§ 59213. Chancellor's Action.

Where a district has failed to file an application for exemption in the manner required by these regulations, or where the Board of Governors has denied any part of a district's deficient amount, the Chancellor shall designate the deficient amount or nonexempted portion thereof to be deposited in the county treasury to the credit of the district from state apportionments but unavailable for expenditure until the district has complied with the requirements of Education Code section 84362 or otherwise instructed by the Chancellor's Office. Such amount may be reduced by expenditures for salaries of classroom instructors exceeding the requirements of Eduction Code section 84362 in the two years immediately following the year of noncompliance. The Chancellor shall instruct the district to develop a plan as to how the amount of the deficiency not exempted by the Board of Governors will be expended for salaries of classroom instructors during the next fiscal year.

The governing board shall certify a plan for achieving compliance with the requirements of Education Code section 84362 with regard to the nonexempted deficiency. The plan shall specify expenditures for salaries of classroom instructors over and above the amount regularly budgeted for the year. The plan shall be submitted to the Chancellor by June 30 of the year before the nonexempted deficiency must be expended. The plan may include consideration of such factors as:

(a) salary increases for instructors (either on- or off-salary schedule);

(b) additional instructors;

(c) additional instructional aides within the definition in section 59204.

(d) conversion of part-time instructors to full-time.

(e) reassignment of qualified personnel from other activities to classroom instruction; and

(f) items other than salaries of classroom instructors, i.e. instructional materials, additional library or counseling staff, etc., with the mutual agreement of the exclusive representative of the district's academic employees or, if none exists, the district or college academic senate, where the district can document the necessity, showing adverse impact on the district if such expenditures were not allowed.

HISTORY

1. New section filed 9-10-90 by the Board of Governors, California Community Colleges, with the Secretary of State; operative 10-10-90 (Register 91, No. 5). Submitted to OAL for printing only pursuant to Education Code section 70901.5(b).

2. Change without regulatory effect amending first paragraph, subsection (f) and Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).

Note

Note: Authority cited: Sections 70901 and 84362, Education Code. Reference: Section 84362, Education Code.