BILL NUMBER: AB 1306	INTRODUCED
	BILL TEXT


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,  and  (3) each
campus, branch, and function of the University of California  ,
and (4) The New University of California  .
   (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. 
   (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.

    (2)     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.  
   (d) 
    (   e)  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.