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Learn how to find and understand the California Education Code and Code of Regulations. Discover the relationships between laws, regulations, and codes. Gain insights into local regulations and implementation. Find out where to look for specific topics and code sections.
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Where’s the Code??? CCC New Directors Training September 15, 2015 How to get what you need when you need it
What we are not doing • Listing topics and endless code sections • Having a test at the end • Having a memory contest • Give you our phone numbers so you can call us to find out where the topic and codes are
What you will Learn • How the California Education Code and the California Code of Regulations are structured. • How to tell where to look for topics and code sections • Take the Cloak of Invisibility off the Codes
The Relationships of Laws, Regulations, Codes • The hierarchy of laws, regulations and codes • Federal law is housed in the Department of Education Federal Registry • Both the Federal Registry and California Education Code are laws passed by the Federal and State Governments. • California Senate & Assembly Bills (SB & AB) are housed in the California Education Code.
The California Code of Regulations or Title 5 • This body of code is passed through the California Community College Board of Governors. • Why do we follow this like law? • Because it has the “force of law.” • Every code cited in Title 5 begins with 66700
CEC 66700 • The California Community Colleges are postsecondary schools and shall continue to be a part of the public school system of this state. The Board of Governors of the California Community Colleges shall prescribe minimum standards for the formation and operation of the California Community Colleges and exercise general supervision over the California Community Colleges. • (Amended by Stats. 1990, Ch. 1372, Sec. 219.)
Local Regulation or Code • Your local Board is also given authority to implement Federal, State, and/or Title 5 code locally. Each Code gives discretion on how to implement various initiatives locally. Some Boards are strict, others are flexible, and still others are in between.
Examples? • Priority Registration: some districts have a 75 unit limit instead of 100; 100 is the ceiling of the requirement – but there is no floor. • Probation dismissal varies from district to district. • Academic Renewal varies from District to District
This Presentation will focus on our own state codes • The California Education Code • The California Code of Regulations, Title 5: Education, Division 6: California Community Colleges
California Education Code • Where to go: http://www.oal.ca.gov/ccr.htm
The California Education Code • Higher Education spans from 66000 to 101060 • Title 3 is the Higher Education part of the California Education Code • Parts 40 – 50 pertain to Community Colleges • Parts 41: Residency, 47: Students, and 48: Community College Education Programs are the parts A&R people should know.
Parts of Parts • Each Part of the Education Code is broken into Chapters and Chapters are broken into Articles and Articles are broken into Sections
What A&R uses the most • Part 41, Chapter 1, Sections 68000 – 68134: Residency (look in your conference packet for the residency handout) • 76000 – 76003: Admissions of Students • 76020: Exclusions of Students • Chapter 9.2, Article 3, Sections 66745 – 66749 The Transfer Reform Act or AA/AS – T degrees
CA ED Code Continued • Part 47: Students • Chapter 1: Admissions, Exclusion, Expulsion of students • Chapter 1.5: Privacy and Change of Grade • Chapter 2: Student Fees
CA ED Code Continued • Part 48: • Chapter 1: Educational Programs • Chapter 2: Includes the Student Success Act, Sections 78210 – 78219.
California Code of Regulations • There are 28 Titles you only have to refer to Title 5: Education.
Title 5 There are 10 Divisions in Title 5 California Community Colleges is housed in Division 6
Chapters There are also 10 Chapters but most likely 80% of the time you will only need to reference four to five of those chapters. We’ve highlight the most common four
Every Citation will give you the path in Title 5 to find that citation again: Title 5 Structure Title Division Chapter Subchapter Article Section
Another View Again the structure is: Chapter Subchapter Article Section
Chapter 5 The Students chapter holds residency and student records that are very important reference points
Chapter 6 The first or second most important part of Title 5; this chapter holds almost everything you’ll need to reference (except for chapter 9)
Chapter 9 The other most important part of Title 5; between the two chapters you won’t need to search much further. Chapter 6 may allow you to do some actions (repeat of classes) but chapter 9 tells you that your District will not be funded for those actions.
Chapter 10 Chapter 10 holds the Destruction of Records so you may reference it once in a while. It also holds the audit section which is also a once in a while reference.
How the Sections are laid out • Chapter 2 holds sections 51000 – 51102 • Chapter 5 holds sections 54000 – 54912 • Chapter 6 holds sections 55000 – 55841 • Chapter 9 holds sections 58000 – 58779 • Chapter 10 holds sections 59010 – 59509 • Most section numbers you will reference will be those in chapters 6 and 9.
Okay… where is the stuff I want? • The Student Success Act • CEC: Title 3, Division 7, Part 48, Chapter 2, Sections 78210-78219 • T5: Division 6, Chapter 6, Subchapter 6, Article 1, Sections 55500-55534 • California Residency • CEC: Title 3, Division 5, Part 41, Chapter 1, Sections 68000-68134; T5: Division 6, Chapter 5, Subchapter 1, Sections 54000-54072 • Repeat and Repeatability • T5: Division 6, Chapter 6, Subchapter 1, Article 4, Sections 55040-55046 and Chapter 9, Subchapter 2, Article 5, Section 55046