California Legislature—2013–14 Regular Session

Assembly Bill No. 1306

Introduced by Assembly Member Wilk

February 22, 2013

An act to amend Sections 66010 and 66010.4 of, and to add Division 9.3 (commencing with Section 92980) to Title 3 of, the Education Code, relating to public postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 1306, as introduced, Wilk. Public postsecondary education: New University of California.

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as the 3 segments of public postsecondary education in this state.

This bill would establish The New University of California as a 4th segment of public postsecondary education in this state. The bill would establish an 11-member Board of Trustees of The New University of California as the governing body of the university, and specify the membership and appointing authority for the board of trustees. The bill would specify the mission and goal of the university. The bill would provide for the appointment of a Chancellor of The New University of California as the chief executive officer of the university.

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

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

SECTION 1.  

Section 66010 of the Education Code is amended
to read:

66010.  

(a) Public higher education consists of (1) the
California Community Colleges, (2) the California State University,
and each campus, branch, and function thereof, begin delete and end delete (3) each
campus, branch, and function of the University of California begin insert , and
(4) The New University of California end insert .

(b) As used in this part, “independent institutions of higher
education” are those nonpublic higher education institutions that
grant undergraduate degrees, graduate degrees, or both, and that
are formed as nonprofit corporations in this state and are accredited
by an agency recognized by the United States Department of
Education.

(c) No provision of this part is intended to regulate, subsidize,
or intrude upon private education, including, but not limited to,
independent educational institutions and religious schools, nor to
vary existing state law or state constitutional provisions relating
to private education.

SEC. 2.  

Section 66010.4 of the Education Code is amended to
read:

66010.4.  

The missions and functions of California’s public
and independent segments, and their respective institutions of
higher education shall be differentiated as follows:

(a) (1) The California Community Colleges shall, as a primary
mission, offer academic and vocational instruction at the lower
division level for both younger and older students, including those
persons returning to school. Public community colleges shall offer
instruction through but not beyond the second year of college.
These institutions may grant the associate in arts and the associate
in science degree.

(2) In addition to the primary mission of academic and
vocational instruction, the community colleges shall offer
instruction and courses to achieve all of the following:

(A) The provision of remedial instruction for those in need of
it and, in conjunction with the school districts, instruction in
English as a second language, adult noncredit instruction, and
support services which help students succeed at the postsecondary
level are reaffirmed and supported as essential and important
functions of the community colleges.

(B) The provision of adult noncredit education curricula in areas
defined as being in the state’s interest is an essential and important
function of the community colleges.

(C) The provision of community services courses and programs
is an authorized function of the community colleges so long as
their provision is compatible with an institution’s ability to meet
its obligations in its primary missions.

(3) A primary mission of the California Community Colleges
is to advance California’s economic growth and global
competitiveness through education, training, and services that
contribute to continuous work force improvement.

(4) The community colleges may conduct to the extent that state
funding is provided, institutional research concerning student
learning and retention as is needed to facilitate their educational
missions.

(b) The California State University shall offer undergraduate
and graduate instruction through the master’s degree in the liberal
arts and sciences and professional education, including teacher
education. Presently established two-year programs in agriculture
are authorized, but other two-year programs shall be permitted
only when mutually agreed upon by the Trustees of the California
State University and the Board of Governors of the California
Community Colleges. The doctoral degree may be awarded jointly
with the University of California, as provided in subdivision (c)
and pursuant to Section 66904. The doctoral degree may also be
awarded jointly with one or more independent institutions of higher
education, provided that the proposed doctoral program is approved
by the California Postsecondary Education Commission. Research,
scholarship, and creative activity in support of its undergraduate
and graduate instructional mission is authorized in the California
State University and shall be supported by the state. The primary
mission of the California State University is undergraduate and
graduate instruction through the master’s degree.

(c) The University of California may provide undergraduate
and graduate instruction in the liberal arts and sciences and in the
professions, including the teaching professions. It shall have
exclusive jurisdiction in public higher education over instruction
in the profession of law and over graduate instruction in the
professions of medicine, dentistry, and veterinary medicine. It has
the sole authority in public higher education to award the doctoral
degree in all fields of learning, except that it may agree with the
California State University to award joint doctoral degrees in
selected fields. The University of California shall be the primary
state-supported academic agency for research.

begin insert

(d) (1) The New University of California shall provide no
instruction, but shall issue college credit and baccalaureate and
associate degrees to any person capable of passing examinations.

end insert

begin insert (2) end insert begin insert   end insert begin insert The New University of California is authorized to contract
with qualified entities for the formulation of peer-reviewed course
examinations the passage of which would demonstrate that the
student has the knowledge and skill necessary to receive college
credit for that course. end insert

begin delete

(d)

end delete

begin insert ( end insert begin insert e) end insert  The independent institutions of higher education shall
provide undergraduate and graduate instruction and research in
accordance with their respective missions.

SEC. 3.  

Division 9.3 (commencing with Section 92980) is
added to Title 3 of the Education Code, to read:

 

Division 9.3.  THE NEW UNIVERSITY OF CALIFORNIA

 

92980.  

(a) The New University of California is hereby
established under the administration of the Board of Trustees of
The New University of California. The New University of
California shall provide no instruction, and the mission of the
university shall be limited to issuing college credit and
baccalaureate and associate degrees to any person capable of
passing the examinations administered by the university. The goal
of the university is for its students to obtain the requisite knowledge
and skills to pass the examinations administered by the university
from any source, such as massive open online courses, the student
deems appropriate. When the student feels that he or she is ready
to take an examination, the student shall pay the examination fee,
present acceptable identification at the examination, and, upon
passage of the examination, receive academic credit. When a
student receives sufficient academic credit in prescribed courses,
the university shall issue an appropriate degree to that student.

(b) The university is authorized to contract with qualified entities
for the formulation of peer-reviewed course examinations the
passage of which would demonstrate that the student has the
knowledge and skill necessary to receive college credit for that
course.

(c) The university is authorized to charge students a fee for the
taking of examinations administered by the university. Fees
charged under this subdivision shall not exceed the amount that is
necessary for the university to recover the costs of administering
the examination.

(d) The university is eligible to apply for accreditation to the
Western Association of Schools and Colleges, or a successor body,
or any other appropriate accrediting entity.

(e) The board of trustees shall authorize the chancellor to grant
baccalaureate and associate degrees in fields of study they deem
appropriate. In selecting the fields in which degrees are to be
awarded by the university, the board of trustees shall consult the
labor needs forecasts issued by the Employment Development
Department.

92981.  

(a) The New University of California shall be
administered by the Board of Trustees of The New University of
California, which is hereby established. The board of trustees shall
include 11 voting members, as follows:

(1) Five ex officio members: the Governor, the Lieutenant
Governor, the Superintendent of Public Instruction, and the Speaker
of the Assembly, or their designees; and the person named by the
board of trustees to serve as the Chancellor of The New University
of California.

(2) Six members of the public appointed by the Governor and
subject to confirmation by a majority of the membership of the
Senate.

(3) The terms of two of the members of the public appointed
under this paragraph shall commence on July 1, 2014, and
terminate on July 1, 2016. The terms of two of the members of the
public appointed under this paragraph shall commence on July 1,
2014, and terminate on July 1, 2018. The terms of two of the
members appointed under this paragraph shall commence on July
1, 2014, and terminate on July 1, 2020. Thereafter, the terms of
all of the members of the public appointed under this subdivision
shall be six years.

(b) Members of the board of trustees shall receive no salary for
their service, but shall be reimbursed for the expenses they incur
while carrying out their duties.

(c) All meetings of the board of trustees shall be subject to the
Bagley-Keene Act (Article 9 (commencing with Section 11120)
of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government
Code).

92982.  

The Chancellor of The New University of California
shall be the chief executive officer of the university. The chancellor
shall be appointed by, and serve at the pleasure of, the board of
trustees. The chancellor shall be authorized to employ and fix the
salaries of, employees to assist him or her in carrying out the
functions of the university.