California Legislature—2013–14 Regular Session

Assembly BillNo. 2087


Introduced by Assembly Member Ammiano

February 20, 2014


An act to amend Section 70901 of the Education Code, relating to community colleges.

LEGISLATIVE COUNSEL’S DIGEST

AB 2087, as introduced, Ammiano. Community colleges: Board of Governors of the California Community Colleges.

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. Existing law specifies the duties of the board of governors, including the duty to provide assistance when community college districts encounter severe management difficulties.

This bill would prohibit the board, when exercising its duty to provide assistance when community college districts encounter severe management difficulties, from usurping, transfering, or limiting, in any way, the powers of the governing boards of these districts, as specified.

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

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

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SECTION 1.  

Section 70901 of the Education Code, as amended
2by Section 2 of Chapter 112 of the Statutes of 2011, is amended
3to read:

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70901.  

(a) The Board of Governors of the California
2Community Colleges shall provide leadership and direction in the
3continuing development of the California Community Colleges as
4an integral and effective element in the structure of public higher
5education in the state. The work of the board of governors shall at
6all times be directed to maintaining and continuing, to the
7maximum degree permissible, local authority and control in the
8administration of the California Community Colleges.

9(b) Subject to, and in furtherance of, subdivision (a), and in
10consultation with community college districts and other interested
11parties as specified in subdivision (e), the board of governors shall
12provide general supervision over community college districts, and
13shall, in furtherance of those purposes, perform the following
14functions:

15(1) Establish minimum standards as required by law, including,
16but not limited to, the following:

17(A) Minimum standards to govern student academic standards
18relating to graduation requirements and probation, dismissal, and
19readmission policies.

20(B) Minimum standards for the employment of academic and
21administrative staff in community colleges.

22(C) Minimum standards for the formation of community colleges
23andbegin insert community collegeend insert districts.

24(D) Minimum standards for credit and noncredit classes.

25(E) Minimum standards governing procedures established by
26governing boards of community college districts to ensure faculty,
27staff, and students the right to participate effectively inbegin insert community
28collegeend insert
district and college governance, and the opportunity to
29express their opinions at the campus level and to ensure that these
30opinions are given every reasonable consideration, and the right
31of academic senates to assume primary responsibility for making
32recommendations in the areas of curriculum and academic
33standards.

34(2) Evaluate and issue annual reports on the fiscal and
35educational effectiveness of community college districts according
36to outcome measures cooperatively developed with those
37begin insert community collegeend insert districts, and provide assistance when
38begin insert community collegeend insert districts encounter severe management
39difficultiesbegin insert; however, the board shall not usurp, transfer, or limit,
P3    1in any way, the powers of the governing boards of community
2college districts as specified in Section 70902end insert
.

3(3) Conduct necessary systemwide research on community
4colleges and provide appropriate information services, including,
5but not limited to, definitions for the purpose of uniform reporting,
6collection, compilation, and analysis of data for effective planning
7and coordination, and dissemination of information.

8(4) Provide representation, advocacy, and accountability for the
9California Community Colleges before state and national legislative
10and executive agencies.

11(5) Administer state support programs, both operational and
12capital outlay, and those federally supported programs for which
13the board of governors has responsibility pursuant to state or federal
14law. In so doing, the board of governors shall do the following:

15(A) (i) Annually prepare and adopt a proposed budget for the
16California Community Colleges. The proposed budget shall, at a
17minimum, identify the total revenue needs for serving educational
18needs within the mission, the amount to be expended for the state
19general apportionment, the amounts requested for various
20categorical programs established by law, the amounts requested
21for new programs and budget improvements, and the amount
22requested for systemwide administration.

23(ii) The proposed budget for the California Community Colleges
24shall be submitted to the Department of Finance in accordance
25with established timelines for development of the annual Budget
26Bill.

27(B) To the extent authorized by law, establish the method for
28determining and allocating the state general apportionment.

29(C) Establish space and utilization standards for facility planning
30in order to determine eligibility for state funds for construction
31purposes.

32(6) Establish minimum conditions entitlingbegin insert community collegeend insert
33 districts to receive state aid for support of community colleges. In
34so doing, the board of governors shall establish and carry out a
35periodic review of each community college district to determine
36whether it has met the minimum conditions prescribed by the board
37of governors.

38(7) Coordinate and encourage interdistrict, regional, and
39statewide development of community college programs, facilities,
40and services.

P4    1(8) Facilitate articulation with other segments of higher
2education with secondary education.

3(9) Review and approve comprehensive plans for each
4community college district. The plans shall be submitted to the
5board of governors by the governing board of each community
6college district.

7(10) Review and approve all educational programs offered by
8community college districts, and all courses that are not offered
9as part of an educational program approved by the board of
10governors.

11(11) Exercise general supervision over the formation of new
12community college districts and the reorganization of existing
13community college districts, including the approval or disapproval
14of plans therefor.

15(12) Notwithstanding any other provision of law, be solely
16responsible for establishing, maintaining, revising, and updating,
17as necessary, the uniform budgeting and accounting structures and
18procedures for the California Community Colleges.

19(13) Establish policies regarding interdistrict attendance of
20students.

21(14) Advise and assist governing boards of community college
22districts on the implementation and interpretation of state and
23federal laws affecting community colleges.

24(15) Contract for the procurement of goods and services, as
25necessary.

26(16) Carry out other functions as expressly provided by law.

27(c) Subject to, and in furtherance of, subdivision (a), the board
28of governors shall have full authority to adopt rules and regulations
29necessary and proper to execute the functions specified in this
30section as well as other functions that the board of governors is
31expressly authorized by statute to regulate.

32(d) Wherever in this section or any other statute a power is
33vested in the board of governors, the board of governors, by a
34majority vote, may adopt a rule delegating that power to the
35chancellor, or any officer, employee, or committee of the California
36Community Colleges, or community college district, as the board
37of governors may designate. However, the board of governors
38shall not delegate any power that is expressly made nondelegable
39by statute. Any rule delegating authority shall prescribe the limits
40of delegation.

P5    1(e) In performing the functions specified in this section, the
2board of governors shall establish and carry out a process for
3consultation with institutional representatives of community college
4districts so as to ensure their participation in the development and
5review of policy proposals. The consultation process shall also
6afford community college organizations, as well as interested
7individuals and parties, an opportunity to review and comment on
8proposed policy before it is adopted by the board of governors.

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



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