Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 675

Introduced by Assembly Member Fong

February 21, 2013

An act to amend Section begin delete 70901 end delete begin insert 87606 end insert of the Education Code, relating to community colleges.

LEGISLATIVE COUNSEL’S DIGEST

AB 675, as amended, Fong. Community colleges: begin delete Board of Governors of the California Community Colleges. end delete begin insert employment of faculty. end insert

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. begin delete Existing law specifies the duties of the board of governors. end delete

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This bill would make nonsubstantive changes in the provision relating to the duties of the board of governors.

end delete begin insert

Existing law requires the governing board of a community college district to employ faculty for the first academic year of employment by contract. Existing law states that a faculty member shall be deemed to have completed the first contract year if the faculty member provides service for 75% of the first academic year. Existing law requires an employment contract to contain the terms and conditions that the governing board of a community college district and the proposed employee agree to and that are consistent with the law.

end insert begin insert

This bill would state that a faculty member shall be deemed to have completed the 2nd, 3rd, or 4th contract year, as appropriate, if the faculty member provides service for a percentage of the academic year as is required in an agreement between the governing board of the community college district and the exclusive representative of the faculty member, as provided.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 87606 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

87606.  

begin insert (a) end insert begin insert   end insert An employment contract shall contain begin delete such end delete begin insert the end insert
terms and conditions begin delete as end delete begin insert that end insert the governing board begin insert of the district end insert
and the proposed employee begin delete shall end delete agree begin delete upon end delete begin insert to end insert and begin delete as end delete begin insert that end insert are
consistent with begin delete the provisions of end delete the law.

begin insert

(b) A faculty member shall be deemed to have completed the
second, third, or fourth contract year, as appropriate, if the faculty
member provides service for a percentage of the academic year
as is required in an agreement between the governing board of
the district and the exclusive representative of the faculty member.
Time spent on paid leave of absence, including, but not limited to,
paid or unpaid maternity leave, shall be included in computing
service if the faculty member serves sufficient time during the year
to allow for the evaluation of the faculty member as required by
any negotiated evaluation procedure.

end insert

begin delete

SECTION 1.  

Section 70901 of the Education Code, as amended
by Section 2 of Chapter 112 of the Statutes of 2011, is amended
to read:

70901.  

(a) The Board of Governors of the California
Community Colleges shall provide leadership and direction in the
continuing development of the California Community Colleges as
an integral and effective element in the structure of public higher
education in the state. The work of the board of governors shall at
all times be directed to maintaining and continuing, to the
maximum degree permissible, local authority and control in the
administration of the California Community Colleges.

(b) Subject to, and in furtherance of, subdivision (a), and in
consultation with community college districts and other interested
parties as specified in subdivision (e), the board of governors shall
provide general supervision over community college districts, and
shall, in furtherance of those purposes, perform the following
functions:

(1) Establish minimum standards as required by law, including,
but not necessarily limited to, the following:

(A) Minimum standards to govern student academic standards
relating to graduation requirements and probation, dismissal, and
readmission policies.

(B) Minimum standards for the employment of academic and
administrative staff in community colleges.

(C) Minimum standards for the formation of community colleges
and districts.

(D) Minimum standards for credit and noncredit classes.

(E) Minimum standards governing procedures established by
governing boards of community college districts to ensure faculty,
staff, and students the right to participate effectively in district and
college governance, and the opportunity to express their opinions
at the campus level and to ensure that these opinions are given
every reasonable consideration, and the right of academic senates
to assume primary responsibility for making recommendations in
the areas of curriculum and academic standards.

(2) Evaluate and issue annual reports on the fiscal and
educational effectiveness of community college districts according
to outcome measures cooperatively developed with those districts,
and provide assistance when districts encounter severe management
difficulties.

(3) Conduct necessary systemwide research on community
colleges and provide appropriate information services, including,
but not necessarily limited to, definitions for the purpose of uniform
reporting, collection, compilation, and analysis of data for effective
planning and coordination, and dissemination of information.

(4) Provide representation, advocacy, and accountability for the
California Community Colleges before state and national legislative
and executive agencies.

(5) Administer state support programs, both operational and
capital outlay, and those federally supported programs for which
the board of governors has responsibility pursuant to state or federal
law. In so doing, the board of governors shall do all of the
following:

(A) (i) Annually prepare and adopt a proposed budget for the
California Community Colleges. The proposed budget shall, at a
minimum, identify the total revenue needs for serving educational
needs within the mission, the amount to be expended for the state
general apportionment, the amounts requested for various
categorical programs established by law, the amounts requested
for new programs and budget improvements, and the amount
requested for systemwide administration.

(ii) The proposed budget for the California Community Colleges
shall be submitted to the Department of Finance in accordance
with established timelines for development of the annual Budget
Bill.

(B) To the extent authorized by law, establish the method for
determining and allocating the state general apportionment.

(C) Establish space and utilization standards for facility planning
in order to determine eligibility for state funds for construction
purposes.

(6) Establish minimum conditions entitling districts to receive
state aid for support of community colleges. In so doing, the board
of governors shall establish and carry out a periodic review of each
community college district to determine whether it has met the
minimum conditions prescribed by the board of governors.

(7) Coordinate and encourage interdistrict, regional, and
statewide development of community college programs, facilities,
and services.

(8) Facilitate articulation with other segments of higher
education with secondary education.

(9) Review and approve comprehensive plans for each
community college district. The plans shall be submitted to the
board of governors by the governing board of each community
college district.

(10) Review and approve all educational programs offered by
community college districts, and all courses that are not offered
as part of an educational program approved by the board of
governors.

(11) Exercise general supervision over the formation of new
community college districts and the reorganization of existing
community college districts, including the approval or disapproval
of plans therefor.

(12) Notwithstanding any other provision of law, be solely
responsible for establishing, maintaining, revising, and updating,
as necessary, the uniform budgeting and accounting structures and
procedures for the California Community Colleges.

(13) Establish policies regarding interdistrict attendance of
students.

(14) Advise and assist governing boards of community college
districts on the implementation and interpretation of state and
federal laws affecting community colleges.

(15) Contract for the procurement of goods and services, as
necessary.

(16) Carry out other functions as expressly provided by law.

(c) Subject to, and in furtherance of, subdivision (a), the board
of governors shall have full authority to adopt rules and regulations
necessary and proper to execute the functions specified in this
section as well as other functions that the board of governors is
expressly authorized by statute to regulate.

(d) Wherever in this section or any other statute a power is
vested in the board of governors, the board of governors, by a
majority vote, may adopt a rule delegating that power to the
chancellor, or any officer, employee, or committee of the California
Community Colleges, or community college district, as the board
of governors may designate. However, the board of governors
shall not delegate any power that is expressly made nondelegable
by statute. Any rule delegating authority shall prescribe the limits
of delegation.

(e) In performing the functions specified in this section, the
board of governors shall establish and carry out a process for
consultation with institutional representatives of community college
districts so as to ensure their participation in the development and
review of policy proposals. The consultation process shall also
afford community college organizations, as well as interested
individuals and parties, an opportunity to review and comment on
proposed policy before it is adopted by the board of governors.

(f) This section shall become operative on January 1, 2014.

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