Section 8535 Of Article 3. Functions Of Continuing Education Programs From California Education Code >> Division 1. >> Title 1. >> Part 6. >> Chapter 3. >> Article 3.
8535
. (a) When governing boards agree to transfer an existing
program all legal and contractual obligations of either or both
districts under the program shall be clearly stated, with appropriate
time requirements, in the written transfer agreement approved by the
affected governing boards.
(b) The written transfer agreement approved pursuant to
subdivision (a) shall specify the number of units of average daily
attendance and the revenue per unit of average daily attendance
proposed to be transferred from the district with the existing
program. A true copy of the transfer agreement shall be forwarded to
the Superintendent of Public Instruction or the Chancellor of the
California Community Colleges, or both, as appropriate, no later than
three months prior to the effective date of the program transfer.
(c) When part or all of an existing program of a high school or
unified school district is to be transferred to a community college
district by mutual agreement of the affected governing boards, the
transfer agreement shall specify that only courses that qualify as
community college noncredit education under Section 84711 shall be
transferred. A true copy of the complete transfer agreement shall be
forwarded by the community college district to the Chancellor of the
California Community Colleges as specified in subdivision (b).
When part or all of an existing program of a community college
district is transferred to a high school or unified school district
by mutual agreement of the affected governing boards, the transfer
agreement shall specify that only those adult education courses that
are described under Section 41976 shall be transferred. A true copy
of the complete transfer agreement shall be forwarded by the high
school or unified school district to the Superintendent of Public
Instruction as specified in subdivision (b).
(d) The Chancellor of the California Community Colleges and the
Superintendent of Public Instruction shall jointly verify and approve
the courses, the units of average daily attendance, and the revenue
per unit of average daily attendance, including applicable inflation
adjustment, if any, to be transferred under this section. Additional
units of average daily attendance reported by the community college
district, or the high school or unified school district, as a result
of the transfer shall not be subject to any statutory limitations on
fundable increases in average daily attendance, but shall be subject
in subsequent years to statutory calculations of noncredit base
revenue and units of average daily attendance of the community
college district, or the adult base revenue and units of average
daily attendance of the high school or unified school district, as
applicable.
(e) The Chancellor of the California Community Colleges and the
Superintendent of Public Instruction shall jointly determine the
amount of apportionment to be transferred or reappropriated, pursuant
to subdivision (d), from the affected Budget Act appropriation of
the State School Fund by multiplying the units of average daily
attendance to be transferred by the revenue limit per unit of average
daily attendance of the transferring district at the time of the
transfer. The chancellor and the Superintendent of Public Instruction
shall submit appropriate budget documents to the Department of
Finance for approval of the transfer of funds from the applicable
appropriation. The Director of Finance shall approve that transfer.