Opinions - Legal Affairs Division
Written opinions are issued by the Legal Affairs Division when the request for review is within the jurisdiction of the Board of Governors and the Chancellor and is deemed to be of systemwide concern or continuing public interest, as opposed to individual complaints and concerns. In general, Legal Affairs only issues written legal opinions for the Board of Governors or in response to a written request (by letter or e-mail) from the state Chancellor's Office or local district officials (such as members of boards of trustees, chancellors, vice chancellors, superintendent/presidents, vice presidents, and district legal counsel).
2010 2009 2008 2007 2006 2005 2004 2003 2002 2001
1997-2000 1993-1996
2011 Opinions
11-05: Release of Personally Identifiable Information from
Education Records to Foundations PDF or Word
11-04: Involuntary Drop after Census Date PDF or Word
11-03: Enrollment Fee Waivers PDF or Word
11-02: Full-Time Faculty Qualifications for FON Calculations PDF or Word
11-01: Instructional Services Agreements and Receiving Apportionment PDF or Word
2010 Opinions
10-07: Limitations on Enrollment for Cohorts of Students PDF or Word
10-06: Apportionment Claims for Classes Located on CSU or UC Campuses PDF or Word
10-05: Waiver of Student Fees for Armed Forces Members PDF or Word
10-01: Student Fee Handbook PDF or Word
2009 Opinions
09-05: Nonresidents and Capital Outlay Fees PDF or Word
09-04: Application of Catalog Rights to New Degree Requirements PDF or Word
09-03: Auxiliary Organization Legal Liability PDF or Word
09-02: CCCTran Transcript Fees PDF or Word
09-01: Full time Faculty Obligation PDF or Word
2008 Opinions
08-02: The Civic Center Act and Partisan Political Activities (Education Code section 82537)
PDF or Word
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2007 Opinions
L 07-12: May Instructors Assign Incomplete or Failing Grades for the Purpose of Discouraging Cheating by Students? PDF or Word
L 07-09: The “District’s Actual Cost” Requirement of California Code of Regulations Title 5, Section 59402(c) With Respect to Required Instructional Materials. PDF or Word
L 07-08: Minimum Qualifications. PDF or Word
L 07-07: Availability and Use of Information on Students’ Past Conduct. PDF or Word
L 07-06: Charging Interest on Deferred Enrollment Fees. PDF or Word
L 07-04: Clinical Nursing Faculty -- Interpretation of Education Code section 87482. PDF or Word
L 07-02: Offering Courses Outside of District Boundaries. PDF or Word
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2006 Opinions
O 06-10: May a college provide instruction in Spanish, or another language other than English, in some sections of a course to those with limited English proficiency, if other sections of the course are conducted in English? PDF or Word
O 06-08: May a college offer a nursing program under a contract with a hospital where the hospital pays the college for the full cost of instruction and then charges members of the public a fee to recover those costs? PDF or Word
L 06-07: Does a student incarcerated in a state prison qualify as a California resident for purposes of nonresident tuition? Is it appropriate to inquire about the student's residency prior to incarceration.
PDF or Word
06-06: May a district that currently provides health services and charges a health services fee under the authority of Education Code section 76355 terminate its health services program if it also stops charging students a health services fee? PDF or Word
O 06-05: May a district require its part-time faculty to pay for the portion of health benefit premiums not reimbursedby the state pursuant to Ed. Code section 87867? If so, can part-time faculty members be required to pay more than one-half of the total cost if the state allocation covers less than half of the cost for health benefits? PDF or Word
L 06-04: Response to questions regarding the application of Education Code section 87483 to college administrators. PDF or Word
O 06-03: Questions regarding the procedures which apply to a community college district's amendment of its application for an exemption from the requirements of Education Code section 84362 (Fifty Percent Law). PDF or Word
O 06-02: Is a student who receives a certificate of completion instead of a regular high school diploma eligible for the exemption from nonresident tuition provided by Education Code section 68130.5.
PDF or Word
L 06-01: Did an election held at Grossmont College validly authorized a mandatory student center fee and, if so, may the fee revenue be used to pay the salary of a custodian to clean the student center?
PDF or Word
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2005 Opinions
L 05-14: May the West Valley Mission CCD use a facility located in the Gavilan CCD to offer Administration of Justice courses under an instructional services agreement with the Santa Clara County Sheriff's Office? PDF or Word
L 05-12: May a community college district charge students for transportation costs associated with voluntary field trips? PDF or Word
E 05-11: Must a "summit conference" being convened by the System Office on Friday October 7, 2005, to discuss future plans for the statewide Student Senate be conducted as a public meeting subject to the requirements of either the Ralph M. Brown Act or the Bagley-Keene Open Meeting Act? PDF or Word
L 05-10: Does Ed. Code § 76361 require a community college district to completely exempt students receiving BOG fee waivers from the mandatory transportation fee authorized by § 76361? PDF or Word
O 05-09: Should a certificate of achievement issued by a high school to a student with exceptional needs be considered evidence of "graduation from a California high school or attainment of the equivalent thereof" for purposes of Education Code § 68130.5 that was enacted through AB 540? PDF or Word
O 05-03: May a community college district adopt a policy which would accord continuing EOPS eligibility to a student with EOPS eligibility who interrupts education due to being called up for military service and returns to college within a short time after completing military service? PDF or Word
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2004 Opinions
O 04-17: Do certain provisions of the Government Code as amended by Assembly Bill 2756 apply to community college districts? PDF or Word
L 04-16: Do persons accused of unlawful discrimination have a right of appeal to the local governing board and to the Chancellor's Office under title 5, section 59300 et seq.? PDF or Word
O 04-15: Is the capital outlay fee required for foreign students pursuant to Education Code section 76141 also required for students exempted from nonresident tuition pursuant to Education Code section 68130.5? PDF or Word
O 04-14: May a district drop a student from a course after instruction has begun where the student fails to pay the enrollment fees for the course? PDF or Word
O 04-13: Admission of high school students over 18 under general admission provisions or as concurrent enrollment students. PDF or Word
O 04-11: Student Fees - Required Instructional Materials. PDF or Word
O 04-10: District Ability to Count Amounts Paid to Outside Agencies as "Salaries of Classroom Instructors" under the 50% Law. PDF or Word
E 04-02: Effect of Ed. Code section 76061 on eligibility requirements of student body officers. PDF or Word
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2003 Opinions
L 03-28: Single Course Equivalencies. PDF or Word
L 03-27: Los Medanos College Student Union fee. PDF or Word
E 03-26: Fees for Adult Classes. PDF or Word
E 03-25: Instructional Materials Fees in Fee-Based Classes. PDF or Word
L 03-24: Student Withdrawal from Classes. PDF or Word
L 03-22: Field Trip Expenses. PDF or Word
L 03-15: Academic Renewal. PDF or Word
M 03-09: New requirements regarding implementation of section 508 of the Rehabilitation Act of 1973. PDF or Word
M 03-06: Community colleges residency classification eligibility for a student seeking a "graduate degree" under Education Code sections 68074 and 68075. PDF or Word
O 03-03: Must the California high school exit examination be administered by community colleges that grant high school diplomas? PDF or Word
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2002 Opinions
L 02-29: Student fees - Legality of a faculty member collecting royalties from mandatory instructional materials.
PDF or Word
L 02-28: Verification of equivalency criteria for faculty hires. PDF or Word
M 02-22: Closed captioning, video format. PDF or Word
M 02-21: Use of hiring pools under section 53021. PDF or Word
M 02-20: Minors, summer school credit courses. PDF or Word
O 02-15: Legal basis for the fiscal policy of requiring districts to include enrollment fees charged and due from students as revenue. PDF or Word
L 02-13: Student Fees - Chemistry department fees: PDF or Word
L 02-03: Child Abuse Reporting. PDF or Word
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2001 Opinions
E 01-38: Do the nondiscrimination provisions of title 5, section 59300 et seq. provide appeal rights to the complainant but not the respondent? PDF or Word
E 01-33: Courses, outside district. PDF or Word
E 01-30: Student fees - student center fee election. PDF or Word
L 01-20: Apportionment, noncredit courses, nonresidents. PDF or Word
L 01-19: Must districts charge and report nonresident tuition for out of state/out of country students enrolled in for-credit contract education courses? PDF or Word
E 01-09: Student Trustees, Eligibility Requirement. PDF or Word
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1997 - 2000 Opinions
E 00-22: Apprenticeship programs, fees, "clock hour' method for reporting attendance. PDF or Word
O 00-14: Definition of "Salaries of Classroom Instructors" contained in Education Code section 84362, the "Fifty Percent Law." PDF or Word
O 99-25: Apprenticeship programs, reporting, reimbursing. PDF or Word
O 99-08: Minimum wage rates for Federal and CalWORKS study. PDF or Word
L 99-02: Student fees - equipment rental fees, student ID card fees. PDF or Word
M 98-17: Minors, admission. PDF or Word
L 98-09: Student fees - Can a newly formed student association order an election to for the purpose of having the student body vote to establish a student representation fee? PDF or Word
M 97-20: Shared Governance, legal advisory. PDF or Word
L 97-17: Student center fees, authorization for use fees pursuant to Education Code section 81901. PDF or Word
O 97-14: Claiming state apportionment for repeated courses. PDF or Word
L 97-11: Student fees - May a district require students to purchase a student ID card which will be required for certain identification procedures and could also be used as a debit card for for purchase of instructional materials? PDF or Word
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1993 - 1996 Opinions
M 96-17: Analysis of CalSACC Report on Student Fees - instructional materials, mailing fees, telephone registration fees, entrance fees for field trips, student center fees, insurance fees, health services fees, parking fees. PDF or Word
L 95-31: May an instructor fail a student who is found guilty of plagiarism or cheating on a specific class assignment? PDF or Word
L 95-33: Student fees, Internet access - May a district charge a student fee to cover the cost of Internet access for a course delivered via the Internet? PDF or Word
O 95-24: Student fees - May the student representative fee be used to pay for certain ancillary expenses associated with representing student interests with governmental entities? PDF or Word
L 95-23: Student fees - Legality of refundable deposit for mental health appointments. PDF or Word
O 94-25: Does the Education Code permit districts to offer classes in noncredit and in community service classes in the same subject area? If so, may a fee be charged for the community service classes? PDF or Word
O 93-12: Did the so-called "saving" clause of SB 1854 effectively negate the repeal of former Education Code section 78930 and thereby continue the authorization for community college districts to charge an instructional materials fee? PDF (Word version not available)
M 93-03: Student fees - payment of enrollment fee in installments. PDF or Word
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