California Legislature—2015–16 Regular Session

Assembly BillNo. 2419


Introduced by Assembly Member Jones

February 19, 2016


An act to amend Sections 66010 and 66010.4 of, and to add Division 9.3 (commencing with Section 92990) to Title 3 of, the Education Code, relating to public postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 2419, as introduced, Jones. Public postsecondary education: The 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 university would provide no instruction, but rather would issue credit and degrees to persons who pass its examinations. 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 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:

P2    1

SECTION 1.  

Section 66010 of the Education Code is amended
2to read:

3

66010.  

(a) Public higher education consists of (1) the
4California Community Colleges, (2) the California State University,
5and each campus, branch, and function thereof,begin delete andend delete (3) each
6campus, branch, and function of the University ofbegin delete Californiaend delete
7begin insert California, and (4) The New University of Californiaend insert.

8(b) As used in this part, “independent institutions of higher
9education” are those nonpublic higher education institutions that
10grant undergraduate degrees, graduate degrees, or both, and that
11are formed as nonprofit corporations in this state and are accredited
12by an agency recognized by the United States Department of
13Education.

14(c) No provision of this part is intended to regulate, subsidize,
15or intrude upon private education, including, but not limited to,
16independent educational institutions and religious schools, nor to
17vary existing state law or state constitutional provisions relating
18to private education.

19

SEC. 2.  

Section 66010.4 of the Education Code is amended to
20read:

21

66010.4.  

The missions and functions of California’s public
22and independent segments, and their respective institutions of
23higher education shall be differentiated as follows:

24(a) (1) The California Community Colleges shall, as a primary
25mission, offer academic and vocational instruction at the lower
26division level for both younger and older students, including those
27persons returning to school. Public community colleges shall offer
28instruction through but not beyond the second year of college.
29These institutions may grant the associate in arts and the associate
30in science degree.

31(2) In addition to the primary mission of academic and
32vocational instruction, the community colleges shall offer
33instruction and courses to achieve all of the following:

34(A) The provision of remedial instruction for those in need of
35it and, in conjunction with the school districts, instruction in
36English as a second language, adult noncredit instruction, and
37support services which help students succeed at the postsecondary
P3    1level are reaffirmed and supported as essential and important
2functions of the community colleges.

3(B) The provision of adult noncredit education curricula in areas
4defined as being in the state’s interest is an essential and important
5function of the community colleges.

6(C) The provision of community services courses and programs
7is an authorized function of the community colleges so long as
8their provision is compatible with an institution’s ability to meet
9its obligations in its primary missions.

10(3) A primary mission of the California Community Colleges
11is to advance California’s economic growth and global
12competitiveness through education, training, and services that
13contribute to continuous work force improvement.

14(4) The community colleges may conduct to the extent that state
15funding is provided, institutional research concerning student
16learning and retention as is needed to facilitate their educational
17missions.

18(b) The California State University shall offer undergraduate
19and graduate instruction through the master’s degree in the liberal
20arts and sciences and professional education, including teacher
21education. Presently established two-year programs in agriculture
22are authorized, but other two-year programs shall be permitted
23only when mutually agreed upon by the Trustees of the California
24State University and the Board of Governors of the California
25Community Colleges. The doctoral degree may be awarded jointly
26with the University of California, as provided in subdivision (c)
27and pursuant to Section 66904. The doctoral degree may also be
28awarded jointly with one or more independent institutions of higher
29education, provided that the proposed doctoral program is approved
30by the California Postsecondary Education Commission. Research,
31scholarship, and creative activity in support of its undergraduate
32and graduate instructional mission is authorized in the California
33State University and shall be supported by the state. The primary
34mission of the California State University is undergraduate and
35graduate instruction through the master’s degree.

36(c) The University of California may provide undergraduate
37and graduate instruction in the liberal arts and sciences and in the
38professions, including the teaching professions. It shall have
39exclusive jurisdiction in public higher education over instruction
40in the profession of law and over graduate instruction in the
P4    1professions of medicine, dentistry, and veterinary medicine. It has
2the sole authority in public higher education to award the doctoral
3degree in all fields of learning, except that it may agree with the
4California State University to award joint doctoral degrees in
5selected fields. The University of California shall be the primary
6state-supported academic agency for research.

begin insert

7(d) (1) The New University of California shall provide no
8instruction, but shall issue college credit and baccalaureate and
9associate degrees to any person capable of passing appropriate
10examinations.

end insert

11begin insert (2)end insertbegin insertend insertbegin insertThe New University of California may contract with
12qualified entities for the formulation of peer-reviewed course
13examinations the passage of which would demonstrate that the
14student has the knowledge and skill necessary to receive college
15credit for that course.end insert

begin delete

16(d)

end delete

17begin insert(end insertbegin inserte)end insert The independent institutions of higher education shall
18provide undergraduate and graduate instruction and research in
19accordance with their respective missions.

20

SEC. 3.  

Division 9.3 (commencing with Section 92990) is
21added to Title 3 of the Education Code, to read:

22 

23Division 9.3.  THE NEW UNIVERSITY OF CALIFORNIA

24

 

25

92990.  

(a) The New University of California is hereby
26established under the administration of the Board of Trustees of
27The New University of California. The New University of
28California shall provide no instruction, and the mission of the
29university shall be limited to issuing college credit and
30baccalaureate and associate degrees to any person capable of
31passing the examinations administered by the university. The goal
32of the university is for its students to obtain the requisite knowledge
33and skills to pass the examinations administered by the university
34from any source, such as massive open online courses, the student
35deems appropriate. When the student feels that he or she is ready
36to take an examination, the student shall pay the examination fee,
37present acceptable identification at the examination, and, upon
38 passage of the examination, receive academic credit. When a
39student receives sufficient academic credit in prescribed courses,
40the university shall issue an appropriate degree to that student.

P5    1(b) The university may contract with qualified entities for the
2formulation of peer-reviewed course examinations the passage of
3which would demonstrate that the student has the knowledge and
4skill necessary to receive college credit for that course.

5(c) The university may charge students a fee for the taking of
6examinations administered by the university. Fees charged under
7this subdivision shall not exceed the amount that is necessary for
8the university to recover the costs of administering the examination.

9(d) The university may apply for accreditation to the Western
10Association of Schools and Colleges, or a successor body, or any
11other appropriate accrediting entity.

12(e) The board of trustees shall authorize the Chancellor of The
13New University of California to grant baccalaureate and associate
14degrees in fields of study they deem appropriate. In selecting the
15fields in which degrees are to be awarded by the university, the
16board of trustees shall consult the labor needs forecasts issued by
17the Employment Development Department.

18

92991.  

(a) The New University of California shall be
19administered by the Board of Trustees of The New University of
20California, which is hereby established. The board of trustees shall
21include 11 voting members, as follows:

22(1) Five ex officio members: the Governor, the Lieutenant
23Governor, the Superintendent of Public Instruction, and the Speaker
24of the Assembly, or their designees; and the person named by the
25board of trustees to serve as the Chancellor of The New University
26of California.

27(2) (A) Six members of the public appointed by the Governor
28and subject to confirmation by a majority of the membership of
29the Senate.

30(B) The terms of two of the members of the public appointed
31under this paragraph shall commence on July 1, 2017, and
32terminate on July 1, 2019. The terms of two of the members of the
33public appointed under this paragraph shall commence on July 1,
342017, and terminate on July 1, 2021. The terms of two of the
35members appointed under this paragraph shall commence on July
361, 2017, and terminate on July 1, 2023. Thereafter, the terms of
37all of the members of the public appointed under this paragraph
38shall be six years.

P6    1(b) Members of the board of trustees shall receive no salary for
2their service, but shall be reimbursed for the expenses they incur
3while carrying out their duties.

4(c) All meetings of the board of trustees shall be subject to the
5Bagley-Keene Open Meeting Act (Article 9 (commencing with
6Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of
7the Government Code).

8

92992.  

The Chancellor of The New University of California
9shall be the chief executive officer of the university. The chancellor
10shall be appointed by, and serve at the pleasure of, the board of
11trustees. The chancellor shall be authorized to employ and fix the
12salaries of, employees to assist him or her in carrying out the
13functions of the university.



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