Section 51102 - Enforcement(a) If any review or investigation conducted pursuant to section 51100 indicates that a district may be out of compliance with one or more minimum conditions, the Chancellor shall notify the chief executive officer of the district in writing and request a written response from the district by a date specified.(b) After considering the district's written response, the Chancellor may take any one or more of the following actions: (1) engage in discussions with the district to come to an agreement over a compliance plan;(2) require the district to submit and adhere to a plan and timetable for achieving compliance as a condition for continued receipt of state aid;(3) bar the district from eligibility for grants and/or contracts administered by the Chancellor's Office;(4) require the district to re-allocate funds in a manner designed to address the noncompliance;(5) withhold all or part of the allocation of funds which the district would otherwise receive from any categorical program administered by the Chancellor's Office;(6) withhold or reduce the district's state aid, including state general apportionment, and/or growth funding; or(7) take no further action.(c) The remedy required by the Chancellor shall be related to the extent and gravity of noncompliance. Categorical funds shall only be withheld or reduced where the noncompliance was directly related to the operation of that program, or where other funds are not sufficient to cover the extent of the withholding or reduction. The Chancellor may not utilize funds of the Education Protection Account in the State Treasury to support enforcement activities conducted under this chapter.(d) Any withholding, reduction, or reallocation of funding must be approved by the Board, after presentation to the Chancellor's Consultation Council, and may only occur after enforcement efforts under subparagraphs (b)(1) and (b)(2) have failed to achieve compliance.(e) The Chancellor shall report to the Board on any actions taken pursuant to subdivision (b) of this section, and their outcomes. The costs of any action taken under subdivision (b) shall be borne by the district.Cal. Code Regs. Tit. 5, § 51102
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Editorial correction of HISTORY 1 (Register 95, No. 15).
4. Amendment filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
5. Amendment filed 10-25-2022; operative 11-24-2022. Submitted to OAL for filing and printing only pursuant to Education Code section 70901.5 (Register 2022, No. 44). Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
1. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).
2. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Editorial correction of History 1 (Register 95, No. 15).
4. Amendment filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).