Legal Opinion E 01-30

Date: November 6, 2001

To: Peter White

Grossmont College

Dear Mr. White:

Ralph Black asked me to respond to your E-mail message in which you asked whether Grossmont Community College could hold an election to enact a $1.00 student center fee pursuant to Education Code section 76375 over a period of several days rather than on just one day.

As you correctly point out section 76375 states that the student center fee election should be held “on a regularly scheduled schoolday.” (Ed Code § 76375(a). However, in enacting section 76375, the legislature instructed that elections should be held “in the manner prescribed by the Chancellor of the California Community Colleges.” (Id.) The regulations governing student fee center elections are found in Title 5 section 58510 and state in pertinent part:

“In instances where the election is conducted for more than one day, those days shall be consecutive and shall be limited to a maximum of five days.” (Cal. Code Regs., tit. 5, § 58510(c).)

Section 58510 contains several additional requirements for holding student center fee elections at a community college under the authority of Education Code section 76375. Those requirements include:

a)  written election procedures;

b)  adequate notice;

c)  the election must be held on a day that counts towards the 175 day requirement;

d)  the ballot proposal must specify the duration of the fee and intended use of revenue; and,

e)  the elections must allow both day and evening students to participate. (Cal. Code Regs., tit. 5, § 58510.)

We conclude that pursuant to section 58510 Grossmont Community College may hold an election to enact a $1.00 student center fee under the authority of Education Code section 76375 over a period of several days provided the College meets all the requirements of section 58510.

Please note that section 58510 is in need of technical revisions that we hope to accomplish as part of the Education Code rewrite project planned for next year. Those revisions include updating all references to Education Code section 72253 to Education Code section 76375 and substituting Title 5 section 58142 for Education Code section 84890 in subsection 58510(c).

Sincerely,

Renee Brouillette

Staff Counsel

E 01-30