Legal Advisories and Opinions

Advisories

The Office of the General Counsel issues legal advisories concerning current issues within the Board of Governors’ and the Chancellor’s jurisdiction. The advisories are intended to provide information on existing legal matters or affairs and alert local district officials on issues of systemwide concern.

Opinions

The Office of the General Counsel issues written opinions when the request for review is within the Board of Governor’s and chancellor’s jurisdiction and is deemed to be of systemwide concern or continuing public interest, as opposed to individual complaints and concerns. In general, the Office of the General Counsel 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).

Resources

Number

Title

2025-02-27

Advisory Update: California Sanctuary Jurisdiction – Reminders and Resources (PDF)

Number

Title

2024-11-15

AdvisoryCalifornia Sanctuary Jurisdiction

Number

Title

2021-01

AdvisoryMandated COVID-19 Vaccinations

Number

Title

2020-12

OpinionOnline Class Cameras – On Requirements (PDF)

2020-11

OpinionLive Synchronous Online Classes and Real-time Captioning (PDF)

2020-09

AdvisoryTrump Administration DEI Actions (PDF)

2020-08

OpinionStudent Participation and Recruitment (PDF)

Number

Title

2019-03

AdvisoryFederal Public Charge Rule Changes (PDF)
OpinionVolunteer Aides (PDF)

2019-02

AdvisoryAB 2210 Compliance-Nonresident Tuition (PDF)

2019-01

AdvisoryAssembly Bill No. 2192: New Requirements for Research Grants (PDF)
OpinionStudent Athlete Meals (PDF)

Number

Title

2013-01

AdvisoryCalSTRS Audit of Academic Positions at SFCCD (PDF)

2013-02

OpinionCredit Course Sections Funded by Donations (PDF)

2013-05

OpinionIRS Penalties for incorrect or missing TINs on IRS Form 1098-T (PDF)

2013-06

OpinionLake Tahoe CCD Nonresident Fees/Interstate Attendance Agreements (PDF)

Number

Title

2012-09

OpinionStudent Fee Handbook (PDF)

2012-07

OpinionAssociated Student Organization (PDF)

2012-05

OpinionSSCCC Advocacy (PDF)

2012-03

OpinionBasic Aid Status (PDF)

2012-01

OpinionState Laws and Preemption Over City Charters (PDF)

Number

Title

2011-05

OpinionRelease of Personally Identifiable Information from Education Records to Foundations (PDF)

2011-04

OpinionInvoluntary Drop after Census Date (PDF)

2011-03

OpinionEnrollment Fee Waivers (PDF)

2011-02

AdvisoryAB 684: Waiver for Amending Trustee Elections (PDF)
AdvisoryElection Waiver Request Form (PDF)
OpinionTime Faculty Qualifications for FON Calculations (PDF)

2011-01

AdvisoryDiscrimination Complaint Procedure (PDF)

Number

Title

2010-07

OpinionLimitations on Enrollment for Cohorts of Students (PDF)

2010-06

OpinionApportionment Claims for Classes Located on CSU or UC Campuses (PDF)

2010-05

OpinionWaiver of Student Fees for Armed Forces Members (PDF)

2010-01

AdvisoryNovember 2010: AB 540 Litigation (PDF)

Number

Title

2009-05

OpinionNonresidents and Capital Outlay Fees (PDF)

2009-04

OpinionApplication of Catalog Rights to New Degree Requirements (PDF)

2009-03

OpinionAuxiliary Organization Legal Liability (PDF)

2009-02

OpinionCCCTran Transcript Fees (PDF)

2009-01

OpinionFull time Faculty Obligation (PDF)

Number

Title

2008-02

AdvisoryOctober 2008: To Be Arranged (TBA) Hours Compliance Advice (PDF)
OpinionThe Civic Center Act and Partisan Political Activities (Education Code section 82537) (PDF)

2008-01

AdvisorySeptember 2008: AB 540 Litigation (PDF)

Number

Title

O2006-10

OpinionMay 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)

O2006-08

OpinionMay 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)

L 2006-07

OpinionDoes 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)

2006-06

OpinionMay 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)

O2006-05

OpinionMay a district require its part-time faculty to pay for the portion of health benefit premiums not reimbursed by 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)

L 2006-04

OpinionResponse to questions regarding the application of Education Code section 87483 to college administrators (PDF)

2006-03
O 2006-03

AdvisoryOctober 10, 2006: AB 540 Litigation – Martinez v. U.C. Regents, et al. (PDF)
OpinionQuestions 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)

2006-02
O 2006-02

AdvisorySeptember 27, 2006: Public Records Act Requests for Disclosure of Faculty Aggregate Grades (PDF)
OpinionIs 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)

2006-01
L 2006-01

AdvisoryMay 18, 2006: Changes to Nondiscrimination Regulations (PDF)
OpinionDid 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)

Number

Title

L 2005-14

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)

L 2005-12

May a community college district charge students for transportation costs associated with voluntary field trips? (PDF)

E 2005-11

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)

L 2005-10

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)

O 2005-09

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)

O 2005-03

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)