2005 California Education Code Sections 76350-76395 Article 2. Authorized Fees

76350.  Except as provided in Section 3074.7 of the Labor Code, no
charges or fees shall be required to be paid by a resident or
nonresident apprentice, or by his or her parent or guardian, for
admission or attendance in any course of activity that is offered
pursuant to Section 3074 of the Labor Code in accordance with the
instructional hours requirements specified in subdivision (d) of
Section 3078 of the Labor Code.
76355.  (a) (1) The governing board of a district maintaining a
community college may require community college students to pay a fee
in the total amount of not more than ten dollars ($10) for each
semester, seven dollars ($7) for summer school, seven dollars ($7)
for each intersession of at least four weeks, or seven dollars ($7)
for each quarter for health supervision and services, including
direct or indirect medical and hospitalization services, or the
operation of a student health center or centers, or both.
   (2) The governing board of each community college district may
increase this fee by the same percentage increase as the Implicit
Price Deflator for State and Local Government Purchase of Goods and
Services. Whenever that calculation produces an increase of one
dollar ($1) above the existing fee, the fee may be increased by one
dollar ($1).
   (b) If, pursuant to this section, a fee is required, the governing
board of the district shall decide the amount of the fee, if any,
that a part-time student is required to pay. The governing board may
decide whether the fee shall be mandatory or optional.
   (c) The governing board of a district maintaining a community
college shall adopt rules and regulations that exempt the following
students from any fee required pursuant to subdivision (a):
   (1) Students who depend exclusively upon prayer for healing in
accordance with the teachings of a bona fide religious sect,
denomination, or organization.
   (2) Students who are attending a community college under an
approved apprenticeship training program.
   (d) (1) All fees collected pursuant to this section shall be
deposited in the fund of the district designated by the California
Community Colleges Budget and Accounting Manual. These fees shall be
expended only to provide health services as specified in regulations
adopted by the board of governors.
   (2) Authorized expenditures shall not include, among other things,
athletic trainers' salaries, athletic insurance, medical supplies
for athletics, physical examinations for intercollegiate athletics,
ambulance services, the salaries of health professionals for athletic
events, any deductible portion of accident claims filed for athletic
team members, or any other expense that is not available to all
students. No student shall be denied a service supported by student
health fees on account of participation in athletic programs.
   (e) Any community college district that provided health services
in the 1986-87 fiscal year shall maintain health services, at the
level provided during the 1986-87 fiscal year, and each fiscal year
thereafter. If the cost to maintain that level of service exceeds the
limits specified in subdivision (a), the excess cost shall be borne
by the district.
   (f) A district that begins charging a health fee may use funds for
startup costs from other district funds, and may recover all or part
of those funds from health fees collected within the first five
years following the commencement of charging the fee.
   (g) The board of governors shall adopt regulations that generally
describe the types of health services included in the health service
program.
76360.  (a) (1) The governing board of a community college district
may require students in attendance and employees of the district to
pay a fee, in an amount, not to exceed forty dollars ($40) per
semester and twenty dollars ($20) per intersession, to be established
by the board, for parking services. The fee shall only be required
of students and employees using parking services and shall not exceed
the actual cost of providing parking services.
   (2) To encourage ridesharing and carpooling, for a student who
certifies, in accordance with procedures established by the board,
that he or she regularly has two or more passengers commuting to the
community college with him or her in the vehicle parked at the
community college, the fee shall not exceed thirty dollars ($30) per
semester and ten dollars ($10) per intersession.
   (b) (1) The governing board may require payment of a parking fee
at a campus in excess of the limits set forth in subdivision (a) for
the purpose of funding the construction of on-campus parking
facilities if both of the following conditions exist at the campus:
   (A) The full-time equivalent (FTES) per parking space on the
campus exceeds the statewide average FTES per parking space on
community college campuses.
   (B) The market price per square foot of land adjacent to the
campus exceeds the statewide average market price per square foot of
land adjacent to community college campuses.
   (2) If the governing board requires payment of a parking fee in
excess of the limits set forth in subdivision (a), the fee may not
exceed the actual cost of constructing a parking structure.
   (c) Students who receive financial assistance pursuant to any
programs described in subdivision (g) of Section 76300 shall be
exempt from parking fees imposed pursuant to this section that exceed
twenty dollars ($20) per semester.
   (d) The governing board of a community college district may also
require the payment of a fee, to be established by the governing
board, for the use of parking services by persons other than students
and employees.
   (e) All parking fees collected shall be deposited in the
designated fund of the district in accordance with the California
Community Colleges Budget and Accounting Manual, and shall be
expended only for parking services or for purposes of reducing the
costs to students and employees of the college of using public
transportation to and from the college.
   (f) Fees collected for use of parking services provided for by
investment of student body funds under the authority of Section 76064
shall be deposited in a designated fund in accordance with the
California Community Colleges Budget and Accounting Manual for
repayment to the student organization.
   (g) "Parking services," as used in this section, means the
purchase, construction, and operation and maintenance of parking
facilities for vehicles and motor vehicles as defined by Sections 415
and 670 of the Vehicle Code.
76361.  (a) The governing board of a community college district may
require students in attendance and employees at a campus of the
district to pay a fee for purposes of partially or fully recovering
transportation costs incurred by the district or of reducing fares
for services provided by common carriers or municipally owned transit
systems to these students and employees.
   (b) Fees authorized by subdivision (a) for transportation services
may be required to be paid only by students and employees using the
services, or, in the alternative, by either of the following groups
of people:
   (1) Upon the favorable vote of a majority of the students and a
majority of the employees of a campus of the district, who voted at
an election on the question of whether or not the governing board
should require all students and employees at the campus to pay a fee
for transportation services for a period of time to be determined by
the governing board of the district, the fees may be required to be
paid by all students and all employees of the campus of the community
college district.
   (2) Upon the favorable vote of a majority of the students at a
campus of the district, who voted at an election on the question of
whether or not the governing board should require all students to pay
a fee for transportation services for a period of time to be
determined by the governing board of the district, the fees may be
required to be paid by all students at the campus of the community
college district.  However, the employees shall not be entitled to
use the services.
   (c) If, pursuant to this section, a fee is required of students
for transportation services, any fee required of a part-time student
shall be a pro rata lesser amount than the fee charged to full-time
students, depending on the number of units for which the part-time
student is enrolled.  In addition, a governing board maintaining
transportation services shall adopt rules and regulations governing
the exemption of low-income students from required fees, and may
adopt rules and regulations that provide for the exemption of others.
   (d) The total fees to be established periodically by the governing
board pursuant to this section shall not exceed the amount necessary
to reimburse the district for transportation costs incurred by the
district in providing the transportation service.  The sum of the fee
authorized pursuant to this section for transportation services and
the fee authorized pursuant to Section 76360 for parking services
shall not exceed sixty dollars ($60) per semester or thirty dollars
($30) per intersession, or the proportionate equivalent for part-time
enrollment.
   (e) The governing board of a community college district also may
require the payment of a fee, to be fixed by the governing board, for
the use of transportation services by persons other than students
and employees.
   (f) This section does not apply to, and no fee shall be charged
for, on-campus shuttles or other transportation services operated on
a campus or between the campus and parking facilities owned by the
district.
76365.  The board of governors shall adopt regulations regarding the
authority of community college districts to require students to
provide various types of instructional materials.  These regulations
shall reflect the intent of the Legislature that community college
districts are not required to provide all materials, textbooks,
equipment, and clothing necessary for each course and program.  These
regulations shall specify the conditions under which districts may
require students to provide those materials that are of continuing
value to the student outside of the classroom setting, including, but
not limited to, textbooks, tools, equipment, clothing, and those
materials that are necessary for the student's vocational training
and employment.  The regulations shall establish a process for
monitoring district compliance with these regulations.
76370.  The governing board of a community college district may
authorize a person to audit a community college course and may charge
that person a fee pursuant to this section.
   (a) If a fee for auditing is charged, it shall not exceed fifteen
dollars ($15) per unit per semester.
   The governing board shall proportionately adjust the amount of the
fee for term lengths based upon a quarter system or other
alternative system approved pursuant to regulations of the board of
governors, and shall also proportionately adjust the amount of the
fee for summer sessions, intersessions, and other short-term courses.
  In making these adjustments, the governing board may round the per
unit fee and the per term or per session fee to the nearest dollar.
   (b) Students enrolled in classes to receive credit for 10 or more
semester credit units shall not be charged a fee to audit three or
fewer semester units per semester.
   (c) No student auditing a course shall be permitted to change his
or her enrollment in that course to receive credit for the course.
   (d) Priority in class enrollment shall be given to students
desiring to take the course for credit towards a degree or
certificate.
   (e) Classroom attendance of students auditing a course shall not
be included in computing the apportionment due a community college
district.
76375.  (a) (1) The governing board of a community college district
may establish an annual building and operating fee for the purpose of
financing, constructing, enlarging, remodeling, refurbishing, and
operating a student body center, which fee shall be required of all
students attending a community college where the student body center
is to be located.
   (2) The fee shall be imposed by the governing board, at its
option, only after a favorable vote of two-thirds of the students
voting in an election held for that purpose at a community college,
in the manner prescribed by the Board of Governors of the California
Community Colleges, and open to all regular students enrolled in
credit classes at the community college. The election shall occur on
a regularly scheduled college day and at least 20 percent of the
students enrolled in credit classes as of October 1 of the college
year during which the election is held must cast a ballot for the
election to be declared valid.
   (3) The annual building and operating fee shall not exceed one
dollar ($1) per credit hour, up to a maximum of ten dollars ($10) per
student per fiscal year. The fee requirement shall not apply to
students enrolled in the noncredit courses designated by Section
84757. The fee requirement shall not apply to a student who is a
recipient of the benefits under the Temporary Assistance for Needy
Families program, the Supplemental Security Income/State
Supplementary Program, or the General Assistance program.
   (4) The fee authorized by this section shall be supplemental to
all other fees charged to community college students.
   (5) If fee income is used to retire obligations the district
incurs when it uses a revenue bond to construct a student center, the
fee shall remain in effect at least until the bond obligation is
retired.
   (b) Each community college district shall be responsible for the
custody of the moneys collected pursuant to this section, and shall
provide the necessary accounting records and controls thereof. The
district shall be reimbursed from these funds in an amount to cover
the cost of custodial and accounting services provided by the
district in connection with these funds. These funds may be expended
by the district only upon submission and approval of the appropriate
claim schedule by the student government or its designee.
   (c) All unexpended funds and money collected by any community
college district pursuant to this section shall be available for
financing, constructing, enlarging, remodeling, refurbishing, and
operating a student body center, and until so used, shall, subject to
the approval of the student government, be deposited or invested in
trust by the appropriate district official in any one or more of the
following ways:
   (1) Deposits in trust accounts of a bank or banks whose accounts
are insured by the Federal Deposit Insurance Corporation.
   (2) Investment certificates or withdrawable shares in state
chartered savings and loan associations and savings accounts of
federal savings and loan associations, if the associations are doing
business in this state and have their accounts insured by the Federal
Savings and Loan Insurance Corporation.
   (3) Purchase of any of the securities authorized for investment by
Section 16430 of the Government Code.
   (4) Participation funds that are exempt from federal income tax
pursuant to Section 501(c)(3) of Title 26 of the United States Code
and that are open exclusively to nonprofit colleges, universities,
and independent schools.
   (5) Investment certificates or withdrawable shares in federal or
state credit unions, if the credit unions are doing business in this
state and have their accounts insured by the National Credit Union
Administration, and if any money so invested or deposited is invested
or deposited in certificates, shares, or accounts fully recovered by
that insurance.
   (6) Deposits with the county treasurer of the county in which the
district is located.
   (d) The student government of a community college with an annual
building and operating fee pursuant to this section shall determine
the appropriate uses of the fee income and the student body center
facility itself.
76380.  (a) An adult enrolled in a noncredit course shall not be
required by the governing board of the district maintaining the class
to pay nonresident tuition or any fee or charge of any kind for a
class in English and citizenship for foreigners, a class in an
elementary subject, a class designated by the governing board as a
class for which high school credit is granted when the class is taken
by a person who does not hold a high school diploma, or any class
offered by a community college district pursuant to Section 8531,
8532, 8533, or 8534.
   (b) The full-time equivalent student of adults in classes
described in subdivision (a) shall be computed as prescribed by
regulations of the board of governors.
76385.  A student enrolled in a class offered by a community college
district that is not eligible for state apportionments may be
required by the governing board of the district maintaining the class
to pay a fee for the class.  The total revenues derived from the fee
shall not exceed the estimated cost of all of these classes
maintained.
76395.  The governing board of a community college district may
impose a fee on a participating student for the additional expenses
incurred when physical education courses are required to use
nondistrict facilities.