SECTIONS 84361-84362 - California Statutes

EDUCATION CODE

SECTION 84361-84362

84361. If at the end of any fiscal year during which the schools of
a community college district have been maintained for the period
required or permitted by law, there is standing to the credit of the
district an unexpended balance of money received from the State
School Fund, it may be expended for the payment of claims against the
district outstanding, or it may be expended during the succeeding
fiscal year.

84362. (a) As used in this section, "salaries of classroom
instructors" means:
(1) The salary paid to each instructor employed by the district
whose duties require that the full time for which the instructor is
employed be devoted to the instruction of students of the district.
(2) The portion of the salary of each instructor whose duties
require that a part, but not all, of the full time for which the
instructor is employed be devoted to the instruction of students of
the district, which is equal to the portion of the full time actually
devoted by the instructor to teaching students of the district.
(3) The salary paid to each instructional aide employed by the
district, any portion of whose duties are required to be performed
under the supervision of an instructor. However, the cost of all
health and welfare benefits provided to the instructors by the
community college district shall be included within the meaning of
"salaries of classroom instructors."
(b) (1) As used in this section, an "instructor" means an employee
of the district employed in a position requiring minimum
qualifications and whose duties require him or her to teach students
of the district for at least one full instructional period each
schoolday for which the employee is employed. An instructional period
is the number of minutes equal to the number of minutes of the
regular academic period in the community college in which the
instructor is employed.
(2) As used in this section, "administrator" means any employee in
a position having significant responsibilities for formulating
district policies or administering district programs; and "supervisor"
means any employee having authority, on behalf of the district, to
hire, transfer, suspend, lay off, recall, promote, discharge, assign,
reward, discipline other employees, adjust their grievances, or
effectively recommend that action, if the exercise of the authority
is not of a merely routine or clerical nature.
(c) "Current expense of education" means the gross total expended
(not reduced by estimated income or estimated federal and state
apportionments) for the purposes classified in the final budget of a
district (except one which, during the preceding fiscal year, had
less than 101 units of full-time equivalent student) for academic
salaries other than academic salaries for student transportation,
food services, and community services; classified salaries other than
classified salaries for student transportation, food services, and
community services; employee benefits other than employee benefits
for student transportation personnel, food services personnel, and
community services personnel; books, supplies, and equipment
replacement other than for student transportation and food services;
and community services, contracted services, and other operating
expenses other than for student transportation, food services, and
community services. "Current expense of education," for purposes of
this section, shall not include those expenditures classified as
sites, buildings, books, and media and new equipment (object of
expenditure 6000 of the Accounting Manual for California Community
Colleges), the amount expended from categorical aid received from the
federal or state government which funds were granted for
expenditures in a program not incurring any instructor salary
expenditures or requiring disbursement of the funds without regard to
the requirements of this section, or expenditures for facility
acquisition and construction; and shall not include the amount
expended pursuant to any lease agreement for plant and equipment or
the amount expended from funds received from the federal government
pursuant to the "Economic Opportunity Act of 1964" or any extension
of that act of Congress or the amount expended by a community college
from state or federal funds received by the community college for
grants to community college students or for the employment of
community college students.
(d) There shall be expended during each fiscal year for payment of
salaries of classroom instructors by a community college district,
50 percent of the district's current expense of education.
(e) If the board of governors determines that a district has not
expended the applicable percentage of current expense of education
for the payment of salaries of classroom instructors during the
preceding fiscal year, the board shall, in apportionments made to the
district from the State School Fund after April 15 of the current
fiscal year, designate an amount of the apportionment or
apportionments equal to the apparent deficiency in district
expenditures. Any amount so designated by the board of governors
shall be deposited in the county treasury to the credit of the
community college district, but shall be unavailable for expenditure
by the district pending the determination to be made by the board of
governors on any application for exemption which may be submitted to
the board of governors. In the event it appears to the governing
board of a community college district that the application of the
preceding subdivisions during a fiscal year results in serious
hardship to the district, or in the payment of salaries of classroom
instructors in excess of the salaries of classroom instructors paid
by other districts of comparable type and functioning under
comparable conditions, the governing board may apply to the board of
governors, in writing, not later than September 15th of the
immediately succeeding fiscal year for exemption from the
requirements of this section.
(f) Immediately upon applying for the exemption described in
subdivision (e), the governing board shall provide the exclusive
representative of the district's academic employees or, if none
exists, the district or college academic senate, and all academic
employee organizations eligible for payroll dues deduction, with a
copy of the application. The exclusive representative, or the
district or college academic senate, and all academic employee
organizations eligible for payroll dues deduction, within 30 days of
its receipt of the application, may transmit to the board of
governors a written statement opposing the application, setting forth
reasons for its opposition.
(g) Upon receipt of the application described in subdivision (f),
duly approved, and of the statement of opposition, if any, the board
of governors shall grant the district exemption for any amount that
is less than one thousand dollars ($1,000). If the amount is one
thousand dollars ($1,000) or more, the board of governors may grant
the district exemption from the requirement for the fiscal year for
which the application is made if a majority of all the members of the
board of governors finds, in writing, that the district will in fact
suffer serious hardship or will have to pay salaries of classroom
instructors in excess of those paid by other districts of comparable
type and functioning under comparable conditions unless the district
is granted an exemption. If the exemption is granted, the designated
moneys shall be immediately available for expenditure by the
community college district governing board. If no application for
exemption is made or exemption is denied, the board of governors
shall order the designated amount or amount not exempted to be added
to the amounts to be expended for salaries of classroom instructors
during the next fiscal year.
(h) The board of governors shall enforce the requirements
prescribed by this section, and may adopt necessary rules and
regulations to that end. It may require the submission during the
college year, by community college district governing boards and
county superintendents of schools, of the reports and information as
may be necessary to carry out this section.
(i) The board of governors, no later than the 10th calendar day of
each year of the Legislature, shall submit to the Legislature a
written report on the operation, effect, and the extent of compliance
with this section by community college districts in the state during
the two most recently ended fiscal years. The report shall describe
the activities of the board of governors and the chancellor's office,
undertaken to ensure compliance with this section, and may contain
recommendations for legislation pertaining to that subject.