Senate Bill No. 42

Introduced by Senator Liu

December 2, 2014

An act to amend Section 27.6 of the Business and Professions Code, to amend Sections 11001, 11005, 11700, 12200, 32500, 44212, 44784, 52342, 52957, 54703, 66010.4, 66010.6, 66010.7, 66040.3, 66742, 66743, 66901, 66903, 66903.3, 66905, 66941, 67002, 67003, 67312, 67382, 68052, 69562, 69655, 69966, 74292, 81004, 81005, 89002, 89011, 89070.35, 89070.40, 89720, 92605, 94155, 99151, 99181, 99182, and 99202 of, to amend the heading of Chapter 11 (commencing with Section 66900) of Part 40 of Division 5 of Title 3 of, to repeal Sections 45351, 66902.5, 66903.1, and 87482.4 of, and to repeal and add Sections 66900 and 66903.2 of, the Education Code, to amend Section 11126 of the Government Code, to amend Section 128030 of, and to repeal Section 127785 of, the Health and Safety Code, to amend Section 24357.8 of the Revenue and Taxation Code, to amend Section 10529 of the Unemployment Insurance Code, and to amend Sections 4341.5 and 4421 of the Welfare and Institutions Code, relating to postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

SB 42, as introduced, Liu. Postsecondary education: California Commission on Higher Education Performance and Accountability.

Existing law establishes the California Postsecondary Education Commission (CPEC) as the statewide postsecondary education coordinating and planning agency, and provides for its functions and responsibilities. Existing law also provides for the composition of CPEC’s membership.

This bill would change the composition of, and rename, CPEC as the California Commission on Higher Education Performance and Accountability, and would recast and revise its various functions and responsibilities. The bill would make conforming changes to, delete obsolete provisions of, and make numerous nonsubstantive changes to, existing law.

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 27.6 of the Business and Professions
Code is amended to read:

27.6.  

The successor agency to the Bureau for Private
Postsecondary and Vocational Education shall transmit any
available data regarding school performance, including, but not
limited to, attendance and graduation rates, it receives from any
schools under its jurisdiction to the California begin delete Postsecondary
Education Commission. end delete begin insert Commission on Higher Education
Performance and Accountability. end insert

SEC. 2.  

Section 11001 of the Education Code is amended to
read:

11001.  

begin insert (a) end insert begin insert   end insert The Chancellor of the California State University
shall establish an advisory committee to assist in selecting
proposals to be funded and developing criteria for project
evaluation. The committee shall be composed of the following
members:

begin delete

(a)

end delete

begin insert (1) end insert  Two certificated secondary school teachers, including at
least one junior high or intermediate school teacher, appointed by
the begin delete Superintendent of Public Instruction. end delete begin insert Superintendent. end insert

begin delete

(b)

end delete

begin insert (2) end insert  Two certificated secondary school employees with
responsibility for curriculum administration, appointed by the
begin delete Superintendent of Public Instruction. end delete begin insert Superintendent. end insert

begin delete

(c)

end delete

begin insert (3) end insert  One director of a regional consortium participating in the
California Student Opportunity Access Program established
pursuant to Chapter 113 of the Statutes of 1978, appointed by the
Student Aid Commission.

begin delete

(d)

end delete

begin insert (4) end insert  Two representatives of the California Community Colleges,
to be appointed by the Board of Governors of the California
Community Colleges, at least one of whom shall be a faculty
member.

begin delete

(e)

end delete

begin insert (5) end insert  Two representatives of the California State University, to
be appointed by the Chancellor of the California State University,
at least one of whom shall be a faculty member.

begin delete

(f)

end delete

begin insert (6) end insert  Two representatives of the University of California,
appointed by the President of the University of California, at least
one of whom shall be a faculty member.

begin delete

(g)

end delete

begin insert (7) end insert  One representative, appointed by the Director of the
California begin delete Postsecondary Education Commission. end delete begin insert Commission on
Higher Education Performance and Accountability. end insert

begin delete

Faculty

end delete

begin insert (b) end insert begin insert   end insert begin insert Faculty end insert appointments to the advisory committee shall be
made by the appropriate appointing authority through consultation
with the faculty senate.

SEC. 3.  

Section 11005 of the Education Code is amended to
read:

11005.  

Based upon evaluations conducted pursuant to former
Section 11004, the California begin delete Postsecondary Education
Commission end delete begin insert end insert begin insert Commission on Higher Education Performance and
Accountability end insert may identify projects that are ineffective or not
cost-effective for termination. Funds made available as a result of
that termination shall be reallocated for the awarding of new grants
pursuant to Section 11003.

SEC. 4.  

Section 11700 of the Education Code is amended to
read:

11700.  

(a) It is the intent of the Legislature that the Center for
International Education Synergy be established through a joint
powers agreement, entered into pursuant to Chapter 5 (commencing
with Section 6500) of Division 7 of Title 1 of the Government
Code, between the Sweetwater Union High School District, the
Southwestern Community College District, and San Diego State
University. It is the intent of the Legislature that a joint powers
agency created pursuant to the joint powers agreement own and
maintain the land and facilities for the Center for International
Education Synergy at the Otay Mesa Off-Campus Center.

(b) In addition to funding appropriated by the Legislature for
purposes of the Center for International Education Synergy, entities
participating in the establishment and operation of the center are
encouraged to seek supplemental funding, including, but not limited
to, funding from foundations, corporations, and other public
entities.

(c) Any postsecondary education facilities and programs
developed pursuant to this section shall be subject to the
requirements of Section 66903 as they apply to the governing
boards of public postsecondary educational begin delete institutes. end delete begin insert institutions. end insert

(d) The Center for International Education Synergy shall be
established only upon approval by the California begin delete Postsecondary
Education Commission end delete begin insert Commission on Higher Education
Performance and Accountability end insert based on a needs study and
subsequent approval from the Department of Finance.

SEC. 5.  

Section 12200 of the Education Code is amended to
read:

12200.  

begin insert (a) end insert begin insert   end insert The begin delete State Board of Education end delete begin insert state board end insert is vested
with all necessary power and authority to perform all acts necessary
to authorize governing boards of districts maintaining community
colleges to receive the benefits and to expend the funds provided
by any acts of Congress under which districts maintaining
community colleges may be eligible to receive benefits, including,
but not limited to, Title VII of the begin insert National end insert Housing Act of 1961
(Public Law 87-70), as amended, and any of the acts of Congress
referred to in this chapter. The begin insert state end insert board is vested with all
necessary power and authority to authorize districts maintaining
community colleges to cooperate with the government of the
United States, or any agency or agencies thereof, for the purpose
of receiving the benefits and expending the funds provided by begin delete said end delete
begin insert those end insert acts of Congress, or any rules or regulations adopted
begin delete thereunder, end delete begin insert under those acts, end insert or any state plan or rules or
regulations of the California begin delete Postsecondary Education Commission end delete
begin insert Commission on Higher Education Performance and Accountability end insert
adopted in accordance with any of begin delete said end delete begin insert those end insert acts of Congress
under which the California begin delete Postsecondary Education Commission end delete begin insert end insert
begin insert Commission on Higher Education Performance and Accountability end insert
is designated in this chapter as the state educational agency.
Whenever necessary to secure the full benefits of begin delete said end delete begin insert those end insert acts
of Congress, the governing board may give such security as may
be required and may comply with such conditions as may be
imposed by the federal government. The funds received by the
district under the provisions of begin delete said end delete begin insert those end insert acts of Congress shall
be deposited in the county begin delete treasury end delete begin insert treasury, end insert as provided for in
Section 84001.

begin delete

This

end delete

begin insert (b) end insert begin insert   end insert begin insert This end insert section begin delete shall be end delete begin insert is end insert applicable to only those acts of
Congress begin delete which end delete begin insert that end insert have been enacted begin delete prior to end delete begin insert before end insert January 1,
1967.

SEC. 6.  

Section 32500 of the Education Code is amended to
read:

32500.  

(a) In order to encourage greater involvement of
educational institutions in planning and developing prison-based
educational programs, the begin delete Director end delete begin insert Secretary end insert of begin insert the Department
of end insert Corrections begin insert and Rehabilitation end insert , the Chancellor of the California
State begin delete University and Colleges, end delete begin insert University, end insert the Chancellor of the
California Community Colleges, and the begin delete Superintendent of Public
Instruction, end delete begin insert Superintendent, end insert with the advice of the California
begin delete Postsecondary Education Commission, end delete begin insert Commission on Higher
Education Performance and Accountability, end insert shall enter into
interagency agreements. begin delete Such end delete begin insert These end insert agreements shall provide for,
but not be limited to, all of the following:

(1) A determination of the roles of the Department of
Corrections begin insert and Rehabilitation end insert , the office of the Chancellor of the
California State begin delete University and Colleges, end delete begin insert University end insert the office of
the Chancellor of the California Community Colleges, and the
begin insert State end insert Department of Education, in developing policy for
prison-based educational programs.

(2) Joint policy and program planning.

(b) The begin delete Director end delete begin insert Secretary end insert of begin insert the Department of end insert Corrections
begin insert and Rehabilitation end insert , the Chancellor of the California State
begin delete University and Colleges, end delete begin insert University, end insert the Chancellor of the
California Community Colleges, and the Superintendent begin delete of Public
Instruction end delete shall appoint an advisory committee to do, but not be
limited to doing, all of the following:

(1) Making recommendations on the use of instructional
television in these programs.

(2) Reviewing and making recommendations relating to any
proposed budgets for these programs.

(3) Reviewing and making recommendations relating to the
implementation of the interagency agreement.

(c) Notwithstanding the other provisions of this section, the
begin delete Director end delete begin insert Secretary end insert of begin insert the Department of end insert Corrections begin insert and
Rehabilitation end insert shall administer all prison-based education
programs.

SEC. 7.  

Section 44212 of the Education Code, as amended by
Section 37 of Chapter 71 of the Statutes of 2014, is amended to
read:

44212.  

(a)  begin delete (1) end delete begin delete   end delete The Regents of the University of California,
the Trustees of the California State University, the California
begin delete Postsecondary Education Commission, end delete begin insert Commission on Higher
Education Performance and Accountability, end insert and the Association
of Independent California Colleges and Universities shall each
appoint a representative to serve as member ex officio without
vote in proceedings of the commission.

begin delete

(2) The Board of Governors of the California Community
Colleges may appoint an alternate representative to serve as an ex
officio member in the absence of the California Postsecondary
Education Commission’s representative.

end delete

(b) The ex officio members shall not vote in the proceedings of
the commission or in any of its committees or subcommittees,
except, by a majority vote of the commission, ex officio members
may be permitted to vote in committees or subcommittees in order
to establish a quorum or as otherwise determined by majority vote
of the commission.

SEC. 8.  

Section 44784 of the Education Code is amended to
read:

44784.  

(a) The institution selected under Section 44782 shall
be assisted by an advisory committee, the function of which shall
be:

(1) To review and comment on plans for the establishment of
the resource centers.

(2) To assist in determining criteria for local and private funding
matches to be required for the operation of each resource center.

(3) To advise the project on the selection of proposals for
funding.

(b) The advisory committee shall begin delete contain end delete begin insert be composed of end insert the
following members:

(1) Ten members appointed by representatives of higher
education, two each to be selected by the President of the
University of California, the Chancellor of the California State
University, the Chancellor of the California Community Colleges,
the Association of Independent California Colleges and
Universities, and the California begin delete Postsecondary Education
Commission. end delete begin insert Commission on Higher Education Performance and
Accountability. end insert At least one of the appointees of each of these
appointing entities shall be an elementary or secondary school
classroom teacher with classroom experience in international
studies instruction.

(2) Four public members with special interest or competence
in international affairs, representing business, community, and
subject area educational organizations, one each to be selected by
the begin delete Superintendent of Public Instruction, end delete begin insert Superintendent, end insert the
Governor, the Speaker of the Assembly, and the Senate Committee
on Rules.

(3) Three certificated school teachers, or other educators, with
classroom experience in international studies instruction, to be
designated by the institution selected to operate the project.

SEC. 9.  

Section 45351 of the Education Code is repealed.

begin delete

45351.  

(a) No later than June 30, 1990, the Office of the
Chancellor of the California Community Colleges shall issue
requests for proposal from community college districts for the
establishment of an Associate of Arts, Teacher Assistant program.
The requests for proposal shall describe the requirements set forth
in subdivision (c), and shall be developed in consultation with
representatives of the Superintendent of Public Instruction, the
President of the University of California, the Chancellor of the
California State University, the Chancellor of the California
Community Colleges, the Executive Director of the California
Postsecondary Education Commission, the Commission on Teacher
Credentialing, the statewide Academic Senate for Community
Colleges, and the President of the Association of Independent
Colleges and Universities. That program shall include, but not
necessarily be limited to, the two-year course of study described
in Section 45350 and the awarding of an Associate of Arts, Teacher
Assistant degree.

(b) The chancellor shall select two community college districts
from separate geographic areas of this state for the purposes of
this section, and shall allocate to each of those districts for the
1990-91 school year a planning grant of not less than twenty-five
thousand dollars ($25,000).

(c) Each of the community college districts selected and funded
under this section shall do all of the following:

(1) Implement the Associate of Arts, Teacher Assistant program
in one or more community colleges, commencing with the 1991-92
school year.

(2) Ensure that each student enrolled in the program shall work
under the direct supervision of a credentialed classroom teacher.

(3)  Design the program to ensure that credit hours earned under
the program at any community college are transferable to teacher
preparation programs conducted at California State University
campuses in the same region as that community college.

(4) No later than October 1, 1993, collect, and make available
to the California Postsecondary Education Commission for
purposes of the evaluation described in Section 45355, the
following data for the 1991-92 and 1992-93 school years:

(A) The number of persons who enrolled in the program, and
the number of persons who completed the program.

(B) Demographic information concerning those persons.

(C) The number and percentage of graduates of the program
who pass the examination described in subdivision (c) of Section
45350.

(D) The number and percentage of graduates of the program
who have obtained employment as teacher assistants, as reported
pursuant to Section 45353.

end delete

SEC. 10.  

Section 52342 of the Education Code is amended to
read:

52342.  

In the implementation of this article, the State
Department of Education shall, on a regular basis, advise and
consult with representatives of the Employment Development
Department, the Board of Governors of the California Community
Colleges, the California begin delete Postsecondary Education Commission, end delete
begin insert Commission on Higher Education Performance and Accountability, end insert
the University of California, the Chancellor of the California State
University, the Commission on Teacher Credentialing, the
Department of Industrial Relations, the Department of Consumer
Affairs, the California Advisory Council on Career Technical
Education and Technical Training, and the State Personnel Board.

SEC. 11.  

Section 52957 of the Education Code is amended to
read:

52957.  

The advisory committee shall include:

(a) One representative selected by the California begin delete Postsecondary
Education Commission. end delete begin insert Commission on Higher Education
Performance and Accountability. end insert

(b) Two representatives selected by the President of the
University of California, one of whom has the responsibility for
teaching science.

(c) Two representatives selected by the Chancellor of the
California State University, one of whom has the responsibility
for teaching science.

(d) Two representatives selected by the Chancellor of the
California Community Colleges, one of whom has the
responsibility for teaching science.

(e) Four public school classroom teachers of science, and one
additional representative, selected by the begin delete Superintendent of Public
Instruction. end delete begin insert Superintendent. end insert

(f) One teacher of science plus a representative selected by the
Association of Independent California Colleges and Universities.

(g) One representative of business and industry selected by the
Industry Education Council of California.

(h) One representative of California labor, selected by the
California branch of the American Federation of Labor-Congress
of Industrial Organizations (AFL-CIO).

(i) One representative of the National Science Supervisors
Association.

(j) One representative of a national laboratory, selected by the
Regents of the University of California.

SEC. 12.  

Section 54703 of the Education Code is amended to
read:

54703.  

The Superintendent begin delete of Public Instruction end delete shall prepare
rules and regulations necessary to implement the provisions of this
article, including rules and regulations begin delete which: end delete begin insert that: end insert

(a) Prescribe the procedure by which a district shall identify
pupils who are traditionally underrepresented in higher education.

(b) Provide for the rendering of technical assistance begin delete which, end delete begin insert that, end insert
upon request, shall be available to enable school districts and
schools to design, implement, or evaluate the University and
College Opportunities Programs authorized by this article.

(c) Identify effective practices regarding, but not necessarily
limited to, begin delete University and College Opportunities Programs and
which end delete begin insert college and university opportunities programs, and end insert
disseminate information regarding these programs to each
participating school district and county superintendent of schools.

(d) Develop, in conjunction with the California begin delete Postsecondary
Education Commission, end delete begin insert Commission on Higher Education
Performance and Accountability, end insert common data begin delete elements, which end delete
begin insert elements that end insert can be used by secondary and postsecondary
educators to assess and improve program performance.

SEC. 13.  

Section 66010.4 of the Education Code is amended
to read:

66010.4.  

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

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

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

(A) The provision of remedial instruction for those in need of
it and, in conjunction with the school districts, instruction in
English as a second language, adult noncredit instruction, and
support services begin delete which end delete begin insert that end insert help students succeed at the
postsecondary level are reaffirmed and supported as essential and
important functions of the community colleges.

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

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

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

(4) The community colleges may begin delete conduct end delete begin insert conduct, end insert to the extent
that state funding is provided, institutional research concerning
student learning and retention as is needed to facilitate their
educational missions.

(b) The California State University shall offer undergraduate
and graduate instruction through the master’s degree in the liberal
arts and sciences and professional education, including teacher
education. Presently established two-year programs in agriculture
are authorized, but other two-year programs shall be permitted
only when mutually agreed upon by the Trustees of the California
State University and the Board of Governors of the California
Community Colleges. The doctoral degree may be awarded jointly
with the University of California, as provided in subdivision (c)
and pursuant to Section 66904. The doctoral degree may also be
awarded jointly with one or more independent institutions of higher
education, provided that the proposed doctoral program is approved
by the California begin delete Postsecondary Education Commission. end delete
begin insert Commission on Higher Education Performance and Accountability. end insert
Research, scholarship, and creative activity in support of its
undergraduate and graduate instructional mission is authorized in
the California State University and shall be supported by the state.
The primary mission of the California State University is
undergraduate and graduate instruction through the master’s degree.

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

(d) The independent institutions of higher education shall
provide undergraduate and graduate instruction and research in
accordance with their respective missions.

SEC. 14.  

Section 66010.6 of the Education Code is amended
to read:

66010.6.  

begin insert (a) end insert begin insert   end insert The missions of agencies charged with
coordination, administration, or implementation of higher education
policies and programs in California shall be as follows:

begin delete

(a)

end delete

begin insert (1) end insert  The California begin delete Postsecondary Education Commission end delete
begin insert Commission on Higher Education Performance and Accountability end insert
is the statewide postsecondary education coordinating and planning
agency. The commission shall serve as a principal fiscal and
program advisor to the Governor and the Legislature on
postsecondary educational policy. Consistent with Section 66903,
the commission’s responsibilities shall include, but not be limited
to, begin insert all of end insert the following:

begin delete

(1)

end delete

begin insert (A) end insert  Analysis and recommendations related to long-range
planning for public postsecondary education.

begin delete

(2)

end delete

begin insert (B) end insert  Analysis of state policy and programs involving the
independent and private postsecondary educational sectors.

begin delete

(3)

end delete

begin insert (C) end insert   Analysis and recommendations related to program and
policy review.

begin delete

(4)

end delete

begin insert (D) end insert  Resource analysis.

begin delete

(5)

end delete

begin insert (E) end insert  Maintenance and publication of pertinent public information
relating to all aspects of postsecondary education.

begin delete

The commission

end delete

begin insert (2) end insert begin insert   end insert begin insert The California Commission on Higher Education
Performance and Accountability end insert shall consult with the
postsecondary educational segments and with relevant state
agencies, including the Student Aid Commission, the
begin delete Superintendent of Public Instruction, end delete begin insert Superintendent end insert and other
relevant parties, in its preparation of analyses and recommendations
to the Governor and the Legislature. However, the commission
shall remain an independent and nonpartisan body responsible for
providing an integrated and segmentally unbiased view for
purposes of state policy formulation and evaluation.

(b)  begin delete The California end delete begin insert (1) end insert begin insert   end insert begin insert The end insert Student Aid Commission is the
primary state agency for the administration of state-authorized
student financial aid programs available to students attending all
segments of postsecondary education. These programs include
grant, work study, and loan programs supported by the state and
the federal government.

begin delete

Consistent

end delete

begin insert (2) end insert begin insert   end insert begin insert Consistent end insert with this responsibility, the begin insert Student Aid end insert
Commission shall provide, in consultation with the postsecondary
education segments and relevant state agencies, policy leadership
on student financial aid issues, evaluate the effectiveness of its
programs, conduct research and long-range planning as a
foundation for program improvement, report on total state financial
aid needs, and disseminate information to students and their
families.

(c) The Council for Private Postsecondary and Vocational
Education is the primary state agency responsible for approving
and regulating private postsecondary and vocational educational
institutions and for developing state policies for private
postsecondary and vocational education in California. The council
shall represent the private postsecondary and vocational education
institutions in all state level planning and policy discussions about
postsecondary and vocational education.

SEC. 15.  

Section 66010.7 of the Education Code is amended
to read:

66010.7.  

(a) The Legislature, through the enactment of this
section, expresses its commitment to encourage and support
collaboration and coordination among all segments of education.

(b) Within the differentiation of segmental functions outlined
in this article, the institutions of higher education shall undertake
intersegmental collaboration and coordination particularly when
it can do any of the following:

(1) Enhance the achievement of the institutional missions shared
by the segments.

(2) Provide more effective planning of postsecondary education
on a statewide basis.

(3) Facilitate achievement of the goals of educational equity.

(4) Enable public and independent higher education to meet
more effectively the educational needs of a geographic region.

(5) Facilitate student progress from one segment to another,
particularly with regard to preparation of students for higher
education as well as the transfer from begin insert campuses of end insert the California
Community Colleges to four-year institutions.

(c) The leaders responsible for public and independent
institutions of higher education and the Superintendent begin delete of Public
Instruction end delete shall work together to promote and facilitate the
development of intersegmental programs and other cooperative
efforts aimed at improving the progress of students through the
educational systems and at strengthening the teaching profession
at all levels.

(d) The California begin delete Postsecondary Education Commission shall
have responsibility end delete begin insert Commission on Higher Education Performance
and Accountability shall be responsible end insert for reviewing and
evaluating the effectiveness of intersegmental activities in
accomplishing the established goals, and shall report its findings
to the Governor and Legislature biennially.

SEC. 16.  

Section 66040.3 of the Education Code is amended
to read:

66040.3.  

(a) Pursuant to Section 66040, and notwithstanding
Section 66010.4, in order to meet specific educational leadership
needs in the California public schools and community colleges,
the California State University is authorized to award the Doctor
of Education (Ed.D.) degree as defined in this section. The
authority to award degrees granted by this article is limited to the
discipline of education. The Doctor of Education degree offered
by the California State University shall be distinguished from
doctoral degree programs at the University of California.

(b) The Doctor of Education degree offered by the California
State University shall be focused on preparing administrative
leaders for California public elementary and secondary schools
and community colleges and on the knowledge and skills needed
by administrators to be effective leaders in California public
schools and community colleges. The Doctor of Education degree
offered by the California State University shall be offered through
partnerships through which the California public elementary and
secondary schools and community colleges shall participate
substantively in program design, candidate recruitment and
admissions, teaching, and program assessment and evaluation.
This degree shall enable professionals to earn the degree while
working full time.

(c)  begin delete Nothing in this article shall be construed to end delete begin insert This article does
not end insert limit or preclude the California begin delete Postsecondary Education
Commission end delete begin insert Commission on Higher Education Performance and
Accountability end insert from exercising its authority under Chapter 11
(commencing with Section 66900) to review, evaluate, and make
recommendations relating to, any and all programs established
under this article.

SEC. 17.  

Section 66742 of the Education Code is amended to
read:

66742.  

begin insert (a) end insert begin insert   end insert The governing boards of the three public segments
of higher education shall present annual statistical reports on
transfer patterns via the California begin delete Postsecondary Education
Commission end delete begin insert Commission on Higher Education Performance and
Accountability end insert to the Governor and Legislature. The reports shall
include recent statistics on student enrollments by campus,
segment, gender, ethnicity, and the ratio of upper division to lower
division, including information on both freshman and transfer
student access to the system. These reports should include, to the
extent that data are available or become available, data on
application, begin delete admission end delete begin insert admission, end insert and enrollment information for
all students by sex, ethnicity, and campus. For transfer students,
this data shall indicate the segment of origin for all students. In
addition, data shall be separately identified for transfer students
from California Community Colleges, and shall identify the subset
of applications begin delete which end delete begin insert that end insert are completed together with admission,
enrollment, and declared major information for that group. begin delete The end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert reports shall describe the number of transfer agreements,
if any, whose terms and conditions were not satisfied by either the
California State University or the University of California, the
number of California Community College transfer students denied
either admission to the student's first choice of a particular campus
of the California State University or the University of California
or the student's first choice of a major field of study, and, among
those students, the number of students who, upon denial of either
of the student's first choices, immediately enrolled at another
campus of the California State University or the University of
California. The reports shall also include information by sex and
ethnicity on retention and degree completion for transfer students
as well as for native students, and the number and percentage of
baccalaureate degree recipients who transferred from a community
college begin insert campus end insert .

SEC. 18.  

Section 66743 of the Education Code is amended to
read:

66743.  

The California begin delete Postsecondary Education Commission end delete
begin insert Commission on Higher Education Performance and Accountability end insert
is requested to convene an intersegmental advisory committee on
transfer access and performance for begin delete the end delete purposes of presenting
biennial reports to the Governor and the Legislature on the status
of transfer policies and programs, the diligence of each segment's
board, and the effectiveness of these programs in meeting the
state's goals for transfer. The report shall include information about
all of the following:

(a) The effectiveness of transfer agreement programs and
activities in enhancing the transfer function overall as well as the
extent to which transfer program activities have been directed at
students who have been historically underrepresented in the
University of California and the California State University.

(b) The status of the implementation of the transfer core
begin delete curriculum end delete begin insert curriculum, end insert as described in Section begin delete 66720 end delete begin insert 66720, end insert for
each community college, including information about the extent
to which sophomore level courses needed for transfer are available
on all community college campuses.

(c) Progress that has been made in achieving articulation
agreements in those specific majors that have lower division
prerequisites, and the dissemination of this information. The
committee shall also explore methods to systematically measure
the extent to which the state’s goals of freshmen and transfer
student access are being met, including analyses of the number of
fully eligible freshmen or transfer students who are denied access
to the system, and the reasons for that denial. The committee shall
also address ways in which sharing of information about transfer
students among the segments can be improved, including early
identification of potential transfer students for intensive recruitment
purposes.

begin delete

The

end delete

begin insert (d) end insert begin insert   end insert begin insert The end insert Governor and the Legislature shall monitor the success
of the University of California and the California State University
in achieving their targeted enrollment levels and in implementing
these reforms. A substantial failure to implement reform, to achieve
the 60/40 ratio by the designated dates, or to improve the transfer
rate of historically underrepresented groups significantly, shall
precipitate legislative hearings to determine the reasons why any
one or all of these goals have not been met.

SEC. 19.  

The heading of Chapter 11 (commencing with Section
66900) of Part 40 of Division 5 of Title 3 of the Education Code
is amended to read:

 

Chapter  11. California begin delete Postsecondary Education end delete
Commission begin insert on Higher Education Performance and
Accountability end insert

 

SEC. 20.  

Section 66900 of the Education Code is repealed.

begin delete

66900.  

(a) It is the intent of the Legislature that the California
Postsecondary Education Commission (CPEC) be responsible for
coordinating public, independent, and private postsecondary
education in California and providing independent policy analyses
and recommendations to the Legislature and the Governor on
postsecondary education issues. In this respect, the Legislature
finds as follows:

(1) California, in its adoption of the 1960 Master Plan for Higher
Education, established the Coordinating Council for Higher
Education, the commission’s predecessor as the statewide
coordinating and planning board for higher education.

(2) In 1973, the Legislature’s Joint Committee on Higher
Education reviewed the 1960 Master Plan for Higher Education
and ultimately advanced a report that included recommendations
for strengthening California’s higher education plan. The
committee’s work resulted in the disestablishment of the
Coordinating Council for Higher Education and the establishment
of the California Postsecondary Education Commission.

(3) Assembly Bill 770 (Chapter 1187 of the Statutes of 1973)
strengthened the membership of the commission by having a
majority of its members represent the general public. That bill also
increased the commission’s responsibilities with respect to advising
the Legislature and the Governor on issues related to governance,
operation, and financing of higher education in California.

(4) Since 1974, the commission has served as the state’s
independent planning and coordination agency for postsecondary
education policy, responsible for providing analyses and
recommendations to the Legislature and the Governor related to
long-range planning for public postsecondary education and the
state policy and programs involving independent and private
postsecondary education sectors.

(5) In 1990, Senate Bill 1570 (Chapter 1587 of the Statutes of
1990) codified the commission’s mission statement developed by
the 1989 Joint Committee for the Review of the Master Plan for
Higher Education.

(6) The commission has administered specifically designated
federal programs and in July 1993, it was named the state’s
designated agency to administer the new federal state
postsecondary review entity (SPRE).

(b) It is the intent of the Legislature that the commission
maintain the essential role it plays in coordinating all sectors of
postsecondary education, both public and private, given the size,
scope, and complexity of California’s higher education system.

(c) It is further the intent of the Legislature, as follows:

(1) That the education policy recommendations of the
commission shall be a primary consideration in developing state
policy and funding for postsecondary education.

(2) That the commission shall develop and maintain a data
collection system capable of documenting the performance of
postsecondary education institutions in meeting the post high
school education and training needs of California’s diverse
population.

(3) That the commission, as the state’s planning and coordinating
agency, shall ensure the effective utilization of public
postsecondary education resources, thereby eliminating waste and
unnecessary duplication, and shall promote diversity, innovation,
and responsiveness to student and societal needs.

(4) That the commission shall encourage the participation of
faculty members, students, administrators, and members of the
general public in carrying out its duties and responsibilities.

end delete

SEC. 21.  

Section 66900 is added to the Education Code, to
read:

66900.  

For purposes of this chapter, the following terms have
the following meanings:

(a) “Commission” means the California Commission on Higher
Education Performance and Accountability, established pursuant
to subdivision (a) of Section 66901.

(b) “Director” means the Director of the California Commission
on Higher Education Performance and Accountability, appointed
by the commission pursuant to subdivision (m) of Section 66901.

SEC. 22.  

Section 66901 of the Education Code is amended to
read:

66901.  

begin insert (a) end insert begin insert   end insert There is hereby begin delete created the California
Postsecondary Education Commission, end delete begin insert established the California
Commission on Higher Education Performance and Accountability, end insert
which shall be advisory to the Governor, the Legislature, other
appropriate governmental officials, and institutions of
postsecondary education. The commission shall be composed of
begin delete the following end delete begin insert 17 end insert members begin insert of the general public, appointed as
follows end insert :

begin delete

(a) One representative of the Regents of the University of
California designated by the regents, one representative of the
Trustees of the California State University designated by the
trustees, and one representative of the Board of Governors of the
California Community Colleges designated by the board.
Representatives of the regents, the trustees, and the board of
governors shall be chosen from among the appointed members of
their respective boards, but in no instance shall an ex officio
member of a governing board serve on the commission.

end delete begin delete

(b) One representative of the independent California colleges
and universities that are formed and operated as nonprofit
corporations in this state and are accredited by a regional
association that is recognized by the United States Department of
Education. This member shall be appointed by the Governor from
a list or lists submitted by an association or associations of those
institutions.

end delete begin delete

(c) The chair or the designee of the chair of the Council for
Private Postsecondary and Vocational Education.

end delete begin delete

(d) The President of the State Board of Education or his or her
designee from among the other members of the board.

end delete begin delete

(e) Nine representatives of the general public appointed as
follows: three by the Governor, three by the Senate Rules
Committee, and three by the Speaker of the Assembly. It is the
intent of the Legislature that the commission be broadly and
equitably representative of the general public in the appointment
of its public members and that the appointing authorities, therefore,
shall confer to assure that their combined appointments include
adequate representation on the basis of sex and on the basis of the
significant racial, ethnic, and economic groups in the state.

end delete begin delete

(f) Two student representatives, each of whom shall be enrolled
at a California postsecondary education institution at the time of
appointment and during the term of service, except that a student
member who graduates from an institution with no more than six
months of his or her term remaining shall be permitted to serve
for the remainder of the term. The Governor shall appoint the
student members from persons nominated by the appropriate
student organizations of each of the postsecondary education
segments. For each student member of the commission, the
appropriate student organization may submit a list of nominees.
The list shall specify not less than three and not more than five
nominees. The appropriate student organization for each segment
shall be a composite group of at least five representative student
government associations, as determined by the commission.

end delete begin delete

(g) The student member appointed to the commission shall not
be enrolled in the same segment as the outgoing student member
or in the same segment of the other sitting student member.

end delete begin insert

(1) Four members shall be appointed by the Speaker of the
Assembly.

end insert begin insert

(2) Four members shall be appointed by the Senate Committee
on Rules.

end insert begin insert

(3) Nine members, including a chairperson of the commission,
shall be appointed by the Governor, subject to confirmation by
the Senate.

end insert begin delete

(h)  No

end delete

begin insert (b) end insert begin insert   end insert begin insert A end insert person who is employed by any institution of public or
private postsecondary education shall begin insert not end insert be appointed to or serve
on the commission, except that a person who is not a permanent,
full-time employee and who has part-time teaching duties that do
not exceed six hours per week may be appointed to and serve on
the commission.

begin insert

(c) Appointments to the commission shall be representative of
civic, business, and public school leaders.

end insert begin delete

The

end delete

begin insert (d) end insert begin insert   end insert begin insert The end insert commission members begin delete designated in subdivisions (a),
(c), and (d) end delete shall serve at the pleasure of their respective appointing
authorities. begin delete The member designated in subdivision (b) shall serve
a three-year term. The members designated in subdivision (e) shall
each serve a six-year term. The members designated in subdivision
(f) shall each serve a two-year term. end delete begin insert The members appointed
pursuant to paragraphs (1) and (2) of subdivision (a) shall each
serve a six-year term. The members appointed pursuant to
paragraph (3) of subdivision (a) shall initially serve a three-year
term, and shall serve a six-year term thereafter. end insert The respective
appointing authority may appoint an alternate for each member
who may, during the member’s absence, serve on the commission
and vote on matters before the commission. When vacancies occur
prior to expiration of terms, the respective appointing authority
may appoint a member for the remainder of the term.

begin delete

Any

end delete

begin insert (e) end insert begin insert   end insert begin insert Any end insert person appointed pursuant to this section may be
reappointed to serve additional terms.

begin delete

All

end delete

begin insert (f) end insert begin insert   end insert begin insert All end insert terms subsequent to the initial begin delete appointments, which
became effective on January 10, 1974, end delete begin insert appointments end insert shall begin
on January 1 of the year in which the respective terms are to start.

begin delete

Any

end delete

begin insert (g) end insert begin insert   end insert begin insert Any end insert person appointed pursuant to this section who no longer
has the position that made him or her eligible for appointment may
nonetheless complete his or her term of office on the commission.

begin delete

No

end delete

begin insert (h) end insert begin insert   end insert begin insert A end insert person appointed pursuant to this section shall begin insert not end insert , with
respect to any matter before the commission, vote for or on behalf
of, or in any way exercise the vote of, any other member of the
commission.

begin delete

The

end delete

begin insert (i) end insert begin insert   end insert begin insert The end insert commission shall meet as often as it deems necessary
to carry out its duties and responsibilities.

begin delete

Any

end delete

begin insert (j) end insert begin insert   end insert begin insert Any end insert member of the commission who in any calendar year
misses more than one-third of the meetings of the full commission
forfeits his or her office, thereby creating a vacancy.

begin delete

The commission shall select a chair from among the members
representing the general public. The chair shall hold office for a
term of one year and may be selected to successive terms.

end delete begin delete

There

end delete

begin insert (k) end insert begin insert   end insert begin insert There end insert is established an advisory committee to the
commission and the director, consisting of the chief executive
officers of each of the public segments, or their designees, the
Superintendent begin delete of Public Instruction end delete or his or her designee, begin delete and
an end delete begin insert one student representative who shall be enrolled at a California
postsecondary educational institution at the time of appointment
and during the term of service, one end insert executive officer from begin delete each of
the groups of institutions designated in subdivisions (b) and (c) end delete
begin insert among the independent California colleges and universities that
are formed and operated as nonprofit corporations in this state
and are accredited by a regional association that is recognized
by the United States Department of Education, and one executive
officer of the Council for Private Postsecondary and Vocational
Education end insert to be designated by the begin delete respective commission
representative from these groups. end delete begin insert commission. end insert Commission
meeting agenda items and associated documents shall be provided
to the committee in a timely manner for its consideration and
comments.

begin delete

The

end delete

begin insert (l) end insert begin insert   end insert begin insert The end insert commission may appoint any subcommittees or advisory
committees it deems necessary to advise the commission on matters
of educational policy. The advisory committees may consist of
commission members or nonmembers, or both, including students,
faculty members, segmental representatives, governmental
representatives, and representatives of the public.

begin delete

The

end delete

begin insert (m) end insert begin insert   end insert begin insert The end insert commission shall appoint begin delete and may remove a director
in the manner hereafter specified. end delete begin insert a director, subject to
confirmation by the Senate. end insert The director shall appoint persons to
any staff positions the commission may authorize.

begin delete

The

end delete

begin insert (n) end insert begin insert   end insert begin insert The end insert commission shall prescribe rules for the transaction of
its own affairs, begin delete subject, however, end delete begin insert subject end insert to all the following
requirements and limitations:

(1) The votes of all representatives shall be recorded.

(2) Effective action shall require the affirmative vote of a
majority of all the duly appointed members of the commission,
not including vacant commission seats.

(3) The affirmative votes of two-thirds of all the duly appointed
members of the commission, not including vacant commission
seats, shall be necessary to the appointment of the director.

SEC. 23.  

Section 66902.5 of the Education Code is repealed.

begin delete

66902.5.  

Unless otherwise specified, reports submitted to the
Legislature by the California Postsecondary Education Commission
shall be delivered to the Senate and Assembly budget
subcommittees on education, the Senate education and Assembly
higher education policy committees, the Legislative Analyst’s
Office, the Office of the Governor, and the Department of Finance.
Unless otherwise specified, these reports may be submitted in PDF
format or comparable electronic format.

end delete

SEC. 24.  

Section 66903 of the Education Code is amended to
read:

66903.  

The commission has the following functions and
responsibilities in its capacity as the statewide postsecondary
education planning and coordinating agency and adviser to the
Legislature and the Governor:

begin delete

(a) It shall require the governing boards of the segments of
public postsecondary education to develop and submit to the
commission institutional and systemwide long-range plans in a
form determined by the commission after consultation with the
segments.

end delete begin delete

(b) It shall prepare a state plan for postsecondary education that
shall integrate the planning efforts of the public segments with
other pertinent plans. The commission shall seek to resolve
conflicts or inconsistencies among segmental plans in consultation
with the segments. If these consultations are unsuccessful, the
commission shall report the unresolved issues to the Legislature
with recommendations for resolution. In developing the plan, the
commission shall consider at least the following factors:

end delete begin delete

(1) The need for, and location of, new facilities.

end delete begin delete

(2) The range and kinds of programs appropriate to each
institution or system.

end delete begin delete

(3) The budgetary priorities of the institutions and systems of
postsecondary education.

end delete begin delete

(4) The impact of various types and levels of student charges
on students and on postsecondary education programs and
institutions.

end delete begin delete

(5) The appropriate levels of state-funded student financial aid.

end delete begin delete

(6) The access and admission of students to postsecondary
education.

end delete begin delete

(7) The educational programs and resources of independent and
private postsecondary institutions.

end delete begin delete

(8) The provisions of this division differentiating the functions
of the public systems of higher education.

end delete begin delete

(c) It shall update the plan periodically, as appropriate.

end delete begin delete

(d) It shall participate in appropriate stages of the executive and
the legislative budget processes as requested by the executive and
the legislative branches, and shall advise the executive and the
legislative branches as to whether segmental programmatic
budgetary requests are compatible with the state plan. It is not
intended that the commission hold independent budget hearings.

end delete begin insert

(a) It shall articulate and monitor state performance objectives
for higher education.

end insert begin delete

(e)

end delete

begin insert (b) end insert  It shall advise the Legislature and the Governor regarding
the need for, and location of, new institutions and campuses of
public higher education.

begin delete

(f)

end delete

begin insert (c) end insert   It shall review proposals by the public segments for new
programs, the priorities that guide them, and the degree of
coordination with nearby public, independent, and private
postsecondary educational institutions, and shall make
recommendations regarding those proposals to the Legislature and
the Governor.

begin delete

(g) In consultation with the public segments, it shall establish
a schedule for segmental review of selected educational programs,
evaluate the program approval, review, and disestablishment
processes of the segments, and report its findings and
recommendations to the Legislature and the Governor.

end delete begin delete

(h) It shall serve as a stimulus to the segments and institutions
of postsecondary education by projecting and identifying societal
and educational needs and encouraging adaptability to change.

end delete begin delete

(i) It shall periodically collect or conduct, or both collect and
conduct, studies of projected manpower supply and demand, in
cooperation with appropriate state agencies, and disseminate the
results of those studies to institutions of postsecondary education
and to the public in order to improve the information base upon
which student choices are made.

end delete begin delete

(j) It shall periodically review and make recommendations
concerning the need for, and availability of, postsecondary
programs for adult and continuing education.

end delete begin delete

(k) It shall develop criteria for evaluating the effectiveness of
all aspects of postsecondary education.

end delete begin delete

(l) It shall maintain and update annually an inventory of all
off-campus programs and facilities for education, research, and
community services operated by public and independent institutions
of postsecondary education.

end delete begin delete

(m)

end delete

begin insert (d) end insert  (1) It shall act as a clearinghouse for postsecondary
education information and as a primary source of information for
the Legislature, the Governor, and other agencies. It shall develop
and maintain a comprehensive begin delete data base end delete begin insert database end insert that does all of
the following:

(A) Ensures comparability of data from diverse sources.

(B) Supports longitudinal studies of individual students as they
progress through the state’s postsecondary educational institutions,
based upon the commission’s existing student begin delete data base end delete begin insert database end insert
through the use of a unique student identifier.

(C) Is compatible with the California School Information System
and the student information systems developed and maintained by
the public segments of higher education, as appropriate.

(D) Provides Internet access to data, as appropriate, to the sectors
of higher education.

(E) Provides each of the educational segments access to the data
made available to the commission for begin delete the end delete purposes of the begin delete data
base, end delete begin insert database, end insert in order to support, most efficiently and effectively,
statewide, segmental, and individual campus educational research
information needs.

(2) The commission, in implementing paragraph (1), shall
comply with the federal Family Educational Rights and Privacy
Act of 1974 (20 U.S.C. Sec. 1232g) relating to the disclosure of
personally identifiable information concerning students.

(3) The commission may not make available any personally
identifiable information received from a postsecondary educational
institution concerning students for any regulatory purpose unless
the institution has authorized the commission to provide that
information on behalf of the institution.

(4) The commission shall provide 30-day notification to the
chairpersons of the appropriate legislative policy and budget
committees of the Legislature, to the Director of Finance, and to
the Governor begin delete prior to end delete begin insert before end insert making any significant changes to
the student information contained in the begin delete data base. end delete begin insert database. end insert

begin delete

(n) It shall establish criteria for state support of new and existing
programs, in consultation with the public segments, the Department
of Finance, and the Joint Legislative Budget Committee.

end delete begin delete

(o) It shall comply with the appropriate provisions of the federal
Education Amendments of 1972 (P.L. 92-318), as specified in
Section 67000.

end delete begin delete

(p) It shall consider the relationship among academic education
and vocational education and job training programs, and shall
actively consult with representatives of public and private
education.

end delete begin delete

(q)

end delete

begin insert (e) end insert  It shall review all proposals for changes in eligibility pools
for admission to public institutions and segments of postsecondary
begin delete education end delete begin insert education, end insert and shall make recommendations to the
Legislature, the Governor, and institutions of postsecondary
education. In carrying out this subdivision, the commission
periodically shall conduct a study of the percentages of California
public high school graduates estimated to be eligible for admission
to the University of California and the California State University.
begin delete The changes made to this subdivision during the 2001-02 Regular
Session of the Legislature shall be implemented only during those
fiscal years for which funding is provided for the purposes of those
provisions in the annual Budget Act or in another measure. end delete

begin delete

(r) It shall report periodically to the Legislature and the Governor
regarding the financial conditions of independent institutions, their
enrollment and application figures, the number of student spaces
available, and the respective cost of utilizing those spaces as
compared to providing additional public spaces. The reports shall
include recommendations concerning state policies and programs
having a significant impact on independent institutions.

end delete begin delete

(s) Upon request of the Legislature or the Governor, it shall
submit to the Legislature and the Governor a report on all matters
so requested that are compatible with its role as the statewide
postsecondary education planning and coordinating agency. Upon
request of individual Members of the Legislature or personnel in
the executive branch, the commission shall submit information or
a report on any matter to the extent that sufficient resources are
available. From time to time, it also may submit to the Legislature
and the Governor a report that contains recommendations as to
necessary or desirable changes, if any, in the functions, policies,
and programs of the several segments of public, independent, and
private postsecondary education.

end delete begin delete

(t) In consultation with the public segments, it shall consider
the development of facilities to be used by more than one segment
of public higher education, commonly called “joint-use facilities.”
It shall recommend to the Legislature criteria and processes for
different segments to utilize bond funds for these intersegmental,
joint-use facilities.

end delete begin delete

(u) It may undertake other functions and responsibilities that
are compatible with its role as the statewide postsecondary
education planning and coordinating agency.

end delete begin insert

(f) It shall increase educational achievement in postsecondary
educational institutions, close educational achievement gaps, and
prepare citizens for the workforce.

end insert begin insert

(g) It shall, through its use of information and its analytic
capacity, inform the identification and periodic revision of state
goals and priorities for higher education. It shall, biennially,
interpret and evaluate both statewide and institutional performance
in relation to these goals and priorities.

end insert begin insert

(h) It shall submit reports to the Legislature in compliance with
Section 9795 of the Government Code.

end insert begin insert

(i) It shall manage data systems and maintain programmatic,
policy, and fiscal expertise to receive and aggregate information
reported by the institutions of higher education in this state.

end insert begin insert

(j) It shall perform all other duties assigned by the Legislature.

end insert

SEC. 25.  

Section 66903.1 of the Education Code is repealed.

begin delete

66903.1.  

To the extent that the functions and tasks assigned to
the California Postsecondary Education Commission by state law
cannot all be performed with the funding provided in the annual
Budget Act, it is the intent of the Legislature that the commission
prioritize its workload to ensure, at a minimum, that the following
responsibilities are completed in a timely manner:

(a) All reviews and recommendations of the need for new
institutions for the public higher education segments, inclusive of
community colleges, pursuant to subdivision (e) of Section 66903.

(b) All reviews and recommendations of the need for new
programs for the public higher education segments, inclusive of
community colleges, pursuant to subdivision (f) of Section 66903.

(c) Consistent with the role of the commission pursuant to
Section 67002, serve as the designated state educational agency
to carry out federal education programs, pursuant to subdivision
(o) of Section 66903.

(d) All data management responsibilities pursuant to subdivision
(m) of Section 66903 and data reporting pursuant to the adoption
of legislation that establishes a higher education accountability
framework.

end delete

SEC. 26.  

Section 66903.2 of the Education Code is repealed.

begin delete

66903.2.  

The Office of Statewide Health Planning and
Development shall consult with the commission in the development
by the office of its Health Manpower Plan and recommendations
for meeting the needs in California for health science personnel.
This consultation shall focus on whether health science education
enrollment levels are adequate to meet the state's health manpower
needs by category and specialty within each category.

end delete

SEC. 27.  

Section 66903.2 is added to the Education Code, to
read:

66903.2.  

On or before December 31 of each year, the
commission shall report to the Legislature and the Governor
regarding its progress in achieving the objectives and
responsibilities set forth in subdivision (a) of Section 66903.

SEC. 28.  

Section 66903.3 of the Education Code is amended
to read:

66903.3.  

The commission may delegate to the begin delete executive end delete
director any power, duty, purpose, function, or jurisdiction that
the commission may lawfully delegate, including the authority to
enter into and sign contracts on behalf of the commission. The
begin delete executive end delete director may redelegate any of those powers, duties,
purposes, functions, or jurisdictions to his or her designee, unless
by statute, or rule or regulation, the begin delete executive end delete director is expressly
required to act personally.

SEC. 29.  

Section 66905 of the Education Code is amended to
read:

66905.  

It is the intent of the Legislature that the begin delete California
Postsecondary Education Commission end delete begin insert commission end insert annually review
and fix the salary of its director according to a methodology
established by the commission. This methodology shall take into
consideration the salary of directors of coordinating boards for
higher education in states with postsecondary education systems
comparable to California’s in size, complexity, and level of state
expenditures. The comparison states shall include seven major
industrial states, including Illinois, New Jersey, New York, Ohio,
and Texas. The commission shall notify the Chairperson of the
Joint Legislative Budget Committee of this annual salary amount.
Notwithstanding begin delete the provisions of end delete Section 19825 of the
Government Code, the salary shall become effective no sooner
than 30 days after written notice of the salary is provided to the
chairperson of the committee, or no sooner than a lesser time as
the chairperson, or his or her designee, may determine.

SEC. 30.  

Section 66941 of the Education Code is amended to
read:

66941.  

(a) The Legislature finds and declares that access to a
high quality education is the primary goal for the use of educational
technology in higher education. All students in California’s public
schools and colleges and all adults in the state shall have access
to educational opportunities for which they are qualified, regardless
of their income level, geographic location, or the size of the school
they attend.

(b) Pursuant to its statutory planning and coordination functions
and responsibilities identified in Section begin delete 66900, the California
Postsecondary Education Commission end delete begin insert 66903, the California
Commission on Higher Education Performance and Accountability end insert
shall convene an intersegmental working group to determine state
funding priorities consistent with the institutional missions of the
systems of higher education.

(c) The intersegmental working group shall observe all of the
following principles to guide the development of priorities and the
proposed expenditure of state revenues on technology infrastructure
and applications:

(1) Development of a statewide infrastructure that provides
compatible connectivity between all levels of education to reduce
redundancy and increase efficiency.

(2) Adherence to nationally and internally accepted protocols
and standards.

(3) Assurance that the standards for course and program quality
applied to distance education are rigorous in meeting accreditation
standards, Universal Design Standards, and standards currently
applied to traditional classroom instruction at higher educational
institutions in the areas of course content, student achievement
levels, and coherence of the curriculum.

(4) Collaboration between the private sector and educational
institutions in the availability and use of technology in high-priority
schools and underserved areas.

(5) Collaboration across departments, institutions, states, and
countries in the use of technology.

(6) Use of technology to contain costs, improve student
outcomes, and enhance quality in instructional and noninstructional
functions, such as student services, libraries, and administrative
support.

(d) The intersegmental working group shall be composed of
representatives from begin delete public, end delete begin insert public end insert elementary and secondary
education, the California State University, the California
Community Colleges, the University of California, independent
accredited universities and colleges, state approved schools and
colleges, private sector providers of distance education, the Office
of the Secretary of Education, and the private sector.

(e) The commission shall facilitate the development of statewide
funding priorities for technology in higher begin delete education, and shall
forward the recommendations of the working group to the
Legislature and the Governor on or before August 1, 2002. end delete
begin insert education. end insert

SEC. 31.  

Section 67002 of the Education Code is amended to
read:

67002.  

The California begin delete Postsecondary Education Commission end delete
begin insert Commission on Higher Education Performance and Accountability end insert
is designated as the state educational agency to carry out the
purposes and provisions of the begin insert federal end insert Education Amendments of
1972 (Public Law 92-318), the begin insert federal end insert Education Amendments of
1976 begin delete (Pulbic end delete begin insert (Public end insert Law 94-482), and subsequent enactments
amendatory or supplementary thereto, as follows:

(a) The commission is designated as the state commission
required to be established pursuant to Section 1202 of Title X of
the begin insert federal end insert Higher Education Act of 1965 (Public Law 89-329) as
amended by the begin insert federal end insert Education Amendments of 1972 (Public
Law begin delete 92-318); end delete begin insert 92-318). end insert

(b) The commission is designated as the state administrative
agency required to be established pursuant to Section 1055 of Title
X of the begin insert federal end insert Higher Education Act of 1965 (Public Law
89-329) as amended by the begin insert federal end insert Education Amendments of
1972 (Public Law 92-318), unless begin delete such end delete begin insert that end insert designation is
determined by the federal government to be in conflict with federal
law or begin delete regulations; end delete begin insert regulations. end insert

(c) The commission is designated as the state administrative
agency required to be established pursuant to Section 105 of Title
1, Section 122 of Title III, Section 603 of Title begin delete VI end delete begin insert VI, end insert and Section
704 of Title VII of the begin insert federal end insert Higher Education Act of 1965
(Public Law begin delete 89-329) end delete begin insert 89-329), end insert as amended by the begin insert federal end insert Education
Amendments of 1972 (Public begin delete law end delete begin insert Law end insert 92-318). The California
begin delete Postsecondary Education Commission end delete begin insert Commission on Higher
Education Performance and Accountability end insert is hereby vested with
authority to prepare and submit to the United States Commissioner
of Education any state plan required by begin delete said end delete begin insert that end insert act of Congress,
to prepare and submit amendments to begin delete such end delete begin insert those end insert state plans, and
to administer begin delete such end delete begin insert those end insert state plans or amendments thereto, in
accordance with begin delete said end delete begin insert that end insert act of Congress and any rules and
regulations adopted begin delete thereunder. end delete begin insert under that act. end insert Any such state plan
or amendment thereto prepared by the California begin delete Postsecondary
Education Commission end delete begin insert Commission on Higher Education
Performance and Accountability end insert shall be subject to the approval
of the Department of Finance to the extent required by Section
13326 of the Government Code. The California begin delete Postsecondary
Education Commission end delete begin insert Commission on Higher Education
Performance and Accountability end insert is hereby vested with all necessary
power and authority to cooperate with the government of the United
States, or any agency or agencies thereof in the administration of
the act of Congress and the rules and regulations adopted
begin delete thereunder. end delete begin insert under that act. end insert

SEC. 32.  

Section 67003 of the Education Code is amended to
read:

67003.  

The Trustees of the California State University on behalf
of the California State University, the Regents of the University
of California on behalf of the university, the Board of Governors
of the California Community Colleges on behalf of the community
colleges, and the Board of Governors of the California Maritime
Academy on behalf of the California Maritime Academy, are vested
with all power and authority to perform all acts necessary to receive
the benefits and to expend the funds provided by the begin delete act end delete begin insert acts end insert of
Congress described in Section 67000 and with all necessary power
and authority to cooperate with the government of the United
States, or any agency or agencies thereof, and with the California
begin delete Postsecondary Education Commission end delete begin insert Commission on Higher
Education Performance and Accountability end insert for the purpose of
receiving the benefits and expending the funds provided by the
act of Congress, in accordance with the act, or any rules or
regulations adopted thereunder, or any state plan or rules or
regulations of the California begin delete Postsecondary Education Commission end delete
begin insert Commission on Higher Education Performance and Accountability end insert
adopted in accordance with the act of Congress. Whenever
necessary to secure the full benefits of the act of Congress for loans
or grants for academic facilities, the trustees, regents, or boards of
governors may give any required security and may comply with
any conditions imposed by the federal government.

SEC. 33.  

Section 67312 of the Education Code is amended to
read:

67312.  

(a) The Board of Governors of the California
Community Colleges and the Trustees of the California State
University shall, for their respective systems, and the Regents of
the University of California may, do the following:

(1) Work with the California begin delete Postsecondary Education
Commission end delete begin insert Commission on Higher Education Performance and
Accountability end insert and the Department of Finance to develop formulas
or procedures for allocating funds authorized under this chapter.

(2) Adopt rules and regulations necessary to the operation of
programs funded pursuant to this chapter.

(3) Maintain the present intersegmental efforts to work with the
California begin delete Postsecondary Education Commission end delete begin insert Commission on
Higher Education Performance and Accountability end insert and other
interested parties, to coordinate the planning and development of
programs for students with disabilities, including, but not
necessarily limited to, the establishment of common definitions
for students with disabilities and uniform formats for reports
required under this chapter.

(4) Develop and implement, in consultation with students and
staff, a system for evaluating state-funded programs and services
for disabled students on each campus at least every five years. At
a minimum, these systems shall provide for the gathering of
outcome data, staff and student perceptions of program
effectiveness, and data on the implementation of the program and
physical accessibility requirements of begin delete Section 794 of Title 29 of end delete
the begin delete Federal end delete begin insert federal end insert Rehabilitation Act of 1973 begin insert (Public Law 93-112)
contained in Section 794 of Title 29 of the United States Code end insert .

(b) Commencing in January 1990, and every two years
thereafter, the Board of Governors of the California Community
Colleges shall submit a report to the Governor, the education policy
committees of the Legislature, and the California begin delete Postsecondary
Education Commission end delete begin insert Commission on Higher Education
Performance and Accountability end insert describing its efforts to serve
students with disabilities. These biennial reports shall also include
a review on a campus-by-campus basis of the enrollment, retention,
transition, and graduation rates of disabled students, including
categorical funding of those programs.

SEC. 34.  

Section 67382 of the Education Code is amended to
read:

67382.  

(a) (1)  On or before January 1, 2004, and every three
years thereafter, the State Auditor shall report the results of an
audit of a sample of not less than six institutions of postsecondary
education in California that receive federal student aid, to evaluate
the accuracy of their statistics and the procedures used by the
institutions to identify, gather, and track data for publishing,
disseminating, and reporting accurate crime statistics in compliance
with the requirements of the begin insert federal end insert Jeanne Clery Disclosure of
Campus Security Policy and Campus Crime Statistics Act (20
U.S.C. Sec. 1092 (f)(1) and (5)).

(2) The results of the begin delete annual end delete audits described in paragraph (1)
shall be submitted to the respective chairs of the Assembly begin delete Higher
Education Committee end delete begin insert Committee on Higher Education end insert and the
Senate begin delete Education Committee. end delete begin insert Committee on Education. end insert

(b) The California begin delete Postsecondary Education Commission end delete
begin insert Commission on Higher Education Performance and Accountability end insert
shall provide on its Internet Web site a link to the Internet Web
site of each California institution of higher education that includes
on that begin insert Internet end insert Web site the institution’s criminal statistics
information.

(c) The Legislature finds and declares that institutions of higher
education that are subject to the begin insert federal end insert Jeanne Clery Disclosure
of Campus Security Policy and Campus Crime Statistics Act (20
U.S.C. Sec. 1092(f)(1) and (5)), should establish and publicize a
policy that allows victims or witnesses to report crimes to the
campus police department or to a specified campus security
authority, on a voluntary, confidential, or anonymous basis.

SEC. 35.  

Section 68052 of the Education Code is amended to
read:

68052.  

(a) It is the intent of the Legislature that California’s
public institutions of higher education shall establish nonresident
student tuition policies that are consistent with their resident student
fee policies. Nonresident student tuition shall be determined by
each of the public postsecondary segments through the adoption
of a methodology that annually establishes the nonresident student
tuition rate. It is further the intent of the Legislature that, while the
public institutions are to be provided flexibility in establishing
their nonresident tuition, under no circumstances shall the level
of nonresident tuition plus required fees fall below the marginal
cost of instruction for that segment.

(b) The following state policies regarding nonresident student
tuition are hereby established:

(1) Unless otherwise prescribed by statute, an admission fee
and rate of tuition fixed by each public postsecondary governing
board shall be required of each nonresident student. Each public
postsecondary education governing body shall develop its own
methodology for establishing the nonresident tuition level and its
annual adjustment level of nonresident student tuition, unless
otherwise prescribed by statute.

(2) As California’s public postsecondary education segments
annually adjust the level of nonresident tuition they charge
out-of-state students, the nonresident tuition methodologies they
develop and use should take into consideration, at minimum, the
following two factors:

(A) For the University of California and the California State
University, the total nonresident charges imposed by each of their
public comparison institutions, as identified by the California
begin delete Postsecondary Education Commission. end delete begin insert Commission on Higher
Education Performance and Accountability. end insert

(B) The full average cost of instruction of their segment.

(3) It is the intent of the Legislature that under no circumstances
shall an institution’s level of nonresident tuition plus required
student fees fall below the marginal cost of instruction for that
segment.

(4) The University of California, the California State University,
the Hastings College of the Law, and the California Maritime
Academy should endeavor to ensure that increases in the level of
nonresident tuition are gradual, moderate, and predictable by
providing nonresident students with a minimum of a 10-month
notice of tuition increases.

(c)  begin delete No provision of this section shall be applicable end delete begin insert This section
does not apply end insert to the California Community Colleges.

(d) In the event that state revenues and expenditures are
substantially imbalanced due to factors unforeseen by the Governor
and the Legislature, including, but not limited to, initiative
measures, natural disasters, or sudden deviations from expected
economic trends, the nonresident student tuition at the University
of California, the California State University, the Hastings College
of the Law, and the California Maritime Academy, shall not be
subject to this section.

SEC. 36.  

Section 69562 of the Education Code is amended to
read:

69562.  

The Student Aid Commission shall establish a
12-member project grant advisory committee to advise project
directors and the commission on the development and operation
of the projects, and consisting of the following:

(a) Three representatives of outreach programs, representing
the University of California, the California State University, and
the California Community Colleges, appointed by their respective
governing boards.

(b) One representative of private colleges and universities,
appointed by the Association of California Independent Colleges
and Universities.

(c) One representative of the California begin delete Postsecondary Education
Commission, end delete begin insert Commission on Higher Education Performance and
Accountability, end insert appointed by the begin delete commission. end delete begin insert Student Aid
Commission. end insert

(d) Two secondary school staff, appointed by the begin delete Superintendent
of Public Instruction. end delete begin insert Superintendent. end insert

(e) Two persons representing the general public, one appointed
by the Speaker of the Assembly and the other by the Senate begin delete Rules
Committee. end delete begin insert Committee on Rules. end insert

(f) Two postsecondary students, both appointed annually by the
California begin delete Postsecondary Education Commission. end delete begin insert Commission on
Higher Education Performance and Accountability. end insert

(g) One college campus financial aid officer, appointed by the
begin delete commission. end delete begin insert Student Aid Commission. end insert

SEC. 37.  

Section 69655 of the Education Code is amended to
read:

69655.  

(a) Pursuant to Section 69648, the Chancellor of the
California Community Colleges shall determine the elements of
a statewide begin delete data base end delete begin insert database end insert for the Community College
Extended Opportunity Programs and Services, which shall be used
for periodic evaluation of the programs and services. The begin delete data base end delete
begin insert database end insert shall include all information necessary to demonstrate
the statewide progress towards achieving the program goals
identified in Section 69640, and program objectives adopted
pursuant to Section 69648 including, but not limited to, all of the
following:

(1) The annual number of extended opportunity programs and
services (EOPS) students and non-EOPS students who complete
degree or certificate programs, transfer programs, or other
programs, as determined by state and local matriculation policies.

(2) The annual number of EOPS and non-EOPS students who
transfer to institutions begin delete which end delete begin insert that end insert award the baccalaureate degree.
In implementing this paragraph, the chancellor shall work in
cooperation with the California begin delete Postsecondary Education
Commission, end delete begin insert Commission on Higher Education Performance and
Accountability, end insert the President of the University of California, the
Chancellor of the California State University, and the Association
of Independent Colleges and Universities to establish methods for
obtaining the necessary data.

(3)  begin insert (A) end insert begin insert   end insert The annual number of EOPS and non-EOPS students
completing occupational programs who find career employment.

begin delete

In

end delete

begin insert (B) end insert begin insert   end insert begin insert In end insert implementing this paragraph, the chancellor shall integrate
the data collection with existing data collection requirements
pertaining to vocational education.

(b) Beginning in January 1987, the chancellor shall annually
report to the Legislature regarding the number of students served
by the Community College Extended Opportunity Programs and
Services and the number of EOPS students who achieve their
educational objectives.

SEC. 38.  

Section 69966 of the Education Code is amended to
read:

69966.  

The Student Aid Commission shall administer the
California State Work-Study Program in consultation with an
advisory committee. The membership of the advisory committee,
which may be an existing advisory committee established by the
commission, shall be representative of, but need not be limited to,
financial aid and student employment administrators from each
segment of postsecondary education, students, public schools,
employers, the California begin delete Postsecondary Education Commission, end delete
begin insert Commission on Higher Education Performance and Accountability, end insert
and experiential education personnel.

SEC. 39.  

Section 74292 of the Education Code is amended to
read:

74292.  

Notwithstanding any other begin delete provision of end delete law, the
following steps shall be taken to address the imminent risk that
Compton Community College’s accreditation will be terminated
by the regional accrediting body recognized by the Board of
Governors of the California Community Colleges:

(a) The Chancellor of the California Community Colleges is
authorized to oversee all actions at the Compton Community
College District related to the loss of the college’s accreditation
and efforts described in this article to address that situation. The
Compton Community College District shall reimburse the Board
of Governors of the California Community Colleges for any
expenses incurred by the chancellor or his or her staff in carrying
out this oversight responsibility.

(b) The Compton Community College District shall complete
the provision of instruction for all classes for which it intends to
claim apportionment prior to the date of its loss of accreditation.

(c) Notwithstanding any other begin delete provision of end delete law, the Compton
Community College District shall continue to be eligible to receive
state funding as provided in this article even if its accreditation is
terminated.

(d) (1) The Compton Community College District shall identify
a partner district that will agree to provide accredited instructional
programs to students residing in the Compton Community College
District. The special trustee assigned to the Compton Community
College District pursuant to Section 71093 and the partner district
are authorized to enter into one or more agreements to provide
instructional services or other services, and to make any other
necessary preparations to implement the educational programs
described in this article, as well as any related necessary
administrative or support services, in a timely manner so as to
ensure that services to Compton Community College students will
not be interrupted and that those students will remain eligible for
federal financial assistance. The agreement or agreements shall
provide that the partner district is entitled to receive a reasonable
administrative fee to be fixed by the mutual agreement of the
parties.

(2) The partner district shall be a district in good standing with
the Accrediting Commission for Community and Junior Colleges
(ACCJC), and shall have successfully completed the accreditation
cycle and secured accreditation for its colleges. A district with a
college that is on warning, probation, or show-cause status with
the ACCJC, or that is being monitored for fiscal stability by the
chancellor’s office is not considered a district in good standing for
begin delete the end delete purposes of this article.

(e) The partner district may offer any programs or courses for
which it has secured applicable approvals. In addition, any
programs and courses that were previously approved by the board
of governors to be offered by the Compton Community College
District may continue to be offered by the partner district in the
territory of the Compton Community College District without
additional state approval until June 30, 2011.

(f) No later than 30 days after Compton Community College’s
loss of accreditation, the board of governors shall approve the
facilities of Compton Community College as an off-campus
educational center of the partner district. The center shall be known
as the Compton Community Educational Center. The board of
governors shall give notice of its approval to the county committee
and county superintendent having jurisdiction over any territory
affected by the action.

(g) The board of governors may permanently or temporarily
waive any of its regulatory requirements necessary to effectuate
this article, including, but not necessarily limited to, its regulations
regarding educational centers.

(h) The partner district is eligible to provide instruction at the
center without the recommendation of the California begin delete Postsecondary
Education Commission end delete begin insert Commission on Higher Education
Performance and Accountability end insert under Section 66904 until the
district secures the commission’s recommendation for the facility
to operate as an off-campus educational center or until June 30,
2011, whichever occurs first.

(i) The partner district shall comply with all federal requirements
to ensure that students taking classes offered by the partner district
at the Compton Community Educational Center remain eligible
for federal financial assistance.

(j) Students enrolled in the Compton Community College
District as of January 31, 2006, shall be subject to the following
conditions:

(1) The partner district shall ensure that any student who, by
the end of the Spring 2006 term, has completed at least 75 percent
of the courses required for the degree or certificate he or she is
pursuing will be able to complete that program. Every reasonable
effort shall be made to allow other students who have begun work
toward a certificate or degree, but who have not completed 75
percent of the required coursework, to continue and complete their
programs.

(2) Students enrolling in classes provided by the partner district
pursuant to this section shall be considered students of the partner
district, shall receive credit from the partner district for classes
they successfully complete, shall receive certificates or degrees
they earn from the partner district, and shall receive financial aid
through the partner district if they meet all applicable eligibility
requirements.

(3) The partner district shall maintain student records related to
the attendance of students in classes it offers pursuant to this
section in accordance with all applicable state and federal laws.

(4) The partner district shall consider each student who enrolls
for classes no later than the Spring 2007 term to be a continuing
student for purposes of enrollment priorities.

(5) Any regulations of the board of governors relating to
minimum residence at the college granting a degree shall not be
applicable.

(k) The board of governors shall adopt any regulations necessary
to implement this article. These regulations may be adopted as
emergency regulations that may remain in effect for up to one year
from the date of adoption, and shall not be subject to paragraph
(5) or (6) of subdivision (a) of Section 70901.5 or to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code.

(l) (1) The partner district shall provide the services described
in this article for a minimum of five years from the date those
services commence pursuant to subdivision (d), and shall thereafter
provide the services for any additional period determined necessary
by the board of governors. In addition, the board of governors may
require, in its sole discretion, that the services described herein be
modified or terminated at an earlier date based on the best interests
of the California Community Colleges system and its students.

(2) Notwithstanding paragraph (1), either the partner district or
the special trustee appointed pursuant to Section 71093 may initiate
termination of the agreements described in subdivision (d) by
giving 180 days’ written notice to the other party and to the board
of governors. No termination pursuant to this subdivision may take
effect until the end of the semester following the notice provided
under this paragraph, so as to protect students from a mid-term
interruption of educational services. Should the partner district
provide notice of a desire to terminate any agreements at a time
when the trustee determines that services provided under those
agreements are still necessary to serve the interests of Compton
students and residents or at a time when the Compton Community
College District is not fully accredited and bonds issued pursuant
to Section 41329.52 are outstanding, the partner district shall
continue the services until it can secure a district to provide
uninterrupted comparable services to the satisfaction of the special
trustee.

(m) (1) The Compton Community College District shall
continue to be responsible for ensuring that all of its permanent
records are retained and stored as required by state law and that
all records related to its administration of programs under Title IV
of the federal Higher Education Act are retained for a minimum
of three years after the conclusion of its participation in those
programs.

(2) The Compton Community College District shall be
responsible for institutional actions related to the loss of
accreditation, including actions that are required under Section
688.26 of Title 34 of the Code of Federal Regulations, related to
the ending of the participation of the Compton Community College
District in programs under Title IV of the federal Higher Education
Act, refunding any students’ unearned tuition and fees, refunding
to the federal government any unexpended federal student financial
aid funds, returning to lenders any loan proceeds not distributed
to students, or the collection of outstanding student debts to the
Compton Community College District.

(n) In addition to addressing the ongoing educational needs of
the students of the Compton Community College District, the
partner district and the special trustee appointed pursuant to Section
71093 shall take steps aimed at achieving the goal of seeking
renewed accreditation for Compton Community College at the
earliest feasible date. Progress toward achieving this goal shall be
periodically reported to the board of governors.

(o)  begin delete No end delete begin insert A end insert person, firm or organization shall begin insert not end insert , without the
permission of the Compton Community College District, use the
name “Compton Community College,” or any name of which these
words are a part, or any abbreviation thereof.

SEC. 40.  

Section 81004 of the Education Code is amended to
read:

81004.  

(a) A community college may develop a public-private
partnership for the purpose of constructing education buildings or
education centers. The facilities may be constructed on a site
donated through the public-private partnership agreement between
the community college and the private sector. The construction of
any education building or education center is subject to approval
by the Board of Governors of the California Community Colleges
if the education building or education center is eligible for state
funding for construction, equipment, or ongoing maintenance.
Community colleges shall not be eligible to receive state funds for
off-campus centers unless recommended by the California
begin delete Postsecondary Education Commission end delete begin insert Commission on Higher
Education Performance and Accountability end insert pursuant to Section
66904.

(b) (1) If a community college requests state funding for an
education building or education center constructed through a
public-private partnership, funding for that facility shall not
supersede community college facilities that have been previously
prioritized by the board of governors and are awaiting state
funding. These facilities shall be subject to the board of governors’
annual prioritization process and shall not receive higher priority
for state funding solely because the facilities are constructed
through a public-private partnership.

(2) Any state funding to reimburse a community college for
construction of a facility pursuant to this subdivision shall not
exceed that community college’s share of costs.

(c) A community college may request state funding for
instructional equipment for an education building or education
center that is constructed through a public-private partnership or
that is acquired without state funding. However, funding for that
equipment shall be provided in the same manner as for other
community college facilities, provided that the construction or
acquisition of the facility otherwise would have qualified as a
priority project for state funding.

(d) On or before January 1, 1999, the board of governors shall
adopt regulations to implement this section. However, prior to
adopting these regulations, the Chancellor of the California
Community Colleges shall consult with the Department of Finance
and the Legislative Analyst.

SEC. 41.  

Section 81005 of the Education Code is amended to
read:

81005.  

(a) State funds provided for the capital outlay financing
needs of the California Community Colleges may be used to
acquire an existing government-owned or privately-owned building
and for the necessary costs of converting that building to
community college use. A community college district that is
eligible for state funding for capital outlay financing may purchase
an existing government-owned or privately-owned building and
convert it to community college use with state funds if all of the
following criteria apply:

(1) The building to be purchased was constructed as, and
continues to qualify as, a school building pursuant to Article 7
(commencing with Section 81130), or the building is determined
to have, or is rehabilitated to an extent that it is determined to have,
a pupil safety performance standard that is equivalent to that of a
building constructed pursuant to Article 7 (commencing with
Section 81130). In making the determination of the pupil safety
performance standard as required in this paragraph, all of the
requirements of paragraphs (1) and (2) of subdivision (a) of Section
81149 shall be met.

(2) The total cost of purchasing and converting the existing
building to community college use is not greater than the estimated
cost of constructing an equivalent building.

(3) The land associated with a building to be purchased will be
owned by, or controlled through a long-term lease by, the
community college district. As used in this section, “long-term
lease” means a lease with a term of at least 50 years.

(4) The district has complied with facility site review procedures
and guideline recommendations of the California begin delete Postsecondary
Education Commission end delete begin insert Commission on Higher Education
Performance and Accountability end insert pursuant to Section 66904.

(b) Funding for a building to be purchased under this section
shall not supersede funding for community college facilities that
have previously been prioritized by the board of governors and
are awaiting state funding. Buildings purchased under this section
shall be subject to the annual prioritization process of the board
of governors, and shall not receive higher priority for state funding
because they are existing buildings rather than buildings proposed
to be constructed.

(c) A community college district that purchases an existing
building under this section may request state funding for
instructional equipment. Funding for that instructional equipment
shall be provided in accordance with Chapter 4.8 (commencing
with Section 84670) of Part 50, provided that the chancellor
determines that the purchase of this equipment qualifies as a
priority for state funding.

SEC. 42.  

Section 87482.4 of the Education Code is repealed.

begin delete

87482.4.  

(a) The Legislature finds and declares that, in the
state’s community college system, teaching constitutes a greater
share of the faculty workload, as compared to the California State
University or the University of California systems. California’s
community college system requires that a faculty member hold,
as a basic qualification, a master’s degree. Furthermore, the
community college system uses a different professional review
process, as compared to the California State University or the
University of California systems.

(b) The California Postsecondary Education Commission shall
conduct a comprehensive study of the California Community
College system’s part-time faculty employment, salary, and
compensation patterns as they relate to full-time community college
faculty with similar education credentials and work experience.
The study shall include a representative sample of urban, rural,
and suburban community colleges in California and shall also refer
to similarly situated community colleges in other states.

(c) The study specified in subdivision (b) shall include, but not
necessarily be limited to, the addressing of policy options available
to achieve pay equity between community college part-time faculty
and full-time faculty and shall also include both of the following:

(1) A quantitative analysis examining duties and tasks of
part-time faculty as compared to full-time faculty. The duties and
tasks examined shall include classroom teaching, preparation,
office hours, recordkeeping, student evaluations, recommendations,
and other professional practices that compare the similarities and
differences between a part-time and full-time faculty position. This
quantitative analysis shall also include both of the following:

(A) An examination of whether part-time faculty salaries vary
significantly among community colleges and the factors that are
associated with any salary differential.

(B) Data concerning the salary compensation pattern for
part-time community college faculty in California and in similarly
situated community colleges in other states, and the disparity
between part-time and full-time compensation for the equivalent
education and experience.

(2) An identification of specific policy and fiscal
recommendations that would enable the California Community
Colleges to achieve a compensation schedule that achieves pay
equity for part-time faculty.

(d) The California Postsecondary Education Commission shall,
in conducting the study required by this section, consult various
representatives of the education community, including the Board
of Governors of the California Community Colleges, community
college faculty groups, and other interested parties.

(e) Notwithstanding Section 7550.5 of the Government Code,
the California Postsecondary Education Commission shall release
the preliminary findings of the study required by this section to
the Legislature and the Governor, on or before March 31, 2000,
and shall transmit the study to the Legislature and the Governor
on or before July 1, 2000.

(f) It is the intent of the Legislature that funding for conducting
the study required by this section shall be made available through
an appropriation, either in future legislation or in the annual Budget
Act, in an amount of up to one hundred fifty thousand dollars
($150,000).

end delete

SEC. 43.  

Section 89002 of the Education Code is amended to
read:

89002.  

The campuses authorized in paragraphs (19), (21), and
(22) of subdivision (a) of Section 89001 shall commence
construction only upon resolution of the trustees, approved by the
California begin delete Postsecondary Education Commission. end delete begin insert Commission on
Higher Education Performance and Accountability. end insert

begin delete

This section shall become operative on July 1, 1995.

end delete

SEC. 44.  

Section 89011 of the Education Code is amended to
read:

89011.  

(a) It is the intent of the Legislature that public
programs of postsecondary education be made available to qualified
persons throughout this state, including areas of substantial existing
or projected population that are isolated from any campus of the
California State University.

(b) The Trustees of the California State University shall consider
the establishment of a permanent, state-supported off-campus
center on state-owned property in Contra Costa County, the purpose
of which shall be to continue to offer education programs at the
upper division and graduate levels.

(c) Pursuant to the establishment of a permanent, state-supported
off-campus center as provided by subdivision (b), the trustees shall
contract for the preparation of a master plan for physical
development, and a detailed survey of Contra Costa County, as
follows:

(1) The master plan for the physical development of the center
shall project major land uses, including open space, and the
development of physical facilities, including those relating to
lecture and laboratory use, and other instructional activities, site
work, plant operations, and adjunct operations. The master plan
shall be subject to the approval of the Trustees of the California
State University.

(2) The detailed survey of Contra Costa County shall include,
but not be limited to, official population projections, an industry
and income profile, an analysis of specific education program
requirements of potentially qualified students, an assessment of
the need for educational services at the upper division and graduate
levels, and an assessment of the services currently provided by
other public and private institutions of postsecondary education,
including the University of California and the California
Community Colleges.

(d) The trustees shall review the results of the master plan and
survey and shall forward the results to the California begin delete Postsecondary
Education Commission end delete begin insert Commission on Higher Education
Performance and Accountability end insert for its review pursuant to Section
66904.

SEC. 45.  

Section 89070.35 of the Education Code is amended
to read:

89070.35.  

(a) The intersegmental advisory committee shall
consist of the following members:

(1) Two members, one of whom shall be a mathematics faculty
member, appointed by each of the following:

(A) The Chancellor of the California State University.

(B) The President of the University of California, if he or she
chooses to serve as a member.

(C) The Chancellor of the California Community Colleges.

(D) The begin delete Superintendent of Public Instruction. end delete begin insert Superintendent. end insert

(2) One member appointed by each of the following:

(A) The Chair of the Association of Independent California
Colleges and Universities.

(B) The Director of the California begin delete Postsecondary Education
Commission. end delete begin insert Commission on Higher Education Performance and
Accountability. end insert

(C) The Chair of the California Academic Partnership Program
Advisory Committee.

(D) The Director of the California Mathematics Project.

(b) The intersegmental advisory committee may recommend
that the trustees increase its size by the appointment of public,
corporate, or other members.

SEC. 46.  

Section 89070.40 of the Education Code is amended
to read:

89070.40.  

The Trustees of the California State University shall
work with the University of California, the California
begin delete Postsecondary Education Commission, end delete begin insert Commission on Higher
Education Performance and Accountability, end insert and the advisory
committee to develop a comprehensive program evaluation. This
evaluation shall be conducted in 1993, and every three years
thereafter to determine the success of the program.

SEC. 47.  

Section 89720 of the Education Code, as amended
by Section 4 of Chapter 511 of the Statutes of 2014, is amended
to read:

89720.  

begin insert (a) end insert begin insert   end insert The trustees may accept on behalf of the state any
gift, bequest, devise, or donation of real or personal property
whenever the gift and the terms and conditions thereof will aid in
carrying out the primary functions of the California State
University as specified in subdivision (b) of Section 66010.4.
Neither Section 11005 of the Government begin delete Code end delete begin insert Code, end insert nor any
other law requiring approval by a state officer of gifts, bequests,
devises, or begin delete donations end delete begin insert donations, end insert shall apply to these gifts, bequests,
devises, or donations. These gifts, bequests, devises, or donations,
and the disposition thereof, shall be annually reported to the
California begin delete Postsecondary Education Commission, end delete begin insert Commission on
Higher Education Performance and Accountability, end insert the Joint
Legislative Budget Committee, and the Department of Finance by
January 31 of each year.

begin delete

Notwithstanding

end delete

begin insert (b) end insert begin insert   end insert begin insert Notwithstanding end insert Sections 11005.2 and 14664 of the
Government Code or any other law to the contrary, the trustees
may sell or exchange interests in real property received pursuant
to this section when, in the judgment of the trustees, the sale or
exchange is in the best interests of the California State University.
No sale or exchange of an interest in real property made pursuant
to this section shall exceed ten million dollars ($10,000,000) per
transaction.

begin delete

Notwithstanding

end delete

begin insert (c) end insert begin insert   end insert begin insert Notwithstanding end insert Sections 11005 and 15853 of the
Government Code or any other begin delete provision of end delete law to the contrary,
the trustees may purchase interests in real property from moneys
received pursuant to this section, including those moneys received
from the sale or exchange of interests in real property pursuant to
this section. Any such purchase shall be consistent with any
restrictions placed upon the gift, bequest, devise, or donation and
shall be in the best interests of the California State University, as
determined by the trustees.

begin delete

No

end delete

begin insert (d) end insert begin insert   end insert begin insert No end insert interest in any real property that is part of a main campus
of any of the institutions of the California State University listed
in Section 89001 shall be sold or exchanged pursuant to this
section.

begin delete

Any

end delete

begin insert (e) end insert begin insert   end insert begin insert Any end insert sale or exchange of interests in real property carried out
pursuant to this section shall be reported annually to the California
begin delete Postsecondary Education Commission end delete begin insert Commission on Higher
Education Performance and Accountability end insert or a successor agency,
the Joint Legislative Budget Committee, and the Department of
begin delete Finance, end delete begin insert Finance end insert by January 31 of each year.

SEC. 48.  

Section 92605 of the Education Code is amended to
read:

92605.  

(a) The regents are hereby requested to consider, as a
component of the University of California’s current systemwide
medical education program assessment, the expansion of the
Charles R. Drew/UCLA Undergraduate Medical Education
Program.

(b) The regents are further requested to submit, not later than
June 30, 2003, a report summarizing their findings regarding the
Charles R. Drew/UCLA Undergraduate Medical Education
Program to the Governor, the Legislature, and the California
begin delete Postsecondary Education Commission. end delete begin insert Commission on Higher
Education Performance and Accountability. end insert

SEC. 49.  

Section 94155 of the Education Code is amended to
read:

94155.  

On or before March 31 in each begin delete year end delete begin insert year, end insert the authority
shall make an annual report of its activities for the preceding
calendar year to the Governor and the Legislature. Each begin delete such end delete report
shall set forth a complete operating and financial statement
covering the authority’s operations during the year. The authority
shall cause an audit of its books and accounts to be made at least
once in each year by certified public accountants. The authority
shall also consult with the California begin delete Postsecondary Education
Commission end delete begin insert Commission on Higher Education Performance and
Accountability end insert and the Student Aid Commission with respect to
the need for additional financing of student loan projects.

SEC. 50.  

Section 99151 of the Education Code is amended to
read:

99151.  

(a) “Admissions data assembly service” means any
summary or report of grades, grade point averages, standardized
test scores, or any combination of grades and test scores, of a test
subject used by any test score recipient.

(b) “Commission” means the California begin delete Postsecondary
Education Commission. end delete begin insert Commission on Higher Education
Performance and Accountability. end insert

begin delete

(c)

end delete begin insert

(c) “Score reporting service” means the reporting of a test
subject’s standardized score to a test score recipient by a test
agency.

end insert begin insert

(d) “Secure test” means any test that contains items not
available to the public and that, to allow the further use of test
items and to protect the validity and reliability of the test, is subject
to special security procedures in its publication, distribution, and
administration.

end insert

begin insert (e) end insert   begin insert (1) end insert begin insert   end insert “Standardized test” or “test” means any test administered
in California at the expense of the test subject begin delete which end delete begin insert that end insert is used
for the purposes of admission to, or class placement in,
postsecondary educational institutions or their programs, or any
test used for preliminary preparation for those tests.

begin delete

“Standardized

end delete

begin insert (2) end insert begin insert   end insert begin insert “Standardized end insert test” or “test” includes, but is not limited to,
the Preliminary Scholastic Aptitude Test, the Scholastic Aptitude
Test, the College Board Achievement Tests and Advanced
Placement Tests, the ACT Assessment, the Graduate Record
Examination, the Medical College Admission Test, the Law School
Admission Test, the Dental Admission Testing Program, the
Graduate Management Admission Test, and the Miller Analogies
Test.

begin delete

The

end delete

begin insert (3) end insert begin insert   end insert begin insert A end insert standardized test does not include a test, or part of a test,
begin delete which end delete begin insert that end insert has been in use for less than five years, or begin delete which end delete begin insert that end insert
is administered to a selected group of individuals principally for
research, begin delete pre-test, end delete begin insert pretest, end insert equating, guidance, counseling, or for
begin delete the end delete purposes of meeting graduation requirements of secondary
schools and postsecondary educational institutions.

begin delete

Tests which

end delete

begin insert (4) end insert begin insert   end insert begin insert Tests that end insert are administered as supplements or auxiliaries to
another test, or begin delete which end delete begin insert that end insert form a specialized component of a test,
may be combined for begin delete the end delete purposes of this chapter.

begin delete

(d) “Secure test” means any test which contains items not
available to the public and which, to allow the further use of test
items and to protect the validity and reliability of the test, is subject
to special security procedures in its publication, distribution, and
administration.

(e) “Test subject” or “subject” means an individual who takes
a standardized test.

(f) “Test sponsor” or “test agency” means an individual,
partnership, corporation, association, company, firm, institution,
society, trust, or joint stock company which develops, sponsors,
or administers standardized tests.

(g)

end delete

begin insert (f) end insert  “Testing year” means the 12 calendar months begin delete which end delete begin insert that end insert the
test agency considers either its operational cycle or its fiscal year.

begin insert

(g) “Test preparation course” means any curriculum, course
of study, plan of instruction, or method of preparation given for
a fee that is specifically designed or constructed to prepare or
improve a test subject’s score on a standardized test.

end insert begin insert

(h) “Test program” means all of the administrations of a test
of the same name during a testing year.

end insert begin delete

(h)

end delete

begin insert (i) end insert  “Test score” or “score” means the value given to the test
subject’s performance on a standardized test, administered by the
test agency, whether reported in numerical, percentile, or any other
form.

begin delete

(i)

end delete

begin insert (j) end insert  “Test score recipient” means any person, organization,
association, corporation, postsecondary education institution, or
governmental agency or subdivision to which the test subject
requests or designates that a test agency report a test score.

begin delete

(j) “Score reporting service” means the reporting of a test
subject’s standardized score to a test score recipient by a test
agency.

end delete begin delete

(k) “Test preparation course” means any curriculum, course of
study, plan of instruction, or method of preparation given for a fee
which is specifically designed or constructed to prepare or improve
a test subject’s score on a standardized test.

end delete begin delete

(l) “Test program” means all of the administrations of a test of
the same name during a testing year.

end delete begin insert

(k) “Test sponsor” or “test agency” means an individual,
partnership, corporation, association, company, firm, institution,
society, trust, or joint stock company that develops, sponsors, or
administers standardized tests.

end insert begin insert

(l) “Test subject” or “subject” means an individual who takes
a standardized test.

end insert

SEC. 51.  

Section 99181 of the Education Code is amended to
read:

99181.  

The University of California, the California State
University, and the California Community Colleges shall each
prepare a list of reports required to be submitted on a regular basis
to the Legislature and to state agencies. The purpose of each report
shall be identified, as well as the costs associated with production
of the report. begin delete Prior to March 1, 1992, this end delete begin insert This end insert information shall
be submitted to the education policy and fiscal committees of the
Legislature, the Department of Finance, and the California
begin delete Postsecondary Education Commission. end delete begin insert Commission on Higher
Education Performance and Accountability. end insert The California
begin delete Postsecondary Education Commission end delete begin insert Commission on Higher
Education Performance and Accountability end insert shall review and
comment on the utility of the required reports identified by the
educational institutions, and offer recommendations for
consolidating or eliminating existing reporting requirements in
order to reduce operating expenses and streamline reporting
provisions.

SEC. 52.  

Section 99182 of the Education Code is amended to
read:

99182.  

(a) On or before November begin delete 15, 1994, and each
November 15 thereafter, end delete begin insert 15 of each year, end insert the California
begin delete Postsecondary Education Commission end delete begin insert Commission on Higher
Education Performance and Accountability end insert shall submit a higher
education report to the Legislature and the Governor begin delete which end delete begin insert that end insert
provides information to the citizens of the state on the significant
indicators of performance of the public colleges and universities.
This annual report shall be presented in a readable format. Prior
to publication, the commission shall distribute a draft of the report
to all public colleges and universities for comment.

(b) The commission, in cooperation with the public colleges
and universities, shall develop and adopt a format for the higher
education report specified in subdivision (a) and the information
to be included. The following types of information shall be
considered for inclusion in the report with respect to public
universities:

(1) The retention rate of students.

(2) The proportion of lower division instructional courses taught
by tenured and tenure-track faculty.

(3) The minimum number of hours per semester required to be
spent by faculty in student advisement.

(4) The proportion of graduate and undergraduate students
participating in sponsored research programs.

(5) Placement data on graduates.

(6) The proportional changes in the participation and graduation
rates of students from groups historically underrepresented in
higher education.

(7) The proportion of graduate students who received
undergraduate degrees (A) at the institution, (B) within the state,
(C) within the United States, and (D) from other nations.

(8) The number of full-time students who have transferred from
a California community college.

(9) Demonstrable evidence of improvements in student
knowledge, capacities, and skills between entrance and graduation,
where this evidence exists.

(10) Results of surveys of students regarding student attitudes
and experiences, where these surveys exist.

(c) The following types of information shall be considered for
inclusion in the report with respect to public community colleges:

(1) The retention rate of students.

(2) The proportion of remedial or developmental education
courses taught by full-time faculty.

(3) The number of hours per student per semester spent by
faculty in student advisement.

(4) Placement data on graduates.

(5) The proportional change in the participation and graduation
rate of students from groups historically underrepresented in higher
education.

(6) The number of students who have transferred into a
four-year, postsecondary begin insert educational end insert institution, by ethnicity and
gender.

(7) Demonstrable evidence of improvements in student
knowledge, capacities, and skills between entrance and graduation,
where this evidence exists.

(8) Results of surveys of students regarding student attitudes
and experiences, where these surveys exist.

SEC. 53.  

Section 99202 of the Education Code is amended to
read:

99202.  

(a) Within each subject matter project, a project
advisory board shall be established to do all of the following:

(1) Set guidelines for project sites.

(2) Review and recommend site proposals for funding.

(3) Monitor project activities to ensure that they adequately
reflect the priorities of the project and that projects comply with
the requirements of this chapter.

(4) Perform other duties as determined by the Concurrence
Committee rules and regulations adopted pursuant to subdivision
(b) of Section 99200.

(b) The composition of each advisory board shall be as follows:

(1) One representative selected by the California begin delete Postsecondary
Education Commission. end delete begin insert Commission on Higher Education
Performance and Accountability. end insert

(2) Two representatives selected by the President of the
University of California, one of whom is a member of the faculty
in the discipline addressed by the project.

(3) Two representatives selected by the Chancellor of the
California State University, one of whom is a member of the faculty
in the discipline addressed by the project.

(4) Three representatives selected by the begin delete Superintendent of
Public Instruction, end delete begin insert Superintendent, end insert one of whom is a classroom
teacher in the subject areas addressed by the project.

(5) Two representatives of the begin delete State Board of Education, end delete begin insert state
board, end insert one of whom is a classroom teacher in the subject areas
addressed by the subject.

(6) One representative selected by the Governor.

(7) One representative selected by the Commission on Teacher
Credentialing.

(8) One representative of the statewide professional organization
of teachers in the subject matter addressed by the project, to be
selected by the president of that organization. If there is more than
one statewide professional organization of teachers in that subject
area, the members of the advisory board may choose which
organization shall select the representative and may choose to
include a representative of one or more of the other organizations
as nonvoting members of the advisory board.

(9) Two representatives of the California begin delete community colleges end delete
begin insert Community Colleges end insert selected by the Chancellor of the California
Community Colleges, one of whom is a faculty member in the
subject matter area addressed by the project.

(10) Two representatives of an independent postsecondary
begin insert educational end insert institution selected by the Association of Independent
California Colleges and Universities, one of whom is a member
of the faculty in the discipline addressed by the project.

SEC. 54.  

Section 11126 of the Government Code is amended
to read:

11126.  

(a) (1)  begin delete Nothing in this article shall be construed to end delete
begin insert This article does not end insert prevent a state body from holding closed
sessions during a regular or special meeting to consider the
appointment, employment, evaluation of performance, or dismissal
of a public employee or to hear complaints or charges brought
against that employee by another person or employee unless the
employee requests a public hearing.

(2) As a condition to holding a closed session on the complaints
or charges to consider disciplinary action or to consider dismissal,
the employee shall be given written notice of his or her right to
have a public hearing, rather than a closed session, and that notice
shall be delivered to the employee personally or by mail at least
24 hours before the time for holding a regular or special meeting.
If notice is not given, any disciplinary or other action taken against
any employee at the closed session shall be null and void.

(3) The state body also may exclude from any public or closed
session, during the examination of a witness, any or all other
witnesses in the matter being investigated by the state body.

(4) Following the public hearing or closed session, the body
may deliberate on the decision to be reached in a closed session.

(b) For begin delete the end delete purposes of this section, “employee” does not include
any person who is elected to, or appointed to a public office by,
any state body. However, officers of the California State University
who receive compensation for their services, other than per diem
and ordinary and necessary expenses, shall, when engaged in that
capacity, be considered employees. Furthermore, for purposes of
this section, the term employee includes a person exempt from
civil service pursuant to subdivision (e) of Section 4 of Article VII
of the California Constitution.

(c) Nothing in this article shall be construed to do any of the
following:

(1) Prevent state bodies that administer the licensing of persons
engaging in businesses or professions from holding closed sessions
to prepare, approve, grade, or administer examinations.

(2) Prevent an advisory body of a state body that administers
the licensing of persons engaged in businesses or professions from
conducting a closed session to discuss matters that the advisory
body has found would constitute an unwarranted invasion of the
privacy of an individual licensee or applicant if discussed in an
open meeting, provided the advisory body does not include a
quorum of the members of the state body it advises. Those matters
may include review of an applicant’s qualifications for licensure
and an inquiry specifically related to the state body’s enforcement
program concerning an individual licensee or applicant where the
inquiry occurs prior to the filing of a civil, criminal, or
administrative disciplinary action against the licensee or applicant
by the state body.

(3) Prohibit a state body from holding a closed session to
deliberate on a decision to be reached in a proceeding required to
be conducted pursuant to Chapter 5 (commencing with Section
11500) or similar provisions of law.

(4) Grant a right to enter any correctional institution or the
grounds of a correctional institution where that right is not
otherwise granted by law, nor shall anything in this article be
construed to prevent a state body from holding a closed session
when considering and acting upon the determination of a term,
parole, or release of any individual or other disposition of an
individual case, or if public disclosure of the subjects under
discussion or consideration is expressly prohibited by statute.

(5) Prevent any closed session to consider the conferring of
honorary degrees, or gifts, donations, and bequests that the donor
or proposed donor has requested in writing to be kept confidential.

(6) Prevent the Alcoholic Beverage Control Appeals Board from
holding a closed session for the purpose of holding a deliberative
conference as provided in Section 11125.

(7) (A) Prevent a state body from holding closed sessions with
its negotiator prior to the purchase, sale, exchange, or lease of real
property by or for the state body to give instructions to its
negotiator regarding the price and terms of payment for the
purchase, sale, exchange, or lease.

(B) However, prior to the closed session, the state body shall
hold an open and public session in which it identifies the real
property or real properties that the negotiations may concern and
the person or persons with whom its negotiator may negotiate.

(C) For purposes of this paragraph, the negotiator may be a
member of the state body.

(D) For purposes of this paragraph, “lease” includes renewal or
renegotiation of a lease.

(E) Nothing in this paragraph shall preclude a state body from
holding a closed session for discussions regarding eminent domain
proceedings pursuant to subdivision (e).

(8) Prevent the California begin delete Postsecondary Education Commission end delete
begin insert Commission on Higher Education Performance and Accountability end insert
from holding closed sessions to consider matters pertaining to the
appointment or termination of the Director of the begin delete California
Postsecondary Education Commission. end delete begin insert California Commission
on Higher Education Performance and Accountability. end insert

(9) Prevent the Council for Private Postsecondary and
Vocational Education from holding closed sessions to consider
matters pertaining to the appointment or termination of the
Executive Director of the Council for Private Postsecondary and
Vocational Education.

(10) Prevent the Franchise Tax Board from holding closed
sessions for the purpose of discussion of confidential tax returns
or information the public disclosure of which is prohibited by law,
or from considering matters pertaining to the appointment or
removal of the Executive Officer of the Franchise Tax Board.

(11) Require the Franchise Tax Board to notice or disclose any
confidential tax information considered in closed sessions, or
documents executed in connection therewith, the public disclosure
of which is prohibited pursuant to Article 2 (commencing with
Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the
Revenue and Taxation Code.

(12) Prevent the Corrections Standards Authority from holding
closed sessions when considering reports of crime conditions under
Section 6027 of the Penal Code.

(13) Prevent the State Air Resources Board from holding closed
sessions when considering the proprietary specifications and
performance data of manufacturers.

(14) Prevent the State Board of Education or the Superintendent
of Public Instruction, or any committee advising the board or the
Superintendent, from holding closed sessions on those portions of
its review of assessment instruments pursuant to Chapter 5
(commencing with Section 60600) of, or pursuant to Chapter 9
(commencing with Section 60850) of, Part 33 of Division 4 of
Title 2 of the Education Code during which actual test content is
reviewed and discussed. The purpose of this provision is to
maintain the confidentiality of the assessments under review.

(15) Prevent the California Integrated Waste Management Board
or its auxiliary committees from holding closed sessions for the
purpose of discussing confidential tax returns, discussing trade
secrets or confidential or proprietary information in its possession,
or discussing other data, the public disclosure of which is
prohibited by law.

(16) Prevent a state body that invests retirement, pension, or
endowment funds from holding closed sessions when considering
investment decisions. For purposes of consideration of shareholder
voting on corporate stocks held by the state body, closed sessions
for the purposes of voting may be held only with respect to election
of corporate directors, election of independent auditors, and other
financial issues that could have a material effect on the net income
of the corporation. For the purpose of real property investment
decisions that may be considered in a closed session pursuant to
this paragraph, a state body shall also be exempt from the
provisions of paragraph (7) relating to the identification of real
properties prior to the closed session.

(17) Prevent a state body, or boards, commissions,
administrative officers, or other representatives that may properly
be designated by law or by a state body, from holding closed
sessions with its representatives in discharging its responsibilities
under Chapter 10 (commencing with Section 3500), Chapter 10.3
(commencing with Section 3512), Chapter 10.5 (commencing with
Section 3525), or Chapter 10.7 (commencing with Section 3540)
of Division 4 of Title 1 as the sessions relate to salaries, salary
schedules, or compensation paid in the form of fringe benefits.
For the purposes enumerated in the preceding sentence, a state
body may also meet with a state conciliator who has intervened
in the proceedings.

(18) (A) Prevent a state body from holding closed sessions to
consider matters posing a threat or potential threat of criminal or
terrorist activity against the personnel, property, buildings,
facilities, or equipment, including electronic data, owned, leased,
or controlled by the state body, where disclosure of these
considerations could compromise or impede the safety or security
of the personnel, property, buildings, facilities, or equipment,
including electronic data, owned, leased, or controlled by the state
body.

(B) Notwithstanding any other begin delete provision of end delete law, a state body,
at any regular or special meeting, may meet in a closed session
pursuant to subparagraph (A) upon a two-thirds vote of the
members present at the meeting.

(C) After meeting in closed session pursuant to subparagraph
(A), the state body shall reconvene in open session prior to
adjournment and report that a closed session was held pursuant to
subparagraph (A), the general nature of the matters considered,
and whether any action was taken in closed session.

(D) After meeting in closed session pursuant to subparagraph
(A), the state body shall submit to the Legislative Analyst written
notification stating that it held this closed session, the general
reason or reasons for the closed session, the general nature of the
matters considered, and whether any action was taken in closed
session. The Legislative Analyst shall retain for no less than four
years any written notification received from a state body pursuant
to this subparagraph.

(d) (1) Notwithstanding any other begin delete provision of end delete law, any meeting
of the Public Utilities Commission at which the rates of entities
under the commission’s jurisdiction are changed shall be open and
public.

(2) Nothing in this article shall be construed to prevent the
Public Utilities Commission from holding closed sessions to
deliberate on the institution of proceedings, or disciplinary actions
against any person or entity under the jurisdiction of the
commission.

(e) (1) Nothing in this article shall be construed to prevent a
state body, based on the advice of its legal counsel, from holding
a closed session to confer with, or receive advice from, its legal
counsel regarding pending litigation when discussion in open
session concerning those matters would prejudice the position of
the state body in the litigation.

(2) For purposes of this article, all expressions of the
lawyer-client privilege other than those provided in this subdivision
are hereby abrogated. This subdivision is the exclusive expression
of the lawyer-client privilege for purposes of conducting closed
session meetings pursuant to this article. For purposes of this
subdivision, litigation shall be considered pending when any of
the following circumstances exist:

(A) An adjudicatory proceeding before a court, an administrative
body exercising its adjudicatory authority, a hearing officer, or an
arbitrator, to which the state body is a party, has been initiated
formally.

(B) (i) A point has been reached where, in the opinion of the
state body on the advice of its legal counsel, based on existing
facts and circumstances, there is a significant exposure to litigation
against the state body.

(ii) Based on existing facts and circumstances, the state body
is meeting only to decide whether a closed session is authorized
pursuant to clause (i).

(C) (i) Based on existing facts and circumstances, the state
body has decided to initiate or is deciding whether to initiate
litigation.

(ii) The legal counsel of the state body shall prepare and submit
to it a memorandum stating the specific reasons and legal authority
for the closed session. If the closed session is pursuant to paragraph
(1), the memorandum shall include the title of the litigation. If the
closed session is pursuant to subparagraph (A) or (B), the
memorandum shall include the existing facts and circumstances
on which it is based. The legal counsel shall submit the
memorandum to the state body prior to the closed session, if
feasible, and in any case no later than one week after the closed
session. The memorandum shall be exempt from disclosure
pursuant to Section 6254.25.

(iii) For purposes of this subdivision, “litigation” includes any
adjudicatory proceeding, including eminent domain, before a court,
administrative body exercising its adjudicatory authority, hearing
officer, or arbitrator.

(iv) Disclosure of a memorandum required under this
subdivision shall not be deemed as a waiver of the lawyer-client
privilege, as provided for under Article 3 (commencing with
Section 950) of Chapter 4 of Division 8 of the Evidence Code.

(f) In addition to subdivisions (a), (b), and (c), nothing in this
article shall be construed to do any of the following:

(1) Prevent a state body operating under a joint powers
agreement for insurance pooling from holding a closed session to
discuss a claim for the payment of tort liability or public liability
losses incurred by the state body or any member agency under the
joint powers agreement.

(2) Prevent the examining committee established by the State
Board of Forestry and Fire Protection, pursuant to Section 763 of
the Public Resources Code, from conducting a closed session to
consider disciplinary action against an individual professional
forester prior to the filing of an accusation against the forester
pursuant to Section 11503.

(3) Prevent an begin delete administrative end delete begin insert advisory end insert committee established
by the California Board of Accountancy pursuant to Section 5020
of the Business and Professions Code from conducting a closed
session to consider disciplinary action against an individual
accountant prior to the filing of an accusation against the
accountant pursuant to Section 11503. Nothing in this article shall
be construed to prevent an examining committee established by
the California Board of Accountancy pursuant to Section 5023 of
the Business and Professions Code from conducting a closed
hearing to interview an individual applicant or accountant regarding
the applicant’s qualifications.

(4) Prevent a state body, as defined in subdivision (b) of Section
11121, from conducting a closed session to consider any matter
that properly could be considered in closed session by the state
body whose authority it exercises.

(5) Prevent a state body, as defined in subdivision (d) of Section
11121, from conducting a closed session to consider any matter
that properly could be considered in a closed session by the body
defined as a state body pursuant to subdivision (a) or (b) of Section
11121.

(6) Prevent a state body, as defined in subdivision (c) of Section
11121, from conducting a closed session to consider any matter
that properly could be considered in a closed session by the state
body it advises.

(7) Prevent the State Board of Equalization from holding closed
sessions for either of the following:

(A) When considering matters pertaining to the appointment or
removal of the Executive Secretary of the State Board of
Equalization.

(B) For the purpose of hearing confidential taxpayer appeals or
data, the public disclosure of which is prohibited by law.

(8) Require the State Board of Equalization to disclose any
action taken in closed session or documents executed in connection
with that action, the public disclosure of which is prohibited by
law pursuant to Sections 15619 and 15641 of this code and Sections
833, 7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651,
45982, 46751, 50159, 55381, and 60609 of the Revenue and
Taxation Code.

(9) Prevent the California Earthquake Prediction Evaluation
Council, or other body appointed to advise the Director of the
Office of Emergency Services or the Governor concerning matters
relating to volcanic or earthquake predictions, from holding closed
sessions when considering the evaluation of possible predictions.

(g) This article does not prevent either of the following:

(1) The Teachers’ Retirement Board or the Board of
Administration of the Public Employees’ Retirement System from
holding closed sessions when considering matters pertaining to
the recruitment, appointment, employment, or removal of the chief
executive officer or when considering matters pertaining to the
recruitment or removal of the Chief Investment Officer of the State
Teachers’ Retirement System or the Public Employees’ Retirement
System.

(2) The Commission on Teacher Credentialing from holding
closed sessions when considering matters relating to the
recruitment, appointment, or removal of its executive director.

(h) This article does not prevent the Board of Administration
of the Public Employees’ Retirement System from holding closed
sessions when considering matters relating to the development of
rates and competitive strategy for plans offered pursuant to Chapter
15 (commencing with Section 21660) of Part 3 of Division begin delete 5 of
Title 2. end delete begin insert 5. end insert

(i) This article does not prevent the Managed Risk Medical
Insurance Board from holding closed sessions when considering
matters related to the development of rates and contracting strategy
for entities contracting or seeking to contract with the board
pursuant to Part 6.2 (commencing with Section 12693), Part 6.3
(commencing with Section 12695), Part 6.4 (commencing with
Section 12699.50), or Part 6.5 (commencing with Section 12700)
of Division 2 of the Insurance Code.

(j)  begin delete Nothing in this article shall be construed to end delete begin insert This article does
not end insert prevent the board of the State Compensation Insurance Fund
from holding closed sessions in the following:

(1) When considering matters related to claims pursuant to
Chapter 1 (commencing with Section 3200) of begin insert Part 1 of end insert Division
4 of the Labor Code, to the extent that confidential medical
information or other individually identifiable information would
be disclosed.

(2) To the extent that matters related to audits and investigations
that have not been completed would be disclosed.

(3) To the extent that an internal audit containing proprietary
information would be disclosed.

(4) To the extent that the session would address the development
of rates, contracting strategy, underwriting, or competitive strategy,
pursuant to the powers granted to the board in Chapter 4
(commencing with Section 11770) of Part 3 of Division 2 of the
Insurance Code, when discussion in open session concerning those
matters would prejudice the position of the State Compensation
Insurance Fund.

(k) The State Compensation Insurance Fund shall comply with
the procedures specified in Section 11125.4 begin delete of the Government
Code end delete with respect to any closed session or meeting authorized by
subdivision (j), and in addition shall provide an opportunity for a
member of the public to be heard on the issue of the
appropriateness of closing the meeting or session.

SEC. 55.  

Section 127785 of the Health and Safety Code is
repealed.

begin delete

127785.  

The California Postsecondary Education Commission
shall furnish to the office, at least biennially, all information that
the commission has compiled pursuant to Section 66903.2 of the
Education Code, that constitutes basic data as to enrollees in public
and private educational institutions and programs preparing or
training health personnel. The office may request additional data
from licensing boards and agencies to supplement the data received
from the commission, as necessary to carry out the health personnel
planning and development activities of the office.

end delete

SEC. 56.  

Section 128030 of the Health and Safety Code is
amended to read:

128030.  

The office, in cooperation with the California
begin delete Postsecondary Education Commission, end delete begin insert Commission on Higher
Education Performance and Accountability, end insert shall administer the
program established pursuant to this article and shall for this
purpose, adopt regulations as it determines are reasonably necessary
to carry out this article.

SEC. 57.  

Section 24357.8 of the Revenue and Taxation Code
is amended to read:

24357.8.  

(a) In the case of a qualified research contribution,
the amount otherwise allowed as a deduction under Section 24357,
shall be reduced by that amount of the reduction provided by
Section 24357.1 begin delete which end delete begin insert that end insert is no greater than the sum of the
following:

(1) One-half of the amount computed pursuant to Section
24357.1 (computed without regard to this paragraph).

(2) The begin delete amount (if any) end delete begin insert amount, if any, end insert by which the charitable
contribution deduction under this section for any qualified research
contribution (computed by taking into account the amount
determined by paragraph (1), but without regard to this paragraph)
exceeds twice the basis of the property.

(b) For purposes of this section, “qualified research contribution”
means a charitable contribution by a taxpayer of tangible personal
property described in paragraph (1) of Section 1221 of the Internal
Revenue Code, but only if all of the following conditions are met:

(1) The contribution is to an educational organization begin delete which end delete
begin insert that end insert is described in subsection (b)(1)(A)(ii) of Section 170 of the
Internal Revenue Code and begin delete which end delete begin insert that end insert is an institution of higher
begin delete education (as end delete begin insert education, as end insert defined in Section 3304(f) of the
Internal Revenue Code of begin delete 1954) end delete begin insert 1954, end insert in California.

(2) The contribution is made not later than two years after the
date the construction of the property is substantially completed.

(3) The original use of the property is by the donee.

(4) The property is scientific equipment or apparatus
substantially all of the use of which by the donee is for research
or begin delete experimentation (within end delete begin insert experimentation, within end insert the meaning
of Section begin delete 24365), end delete begin insert 24365, end insert or for research training, in physical,
applied, or biological sciences, or for instructional purposes.

(5) The property is not transferred by the donee in exchange for
money, other property, or services.

(6) The taxpayer receives from the donee a written statement
representing that its use and disposition of the property will be in
accordance with this section, and with respect to property
substantially all of the use of which is for instructional purposes,
the taxpayer receives from the donee a written statement
representing that the property will be used as an integral part of
the instructional program. In the case of a computer, the statement
shall also represent that the donee has acquired or will acquire,
necessary basic operational software and the means to provide
trained staff to utilize the property.

(7) The contribution is made on or after July 1, 1983, and on or
before December 31, 1993.

(8) The taxpayer shall report to the Franchise Tax Board, on
forms prescribed by the board, the name and address of the
recipient educational organization, a description of the qualified
charitable contribution, the fair market value of the contribution,
and the date the contribution was made. The taxpayer shall forward
a copy of the forms, along with the written statements prescribed
in paragraph (6), to the following:

(A) The President of the University of California, in the case
of contributions to institutions within the University of California
system.

(B)  begin delete California Postsecondary Education Commission end delete begin insert The
California Commission on Higher Education Performance and
Accountability end insert , in the case of contributions to private institutions.

(C) The Chancellor of the California State University, in the
case of contributions to institutions within the California State
University system.

(D) The Chancellor of the California Community Colleges, in
the case of contributions to institutions within the California
Community College system.

(c) For purposes of this section, the term “taxpayer” shall not
include a service begin delete organization (as end delete begin insert organization, as end insert defined in
Section 414(m)(3) of the Internal Revenue begin delete Code ). end delete begin insert Code. end insert

SEC. 58.  

Section 10529 of the Unemployment Insurance Code
is amended to read:

10529.  

(a) The services provided by the existing labor market
information system within the department shall include workforce
and economic information that does all of the following:

(1) Provides data and information to the state Workforce
Investment Board created pursuant to Section 2821 of Title 29 of
the United States Code, to enable the board to plan, operate, and
evaluate investments in the state’s workforce preparation system
that will make the California economy more productive and
competitive.

(2) Provides data and information for continuous strategic
planning and the development of policies for the growth and
competitiveness of the California economy.

(3) Identifies and combines information from various state begin delete data
bases end delete begin insert databases end insert to produce useful, geographically based analysis
and products, to the extent possible using existing resources.

(4) Provides technical assistance related to accessing workforce
and economic information to local governments, public-sector
entities, research institutes, nonprofit organizations, and community
groups that have various levels of expertise, to the extent possible
using existing resources.

(b) The department shall coordinate with the State Department
of Education, the Chancellor of the California Community
Colleges, the State Department of Social Services, the California
begin delete Postsecondary Education Commission, end delete begin insert Commission on Higher
Education Performance and Accountability, end insert the Department of
Finance, and the Franchise Tax Board in developing economic
and workforce information. The department shall also solicit input
in the operation of the program from public and private agencies
and individuals that make use of the labor market information
provided by the department.

SEC. 59.  

Section 4341.5 of the Welfare and Institutions Code
is amended to read:

4341.5.  

In order to ensure an adequate number of qualified
psychiatrists and psychologists with forensic skills, the State
Department of State Hospitals shall, to the extent resources are
available, plan with the University of California, private
universities, and the California begin delete Postsecondary Education
Commission, end delete begin insert Commission on Higher Education Performance and
Accountability end insert for the development of programs for the training
of psychiatrists and psychologists with forensic skills, and
recommend appropriate incentive measures, such as state
scholarships.

SEC. 60.  

Section 4421 of the Welfare and Institutions Code is
amended to read:

4421.  

In order to assure an adequate number of qualified
psychiatrists and psychologists with forensic skills, the State
Department of Developmental Services shall plan with the
University of California, private universities, and the California
begin delete Postsecondary Education Commission, end delete begin insert Commission on Higher
Education Performance and Accountability end insert for the development
of programs for the training of psychiatrists and psychologists with
forensic skills.