Section 55040 - District Policies for Course Repetition(a) The governing board of each community college district shall adopt and publish policies and procedures pertaining to the repetition of credit courses. Such policies and procedures shall not conflict with section 55025 or Education Code section 76224, pertaining to the finality of grades assigned by instructors, or with subchapter 2.5 (commencing with section 59020) of chapter 10 of this division, pertaining to the retention and destruction of student records.(b) The policies and procedures adopted pursuant to subdivision (a) may: (1) designate certain types of courses as "repeatable courses" consistent with the requirements of section 55041;(2) permit a student to repeat a course in an effort to alleviate substandard academic work consistent with the requirements of section 55042;(3) permit or require a student to repeat a course due to significant lapse of time consistent with the requirements of section 55043;(4) permit a student to repeat a portion of a course, other than a physical education, visual arts, or performing arts course, offered for variable units on an open-entry/open-exit basis which the student previously completed only under the circumstances described in section 55044;(5) permit a student to repeat a course which is not designated as a repeatable course, regardless of whether substandard academic work was previously recorded, where the district determines, consistent with section 55045, that there are extenuating circumstances which justify the repetition;(6) permit a student to repeat a direct assessment competency-based education module and be counted as an FTE for state apportionment under the circumstances described in section 55270.9;(7) permit a student with a disability to repeat a special class for students with disabilities any number of times based on an individualized determination that such repetition is required as a disability-related accommodation for that particular student for one of the reasons specified in section 56029. The district policy or procedure may allow the previous grade and credit to be disregarded in computing the student's GPA each time the course is repeated;(8) permit a student to repeat a course determined to be legally mandated as defined in section 55000, regardless of whether substandard academic work has been recorded. Such courses may be repeated for credit any number of times. The governing board of a district may establish policies or procedures requiring students to certify or document that course repetition is legally mandated; and(9) permit a student to petition the district to repeat a course as a result of a significant change in industry or licensure standards such that repetition of the course is necessary for the student's employment or licensure. Such courses may be repeated for credit any number of times. The governing board of the district may establish policies or procedures requiring students to certify or document that there has been a significant change in industry or licensure standards necessitating course repetition.(c) The policies or procedures adopted by the governing board of each community college district pursuant to subdivision (a) may not permit student enrollment in active participatory courses, as defined in section 55000, in physical education, visual arts or performing arts that are related in content, as defined in section 55000, more than four times for semester courses or six times for quarter courses. This limitation applies even if a student receives a substandard grade or "W" during one or more of the enrollments in such a course or petitions for repetition due to extenuating circumstances as provided in section 55045.(d) When course repetition occurs pursuant to this section, the student's permanent academic record shall clearly indicate any courses repeated using an appropriate symbol and be annotated in such a manner that all work remains legible, insuring a true and complete academic history.(e) Notwithstanding the limits set forth above, apportionment will be limited as set forth in section 58161 and 55270.13 for courses in direct assessment competency-based education courses.Cal. Code Regs. Tit. 5, § 55040
1. New article 4 (sections 55040-55043) and section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
2. Amendment filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
3. Amendment of subsections (a), (b)(1) and (c)(2) filed 9-29-2009; operative 10-29-2009. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2009, No. 43).
4. Amendment of subsections (c)(1)-(5) and new subsection (e) filed 9-12-2011; operative 10-12-2011. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2011, No. 37).
5. Repealer of subsections (b)-(b)(2), subsection relettering, amendment of newly designated subsections (b), (b)(2) and (b)(5) and new subsections (b)(8)-(c) filed 12-27-2012; operative 1-26-2013. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2013, No. 1).
6. Amendment of subsection (b)(4) filed 8-6-2013; operative 9-5-2013. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2013, No. 32).
7. Amendment of subsections (a)(6) and (a)(9) filed 4-22-2015; operative 5-22-2015. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2015, No. 17).
8. New subsection (b)(7), and subsection renumbering and amendment of subsection (e) filed 9-3-2021; operative 10-3-2021. Submitted to OAL for filing and printing only pursuant to Education Code section 70901.5 (Register 2021, No. 41).
9. Amendment of section heading and section filed 7-27-2023; operative 8-26-2023. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2023, No. 32). Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
1. New article 4 (sections 55040-55043) and section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
2. Amendment filed 5-16-2008; operative 6-15-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 21).
3. Amendment of subsections (a), (b)(1) and (c)(2) filed 9-29-2009; operative 10-29-2009. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2009, No. 43).
4. Amendment of subsections (c)(1)-(5) and new subsection (e) filed 9-12-2011; operative 10-12-2011. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2011, No. 37).
5. Repealer of subsections (b)-(b)(2), subsection relettering, amendment of newly designated subsections (b), (b)(2) and (b)(5) and new subsections (b)(8)-(c) filed 12-27-2012; operative 1-26-2013. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2013, No. 1).
6. Amendment of subsection (b)(4) filed 8-6-2013; operative 9-5-2013. Submitted to OAL for printing only pursuant to Education Code section 70901.5(Register 2013, No. 32).
7. Amendment of subsections (a)(6) and (a)(9) filed 4-22-2015; operative 5-22-2015. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2015, No. 17).
8. New subsection (b)(7), and subsection renumbering and amendment of subsection (e) filed 9-3-2021; operative 10-3-2021. Submitted to OAL for filing and printing only pursuant to Education Code section 70901.5 (Register 2021, No. 41).