Section 78032 Of Article 2. Interdistrict Attendance From California Education Code >> Division 7. >> Title 3. >> Part 48. >> Chapter 1. >> Article 2.
78032
. (a) The Board of Governors of the California Community
Colleges may, pursuant to a finding that one or more of the following
concerns in any community college district requires the restriction
of interdistrict attendance, impose one or more restrictions upon
interdistrict attendance with regard to that district as it deems
necessary:
(1) Protection of the financial health of the district, and of
educational program integrity, including, but not limited to,
maintenance of the appropriate quality and scope of student
educational opportunity.
(2) The need to avoid overcrowding, in light of the available
space in the district.
(3) The priority that resident students not be displaced by
students who do not reside in the district.
(b) No restriction adopted under subdivision (a) shall apply for a
period of longer than two years, absent additional action of the
board of governors to continue that restriction.
(c) (1) No community college district shall recruit any student
who is a resident of any other community college district, except
where an agreement exists between those districts authorizing each
district to recruit within the boundaries of the other district.
(2) If, pursuant to an agreement as described in paragraph (1), a
community college district recruits within the boundaries of another
community college district, it shall recruit from all high schools
within that other district, and may not favor any high schools over
other high schools within that other district.
(3) For purposes of this section:
(A) "Recruiting" means either or both of the following actions by
a community college district, where the apparent purpose is to
encourage student attendance in that district:
(i) The mailing by a community college district, to any address
not within its boundaries, of class schedules or other written
information, except to current or former students of the district or
at the addressee's request.
(ii) The personal visit by a representative of the community
college district to any high school, except in response to an
invitation from the school district of which the high school is a
part.
(B) "Recruiting" does not include any information provided by a
community college district through radio, television, or any
newspaper or other publication that is not published or otherwise
issued by the district, and for which distribution is not limited to
residents of the district.
(d) The board of governors shall authorize the Chancellor of the
California Community Colleges to retain in any fiscal year an amount
of up to 5 percent of the appropriation calculated under Chapter 5
(commencing with Section 84700) of Part 50 as a penalty applicable to
any community college district that violates this article,
including, but not necessarily limited to, any restriction imposed by
the board of governors under this section. Any funds retained
pursuant to this subdivision shall revert to the General Fund.