topleft CSBA.org >  Services >  Governance Technology > 

Legal Resources | Title 5 |    54200  

Chapter 5. Students Subchapter 3. Attendance Certain Students Residences More than 60 miles from nearest Attendance Center   

arrow Previous bar Next arrow

(a) Any student under 21 years of age, and any student under 25 years of age who has been honorably discharged or is otherwise returning from active or inactive military service within the armed forces of the United States, who resides in this state and more than 60 miles from the nearest community college measured by the usual vehicular route between the student's home and the college, may request to attend credit courses at any community college in the state, whether or not the student's residence is in a district maintaining a community college. The governing board of the district maintaining the community college designated by the student shall admit the student provided all requirements for admission are met.

(b) The provisions of this section shall not apply to any student residing in a district maintaining a community college if that district maintains adequate dormitories or housing facilities or provides adequate transportation for the student between the student's home and community college attendance center.

(c) If the student resides within territory not included within any district and resides more than 60 miles from the nearest community college, measured by the usual vehicular route between the student's home and the attendance center, there shall be paid to the parents or other persons having charge or control of the student and directly to adult students and married minors, by the district in which the student attends, a maintenance allowance not to exceed four dollars ($4) per calendar day, including weekends and school holidays, for the portion of a semester, quarter, or other session or term in which the student is enrolled and attends credit classes full time in a community college under this section. The Chancellor may annually increase this amount by the same percentage increase as the Implicit Price Deflator for State and Local Government Purchase of Goods and Services. Districts shall receive reimbursement from the Chancellor's Office for allowances paid to students from nondistrict territory for the prior fiscal year not to exceed the maximum amount as provided by law.

(d) Notwithstanding any provisions to the contrary, a student is eligible for the maintenance allowance authorized by this section for the period of time that the student is enrolled and attends credit courses full time at a single community college district or combines credit classes taken at no more than two community college districts to constitute full time enrollment in credit classes.

(e) If a student combines enrollment at two districts to satisfy the full time enrollment and attendance requirement of this section, the claim for reimbursement and payment to the student as noted in subdivision (c) shall be made by the district where the student is enrolled for the higher number of credit units. If the student is enrolled for an equal number of credit units at each district, the claim for reimbursement and payment to the student shall be made by the district that is located closer to the student's home address. The district that submits the claim for reimbursement and makes payment to the student is responsible for verifying all the claimed credit units that serve as the basis for payment.

(f) Credit classes offered through distance education that meet the requirements of sections 55200 et seq. may be included in establishing full time enrollment so long as a portion of the credit units taken at each community college district to satisfy the requirements of this section are not taken through distance education.

(g) No later than 60 days after the close of each fiscal year the Chancellor shall determine the daily allowance rate for the prior fiscal year. If claims made by districts exceed total funds appropriated in any fiscal year for this purpose, the Chancellor shall prorate the allowances made under this section. No later than 90 days after the close of each fiscal year, the community college districts shall pay eligible students, as verified by the appropriate county superintendent of schools, at the rate prescribed by the Chancellor.

(h) The Chancellor shall prescribe procedures for the submission of claims by districts.

(i) For the purpose of this section, a person shall be deemed to be honorably discharged from the armed forces (a) if he or she was honorably discharged from the armed forces of the United States or (b) if he or she was inducted into the armed forces of the United States under the "Military Selective Service Act," and

(1) satisfactorily completes his or her period of training and service under that Act and is issued a certificate to that effect pursuant to that Act, or

(2) having served honorably on active duty was transferred to a reserve component of the armed forces of the United States pursuant to that Act, or

(3) was otherwise released pursuant to that Act under honorable conditions.

(j) For the purposes of this section, the term "armed forces of the United States" shall include all regular and reserve components of the uniformed services which are subject to the jurisdiction of the Secretary of Defense, the Secretaries of the Army, Navy and Air Force, and all components of the Coast Guard.

(k) Students residing in nondistrict territory that has been annexed to a community college district and residing more than 60 miles from the nearest community college shall be provided a maintenance allowance as prescribed by this section for up to four years from the date of annexation.

Authority cited:

Education Code 66700

Education Code 70901

Reference:

Education Code 70901

(Amended By Register 2008, No. 21.)