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Chapter 2. Community College
Standards
Subchapter 1. Minimum Conditions.
51006. Open Courses.
(a) The governing board of a community college district shall adopt
by resolution the following or a comparable statement: "The
policy of this district is that, unless specifically exempted by
statute or regulation, every course, course section, or class, reported
for state aid, wherever offered and maintained by the district,
shall be fully open to enrollment and participation by any person
who has been admitted to the college(s) and who meets such prerequisites
as may be established pursuant to regulations contained in Article
2.5 (commencing with Section 55200) of Subchapter 1 of Chapter 6
of this Division."
(b) The statement of policy adopted by the board pursuant
to Subsection (a) of this Section shall be published in the official
catalog, schedule of classes, and addenda to the schedule of classes
for which average daily attendance(1)
is reported for state apportionment. A copy of the statement shall
also be filed with the Chancellor.
NOTE : Authority cited: Sections 66700
and 70901, Education Code. Reference: Sections 70901 and 78020 et
seq., Education Code.
51024. Matriculation Services.
The governing board of each community college district shall:
(a) adopt and submit to the Chancellor a matriculation
plan as required under Section 55510;
(b) evaluate its matriculation program and participate
in statewide evaluation activities as required under Section 55512(c);
(c) provide matriculation services to its students
in accordance with Sections 55520 and 55521;
(d) establish procedures for waivers and appeals in
connection with its matriculation program in a manner consistent
with Section 55534; and
(e) substantially comply with all other provisions
of Subchapter 6 (commencing with Section 55500) of Chapter 6 of
this Division.
NOTE : Authority cited:
Sections 66700 and 70901, Education Code. Reference: Sections 78210-78218,
Education Code.
Chapter 6. Curriculum and Instruction
Subchapter 1. Programs, Courses and Classes
Article 1. Program, Course and Class
Classification and Standards
55002. Standards and Criteria
for Courses and Classes.
(a) Associate Degree Credit Course. An associate degree credit course
is a course which has been designated as appropriate to the associate
degree in accordance with the requirements of Section 55805.5, and
which has been recommended by the district governing board as a
collegiate course meeting the needs of the students eligible for
admission.
(1) Curriculum Committee. The college and/or district
curriculum committee recommending the course shall be established
by the mutual agreement of the college and/or district administration
and the academic senate. The committee shall be either a committee
of the academic senate or a committee that includes faculty and
is otherwise comprised in a way that is mutually agreeable to the
college and/or district administration and the academic senate.
(2) Standards for Approval. The college and/or district
curriculum committee shall recommend approval of the course for
associate degree credit if it meets the following standards:
(A) Grading Policy. The course provides for measurement
of student performance in terms of the stated course objectives
and culminates in a formal, permanently recorded grade based upon
uniform standards in accordance with Section 55758 of this Division.
The grade is based on demonstrated proficiency in subject matter
and the ability to demonstrate that proficiency, at least in part,
by means of essays, or, in courses where the curriculum committee
deems them to be appropriate, by problem solving exercises or skills
demonstrations by students.
(B) Units. The course grants units of credit based
upon a relationship specified by the governing board, between the
number of units assigned to the course and the number of lecture
and/or laboratory hours or performance criteria specified in the
course outline. The course also requires a minimum of three hours
of work per week, including class time for each unit of credit,
prorated for short-term, laboratory, and activity courses.
(C) Intensity. The course treats subject matter with
a scope and intensity that require students to study independently
outside of class time.
(D) Prerequisites and Corequisites. When the college
and/or district curriculum committee, determines, based on a review
of the course outline of record, that a student would be highly
unlikely to receive a satisfactory grade unless the student has
knowledge or skills not taught in the course, then the course shall
require prerequisites or corequisites that are established, reviewed,
and applied in accordance with the requirements of Article 2.5 (commencing
with Section 55200) of this Subchapter.
(E) Basic Skills Requirements. If success in the course
is dependent upon communication or computation skills, then the
course shall require, consistent with the provisions of Article
2.5 (commencing with Section 55200) of this Subchapter, as prerequisites
or corequisites eligibility for enrollment in associate degree credit
courses in English and/or mathematics, respectively.
(F) Difficulty. The course work calls for critical
thinking and the understanding and application of concepts determined
by the curriculum committee to be at college level.
(G) Level. The course requires learning skills and
a vocabulary that the curriculum committee deems appropriate for
a college course.
(3) Course Outline of Record. The course is described
in a course outline of record that shall be maintained in the official
college files and made available to each instructor. The course
outline of record shall specify the unit value, scope, objectives,
and content in terms of a specific body of knowledge. The course
outline shall also specify types or provide examples of required
reading and writing assignments, other outside-of-class assignments,
instructional methodology, and methods of evaluation for determining
whether the stated objectives have been met by students.
(4) Conduct of Course. Each section of the course
is to be taught by a qualified instructor in accordance with a set
of objectives and with other specifications defined in the course
outline of record.
(5) Repetition. Repeated enrollment is allowed only
in accordance with provisions of Chapter 2 (commencing with Section
51000), Sections 55761-55763 and 58161 of this Division.
(b) Non-degree Credit Course. A credit course designated
by the governing board as not applicable to the associate degree
is a course which, at a minimum, is recommended by the college and/or
district curriculum committee (the committee described and established
under Subdivision (a)(1) of this Section) and is approved by the
district governing board and falls within one of the categories
described in Subdivision (1) of this Subsection.
(1) Types of Courses. Non-degree applicable credit
courses are:
(A) precollegiate basic skills courses as defined
in Section 55502(d) of this Division;
(B) courses designed to enable students to succeed
in college-level work (including, but not limited to, college orientation
and guidance courses, and discipline-specific preparatory courses
such as biology, history, or electronics) that integrate basic skills
instruction throughout and assign grades partly upon the demonstrated
mastery of those skills;
(C) precollegiate occupational preparation courses
designed to provide foundation skills for students preparing for
entry into college-level occupational courses or programs;
(D) essential occupational instruction for which meeting
the standards of Section 55002(a) is neither necessary nor required.
(2) Standards for Approval. The college and/or district
curriculum committee shall recommend approval of the course on the
basis of the standards which follow. In order to be eligible for
state apportionment, such courses must be approved (as courses not
part of programs) by the Chancellor's Office as provided by Section
55100 of this Division.
(A) Grading Policy. The course provides for measurement
of student performance in terms of the stated course objectives
and culminates in a formal, permanently recorded grade based upon
uniform standards in accordance with Section 55758 of this Division.
The grade is based on demonstrated proficiency in the subject matter
and the ability to demonstrate that proficiency, at least in part,
by means of written expression that may include essays, or, in courses
where the curriculum committee deems them to be appropriate, by
problem solving exercises or skills demonstrations by students.
(B) Units. The course grants units of credit based
upon a relationship specified by the governing board between the
number of units assigned to the course and the number of lecture
and/or laboratory hours or performance criteria specified in the
course outline. The course requires a minimum of three hours of
student work per week, per unit, including class time and/or demonstrated
competency, for each unit of credit, prorated for short-term laboratory,
and activity courses.
(C) Intensity. The course provides instruction in
critical thinking and generally treats subject matter with a scope
and intensity that prepare students to study independently outside
of class time and includes reading and writing assignments and homework.
In particular, the assignments will be sufficiently rigorous that
students completing each such course successfully will have acquired
the skills necessary to successfully complete college-level work
upon completion of the required sequence of such courses.
(D) Prerequisites and corequisites. When the college
and/or district curriculum committee deems appropriate, the course
may require prerequisites or corequisites for the course that are
established, reviewed, and applied in accordance with Article 2.5
(commencing with section 55200) of this Subchapter.
(c) Noncredit Course.
A noncredit course is a course which, at a minimum,
is recommended by the college and/or district curriculum committee
(the committee described and established under subdivision (a)(1)
of this section) and approved by the district governing board as
a course meeting the needs of enrolled students.
(1) Standards for Approval. The college and/or district
curriculum committee shall recommend approval of the course if the
course treats subject matter and uses resource materials, teaching
methods, and standards of attendance and achievement that the committee
deems appropriate for the enrolled students. In order to be eligible
for state apportionment, such courses are limited to the categories
of instruction listed in Education Code section 84711, and must
be approved by the Chancellor's Office as noted in Title V, section
55150.
(2) Course Outline of Record. The course is described
in a course outline of record that shall be maintained in the official
college files and made available to each instructor. The course
outline of record shall specify the scope, objectives, contents,
instructional methodology, and methods of evaluation for determining
whether the stated objectives have been met.
(3) Conduct of Course. All sections of the course
are to be taught by a qualified instructor in accordance with the
set of objectives and with other specifications defined in the course
outline of record.
(d) Community Service Class, A community services
class is a class which meets the following minimum requirements:
(1) Is approved by the local district governing board.
(2) Is designed for the physical, mental, moral, economic,
or civic development of persons enrolled therein.
(3) Provides subject matter content, resource materials,
and teaching methods which the district governing board deems appropriate
for the enrolled students.
(4) Is conducted in accordance with a predetermined
strategy or plan.
(5) Is open to all members of the community.
(6) May not be claimed for apportionment purposes.
NOTE : Authority cited:
Sections 66700 and 70901, Education Code. Reference: Section 70901,
Education Code.
Article 2.5. Prerequisites, Corequisites, and
Recommended Preparation
55200. Definitions.
For the purposes of this Division, the following definitions apply:
(a) "Prerequisite" means a condition of
enrollment that a student is required to meet in order to demonstrate
current readiness for enrollment in a course or educational program.
(b) "Corequisite" means a condition of enrollment
consisting of a course that a student is required to simultaneously
take in order to enroll in another course.
(c) "Advisory on recommended preparation"
means a condition of enrollment that a student is advised, but not
required, to meet before or in conjunction with enrollment in a
course or educational program.
(d) "Satisfactory grade" means that, for
the course in question, the student's academic record has been annotated
with the symbol A, B, C or "CR" as those symbols are defined
in Section 55758 of this Division.
(e) "Necessary and appropriate" means that
a strong rational basis exists for concluding that a prerequisite
or corequisite is reasonably needed to achieve the purpose that
it purports to serve. This standard does not require absolute necessity.
(f) "content review" means a rigorous, systematic
process developed in accordance with Sections 53200 to 53204, approved
by the Chancellor as part of the district matriculation plan required
under Section 55510, and is conducted by faculty to identify the
necessary and appropriate body of knowledge or skills students need
to possess prior to enrolling in a course, or which students need
to acquire through concurrent enrollment in a corequisite course.
NOTE : Authority cited:
Sections 66700 and 70901, Education Code. Reference: Section 70901,
Education Code.
55201. Policies for Prerequisites,
Corequisites, and Advisories on Recommended Preparation.
(a) The governing board of a community college district may establish
prerequisites, corequisites, and advisories on recommended preparation,
but must do so in accordance with the provisions of this Article
2.5 §55200-55202. Nothing in this subchapter shall be construed
to require a district to establish prerequisites, corequisites or
advisories on recommended preparation; provided however, that a
prerequisite or corequisite shall be required if the course is to
be offered for associate degree credit and the curriculum committee
finds that the prerequisite or corequisite is necessary pursuant
to Section 55002(a)(2)(D) or 55002(a)(2)(E).
(b) A governing board choosing to establish prerequisites,
corequisites or advisories on recommended preparation shall, in
accordance with the provision of Sections 53200-53204 of this Division,
adopt policies for the following:
(1) The process for establishing prerequisites, corequisites,
and advisories on recommended preparation. Such policies shall provide
that in order to establish a prerequisite or corequisite, the prerequisite
or corequisite must be determined to be necessary and appropriate
for achieving the purpose for which is it being established. District
policies shall also specify the level of scrutiny that shall be
required in order to establish different types of prerequisites,
corequisites, and advisories on recommended preparation. At a minimum,
prerequisites, corequisites, and advisories on recommended preparation
shall be based on content review, with additional methods of scrutiny
being applied depending on the type of prerequisite or corequisite
being established. The policy shall provide that the types of prerequisites
described in Subsection (e) may be established only on the basis
of data collected using sound research practices. Determinations
about prerequisites or corequisites shall be made on a course-by-course
or program-by program basis.
(2) Procedures to assure that courses for which prerequisites
or corequisites are established will be taught in accordance with
the course outline, particularly those aspects of the course outline
that are the basis for justifying the establishment of the prerequisite
or corequisite.
(3) The process, including levels of scrutiny, for
reviewing prerequisites and corequisites to assure that they remain
necessary and appropriate. These processes shall provide that at
least once each six years all prerequisites and corequisites established
by the district shall be reviewed. These processes shall also provide
for the periodic review of advisories on recommended preparation.
(4) The bases and process for an individual student
to challenge the application of a prerequisite or corequisite.
(c) Prerequisites or corequisites may be established
only for any of the following purposes;
(1) the prerequisite or corequisite is expressly required
or expressly authorized by statute or regulation; or
(2) the prerequisite will assure, consistent with
Section 55002(a)(2)(D), that a student has the skills, concepts,
and/or information that is presupposed in terms of the course or
program for which it is being established, such that a student who
has not met the prerequisite is highly unlikely to receive a satisfactory
grade in the course (or at least one course within the program)
for which the prerequisite is being established; or
(3) the corequisite course will assure, consistent
with Section 55002(a)(2)(D), that a student acquires the necessary
skills, concepts, and/or information, such that a student who has
not enrolled in the corequisite is highly unlikely to receive a
satisfactory grade in the course or program for which the corequisite
is being established; or
(4) the prerequisite or corequisite is necessary to
protect the health and safety of a student or the health and safety
of others.
(d) Except as provided in this Subsection, no prerequisite
or corequisite may be established or renewed pursuant to Subsection
(b)(3) unless it is determined to be necessary and appropriate to
achieve the purpose for which it has been established. A prerequisite
or corequisite need not be so scrutinized until it is reviewed pursuant
to Subsection (b)(3) if:
(1) it was established prior to July 6, 1990, and
is part of a sequence of degree-applicable courses within a given
discipline; or
(2) it was established between July 6, 1990, and the
effective date of this regulation, in accordance with regulations
in effect during this period of time; or
(3) it is required by statute or regulation; or
(4) it is part of a closely-related lecture-laboratory
course pairing within a discipline; or
(5) it is required by four-year institutions.
(e) A course in communication or computation skills
may be established as a prerequisite or corequisite for any course
other than another course in communication or computation skills
only if, in addition to conducting a content review, the district
gathers data according to sound research practices and shows that
a student is highly unlikely to succeed in the course unless the
student has met the proposed prerequisite or corequisite. If the
curriculum committee initially determines, pursuant to Section 50002(a)(2)(E),
that a new course needs to have a communication or computation skill
prerequisite or corequisite, then despite Subsection (d) of this
Section, the prerequisite or corequisite may be established for
a single period of not more than two years while the research is
being conducted and the final determination is being made, provided
that all other requirements for establishing the prerequisite or
corequisite have been met.
(f) Any prerequisite or corequisite may be challenged
by a student on one or more of the grounds listed below. The student
shall bear the initial burden of showing that grounds exist for
the challenge. Challenges shall be resolved in a timely manner and,
if the challenge if upheld, the student shall be permitted to enroll
in the course or program in question. Grounds for challenge are:
(1) The prerequisite or corequisite has not been established
in accordance with the district's process for establishing prerequisites
or corequisites;
(2) The prerequisite or corequisite is in violation
of this Article;
(3) The prerequisite or corequisite is either unlawfully
discriminatory or is being applied in an unlawfully discriminatory
manner;
(4) The student has the knowledge or ability to succeed
in the course or program despite not meeting the prerequisite or
corequisite;
(5) The student will be subject to undue delay in
attaining the goal of his or her educational plan because the prerequisite
or corequisite course has not been made reasonably available; and
(6) Such other grounds for challenge as may be established
by the district governing board.
(g) In the case of a challenge under Subsection (f)(3)
of this Section, the district shall, upon completion of the challenge
procedure established pursuant to this Section, advise the student
that he or she may file a formal complaint of unlawful discrimination
pursuant to Subchapter 5 (commencing with Section 59300) of Chapter
10 of this Division. Completion of the challenge procedure shall
be deemed to satisfy the requirement of Section 59328(b) that the
district and the student attempt informal resolution of the complaint.
(h) District policies adopted pursuant to this section
shall be submitted to the Chancellor as part of the district's matriculation
plan pursuant to Section 55510 of Subchapter 6 of Chapter 6 of this
Division.
NOTE : Authority cited: Sections 66700
and 70901, Education Code. Reference: Section 70901, Education Code.
55202. Additional Rules.
The following additional rules apply to the establishment of prerequisites
and corequisites:
(a) Prerequisites, corequisites, and advisories on
recommended preparation must be identified in college publications
available to students as well as the course outline of any course
for which they are established.
(b) Prerequisites establishing communication or computational
skill requirements may not be established across the entire curriculum
unless established on a course-by-course basis.
(c) The determination of whether a student meets a
prerequisite shall be based on successful completion of an appropriate
course or on an assessment using multiple measures. Any assessment
instrument used shall be selected and used in accordance with the
provisions of Subchapter 6 (commending with Section 55500) of Chapter
6 of this Division.
(d) If a prerequisite requires precollegiate skills
in reading, written expression, or mathematics, the governing board
of a district shall ensure that precollegiate basic skills courses
designed to teach the required skills are offered with reasonable
frequency and that the number of sections available is reasonable
given the number of students who are required to meet the associated
skills prerequisites and who diligently seek enrollment in the prerequisite
course.
(e) Whenever a corequisite course is established,
sufficient sections shall be offered to reasonably accommodate all
students who are required to take the corequisite. A corequisite
shall be waived as to any student for whom space in the corequisite
course is not available.
(f) No exit test may be required to satisfy a prerequisite
or corequisite unless it is incorporated into the grading for the
prerequisite or corequisite course.
(g) The determination of whether a student meets a
prerequisite shall be made prior to his or her enrollment in the
course requiring the prerequisite, provided, however, that enrollment
may be permitted pending verification that the student has met the
prerequisite or corequisite. If the verification shows that the
student has failed to meet the prerequisite, the student may be
involuntarily dropped from the course if the applicable enrollment
fees are promptly refunded. Otherwise a student may only be involuntarily
removed from a course due to excessive absences or as a result of
disciplinary action taken pursuant to law or to the student code
of conduct.
NOTE : Authority cited: Sections 66700
and 70901, Education Code. Reference: Section 70901, Education Code.
Subchapter 6. Matriculation Programs
Article 1. Scope and Definitions
55500. Scope and Implementation.
(a) This chapter implements and should be read in conjunction with
the provisions of the Seymour-Campbell Matriculation Act of 1986,
c. 1467, Stats. 1986, codified as Education Code Sections 78210,
et seq. The purpose of this chapter is to further equality of educational
opportunity and success for all students in the California Community
Colleges.
(b) The requirements of this chapter apply only to
districts receiving funds pursuant to Education Code Section 78216
for the period of time during which such funds are received. The
Chancellor shall, in consultation with districts and other interested
parties, adopt a schedule for implementing the provisions of this
chapter as expeditiously as possible within the constraints of available
funding. The schedule shall be coordinated with the implementation
and funding of the systemwide management information system and
the accountability mechanisms established pursuant to Education
Code Section 71020.5.
NOTE : Authority cited:
Sections 66700 and 70901, Education Code. Reference: Sections 71020.5
and 78210-78218, Education Code.
55502. Definitions.
For purposes of this chapter, the following definitions shall apply:
(a) "matriculation" means a process that
brings a college and a student who enrolls for credit into an agreement
for the purpose of realizing the student's educational goal through
the college's established programs, policies, and requirements.
This agreement is to be implemented by means of the student's individual
educational plan developed pursuant to Section 55525.
(b) "assessment" means the process of gathering
information about individual students to facilitate student success.
Assessment may include, but is not limited to, information regarding
the student's study skills, English language proficiency, computational
skills, aptitudes, goals, learning skills, career aspirations, academic
performance, and need for special services. Assessment involves
the collection of such information at any time, before or after
enrollment, except that the process of assigning a grade by an instructor
shall not be considered part of the assessment process. Once a grade
has been assigned and recorded in a student's transcript it can
be used in the assessment process.
(c) "assessment instruments, methods or procedures"
means one or more assessment instruments, assessment methods, or
assessment procedures, or any combination thereof. These include,
but are not limited to, interviews, standardized tests, holistic
scoring processes, attitude surveys, vocational or career aptitude
and interest inventories, high school or college transcripts, specialized
certificates or licenses, educational histories and other measures
of performance. The term "assessment instruments, methods or
procedures" also includes assessment procedures such as the
identification of test scores which measure particular skill levels,
the administrative process by which students are referred for assessment,
the manner in which assessment sessions are conducted, the manner
in which assessment results are made available, and the length of
time required before such results are available.
(d) "precollegiate basic skills courses"
are those courses in reading, writing, computation, learning skills,
study skills, and English as a Second Language which are designated
by the community college district as nondegree credit courses pursuant
to Section 55002(b) of this Part.
(e) "disproportionate impact" occurs when
the percentage of persons from a particular racial, ethnic, gender,
age or disability group who are directed to a particular service
or placement based on an assessment instrument, method or procedure
is significantly different than the requesentation of that group
in the population of persons being assessed and that discrepancy
is not justified by empirical evidence demonstrating that the assessment
instrument, method or procedures is a valid and reliable predictor
of performance in the relevant educational setting.
(f) "exemption" means waiving or deferring
a student's participation in orientation, assessment, counseling
or advisement required pursuant to subsections (b), (c), and (d)
of Section 55520.
(g) "matriculation services" are those services
listed in Section 55520.
(h) "matriculation practices" means one
or more instruments, methods or procedures, or any combination thereof,
used in providing any of the matriculation services listed in Section
55520.
(i) "student" means a person enrolled in
at least one credit course.
(j) "orientation" is a process which acquaints
students and potential students with college programs, services,
facilities and grounds, academic expectations, and institutional
procedures.
(k) "student follow-up" is the process of
monitoring a student's progress toward his or her educational goals
and providing the student with appropriate advice based on the results
of such monitoring.
NOTE : Authority cited: Sections 66700
and 70901, Education Code. Reference: Sections 78212 and 78213,
Education Code.
55510. Matriculation Plans.
(a) Each community college district shall adopt a matriculation
plan describing the services to be provided to its students. The
plan shall include, but not be limited to:
(1) a description of the methods by which required
services will be delivered;
(2) the district's budget for matriculation;
(3) plans for faculty and staff development;
(4) computerized information services and institutional
research and evaluation necessary to implement this Chapter;
(5) criteria for exempting students from participation
in the matriculation process;
(6) procedures for establishing and validating prerequisites
pursuant to Article 2.5 (commencing with Section 55200) of Subchapter
1 of Chapter 6 of this Division; and
(7) in districts with more than one college, arrangements
for coordination by the district of the matriculation plans of its
various colleges.
(b) The plan shall be developed through consultation
with representatives of the academic senate, students, and staff
with appropriate expertise, pursuant to Sections 51023 et seq.
(c) Such plans shall conform to the requirements of
this Chapter and shall be submitted to the Chancellor for review
and approval. Plans submitted prior to the effective date of this
Section need not be revised or resubmitted if the Chancellor finds
that they meet the requirements of this Chapter. Regardless of when
plans are initially submitted, the Chancellor may require periodic
updates of such plans.
NOTE : Authority cited:
Sections 66700 and 70901, Education Code. Reference Section 78216,
Education Code.
55512. Evaluation and Audits.
(a) Each community college district shall establish a program of
institutional research for ongoing evaluation of the effectiveness
of its matriculation process to ensure compliance with the requirements
of this chapter.
As part of this evaluation, all assessment instruments,
methods or procedures shall be evaluated to ensure that they minimize
or eliminate cultural or linguistic bias and are being used in a
valid manner. Based on this evaluation, districts shall determine
whether any assessment instrument, method or procedures has a disproportionate
impact on particular groups of students described in terms of ethnicity,
gender, age or disability, as defined by the Chancellor. When there
is a disproportionate impact on any such group of students, the
district shall, in consultation with the Chancellor, develop and
implement a plan setting forth the steps the district will take
to correct the disproportionate impact. The evaluation shall include,
but not be limited to, an analysis of the degree to which the matriculation
program:
(1) impacts on particular courses, programs, and facilities;
(2) helps students to define their educational goals;
(3) promotes student success, as evidenced by outcome
and retention data such as student persistence, goal attainment,
skill improvement, and grades;
(4) assists the district in the assessment of students'
educational needs;
(5) matches district resources with students' educational
needs; and
(6) provides students with the support services described
in Section 55520(g).
(b) Each district shall also, as part of its annual
financial audit, provide for a review of the revenue and expenditures
of the matriculation program.
(c) The Chancellor shall establish a system for evaluation
of the matriculation program on a statewide basis, including procedures
for monitoring compliance with district plans and the requirements
of this chapter.
NOTE : Authority cited:
Sections 66700 and 70901, Education Code. Reference: Sections 78214
and 78217, Education Code.
55514. Data Collection.
Each community college district shall submit an annual report describing
the district's efforts to implement its matriculation plan and expenditures
made for that purpose. In this report, or through the established
management information system or otherwise, the district shall submit
to the Chancellor the data to be collected for evaluation purposes
pursuant to Education Code Section 78214 and Section 55512 of this
Part. Such data shall specifically include, but is not limited to,
the information necessary to permit the Chancellor to determine
the following:
(a) the proportion of students from various ethnic,
gender, age or disability groups, as defined by the Chancellor,
who are placed in precollegiate, associate degree applicable, or
transfer level courses in reading, writing, computation or English
as a Second Language;
(b) the proportion of ethnic, gender, age and disability
groups, as defined by the Chancellor, who enter and complete precollegiate
basic skills courses;
(c) the proportion of ethnic, gender, age and disability
groups, as defined by the Chancellor, completing precollegiate basic
skills courses who subsequently enter and complete courses applicable
to the associate degree;
(d) outcome and retention data, as described in Section
55512(a), indicating the effectiveness of matriculation;
(e) the basis on which the use of particular assessment
instruments, methods or procedures was validated by a district;
(f) the numbers of students exempted, pursuant to
Section 55532, from participation in the district's matriculation
program by category of exemption;
(g) the number of students filing complaints pursuant
to 55534 and the bases of those complaints;
(h) the particular matriculation services, as listed
in Section 55520, which each student received; and
(i) any other matter the Chancellor, after consultation
with community college districts, deems necessary for the effective
evaluation of matriculation programs.
NOTE : Authority cited: Sections 66700
and 70901, Education Code. Reference: Section 78214, Education Code.
55516. Training and Staff Development.
55518. Funding.
(a) The Chancellor shall adopt a funding formula,
consistent with the requirements of this Section, for allocating
matriculation funds to community college districts complying with
the requirements of this chapter.
(b) Each dollar of state matriculation funding shall
be matched by three dollars of other district resources devoted
to the matriculation program.
NOTE : Authority cited:
Sections 66700 and 70901, Education Code. Reference: Section 78216,
Education Code.
Article 3. Matriculation Services
55520. Required Services.
At a minimum, each community college district shall provide students,
except as exempted pursuant to Section 55532, all of the following
services:
(a) the processing of applications for admission;
(b) orientation and pre-orientation services designed
to provide nonexempt students and potential students, on a timely
basis, information concerning college procedures and course scheduling,
academic expectations, financial assistance, and any other matters
the college or district finds appropriate;
(c) assessment for all nonexempt students pursuant
to Section 55524;
(d) counseling or advisement for nonexempt students
pursuant to Section 55523;
(e) assistance in developing a student educational
plan, pursuant to Section 55525, which identifies the student's
educational goals and the courses, services, and programs to be
used to achieve them;
(f) post-enrollment evaluation, pursuant to Section
55526, of each student's progress; and
(g) referral of students to:
(1) support services which may be available, including,
but not limited to, counseling, financial aid, health services,
campus employment placement services, Extended Opportunity Programs
and Services, campus child care services, tutorial services, and
Disabled Student Programs and Services; and
(2) specialized curriculum offerings including but
not limited to, precollegiate basic skills courses and programs
in English as a Second Language.
NOTE : Authority cited:
Sections 66700 and 70901, Education Code. Reference: Section 78212,
Education Code.
55521. Prohibited Practices.
(a) In implementing matriculation services, community college districts
shall not, except as provided in subdivision (b), do any of the
following:
(1) use an assessment instrument which has not been
approved by the Chancellor pursuant to Section 55524, except that
the Chancellor may permit limited field-testing, under specified
conditions, of new or alternative assessment instruments, where
such instruments are not used for placement and are evaluated only
in order to determine whether they should be added to the list of
approved instruments;
(2) use any assessment instrument in a manner or for
a purpose other than that for which it was developed or has been
otherwise validated;
(3) use any single assessment instrument, method or
procedure, by itself, for placement, required referral to appropriate
services, or subsequent evaluation of any student; provided however
that, in the case of assessment instruments, the use of two or more
highly correlated instruments does not satisfy the requirement for
use of multiple measures;
(4) use any assessment instrument, method or procedure
to exclude any person from admission to a community college;
(5) use any assessment instrument, method or procedure
for mandatory placement of a student in or exclusion from any particular
course or educational program, except that districts may establish
appropriate prerequisites pursuant to Sections 55002 and 58106 of
Division 9 of this Part; or
(6) use any matriculation practice which has the purpose
or effect of subjecting any person to unlawful discrimination prohibited
by Chapter 5 (commencing with Section 59300) of Division 10 of this
Part.
(b) Notwithstanding the provisions of subdivisions
(a)(1) and (2), assessment instruments approved by the Secretary
of the United States Department of Education may be used to determine
"ability to benefit" in the process of establishing a
student's eligibility for federal financial aid pursuant to subdivision
(d) of Section 1091 of Title 20 of the United States Code.
NOTE : Authority cited:
Section 11138, Government Code; Sections 66700 and 70901, Education
Code. Reference: Section 11135, Government Code; Sections 72011,
78211, and 78213, Education Code.
55522. Special Accommodations.
Matriculation services for ethnic and language minority students
and students with disabilities, shall be appropriate to their needs,
and community college districts shall, where necessary, make modifications
in the matriculation process or use alternate instruments, methods
or procedures to accommodate the needs of such students. Districts
may require students requesting such accommodations to provide proof
of need. Extended Opportunity Programs and Services (EOPS) and Disabled
Students Programs and Services (DSP&S) are authorized, consistent
with the provisions of Chapter 1 (commencing with Section 56000)
and Chapter 2.5 (commencing with Section 56200) of Division 7 of
this part, to provide specialized matriculation services and modified
or alternative matriculation services to their respective student
populations. Notwithstanding this authorization, participation in
the EOPS and DSP&S programs is voluntary and no student may
be denied necessary accommodations in the assessment process because
he or she chooses not to use specialized matriculation services
provided by these programs. Modified or alternative matriculation
services for limited or non-English-speaking students may be provided
in English as a Second Language programs.
NOTE : Authority cited: Section 11138,
Government Code; Sections 66700, 70901 and 84500.1, Education Code.
Reference: Section 11135, Government Code; Sections 72011, 78211,
78213, and 84500.1, Education Code.
55523. Counseling and Advisement.
(a) If not already required to do so by the minimum standards for
counseling services set forth in Section 51018 of Division 1 of
this Part, each community college district shall do all of the following:
(1) make reasonable efforts to ensure that all nonexempt
students who are on probation participate in counseling as provided
in Section 55759 of this Part;
(2) make reasonable efforts to ensure that all nonexempt
students who have not declared a specific educational goal participate
in counseling to assist them in the process of selecting a specific
educational goal pursuant to Section 55525;
(3) make reasonable efforts to ensure that all nonexempt
students who are enrolled in precollegiate basic skills courses
participate in counseling or advisement;
(4) make available to all students, as defined in
Section 55502(I), advisement or counseling on general academic requirements
and the selection of specific courses by counselors or appropriately
trained instructor/advisors and/or other appropriately trained staff
working in consultation with counselors.
(b) Counseling by appropriately trained counselors
or advisement by appropriately trained staff may also be made available
in any other area the district deems appropriate, including but
not limited to, the interpretation of assessment results and the
development of a student's educational plan as required by Section
55525.
NOTE : Authority cited:
Sections 66700 and 70901, Education Code. Reference: Section 78212,
Education Code.
55524. Assessment.
The Chancellor shall establish and update, at least annually, a
list of approved assessment instruments and guidelines for their
use by community college districts. These guidelines shall identify
modifications of an assessment instrument or the procedures for
its use which may be made in order to provide special accommodations
required by Section 55522 without separate approval by the Chancellor.
Such guidelines shall also describe the procedure by which districts
may seek to have assessment instruments approved and added to the
list. The Chancellor shall ensure that all assessment instruments
included on the list minimize or eliminate cultural or linguistic
bias, are normed on the appropriate populations, yield valid and
reliable information, identify the learning needs of students, make
efficient use of student and staff time, and are otherwise consistent
with the educational and psychological testing standards of the
American Educational Research association, the American Psychological
Association, and the National Council on Measurement in Education.
NOTE : Authority cited:
Sections 66700 and 70901, Education Code. Reference: Section 78213,
Education Code.
55525. Student Educational Plan.
(a) Each community college district shall establish a process for
assisting students to select a specific educational goal within
a reasonable time after admission as required by Section 55530(d).
This shall include, nut not be limited to, the provision of counseling
as required by Section 55523(a)(2).
(b) Once a student has selected a specific educational
goal, the district shall afford the student the opportunity to develop
a student educational plan describing the responsibilities of the
student, the requirements he or she must meet, and the courses,
programs, and services required to achieve the stated goal.
(c) The student educational plan developed pursuant
to subsection (b) shall be recorded in written or electronic form.
The plan, and its implementation shall be reviewed as necessary
to ensure that it continues to accurately reflect the needs and
goals of the student.
(d) If a student believes the district has failed
to make good faith efforts to develop a plan, has failed to provide
services specified in the student educational plan, or has otherwise
violated the requirements of this Section, the student may file
a complaint pursuant to Section 55534(c).
NOTE : Authority cited:
Sections 66700 and 70901, Education Code. Reference: Section 78212,
Education Code.
55526. Student Follow-up.
Each community college district shall establish a student follow-up
process to assist the student in achieving his/her educational goal.
The follow-up system shall ensure that the academic progress of
each student is regularly monitored to detect early signs of academic
difficulty and students shall be provided with advice or referral
to specialized services or curriculum offerings where necessary.
Districts shall also identify and refer to counseling or advisement,
as appropriate pursuant to Section 55523(a), any students who have
not declared a specific educational goal as required by Section
55530, who are enrolled in precollegiate basic skills courses, or
who have been placed on probation.
NOTE : Authority cited: Sections 66700
and 70901, Education Code. Reference: Section 78212, Education Code.
Article 4. Appeals, Waivers, Student Rights
and Responsibilities
55530. Student Rights and Responsibilities.
(a) Nothing in this Subchapter shall be construed to interfere with
the right of a student admitted to a community college in accord
with district admission policies adopted pursuant to Education Code
Section 76000 et seq. To enroll in any course for which he or she
can meet necessary and appropriate prerequisites, if any, which
have been established pursuant to the requirements of Article 2.5
(commencing with Section 55200) of Subchapter 1 of Chapter 6 of
this Division.
(b) Community college districts shall take steps to
ensure that information is available in written form to all students
during or prior to enrollment (e.g., during orientation) and is
included in class schedules, catalogs, or other appropriate publications,
describing their rights and responsibilities under this Chapter.
(c) Districts shall also take steps to ensure that
the matriculation process is efficient so that students are not
discouraged from participating in college programs. Whenever possible,
students should be permitted to avoid additional testing by submitting
scores on recently taken tests that correlate with those used by
the district.
(d) Students shall be required to express at least
a broad educational intent upon admission; declare a specific educational
goal within a reasonable period after admission; participate in
counseling or advisement pursuant to Section 55523(a)(1), (2), and
(3); diligently attend class and complete assigned coursework; and
complete courses and maintain progress toward and educational goal
according to standards established by the district, consistent with
the requirement of Chapter 9 (commencing with Section 55750) of
Division 6 of this Part. The governing board of each community college
district shall adopt clear written policies not inconsistent with
law, specifically defining these responsibilities of students and
the consequences of failure to fulfill such responsibilities. This
policy shall define the period of time within which a student must
identify a specific educational goal as required by this Subsection,
provided however, that all students shall be required to declare
such a goal during the term after which the student completes 15
semester units or 22 quarter units of degree-applicable credit course
work, unless the district policy establishes a shorter period. Once
the student has developed a specific educational goal, the district
must provide the student with an opportunity to develop a student
educational plan pursuant to Section 55525. Student responsibilities
shall also be identified in the student's educational plan developed
pursuant to Section 55525. If a student fails to fulfill the responsibilities
listed in this Subsection, fails to cooperate with the district
in the development of a student educational plan within 90 days
after declaring his or her specific educational goal, or fails to
abide by the terms of his or her student educational plan, the district
may, subject to the requirements of this Chapter, suspend or terminate
the provision of services authorized in Section 55520, provided
however, that nothing in this Section shall be construed to permit
a district to suspend or terminate any service to which a student
is otherwise entitled under any other provision of law.
(e) Information obtained from the matriculation process
shall be considered student records and shall be subject to the
requirements of Chapter 6 (commencing with Section 54600) of Division
5 of this Part.
NOTE : Authority cited: Sections 66700
and 70901, Education Code. Reference: Section 76000, 76001, 76001.5
and 78212, Education Code.
55532. Exemptions.
(a) Community college districts may elect to exempt certain students
from participation in orientation, assessment, counseling or advisement
as required by subsections (b), (c), or (d) of Section 55520. Each
such district shall establish policies specifying the grounds for
exemption. Such policies shall be identified in the matriculation
plan required under Section 55510 and the number of students so
exempted shall be reported, by category, to the Chancellor pursuant
to Section 55514.
(b) District policies may exempt from orientation,
assessment, counseling, or advisement any student who has completed
an associate degree or higher.
(c) Any student exempted pursuant to this Section
shall be notified that he or she is covered by an exemption and
shall be given the opportunity to choose whether or not to participate
in that part of the matriculation process.
(d) District policies may not use any one of the following
as the sole criterion for exempting any student who does not wish
to participate:
(1) the student has enrolled only in evening classes;
(2) the student has enrolled in fewer than some specified
number of units;
(3) the student is undecided about his or her educational
goals; or
(4) the student does not intend to earn a degree or
certificate.
(e) As part of the statewide evaluation provided for
under subsection © of Section 55512, the Chancellor shall analyze
and recommend necessary changes regarding the impact on the matriculation
program of the exemption policies adopted by community college districts.
NOTE : Authority cited:
Sections 66700, 70901, and 78215, Education Code. Reference: Section
78215, Education Code.
55534. Violations, Waivers and
Appeals.
(a) Each community college district shall establish written procedures
by which students may challenge any alleged violation of the provisions
of this Subchapter. Districts shall investigate and attempt to resolve
any such complaints in a timely manner. Such complaint procedures
may be consolidated with existing student grievance procedures by
action of the governing board. Records of all such complaints shall
be retained for at least three years after the complaint has been
resolved and shall be subject to review by the Chancellor as part
of the statewide evaluation required under Section 55512(c).
(b) When a challenge contains an allegation that a
community college district has violated the provisions of Subsection
(f) of Section 55521, the district shall, upon completion of the
challenge procedure established pursuant to this Section, advise
the student that he or she may file a formal complaint of unlawful
discrimination pursuant to Subchapter 5 (commencing with Section
59300) of Chapter 10 of this Division. Completion of the challenge
procedure shall be deemed to satisfy the requirement of Section
59328(b) that the district and the student attempt informal resolution
of the complaint.
NOTE : Authority cited:
Section 11138, Government Code; Sections 66700 and 70901, Education
Code. Reference: Sections 11135-11139.5, Government Code; Sections
78211 and 78213, Education Code.
Article 5. Attendance Accounting
Standards
58051.5 Reports of Apportionment; Prohibited
Classes.
Except as otherwise provided in Article 11 (commencing with Section
76170) of Chapter 1 of Part 46of the Education Code, no community
college district may claim for purposes of state apportionment any
classes:
(a) if the district receives full compensation for
direct education costs for the class from any public or private
agency, individual or group of individuals, or
(b) if such classes are not located in facilities
clearly identified in such a manner, and established by appropriate
procedures, to ensure that attendance in such classes is open to
the general public, except that students may be required to meet
prerequisites which have been established pursuant to Section 58106
of this Chapter.
NOTE : Authority cited:
Sections 66700 and 70901, Education Code. Reference: Section 70901,
Education Code.
Subchapter 2. Limitation on State Aid
Article 1. Open Classes
58106. Limitations on Enrollment.
In order to be claimed for purposes of state apportionment, all
courses shall be open to enrollment by any student who has been
admitted to the college, provided that enrollment in specific courses
or programs may be limited as follows:
(a) Enrollment may be limited to students meeting
prerequisites and corequisites established pursuant to Sections
55200-55202 of this Division,
(b) Enrollment may be limited due to health and safety
considerations, facility limitations, faculty workload, the availability
of qualified instructors, funding limitations, the constraints of
regional planning, or legal requirements imposed by statutes, regulations,
or contracts. The governing board shall adopt policies identifying
any such limitations and requiring fair and equitable procedures
for determining who may enroll in affected courses or programs.
Such procedures shall be consistent with one or more of the following
approaches:
(1) limiting enrollment to a "first-come, first-served"
basis or using other nonevaluative selection techniques to determine
who may enroll; or
(2) limiting enrollment using a registration procedure
authorized by Section 58108; or
(3) in the case of intercollegiate competition, honors
courses, or public performance courses, allocating available seats
to those students judged most qualified; or
(4) limiting enrollment in one or more sections of
a course to a cohort of students enrolled in one or more other courses,
provided, however, that a reasonable percentage of all sections
of the course do not have such restrictions; or
(5) with respect to students on probation or subject
to dismissal, the governing board may, consistent with the provisions
of Sections 55754-55755 of this Part, limit enrollment to a total
number of units or to selected courses, or require students to follow
a prescribed educational plan.
(c) A student may challenge an enrollment limitation
established pursuant to Subsection (b) of this Section on any of
the following grounds:
(1) the enrollment limitation is either unlawfully
discriminatory or is being applied in an unlawfully discriminatory
manner;
(2) the district is not following its policy on enrollment
limitations;
(3) the basis upon which the district has established
an enrollment limitation does not in fact exist; or
(4) any other criteria established by the district.
(d) The student shall bear the burden of showing that
grounds exist for the challenge. Challenges shall be handled in
a timely manner, and if the challenge is upheld, the district shall
waive the enrollment limitation with respect to that student.
(e) In the case of a challenge under Subsection (c)(1)
of this Section, the district shall, upon completion of the challenge
procedure established pursuant to this Section, advise the student
that he or she may file a formal complaint of unlawful discrimination
pursuant to Subchapter 5 (commencing with Section 59300) of Chapter
10 of this Division. Completion of the challenge procedure shall
be deemed to satisfy the requirement of Section 59328(b) that the
district and the student attempt informal resolution of the complaint.
NOTE : Authority cited:
Sections 66700 and 70901, Education Code. Reference: Section 70901,
Education Code.
Subchapter 6. Student Fees
Article 1. Enrollment Fee and Differential
Enrollment Fee
58508 Refunds.
(a) A community college district governing board shall refund
upon request any enrollment fee paid by a student in excess of that
computed pursuant to Section 58501 for program changes made during
the first two weeks of instruction.
(b) A community college district shall not refund
any enrollment fee paid by a student for program changes made after
the first two weeks of instruction unless the program change is
a result of action by the district to cancel or reschedule a class
or to drop a student pursuant to Section 58106(g) where the student
fails to meet a prerequisite.
(c) When refunding an enrollment fee pursuant to subsection
(a), a community college district may retain once each semester
or quarter an amount not to exceed $10.00.
(d) If the district has adopted a withdrawal policy
pursuant to Section 55758 of this Division, any student who is a
member of an active or reserve United States military service, and
who has withdrawn from courses due to military orders, may file
a petition with the district requesting refund of the enrollment
fee. The district shall refund the entire enrollment fee unless
academic credit has been awarded.
NOTE : Authority cited:
Sections 66700, 70901 and 72252, Education Code. Reference: Section
72252, Education Code.
1. The reference to average daily
attendance (ADA) rather than full-time equivalent student (FTES)
is being retained in this Section to accommodate prior year recalculations.
Title 5, Section 58782, provides the transition from ADA to FTES.
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