California Code of Regulations
Title 5 - Education
Division 6 - California Community Colleges
Chapter 9 - Fiscal Support
Subchapter 1 - Attendance
Article 5 - Attendance Accounting Standards
Section 58050 - Conditions for Claiming Attendance

Universal Citation: 5 CA Code of Regs 58050

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) All of the following conditions must be met in order for the attendance of students enrolled in a course to qualify for state apportionment:

(1) The course, or the program of which it is a part, must be approved by the governing board of each community college district in accordance with the provisions of subchapter 2 (commencing with section 55100) of chapter 6.

(2) The course must meet the criteria and standards for courses prescribed by section 55002.

(3) Unless expressly exempted by statute, the course must be open to enrollment by the general public, in accordance with section 58051.5 and article 1 (commencing with section 58100) of subchapter 2 of this chapter.

(4) The district may not receive full compensation for the direct education costs for the course from any public or private agency, individual or group of individuals in accordance with section 58051.5.

(5) The students enrolled in the course must be engaged in educational activities required of such students as described in the course outline of record. The number of contact hours for which apportionment is claimed shall not exceed the number specified in the course outline of record, subject to computation adjustments authorized pursuant to other provisions of this subchapter including, but not limited to, sections 58003.1, 58023 and 58164. If the course involves student use of district computers, other equipment, or facilities, the district shall monitor usage of such equipment or facilities as part of the course to ensure that they are used solely for the specified educational activities.

(6) The students must be under the immediate supervision of an employee of the district, unless provided otherwise by law.

(7) The employee of the district must hold valid and unrevoked credentials or be employed pursuant to minimum qualifications adopted by the Board of Governors or equivalencies pursuant to section 53430 authorizing the employee to render service in the capacity and during the period in which the employee served.

(b) The regulations in this article are intended to clarify and interpret attendance accounting terminology used in subdivision (a), and in sections 58051 and 58055.

1. Amendment filed 12-28-83; effective upon filing pursuant to Government Code section 11346.2(d) (Register 83, No. 53).
2. Amendment filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
3. Amendment of section and NOTE filed 12-30-2005; operative 1-29-2006. Submitted to OAL for printing only (Register 2006, No. 1).
4. Change without regulatory effect amending subsection (a)(5) filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
5. Amendment of subsections (a) and (a)(7) filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
6. Amendment of subsections (a)(1) and (b) filed 7-20-2017; operative 8-19-2017. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2017, No. 31).
7. Change without regulatory effect amending NOTE filed 4-7-2022; operative 4-7-2022. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2022, No. 16).

Note: Authority cited: Sections 66700, 70901 and 84500, Education Code. Reference: Sections 70901, 78401, 84500 and 84811, Education Code.

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