SECTIONS 8530-8538 - California Statutes

EDUCATION CODE

SECTION 8530-8538

8530. Adult basic education is the responsibility of high school
and unified school districts except in those instances where by
mutual agreement the responsibility is assigned to a community
college district.

8531. The high school diploma program is the responsibility of the
high school and unified school districts, but courses leading to a
high school diploma may be offered by a community college district
pursuant to a mutual agreement.

8532. Vocational and occupational training and retraining programs
for adults may be made available in high school, unified, and
community college districts by mutual agreement.

8533. Adult continuing education, including but not limited to,
parent education, consumer education, civic education, education in
special fields, and education in the arts and the humanities, may be
made available in high school, unified, and community college
districts by mutual agreement.

8534. Programs for adults involving postsecondary programs that
meet the standards prescribed by the Board of Governors of the
California Community Colleges for credit and noncredit courses are
the responsibility of community college districts.

8535. (a) When governing boards agree to transfer an existing
program all legal and contractual obligations of either or both
districts under the program shall be clearly stated, with appropriate
time requirements, in the written transfer agreement approved by the
affected governing boards.
(b) The written transfer agreement approved pursuant to
subdivision (a) shall specify the number of units of average daily
attendance and the revenue per unit of average daily attendance
proposed to be transferred from the district with the existing
program. A true copy of the transfer agreement shall be forwarded to
the Superintendent of Public Instruction or the Chancellor of the
California Community Colleges, or both, as appropriate, no later than
three months prior to the effective date of the program transfer.
(c) When part or all of an existing program of a high school or
unified school district is to be transferred to a community college
district by mutual agreement of the affected governing boards, the
transfer agreement shall specify that only courses that qualify as
community college noncredit education under Section 84711 shall be
transferred. A true copy of the complete transfer agreement shall be
forwarded by the community college district to the Chancellor of the
California Community Colleges as specified in subdivision (b).
When part or all of an existing program of a community college
district is transferred to a high school or unified school district
by mutual agreement of the affected governing boards, the transfer
agreement shall specify that only those adult education courses that
are described under Section 41976 shall be transferred. A true copy
of the complete transfer agreement shall be forwarded by the high
school or unified school district to the Superintendent of Public
Instruction as specified in subdivision (b).
(d) The Chancellor of the California Community Colleges and the
Superintendent of Public Instruction shall jointly verify and approve
the courses, the units of average daily attendance, and the revenue
per unit of average daily attendance, including applicable inflation
adjustment, if any, to be transferred under this section. Additional
units of average daily attendance reported by the community college
district, or the high school or unified school district, as a result
of the transfer shall not be subject to any statutory limitations on
fundable increases in average daily attendance, but shall be subject
in subsequent years to statutory calculations of noncredit base
revenue and units of average daily attendance of the community
college district, or the adult base revenue and units of average
daily attendance of the high school or unified school district, as
applicable.
(e) The Chancellor of the California Community Colleges and the
Superintendent of Public Instruction shall jointly determine the
amount of apportionment to be transferred or reappropriated, pursuant
to subdivision (d), from the affected Budget Act appropriation of
the State School Fund by multiplying the units of average daily
attendance to be transferred by the revenue limit per unit of average
daily attendance of the transferring district at the time of the
transfer. The chancellor and the Superintendent of Public Instruction
shall submit appropriate budget documents to the Department of
Finance for approval of the transfer of funds from the applicable
appropriation. The Director of Finance shall approve that transfer.

8536. The governing board of every district affected by this
chapter shall make all reasonable efforts to reach a mutual agreement
when such an agreement is required and shall develop procedures for
this purpose.

8537. If a mutual agreement cannot be reached by the district
governing boards, the points of disagreement shall be resolved by the
State Board of Education and the Board of Governors of the
California Community Colleges.

8538. Effective July 1, 1977, (a) for noncredit classes or programs
offered in community colleges pursuant to this chapter, average
daily attendance for state apportionment purposes shall only be
calculated for such classes or programs which by mutual agreement are
the responsibility of the community colleges pursuant to Sections
8530 and 8531; and (b) for noncredit classes or programs offered in
the community colleges and for classes for adults offered in high
schools or adult schools pursuant to this chapter, average daily
attendance for state apportionment purposes shall only be calculated
for such classes or programs which by mutual agreement are the
responsibility of the community colleges or of the high school or
unified school districts pursuant to Sections 8532 and 8533.