SECTIONS 76000-76002 - California Statutes

EDUCATION CODE

SECTION 76000-76002

76000. The governing board of a community college district shall
admit to the community college any California resident, and may admit
any nonresident, possessing a high school diploma or the equivalent
thereof.
The governing board may admit to the community college any
apprentice, as defined in Section 3077 of the Labor Code, who, in the
judgment of the governing board, is capable of profiting from the
instruction offered.
The governing board may by rule determine whether there shall be
admitted to the community college any other person who is over 18
years of age and who, in the judgment of the board, is capable of
profiting from the instruction offered. If the governing board
determines to admit other persons, those persons shall be admitted as
provisional students and thereafter shall be required to comply with
the rules and regulations prescribed by the board of governors
pertaining to the scholastic achievement and other standards to be
met by provisional or probationary students, as a condition to being
readmitted in any succeeding semester. This paragraph shall not apply
to persons in attendance in special classes and programs established
for adults pursuant to Section 78401 or to any persons attending on
a part-time basis only.

76001. (a) The governing board of a community college district may
admit to any community college under its jurisdiction as a special
part-time or full-time student in any session or term any student who
is eligible to attend community college pursuant to Section 48800 or
48800.5.
(b) If the governing board denies a request for a special
part-time or full-time enrollment at a community college for a pupil
who is identified as highly gifted, the board shall record its
findings and the reasons for denial of the request in writing within
60 days. The written recommendation and denial shall be issued at the
next regularly scheduled board meeting that falls at least 30 days
after the request has been submitted.
(c) The attendance of a pupil at a community college as a special
part-time or full-time student pursuant to this section is authorized
attendance, for which the community college shall be credited or
reimbursed pursuant to Sections 48802 and 76002. Credit for courses
completed shall be at the level determined to be appropriate by the
school district and community college district governing boards.
(d) For purposes of this section, a special part-time student may
enroll in up to, and including, 11 units per semester, or the
equivalent thereof, at the community college.
(e) The governing board of a community college district shall
assign a low enrollment priority to special part-time or full-time
students described in subdivision (a) in order to ensure that these
students do not displace regularly admitted students.

76002. (a) For the purposes of receiving state apportionments, a
community college district may include high school pupils who attend
a community college within the district pursuant to Sections 48800
and 76001 in the district's report of full-time equivalent students
(FTES) only if those pupils are enrolled in community college classes
that meet all of the following criteria:
(1) The class is open to the general public.
(2) (A) The class is advertised as open to the general public in
one or more of the following:
(i) The college catalog.
(ii) The regular schedule of classes.
(iii) An addenda to the college catalog or regular schedule of
classes.
(B) If a decision to offer a class on a high school campus is made
after the publication of the regular schedule of classes, and the
class is solely advertised to the general public through electronic
media, the class shall be so advertised for a minimum of 30
continuous days prior to the first meeting of the class.
(3) If the class is offered at a high school campus, the class
shall not be held during the time the campus is closed to the general
public, as defined by the governing board of the school district
during a regularly scheduled board meeting.
(4) If the class is a physical education class, no more than 10
percent of its enrollment may be comprised of special part-time or
full-time students. A community college district shall not receive
state apportionments for special part-time and full-time students
enrolled in physical education courses in excess of 5 percent of the
district's total reported full-time equivalent enrollment of special
part-time and full-time students.
(b) The governing board of a community college district may
restrict the admission or enrollment of a special part-time or
full-time student during any session based on any of the following
criteria:
(1) Age.
(2) Completion of a specified grade level.
(3) Demonstrated eligibility for instruction using assessment
methods and procedures established pursuant to Chapter 2 (commencing
with Section 78210) of Part 48 and regulations adopted by the Board
of Governors of the California Community Colleges.
(c) (1) The Chancellor of the California Community Colleges shall
prepare and submit to the Department of Finance and the Legislature,
on or before March 1, 2004, and March 1 of each year thereafter, a
report on the amount of FTES claimed by each community college
district for special part-time and special full-time students for the
preceding academic year in each of the following class categories:
(A) Noncredit.
(B) Nondegree-applicable.
(C) Degree-applicable, excluding physical education.
(D) Degree-applicable physical education.
(2) The report prepared pursuant to paragraph (1) may include
information required to be reported pursuant to paragraph (4) of
subdivision (d) of Section 48800.
(d) The Board of Governors of the California Community Colleges
shall adopt rules and regulations to implement this section.