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

Advisory – California Sanctuary Jurisdiction

Number

Title

2021-01

Advisory – Mandated COVID-19 Vaccinations

Number

Title

2020-12

Opinion – Online Class Cameras – On Requirements (PDF)

2020-11

Opinion – Live Synchronous Online Classes and Real-time Captioning (PDF)

2020-09

Advisory – Trump Administration DEI Actions (PDF)

2020-08

Opinion – Student Participation and Recruitment (PDF)

Number

Title

2019-03

Advisory – Federal Public Charge Rule Changes (PDF)
Opinion – Volunteer Aides (PDF)

2019-02

Advisory – AB 2210 Compliance-Nonresident Tuition (PDF)

2019-01

Advisory – Assembly Bill No. 2192: New Requirements for Research Grants (PDF)
Opinion – Student Athlete Meals (PDF)

Number

Title

2018-04

Advisory – Using Criminal History Records in Hiring (PDF)
Advisory – CCC Policy Guidance on Fair Chance Hiring Best Practices 2-8-2019 (PDF)

2018-03

Advisory – Union “Fair Share” Fees; Janus v. AFSCME and Senate Bill 866(2018) (PDF)
Opinion – FIST Program and Residency of Formerly Incarcerated Students (PDF)

2018-02

Advisory – Recent Additions to Nonresident Tuition Exemptions (PDF)
Advisory – Nonresident Tuition Exemption Request Form (PDF)
Advisory – Supplemental Questions and Answers (PDF)
Advisory – AB 540 Flyer (PDF)

2018-01

Advisory – Sanctuary Jurisdiction (PDF)
Opinion – Unaccredited High School Diplomas (PDF)

Number

Title

2016-02

Advisory – Change in Local Election System (PDF)
Opinion – Dual Enrollment and Assembly Bill 288 (CCAP) (PDF)
Opinion – AB 288 Dual Enrollment, March 2016 Partnership Agreement Guidelines for Apportionment Eligibility (PDF)

2016-01

Advisory – Military Recruitment Request for Students List (Solomon Amendment) (PDF)
Opinion – Education Code Section 67380 (Campus Safety Plan) (PDF)

Number

Title

2013-01

Advisory – CalSTRS Audit of Academic Positions at SFCCD (PDF)

2013-02

Opinion – Credit Course Sections Funded by Donations (PDF)

2013-05

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

2013-06

Opinion – Lake Tahoe CCD Nonresident Fees/Interstate Attendance Agreements (PDF)

Number

Title

2012-09

Opinion – Student Fee Handbook (PDF)

2012-07

Opinion – Associated Student Organization (PDF)

2012-05

Opinion – SSCCC Advocacy (PDF)

2012-03

Opinion – Basic Aid Status (PDF)

2012-01

Opinion – State Laws and Preemption Over City Charters (PDF)

Number

Title

2011-05

Opinion – Release of Personally Identifiable Information from Education Records to Foundations (PDF)

2011-04

Opinion – Involuntary Drop after Census Date (PDF)

2011-03

Opinion – Enrollment Fee Waivers (PDF)

2011-02

Advisory – AB 684: Waiver for Amending Trustee Elections (PDF)
Advisory – Election Waiver Request Form (PDF)
Opinion – Time Faculty Qualifications for FON Calculations (PDF)

2011-01

Advisory – Discrimination Complaint Procedure (PDF)

Number

Title

2010-07

Opinion – Limitations on Enrollment for Cohorts of Students (PDF)

2010-06

Opinion – Apportionment Claims for Classes Located on CSU or UC Campuses (PDF)

2010-05

Opinion – Waiver of Student Fees for Armed Forces Members (PDF)

2010-01

Advisory – November 2010: AB 540 Litigation (PDF)

Number

Title

2009-05

Opinion – Nonresidents and Capital Outlay Fees (PDF)

2009-04

Opinion – Application of Catalog Rights to New Degree Requirements (PDF)

2009-03

Opinion – Auxiliary Organization Legal Liability (PDF)

2009-02

Opinion – CCCTran Transcript Fees (PDF)

2009-01

Opinion – Full time Faculty Obligation (PDF)

Number

Title

2008-02

Advisory – October 2008: To Be Arranged (TBA) Hours Compliance Advice (PDF)
Opinion – The Civic Center Act and Partisan Political Activities (Education Code section 82537) (PDF)

2008-01

Advisory – September 2008: AB 540 Litigation (PDF)

Number

Title

2007-01

Advisory – December 2007: Revised Guidelines and Information on AB 540 Exemption from Nonresident Tuition (PDF)

O 07-01

Opinion – Options for Setting Nonresident Tuition (PDF)

L 2007-12

Opinion – May Instructors Assign Incomplete or Failing Grades for the Purpose of Discouraging Cheating by Students? (PDF)

L 2007-09

Opinion – The “District’s Actual Cost” Requirement of California Code of Regulations Title 5, Section 59402(c) With Respect to Required Instructional Materials (PDF)

L 2007-08

Opinion – Minimum Qualifications (PDF)

L 2007-07

Opinion – Availability and Use of Information on Students’ Past Conduct (PDF)

L 2007-06

Opinion – Charging Interest on Deferred Enrollment Fees (PDF)

L 2007-04

Opinion – Clinical Nursing Faculty — Interpretation of Education Code section 87482 (PDF)

L 2007-02

Opinion – Offering Courses Outside of District Boundaries (PDF)

Number

Title

O2006-10

Opinion – 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)

O2006-08

Opinion – 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)

L 2006-07

Opinion – 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)

2006-06

Opinion – 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)

O2006-05

Opinion – May 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

Opinion – Response to questions regarding the application of Education Code section 87483 to college administrators (PDF)

2006-03
O 2006-03

Advisory – October 10, 2006: AB 540 Litigation – Martinez v. U.C. Regents, et al. (PDF)
Opinion – 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)

2006-02
O 2006-02

Advisory – September 27, 2006: Public Records Act Requests for Disclosure of Faculty Aggregate Grades (PDF)
Opinion – 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)

2006-01
L 2006-01

Advisory – May 18, 2006: Changes to Nondiscrimination Regulations (PDF)
Opinion – 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)

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)

Number

Title

O 2004-17

Do certain provisions of the Government Code as amended by Assembly Bill 2756 apply to community college districts? (PDF)

L 2004-16

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)

O 2004-15

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)

O 2004-14

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)

O 2004-13

Admission of high school students over 18 under general admission provisions or as concurrent enrollment students (PDF)

O 2004-11

Student Fees – Required Instructional Materials (PDF)

O 2004-10

District Ability to Count Amounts Paid to Outside Agencies as “Salaries of Classroom Instructors” under the 50% Law (PDF)

E20 04-02

Effect of Ed. Code section 76061 on eligibility requirements of student body officers (PDF)

O 2004-02

Eligibility Requirements for Student Trustees Education Code section 72023.5 (PDF)