Amended in Senate June 10, 2015

Amended in Assembly April 13, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 404

Introduced by Assembly Member Chiu

( begin delete Coauthor: end delete begin insert Coauthors: end insert Assembly begin delete Member end delete begin insert Members Bonta and end insert Williams)

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 amended, 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 regional 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 require the regional 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 regional accrediting agency of the date by which the agency’s 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:

SECTION 1.  

Section 70901 of the Education Code 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 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 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) (A) Provide representation, advocacy, and accountability
for the California Community Colleges before state and national
legislative and executive agencies.

(B) In order to wholly engage in the recognition review process
of an accrediting agency pursuant to subdivision (c) of Section
72208, 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 regional accrediting agency based on the criteria
used to determine an accreditor’s status.

(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 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) (A) 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.

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

(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 begin delete authority end delete begin insert power end insert 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.

SEC. 2.  

Section 72208 of the Education Code is amended to
read:

72208.  

(a) The regional accrediting agency for the community
colleges shall 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, report any accreditation policy changes that
affect the accreditation process or status for a community college.

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

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