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Chapter 10 Community College Administration. Administration of Education Code 84362. Supplemental Definition of "Serious Hardship" for F/Y 2009-10 through 2012-13.   

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"Serious hardship" is defined in section 59204. Notwithstanding the provisions of section 59204, "serious hardship" is further defined as follows:

Conformance with the 50 percent requirement during the year of deficiency would have likely resulted in a substantial reduction of funding for categorical programs as compared to the level of funding for categorical programs in 2008-09. Such a reduction would have had a detrimental impact on those programs and a detrimental impact on student success.

In determining the serious hardship under this section, the Board of Governors shall consider the following:

(a) the level of categorical funding provided by the state for categorical programs in 2008-09 compared to the fiscal year for which an exemption is requested; and

(b) the district's level of unrestricted general fund support for categorical programs in 2008-09 compared to the fiscal year for which an exemption is requested.

It is not the intent of this section to provide an exemption for a district that would have expended less than 50 percent of its CEE on the payment of classroom instructors absent the reduction of categorical funding.

This section shall be in effect for fiscal years 2009-10 through 2012-13.

Authority cited:

Education Code 70901

Education Code 84362

Reference:

Education Code 84362

(Added by Register 2010, No. 35.)