California Legislature—2015–16 Regular Session

Assembly BillNo. 404


Introduced by Assembly Member Chiu

February 19, 2015


An act to amend Sections 70901 and 72208 of the Education Code, relating to community colleges.

LEGISLATIVE COUNSEL’S DIGEST

AB 404, as introduced, Chiu. Community colleges: accreditation.

(1) 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 imposes numerous duties on the board of governors with respect to these administrative responsibilities, including a requirement to review the accreditation status of community colleges in certain circumstances.

This bill would add to the duties of the board of governors by requiring it to conduct a survey of the community colleges, including consultation with representatives of both faculty and classified personnel, to develop a report to be transmitted to the United States Department of Education and the National Advisory Committee on Institutional Quality and Integrity that reflects a systemwide evaluation of the accrediting agency based on the criteria used to determine an accreditor’s status.

(2) Existing law requires the accrediting agency for the community colleges to report to the appropriate policy and budget subcommittees of the Legislature upon the issuance of a decision that affects the accreditation status of a community college and, on a biannual basis, to report any accreditation policy changes that affect the accreditation process or status for a community college.

This bill would additionally require the accrediting agency for the community colleges to report to the board of governors as soon as practicable after the National Advisory Committee on Institutional Quality and Integrity has notified the accrediting agency of the date by which their application for continued recognition is due.

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

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

P2    1

SECTION 1.  

Section 70901 of the Education Code is amended
2to read:

3

70901.  

(a) The Board of Governors of the California
4Community Colleges shall provide leadership and direction in the
5continuing development of the California Community Colleges as
6an integral and effective element in the structure of public higher
7education in the state. The work of the board of governors shall at
8all times be directed to maintaining and continuing, to the
9maximum degree permissible, local authority and control in the
10administration of the California Community Colleges.

11(b) Subject to, and in furtherance of, subdivision (a), and in
12consultation with community college districts and other interested
13parties as specified in subdivision (e), the board of governors shall
14provide general supervision over community college districts, and
15shall, in furtherance of those purposes, perform the following
16functions:

17(1) Establish minimum standards as required by law, including,
18but not limited to, the following:

19(A) Minimum standards to govern student academic standards
20relating to graduation requirements and probation, dismissal, and
21readmission policies.

22(B) Minimum standards for the employment of academic and
23administrative staff in community colleges.

24(C) Minimum standards for the formation of community colleges
25and districts.

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

27(E) Minimum standards governing procedures established by
28governing boards of community college districts to ensure faculty,
P3    1staff, and students the right to participate effectively in district and
2college governance, and the opportunity to express their opinions
3at the campus level and to ensure that these opinions are given
4every reasonable consideration, and the right of academic senates
5to assume primary responsibility for making recommendations in
6the areas of curriculum and academic standards.

7(2) Evaluate and issue annual reports on the fiscal and
8educational effectiveness of community college districts according
9to outcome measures cooperatively developed with those districts,
10and provide assistance when districts encounter severe management
11difficulties.

12(3) Conduct necessary systemwide research on community
13colleges and provide appropriate information services, including,
14but not limited to, definitions for the purpose of uniform reporting,
15collection, compilation, and analysis of data for effective planning
16and coordination, and dissemination of information.

17(4) begin insert(A)end insertbegin insertend insert Provide representation, advocacy, and accountability
18for the California Community Colleges before state and national
19legislative and executive agencies.

20begin insert(B)end insertbegin insertend insertbegin insertIn order to wholly engage in the recognition review process
21of an accrediting agency pursuant to subdivision (c) of Section
2272208, to conduct a survey of the community colleges, including
23consultation with representatives of both faculty and classified
24personnel, to develop a report to be transmitted to the United
25States Department of Education and the National Advisory
26Committee on Institutional Quality and Integrity that reflects a
27systemwide evaluation of the accrediting agency based on the
28criteria used to determine an accreditor’s status.end insert

29(5) Administer state support programs, both operational and
30capital outlay, and those federally supported programs for which
31the board of governors has responsibility pursuant to state or federal
32law. In so doing, the board of governors shall do the following:

33(A) (i) Annually prepare and adopt a proposed budget for the
34California Community Colleges. The proposed budget shall, at a
35minimum, identify the total revenue needs for serving educational
36needs within the mission, the amount to be expended for the state
37general apportionment, the amounts requested for various
38categorical programs established by law, the amounts requested
39for new programs and budget improvements, and the amount
40requested for systemwide administration.

P4    1(ii) The proposed budget for the California Community Colleges
2shall be submitted to the Department of Finance in accordance
3with established timelines for development of the annual Budget
4Bill.

5(B) To the extent authorized by law, establish the method for
6determining and allocating the state general apportionment.

7(C) Establish space and utilization standards for facility planning
8in order to determine eligibility for state funds for construction
9purposes.

10(6) (A) Establish minimum conditions entitling districts to
11receive state aid for support of community colleges. In so doing,
12the board of governors shall establish and carry out a periodic
13review of each community college district to determine whether
14it has met the minimum conditions prescribed by the board of
15governors.

16(B) In determining whether a community college district satisfies
17the minimum conditions established pursuant to this section, the
18board of governors shall review the accreditation status of the
19community colleges within that district.

20(7) Coordinate and encourage interdistrict, regional, and
21statewide development of community college programs, facilities,
22and services.

23(8) Facilitate articulation with other segments of higher
24education with secondary education.

25(9) Review and approve comprehensive plans for each
26community college district. The plans shall be submitted to the
27board of governors by the governing board of each community
28college district.

29(10) Review and approve all educational programs offered by
30community college districts, and all courses that are not offered
31as part of an educational program approved by the board of
32governors.

33(11) Exercise general supervision over the formation of new
34community college districts and the reorganization of existing
35community college districts, including the approval or disapproval
36of plans therefor.

37(12) Notwithstanding any other provision of law, be solely
38responsible for establishing, maintaining, revising, and updating,
39as necessary, the uniform budgeting and accounting structures and
40procedures for the California Community Colleges.

P5    1(13) Establish policies regarding interdistrict attendance of
2students.

3(14) Advise and assist governing boards of community college
4districts on the implementation and interpretation of state and
5federal laws affecting community colleges.

6(15) Contract for the procurement of goods and services, as
7necessary.

8(16) Carry out other functions as expressly provided by law.

9(c) Subject to, and in furtherance of, subdivision (a), the board
10of governors shall have full authority to adopt rules and regulations
11necessary and proper to execute the functions specified in this
12section as well as other functions that the board of governors is
13expressly authorized by statute to regulate.

14(d) Wherever in this section or any other statute a power is
15vested in the board of governors, the board of governors, by a
16majority vote, may adopt a rule delegating that power to the
17chancellor, or any officer, employee, or committee of the California
18Community Colleges, or community college district, as the board
19of governors may designate. However, the board of governors
20shall not delegate any power that is expressly made nondelegable
21by statute. Any rule delegating authority shall prescribe the limits
22of delegation.

23(e) In performing the functions specified in this section, the
24board of governors shall establish and carry out a process for
25consultation with institutional representatives of community college
26districts so as to ensure their participation in the development and
27review of policy proposals. The consultation process shall also
28afford community college organizations, as well as interested
29individuals and parties, an opportunity to review and comment on
30proposed policy before it is adopted by the board of governors.

31

SEC. 2.  

Section 72208 of the Education Code is amended to
32read:

33

72208.  

(a) The accrediting agency for the community colleges
34shall report to the appropriate policy and budget subcommittees
35of the Legislature upon the issuance of a decision that affects the
36accreditation status of a community college and, on a biannual
37basisbegin insert, reportend insert any accreditation policy changes that affect the
38accreditation process or status for a community college.

39(b) The Office of the Chancellor of the California Community
40Colleges shall ensure that the appropriate policy and budget
P6    1subcommittees of the Legislature are provided the information
2required to be reported pursuant to subdivision (a).

begin insert

3(c) The accrediting agency shall report to the board of governors
4as soon as practicable after the National Advisory Committee on
5Institutional Quality and Integrity has notified the accrediting
6agency of the date by which their application for continued
7recognition is due.

end insert


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