§ 51102. Enforcement.

(a) If any review pursuant to section 51100 discloses that a district may not be in compliance with the provisions of subchapter 1 (commencing with section 51100) of chapter 2, the Chancellor shall notify the chief executive officer of the district in writing, and shall request an official written response from the district by a date which the Chancellor shall specify.

(b) After receiving the district's written response, or after the time for response has lapsed, the Chancellor shall pursue one or more of the following courses of action:

(1) accept in whole or part the district's response regarding the alleged noncompliance;

(2) require the district to submit and adhere to a plan and timetable for achieving compliance as a condition for continued receipt of state aid;

(3) bar the district from eligibility for grants and/or contracts administered by the Chancellor's Office;

(4) withhold all or part of the allocation of funds which the district would otherwise receive from any categorical program administered by the Chancellor's Office; and/or

(5) withhold or reduce all or part of the district's state aid, including state general apportionment, and/or growth funding.

(c) The remedy required by the Chancellor shall be related to the extent and gravity of noncompliance. As a general rule, categorical funds shall only be withheld or reduced where the noncompliance was directly related to the operation of that program or where other funds are not sufficient to cover the extent of the withholding or reduction. Any withholding or reduction of funding shall require approval of the Board of Governors.

(d) The Chancellor shall report to the Board of Governors on any actions taken pursuant to subdivision (b) of this section, provided that, in the event he or she determines to reduce or withhold all or a portion of a district's state aid, the Chancellor shall inform and obtain the approval of the Board prior to the reduction or withholding.

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 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. 15).

4. Amendment 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).

Note

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