§ 59402. Definitions.

For the purposes of this subchapter the following definitions apply:

(a) “Required instructional materials” means any materials which a student must procure or possess as a condition of registration, enrollment or entry into a class; or any such material which the instructor determines is necessary to achieve the required objectives of a course.

(b) “Solely or exclusively available from the district” means that the instructional material is not available except through the district, or that the district requires that the instructional material be purchased or procured from it. A material shall not be considered to be solely or exclusively available from the district if it is provided to the student at the district's actual cost and:

(1) the instructional material is otherwise generally available, but is provided solely or exclusively by the district for health and safety reasons; or

(2) the instructional material is provided in lieu of other generally available but more expensive material which would otherwise be required.

(c) “Required instructional materials which are of continuing value outside of the classroom setting” are materials which can be taken from the classroom setting, and which are not wholly consumed, used up, or rendered valueless as they are applied in achieving the required objectives of a course which are to be accomplished under the supervision of an instructor during the class.

HISTORY

1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).

2. Amendment of opening statement, subsections (a) and (c)-(c)(2) and Note filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).

3. Editorial correction of History 1 (Register 95, No. 29).

4. Amendment of first paragraph and new subsection (e) filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).

5. Amendment filed 8-8-2012; operative 9-7-2012. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2012, No. 32).

Note

Note: Authority cited: Sections 66700, 70901 and 76365, Education Code. Reference: Sections 70901, 70902 and 76365, Education Code.