SECTIONS 78030-78034 - California Statutes

EDUCATION CODE

SECTION 78030-78034

78030. (a) The Legislature finds and declares as follows:
(1) Many community college students desire to attend, and do
attend, community colleges outside their district of residence.
(2) Prior to the passage of Proposition 13, interdistrict
attendance restrictions were necessary to provide for payments from
the district of residence to a district of attendance whenever
significant numbers of students were involved.
(3) The fact that community colleges are now substantially reliant
upon the state for financial resources rather than upon local
residents compels a reexamination of the concern over subsidization
of the attendance of nondistrict residents.
(4) Community college district boundaries are often irregular in
configuration and require many students to attend community colleges
in less convenient locations when interdistrict attendance
restrictions are imposed.
(5) Transportation is the most significant cost facing community
college students with regard to college attendance.
(6) It is not in the best interests of the people of the State of
California that attendance at a community college be restricted to a
person's district of residence.
(b) It is the intent of the Legislature in enacting this article
to provide for the unrestricted enrollment and attendance of students
at community colleges, thereby providing each resident of the state
an equal opportunity to attend the community college of his or her
choice.

78031. (a) Subject to Article 1 (commencing with Section 76000) of
Chapter 1 of Part 47, a district resident, as defined for purposes of
Part 41 (commencing with Section 68000), shall be admitted to a
community college in another district without regard to district
boundaries, unless the Board of Governors of the California Community
Colleges finds that compelling, extenuating circumstances exist
under which the application of this policy would be substantially
detrimental to the opportunity of students to obtain a quality
education.
(b) No district shall restrict the admission of its residents into
a community college of another district, nor shall it restrict the
admission of residents of another district into its community college
or colleges, except as authorized under Section 78032.

78032. (a) The Board of Governors of the California Community
Colleges may, pursuant to a finding that one or more of the following
concerns in any community college district requires the restriction
of interdistrict attendance, impose one or more restrictions upon
interdistrict attendance with regard to that district as it deems
necessary:
(1) Protection of the financial health of the district, and of
educational program integrity, including, but not limited to,
maintenance of the appropriate quality and scope of student
educational opportunity.
(2) The need to avoid overcrowding, in light of the available
space in the district.
(3) The priority that resident students not be displaced by
students who do not reside in the district.
(b) No restriction adopted under subdivision (a) shall apply for a
period of longer than two years, absent additional action of the
board of governors to continue that restriction.
(c) (1) No community college district shall recruit any student
who is a resident of any other community college district, except
where an agreement exists between those districts authorizing each
district to recruit within the boundaries of the other district.
(2) If, pursuant to an agreement as described in paragraph (1), a
community college district recruits within the boundaries of another
community college district, it shall recruit from all high schools
within that other district, and may not favor any high schools over
other high schools within that other district.
(3) For purposes of this section:
(A) "Recruiting" means either or both of the following actions by
a community college district, where the apparent purpose is to
encourage student attendance in that district:
(i) The mailing by a community college district, to any address
not within its boundaries, of class schedules or other written
information, except to current or former students of the district or
at the addressee's request.
(ii) The personal visit by a representative of the community
college district to any high school, except in response to an
invitation from the school district of which the high school is a
part.
(B) "Recruiting" does not include any information provided by a
community college district through radio, television, or any
newspaper or other publication that is not published or otherwise
issued by the district, and for which distribution is not limited to
residents of the district.
(d) The board of governors shall authorize the Chancellor of the
California Community Colleges to retain in any fiscal year an amount
of up to 5 percent of the appropriation calculated under Chapter 5
(commencing with Section 84700) of Part 50 as a penalty applicable to
any community college district that violates this article,
including, but not necessarily limited to, any restriction imposed by
the board of governors under this section. Any funds retained
pursuant to this subdivision shall revert to the General Fund.

78033. Nothing in this act shall abrogate any contract existing
between any school districts on the effective date of this chapter.
Any contractual provision in any contract in effect on the effective
date of this chapter shall prevail over any conflicting provision in
this chapter until the termination date of the contract, or upon
termination by mutual agreement of the parties, whichever occurs
first.

78034. (a) In addition to classification as a resident pursuant to
Section 68040, each community college student shall be classified as
either a district resident or a nondistrict resident.
(b) For purposes of classification as a district resident or
nondistrict resident, the following definitions shall be applicable:
(1) "District" means a community college district maintaining one
or more community colleges.
(2) "District resident" means a resident who has residence within
a district in the state.
(3) "Nondistrict resident" means a resident who does not have
residence within a district in the state, or means a student who: (A)
within a 39-month period immediately preceding the residence
determination date, was graduated from a high school which is
situated in territory not within a district, and (B) whose parent or
parents reside in this territory.