Cal. Code Regs. tit. 5 § 11538

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 11538 - Terms and Conditions

Each contract shall expressly include, but not be limited to, the following provisions:

(a) Methods for identifying costs and payment procedures for compliance with subdivisions (2) and (3) of Education Code section 8092.

(b) Performance objectives for each instructional area.

(c) Designation of responsibility for maintaining records of student attendance and achievement. Such records shall be available for review at any time by the California Department of Education.

(d) Instruction shall be provided only under the immediate supervision and control of teachers who hold valid California credentials authorizing the vocational subject to be taught.

(e) That the contractor provide indemnity and defense for the State and public entity, and their respective officers and employees, against any and all claims and liability for death, injury, loss and damage arising out of, or in any manner connected with, the performance of the contract. Such indemnity and defense may be provided either by an appropriate hold harmless clause or a policy of liability insurance coverage, the cost of which is to be borne by the contractor. Such policy shall name the State and public entity, along with their respective officers and employees, as additional insured.

(f) Except when prohibited by law the contractor provide, at his own expense, workers' compensation insurance coverage for any student who performs services or manufactures or assembles products that represent actual or potential income for the contractor.

(g) That the contractor is in compliance with Title VI of the Civil Rights Act of 1964, Title IX of the Higher Education Act of 1972, and all applicable local, state and federal health and safety regulations.

(h) Procedures relating to: transfer of students between the public entity and contractor; number of class hours sufficient to meet the stated performance objectives; and withdrawal of students prior to completion of a course or program.

(i) Terms and conditions relating to enrollment period and cancellation and termination of the contract.

Cal. Code Regs. Tit. 5, § 11538

1. Amendment of subsection (a) filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
2. Renumbering and amendment of former Section 11538 to Section 11535 and renumbering and amendment of former Section 11545 to Section 11538 filed 10-6-83; effective thirtieth day thereafter (Register 83, No. 41).
3. Change without regulatory effect amending subsections (a) and (c) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).