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California Education Code Section 76060.5

Legal Research Home > California Laws > Education Code > California Education Code Section 76060.5

76060.5.  (a) If a student body association has been established at
a community college as authorized by Section 76060, the governing
body of the association may order that an election be held for the
purpose of establishing a student representation fee of two dollars
($2) per semester. The election shall be held in compliance with
regulations of the Board of Governors of the California Community
Colleges and shall be open to all regularly enrolled students of the
community college. The affirmative vote of a majority of the students
voting in the election shall be sufficient to establish the fee.
However, the election shall not be sufficient to establish the fee
unless the number of students who vote in the election equals or
exceeds the average of the number of students who voted in the
previous three student body association elections.
   (b) The student representation fee authorized by this section
shall be collected by the officials of the community college,
together with all other fees, at the time of registration or before
registration and shall be deposited in a separate fiduciary fund
established per the California Community Colleges Budget and
Accounting Manual for student representation fees. The money
collected pursuant to this section shall be expended to provide
support for governmental affairs representatives of local or
statewide student body organizations who may be stating their
positions and viewpoints before city, county, and district
governments, and before offices and agencies of state government.
   (c) (1) One dollar ($1) of every two-dollar ($2) fee collected
shall be expended to establish and support the operations of a
statewide community college student organization, recognized by the
Board of Governors of the California Community Colleges, with
effective student representation and participation in state-level
community college shared governance and with governmental affairs
representatives to advocate before the Legislature and other state
and local governmental entities. This subdivision shall only apply to
student representation fees adopted on or after January 1, 2014.
   (2) The underlying goals of a statewide community college student
organization shall include, but are not limited to, all of the
following:
   (A) Establishing a sustainable foundation for statewide community
college student representation and advocacy.
   (B) Promoting institutional and organizational memory.
   (C) Ensuring and maintaining responsible community college student
organizational oversight and decisionmaking.
   (D) Strengthening regional approaches for community college
student representation and coordination.
   (E) Promoting and enhancing student opportunities for engagement
in community college student issues and affairs.
   (F) Providing for open and public transparency and accountability.
   (d) Fees collected pursuant to subdivision (c) shall be annually
distributed to the Board of Governors before February 1. The Board of
Governors shall have custody of the moneys and shall, each year by
April 15, distribute the moneys to the recognized statewide community
college student organization if the recognized statewide community
college student organization satisfies all of the following:
   (1) Is established as a legal entity registered with the Secretary
of State.
   (2) Demonstrates compliance with all applicable state and federal
laws and reporting requirements.
   (3) Exercises prudent fiscal management by establishing generally
accepted accounting controls and procedures.
   (4) (A) Commencing after the first year it receives funding
pursuant to this subdivision, completes an annual independent
financial audit, the results of which shall be annually provided to
the Board of Governors for review.
   (B) (i) Except as provided in clause (ii) and after the first year
funding is received, it shall be a condition for funding pursuant to
this subdivision that the results of the annual audit identify no
significant audit findings.
   (ii) In no event shall funds be withheld from the statewide
community college student organization unless the statewide community
college student organization fails to address and correct any
identified exceptions, concerns, errors, or deficiencies contained in
the annual audit after being given a reasonable opportunity to do
so.
   (5) Meets the obligations and addresses the goals described in
subdivision (c).
   (e) Meetings of the recognized statewide community college student
organization shall be open to the public and shall comply with the
requirements of the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code) and the Ralph M. Brown Act (Chapter 9 (commencing
with Section 54950) of Part 1 of Division 2 of Title 5 of the
Government Code).
   (f) Notwithstanding subdivision (c), a student body association
that adopted a student representation fee before January 1, 2014,
shall retain the authority to continue to receive the one-dollar ($1)
fee as authorized pursuant to this section as it read before January
1, 2014. The student body association may conduct an election
pursuant to subdivision (a) to adopt a revised student representation
fee. If an election conducted pursuant to subdivision (a)
establishes the revised student representation fee, then one dollar
($1) of every two-dollar ($2) fee collected shall be expended as
described in subdivision (c).
   (g) (1) The chief fiscal officer of the community college shall
have custody of the money collected pursuant to this section, except
as provided in subdivision (d), and the money shall be disbursed for
the purposes described in subdivision (b) upon the order of the
governing body of the student body association.
    (2) The community college district shall annually prepare a
summary of all revenue collected from the student representation fee
and the expenditures of the proceeds of the student representation
fee. The summary shall include the amount distributed to the Board of
Governors of the California Community Colleges each year. The
summary shall be presented at the community college district board
meeting each year and posted to the community college district
Internet Web site.
   (3) The community college district may retain a portion of the
fees collected and deposited pursuant to this section that is equal
to the actual cost of administering these fees up to, but not more
than, 7 percent.
   (h) The student representation fee authorized by this section may
be terminated by a majority vote of the students voting in an
election held for that purpose. The election shall be called and held
in compliance with regulations of the Board of Governors of the
California Community Colleges and shall be open to all regularly
enrolled students of the community college.
   (i) A student may, for religious, political, financial, or moral
reasons, refuse to pay the student representation fee established
under this section. The refusal shall be submitted in writing to the
community college officials at the time the student pays other fees
collected by the community college officials. The refusal shall be
submitted on the same form that is used for collection of fees as
provided by the community college, which, as determined by the
community college, shall be as nearly as practical in the same form
as a model form prescribed by regulations of the Board of Governors
of the California Community Colleges.
   (j) Any costs incurred by the Office of the Chancellor of the
California Community Colleges to implement subdivisions (c) and (d)
shall be reimbursed by the statewide community college student
organization.
   (k) If no statewide community college student organization that
qualifies for funding in accordance with this section is recognized
by the Board of Governors, the funds collected pursuant to this
section shall be held by the Office of the Chancellor of the
California Community Colleges until a qualifying statewide community
college student organization is recognized, or shall be returned to
the source of funds.

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Last modified: March 17, 2014