Legal Update California Community Colleges Office of the General

advertisement
Legal Update
California Community Colleges
Office of the General Counsel
legalaffairs@cccco.edu
(916) 445-4826
January 2012
This Legal Update focuses on new legislation which was enacted in 2011. Unless otherwise
stated, all legislation took effect on January 1, 2012.
ACADEMIC AFFAIRS
Stand-alone Course Approval (AB 1029)
This bill amended Education Code sections 70901 and 70902 to extend the authority (and
related reporting requirements) of local community college governing boards to approve standalone credit courses that are not part of an educational program, without first obtaining the
approval of the Board of Governors of the California Community Colleges. The extension was
only for one year, from January 1, 2013, to January 1, 2014.
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_10011050/ab_1029_bill_20110725_chaptered.pdf
Curriculum Integration (SB 611)
This bill added section 66205.6 to the Education Code requesting that the Regents of the
University of California, subject to availability of funds, establish and maintain the University of
California Curriculum Integration Institute (UCCII). One purpose of the UCII is to facilitate
statewide collaboration and innovation among secondary level teachers, faculty, and
instructors from various disciplines from the University of California, the California State
University, the California Community Colleges, private higher education institutions, and
statewide career technical education associations. Another purpose is to provide pupils with
course content and experience within priority industry sectors among those identified in the
California Career Technical Education Model Curriculum Standards as adopted by the State
Board of Education. The UCCII would also develop, disseminate, and promote career-oriented,
integrated academic and technical education courses that meet course requirements for
admission to the University of California and the California State University, and align with highpriority industry sectors among those identified in the California Career Technical Education
Model Curriculum Standards as adopted by the state board.
2011 Legal Update
1
January 2012
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_06010650/sb_611_bill_20111008_chaptered.pdf
Ethnic Studies Programs (ACR 34)
This resolution formally endorses the invaluable work of California’s ethnic studies programs
and their faculty, staff, and students, recognizes the leadership provided by the beneficiaries of
those programs, and supports the continuation of ethnic studies programs in California's
institutions of higher education.
For the text of this resolution, please see: http://www.leginfo.ca.gov/pub/1112/bill/asm/ab_0001-0050/acr_34_bill_20110728_chaptered.pdf
STUDENT SERVICES
Common Assessment (AB 743)
This bill added Education Code section 78219 to require the California Community College
Board of Governors to establish a common assessment system to be used for the purposes of
placement and advisement. The California Community College Chancellor's Office is required to
purchase a currently commercially available and centrally delivered system of student
assessment to be used as one of multiple measures, as specified in section 78219.
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_07010750/ab_743_bill_20111008_chaptered.pdf
College Promise Partnership Act (SB 650)
This bill added Education Code sections 48810 and 76003 to permit Long Beach Community
College District (LBCCD) to admit students who are participants in the College Promise
Partnership to any community college under its jurisdiction as a special part-time or full-time
student and to permit assigned priority for enrollment and course registration for these pupils
provided specified conditions are met. The law sunsets June 30, 2018.
Among other requirements, the LBCCD, if it enters into a partnership, must provide for an
independent evaluation of the partnership funded with resources provided by the participating
entities, which shall be presented to the CCCCO and the Legislature.
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_06010650/sb_650_bill_20111008_chaptered.pdf
Middle College High Schools (AB 230)
This bill amended Education Code section 76001 to exempt a student attending a middle
college high school from the requirement that California Community College governing boards
assign a low enrollment priority to concurrent enrollment students if that student is seeking to
enroll in a community college course that is required for the student's middle college high
2011 Legal Update
2
January 2012
school program. Colleges can still choose to assign a low enrollment priority to these students,
but are no longer required to.
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_02010250/ab_230_bill_20110701_chaptered.pdf
Appeal Process for CSU Admissions Denial (AB 670)
While this bill does not directly impact community college districts, it could affect community
college students who are denied admission to CSU. This bill amended Education Code section
89030.7 to require the trustees to ensure that campuses meet specific requirements with
respect to appeal procedures for a denial of admission.
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_06510700/ab_670_bill_20110803_chaptered.pdf
Student Transfer (SB 940)
This bill amended or repealed various sections of the Education Code to correct technical errors
and oversights, and made non-controversial and conforming changes to various statutes
related to education.
Of particular note to community colleges, the amendments clarify an existing ambiguity in
Education Code section 66747 by specifying that a transfer student who has met the transfer
degree requirements must be granted priority for the purposes of enrollment planning and
admissions in the California State University system as set forth in Education Code section
66202.
For the text of the bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_09010950/sb_940_bill_20110926_chaptered.pdf
Non-resident Students in Student Government (AB 844)
This bill amended section 72023.5 of, and added sections 66016.3 and 66016.4 to, the
Education Code, to allow a student who is without lawful immigration status or exempt from
paying nonresident tuition under specified provisions of law authorized by AB 540 to serve in
student government at the California State University (CSU) or the California Community
Colleges (CCC), and receive any grant, scholarship, fee waiver, or reimbursement for expenses
incurred connected with that service, to the full extent consistent with federal law. Further, this
bill eliminated the requirement that a nonvoting student member of the governing board be a
resident of California.
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_08010850/ab_844_bill_20111008_chaptered.pdf
Electronic Transcripts (AB 1056)
This bill added Education Code section 71091 to implement a procedure to facilitate the
electronic receipt and transmission of student transcripts by districts. The bill also requires all
2011 Legal Update
3
January 2012
community college districts, contingent upon the Office of the Chancellor’s receipt of new, onetime state, federal, or philanthropic funding sufficient for this purpose, and as a condition for
receiving funding, to implement a process for the receipt and transmission of electronic student
transcripts. The bill requires the Chancellor’s Office to determine the requirements and
procedures for dispersing those funds to participating community college districts and to report
to appropriate legislative committees, a year after funds are dispersed, the community colleges
that have adopted electronic transcripts and the remaining community colleges that have yet to
adopt the electronic transcript delivery system. The bill allows a community college district that
has elected to implement a process for the receipt and transmission of electronic student
transcripts to later opt out of the program in any subsequent year.
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_10511100/ab_1056_bill_20111008_chaptered.pdf
FOSTER YOUTH
Priority Enrollment for Foster Youth (AB 194)
This bill added Education Code section 66025.9 to require each campus of the California State
University (CSU) and the California Community Colleges (CCC), and to request the University of
California (UC), that administer a priority enrollment system, to give priority in enrollment in
classes to any foster youth or former foster youth. For purposes of priority enrollment benefits
the statute defines "foster youth" to mean any person who is currently in foster care, and
"former foster youth" to mean any person who is an emancipated foster youth and who is up to
24 years of age. These provisions sunset on July 1, 2017.
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_01510200/ab_194_bill_20111004_chaptered.pdf
Hiring Preference in State Agencies for Foster Youth (AB 735)
While this bill does not directly apply to community college districts, it could affect community
college students seeking student assistant positions with state agencies. This bill added section
18220 et seq. to the Government Code, and amended section 391 of the Welfare and
Institutions Code to require state agencies, when hiring for internships and student assistant
positions, to give preference to persons who are, or have been, dependent children in foster
care. The bill requires the preference to be granted to applicants up to 26 years of age. The bill
also requires the county welfare department to provide dependent children with information
notifying them that they may be eligible for this preference, as specified.
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_07010750/ab_735_bill_20111004_chaptered.pdf
2011 Legal Update
4
January 2012
FINANCIAL AID
Student Financial Aid: Cal Grant C Awards (SB 451)
Current law requires the California Student Aid Commission (CSAC) to consult with appropriate
state and federal agencies in order to determine areas of occupational or technical training in
which the Cal Grant C can be awarded and authorizes CSAC to use criteria it deems appropriate
to select students to receive grants. CSAC is also required to take into account other state and
federal programs available to the applicant. The Cal Grant C may be renewed until the
completion of the training, up to a maximum of two calendar years.
This bill amended section 69439 of the Education Code to require CSAC, in collaboration with
the EDD, to prioritize Cal Grant C awards to students pursuing training in fields meeting two of
the following criteria:



High employment need.
High employment salary or wage projections.
High employment growth.
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_04510500/sb_451_bill_20111008_chaptered.pdf
Private Source Financial Aid for AB 540 Students (AB 130)
Existing law requires that a person, other than a nonimmigrant alien who has (1) attended high
school in California for three or more years; (2) graduated from a California high school or
attained the equivalent thereof; (3) registered at or attends an accredited institution of higher
education in California not earlier than the fall semester or quarter of the 2001–02 academic
year; and (4) who, if he or she is an alien without lawful immigration status, has filed a
prescribed affidavit (also referred to as AB 540 students); be exempt from paying nonresident
tuition at the California Community Colleges and the California State University.
This bill amended Education Code section 68130.7 and added Education Code section 66021.7,
to provide that, on and after January 1, 2012, a student attending the California State
University, the California Community Colleges, or the University of California, who is exempt
from paying nonresident tuition under the law described above would be eligible to receive a
scholarship derived from non-state funds received by the segment attended by the student.
The intent of this law is to allow AB 540 students to receive private scholarships.
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_01010150/ab_130_bill_20110725_chaptered.pdf
State-administered Financial Aid for AB 540 Students (AB 131)
This bill amended Education Code section 68130.7 and added Education Code section 66021.6,
69508.5, and 76300.5 to expand eligibility for state-administered student financial aid programs
to include AB 540 students beginning January 1, 2013. The law requests the University of
California (UC) and requires that the California State University (CSU) and the Board of
2011 Legal Update
5
January 2012
Governors of the California Community Colleges (CCC), and the California Student Aid
Commission, to establish procedures and forms to enable AB 540 students to be eligible to
apply for and participate in all student financial aid administered by these segments.
Further, the law requires the CCCs to waive the student fees of any AB 540 students who would
otherwise qualify for such a waiver. However, students who are exempt from paying
nonresident tuition under the provisions described above are not eligible for Competitive Cal
Grant A and B Awards except where all non AB 540 California students have received the
Competitive Cal Grant A and B Award they are eligible for.
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_01010150/ab_131_bill_20111008_chaptered.pdf
MILITARY AND VETERAN STUDENTS
Priority Enrollment for Veterans (SB 813)
This bill amended Education Code section 66025.8 to extend the period of time, from two years
to five years, that a former member of the Armed Forces of the United States can receive
priority registration enrollment at the CSU and the CCC.
This bill also requires reimbursement to local agencies and school districts to be made if the
Commission on State Mandates determines that this act contains costs mandated by the state.
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_08010850/sb_813_bill_20110930_chaptered.pdf
Tuition Refund (AB 636)
This bill amended section 824 of the Military and Veterans Code. Colleges may no longer
require a student who is required to report for military duty to withdraw from a class by a
specified date in order to receive a refund of 100% of tuition and fees the student paid to the
institution for the academic term in which the student was required to report for military
service, regardless of whether the student was called to military service before the academic
term had commenced or after the academic term had commenced.
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_06010650/ab_636_bill_20110921_chaptered.pdf
Residency Status of Veterans (AB 882)
This bill amended sections 68074 and 68075 of the Education Code to grant a member of the
Armed Forces or his or her dependent that is a student in California at an institution of higher
education when the military member is ordered transferred out of state, the ability to maintain
residency status for tuition and fees purposes so long as the student remains continuously
enrolled in the institution. This amendment was required to conform to federal law.
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_08510900/ab_882_bill_20111009_chaptered.pdf
2011 Legal Update
6
January 2012
CAREER TECHNICAL EDUCATION AND WORKFORCE PREPARATION
Workforce Investment Boards (SB 698)
This bill amends section 14200 of the Unemployment Insurance Code to require the Governor
to establish a process by which to identify high performing local workforce investment boards
(WIB), and only these WIBs would be eligible to receive state discretionary funds. One of the
high performing WIB criteria would be collaboration with community colleges.
This legislation requires action by the Governor. Upon setting the standards, the WIBs are
expected to use those standards in determining which WIBs are high performing or not.
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_06510700/sb_698_bill_20111006_chaptered.pdf
Apprenticeship Programs (AB 554)
This bill amends section 14230 of the Unemployment Insurance Code to direct the California
Workforce Investment Board (CWIB) and its local boards to develop a policy that establishes
collaboration with community colleges to develop preapprenticeship and apprenticeship
programs in the geographic area.
This bill requires the CWIB and each local board to ensure that programs and services funded
by Work Investment Act (WIA) and directed to apprenticeable occupations, including
preapprenticeship training, are conducted to the maximum extent feasible, in coordination
with apprenticeship programs approved by Division of Apprenticeship Standards (DAS).
This bill also requires the CWIB and each local board to develop a policy of fostering
collaboration between community colleges and approved apprenticeship programs in their
respective geographic areas to provide preapprenticeship training, apprenticeship training, and
continuing education in apprenticeable occupations through approved apprenticeship
programs.
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_05510600/ab_554_bill_20111006_chaptered.pdf
CTE Course Requirements (AB 1330)
This bill amends section 48980 and 51225.3 of the Education Code to give high school students
the option of using a career technical education (CTE) course to fulfill the existing high school
requirement to take a course in visual or performing arts or foreign language, as specified.
Legal requirements for this bill are set forth at the K-12 level, with no specific provisions called
forth to community college districts.
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_13011350/ab_1330_bill_20111008_chaptered.pdf
2011 Legal Update
7
January 2012
CAMPUS SAFETY
Beer and Wine Licenses for Cooking Schools (SB 339)
The Alcoholic Beverage Control Act authorizes the issuance of a license which authorizes the
sale of beer and wine for consumption on or off the licensed premises, provided the licensee
maintains the licensed premises as a bona fide public eating place and meets other specified
requirements. This bill amended sections 23396 and 25608 of, and added section 23038.3 to,
the Business and Professions Code to, among other things, expand the definition of bona fide
public eating place for the purpose of allowing a cooking school that provides courses and
instructions in the preparation of food and maintains suitable kitchen facilities to obtain a
license to sell beer and wine for consumption on the site.
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_03010350/sb_339_bill_20111009_chaptered.pdf
Special Event Beer and Wine Licenses (AB 319)
Section 25608 of the Business and Professions Code generally prohibits the sale, possession or
consumption of alcoholic beverages on the grounds of a public school (K-14) and provides
various exceptions to this prohibition. This bill expanded this existing exception to permit
community colleges in all counties to serve alcohol at special events under certain specified
conditions. However, to be eligible to apply for a license to serve alcohol the college must first
obtain the permission of the governing board of the community college.
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_03010350/ab_319_bill_20111009_chaptered.pdf
Nondiscrimination and Training, Sexual Orientation and Gender Identity (AB 620)
Assembly Bill 620 amended various sections of the Education Code to promote the needs of
LGBT (lesbian, gay, bisexual, and transgender) students by adding the attributes of sexual
orientation, gender identity, and gender expression to some of the existing nondiscrimination
laws affecting higher educational institutions. AB 620 also requests that UC, CSU, and
community college districts establish and post policies on harassment, intimidation, and
bullying to be included in the rules of student conduct related to LGBT students.
Districts are given the option and are not required to establish and post policies related to LGBT
students under the provisions of this bill.
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_06010650/ab_620_bill_20111008_chaptered.pdf
Smoke-free Campus (AB 795)
Existing law prohibits public employees or members of the public from smoking any tobacco
product inside a public building or in an outdoor area. Existing law does not preempt the
2011 Legal Update
8
January 2012
authority of the California Community Colleges, the California State University, or the University
of California from adopting and enforcing additional smoking and tobacco control regulations
and policies.
This bill added section 7597.1 to the Government Code to provide that the governing bodies of
the California State University and each community college district have the authority to
enforce these requirements by citation and fine. The bill provides that if a campus adopts the
enforcement and fine authority, it must post signs stating its tobacco use policy and inform
employees and students of the policy.
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_07510800/ab_795_bill_20111010_chaptered.pdf
Campus Safety Month (ACR 17)
This measure declares March as Campus Safety Month, and encourages citizens to visit the
Internet Web site of the California Postsecondary Education Commission to view public safety
information about public and private colleges and universities. (Note - CPEC was eliminated
effective November 2011.)
For the text of this resolution, please see: http://www.leginfo.ca.gov/pub/1112/bill/asm/ab_0001-0050/acr_17_bill_20110406_chaptered.pdf
PRIVACY
Reader Privacy Act (SB 602)
The Information Practices Act, Civil Code section 1798 et seq., was amended to protect
unauthorized disclosure of private information regarding books and book readers. This bill
added section 1798.90 to the Civil Code to provide that a book service provider may not
knowingly disclose to any government entity, or be compelled to disclose to a government
entity or any private person or entity, a user's personal information related to the use of a book
or part of a book, except under specified limited circumstances (e.g., consent or lawful court
orders). A book service provider includes book stores and libraries.
This bill also requires book service providers to prepare a report to be made publicly available
in an online, searchable format by March 1 of every year, unless exempted. The report must
include specified information, including the number of federal and state warrants and orders
requesting disclosure of a user's personal information that the provider has received in the
previous year. The report must also include this same information for any grand jury
subpoenas, civil and administrative subpoenas, and requests for information made with the
user's informed consent received by the provider during the prior year.
Further, prior to disclosing personal information pursuant to a court order, the book service
provider must provide, in a timely manner, notice to the user about the issuance of the order
and the ability to appear and quash the order.
2011 Legal Update
9
January 2012
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_06010650/sb_602_bill_20111002_chaptered.pdf
Family Educational Rights and Privacy Act (FERPA)
The U.S. Department of Education has amended the FERPA regulations to clarify the limited
circumstances where state education agencies such as the Chancellor’s Office and local
educational agencies (LEAs), such as community college districts, may disclose student
information to assess the effectiveness of State and Federally-funded education programs – the
audit and evaluation exception and the studies exception. (34 CFR §§ 99.31(a)(6), 99.31(a)(3)
and 99.35.)
Additionally, the amended regulations permit community college districts to adopt limited
directory information policies that allow the disclosure of directory information to specific
parties, for specific purposes, or both. It is up to individual community college district to decide
whether to adopt limited directory information policies and how to implement them.
Under the amended regulations, a community college district may require a student to wear or
present a student ID or badge, even if that student has opted out of allowing disclosure of his or
her directory information.
However, it is important to also consult with applicable state and local laws and to consider the
best practices for privacy, confidentiality and data security prior to disclosing any personal
information as state law can be more restrictive than federal law. (See, e.g., Education Code
section 76210 et seq., and Code of Civil Procedure section 1798 et seq.) LEAs’ responsibilities to
appropriately protect student personal information extend beyond FERPA.
The text of the final regulations, and detailed explanation of each change, can be found at:
http://www.gpo.gov/fdsys/pkg/FR-2011-12-02/pdf/2011-30683.pdf.
PUBLIC RECORDS
Public Records of Auxiliary Organizations (SB 8)
The California Public Records Act (CPRA) requires state and local agencies to make their records
available for public inspection and to make copies available upon request and payment of a fee
unless those records are exempt from disclosure.
This bill added sections 72690, 89913, and 92950 to the Education Code to require records
maintained by an auxiliary organizations of the CSU, California Community Colleges (CCC), and
CCC districts and campus foundations of the UC, be available to the public consistent with the
CPRA. In addition to the existing exemptions from disclosure, this bill added several other
exemptions related to donation of $2,500 or less.
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_00010050/sb_8_bill_20110906_chaptered.pdf
2011 Legal Update
10
January 2012
LOCAL BOARDS
Brown Act (AB 23)
This bill added section 54952.3 to the Government Code (Brown Act) to require a member of a
legislative body or the clerk to announce, prior to holding a meeting simultaneously or in serial
order, during a meeting of a legislative body where the members of the legislative body
constitute at least a quorum of the legislative body of the other meeting, how much
compensation or stipend the members will receive for the second meeting, and any subsequent
meeting thereafter meeting the same quorum criteria.
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_00010050/ab_23_bill_20110725_chaptered.pdf
Community College Board Members: Absence from the State (AB 334)
This bill amends section 1064 of the Government Code to provide that existing provisions of law
regarding absences from the state for members of a school district governing board are also
applicable to members of community college governing boards, and permits school district and
community college governing boards to authorize an extended absence for a board member in
the case of illness or urgent necessity.
Community college districts should now monitor their board members that leave the state to
ensure they are in compliance.
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_03010350/ab_334_bill_20110701_chaptered.pdf
Community College Districts: Trustee Elections (AB 684)
This bill adds sections 72036 and 72036.5 to the Education Code to authorize a community
college district to change to a trustee area election system through a waiver process. The bill
requires a district to secure a local board resolution supporting the change and approval of the
Board of Governors of the California Community Colleges. An urgency measure, AB 684 was
effective immediately upon signature.
Our office has issued Legal Advisory 11-02
(http://www.cccco.edu/Portals/4/Legal/advisories/attachments/A_11-02web.pdf) discussing
how community college districts can apply for the waiver. Please refer to that document for
more information.
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_06510700/ab_684_bill_20111008_chaptered.pdf
2011 Legal Update
11
January 2012
Redevelopment Agencies (ABX1 26 and ABX1 27)
This bill eliminates redevelopment agencies (RDAs) and directs the resolution of their activities.
It amends and adds to multiple sections of the Health and Safety Code and Revenue and
Taxation Code. This bill would not become effective unless the second bill also becomes
effective. The second bill, ABX1 27, adds section 34192 to the Health and Safety Code, and
creates an alternative voluntary redevelopment program. The requirements of this bill would
affect RDAs that elect not to participate in the alternative voluntary redevelopment program.
This bill requires that each successor agency shall have an oversight board composed of seven
members, one of whom is to be appointed by the Chancellor of the California Community
Colleges. Districts have been notified and advised to submit nominations to the Chancellor’s
Office.
For the text of these bills, please see: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_00010050/abx1_26_bill_20110629_chaptered.pdf
and http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_00010050/abx1_27_bill_20110629_chaptered.pdf
FEES
Student Fees (ABX1 32)
This bill amends, adds, and repeals multiple sections of the Education Code and delays the
implementation of the $10 per unit student fee increase from winter term to the summer term
of the 2011-12 academic year. This bill requires college districts, to the extent possible, make
every effort to implement reductions in a manner that will minimize the impact on course
offerings and programs needed by students to achieve their basic skills, workforce training, or
transfer goals.
This legislation reflects the changes to the budget trailer bill that called for trigger reductions
that were to be made operative by January 1, 2012. The fee increase is now to take place in the
summer 2012 calendar year instead of the winter term.
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_00010050/abx1_32_bill_20110921_chaptered.pdf
Parking Fees (SB 774)
This bill amends sections 76360 and 76361 of the Education Code to raise the statutory limits
for parking and transportation services fees CCC districts are allowed to charge by authorizing
governing boards to charge up to $50 per semester and $25 per intercession for parking
services, and up to $35 per semester and $15 per intercession for students who certify that
they regularly carpool with two or more passengers in a vehicle parked at the community
college.
2011 Legal Update
12
January 2012
Fees may be increased 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.
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_07510800/sb_774_bill_20110906_chaptered.pdf
ATHLETICS
Athlete Agents (SB 238)
This bill amended section 18897.93 of the Business and Professions Code, and added section
802.5 to the Penal Code, to require courts to suspend athlete agents for a minimum of one
year, or where appropriate, to revoke the agent’s privilege to conduct business as an athlete
agent if found to violate provisions of the Miller-Ayala Athlete Agents Act.
For the text of this bill, please see: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_02010250/sb_238_bill_20110801_chaptered.pdf
2011 Legal Update
13
January 2012
Download