Article 1. General Provisions of California Education Code >> Division 7. >> Title 3. >> Part 49. >> Chapter 2. >> Article 1.
(a) The governing board of a community college district may,
after a public hearing on the matter, request the Board of Governors
of the California Community Colleges to waive, insofar as necessary
to accomplish the purpose of the waiver request, all or part of any
section of this chapter, other than any provision of this article, or
any regulation adopted by the Board of Governors that implements a
provision of this chapter.
(b) If a waiver request involves the sale or lease of district
real property, the governing board of a district requesting a waiver
shall provide written notice of the public hearing conducted pursuant
to subdivision (a), at least 30 days prior to the hearing, to any
city, county, park or recreation district, regional park authority,
or public housing authority within which the land may be situated.
(a) The Board of Governors of the California Community
Colleges may approve any request for waiver upon finding that the
waiver would promote efficiency and further the public benefit.
Waivers may be approved for purposes including, but not necessarily
limited to, joint or shared use of property and facilities and for
collaborative partnerships between colleges and other public and
private entities.
(b) The Board of Governors of the California Community Colleges
shall not approve any request for waiver of any provision of this
chapter pursuant to Section 81250 unless the district seeking the
waiver demonstrates all of the following:
(1) The district has provided the written notice required by
subdivision (b) of Section 81250.
(2) The district, after making a good faith effort, was unable to
reach agreement with any public agency that sought to acquire the
site pursuant to Section 81363.5.
(3) The waiver will not substantially increase state costs or
decrease state revenues.
(4) The waiver will further the ability of the district to meet
the educational needs of the community.
The Chancellor of the California Community Colleges shall
annually report to the Governor and Legislature on the number, types,
and disposition of waiver requests submitted pursuant to Section
81250 on or before July 1 for the prior year actions.