Amended in Senate July 8, 2015

Amended in Assembly May 5, 2015

Amended in Assembly April 15, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1385

Introduced by Assembly Member Ting

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(Coauthors: Assembly Members Gipson and Mullin)

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(Coauthors: Senators Beall and Nielsen)

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February 27, 2015

An act to begin delete add end delete begin insert amend end insert Section begin delete 72218 to end delete begin insert 72208 of end insert the Education Code, relating to community colleges.

LEGISLATIVE COUNSEL’S DIGEST

AB 1385, as amended, Ting. Community colleges: accreditation.

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, among other duties, establishing minimum standards for the formation of community colleges and districts. Under existing regulatory authority, the board of governors requires each community college to be accredited.

This bill would prohibit the accrediting agency from imposing a special assessment on community colleges to pay for the accrediting agency’s legal fees for any lawsuit unless there has been an affirmative vote of the majority of the chief executive officers, or their designees, of all of the community colleges. The bill would excuse compliance with this prohibition if the Chancellor of the California Community Colleges determines that the accrediting agency’s compliance would violate federal begin delete law. end delete begin insert law, as specified. end insert

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

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

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begin insert SECTION 1. end insert   

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begin insert Section 72208 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

72208.  

(a) The 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, 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).

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(c) (1) The accrediting agency shall not impose a special
assessment on community colleges for the accrediting agency’s
legal fees for any lawsuit, unless there has been an affirmative
vote of the majority of the chief executive officers, or their
designees, of all of the community colleges. Each community
college, as represented by its chief executive officer, or his or her
designee, shall be eligible to cast a vote on the assessment.

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(2) This subdivision does not apply to the accrediting agency’s
activities that are related to private educational institutions in the
state or educational institutions outside of the state.

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(3) This subdivision does not affect the authority of the United
States Department of Education regarding educational institutions.

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(4) Compliance with this subdivision shall be excused if the
Chancellor of the California Community Colleges determines that
federal criteria for recognition of an accrediting agency by the
United States Department of Education prohibit the accrediting
agency from complying with this subdivision.

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SECTION 1.  

Section 72218 is added to the Education Code,
to read:

72218.  

(a) The accrediting agency shall not impose a special
assessment on community colleges for the accrediting agency’s
legal fees for any lawsuit, unless there has been an affirmative
vote of the majority of the chief executive officers, or their
designees, of all of the community colleges. Each community
college, as represented by its chief executive officer, or his or her
designee, shall be eligible to cast a vote on the assessment.

(b) This section does not apply to the accrediting agency’s
activities that are related to private educational institutions in the
state or educational institutions outside of the state.

(c) This section does not affect the authority of the United States
Department of Education regarding educational institutions.

(d) Compliance with this section shall be excused if the
Chancellor of the California Community Colleges determines that
federal criteria for recognition of an accrediting agency by the
United States Department of Education prohibit the accrediting
agency from complying with this section.

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