Education Code section 84362 (aka 50% law)

  • Article 1. Maintenance, Disbursements and Sources
  • Article 3. Duties of the Chancellor ....................... 84320-84328
  • Article 5. Use of Apportionments .......................... 84361-84362
  • Article 7. Community College Fund for Instructional
  • Improvement .................................... 84381-84384

Top of Form




84362. (a) As used in this section, "salaries of classroom 
instructors" means: 
(1) The salary paid to each instructor employed by the district 
whose duties require that the full time for which the instructor is 
employed be devoted to the instruction of students of the district. 
(2) The portion of the salary of each instructor whose duties 
require that a part, but not all, of the full time for which the 
instructor is employed be devoted to the instruction of students of 
the district, which is equal to the portion of the full time actually 
devoted by the instructor to teaching students of the district. 
(3) The salary paid to each instructional aide employed by the 
district, any portion of whose duties are required to be performed 
under the supervision of an instructor. However, the cost of all 
health and welfare benefits provided to the instructors by the 
community college district shall be included within the meaning of 
"salaries of classroom instructors." 
(b) (1) As used in this section, an "instructor" means an employee 
of the district employed in a position requiring minimum 
qualifications and whose duties require him or her to teach students 
of the district for at least one full instructional period each 
school day for which the employee is employed. An instructional 
period is the number of minutes equal to the number of minutes of the 
regular academic period in the community college in which the 
instructor is employed. 
(2) As used in this section, "administrator" means any employee in 
a position having significant responsibilities for formulating 
district policies or administering district programs; and "supervisor" 
means any employee having authority, on behalf of the district, to 
hire, transfer, suspend, lay off, recall, promote, discharge, assign, 
reward, discipline other employees, adjust their grievances, or 
effectively recommend that action, if the exercise of the authority 
is not of a merely routine or clerical nature. 
(c) "Current expense of education" means the gross total expended 
(not reduced by estimated income or estimated federal and state 
apportionments) for the purposes classified in the final budget of a 
district (except one which, during the preceding fiscal year, had 
less than 101 units of full-time equivalent student) for academic 
salaries other than academic salaries for student transportation, 
food services, and community services; classified salaries other than 
classified salaries for student transportation, food services, and 
community services; employee benefits other than employee benefits 
for student transportation personnel, food services personnel, and 
community services personnel; books, supplies, and equipment 
replacement other than for student transportation and food services; 
and community services, contracted services, and other operating 
expenses other than for student transportation, food services, and 
community services. "Current expense of education," for purposes of 
this section, shall not include those expenditures classified as 
sites, buildings, books, and media and new equipment (object of 
expenditure 6000 of the Accounting Manual for California Community 
Colleges), the amount expended from categorical aid received from the 
federal or state government which funds were granted for 
expenditures in a program not incurring any instructor salary 
expenditures or requiring disbursement of the funds without regard to 
the requirements of this section, or expenditures for facility 
acquisition and construction; and shall not include the amount 
expended pursuant to any lease agreement for plant and equipment or 
the amount expended from funds received from the federal government 
pursuant to the "Economic Opportunity Act of 1964" or any extension 
of that act of Congress or the amount expended by a community college 
from state or federal funds received by the community college for 
grants to community college students or for the employment of 
community college students. 
(d) There shall be expended during each fiscal year for payment of 
salaries of classroom instructors by a community college district, 
50 percent of the district's current expense of education. 
(e) If the board of governors determines that a district has not 
expended the applicable percentage of current expense of education 
for the payment of salaries of classroom instructors during the 
preceding fiscal year, the board shall, in apportionments made to the 
district from the State School Fund after April 15 of the current 
fiscal year, designate an amount of the apportionment or 
apportionments equal to the apparent deficiency in district 
expenditures. Any amount so designated by the board of governors 
shall be deposited in the county treasury to the credit of the 
community college district, but shall be unavailable for expenditure 
by the district pending the determination to be made by the board of 
governors on any application for exemption which may be submitted to 
the board of governors. In the event it appears to the governing 
board of a community college district that the application of the 
preceding subdivisions during a fiscal year results in serious 
hardship to the district, or in the payment of salaries of classroom 
instructors in excess of the salaries of classroom instructors paid 
by other districts of comparable type and functioning under 
comparable conditions, the governing board may apply to the board of 
governors, in writing, not later than September 15th of the 
immediately succeeding fiscal year for exemption from the 
requirements of this section. 
(f) Immediately upon applying for the exemption described in 
subdivision (e), the governing board shall provide the exclusive 
representative of the district's academic employees or, if none 
exists, the district or college academic senate, and all academic 
employee organizations eligible for payroll dues deduction, with a 
copy of the application. The exclusive representative, or the 
district or college academic senate, and all academic employee 
organizations eligible for payroll dues deduction, within 30 days of 
its receipt of the application, may transmit to the board of 
governors a written statement opposing the application, setting forth 
reasons for its opposition. 
(g) Upon receipt of the application described in subdivision (f), 
duly approved, and of the statement of opposition, if any, the board 
of governors shall grant the district exemption for any amount that 
is less than one thousand dollars ($1,000). If the amount is one 
thousand dollars ($1,000) or more, the board of governors may grant 
the district exemption from the requirement for the fiscal year for 
which the application is made if a majority of all the members of the 
board of governors finds, in writing, that the district will in fact 
suffer serious hardship or will have to pay salaries of classroom 
instructors in excess of those paid by other districts of comparable 
type and functioning under comparable conditions unless the district 
is granted an exemption. If the exemption is granted, the designated 
moneys shall be immediately available for expenditure by the 
community college district governing board. If no application for 
exemption is made or exemption is denied, the board of governors 
shall order the designated amount or amount not exempted to be added 
to the amounts to be expended for salaries of classroom instructors 
during the next fiscal year. 
(h) The board of governors shall enforce the requirements 
prescribed by this section, and may adopt necessary rules and 
regulations to that end. It may require the submission during the 
college year, by community college district governing boards and 
county superintendents of schools, of the reports and information as 
may be necessary to carry out this section. 
(i) The board of governors, no later than the 10th calendar day of 
each year of the Legislature, shall submit to the Legislature a 
written report on the operation, effect, and the extent of compliance 
with this section by community college districts in the state during 
the two most recently ended fiscal years. The report shall describe 
the activities of the board of governors and the chancellor's 
office, undertaken to ensure compliance with this section, and may 
contain recommendations for legislation pertaining to that subject