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Chancellor's Recommendation.   

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(a) The Chancellor shall annually determine the percentage of current expenses of education expended for salaries of classroom instructors during the preceding fiscal year for each district from information submitted on the "Annual Financial and Budget Report" (CCFS-311) and from information reported in the annual audit reports required by Education Code Section 84040.

(b) The Chancellor's Office shall analyze each application for exemption together with statements of opposition submitted by the academic employee organization(s) and the audit report submitted pursuant to Education Code Section 84040 to determine compliance with Education Code Section 84362. If requested by the exclusive representative of the district's academic employees or the district, the Chancellor or designee shall hold a hearing to collect and consider additional information.

(c) If the district filed an application for exemption as required by these regulations, the Chancellor shall recommend one of the following actions to the Board of Governors:

(1) that the Board deny the application;

(2) that the Board grant the application; or

(3) that the Board grant the application in part.

(d) The Board of Governors shall determine whether the facts presented by the Chancellor established that application of the 50 percent salary requirement would have resulted in serious hardship or in expenditures for salaries of classroom instructors in excess of that paid by comparable districts.

Authority cited:

Education Code 70901

Education Code 84362

Reference:

Education Code 84362

(Amended by Register 94, No. 38)