Excerpts from Title 5: Prerequisites

§4940. General Provisions. (Source) (Div. 1, Ch. 5.3, Subch. 1, Art. 5)

• (a) A local agency and its educational institutions shall not provide any course or otherwise carry out any of its educational programs or activities separately on the basis of sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability or require or refuse participation therein by any of its students on such basis, including but not limited to, agriculture, health, physical education, industrial technology, business, career, vocational and emerging technical educational programs, home economics, work experience programs, occupational training programs, research opportunities, visual and performing arts, and adult education courses.
• (b) Portions of classes which deal with human sexuality may be conducted in separate sessions for males and females.
• (c) Local agencies and their educational institutions may make requirements based on vocal range or quality which may result in a chorus or choruses of one, or predominantly one, sex.
• (d) A local agency and its educational institutions shall not permit any course or activity labeling and scheduling which results in the separation of students on the basis of sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability. In educational institutions where students have the opportunity to select a specific activity for a physical education course, the course title and description shall be gender neutral.
• (e) While instruction in all physical education classes is coeducational, nothing in this section shall prohibit the grouping of students during physical education activities by ability when assessed by objective standards of individual performance without regard to sex and all students are involved in the same physical activity or conceptual learning experience at the same time.
• (f) Recruitment. An educational institution may choose to undertake affirmative recruitment efforts to overcome the effect of conditions which resulted in limited participation in certain courses by a particular group of students including but not limited to math, science, emerging technologies, occupational training, and career vocational and technical educational program courses.
• (g) Prerequisites. Nothing herein shall be construed to prohibit the use of prerequisites that have been demonstrated to be essential to success in a given program or course. If a prerequisite is not essential to success in a given course or program, it shall be abolished as a prerequisite.
• (h) Required Courses. In determining required courses for any student, such determination shall be made without regard to sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability, except as otherwise provided in these regulations.

§53200. Definitions. (Source) (Div. 6, Ch. 4, Subch. 2, Art. 2)

For the purpose of this Subchapter:

• (a) "Faculty" means those employees of a community college district who are employed in positions that are not designated as supervisory or management for the purposes of Article 5 (commencing with Section 3540) of Chapter 10.7 of Division 4 of Title 1 of the Government Code, and for which minimum qualifications for hire are specified by the Board of Governors.
• (b) "Academic senate," "faculty council," and "faculty senate" means an organization formed in accordance with the provisions of this Subchapter whose primary function, as the representative of the faculty, is to make recommendations to the administration of a college and to the governing board of a district with respect to academic and professional matters. For purposes of this Subchapter, reference to the term "academic senate" also constitutes reference to "faculty council" or "faculty senate."
• (c) "Academic and professional matters" means the following policy development and implementation matters:
  • (1) curriculum, including establishing prerequisites and placing courses within disciplines;
  • (2) degree and certificate requirements;
  • (3) grading policies;
  • (4) educational program development;
  • (5) standards or policies regarding student preparation and success;
  • (6) district and college governance structures, as related to faculty roles;
  • (7) faculty roles and involvement in accreditation processes, including self-study and annual reports;
  • (8) policies for faculty professional development activities;
  • (9) processes for program review;
  • (10) processes for institutional planning and budget development; and
  • (11) other academic and professional matters as are mutually agreed upon between the governing board and the academic senate.
• (d) "Consult collegially" means that the district governing board shall develop policies on academic and professional matters through either or both of the following methods, according to its own discretion:
  • (1) relying primarily upon the advice and judgment of the academic senate; or
  • (2) agreeing that the district governing board, or such representatives as it may designate, and the representatives of the academic senate shall have the obligation to reach mutual agreement by written resolution, regulation, or policy of the governing board effectuating such recommendations.

§55002. Standards and Criteria for Courses and Classes. (Source) (Div. 6, Ch. 6, Subch. 1, Art. 1)

• (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 college and/or district curriculum committee and approved 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 requires students to study independently outside of class time.
    • (D) Prerequisites and Co-requisites. 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 co-requisites 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 co-requisites 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) prec-ollegiate 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) pre-collegiate 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 prepares 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 co-requisites. When the college and/or district curriculum committee deems appropriate, the course may require prerequisites or co-requisites for the course that are established, reviewed, and applied in accordance with Article 2.5 (commencing with Section 55200) of this Subchapter.
  • (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. Taken together, these course specifications shall be such as to typically enable any student who successfully completes all of the assigned work prescribed in the outline of record to successfully meet the course objectives.
  • (4) Conduct of Course. All sections of the course are 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 Division 2 (commencing with Section 51000), Sections 55761-55763 and 58161 of this Division.
• (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 5, 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 other specifications defined in the course outline of record.
• (d) Community Services Class. A community services class is a class that 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; and
  • (6) may not be claimed for apportionment purposes.

§55200. Definitions. (Source) (Div. 6, Ch. 6, Subch. 1, Art. 2.5)

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) "Co-requisite" 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 co-requisite 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 co-requisite course.

§55201. Policies for Prerequisites, Co-requisites, and Advisories on Recommended Preparation. (Source) (Div. 6, Ch. 6, Subch. 1, Art. 2.5)

• (a) The governing board of a community college district may establish prerequisites, co-requisites, and advisories on recommended preparation, but must do so in accordance with the provisions of this Article. Nothing in this subchapter shall be construed to require a district to establish prerequisites, co-requisites, or advisories on recommended preparation; provided however, that a prerequisite or co-requisite shall be required if the course is to be offered for associate degree credit and the curriculum committee finds that the prerequisite or co-requisite is necessary pursuant to Section 55002(a)(2)(D) or 55002(a)(2)(E).
• (b) A governing board choosing to establish prerequisites, co-requisites, or advisories on recommended preparation shall, in accordance with the provisions of Sections 53200-53204 of this Division, adopt policies for the following:
  • (1) The process for establishing prerequisites, co-requisites, and advisories on recommended preparation. Such policies shall provide that in order to establish a prerequisite or co-requisite, the prerequisite or co-requisite must be determined to be necessary and appropriate for achieving the purpose for which it is being established. District policies shall also specify the level of scrutiny that shall be required in order to establish different types of prerequisites, co-requisites, and advisories on recommended preparation. At a minimum, prerequisites, co-requisites, 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 co-requisite 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 and co-requisites shall be made on a course-by-course or program-by-program basis.
  • (2) Procedures to assure that courses for which prerequisites or co-requisites 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 co-requisite.
  • (3) The process, including levels of scrutiny, for reviewing prerequisites and co-requisites to assure that they remain necessary and appropriate. These processes shall provide that at least once each six years all prerequisites and co-requisites 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 co-requisite.
• (c) Prerequisites or co-requisites may be established only for any of the following purposes:
  • (1) the prerequisite or co-requisite 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 co-requisite 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 co-requisite is highly unlikely to receive a satisfactory grade in the course or program for which the co-requisite is being established; or
  • (4) the prerequisite or co-requisite 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 co-requisite 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 co-requisite 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 co-requisite 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 co-requisite. If the curriculum committee initially determines, pursuant to Section 55002(a)(2)(E), that a new course needs to have a communication or computation skill prerequisite or co-requisite, then, despite Subsection (d) of this Section, the prerequisite or co-requisite 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 co-requisite have been met. The requirements of this subdivision related to collection of data shall not apply when:
  • (1) four-year institutions will not grant credit for a course unless it has the particular communication or computation skill prerequisite; or
  • (2) the prerequisite or co-requisite is required for enrollment in a program, that program is subject to approval by a state agency other than the Chancellor's Office and both of the following conditions are satisfied:
    • (A) colleges in at least six different districts have previously satisfied the data collection requirements of this subdivision with respect to the same prerequisite or co-requisite for the same program; and
    • (B) the district establishing the prerequisite or co-requisite conducts an evaluation to determine whether the prerequisite or co-requisite has a disproportionate impact on particular groups of students described in terms of race, 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.
• (f) Any prerequisite or co-requisite 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 is upheld, the student shall be permitted to enroll in the course or program in question. Grounds for challenge are:
  • (1) The prerequisite or co-requisite has not been established in accordance with the district's process for establishing prerequisites and co-requisites;
  • (2) The prerequisite or co-requisite is in violation of this Article;
  • (3) The prerequisite or co-requisite 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 co-requisite;
  • (5) The student will be subject to undue delay in attaining the goal of his or her educational plan because the prerequisite or co-requisite 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.

§55202. Additional Rules. (Source) (Div. 6, Ch. 6, Subch. 1, Art. 2.5)

The following additional rules apply to the establishment of prerequisites and co-requisites:

• (a) Prerequisites, co-requisites, 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 (commencing with Section 55500) of Chapter 6 of this Division.
• (d) If a prerequisite requires pre-collegiate skills in reading, written expression, or mathematics, the governing board of a district shall ensure that pre-collegiate 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 co-requisite course is established, sufficient sections shall be offered to reasonably accommodate all students who are required to take the co-requisite. A co-requisite shall be waived as to any student for whom space in the co-requisite course is not available.
• (f) No exit test may be required to satisfy a prerequisite or co-requisite unless it is incorporated into the grading for the prerequisite or co-requisite 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 co-requisite. 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.

 §58051. Method for Computing Full-Time Equivalent Student (FTES). (Source) (Div. 6, Ch. 9, Subch. 1, Art. 5)

• (a)
  • (1) Except as otherwise provided, in computing the full-time equivalent student of a community college district, there shall be included only the attendance of students while they are engaged in educational activities required of students and while they are under the immediate supervision and control of an academic employee of the district authorized to render service in the capacity and during the period in which he or she served.
  • (2) A community college district may also include the attendance of students enrolled in approved courses or programs of independent study, including courses or programs formerly conducted as coordinated instruction systems, who are under the supervision, control, and evaluation, but not necessarily in the immediate presence, of an academic employee of the district who is authorized to render such service. Such attendance may only be included for college level credit courses and programs which are accepted for completion of an appropriate educational sequence leading to an associate degree, and which generally are recognized upon transfer by institutions of the University of California or the California State University. The community college district shall determine the nature, manner, and place of conducting any independent study courses or program in accordance with rules and regulations adopted by the Board of Governors of the California Community Colleges to implement the purposes of this subsection. The rules and regulations shall require community college districts to ensure that the components of each individual study course or program for each student shall be set out in a written record or program, including the number of units and hours of study required, the arrangements for consultation with the instructor, the work product to be evaluated, and the college facility required. The rules and regulations shall also provide for input from, and participation by, faculty, who are selected by academic senates or faculty councils, and students, in the development and evaluation of approved educational courses and programs.
  • (3) A community college district may also include the attendance of students enrolled in approved distance education in accordance with the provisions of article 3 (commencing with section 55205) of subchapter 1 of chapter 6.
• (b) For the purpose of work-experience education programs in the community colleges meeting the standards of the California State Plan for Vocational Education, "immediate supervision" of off-campus work training stations means student participation in on-the-job training as outlined under a training agreement, coordinated by the community college district under a state-approved plan, wherein the employer and academic school personnel share the responsibility for on-the-job supervision. The student/instructor ratio in the work-experience program shall not exceed 125 students per full-time equivalent academic coordinator.
• (c) For purposes of computing the full-time equivalent student of a community college district, attendance shall also include student attendance and participation in in-service training courses in the areas of police, fire, corrections, and other criminal justice system occupations that conform to all apportionment attendance and course of study requirements otherwise imposed by law, if the courses are fully open to the enrollment and participation of the public. However, prerequisites for the courses shall not be established or construed so as to prevent academically qualified persons who are not employed by agencies in the criminal justice system from enrolling in and attending the courses.
• (d) Notwithstanding Subsection (c) and any regulations related thereto, a community college may give preference in enrollment to persons who are employed by, or serving in a voluntary capacity with, a fire protection or fire prevention agency in any course of in-service fire training at the community college in cooperation with any fire protection or fire prevention agency or association. Preference shall only be given when such persons could not otherwise complete the course within a reasonable time and when no other training program is reasonably available. At least 15 percent of the enrollment in in-service fire training courses shall consist of persons who are neither volunteers of, nor employed by, a fire protection or fire prevention agency or association, if the persons are available to attend a course. Full-time equivalent student for the courses shall be reported for state aid.
• (e) Subsection (d) shall apply only to the following:
  • (1) Community colleges which, in cooperation with any fire protection or fire prevention agency or association, have been, as of January 1, 1980, the primary source of in-service fire training for any fire protection or fire prevention agency or association.
  • (2) Community colleges which, in cooperation with any fire protection or fire prevention agency or association, establish in-service fire training for any fire protection or fire prevention agency or association which did not have in-service fire training, prior to January 1, 1980.
• (f) In the event that in-service training courses are restricted to employees of police, fire, corrections, and other criminal justice agencies, attendance for the restricted courses shall not be reported for purposes of state apportionments. A community college district which restricts enrollment in in-service training courses may contract with any public agency to provide compensation for the cost of conducting such courses.
• (g) Positive records of student admissions and full-time equivalent student in all in-service training courses in the areas of police, fire, corrections, and other criminal justice system occupations, as described in Subsection (c), shall be maintained by each district and shall be separately reported annually to the Chancellor's Office.

 §58106. Limitations on Enrollment. (Source) (Div. 6, Ch. 9, Subch. 2, Art. 1)

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 co-requisites 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 non-evaluative 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 completion, 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 exists 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.

 §58508. Refunds. (Source) (Div. 6, Ch. 9, Subch. 6, Art. 1)

• (a) A community college district governing board shall refund upon request any enrollment fee paid by a student pursuant to Sections 58501 or 58501.1 for program changes made during the first two weeks of instruction for a primary term-length course, or by the 10 percent point of the length of the course for a short-term course.
• (b) A student shall be allowed at least two weeks from the final qualifying date of the program change specified in Subsection (a) to request an enrollment fee refund.
• (c) 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 for a primary term-length course, or after the 10 percent point of the length of the course for a short-term course, 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 55202(g) where the student fails to meet a prerequisite.
• (d) 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.
• (e) If the district has adopted a withdrawal policy pursuant to Section 55758, 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 fee unless academic credit has been awarded.
• (f) Prior to refunding any enrollment fee or tuition, the district may determine if the student received federal Title IV funds during the term of enrollment. If funds were received, the refund may be held for up to 30 days while the district determines if any institutional or student return to the federal Title IV programs is due under Section 485 of the Higher Education Amendments of 1998, P.L. 105-244. If a return is deemed to be required, the amount of enrollment fee refund may first be used to meet any return obligation of the district and, if an amount of enrollment fee refund remains after the district obligation has been met, that amount may be used to meet any return obligation of the student. If an enrollment fee refund amount remains after all return obligations have been met, the student shall receive the remainder.