California Code of Regulations › Title 5 - Education › Division 6 - California Community Colleges › Chapter 10 - Community College Administration › Subchapter 4 - Administration of Education Code 84362 › Section 59213 - Chancellor's Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where a district has failed to file an application for
					 exemption in the manner required by these regulations, or where the Board of
					 Governors has denied any part of a district's deficient amount, the Chancellor
					 shall designate the deficient amount or nonexempted portion thereof to be
					 deposited in the county treasury to the credit of the district from state
					 apportionments but unavailable for expenditure until the district has complied
					 with the requirements of Education Code section
					 84362 or
					 otherwise instructed by the Chancellor's Office. Such amount may be reduced by
					 expenditures for salaries of classroom instructors exceeding the requirements
					 of Eduction Code section
					 84362 in
					 the two years immediately following the year of noncompliance. The Chancellor
					 shall instruct the district to develop a plan as to how the amount of the
					 deficiency not exempted by the Board of Governors will be expended for salaries
					 of classroom instructors during the next fiscal year.
The governing board shall certify a plan for achieving
					 compliance with the requirements of Education Code section
					 84362 with regard to the
					 nonexempted deficiency. The plan shall specify expenditures for salaries of
					 classroom instructors over and above the amount regularly budgeted for the
					 year. The plan shall be submitted to the Chancellor by June 30 of the year
					 before the nonexempted deficiency must be expended. The plan may include
					 consideration of such factors as:
(a)
				  salary increases for instructors (either on- or off-salary schedule);
(b) additional instructors;
(c) additional instructional aides within the
				  definition in section
				  59204.
(d) conversion of part-time instructors to
				  full-time.
(e) reassignment of
				  qualified personnel from other activities to classroom instruction;
				  and
(f) items other than salaries
				  of classroom instructors, i.e. instructional materials, additional library or
				  counseling staff, etc., with the mutual agreement of the exclusive
				  representative of the district's academic employees or, if none exists, the
				  district or college academic senate, where the district can document the
				  necessity, showing adverse impact on the district if such expenditures were not
				  allowed.
1. New
					 section filed 9-10-90 by the Board of Governors, California Community Colleges,
					 with the Secretary of State; operative 10-10-90 (Register 91, No. 5). Submitted
					 to OAL for printing only pursuant to Education Code section
					 70901.5(b).
2.
					 Change without regulatory effect amending first paragraph, subsection (f) and
					 NOTE filed 3-15-2006 pursuant to section
					 100, title 1, California Code of
					 Regulations. Submitted to OAL for printing only pursuant to Education Code
					 section
					 70901.5
					 (Register 2006, No. 17).
Note: Authority cited: Sections
						70901 and
						84362,
						Education Code. Reference: Section
						84362,
						Education Code.