciplinary action taken by community college personnel in connection with the student, the student shall be allowed to include in such record a written statement or response concerning the disciplinary action.

title: 3. POSTSECONDARY EDUCATION

article: 4. Rights of Students


text: Whenever there is included in any student record information concerning any disciplinary action taken by a community college in connection with any alleged sexual assault or physical abuse, including rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of sexual assault, or any conduct that threatens the health and safety of the alleged victim, the alleged victim of that sexual assault or physical abuse shall be informed within three days of the results of any disciplinary action by the community college and the results of any appeal. The alleged victim shall keep the results of that disciplinary action and appeal confidential.

history: (History: Amended by Stats. 2006, Ch. 538, Sec. 135. Effective January 1, 2007.)

title: 3. POSTSECONDARY EDUCATION

article: 4. Rights of Students


text:
(a) (1) Community college districts shall adopt a policy identifying those categories of directory information, as defined under Section 1232g of Title 20 of the United States Code as it exists on January 1, 2006, that may be released. The names and addresses of students may be provided to a private school or college operating under Sections 8080 to 8093, inclusive, Sections 33190 and 33191, or Sections 94000 to 94409, inclusive, or its authorized representative. However, no private school or college shall use this information for other than purposes directly related to the academic or professional goals of the institution.

(2) Any violation of this subdivision is a misdemeanor, punishable by a fine not to exceed two thousand five hundred dollars ($2,500), and, in addition, the privilege of the school or college to receive this information shall be suspended for a period of two years from the time of discovery of the misuse of the information.

(b) Any community college district may limit or deny the release of specific categories of directory information based upon a determination of the best interests of students.

(c) Directory information may be released according to local policy as to any former student or any student currently attending the community college. However, public notice shall be given at least annually of the categories of information that the district plans to release and of the recipients. No directory information shall be released regarding any student or former student when the student or former student has notified the institution that the information shall not be released.

history: (History: Amended by Stats. 2005, Ch. 654, Sec. 12. Effective October 7, 2005.)

title: 3. POSTSECONDARY EDUCATION

article: 5. Privacy of Student Records

path: 3. POSTSECONDARY EDUCATION > 7. COMMUNITY COLLEGES > 47. STUDENTS > 1.5. Student Records > 5. Privacy of Student Records


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

title: 3. POSTSECONDARY EDUCATION

article: 5. Privacy of Student Records


text: A community college district may permit access to student records to any person for whom the student has executed written consent specifying the records to be released and identifying the party or class of parties to whom the records may be released. The recipient must be notified that the transmission of the information to others without the written consent of the student is prohibited. The consent notice shall be permanently kept with the record file.

title: 3. POSTSECONDARY EDUCATION

article: 5. Privacy of Student Records


text:
(a) A community college or community college district is not authorized to permit access to student records to any person without the written consent of the student or unless pursuant to judicial order, except that access may be permitted to the following:

(1) Officials and employees of the community college, if they have a legitimate educational interest to inspect a record.

(2) Authorized representatives of the Comptroller General of the United States, the Secretary of Health, Education, and Welfare, an administrative head of an education agency, state education officials, or their respective designees or the United States Office of Civil Rights, where that information is necessary to audit or evaluate a state or federally supported education program or pursuant to a federal or state law, except that when the collection of personally identifiable information is specifically authorized by federal law, any data collected by those officials shall be protected in a manner that will not permit the personal identification of students or their parents by other than those officials, and any personally identifiable data shall be destroyed when no longer needed for that audit, evaluation, and enforcement of federal legal requirements.

(3) Other state and local officials or authorities to the extent that information is specifically required to be reported pursuant to state law adopted prior to November 19, 1974.

(4) Officials of other public or private schools or school systems, including local, county, or state correctional facilities where educational programs are provided, where the student seeks or intends to enroll, or is directed to enroll, subject to the rights of students as provided in Section 76225.

(5) Agencies or organizations in connection with a student’s application for, or receipt of, financial aid, provided that information permitting the personal identification of students may be disclosed only as may be necessary for those purposes as to determine the eligibility of the student for financial aid, to determine the amount of the financial aid, to determine the conditions that will be imposed regarding the financial aid, or to enforce the terms or conditions of the financial aid.

(6) Accrediting organizations in order to carry out their accrediting functions.

(7) Organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if those studies are conducted in such a manner as will not permit the personal identification of students or their parents by persons other than representatives of those organizations and the information will be destroyed when no longer needed for the purpose for which it is conducted.

(8) (A) Appropriate persons in connection with an emergency if the knowledge of that information is necessary to protect the health or safety of a student or other persons, or subject to any regulations issued by the Secretary of Health, Education, and Welfare.

(B) A person, persons, agency, or organization permitted access to student records pursuant to this section shall not permit access to any information obtained from those records by any other person, persons, agency, or organization, except to the extent permitted under the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and state law, without the written consent of the student, provided that this subparagraph shall not require prior student consent when information obtained pursuant to this section is shared with other persons within the educational institution, agency or organization obtaining access, so long as those persons have a legitimate educational interest in the information.

(b) The alleged victim of any sexual assault or physical abuse, including rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat or assault, or any conduct that threatens the health and safety of the alleged victim, which is the basis of any disciplinary action taken by a community college, shall be permitted access to that information. For the purposes of this subdivision, access to student record information shall be in the form of notice of the results of any disciplinary action by the community college and the results of any appeal, which shall be provided to the alleged victim within three days following that disciplinary action or appeal. The alleged victim shall keep the results of that disciplinary action and appeal confidential.

history: (History: Amended by Stats. 2011, Ch. 7, Sec. 38. (SB 70) Effective March 24, 2011.)

title: 3. POSTSECONDARY EDUCATION

article: 5. Privacy of Student Records


text: Information concerning a student shall be furnished in compliance with a court order or a lawfully issued subpoena. The community college district shall make a reasonable effort to notify the student in advance of compliance with a lawfully issued subpoena and, in the case of compliance with a court order, if lawfully possible within the requirements of the order.

history: (History: Amended by Stats. 1996, Ch. 879, Sec. 4. Effective January 1, 1997.)

title: 3. POSTSECONDARY EDUCATION

article: 5. Privacy of Student Records


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

history: (History: Amended by Stats. 1996, Ch. 879, Sec. 5. Effective January 1, 1997.)

title: 3. POSTSECONDARY EDUCATION

article: 5. Privacy of Student Records


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

title: 3. POSTSECONDARY EDUCATION

article: 5. Privacy of Student Records


text:
(a) The governing board of each community college district shall charge each student a fee pursuant to this section.

(b) (1) The fee prescribed by this section shall be forty-six dollars ($46) per unit per semester, effective with the summer term of the 2012 calendar year.

(2) The board of governors shall proportionately adjust the amount of the fee for term lengths based upon a quarter system, and also shall proportionately adjust the amount of the fee for summer sessions, intersessions, and other short-term courses. In making these adjustments, the board of governors may round the per unit fee and the per term or per session fee to the nearest dollar.

(c) For the purposes of computing apportionments to community college districts pursuant to Section 84750.4 or 84750.5, as applicable, the board of governors shall subtract, from the total revenue owed to each district, 98 percent of the revenues received by districts from charging a fee pursuant to this section.

(d) The board of governors shall reduce apportionments by up to 10 percent to any district that does not collect the fees prescribed by this section.

(e) The fee requirement does not apply to any of the following:

(1) Students enrolled in the noncredit courses designated by Section 84757.

(2) California State University or University of California students enrolled in pretransfer classes provided by a community college district on a campus of the University of California or a campus of the California State University, for whom the district claims an attendance apportionment pursuant to an agreement between the district and the California State University or the University of California.

(3) Students enrolled in credit contract education courses pursuant to Section 78021, if the entire cost of the course, including administrative costs, is paid by the public or private agency, corporation, or association with which the district is contracting and if these students are not included in the calculation of the full-time equivalent students (FTES) of that district.

(f) The governing board of a community college district may exempt special part-time students admitted pursuant to Section 76001 from the fee requirement.

(g) (1) The fee requirements of this section shall be waived for any student who meets all of the following requirements:

(A) Meets minimum academic and progress standards adopted by the board of governors that fulfill the requirements outlined in this paragraph and paragraphs (2) to (5), inclusive. Any minimum academic and progress standards adopted pursuant to this section shall be uniform across all community college districts and campuses. These standards shall not include a maximum unit cap, and community college districts and colleges shall not impose requirements for fee waiver eligibility other than the minimum academic and progress standards adopted by the board of governors and the requirements of subparagraph (B).

(B) Meets one of the following criteria:

(i) At the time of enrollment, is a recipient of benefits under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Payment Program, or a general assistance program.

(ii) Demonstrates eligibility according to income standards established by regulations of the board of governors.

(iii) Demonstrates financial need in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid.

(iv) At the time of enrollment, is a homeless youth or a former homeless youth as defined in subdivision (b) of Section 66025.9.

(2) (A) The board of governors, in consultation with students, faculty, and other key stakeholders, shall consider all of the following in the development and adoption of minimum academic and progress standards pursuant to subparagraph (A) of paragraph (1):

(i) Minimum uniform academic and progress standards that do not unfairly disadvantage financially needy students in pursuing their education.

(ii) Criteria for reviewing extenuating circumstances and granting appeals that, at a minimum, take into account and do not penalize a student for circumstances outside the student’s control, such as reductions in student support services or changes to the economic situation of the student.

(iii) A process for reestablishing fee waiver eligibility that provides a student with a reasonable opportunity to continue or resume the student’s enrollment at a community college.

(B) To ensure that students are not unfairly impacted by the requirements of subparagraph (A) of paragraph (1), the board of governors shall establish a reasonable implementation period that commences no sooner than one year from adoption of the minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1) and that is phased in to provide students adequate notification of this requirement and information about available support resources.

(3) It is the intent of the Legislature that minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) be implemented only as campuses develop and implement the student support services and interventions necessary to ensure no disproportionate impact to students based on ethnicity, gender, disability, or socioeconomic status. The board of governors shall consider the ability of community college districts to meet the requirements of this paragraph before adopting minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1).

(4) It is the intent of the Legislature to ensure that a student shall not lose fee waiver eligibility without a community college campus first demonstrating a reasonable effort to provide a student with adequate notification and assistance in maintaining the student’s fee waiver eligibility. The board of governors shall adopt regulations to implement this paragraph that ensure all of the following:

(A) Students are provided information about the available student support services to assist them in maintaining fee waiver eligibility.

(B) Community college district policies and course catalogs reflect the minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) and that appropriate notice is provided to students before the policies are put into effect.

(C) A student does not lose fee waiver eligibility unless the student has not met minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) for a period of no less than two consecutive academic terms.

(5) The board of governors shall provide notification of a proposed action to adopt regulations pursuant to this subdivision to the appropriate policy and fiscal committees of the Legislature in accordance with the requirements of paragraph (1) of subdivision (a) of Section 70901.5. This notification shall include, but not be limited to, all of the following:

(A) The proposed minimum academic and progress standards and information detailing how the requirements of paragraphs (1) to (4), inclusive, have been or will be satisfied.

(B) How many students may lose fee waiver eligibility by ethnicity, gender, disability, and, to the extent relevant data is available, by socioeconomic status.

(C) The criteria for reviewing extenuating circumstances, granting appeals, and reestablishing fee waiver eligibility pursuant to paragraph (2).

(h) The fee requirements of this section shall be waived for any student who, at the time of enrollment, is a dependent or surviving spouse who has not remarried, of any member of the California National Guard who, in the line of duty and while in the active service of the state, was killed, died of a disability resulting from an event that occurred while in the active service of the state, or is permanently disabled as a result of an event that occurred while in the active service of the state. “Active service of the state,” for the purposes of this subdivision, refers to a member of the California National Guard activated pursuant to Section 146 of the Military and Veterans Code.

(i) The fee requirements of this section shall be waived for any student who is the surviving spouse or the child, natural or adopted, of a deceased person who met all of the requirements of Section 68120 or 68120.3.

(j) The fee requirements of this section shall be waived for any student in an undergraduate program, including a student who has previously graduated from another undergraduate or graduate program, who is the dependent of any individual killed in the September 11, 2001, terrorist attacks on the World Trade Center and the Pentagon or the crash of United Airlines Flight 93 in southwestern Pennsylvania, if that dependent meets the financial need requirements set forth in Section 69432.7 for the Cal Grant A Program and either of the following applies:

(1) The dependent was a resident of California on September 11, 2001.

(2) The individual killed in the attacks was a resident of California on September 11, 2001.

(k) A determination of whether a person is a resident of California on September 11, 2001, for purposes of subdivision (j) shall be based on the criteria set forth in Chapter 1 (commencing with Section 68000) of Part 41 of Division 5 for determining nonresident and resident tuition.

(l) (1) “Dependent,” for purposes of subdivision (j), is a person who, because of the person’s relationship to an individual killed as a result of injuries sustained during the terrorist attacks of September 11, 2001, qualifies for compensation under the federal September 11th Victim Compensation Fund of 2001 (Title IV (commencing with Section 401) of Public Law 107-42).

(2) A dependent who is the surviving spouse of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers provided in this section until January 1, 2013.

(3) A dependent who is the surviving child, natural or adopted, of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers under subdivision (j) until that person attains 30 years of age.

(4) A dependent of an individual killed in the terrorist attacks of September 11, 2001, who is determined to be eligible by the California Victim Compensation Board, is also entitled to the waivers provided in this section until January 1, 2013.

(m) (1) It is the intent of the Legislature that sufficient funds be provided to support the provision of a fee waiver for every student who demonstrates eligibility pursuant to subdivisions (g) to (j), inclusive.

(2) From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to 2 percent of the fees waived pursuant to subdivisions (g) to (j), inclusive. From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to ninety-one cents ($0.91) per credit unit waived pursuant to subdivisions (g) to (j), inclusive. It is the intent of the Legislature that funds provided pursuant to this subdivision be used to support the determination of financial need and delivery of student financial aid services, on the basis of the number of students for whom fees are waived. It also is the intent of the Legislature that the funds provided pursuant to this subdivision directly offset mandated costs claimed by community college districts pursuant to Commission on State Mandates consolidated Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee Waivers). Funds allocated to a community college district for determination of financial need and delivery of student financial aid services shall supplement, and shall not supplant, the level of funds allocated for the administration of student financial aid programs during the 1992–93 fiscal year.

(n) (1) A community college district may use available emergency relief funds provided by the federal government to waive the fee requirements established pursuant to this section for a student who has not paid the fee due to the impacts of the COVID-19 pandemic.

(2) A community college district may use the authorization established pursuant to this subdivision only to waive the fees of students that are unpaid due to the impacts of the COVID-19 pandemic. A participating community college district shall first waive the unpaid fees of low-income students and students from underrepresented communities.

(o) The board of governors shall adopt regulations implementing this section.

history: (History: Amended by Stats. 2022, Ch. 465, Sec. 5. (AB 2973) Effective January 1, 2023.)

title: 3. POSTSECONDARY EDUCATION

chapter: 2. Fees

article: 1. Enrollment Fees and Financial Aid

path: 3. POSTSECONDARY EDUCATION > 7. COMMUNITY COLLEGES > 47. STUDENTS > 2. Fees > 1. Enrollment Fees and Financial Aid


text:
(a) A district shall waive the fees of a student who is exempt from paying nonresident tuition under Section 68130.5, and who otherwise qualifies for a waiver under Section 76300, under regulations and procedures adopted by the board of governors. The Legislature finds and declares that this section is a state law within the meaning of Section 1621(d) of Title 8 of the United States Code.

(b) This section shall become operative on January 1, 2013.

history: (History: Added by Stats. 2011, Ch. 604, Sec. 4. (AB 131) Effective January 1, 2012. Section operative January 1, 2013, by its own provisions.)

title: 3. POSTSECONDARY EDUCATION

article: 1. Enrollment Fees and Financial Aid


text: Notwithstanding any other law, a community college district shall waive the fees of a student who is a victim of trafficking, domestic violence, and other serious crimes who has been granted a status under Section 1101(a)(15)(T)(i) or (ii), or Section 1101(a)(15)(U)(i) or (ii), of Title 8 of the United States Code to the same extent as individuals who are admitted to the United States as refugees under Section 1157 of Title 8 of the United States Code.

history: (History: Added by Stats. 2012, Ch. 509, Sec. 3. (AB 1899) Effective January 1, 2013.)

title: 3. POSTSECONDARY EDUCATION

article: 1. Enrollment Fees and Financial Aid


text:
(a) The governing board of the San Mateo County Community College District may adopt a policy that uses local unrestricted general funds to provide fee waivers to students with the greatest financial need, as determined by the community college district, when other fee waivers are not provided to those students. The policy shall include a requirement to prepare a fiscal impact statement, including a three-year projection of fiscal impact of the fee waiver on the community college district. The fiscal impact statement shall be presented at a public meeting of the governing board of the community college district and made available to the public.

(b) In addition to funding received pursuant to subdivision (b) of Section 76396, the San Mateo County Community College District may use local unrestricted general funds to provide assistance to students for the total cost of attendance.

(c) The San Mateo County Community College District may use local unrestricted general funds for the purposes described in this section only for students who reside within the boundary of the community college district.

(d) On or before March 1, 2026, the governing board of the San Mateo Community College District shall submit a report to the Chancellor’s Office of the California Community Colleges, the Department of Finance, and the appropriate committees of the Legislature on the implementation of this section. The report shall include all of the following:

(1) How the district has determined to use local unrestricted general funds to support implementation of the California College Promise.

(2) How the district has determined to use local unrestricted general funds to assist students with the total cost of attendance.

(3) How the district has determined to use California College Promise funds to assist students with the total cost of attendance.

(4) A copy of the policy adopted by the governing board of the San Mateo Community College District pursuant to subdivision (a).

(5) A copy of the fiscal impact statement prepared pursuant to subdivision (a).

(6) The number and percentage of students receiving a fee waiver pursuant to this section, disaggregated by age, race and ethnicity, unit load, and income level.

(7) The number and percentage of students receiving a California Promise Grant, disaggregated by age, race and ethnicity, unit load, and income level.

(8) The number and percentage of students receiving other forms of institutional aid, including scholarships and grants, disaggregated by age, race and ethnicity, unit load, and income level.

(9) The services and programs that were limited or eliminated due to the implementation of this section.

(e) For purposes of this section, the total cost of attendance for a student attending a community college shall be defined to include the student’s tuition and fees, books and supplies, living expenses, transportation expenses, and any other student expenses used to calculate a student’s financial need for purposes of federal Title IV student aid programs.

(f) This section shall become inoperative on July 1, 2028, and as of January 1, 2029, is repealed.

history: (History: Added by Stats. 2022, Ch. 937, Sec. 1. (SB 893) Effective January 1, 2023. Inoperative July 1, 2028, by its own provisions. Repealed as of January 1, 2029, by its own provisions.)

title: 3. POSTSECONDARY EDUCATION

article: 1. Enrollment Fees and Financial Aid


text:
(a) The governing board of the West Valley-Mission Community College District may adopt a policy that uses local unrestricted general funds to provide fee waivers to students with the greatest financial need, as determined by the community college district, when other fee waivers are not provided to those students. The policy shall include a requirement to prepare a fiscal impact statement, including a three-year projection of the fiscal impact of the fee waiver on the community college district. The fiscal impact statement shall be presented at a public meeting of the governing board of the community college district and made available to the public.

(b) In addition to funding received pursuant to subdivision (b) of Section 76396, the West Valley-Mission Community College District may use local unrestricted general funds to provide assistance to students for the total cost of attendance.

(c) The West Valley-Mission Community College District may use local unrestricted general funds for the purposes described in this section only for students who reside within the boundary of the community college district.

(d) On or before March 1, 2028, the governing board of the West Valley-Mission Community College District shall submit a report to the office of the Chancellor of the California Community Colleges, the Department of Finance, and the appropriate committees of the Legislature on the implementation of this section. The report shall include all of the following:

(1) How the district has determined to use local unrestricted general funds to support implementation of the California College Promise.

(2) How the district has determined to use local unrestricted general funds to assist students with the total cost of attendance.

(3) How the district has determined to use California College Promise funds to assist students with the total cost of attendance.

(4) A copy of the policy adopted by the governing board of the West Valley-Mission Community College District pursuant to subdivision (a).

(5) A copy of the fiscal impact statement prepared pursuant to subdivision (a).

(6) The number and percentage of students receiving a fee waiver pursuant to this section, disaggregated by age, race and ethnicity, unit load, and income level.

(7) The number and percentage of students receiving a California Promise Grant, disaggregated by age, race and ethnicity, unit load, and income level.

(8) The number and percentage of students receiving other forms of institutional aid, including scholarships and grants, disaggregated by age, race and ethnicity, unit load, and income level.

(9) The services and programs that were limited or eliminated due to the implementation of this section.

(e) For purposes of this section, the total cost of attendance for a student attending a community college shall be defined to include the student’s tuition and fees, books and supplies, living expenses, transportation expenses, and any other student expenses used to calculate a student’s financial need for purposes of federal Title IV student aid programs.

(f) This section shall become inoperative on July 1, 2030, and, as of January 1, 2031, is repealed.

history: (History: Amended by Stats. 2025, Ch. 67, Sec. 67. (AB 1170) Effective January 1, 2026. Inoperative July 1, 2030, by its own provisions. Repealed as of January 1, 2031, by its own provisions.)

title: 3. POSTSECONDARY EDUCATION

article: 1. Enrollment Fees and Financial Aid


text: Except as provided in Section 3074.7 of the Labor Code, no charges or fees shall be required to be paid by a resident or nonresident apprentice, or by his or her parent or guardian, for admission or attendance in any course of activity or community college course that is offered pursuant to Section 3074 of the Labor Code in accordance with the instructional hours requirements and course requirements specified in Section 3078 of the Labor Code.

history: (History: Amended by Stats. 2018, Ch. 33, Sec. 21. (AB 1809) Effective June 27, 2018.)

title: 3. POSTSECONDARY EDUCATION

article: 2. Authorized Fees

path: 3. POSTSECONDARY EDUCATION > 7. COMMUNITY COLLEGES > 47. STUDENTS > 2. Fees > 2. Authorized Fees


text:
(a) (1) The governing board of a district maintaining a community college may require community college students to pay a fee in the total amount of not more than ten dollars ($10) for each semester, seven dollars ($7) for summer school, seven dollars ($7) for each intersession of at least four weeks, or seven dollars ($7) for each quarter for health supervision and services, including direct or indirect medical and hospitalization services, or the operation of a student health center or centers, or both.

(2) The governing board of each community college district may increase this fee by the same percentage increase as the Implicit Price Deflator for State and Local Government Purchase of Goods and Services. Whenever that calculation produces an increase of one dollar ($1) above the existing fee, the fee may be increased by one dollar ($1).

(b) If, pursuant to this section, a fee is required, the governing board of the district shall decide the amount of the fee, if any, that a part-time student is required to pay. The governing board may decide whether the fee shall be mandatory or optional.

(c) The governing board of a district maintaining a community college shall adopt rules and regulations that exempt the following students from any fee required pursuant to subdivision (a):

(1) Students who depend exclusively upon prayer for healing in accordance with the teachings of a bona fide religious sect, denomination, or organization.

(2) Students who are attending a community college under an approved apprenticeship training program.

(d) (1) All fees collected pursuant to this section shall be deposited in the fund of the district designated by the California Community Colleges Budget and Accounting Manual. These fees shall be expended only to provide health services as specified in regulations adopted by the board of governors.

(2) Authorized expenditures shall not include, among other things, athletic trainers’ salaries, athletic insurance, medical supplies for athletics, physical examinations for intercollegiate athletics, ambulance services, the salaries of health professionals for athletic events, any deductible portion of accident claims filed for athletic team members, or any other expense that is not available to all students. No student shall be denied a service supported by student health fees on account of participation in athletic programs.

(e) Any community college district that provided health services in the 1986–87 fiscal year shall maintain health services, at the level provided during the 1986–87 fiscal year, and each fiscal year thereafter. If the cost to maintain that level of service exceeds the limits specified in subdivision (a), the excess cost shall be borne by the district.

(f) A district that begins charging a health fee may use funds for startup costs from other district funds, and may recover all or part of those funds from health fees collected within the first five years following the commencement of charging the fee.

(g) The board of governors shall adopt regulations that generally describe the types of health services included in the health service program.

history: (History: Amended by Stats. 2005, Ch. 320, Sec. 2. Effective January 1, 2006.)

title: 3. POSTSECONDARY EDUCATION

article: 2. Authorized Fees


text:
(a) (1) The governing board of a community college district may require students in attendance and employees of the district to pay a fee, in an amount, not to exceed fifty dollars ($50) per semester and twenty-five dollars ($25) per intersession, to be established by the board, for parking services. The fee shall only be required of students and employees using parking services and shall not exceed the actual cost of providing parking services.

(2) To encourage ridesharing and carpooling, the fee shall not exceed thirty-five dollars ($35) per semester and fifteen dollars ($15) per intersession for a student who certifies, in accordance with procedures established by the board, that he or she regularly has two or more passengers commuting to the community college with him or her in the vehicle parked at the community college.

(3) The governing board of each community college district may increase the fee limits imposed by this subdivision by the same percentage increase as the Implicit Price Deflator for State and Local Government Purchases of Goods and Services published by the United States Department of Commerce. The fees may be increased annually up to the next whole dollar increment above the existing fee limit that calculation produces.

(b) (1) The governing board may require payment of a parking fee at a campus in excess of the limits set forth in subdivision (a) for the purpose of funding the construction of on-campus parking facilities if both of the following conditions exist at the campus:

(A) The full-time equivalent student (FTES) per parking space on the campus exceeds the statewide average FTES per parking space on community college campuses.

(B) The market price per square foot of land adjacent to the campus exceeds the statewide average market price per square foot of land adjacent to community college campuses.

(2) If the governing board requires payment of a parking fee in excess of the limits set forth in subdivision (a), the fee may not exceed the actual cost of constructing a parking structure.

(c) Students who receive financial assistance pursuant to any programs described in subdivision (g) of Section 76300 shall be exempt from parking fees imposed pursuant to this section that exceed thirty dollars ($30) per semester.

(d) The governing board of a community college district may also require the payment of a fee, to be established by the governing board, for the use of parking services by persons other than students and employees.

(e) All parking fees collected shall be deposited in the designated fund of the district in accordance with the California Community Colleges Budget and Accounting Manual, and shall be expended only for parking services or for purposes of reducing the costs to students and employees of the college of using public transportation to and from the college.

(f) Fees collected for use of parking services provided for by investment of student body funds under the authority of Section 76064 shall be deposited in a designated fund in accordance with the California Community Colleges Budget and Accounting Manual for repayment to the student organization.

(g) “Parking services,” as used in this section, means the purchase, construction, and operation and maintenance of parking facilities for vehicles and motor vehicles as defined by Sections 415 and 670 of the Vehicle Code.

history: (History: Amended by Stats. 2011, Ch. 245, Sec. 1. (SB 774) Effective January 1, 2012.)

title: 3. POSTSECONDARY EDUCATION

article: 2. Authorized Fees


text:
(a) The governing board of a community college district may require students in attendance and employees at a campus of the district to pay a fee for purposes of partially or fully recovering transportation costs incurred by the district or of reducing fares for services provided by common carriers or municipally owned transit systems to these students and employees.

(b) Fees authorized by subdivision (a) for transportation services may be required to be paid only by students and employees using the services, or, in the alternative, by any of the following groups of people:

(1) Upon the favorable vote of a majority of the students and a majority of the employees of a campus of the district, who voted at an election on the question of whether or not the governing board should require all students and employees at the campus to pay a fee for transportation services for a period of time to be determined by the governing board of the district, the fees may be required to be paid by all students, other than those students who are exempt from the fees pursuant to subdivision (c), and all employees of the campus of the community college district.

(2) Upon the favorable vote of a majority of the students at a campus of the district, who voted at an election on the question of whether or not the governing board should require all students to pay a fee for transportation services for a period of time to be determined by the governing board of the district, the fees may be required to be paid by all students, other than those students who are exempt from the fees pursuant to subdivision (c), at the campus of the community college district. However, the employees shall not be entitled to use the services.

(3) Upon the favorable vote of a majority of the students at a campus of the district taking a specified number of course credits for a specified duration, to be determined by the governing board, who voted at an election on the question of whether or not the governing board should require all students taking that prescribed number of course credits to pay a fee for transportation services for a period of time to be determined by the governing board of the district, the fees may be required to be paid by those students taking the prescribed number of course credits, except those students who are exempt from the fees pursuant to subdivision (c), at the campus of the community college district. However, the employees shall not be entitled to use the services.

(c) If a fee is required of students for transportation services pursuant to paragraph (1) or (2) of subdivision (b), the fee required of a part-time student shall be a pro rata lesser amount than the fee charged to full-time students, depending on the number of units for which the part-time student is enrolled. Notwithstanding any other law, the governing board of a community college district that provides for transportation services may adopt rules and regulations to exempt low-income students from this fee, or to require low-income students to pay all or part of this fee.

(d) Notwithstanding any other law:

(1) The governing board of a community college district to which this section applies shall not enter into, or extend, a contract for transportation services provided by a common carrier or a municipally owned transit system, funded by the proceeds of a fee authorized under this section, unless and until a majority of the students of that district, or campus of that district, as appropriate, who vote in an election, held no more than 10 years prior to the date of the expiration of the contract proposed to be entered into or no more than 10 years prior to the date to which it is proposed that an existing contract be extended, have approved the payment of the fee for this purpose.

(2) An election held pursuant to this section shall be held in accordance with regulations adopted by the board of governors to ensure that the election is publicly noticed and that all students of that district or campus of that district, as appropriate, including full-time, part-time, evening, and weekend students, have an opportunity to vote in the election.

(3) If the governing board of a community college district decides to seek to terminate or alter the arrangements under which the district receives transportation services from a common carrier or municipally owned transit system, the governing board shall provide at least 12 months’ notice of that intention to the provider of transportation services.

(e) (1) The total fees to be established periodically by the governing board pursuant to this section shall not exceed the amount necessary to reimburse the district for transportation costs incurred by the district in providing the transportation service. The sum of the fee authorized pursuant to this section for transportation services and the fee authorized pursuant to Section 76360 for parking services shall not exceed seventy dollars ($70) per semester or thirty-five dollars ($35) per intersession, or the proportionate equivalent for part-time enrollment.

(2) The governing board of each community college district may increase the fee limits imposed by this subdivision by the same percentage increase as the Implicit Price Deflator for State and Local Government Purchases of Goods and Services published by the United States Department of Commerce. The fees may be increased annually up to the next whole dollar increment above the existing fee limit that calculation produces.

(f) The governing board of a community college district also may require the payment of a fee, to be fixed by the governing board, for the use of transportation services by persons other than students and employees.

(g) This section does not apply to, and a fee shall not be charged for, on-campus shuttles or other transportation services operated on a campus or between the campus and parking facilities owned by the district.

history: (History: Amended by Stats. 2014, Ch. 63, Sec. 1. (AB 2445) Effective January 1, 2015.)

title: 3. POSTSECONDARY EDUCATION

article: 2. Authorized Fees


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

history: (History: Added by Stats. 1993, Ch. 8, Sec. 34. Effective April 15, 1993.)

title: 3. POSTSECONDARY EDUCATION

article: 2. Authorized Fees


text:
The governing board of a community college district may authorize a person to audit a community college course and may charge that person a fee pursuant to this section.

(a) If a fee for auditing is charged, it shall not exceed fifteen dollars ($15) per unit per semester.

The governing board shall proportionately adjust the amount of the fee for term lengths based upon a quarter system or other alternative system approved pursuant to regulations of the board of governors, and shall also proportionately adjust the amount of the fee for summer sessions, intersessions, and other short-term courses. In making these adjustments, the governing board may round the per unit fee and the per term or per session fee to the nearest dollar.

(b) Students enrolled in classes to receive credit for 10 or more semester credit units shall not be charged a fee to audit three or fewer semester units per semester.

(c) No student auditing a course shall be permitted to change his or her enrollment in that course to receive credit for the course.

(d) Priority in class enrollment shall be given to students desiring to take the course for credit towards a degree or certificate.

(e) Classroom attendance of students auditing a course shall not be included in computing the apportionment due a community college district.

history: (History: Amended by Stats. 1995, Ch. 758, Sec. 100. Effective January 1, 1996.)

title: 3. POSTSECONDARY EDUCATION

article: 2. Authorized Fees


text:
(a) (1) The governing board of a community college district may establish an annual building and operating fee for the purpose of financing, constructing, enlarging, remodeling, refurbishing, and operating a student body center, which fee shall be required of all students attending a community college where the student body center is to be located.

(2) The fee shall be imposed by the governing board, at its option, only after a favorable vote of two-thirds of the students voting in an election held for that purpose at a community college, in the manner prescribed by the Board of Governors of the California Community Colleges, and open to all regular students enrolled in credit classes at the community college. The election shall occur on a regularly scheduled college day and at least 20 percent of the students enrolled in credit classes as of October 1 of the college year during which the election is held must cast a ballot for the election to be declared valid.

(3) The annual building and operating fee shall not exceed one dollar ($1) per credit hour, up to a maximum of ten dollars ($10) per student per fiscal year. The fee requirement shall not apply to students enrolled in the noncredit courses designated by Section 84757. The fee requirement shall not apply to a student who is a recipient of the benefits under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Program, or the General Assistance program.

(4) The fee authorized by this section shall be supplemental to all other fees charged to community college students.

(5) If fee income is used to retire obligations the district incurs when it uses a revenue bond to construct a student center, the fee shall remain in effect at least until the bond obligation is retired.

(b) Each community college district shall be responsible for the custody of the moneys collected pursuant to this section, and shall provide the necessary accounting records and controls thereof. The district shall be reimbursed from these funds in an amount to cover the cost of custodial and accounting services provided by the district in connection with these funds. These funds may be expended by the district only upon submission and approval of the appropriate claim schedule by the student government or its designee.

(c) All unexpended funds and money collected by any community college district pursuant to this section shall be available for financing, constructing, enlarging, remodeling, refurbishing, and operating a student body center, and until so used, shall, subject to the approval of the student government, be deposited or invested in trust by the appropriate district official in any one or more of the following ways:

(1) Deposits in trust accounts of a bank or banks whose accounts are insured by the Federal Deposit Insurance Corporation.

(2) Investment certificates or withdrawable shares in state chartered savings and loan associations and savings accounts of federal savings and loan associations, if the associations are doing business in this state and have their accounts insured by the Federal Savings and Loan Insurance Corporation.

(3) Purchase of any of the securities authorized for investment by Section 16430 of the Government Code.

(4) Participation funds that are exempt from federal income tax pursuant to Section 501(c)(3) of Title 26 of the United States Code and that are open exclusively to nonprofit colleges, universities, and independent schools.

(5) Investment certificates or withdrawable shares in federal or state credit unions, if the credit unions are doing business in this state and have their accounts insured by the National Credit Union Administration, and if any money so invested or deposited is invested or deposited in certificates, shares, or accounts fully recovered by that insurance.

(6) Deposits with the county treasurer of the county in which the district is located.

(d) The student government of a community college with an annual building and operating fee pursuant to this section shall determine the appropriate uses of the fee income and the student body center facility itself.

history: (History: Amended by Stats. 2005, Ch. 654, Sec. 15. Effective October 7, 2005.)

title: 3. POSTSECONDARY EDUCATION

article: 2. Authorized Fees


text:
(a) An adult enrolled in a noncredit course shall not be required by the governing board of the district maintaining the class to pay nonresident tuition or any fee or charge of any kind for a class in English and citizenship for foreigners, a class in an elementary subject, a class designated by the governing board as a class for which high school credit is granted when the class is taken by a person who does not hold a high school diploma, or any class offered by a community college district pursuant to Section 8531, 8532, 8533, or 8534.

(b) The full-time equivalent student of adults in classes described in subdivision (a) shall be computed as prescribed by regulations of the board of governors.

history: (History: Amended by Stats. 1995, Ch. 758, Sec. 101. Effective January 1, 1996.)

title: 3. POSTSECONDARY EDUCATION

article: 2. Authorized Fees


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

title: 3. POSTSECONDARY EDUCATION

article: 2. Authorized Fees


text: The governing board of a community college district may impose a fee on a participating student for the additional expenses incurred when physical education courses are required to use nondistrict facilities.

title: 3. POSTSECONDARY EDUCATION

article: 2. Authorized Fees


text:
(a) The California College Promise is hereby established, to be administered by the Chancellor of the California Community Colleges.

(b) (1) Upon appropriation by the Legislature, the chancellor shall distribute funding to community college districts to fund colleges that satisfy the requirements of this article.

(2) (A) The chancellor shall establish a funding formula that advances the goals outlined in Section 76396.1.

(B) It is the intent of the Legislature that sufficient funding be allocated to each community college to waive all student fees pursuant to subdivision (b) of Section 76396.3.

(C) The funding formula established pursuant to subparagraph (A) shall, for funding appropriated for this article in excess of the funding determined pursuant to subparagraph (B), include, but not be limited to, both of the following factors:

(i) Number of full-time equivalent students at a community college.

(ii) Number of students at a community college who satisfy the requirements to receive federal Pell Grants and the requirements in Section 68130.5.

(c) For purposes of this article, “chancellor” means the Chancellor of the California Community Colleges.

history: (History: Added by Stats. 2017, Ch. 735, Sec. 1. (AB 19) Effective January 1, 2018.)

title: 3. POSTSECONDARY EDUCATION

article: 3. California College Promise

path: 3. POSTSECONDARY EDUCATION > 7. COMMUNITY COLLEGES > 47. STUDENTS > 2. Fees > 3. California College Promise


text:
It is the intent of the Legislature that the California College Promise support the California Community Colleges in accomplishing all of the following goals:

(a) Increasing the number and percentage of high school students who are prepared for and attend college directly from high school and increasing the percentage of high school graduates who are placed directly into transfer-level mathematics and English courses at a community college.

(b) Increasing the percentage of students who earn associate degrees or career technical education certificates that prepare them for in-demand jobs and increasing the percentage of students who report being employed in their field of study.

(c) Increasing the percentage of students who successfully transfer from a community college to the California State University or the University of California and increasing the percentage of students who graduate from college with a baccalaureate degree.

(d) Reducing and eliminating regional achievement gaps and achievement gaps for students from groups that are underrepresented at the California Community Colleges, including, but not limited to, underrepresented students, low-income students, students who are current or former foster youth, students with disabilities, formerly incarcerated students, undocumented students, students meeting the requirements of Assembly Bill 540 of the 2001–2002 Regular Session of the Legislature, and students who are veterans.

(e) Addressing the ongoing crisis of basic needs insecurity among community college students, including, but not limited to, high levels of food and housing insecurity.

(f) Encouraging students with some prior college experience but who never completed a degree or certificate to return to college and complete their educations.

(g) Ensuring broad awareness of the benefits of the California College Promise program by informing prospective students that they may attend community college tuition-free and providing information about the on-campus services and support programs available to help students succeed in college.

history: (History: Amended by Stats. 2022, Ch. 54, Sec. 24. (AB 183) Effective June 30, 2022.)

title: 3. POSTSECONDARY EDUCATION

article: 3. California College Promise


text:
As a condition of participating in, and receiving funding for, the California College Promise, community colleges and community college districts shall advance the goals outlined in Section 76396.1. These conditions shall include all of the following:

(a) Partnering with one or more local educational agencies to establish an Early Commitment to College Program that is consistent with the intent of former Article 6.3 (commencing with Section 54710) of Chapter 9 of Part 29 of Division 4 of Title 2 to provide K–12 students and families assistance that includes, but is not limited to, learning about college opportunities, visiting campuses, taking and completing college preparatory courses, and applying for college and financial aid.

(b) Partnering with one or more local educational agencies to support and improve high school student preparation for college and reduce postsecondary remediation through practices that may include, but shall not be limited to, small learning communities, concurrent enrollment, and other evidence-based practices.

(c) Using evidence-based assessment and placement practices at the community college that comply with Section 78213 and include multiple measures of student performance, which shall include, among other measures, overall grade point averages, including grades in high school courses, and using evidence-based practices to improve outcomes for underprepared students.

(d) Participating in the California Community College Guided Pathways Grant Program established pursuant to Part 54.81 (commencing with Section 88920) in order to clarify the academic path for students, help students enter a pathway, help students stay on an academic path, and ensure that students are learning.

(e) Maximizing student access to need-based financial aid by leveraging the Board of Governors fee waiver established under Section 76300, commonly known as the California Promise Grant, ensuring that students complete the Free Application for Federal Student Aid, Cal Grant application, or Dream Act application, and participating in a federal loan program authorized under Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.). On or before January 1, 2018, a community college that does not participate in the federal loan program shall be provisionally eligible to participate in the California College Promise for one calendar year. The community college shall comply with the federal loan participation requirements in order to participate in the California College Promise on or after January 1, 2019.

(f) Maximizing available resources to address student basic needs, through the provision of basic needs services and resources, as defined in Section 66023.5. This condition may be met, at a minimum, by establishing a formal program to partner with county human services agencies, including with the staff liaison to institutions of higher education designated pursuant to Section 10006 of the Welfare and Institutions Code. This partnership may occur through the Basic Needs Center established pursuant to Section 66023.5.

history: (History: Amended by Stats. 2022, Ch. 54, Sec. 25. (AB 183) Effective June 30, 2022.)

title: 3. POSTSECONDARY EDUCATION

article: 3. California College Promise


text:
(a) A community college that has been certified by the chancellor as meeting the conditions established under Section 76396.2 shall receive funding pursuant to Section 76396.

(b) (1) The community college may use funding appropriated pursuant to this article to waive some or all of the fees for first-time community college students and returning community college students who are enrolled at the college full time, and who complete and submit either a Free Application for Federal Student Aid or a California Dream Act application, except that a student who has previously earned a degree or certificate from a postsecondary educational institution is not eligible for this fee waiver. A fee waiver that a first-time community college student or returning community college student receives pursuant to this subdivision shall only be for two academic years, and fees shall only be waived for the summer term and each semester or quarter of an academic year in which the student maintains full-time status. A fee waiver provided pursuant to this subdivision shall not be available to a student who is charged a tuition fee pursuant to Section 76140.

(2) Notwithstanding paragraph (1), a student who is a member of the Armed Forces of the United States and is called to duty compelling the student to take a leave of absence pursuant to provisions of Title 10, Title 14, or Title 32 of the United States Code, or to state-funded active duty on order of the Governor, may withdraw from participation in the California College Promise and resume participation in the program upon the student’s return from duty without losing eligibility for the fee waiver or any other benefit of the program. The time during which the student was obliged to withdraw because of active duty shall not count toward the limit of the period of that student’s eligibility for participation in the California College Promise.

(3) Notwithstanding paragraph (1), a high school pupil who enrolls in community college pursuant to Section 48800, 52620, or 76004 shall be considered a first-time community college student for purposes of paragraph (1) upon the student’s enrollment in community college after high school graduation.

(c) For purposes of this section, the following terms have the following meanings:

(1) “Academic year” means the total of the summer term that immediately precedes the first semester or quarter of the fall term, and the two consecutive semesters or three quarters that immediately follow that summer term. Each semester or quarter is approximately the same length.

(2) “Armed Forces of the United States” means the United States Air Force, Army, Coast Guard, Marine Corps, Space Force, and Navy, and the reserve components of each of those forces, and the California National Guard, the California State Guard, and the California Naval Militia.

(3) (A) Except as provided in subparagraph (B), “full time” means 12 or more semester units or the equivalent.

(B) A student enrolled in fewer than 12 units may be deemed “full time” at the discretion of the institution if the student has been certified as “full time” by a staff person in the disabled student services program at the institution who is qualified to make such a designation.

(4) “Returning community college student” means a student who has taken a break of one or more semesters, or the equivalent quarters.

(d) It is the intent of the Legislature that funding provided to support the California College Promise be used by the community college to advance the goals outlined in Section 76396.1.

(e) On or before July 1, 2024, the chancellor’s office shall submit a report to the Legislature in compliance with Section 9795 of the Government Code evaluating the use of funding for the California College Promise to waive student fees. The report shall determine whether the goals outlined in Section 76396.1 are being met.

(f) The chancellor’s office may require community colleges and community college districts receiving funding pursuant to this article to report on an annual basis the use of these funds consistent with the conditions of Section 76396.2. Funding during the following academic year may only be distributed to those community colleges and community college districts that provided this information, if required by the chancellor’s office, in a timely manner during the prior academic year and demonstrated compliance with the requirements of Section 76396.2 and this subdivision.

history: (History: Amended by Stats. 2023, Ch. 102, Sec. 1. (AB 1342) Effective January 1, 2024.)

title: 3. POSTSECONDARY EDUCATION

article: 3. California College Promise


text: The board of governors may adopt regulations implementing this section.

title: 3. POSTSECONDARY EDUCATION

article: 3. California College Promise


text: The governing board of any community college district shall make such rules for the examination of the students in the community colleges under its jurisdiction as will ensure proper care of the students and proper secrecy in connection with any defect noted by the supervisor of health, or his or her assistant, and may tend to the correction of the physical defect.

history: (History: Repealed and added by Stats. 1981, Ch. 470, Sec. 130.)

title: 3. POSTSECONDARY EDUCATION

article: 1. General Provisions

path: 3. POSTSECONDARY EDUCATION > 7. COMMUNITY COLLEGES > 47. STUDENTS > 3. Student Health Services and Supervision > 1. General Provisions


text:
(a) Notwithstanding any other provision of law, the governing board of any community college district shall cooperate with the local health officer in measures necessary for the prevention and control of communicable diseases in students.

(b) A registered nurse, acting under the direction of a supervising physician and surgeon, may perform immunization techniques within the course of a school immunization program provided that the administration of an immunizing agent is upon the standing orders of a supervising physician and surgeon and in accordance with written regulations which the State Department of Health Services may adopt pursuant to Section 303.5 of the Health and Safety Code.

(c) While nothing in this section shall be construed to require the physical presence of the supervising physician and surgeon, the supervising physician and surgeon under whose direction the registered nurse is acting shall require the nurse to:

(1) Satisfactorily demonstrate competence in the administration of immunizing agents, including knowledge of all indications and contraindications for the administration of these agents, and in the recognition and treatment of any emergency reactions to agents which constitute a danger to the health or life of the person receiving the immunizations; and

(2) Possess medications and equipment required, in the medical judgment of the supervising physician and surgeon, to treat any emergency conditions and reactions caused by the immunizing agents and which constitute a danger to the health or life of the person receiving the immunization, and to demonstrate the ability to administer the medications and to utilize the equipment as necessary.

history: (History: Amended by Stats. 1990, Ch. 1372, Sec. 447.5.)

title: 3. POSTSECONDARY EDUCATION

chapter: 3. Student Health Services and Supervision

article: 1. General Provisions


text:
(a) Notwithstanding any provision of any law, no community college district, officer of any community college district, college president or superintendent, physician, or hospital treating any minor enrolled in any school in any district shall be held liable for the reasonable treatment of a minor without the consent of a parent or guardian of the child when the minor is ill or injured during regular schools hours, requires reasonable medical treatment, and the parent or guardian cannot be reached, unless the parent or guardian has previously filed with the district a written objection to any medical treatment other than first aid.

(b) Notwithstanding any provision of any law, no physician and surgeon who in good faith and without compensation renders voluntary emergency medical assistance to a participant in a community college athletic event or contest at the site thereof, or during transportation to a health care facility, for an injury suffered in the course of the event or contest, shall be liable for any civil damages as a result of any acts or omissions by the physician and surgeon in rendering the emergency medical care. The immunity granted by this paragraph shall not apply in the event of an act or omission constituting gross negligence.

history: (History: Amended by Stats. 1990, Ch. 1372, Sec. 449.)

title: 3. POSTSECONDARY EDUCATION

article: 1. General Provisions


text:
(a) (1) The governing board of a community college district, prior to establishing a vocational or occupational training program, shall conduct a job market study of the labor market area, as those terms are defined in Section 52301.5, in which it proposes to establish the program. The study shall use the State-Local Cooperative Labor Market Information Program established in Section 10533 of the Unemployment Insurance Code, or if this program is not available in the labor market area, other available sources of labor market information. The study shall include a California Occupational Information System supply analysis of existing vocational and occupational education or training programs for adults maintained by high schools, community colleges, and private postsecondary schools in the area to ensure that the anticipated employment demand for students in the proposed programs justifies the establishment of the proposed courses of instruction.

(2) The governing board of the community college district shall make copies of each job market study available to the public.

(b) Subsequent to completing the study required by this section and prior to establishing the program, the governing board of the community college district shall determine whether or not the study justifies the proposed vocational education program.

(c) If the governing board of the community college district determines that the job market study justifies the initiation of the proposed program, it shall determine, by resolution, whether the program shall be offered through the district’s own facilities or through a contract with an approved private postsecondary school pursuant to Section 8092.

history: (History: Amended by Stats. 1998, Ch. 365, Sec. 1. Effective January 1, 1999.)

title: 3. POSTSECONDARY EDUCATION

chapter: 1. Education Programs

article: 1. General Provisions

path: 3. POSTSECONDARY EDUCATION > 7. COMMUNITY COLLEGES > 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS > 1. Education Programs > 1. General Provisions


text:
(a) Every vocational or occupational training program offered by a community college district shall be reviewed every two years by the governing board of the district to ensure that each program, as demonstrated by the California Occupational Information System, including the State-Local Cooperative Labor Market Information Program established in Section 10533 of the Unemployment Insurance Code, or if this program is not available in the labor market area, other available sources of labor market information, does all of the following:

(1) Meets a documented labor market demand.

(2) Does not represent unnecessary duplication of other manpower training programs in the area.

(3) Is of demonstrated effectiveness as measured by the employment and completion success of its students.

(b) Any program that does not meet the requirements of subdivision (a) and the standards promulgated by the governing board shall be terminated within one year.

(c) The review process required by this section shall include the review and comments by the local Private Industry Council established pursuant to Division 8 (commencing with Section 15000) of the Unemployment Insurance Code, which review and comments shall occur prior to any decision by the appropriate governing body.

(d) This section shall apply to each program commenced subsequent to July 28, 1983.

(e) A written summary of the findings of each review shall be made available to the public.

history: (History: Amended by Stats. 1998, Ch. 365, Sec. 2. Effective January 1, 1999.)

part: 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS

title: 3. POSTSECONDARY EDUCATION

article: 1. General Provisions


text:
The Legislature finds and declares all of the following:

(a) Agriculture is one of the most important industries in California, contributing over sixty-five billion dollars ($65,000,000,000) annually to the state’s economic activity.

(b) Agricultural education programs within the California Community Colleges system can, and do, play an important role in providing relevant workforce training as well as college and university transfer options for students.

(c) Among the purposes of the California Community Colleges Agriculture and Natural Resources Advisory Committee is the development of recommendations for improving and enhancing community college agricultural education programs on a statewide basis.

(d) It is in the best interests of the public that programs in agricultural education that exist within the California Community Colleges system be measured annually against uniform, objective quality criteria indicators.

history: (History: Added by Stats. 2005, Ch. 362, Sec. 1. Effective January 1, 2006.)

title: 3. POSTSECONDARY EDUCATION

path: 3. POSTSECONDARY EDUCATION > 7. COMMUNITY COLLEGES > 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS > 1. Education Programs > 1.3. Agricultural Education Program Quality Criteria


text:
(a) The California Community Colleges Agriculture and Natural Resources Advisory Committee shall identify and develop quality program criteria that may be used to uniformly evaluate the effectiveness of the agricultural education programs in community colleges throughout California. These criteria shall be developed in consultation with instructors, administrators, students, industry representatives, and other interested parties, and shall build upon the local program evaluation document previously developed by the advisory committee. These criteria shall be submitted, no later than June 30, 2007, in a written report to the Chancellor of the California Community Colleges and the Legislature.

(b) The California Community Colleges Agriculture and Natural Resources Advisory Committee shall perform all of the activities specified in subdivision (a) within the allotment of funding provided to the advisory committee under the federal Carl D. Perkins Vocational and Technical Education Act (VTEA). Under no circumstances shall these activities result in a state operations request for General Fund support or displace any other VTEA-funded state operations activities within the office of the Chancellor of the California Community Colleges.

title: 3. POSTSECONDARY EDUCATION

article: 1.3. Agricultural Education Program Quality Criteria


text:
(a) As a condition of federal funds provided under the Carl D. Perkins Vocational and Applied Technology Act of 1998 (20 U.S.C. Sec. 2301 et seq.) or any successor thereof, and to the extent permitted by federal law, a community college shall develop a plan for enabling the development of course sequences that span courses provided in grades 7 to 12, inclusive, courses provided by regional occupational centers or programs, and courses provided by community college vocational education programs. The community college shall consult with the school districts and regional occupational centers or programs in the area served by the college, and with the relevant local workforce investment board, in the development of the plan. The plan shall do all of the following:

(1) Identify the occupational areas in which the college and high schools or regional occupational centers and programs offer instruction.

(2) Describe the plan the community college will follow to create the sequences required under subdivision (c) of Section 52302.

(3) Establish an institutionwide process and criteria for awarding community college credit for vocational courses taken by pupils in high school or through the regional occupational center or program.

(b) The plan shall be adopted by the governing board of the community college district on or before July 1, 2008. Copies of the plan shall be submitted to the appropriate school districts and regional occupational centers or programs, and the chancellor.

history: (History: Added by Stats. 2006, Ch. 572, Sec. 25. Effective January 1, 2007.)

title: 3. POSTSECONDARY EDUCATION

path: 3. POSTSECONDARY EDUCATION > 7. COMMUNITY COLLEGES > 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS > 1. Education Programs > 1.4. Vocational Education Coordination Plan